Order No. 1L,572 'xx~~~m RESOLUTION '~'~~~~'~ ACCEPTING GRANT OFFER. AND APPROVING AND ENTERING INTO GRANT AGREEMENT AND AUTHORIZING COUNTY JUDGE TO EXECUTE SAME BE IT RESOLVED by the Commissioners Court of the County of Kerr, State of Texas: SECTION 1. That the Commissioners Court of Kerr County, Texas, shall and does hereby accept a Grant Offer of Federal Funds as made by the Area Manager, Houston Area, Federal Aviation Administration, under date of Septem- ber 29, 1967, for the purposes therein set out; that the said Commissioners Court of Kerr County hereby accepts all the terms, conditions, and obligations therein and thereby imposed and by its acceptance of same does hereby ratify the Project Application and does hereby acknowledge said instruments as constituting a solemn and binding agreement with the United States Government, for the purposes of 'obtaining Federal Aid in the development of the Louis Schreiner Field Airport, and that a copy of such agreement is annexed as Exhibit "A" hereto and made part heteof as if set forth at length herein. SECTION 2, That the County Judge of Kerr County is hereby authorized and directed to evidence the County's agreement by affixing his signature to such agreement, which is hereby executed in quintuplicate, and the County Clerk of Kerr County is hereby authorized and directed to impress the official seal of the Commissioners Court of Kerr County, Texas, thereon and to attest said execu- tion, P~A$SED AND APPROVED by a majority vote of the Commissioners Court of Kerr County, Texas, and approved this 2nd day of October, 1967. ~ ~ 1 ~/ UNTY JU GE, KERR COUN T XAS ATTEST: ` I ~ , ` ~,, ; r j~ a ~i Count Clerk an Ex-Officio Clerk of the Coi7~missioners Court of Kerr County, Texas CERTIFICATE I, Emmie M. Muenker, the duly qualified and acting Clerk of the County Court and Ex-Officio Clerk of the Commissioners Gourt of Kerr County, Texas, do hereby certify that the foregoing is a true and correct copy of the original minutes of the special meeting of the Commissioners Court of Kerr County, Texas, held on October 2, 1967, on file and of record insofar as said original minutes relate to the matters set forth in the foregoing extract, and I do further certify that a copy of the Resolution appearing in said extract is a true and correct copy of such resolution adopted at said meeting and on file and of record in my office. .fi -~ IN_T~STIMONY WHEREOF, i have hereunto set my hand and the seal of .u - said`Coi~x~Yr~ssioners Court of Kerr County, Texas, this 2nd day of October, .' 1967: _ ; iij l`" ' ~rity Clerk and Ex-Officio Clerk of the Commissioners Courtof Kerr`Courity, -, Texas ORDER N0. 1052 Resol,~tion -Accepting Grant Offer and~Approving and ~ Entering into Grant Agreement Aiid Authorizing County Judge t~ Execute Same r .. ~ .h~ ~ Iii q _. /O _~ _ /66~' _ , 1 '. _ i ; d i ~ , ~. ~ ' ~ ~~~ -~ !. ' ~ ~ ~ ..~ _. '~ i , EXHIBIT "A" TY&E'St:~'a` ttP Tft,ti}+TiRI C~iC FEDERAL AVIATION GRANT AGREEMENT Part 1-Offer Date of Offer Page 1 of Z pages 2esuSs t1~i' Fie3.ci Airport Project No. q.1t1~2t~6-0801 Contract No. F'A 6~ Paid ~Oi?1 TO: I2ae Ct'P7Y tsf' 1GereTttla3aF ! 7~he Cout3tay aY lt~zt. 7.'esca~ (herein referred to as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Agency, herein re- ferred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated Jttty ~~ 1c~~ for a grant of Federal funds for a project for develop• ment of the is9ttltS bfietrRi~eC Ff+e1d Airport (herein called the "Airport"), together with plans and specifications for such project, which Project Application, as approved by the FAA is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project") consisting of the following-described airport development: Ragvllre l~a~xd - cleex lr~es (A~tlgNt3o~1 !s~ ead to AX'rr~ 1s ~s ~t 6>61~ k~ O.tY Pip ~i$!'t. "A"`y ~' O'la7l!! ~ppa'rt„Y irttaeaCeaetar ~Lie~clsaty tb tilt Atl~laistratt~' ); st»uu- actss~ct t~u[irtsyro (Atfi' vlifl+r} tp ~rztre tjta~e4 aft Nl~Ity/ t stmvay'a. all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; FAA FORM 7632 (5-82) USE PREV IOUB EpIT10N PAGE 1 { Page 2 of ~ pages NOW THEREFORE, pursaant to and for the purpose of carrying out the provisions of the Federal Airport Act, as amended (49 U.S.C. 1101), and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application, and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and the operation and maintenance of (he Airport as herein provided, THE FEDERAL AVIATION AGENCY, FOR ANll ON L'EIIALF OF THE UNITEll STATES, HERL'BY OFFERS AND AGREES to pay, as life United States share of the allowable costs incurred in accomplishing the Project, This Offer is made on and subject to the following terms and conditions: 1. The maximum obligation of the United States payable under this OE[cr shall be ~ ~s~ 2. The Sponsor shall: (a) begin accomplishment of the Project within ~'~~ days after acceptance of this OCCer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of the United States hereunder by the FAA; (b) carry out and complete the Project without undue delay and in accordance with the terms hereof, the Federal Airport Act, and Sections 151.45-151.55 of the Regulations of the Federal Aviation Agency (14 GFR IFiI) in effect as of the date of acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations' ; (c) carry out and complete the Project in accordance with the plans and specifications and property map, incorporated herein, as they may be revised or modified with the approval of the FAA. 3. The allowable costs of the project shall nut include any costs determined by Che FAA to be ineligible for consideration as to allnwability under Section 1Ci1.41 (b) of the Regula- tions. 4. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of Sections 151.57-151.63 of the Regulations. Final determination as to the alluwability of the costs of the project will be made at the time of the final grant payment pursuant to Section 151.G3 of the Regulations: Provided, that, in the event asemi-final grant payment is made pursuant to Section 151.63 of the Regulations, final determination as to die allowability of those costs to which such semi- final payment relates will be made at the time of such semi-final payment. FAA FORM 1632 (8-E3) DESTROY PREVIOUS EDITION PAGE Z Page of ~ pages 5. The Sponsor shall operate and maintain the Airport as provided in the Project Application incorporated herein and specifically covenants and agrees, in accordance with its Assurance 4 in Part III of said Project Application, that in its operation and the operation of all facilities thereof, neither it nor any person or organization occupying space or Yacilities thereon will discriminate against any person or class of persons by reason of race, color, creed, or national origin in the use of any of the facilities provided fcr the public on the airport. 6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 7. This Offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this Offer has been accepted by the Sponsor on or before or such subsequent date as may be prescribed in writing by the FAA. 8. In addition the Sponsor shall: (a) Incorporate or cause to be incorporated in each contract for construction work under the project, or any modification thereof, the equal opportunity clause as set forth in Section 202 of Executive Order No. 11246 of September 24, 1965, or such modifi- cation thereof as may be approved by the Secretary of Labor. (b) Incorporate or cause to be incorporated in each bid or proposal form submitted by prospective contractors for construction work under the project the provisions prescribed by Section 151.54(d) (1 ), Fart 151, Federal Aviation Regulations. (c) He bound by said equal opportunity clause in a.r~ construction work under the project which it performs itself other than through its own permanent work force directly employed or through the permanent work force directly employed by anct.,cr wgency of government. (d) Cooperate active]y with the FAA and the Secretary of Iabor in obtaining the compliance of contractors and subcontractors with the equal opportunity cause and the rules, regulations, and relevant orders of the Secretary of Labor. (e) Furnish the FAA and the Secretary of Iabor such information as they may require for the supervision of such compliance and will other- wise assist the FAA in the discharge of its primary responsibility for securing compliance. (f) Refrain from entering into any contract or contract modification subject to Executive Order No, 11246 with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and Federally assisted construction contracts pursuant to Part II, Subpart D of Executive Order No. 11246. Page Page ~ of '~ pages (g) Carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the FAA and the Secretary of Labor pursuant to Part II, Subpart D oP Executive Order No, 11246; and in the event that the sponsor fails or refuses to comply with its undertakings, the FAA may cancel, terminate or suspend in whole or in part any contractual arrangement it may have with the sponsor, may refrain from extending any further assistance under an}}r of its programs subject to Executive Ordex 11246 until satisfactary assurance of future compliance has been receive3 from such applicant, or may refer the case to the Department of Justice for appropriate legal proceedings. In the event that the Sponsor fails or rellises to comply with its undertakings, the FAA may cancel, terminate or suspend in whole or in part any contractual arrangements it may have with the sponsor, may refrain from extending any il~z~ther assistance under any of its programs subject to Executive Order 11114 until satisfactory assurance of future compliance has been received from such applicant, or may refer the case to the Department of Justice for appropriate legal proceedings. 9. (a) The Sponsor's financial records of the project established, maintained and made available to personnel of the FAA in conformity to Section 151.55 oP the Regulations of the Federal Aviation Agency (14 CFR 151) will also be available to representatives of the Comptroller General of the United States, (b) It is understood and agreed that the phrase "Section 77.23 as applied to Section 77.27, Part 77 of the Federal Aviation -Regulations" is hereby substituted for and i.n lieu of the phrase "Section A of FAA Technical Standard Order No. N18, or Advisory Circular (AC) No. 1505300-1, whichever is applicable according to the currently approved airport layout plan" where it appears in Paragraph 7, Part III of the Project Application incorporated into the Grant Agreement, (c) It is understood and agreed that the Sponsor's assurances of non-discrimination in federally assisted programs of the Federal Aviation Agency, providing the assurances required by Title VI of the Civil Rights Act of 1964 and by Part 15 of the Federal Aviation Regulations as amended, executed for and on behalf of Sponsor by 11I1~Q!' 1i. Oa ilwd 3WIfa Jtrlills Ilr ~' are hereby incorpora e in o this Grant Page ~ Page 5 of 7 pages (d) It is understood and agreed that the terms "Administrator of the Federal Aviation Agency," "Administrator" or "Federal Aviation Agency" wherever they appear in this Agreement, in the Project Application, plans and specifications or other documents constituting a part of this Agreement shall be deemed to mean the Federal Aviation Administrator or the Federal Aviation Administra- tion as the: case may be. (e) It is mutually understood and agreed that the United States will not make final payment of the allowable cost of this project until the Sponsor has submitted satisfactox•y evidence that the airport imaginary surfaces as defined in Section 77.25 and 77.27, Subpart C, Part 77 oi' the Federal Aviation Regulations published :in the Federal Register February 10, 1y55, (30 F.R. 1837) have been protected by the adoption of a zoning ordinance and regulations or by securing avigation easements or otherwise prohibiting the creation, establishment, erection or construction in such areas of obstructions to air navigation to the extent provided for in such Regulations or approved by the Adminis- trator as sufficient in the case of this particular airport. It is further understood and agreed that if the imaginary surfaces shall have been protected by the acquisition of avigation ease- ments or other interests in land, the assumption of this obli- gation shall not operate to bar inclusion of such acquisition in a subsequent project. 10. The Federal Government does not now plan or contemplate the construction of at~y new structures pursuant to Paragraph 9 of Part III - Sponsor4s Assurances of the Project Application, dated July 5, 1957, and therefore it is understood and agreed that the Sponsor is under no obligation to furnish any such areas or rights under this Grant Agreement. 11. Notwithstanding the provision of Paragraph 3, Part III, of the Px•oject Application, the sponsor covenants and agrees that it will not grant or permit any exclusive right forbidden by Section 308(x) of the Federal Aviation Act of 1958 (49 U.S.C. 1348) at the airport, or at any other airport now or hereafter owned or controlled by it. Tn furtherance oi' the policy of the FAA under this covenant, the sponsor agrees that, unless authorized by the Administrator, it will not, either directly or indirectly, grant or permit any person, firm, or corporation the exclusive right at the airport or at any other airport now or hereafter owned or controlled by it, to conduct any aeronautical activities, including, but not limited to, charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop Page 6 of 7 pages dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their relationship to the operation of aircraft can be regarded as an aeronautical a,ci;ivity. The sponsor flzrther agrees that it will terminate any such exclusive right (including any exclusive right to engage in the sale of gaso- line or oil, or both) now existing at the airport, or at any other airport now or hereafter owned or controlled by it, at the earliest renewal, cancellation, or expiratior, date applicable to the agree- ment that .established the exclusive right, and certifies that there is no exclusive right not subject to termination under ti2is pro- vision. Page 4 of '~ pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as herein- after provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by the Federal Airport Act, constituting the obligations and rights of the United States and the Spon- sor with respect to the accomplishment of the Project and the operation and maintenance of the Air- purt. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useful life of the facilities developed under the Project but in any event not to exceed twenty years from the date of said acceptance. UNITED STATES OF AMERICA FEDERAL AVIATION AGENCY By.........:*............. (TITLE) ~•Part II-Acceptance Gi'Cy c~' cX~i3~Ae' 15~ar~pr The G+a~6~' E14' '~lelx's~ , - does hereby ratify and adopt all statements, representations, :warranties, c9v®nants, and. agreements contained in the Project Application and incorporated materials referred ~o in tha foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this .., .._......•.. day of ............................ 19 ~} 8L'i~t ~ Attest : . Title: .CL"I"P. Q. .I3aiii . ~R8 .. . (Name of Sponsor) By ................. ... . Title s .'G3,t,~. tom' d7r-i13tt. ~~J ...,. CERTIFICATE OF SPONSOR'S ATTORNEY S"S!I>ht ~ amicer I, ,acting as Attorney for y~ . r .~. ;.~, , (herein referred to as the "Sponsor") do hereby certify: That I have examined the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly auth- orized and that the execution thereof is in all respects due and proper and in accordance with the laws of the State of ,and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated a^^t ~~ this .day of 19 Filcd~tl3y of ~6~---~- A, D. ]9 G~ _ , , . Clerk Co~~ntp Conn, krrr Coun4y, 'fens Title .. . . n.~~S f~~.~J ±~ ~~f1~.Ua FAA FORM 1632 (3-62) U9E PREVIOUS EDITION PAGE 4 GRANT AGREEMENT DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Louis Schreiner Field Airport T0: The City of kerrville, Texas and ,The County of Kerr, Texas FROM: The United States of America (acting through the Federal Aviation Agency) =r.. - . ,. ... './ '`