426 COURT CONVENED IN SPECIAL SESSION SEPTEMBER 28, 1973 at 10:30 o'clock A. M., with the following officers present: Julius R. Neunhoffer W. C. Schwethelm Adolph Bartel Roger Stone County Judge Commissioner Precinct 1 Commissioner Precinct 3 Commissioner Precinct 4 and the Court having duly opened, the following proceedings were had: N0. 11951 RESOLUTION ACCEPTING GRANT OFFER AND APPROVING AND ENTERING INTO GRANT AGREEMENT AND AUTHORIZING COUNTY JUDGE TO EXECUTE SAME On this the 28th day of September 1973, came on to be considered by the Court the Grant Agreement dated September 21, 1973, as submitted by the Chief, Houston Airports District Office, Federal Aviation Administration, to Kerr County and the City of Kerrville, and it appearing to the Court that it would be in the best interests of Kerr County to accept the said Grant Agreement, it is ordered on motion by Commissioner Schwethelm, seconded by Commis- sioner Bartel and unanimously approved by the Court that Kerr County accept the said Grant Agreement as is set forth in "Exhibit A" to this order and that the County Judge be authoriz- ed to execute the same on behalf of Kerr County. 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 Chief, Houston Airports District Office, Federal Aviation Administration, under date of September 21, 1973, for the purposes therein set out; that the Commissioners' Court of Kerr County hereby accepts all the terms, condi- tions, 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 obtain- ing 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 a part hereof 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 execution. PASSED AND APPROVED by a majority vote of the Commissioners' Court of Kerr County, Texas, and approved this 28th day of September, 1973. /s/ Julius R. Neunhoffer /t/ Julius R. Neunhoffer County Judge, Kerr County, Texas ATTEST: /s/ Emmie M. Muenker /t/ Emmie M. Muenker County Clerk and Ex-Officio Clerk of the Commissioners' Court of Kerr County, Texas (Seal) "Exhibit A" Page 1 of 4 pages DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1-Offer Date of Offer SEP 21 1973 Louis Schreiner Field Kerrville Municipal Airport Project No. 7-48-0121-01 ~- -~. -~. Contract No. DOT-FA-74-SW1100 TO: City of Kerrville and County of Kerr, Texas .~ (herein referred to as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated August 23, 1973, for a grant of Federal funds for a project for development of the Louis Schreiner Field, Kerrville Municipal Airport (herein called the "Airport"), together with plans and specifica- tions for such project, which Project Application, as approved by the FAA is hereby incorporat- ed 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: Acquire land (avigation easements in and to Area 1, Parcels 2 and 3; and Area 3, Parcels 3, 3A and 3B,as shown on Property Map Exhibit "A", and twenty-year leasehold in and to Area 6, as described on Exhibit "A-1", or other property interests satisfactory to the Adminis- trator); install Terminal VHF Omni-Directional Range (TVOR) including security fencing; remove (approximately 900 lf) and relocate (approximately 700 lf) existing fence. all as more particularly described in the property map and plans and specifications incor- porated in the said Project Application; Page 2 of 4 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701) 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 the Airport as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, Seventy-five percentum (75%) of all allowable project costs. This Offer is made on and subject to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be $40,378 2. The Sponsor shall: (a) begin accomplishment of the Project within ninety (90) days after acceptance of this Offer 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 Airport and Airway Development Act of 1970, and Sections 152.51- 152.63 of the Regulations of the Federal Aviation Administration (14 CFR 152) in effect as of the date of acceptance of this Offer; which Regulations are herein- after 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 not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 152.47 (b) of the Regulations. 4. Payment of the United States share of the allowable project costs will be made pur- suant to and in accordance with the provisions of Sections 152.65 - 152.71 of the Regulations. Final determination as to the allowability of the costs of the project will be made at the time of the final grant payment pursuant to Section 152.71 of the of the Regulations: Provided, that, in the event a semi-final grant payment is made pursuant to Section 152.71 of the Regulations, final determination as the allowability of those costs to which such semi-final payment relates will be made at the time of such semi-final payment. Page 3 of 4 pages 5. The Sponsor shall operate and maintain the Airport as Provided in the Project Applica- tion 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 occupy- ing space or facilities 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 for 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 before of the costs of the Project unless this Offer has been accepted by the Sponsor on or/ 60 days of the above date 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 bid or proposal form submitted by prospective contractors for construction work under the project the provisions prescribed by Section 60-1. 7(b) (1) and 60-1. 8 (b) of the Regulations issued by the Secretary of Labor (33 FR 7804, 41 CFR Part 60-1). (b) Comply with the provisions set forth in Appendix I, attached hereto. 9. It is understood and agreed that the sponsor will provide for FAA employees adequate V parking accomodations satisfactory to the Administrator at all FAA technical facilities located on the airport. It is further understood and agreed that sponsor will provide, without cost, adequate land for the purpose of parking all official vehicles of the FAA (government and privately owned when used for FAA business) necessary for the maintenance and operation of the FAA facilities on the airport. Such land shall be adjacent to the facilities served. 10. It is mutually understood and agreed that the United States will not make final pay- ment of its share of allowable costs under this project until Sponsor has furnished evidence satisfactory to the Administrator that it is the owner of property interests satisfactory to the Administrator in and to the land shown as Area 1, Parcels 2 and 3; and Area 3 Parcels 3, 3A and 3B, as shown on the property map Exhibit "A"; and Area 6, as described on property map Exhibit "A-1". 11. The Federal Government does not now plan or contemplate the construction of any structures pursuant to paragraph 11 of Part III - Sponsor's Assurances of the Project Application dated August 23, 1973, and, therefore, it is understood and agreed that the sponsor is under no obligation to furnish any areas or rights without cost to the Page 3a of 4 pages Federal Government under this Grant Agreement. However, nothing contained herein shall be construed as altering or changing the rights of the United States and/or the obligations of the sponsor under prior Grant Agreements to furnish rent-free space for the activities specified in such agreements. 12. It is further understood and agreed that FAA approval of the project included in this agreement is conditioned on the Sponsor's compliance with applicable air and water quality standards in accomplishing project construction and in operating the airport; further, that failure to so comply may result in suspension, cancellation or termina- tion of Federal assistance under this agreement. 13. It is understood and agreed that, notwithstanding any other terms and provisions of this agreement, the United States will not be obligated to make a~ payment to the Sponsor under this Grant Agreement until the Sponsor has removed or caused to be re- moved any growth, structure or other object within the runway approaches at each end of Runway 12-30 which would be an obstruction to the landing, taking-off or maneuvering of aircraft at the airport. The standards to be applied for the clearing of the approaches to the runways shall be those standards established by the Administrator in Federal Aviation Regulations Part 77, Objects Affecting Navigable Airspace. '-' 14. The Sponsor will send a copy of all invitations for bids, advertised or negotiated, for concessions or other businesses at the airport to the Office of Minority Business Enterprise (OMBE), Field Operations Division, Department of Commerce, Washington, D. C. 20230, or to the local affiliate designated by the OMBE_ The Sponsor will disclose and make information about the contracts, contracting procedures and requirements available to OMBE or its designated affiliate and minority firms on the same basis that such information is disclosed and made available to other organizations or firms. Responses by minority firms to invitations for bids shall be treated in the same manner as all other responses to the invitations for bids. Compliance with the preceding paragraph will be deemed to constitute compliance by the sponsor with the requirements of 49 CFR 21 Appendix C (A) (1) (X), Regulations of the Office of the Secretary of Transportation. 15. SPECIAL CONDITION FOR ELECTRONIC NAVAID INSTALLATION In order to assure safe, efficient performance, accuracy, and reliability of the electronic navaid(s) to be installed under this Grant Agreement, Sponsor acknowledges its awareness of the cost of operating and maintaining the electronic navaid(s) and specifically covenants and agrees that Sponsor shall, during the term of this Grant Agreement, maintain and operate (or have maintained and operated) the electronic nav- aid(s) and related runway lighting as follows: Page 3a Page 3b of 4 pages (a) Operation The electronic navaid(s) shall be operated, except for outage for maintenance or due to malfunction, day and night throughout the year from date of commission- ing throughout the life of this Grant Agreement. In addition, the runway light- ing system for runway 12/30 (that primarily served by the electronic navaid(s) shall be operated at all times between sunset and sunrise. During daylight hours when competent personnel are readily available to operate lighting controls and when ground-to-air communications are operating, the run- way lighting system shall be operated only when needed for IFR operations or when a request is otherwise made by a pilot or operator. During daylight hours when competent personnel are not readily available or when ground-to air communica- tions are not operating, the runway lighting system shall be operated continuous- ly when IFR conditions exist at the airport. (b) Maintenance. All needed steps shall be taken to keep the electronic navaid(s1 and runway lighting systems operational as set out above. When system malfunction occurs, all necessary steps shall be taken by or for Sponsor to have the malfunction corrected within the shortest feasible time. In addition, the requirements for electronic navaid operation/IFR procedure approval contained in the Subpart(s) of Federal Aviation Regulation Part 171 applicable to the electronic navaid(s) to be installed under this Grant Agreement shall be complied with. (c) Notice to Airmen. In the event of an outage or erratic performance o£ any component of the electronic navaid(s) or runway lighting system that is not immediately corrected, the Sponsor shall immediately advise the nearest FAA Flight Service Station and arrange for the publication of an appropriate Notice to Airmen. Similar action "" shall be taken upon restoration of normal operation. Non-compliance with this provision shall constitute a material breach of this Grant Agree- ment; in the event of such non-compliance, the FAA may take such action as it deems appropri- ate to enforce compliance including, but not limited to, suspension of payment under the Grant Agreement or judicial enforcement. Page 3b Page 3c of 4 pages 16. It is understood and agreed that the United States will not be obligated to make the final payment to the Sponsor under this Grant Agreement until the Sponsor has sub- mitted to the Federal Aviation Administration an acceptable Airport Layout Plan developed in accordance with Advisory Circular 150/5070-6. 17. It is agreed that the property maps Exhibit "A" and "A-1" revised August 30, 1973, attached to the Project Application dated August 23, 1973, are substituted for the original Exhibit "A" and such substitution is approved for all purposes. 18. It is understood and agreed that the United States will not make nor be obligated to make any payment for construction accomplished under this Grant Agreement unless and until the Sponsor has furnished evidence satisfactory to the Administrator that it is the owner of property interests satisfactory to the Administrator in and to the land upon which such construction has been, or is to be, accomplished. Page 3c Page 4 of 4 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Appli- cation incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by the Airport and Airway Development Act o£ 1970, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and the operation and maintenance of the Airport. 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 ADMINISTRATION By Chief, Houston Airports District Office (TITLE) Part II-Acceptance The City of Kerrville, Texas and County of Kerr, Texas does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this (SEAL) Attest: Title: City Clerk .............. 19........ Attest :.................... Title: County Clerk, Kerr County ................... CITY OF KERRVILLE, TEXAS (Name of Sponsor) By .............•--............ Title MAYOR, CITY OF KERRVILLE COUNTY OF KERR• TEXAS (Name of Sponsor) By ............................ CERTIFICATE OF SPONSOR'S ATTORNEY Title: County Judge, Kerr County, Texas I, •••••••••••••••••........., acting as Attorney for The City of Kerrville, Texas and the County of Kerr, Texas, (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 Texas, 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 at ................... this........ day of ...............19......... ............................... Title ......................... APPENDIX 1 The Sponsor hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the follow- ing equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, sex, religion, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employes are treat- ed during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, ....... day of upgrading, demotion, transfer, recruitment or recruitment advertising; layoff or termina- tion; rates of pay or other forms of compensation; and selection for training, includ- ing apprenticeship. The contractor agrees to post in conspicuous places, available to employes and applicants for employment, notices to be provided setting forth the pro- visions of this non-disc=imination clause. (2) The contractor will, in all solicitations or advertisements for employes placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, sex, religion, or national origin. -' (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employes and applicants for employment, (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as revised by Executive Order 11375 of October 1967, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, as revised by Executive Order 11375 of October 1967, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will Appendix 1 permit access to his books, records, and accounts by the administering agency and the page 1 Secretary of Labor for purposes of investigation to ascertain compliance with such rules, .... regulations, and orders. (6) In the event of the contractcr~s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as revised by Executive Order 11375 of October 1967, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 on September 24, 1965, as revised by Executive Order 11375 of October 1967, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every sub-contract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as revised by Executive ~, Order 11375 of October 1967, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, in- cluding sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The Sponsor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construc- tion work; Provided, that if the Sponsor so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentally or subdivision of such government which does not participate in work on or under the contract. The Sponsor agrees that it will assist and cooperate actively with the administering agency _ and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor ~~~~ such information as they may require for the supervision of such compliance, and that it ..~ will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. Appendix 1 Page 2 The Sponsor further agrees that it will refrain from entering into any contract of contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federal- ly assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Sponsor agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sponsor under the program with respect to which the failure or refund occurred until satis- ..-. factory assurance of future compliance has been received from such Sponsor; and refer the case to the Department of Justice for appropriate legal proceedings. Appendix 1 Page 3 0-0-0-0-0-0-0-0-0-0 p~`> ~ NO. 11952 ORDER ACCEPTING PRELIMINARY STUDY AND PLANNING FOR PROPOSED COUNTY-CITY JAIL AND ~:~"-' AUTHORIZING PAYMENT FOR PROFESSIONAL SERVICES RENDERED PURSUANT TO AGREEMENT On this the 28th day of September, 1973 came on to be heard and considered by the Court the design study and planning for the proposed County-City jail and it appearing to the Court that Lester B. Whitton and A. B. Swank have satisfactorily rendered professional services pursuant to the project agreement heretofore entered into under date of May 14, 1973, it is ordered on motion by Commissioner Stone, seconded by Commissioner Schwethelm and unanimously approved by the Court that preliminary approval be given the aforesaid plann- ing and design study, and that, in compliance with administrative requirements, payment in the contractual amount of $15,000.00 be made and it is further ordered that the Clerk and the Treasurer be ordered to draw a voucher on the Jail Planning Fund in the amount of ,,,, $15,000.00 payable to Lester B. Whitton and A. B. Swank. o-o-o-o-o-o-o-o-o-o NO. 11953 ORDER FIXING SALARY FOR DISTRICT COURT REPORTER FOR 216th JUDICIAL DISTRICT On this 28th day of September 1973, upon motion made by Commissioner Bartel, seconded by Commissioner Stone, the Court unanimously approved that the salary of the District Court Reporter for the 216th Judicial District be fixed at $3640.68 per annum, effective September 1, 1973. o-o-o-o-o-o-o-o-o-o N0. 11954 ORDER APPROVING APPLICATION OF THOMAS W. POLLARD, COUNTY ATTORNEY, TO APPOINT JAMES C. NOGUES, ASSISTANT COUNTY ATTORNEY, EFFECTIVE OCTOBER 1, 1973 On this 28th day of September 1973, upon motion made by Commissioner Stone, seconded by Commissioner Bartel, the Court unanimously approved the application of Thomas W. Pollard, County Attorney, to appoint James C. Nogues, Assistant County Attorney, effective October 1, 1973, and that his compensation as Assistant County Attorney, be fixed at $300.00 per month, ,..~ the date of his qualification, the same being October 1, 1973, said salary payable out of Officers Salary Fund. o-o-o-o-o-o-o-o-o-o COURT ADJOURNED SEPTEMBER 28, 1973 at 11:30 o'clock A. M. o-o-o-o-o-o-o-o-o-o