ORDER NO. /~ /~ i 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 State Funds as made by the Texas Aeronautics Commission under date of June 11, 1974, 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 request to participate in the Fiscal Year 1974 Texas Airport Aid Frogram and does hereby acknowledge said instruments as constituting a solemn and binding agreement with the Texas Aeronautics Commission for the purposes of obtaining State 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 triplicate, 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 24th day of June, 1974. r~ ~ J A T'TESg`: ~ '~ t C r L j \ ~ ~. Eini ueixCce-r C'ourb'~~~~lerdk.~~:n~~ ExOfficio Clerk of tine Col7imis`s?i6ners' Court of Kerr Cot-at .ius R. Neunhoffer unty Judge, Kerr County Texz~s Texas nESOLUTION ACC&PTING GKANT OFFER AND APPROVING AND ENTERING INTO GRAA7T AGREEMENT AND AUTHORIZING COUNTY JUDGE TO EXECUTE SAME ]x .• EXHIBIT "A" TEXA5 AERONAUTICS COMMISSION GRANT AGREEMENT Part I -Offer Date of Offer: June 11, 1974 TI.C Froject No:?42-4-5081 TO: City of Kerrville, Texas and County of Kerr, Texas (Herein referred to as the "Sponsor") FROM: The State of Texas, acting through the Texas Aeronautics Commission (Herein referred to as the "Comm.ission") WHEREAS, the Sponsor has submitted to the Commission an a.ppl.ication for grant dated May 31.,`1974 for a project for development of. the _Louis Shri.ener Field Municipal Airport, together with piar.s and specifi- cations for such project which application for grant as approved by the Commis- sion is hereby ir_corporated and made a part of this grant by reference to have the same effect as though repeated herein; and WHEREAS, the Sponsor certifies that it has available in cash and in other acceptable form the resources for the u_^dertaking sad successful completion of this project; and WHEREAS, the Commissior. has approved a project for :ievelopment of the Airport (herein called the "Project") consisting of the fallowing described airport development: Install medium intensity lighting - and VASI-4 on runway 12/30. Your Copy TAC FORM 100 (Rev. 9-68) • Page 1 of 3 C ^• NO~'V 1'HEREF~ORE, pursuant t~~ ar.d for the purpose of carrying out the provisions of the Texas Aeronautics Commissior. Act as arnerded, and in consideration of (a) the Sponsor's adoptior. and ratification of the conditions comprising this Offer as hereinafter provided, and (b) the ber_efits to accrue to the State of Texas and the public from the accomplishment of the Project and the operation and mainten- ance of the Airport as herein provided, THE TEXAS AERONAUTICS COM1viIS- SION, FOR AND ON BEHALF OF THE STATE OF TEXAS, HEREBY OFFERS AND AGREES to pay, as the State of Texas' share of the allowable costs incurred in accomplishing the Project, 12.5 per certum of all allowable costa, or the maximum obligation of the State payable ruder this Offer, whichever is the lesser. This Offer is made on and subject to the following terms and conditions: 1. The maximum obligation of the State of Texas payable under this Offer shall be $7,000 , 2. The Sponsor shall: a, Begin construction. as stated in application for grant. Failure to do so would constitute just cause for termination of the obligations of the State of Texas hereunder by the Commission, unless the Sponsor, at a requested hearing, demonstrates the need for additional time. b. Carry out and complete the Project without undue delay and in accordance with '.he plans and specifications which are incorporated herein. The Commissior_ has the opticn to withhold the payment of any State funds unless the plans and specifications have been com- pleted and approved by the Commission. 3. T. he allowable costs of the Project shall :±ot inclc.;de any costs determined by the Commission to be ineligible for consideration as Lo allowability. 4. Payment. of the State of Texas° share of the allowable project costs will be made pursuant to and in accordance with the established pro- cedures approved by the State Comptroller and the Commission. Final determination as to the allowability of the costs of the project will be made at the time of the final grant payment. ' • 5, The Commissior. reserves the right to amend or withdraw tkis Offer at any time prior *_o its acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after iaauance unless extended in writing by Lhe Commission. 6. The Commission will not become a part of any contract or commitment which the Sponsor may enter into or assume in carrying out this Project. Progress payment from the grant will be paid to the Sponsor on monthly or other basis as development has been satisfactorily completed. The TAC FORM 100 (Rev 9-68) Paae 2 of 3 . t Sponsor in turn shall settle all project encumberances and financial obligations. 7. Final payment will rot be made until work has been completed, inspected and approved by the Commission. SPF,CIAL CONDITIOA'S: 8. 9. NONE 10. The Sponsor`s acceptance of this Offer and ratification and adoption of application for grant incorporated herein shall be evidence by execution of this instrument by the Sponsor, as hereinafter provided, and said Offer and Acceptance shall comprise a Grant Agreement, constituting the obligations anal rights of the State of Texas 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 rot to exceed twenty years from the date of said acceptance. STATE OF TEXAS Part I I -Acceptance ACCEPTANCE exas does hereby ratify and adopt The Commissioners' Court of Kerr County, covenants and agreements constituting all statements, representations, warranties, the described PeotesaidnOffer,nand by suchtacceptanceragaees to sll of the termsf and and does hereby acc p conditions thereof. 19 74. Executed this 24 day of June TEXAS KERR COUNTY, (Seal) Attest: ~ ~x,pfficio G,g~~ a~ Ores` court ~~~ssi .~ ~~~ BY: Julius R. Neunhoffer TITLE: Count Jud e Pa8° 3 of 3 TEXAS AERONAUTICS COMMISSION Sponsor in turn shall settle all project encutnberances and financial obligations. 7. Final payment will not be made until work has been completed, inspected and approved by the Gommission, SPF,CIAL CONDITIOiVB: 8. 9. NONE 10. The Sponsor's acceptance of this Offer and ratific:~tion and adoption of application for gran[ incorporated herein shall be evidence by execution of this instrument by the Sponsor, as hereinafter provided, and said Offer and Acceptance shall comprise a Grant Agreement, constituting the obligations anal rights of the State of Texas and the Sponsor with respect to the accomplishmen*. 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 wader the Project, but in any event rot to exceed twenty years from the date of said acceptance. STATE OF TEXAS Part I I - Acce~ The _ does hereby ratify and adopt all statements, representations, warranties, covenants and agreements cc nstituting the described Project and incorporated materials referred to in the forenoing Offer, and does hereby accept said Offer, and by such acceptance agrees to all of the terms and conditions thereof. Executed this day of (Seal) Attest• 19^ (Name of Sponsor) B y: Title • Title (Notary} ~ • Filed °;~Dap o~A.D., 19~z~ EMMIE M. MLJENKE Cle ounty o exas By eputy TAC FORM 100 (Rev: 9-b8) Paae 3 ~~ ~ TEXAS AERONAUTICS COMMISSIO`