ORDER NO. 12325 RESOLUTION ACCEPTING GRANT OFFER AND APPROVING AND ENTERING INTO GRANT AGREEMENT AND AUTHORIlI1VG COUNTY JUDGE TO EXECUTE SAME $E IT RESOLVED by the Cox~~missioners' Court of Kerr County, Texas: SECTION 1; That the Commissioners' Court of Kerr County, Texas, shall and does hereby accept a Grant Offer of federal fiords as made by the Chief, Houston Airports District Office, Federal Aviation Administration, transmitted by letter dated January 14, 1975, 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 ixs acceptance of same does hereby ratify the Planning Grant Application, and .Ines hereby acknowledge such instruments as constituting a solemn ant? binding agreement with the United States Government, for the purpose of obtaining Federal Aid in the development for planning purposes of information and guidance to determine the extent, type, and nature of development needed at the Kerrville Municipal Airport; and that the Grant Offer referred to hereinabove shall 6e as sot out in the instrurxxent entitled "1`~launing Grant t#yrcement", tlatetl January lA, 1975, a cop° of which 1s annexed as Exhibit "A" hereto and made a paxt hereof as if sat forth at length herein, SECTION 2: That the County Judge of Kerr County is hereby authorized and directed to a:v~dence the Gaunty's agreetx:c~rt by affixing his signature to such agreement, which is ktereby executed fn octuplicate, 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. SECTION 3: This resolution shall be effective immediately upon its passage and approval. PASSED AND APPROVED by a majority vote of the Con:missione~ "~ d Court of •-I4g,rr County, Texas, on this the ,~ r} day of January, 1975. ' Jtf lius R. Neunhoffer, Co r; Judge ATTEST;' F~j' ~ p Kerr County, Texas ~'Emmxe Tvl. Muenker, County Clerk. and Ex-Officio Clerk of the Commissioners' Court of Kerr County, Texas RESOLUTION ACCEPTING GRANT OFFER AND APPROVING AND ENTERING INTO GRANT AGREEMENT AND AUTHORIZING COUNTY JUDGE TO EXECUTE SAME 1-30-75 J~ .5'Sm'%- ~~~.-L ,1 RI?501,1~'I'I UN ACCI~:P'I'ING A CRAN'I' OI+PI?1L UI' '1'111? I~'P,I)PJ~ 1Rl:11 1'» ~lraets+3 to iC~! lollatii tas'ktlc >aaei2lty ts~lq,ts, •~aeal £~ repasts a3r'POect iatyact p~tan, salad ogre pLn, a IP~+ ~` g3ac~s, mc3~,wlules of $evetrrprant, and aasial 1nt#.$ raatriatit~a , all as more particularly described in [he Description of Work Program incorporated in the said Planning Application; FAA Form 5900-1 PG 1 (r-nl PAGE~OF ~ 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, and in consideration of (a) [he Sponsor's sdop[iou and ratification of the representations and assurances contained in said Planning 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 airport ~R1#CH! (master or system) planning included in the Planning Application, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share +~~~~~ percent of the allowable costs incurred in accomplishing the Planning Project, subject to the following terms and conditions: ] . The maximum obligation of the United States payable under this Offer shall be $ ~~• 2. The FAA, for and on behalf of the United States, may by written notice terminate or suspend this grant in whole or in part, or withhold payment, in the event that it Gnds that the Sponsor has: a. Failed to comply with Federal law or with any of the terms and conditions contained in this Planning Grant Agreement; b.. Failed to carry out the Planning Project as approved; c. Made unauthorized or improper use of grant funds; d. Submitted any application, report, or other document which cuntains a misrepresentation of a material nature or is incorrect or incomplete in any material respect; or, e. If for any reason continuation of [he approved Planning Project is rendered impossible, ineligible, or illegal. The Sponsor shall take such action relative to termination or suspension as may be required by the FAA in the notice of termination or suspension. In such case termination or suspension shall not affect any otherwise valid and allowable obligations made in good faith prior to receipt of notice of termination or suspension. 3. The Sponsor shall: Begin accomplishment of the Planning Project within days after acceptance of this Offer, with failure to do so constituting just cause for termination of the obligations of the United States here- under by the FAA; b. Carry out and complete the Planning Project without undue delay and in accordance with the terms hereof, the Airport and Airway Development Act of 1970, and Sections ~"~~ }'~~"~~'~ s*%F the Regulations of the Federal Aviation Administration ( ~ CFR_~-) in effect as of the date of acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations"; Carry out and complete all planning work in accordance with the Description of Work Program, incorpo- rated herein, or as it may be revised or modified with the approval of the FAA and in accordance with design standards and planning criteria established by the FAA; FAA Form 5900-1 PG 2 tram PAGE ~ OF N PAGES 4. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consid- eration as to allowability under Section •~~~ of the Regulations. 5. 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 Planning 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. All financial records pertaining to the Planning Project shall be made available to authorized representatives of the FAA and the Comptroller General of the United States in conformity to Section *+' of the Regulations. 9. The Sponsor will, at such times and iu such manner as the FAA may require, furnish FAA with periodic reports and statements pertaining to the Planning Project and planning work activities and other related matters covered hereunder. 10. Sponsors shall submit for FAA approval prior to their execution al] private party or public body contracts to do all or any part of the Planning Project. These contracts shall include applicable terms and conditions as specified by the FAA. 11. The FAA reserves the right to disapprove the Sponsor's employment of specific consultants and their subcc~r- tractors to do all or any part of the Planning Project and further reserves the right to disapprove the proposed scope and cost of the professional services. 12. The FAA reserves the right to disapprove the use of professional level employees of the Sponsor when such em- ployeesare designated by the Sponsor to do all or part of the Planning Project. 13. All published material such as reports, maps, and other documents preparod in connection with the Planning Project and planning work activities shall contain a standard notice that the material was prepared under an Airport IIMi'E~ir Planning Grant provided by FAA. The Sponsor shad make these documents available (Master or Svstem) for examination by the public. In addition, no material prepared in connection with the Planning Project and planning wmk activities shall be subject to copyright in [he United Stales or in any other country. The FAA shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or iu part, any reports, data, or other materials prepared with Airport Planning Grant funds. 14. The Sponsor agrees to conduct the Planning Project in compliance with all the requirements imposed by or pur- suant to Title VI of the Civil Rights Act of 1964 and by Part 21 of the Regulations of the Office of the Secretary of Transportation, as amended. FAA Form 59041 PG 3 (r-n~ PAGE=~ OF r!~PAGES I S- The Sponsor agrees that neither the approval of the Planning Applicathn nor the te.ader of tfris Offer nor the approval of the final airport t'~t.t:+~7C planning report constitutes zn assurance or commitment, (master or sysfem) express or implied, by the FAA, that any airport development or unit thereof shnwn in the ptanniag developed zs part of this Planning Application will be approved for inclusion in any pending or future Airport and Atrway development Program under the Airport and Airway Development Act of 1970. t6. 3'€~ywaaxlt ~sE t~xxitmd ~t~1~ e~sra ~a£ ~.!hm sllc~ule ~rrm~ts+Wt rc9~r.~ Trill prsr fiv ~xcd iu acca ~rir11 ttan prov3~idsa~ aE ~°ame i52 of z~a F+c~i. Aviw~:ims>, gulatior-0m. ~3ssat3, dr3LSx~itltaCiaet to ~te~ ~llaa~abill>ry of tS~s rec+gts of a gsxo~ect +x3:11 ~ .~f:xer ftusl wit. 17. I~ 8.~ ssn~mmrstc~E geld ~i .~ tEre Visor atsall c+ly vir& t.~sa ravisi a,i~fm3~sx~tt~ ra~eia~ is t~ ~ 3' 152, a~ yet forlk! in tt &;~ 31, i~7~, of ;.ate Ftm~l $~313.ete'r, 5fsslcr 39, 3In. lE#6. It i~ rt;Raer ~Pdet r~ S smell ccZy +~ith t. a+eralxcctu ra~aitrc+u ass ~R~ Ftrx~ 510f3-1t?3. 1~. l~ actd3:~idct t~ tte~ ~ sr~ltx+d csk :~alta~+ir~ ~auasd Ct32i~,T#c;tffie t C:37Ct ~i>add t rslmc teat mmd. 13. l is aF,reed ~ a Il ~aatal3~ias~ pobl3;~ tr;'f &~s retiet~ ~rLll r~ bseld follexoie asl~tiar ~r# ~i~yrt+a~fa~tC~3y^ g~aarc~az of ~ tstez 21x1 r tree f~res~l blic !>~sx mill ~,e tx~alt~ acft;.r c^:grlntriaar of firer ~c of ~fl~e f.iGan7. t. FAA Form 5900.1 PG 4 hart PAGE ~' OF ~ PAGES The Sponsor's acceptance of this Otter and ratification and adoption of (he Planning Application incorporated herein shall he evidenced by execution of this instrument by the Spnnsot, as hereinafter provided, and said Offer and Acceptance shall comprise an Airport ~'~` Planning (;rant Agreement, as provided by (Ma..--ter nr S~stemJ the Airport and Airway Development Act of 197Q constituting the ..bliga lions and rights of the United States and the Sponsor with respect to the accomplishment of the PlanningRuject.SuchAitpurl ~ r6L,a~l er or Sy ~r rn~l PLanning Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNT'I'ED STATES OF AMENICA FEDERAL AVIATION ,1DMINISTRATION - - _--_ (Ti tlr) ~s ~ A~7C~q~fblu H3~£t~lttr fA~ft~es PART II -ACCEPTANCE The-- C..Siy ~ r~#.1Z+«, 4 +~ o~ n~ ',cWwpe Ihetein referred to as the "Sponsor") does hereby ratify and adopt all statoments, representations, warranties, covenants. and agreements contained in the Airport rnaa.~ser ~r sys~~e,a/ Planning Grant Application and incorporated materials toCerred (u in the tirregoing Offer a_nd docshereby accept said O1 ter and by such acceptsnce agrees to all of the terms :old conditions thereof, ~~ ~s 8xecuted in its name by its undersigned officer on this ~ ~ day of -- ~^-~-~--~ , 19 ~i in ~~ ,County of '~" , State of ~"~+~ n 1SEAL~ Attes[ Title: (LEGAL NAME OF SPONSOR/C OSPONS R -, i BY ~--_e..~ ~ ~- ? (SIGN ATV RE OF AUTHORIZED OFFICER) E~K~YIQ4 (TITLE OF AUTHORIZED OFFICER) Executed in its name by its undersigned officer on this 3 0th day of Jarttary , 19 --, in Kerrville, ~ . ,County of- Y~lx9C , State of ~ " {SEAL} Attest~~(~/ ~ Lf_G„~~ i (LEGAL NAME 9F COSPONSOLpO BY / i (SIGNATURE OF AUTHORIZED OFFICKRf ' County Judge (TITLE OF AUTHORIZED OFFICER) Title:County Clerk and Ex-Officio Clerk of the Commissioners' Court, Kerr County, Texas FAA Form 5900-1 PG 5 tl-~l) r~.~~~ ccxr~ ~ ae~'s Hu~Nid st ~glitf fi dals 29th ~ of TanuarY 19115. --~ _; _ (~, Z-~.^ :cti..' J ~' C.li~ mo'w' .`-'~ Llftva Cit Attorne YFICdTIt C~ L'fl6Pt7pli£~'$ r 1~ 4~~ County Attorney t~A} A RESOLUTION ACCEPTYNG A G$AIiT OFFER OP 2HE FSDERAL AVIATION ADMYNISTRATIdN PERTAINING TO PLANHIi36 FOR PUTiTRH DBVgLt7PHENT dF THR KHRRVILLS HDNICIPAL AIRPORT, AUTHORIZING THE BRECUTIi)Yi OP TitE GRANT AGR1dEklRN'E O@I BENAI.P OF THE CITY OF KBRRVILLE AND THE COTBi2'7C OF KERB; AND PROVIDING Ati EFFECTiVS DATE. SE IT ttESOLVtiD 8Y THE CITY COUNCIL dF THE CITY OF KE$RVILLE, KERB CtR1NTY, TE][AS: 4 x ~. r 5~CTIO~i 1: TttAT the City of Kerrville, Texas shall and it doss hexebp accept a 6r~t dff®r of federal fcmda as made by eh: Chief, Houston Airperts District Offim, Federal Aviaeian Administration, tsanamittsd try letter dated Janaary li, 1975: for the purposes therein set out; that said City of Kerrville does hereby accept ell Che terms. coaditiona, and obli- gatitRts therein and thereby imposed sad bq its aceeptaace of same does hereby ratify the Planning GraaE Applfcetion, and does hereby arkaarledge each inatztssante as emetitutiag a aolama sad binding agreement trlth the i7aitsd States Goveramant, for the puxposa of obtaining federal aid in the deveiopmaat for planaiag purpoesa of infosastion and guidance to detersdame theextent, types and nature of devslopm~t needed at the Kerrville Muaicipal Ai>~osta and that such agt+eaaent shall be eat forth hareiabelcar. :~ :: ~' SBCTIOPt 2 ~ THAT the or of t~ Ci .~ ~_~_,~,,,`. Hey ty of Kerrville ie hereby a. r3>~d aaq~~ direcud to evidence acid City's agreement by affixing hie ~ osiatura id nch agretaaent, which is hereby sxatuted in octuplieate and w acaa~a to~be.~reaaed the official seal of the City of Kerrville tharnon. ^~ w ., ~, .-+ a ~E 3: THAT the Grant Offer referred to haraiaabove shall be as abet o t ice a attached cagry dated Januazp l4, 1979 and aatitled "Plan- " =~ni+e~ 6z~t Aq~ast", which is ineorpor7eted herein. '~ N ;~ SACTIdIi 8s TDI3 seeolntion shall be effective ianediatelq upon ~ itdcpasssge atgd approval. y rps0y :' PASSED thin 28th day of Sanuary A, D, 1975. APPROVED this 2Sth day og .Tanuary _` _, A.D. 1933. Attest: ~~x~ ~~- Hrs. Gsae Barton, City Clerk Citq of Kerrville, Tezaa i i ~ _ .. _.... ° 4 8dward H. Sehlietera Hagor City of Kerrville, Taxes FiLd/~ ~~ EPP,MIE lL ~ Cler unty urf, - sy .~ NNT GRANT AGRFsEM PLANNYNG RR~~'E ~ y,TsRR CITY OFCOUNT`I, TE1CP+$ XRggVILL$ M~ICIYAZ+ AZRP~~; 1! 30..15 J E'er O „f, ..~ _. /©` ~S t n ~i~ A~.~ . ~S