Texas ~4eranaa~tics Cc~mmissiŽn ~~~: ~~ P.O. Box 1 2607, Capitol Station, 410 East 5th St. Aus[in, Texas 78711 (512) 475768 ~_ i 3~~6 ~~~ The Honorable Manly W. Cooper, Jr Mayor, City of Kerrville 600 Main Street Kerrville, Texas 78028 Jai~.~~ary 8, 1979 The Honorable Julius R. Neunhoffer Count, Judge, Kerr County Kerr County Courthouse Kerrville, Texas 78028 Re: Louis Schreiner Field Gentlemen: We are attaching an original and one copy of a Grant Offer in the amount of $33,000. The copy can be retained for your files. i.f the State of Texas' share, as stated in the offer, and all other items thereof are satisfactory, the offer should be accepted and executed by the official duly designated to take such action by the City/t:uunty. After execution on the part of the City/County, the original Grant Agreement should be returned to the Texas Aeronautics Commission. It will be necessary that the City/County Attorney endorse the Sponsor's acceptance of the grant of funds to assure that it has been accepted in accordance with local laws. The enclosed offer should be accepted or rejected within the time limit stated in the offer. Sincerely yours, ~~ Charles Murphy Director CM:lb Enclosure: Grant Offer cc: FAA Regional Office cc: FAA District Office ec: Bovay Engineers David Witts, Chairman; C_'P. Matthew, Vice-Chairman; Lack McCreary, Secretary Lames D. Abrams; Lucien Flournoy; Gerald C. Puckett Charles A. Murphy, Executive Director AN EQUAL OPPORTUNI'LY EMPLOYER TEXAS AERONAUTICS COMMISSION GRANT AGREF..MENT Part I - Offer Date of Offer: January 8, 1979 TAC Project No: 793-24 City of Kerrville T0: County of Kerr (Herein referred to as the "Sponsor") FROM: The State of Texas, acting tY~rough the Texas Aeronautics Commission (Herein referred to as the "Commission") WHEREAS, the Sponsor has submitted to the Commission an application for grant dated January 4, 1979 for a project for development Of the Louis Schreiner Field MuniciPa 1 rpOrt, together with pl an5 dnd specifications for such project which application for grant as approved by the Commission is hereby incorporated and made a part of this grant by reference so as to have the same effect as though repeated herein; and WHEREAS, the Spons~~r certifies that it has available in cash and/or in other acceptable form the resources for the undertaking and suc- cessful completion of this project; and WHEREAS, the Commission has approved a project for development of the Airport (herein called the "project") consisting of the following described airport development: Construct general aviation apron, taxiway and drainage YOUR COPY TAC FORM 400-6 (Rev. 11/76) Page 1 of 6 fJOW THEREFORE, pursuant to and for the our-pose of carrying out the provisions of the Texas Aeron,rutics Commission Act as amended, and in consideration of (a) the Sponsor's adoption and ratification of the conditions comprising this Offer as hereinafter provided, and (b) the benefits to accrue to the State of Texas and the public from the ac- complishment of the project and the operation and maintenance of the Airport as herein provided, THE TEXAS AERONAUTICS COMMISSION, FOR AND 0~1 BEHALF OF TfiE STATE OF TEXAS, HEREBY OFFERS AND AGREES to pay, as the State o1' Texas' share of the allowable costs incurred in accom- plishing the project, 50_ per centum cf all allowable costs, or the maximum obligation of the State payable under this Offer, whichever is the lesser. This Offer is made on and subject to the following terms and conditions: 1. The period of this agreement shall be twenty (^0) years from the date of Sponsor's acceptance. 2. The maximum obligation of the State of Texas payable under this Offer shall be 533,000 3. The Sponsor shall: a. Begin construction Failure to do so w termination of the Texas hereunder by Sponsor's request, time in writing. on or before Marcb 1, 1979 _ ili constitute just cause for obligations of the State of the Commission, unless at the the Commission grants additional b. Carry out and complete the project without undue delay and in accordance with the plans and specifi- cations which are incorporated herein. The Commission has the option to withhold the payment of any State funds unless the plans and specifications have been completed and approved by the Commission. c. Make every reasonable attempt to complete the project on or before September 1, 1979 _ 4. The allowable costs of the project sli~~ll not include any costs determined by the Commission to be ineligible for consideration as to allowability. 5. Grant payments to the Sponsor may be authorized upon appli- cation to the agency. Payments of the State of Texas' sYrare of the allowable project costs will b~ made in proportion to the amount of the project satisfactorily completed at the time of the payment application. No more than ninety (90) percent of the total grant will ~e paid prior to the completion of the project. The remaining ten (10) percent will be paid only after the staff has inspected and approved the completed project. TAC FORM 400-6 (Rev. 11/76) Page 2 of 6 6. The airport or navigational facility shall remainiunder Sponsor's control during the period of this agreement. 7. The airport or navigational facility shall be maintained by Sponsor in a safe and serviceable condition during the period of this agreement. 8. Consistent with safety and security requirements, Sponsor sha]] make the airport or air navigational facility available to all users and shall proti~de adeq~rate public access during the i,eriod of this agreement. 9. Sponsor shall not grant or permit anyone to exercise an exclusive right for the conduct of any aeronautical activity on or about an airport landing area. Aeronautical activities include, but are not limited to, scheduled airline flights; charter flights; flight instruction; aircraft sales, rental and repair; and aerial application. The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport sighting, and navigational aids. 10. Land identified in Sponsor's grant application and attorney's certificate of title shall be pledged to airport use and shall not be removed from such use without prior written approval of the Commis•.ion. 11. Sponsor, if requested by the agency, shall submit to the agency annual statements of airport or air navigational facility revenues and expenses. 12. All fees collected for use of an airport or navigational facility constructed with funds granted under the program shall be reasonable and nondiscriminatory. The proceeds of such fees shall be used solely for the development, operation and maintenance of the airport or navigational facility. 13. All development of an air funds shall be consistent approved by the staff and reproducible copy of such ifications thereto, shall approval by the staff. port constructed with program with the airport layout plan maintained by Sponsor. A plan, and a]l subsequent mod- be filed with the agency for 14. When airport lighting is part of a project, Sponsor shall operate such lighting from sunset to sunrise following completion of the project. 15. Insofar as reasonable and within its power, Sponsor shall, either by acquisition and retention of easements or other interests in or rights to the use of land or airspace, or by the adoption and enforcement of zoning regulations, take action to restrict the use of land adjacent to or in immediate vicinity of the airport to activities compatible with normal airport operations. 7AC FORM 400-6 (Rev. 11/76) Page 3 of 6 16. The agency shall not be a party to any contract or com- mitment which Sponsor may enter into or assume in carrying out the project. 17. The Commission reserves the right to amend or withdraw this Offer at any time prior to acceptance by Sponsor. The acceptance period cannot be greater than 60 days after issuance unless extended in writing by the Commission. SPECIAL CONDITIONS: 18. No final payment will be made until height restriction zoning has been enacted. BREACH Of primary importance to the Commission is compliance with the terms and conditions of this agreement. If, however, after all reasonable attempts to require compliance have failed, the Commission finds that Sponsor is unwilling and/or unable to comply with any of the terms and conditions of this agreement,or the application incorporated herein, the Commission may, in its discretion, (1) require a pro rata refund of money granted herein, depending upon the time of breach, (2) deny Sponsor's future requests for state aid, or (3) advise the Attorney General to bring suit seeking reimbursement of amount paid to Sponsor by the State, pursuant to the Grant Agreement. The Sponsor's acceptance of this Offer and ratification and adoption of application for grant 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, con- stituting the obligations and 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 shat 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 (20) years from the date of said acceptance. TAC FORM 400-6 (Rev. 11/76) Page 4 of 6 STATE OF TEXAS TEXAS AERONAUTICS COMMISSION Charles Murphy, Direcf.6~~ Part II - Acceptance The ~tY of x~rrviTle does hereby ratify and adopt all state- ments, representations, warranties, covenants and agreements con- stituting the described project and incorporated materials referred to in the foregoing Offer, and does hereby accept the Offer, and by such acceptance agrees to all of the terms and conditions thereof. Executed this day of 19 (Seal) _~it~gj _Kerroille Texas __. (Sponsor Attest: Title: 8y Title: TAC FORM 400-6 (Rev. 11/76) Page 5 of 6 PART II - ACCEPTANCE CONTINUED The County of Kerr does hereby ratify and adopt all statements, representations, warranties, covenants and agrer~ments constituting the described project and incorporated materials referred to in the foregoing offer, and does hereby accept the Offer, and by such acceptance agrees to all of the terms and conditions thereof. Executed this ~ day of Attest: Title: I, fully examined taken by said of acceptance said Sponsor, Dated at 19 (Seal) Attest: By Ti acting as attorney for Texas, do hereby certify that I have the foregoing Grant Amendment and the proceedings Sponsor relating thereto, and find that the manner and execution thereof, of the said Grant Amendment by is in accordance with the laws of the State of Texas. 19~. i ;~ Texas, this day of By: Title: Title: Kerr County, Texas (Sponsor) Part III - Certificate of Attorney I, acting as attorney for _, Texas, do hereby certify that I have fully examined the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the manner of acceptance and execution thereuf, of the said Grant Agreement by said Sponsor, is in accordance with the la~,vs of the State of Texas. Dated at 19 (Seal) Attest: Title: Texas, this day of By Title: TAC FORM 400-6 (Rev. 11/76) Page 6 of 6 ~~ i ~ ~y