ORDER NO. 19498 ADOPTION OF RESOLUTION AUTHORIZING THE APPLICA"LION FOR STATE AND FEDERAL AIRPORT IMPROVEMENT FUNDS AND KERR COUNTY'S FINANCIAL PARTICIPATION IN SUCH IMPROVEMENTS On this the 3rd day of May 1990, upon motion made by Commissioner Ray, seconded by Judge Edwards, the Court unanimously approved the adoption of a resolution authorizing the application for State and Federal airport improvement funds and Kerr County's financial participation in such improvements for 541,460.00, with the concurrence of the Kerrville City Council. pUG 2 4 tgg' ~1 U.S. Department of Transportation Federal Aviation AdminisTraTion SouRiwest Region Arkansas. Low siana, New Mexico, Oklahoma. Texas Fort Worth, Texas 76193 0000 AU6 i 2 1990 The Honorable Leonard L. Holloway The Honorable Danny R. Edwards Mayor of Kerrville Judge of Kerr County 800 Junction Highway Kerr County Courthouse Kerrville, TX 78028 Kerrville, TX 78028 Dear Mayor Holloway and Judge Edwards: I am pleased to inform you, in response to your request for assistance under the Airport Improvement Program, as authorized by the Airport and Airway Safety and Capacity Expansion Act of 1987, that we have approved for Fiscal Year 1991 the following allocation for the Kerrville Municipal Airport. Federal Funds: $1,492,560 Project No.: 3-48-0121-04-91 Development: Extend Runway 12/30 and parallel taxiway; extend medium intensity runway lighting. This allocation may be used only for the development described above. If you have not already done so, please initiate action to select your consultant in accordance with 49 CFR, Part 18. Our Airports representative will contact you to provide any assistance you may need. We look forward to working with you and your staff toward the successful completion of this project. Sincerely, ~-L- l ~.-d' t John M. Dempsey Manager, Airports Division III BOARU OF AVIATION Charlm U. Nash, Austin, Chairman Ken Kelley, Amarillo, Vice Chairman Stephenie Rnherta, Tyleq Secretary Walter B. Baxteq Weslaco William M. (Bill Knowlm, Palestine Elton Ruat, Waring EXF.CUTIVF. UIRF.CTOR C.A. (Clay Wilkins P.O. Box 12607 410 East FiRh Street Austin, Texm 78711 (512 976-9262 ((512 479-0294 FAX Texas Department of Aviation June 7, 1990 Mr. Joseph Mennella Airport Manager 800 Junction Highway Kerrville, Texas 78028 Dear Mr. Menella: We are pleased to return to you the completed Airport Project Participation Agreement between the City of Kerville, County of Kerr, Texas and the Texas Department of Aviation. We are looking forward to working with you and your community. Please call us whenever we can be of assistance to you. Sincerely, skm ~~ TEXAS DEPARTMENT OE AVIATION AIRPORT PROJECT PARTICIPATION AGREEMENT (State and Federally Assisted Airport Development) TDA Project No.: 91/11-4-1 Part I - Identification of the Project T0: City of Kerrville/Kerr County FROM: The State of Texas, acting through the Texas Department of Aviation This Agreement is made and entered OF AVIATION (hereinafter referred to of the State of Texas, and the City referred to as the "Sponsor"). into by and between the TEXAS DEPARTMENT ss the "Department"), for and on behalf ~f Kerrville/Kerr County, (hereinafter WITNESSETH: WHEREAS, the Sponsor desires to sponsor a project for the development of a public aviation facility, known or to be designated as the AIRPORT under the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, Public Law No. 100-223, §§ 101 et. seq., 101 Stat. 1487 (1987), (hereinafter referred to as the "AIP"), and Rules, Regulations and Procedures promulgated pursuant thereto; and under the Texas Aeronautics Act, Tex. Rev. Civ. Stat. Ann. art. 46c-1 et seq. (Vernon Supp 1990), and the Municipal Airports Act, Tex. Rev. Civ. Stat. Ann. art. 46d-1 et seq. (Vernon 1969); and WHEREAS, the project is described as follows: at the Kerrville Municipal Airport (Louis Schreiner Field); extend runway 12-30 (1000'x 100'); extend MIRL (1000 l.f.); extend taxiway (1170'x 40'); and WHEREAS, the Sponsor intends to apply for state assistance in procuring state and federal funds and desires the Department to act as the Sponsor's agent in matters connected with the project described above; and WHEREAS, the parties hereto, by this Agreement, do hereby fix their respective responsibilities, with reference to each other, with reference to the accomplishment of said project and with reference to the United States. NOW, THEREFORE, for and in consideration of the benefits which will accrue to the parties hereto by virtue of the completion of the project, IT IS MUTUALLY COVENANTED AND AGREED as follows: TDA form 401 04/11/90 Page 1 of 11 pages Part II - Offer of Financial Assistance 1. The Department shall, in the name of the Sponsor, submit an application to the Federal Aviation Administration, (hereinafter referred to as the "FAA"), for federal assistance for the project described above. It is estimated that the total project cost will be approximately S 1,658,400 (Amount A). It is further estimated that approximately b 1,658,400 (Amount B) of the project costs will be eligible for federal financial assistance, and that federal financial assistance will be for ninety percent (90.OOgo) of the eligible project costs. Project costs eligible for state and federal financial assistance shall be determined by the Department and the FAA, respectively. The Department shall grant financial assistance to the Sponsor for the above project in an amount equal to fifty percent of the non-federal share of the project costs eligible for federal financial assistance and -0- percent of the project costs not eligible for federal financial assistance. The Department may in addition grant approximately 5 -0- (Amount C) for eligible project costs provided such amount shall be reimbursable to the Department from federal financial assistance to the project. 3. It is estimated that the Sponsor's share of the total project costs will be approximately S 82,920 (Amount D) and the Department's share of total project costs will be approximately 3 82,920 (Amount E). The Sponsor specifically agrees that it shall pay any project costs which exceed the sum of the Department's share (Amount E) and the federal share (90 percent of Amount B). It is further agreed that the Sponsor will reimburse the Department for any payment or payments made hereunder by the Department which are in excess of the Department's percentage of financial participation as heretofore stated in Paragraph II-2. The Department shall reimburse the Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor. Should actual project costs exceed the amount shown above (Amount A), the Department may, at the request of the Sponsor, participate in additional eligible costs up to 25 percent of Amount E, to the extent of the aforesaid appropriate percentages and subject to the availability of state funds. State participation in additional eligible costs greater than 25 percent of Amount E will require approval by the Board of Aviation. The Department will not authorize expenditures in excess of the dollar amounts identified in this Agreement and any amendments thereto, without the express written consent of the Sponsor. 5. Should estimated total project costs as determined following the receipt of bids for the project and prior to the submission of a final application for federal assistance, exceed the amount shown above (Amount A), the Sponsor may request the Department to void this Agreement, whereupon the Department shall agree to void this Agreement upon the satisfaction of the following conditions: TDA form 401 04/11/90 Page 2 of 11 pages the Sponsor's request to the Department to void the Agreement shall be in writing and dated; and if required by the Department, the Sponsor shall reimburse the Department for State funds expended on this project and Sponsor shall assume the responsibility for any future State expenses for contracted services or materials related to the project for which a contract had been executed prior to the Sponsor's request to void the Agreement. Sponsor funds held by the Department may be retained until this requirement is satisfied; and failure on the part of the Sponsor to comply with the conditions of this paragraph shall constitute a breach of this Agreement. Upon satisfaction of the conditions specified in Paragraph II-5 above, the Department shall declare this Agreement null and void, and this Agreement shall have no farce and effect, except that unexpended or unencumbered monies actually deposited by the Sponsor and held with the Department for project purposes shall be returned to the Sponsor. Sponsor's share of project costs may be in cash, in kind, or a combination of both, provided however, that the Sponsor's share (Amount D) shall be paid intially in cash if requested by the Department. At project closeout, Sponsor will be credited with both cash payments made under this paragraph and the value of in kind contributions, and reimbursed for any credited amounts that exceed Sponsor's share. The value of all in kind contributions made to the project of land, materials, equipment, labor or other assets, and claimed by the Sponsor as project costs for the purposes of determining the Sponsor's share of total project costs (Amount D), shall be determined according to federal rules, regulations, orders, procedures, advisory circulars or any other directives. Sponsor, by executing this Agreement certifies and, upon request, shall furnish proof to the Department that it has sufficient funds to meet its share of the costs as heretofore stated. The Sponsor hereby grants to the Department the right to audit any books and records of the Sponsor to verify said funds. In addition, the Sponsor shall disclose the source of all funds for the project and its ability to finance and operate the project. Upon execution of this Agreement and written demand by the Department, the Sponsor's financial obligation (Amount D) shall be due and payable in full in the form of a grant to the Department. Department may request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to pay said obligation, either in whole or in part, within 30 days of written demand, the Department may exercise its rights under Paragraph III-10 hereof. Expenditures for eligible project costs for the above project made by the Department or the Sponsor prior to the award of a Grant by the FAA for said project, and prior to actual receipt of the authority to expend federal Grant funds, shall be made equally from Department and Sponsor funds. TDA Form 401 04/11/90 Page 3 of 11 pages Should the Sponsor's share of expenditures identified in Paragraph II-8a exceed the Sponsor's total share (Amount D), expenditures may be made solely from Department funds up to the sum of the amount identified in Paragraphs II-2 and II-3 (Amount C plus Amount E). In accepting the Grant, the Sponsor guarantees that: a. it will, in the operation of the facility, comply with all applicable state and federal laws, rule, regulations, procedures, covenants and assurances required by the State of Texas or the FAA in connection with the AIP Grant; and b. the Airport or navigational facility which is the subject of this Agreement shall be controlled fora period of at least 20 years, and improvements made or acquired under this project shall be operated, repaired and maintained in a safe and serviceable manner for the useful life of said improvements, not to exceed 20 years; and consistent with safety and security requirements, it shall make the airport or air navigational facility available to all types, kinds and classes of aeronautical use without discrimination between such types; kinds and classes and shall provide adequate public access during the period of this Agreement; and it shall not grant or permit anyone to exercise an exclusive right for the conduct of 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, sale of aviation petroleum products and aerial applications. The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport lighting and navigational aids; and it shall not enter into any Agreement nor permit any aircraft to gain direct ground access to the sponsor's airport from private property adjacent to or in the immediate area of the airport. Further, Sponsor shall not allow aircraft direct ground access to private property. Sponsor shall be subject to this prohibition, commonly known as a "through-the-fence operation," unless an exception is granted in writing by the Department due to extreme circumstances; and f. it will acquire all land identified as needed for the purposes of this project and comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State of Texas or the FAA in connection with the AIP Grant in the acquisition of such land; and that airport land identified in the Sponsor's grant application for this project 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 Department; and TDA form 401 04/11/90 Page 4 of 11 pages if requested by the Department, the Sponsor shall submit to the Department annual statements of airport revenues and expenses; and all fees collected for the use of an airport constructed, in whole or part, with funds provided 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. Sponsor shall not be required to pledge income received from the mineral estate to airport use unless state funds were used to acquire the mineral estate of airport lands or any interest therein; and an Airport Fund shall be established by resolution, order or ordinance in the treasury of the Sponsor. Evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund shall be submitted to the Department. All fees, charges, rents, and money from any source derived from airport operations must be deposited in said Airport Fund and shall not be diverted to the general revenue fund or any other special revenue fund of the Sponsor. All expenditures from the Airport Fund shall be solely for airport purposes. Sponsor shall be ineligible fora subsequent grant or loan by the Department unless, prior to such subsequent approval of a grant or loan, Sponsor has complied with the requirements of this subparagraph; and all airport-related development constructed with state funds shall be consistent with the Airport Layout Plan approved by the Department and maintained by the Sponsor. A reproducible copy of such plan, and all subsequent modifications thereto, shall be filed with the Department for approval; and where airport lighting is part of a project, Sponsor shall daily operate such lighting from sunset to sunrise, either manually or by radio control following completion of the project; and insofar as it is reasonable and within its power, Sponsor shall adopt and enforce comprehensive zoning regulations to restrict use of land adjacent to or in the immediate vicinity of the airport to activities compatible with normal airport operations as provided in Tex. Loc. Gov't. Code Ann. §§ 241.001 et seq. (Vernon 1988). Sponsor shall also acquire and retain avigation easements or other interests in or rights to use of land or airspace, unless sponsor can show that acquisition and retention of such interest will be impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible for a subsequent grant or loan by the Department unless Sponsor has, prior to such subsequent approval df a grant or loan, adopted and passed an airport hazard zoning ordinance or order approved by the Department; and m. it will provide to the Department, the engineering or planning consultant, and the FAA copies of any maps, plans, or reports of the project site, applicable to or affecting the above project; and TDA Form 401 04/11/90 Page 5 of 11 pages n. it will permit the Department, the FAA, and any consultants and contractors associated with this project, access to the project site, and will obtain permission for the Department, the FAA, and consultants and contractors associated with this project, to enter private property for purposes related to this project. 10. The Sponsor hereby certifies to the Department that it will have acquired clear title in fee simple to all real estate upon which construction work is to be performed, or have acquired a leasehold on such property for a term of not less than 20 years, prior to the Department's advertisement for bids for such construction or procurement of facilities that are part of the above project, and within the timeframe of the project, a sufficient interest (easement or otherwise) in any other real estate which may be affected by the project. 11. The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and said Agreement shall comprise a contract, constituting 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 Agreement shall become effective upon the Department's execution of this instrument and shall remain in full force and effect for a period of at least 20 years. Part III - Nomination of the Agent The Sponsor hereby designates the Department as the party to apply for, receive and disburse all federal, state and Sponsor funds used, or to be used, in payment of the costs of said project, or in reimbursement to either of the parties hereto for costs incurred. Sponsor agrees to authorize the Department to apply for federal financial assistance and agrees to accept such assistance if offered. In the event that the FAA, acting for the United States, shall refuse or fail to extend a Grant Offer on this project by the close of federal fiscal year 1992, this Agreement shall automatically be voided and become of no force and effect, except that unexpended or unencumbered monies actually deposited by the Sponsor and held with the Department for project purposes shall be returned to the Sponsor. The Sponsor and not the Department shall, for all purposes, be the "Sponsor" of the project identified above as defined in Section 503(22) of the AIP. However, the Department agrees to assume the responsibility to assure that all aspects of the grant and project are done in compliance with all applicable state and federal requirements including any statutes, rules, regulations, assurances, procedures or any other directives, except as otherwise specifically provided herein. Sponsor agrees to assume responsibility for operation of the facility in compliance with all applicable state and federal TDA form 401 04/11/90 Page 6 of 11 pages requirements including any statutes, rules, regulations, assurances, procedures or any other directives before, during and after the completion of this project. The Department shall, for all purposes in connection with the project identified above, be the Agent of the Sponsor. The Sponsor herewith grants the Department a power of attorney to act as its agent to perform the following services: apply for, accept, receive, and deposit with the Department any and all project funds granted, allowed, and paid or made available by the (1) United States under the AIP and congressional appropriation made pursuant thereto, (2) the Sponsor, and (3) the State of Texas; advertise for professional engineering and planning services for, but not limited to, the preparation of planning studies, applications, plans and specifications for the above project and for the management of the construction of the above project; participate in the selection of the consultant to provide such professional services; and award contracts for such professional services; advertise for, receive and open bids for the construction of the above project; and award contracts for the construction of the above project and the acquisition of materials related to it; d. participate in pre-bid and pre-construction conferences; and issue orders as it deems appropriate regarding construction progress, including but not limited to Notices to Proceed, Stop Work Orders, and Change Orders; exercise such supervision and direction of the project work as the Department reasonably finds appropriate. Where there is an irreconcilable conflict or difference of opinion, judgment, order or direction between the Department and the Sponsor, any engineer, contractor, or materialman, the Department shall issue a written order which shall prevail and be controlling; f. receive, review, approve and pay invoices and payment requests for services and materials supplied in accordance with Department approved contracts; g. coordinate FAA review of project plans, specifications and construction; coordinate and conduct progress and final inspections in conjunction with the FAA; h. review, approve and submit record drawings to the FAA; i, obtain an audit as required by federal regulations; and procure and forward to the FAA such specific project documentation as is necessary to complete all aspects of this project; j. pay to the Sponsor, from federal and state project funds, the portion of any reasonable and eligible project costs incurred TDA Form 401 04/11/90 Page 7 of 11 pages by the Sponsor that are in excess of the Sponsor's share. This provision shall apply to land acquired for airport purposes only upon proof that clear title to said land is vested in the Sponsor. 5. Notwithstanding the provision of Paragraph III-4 above, the Sponsor shall be the signatory party, in its own name, stead, right and behalf, to the Pre-application and Application for Federal Assistance made or to be made to the FAA, to the Acceptance of such Grant Offer as shall be tendered by the United States, through the FAA, and to any and all Amendments to such Grant Agreement. The Department shall submit this Agreement to the FAA along with the Application for Federal Assistance. 6. The Sponsor, and not the Department or the United States, shall be the contractual party to all construction and professional service contracts entered into for the accomplishment of this project. The Department is hereby specifically granted power of attorney to execute on behalf of the Sponsor any and all construction and professional service contracts related to this project. 7. Upon entering into this Agreement, Sponsor hereby agrees to name an individual who shall be the Department's contact with regard to this project, and which individual shall have the authority to make approvals and disapprovals as required on behalf of the Sponsor. 8. Within 30 days of entering into this Agreement, Sponsor hereby agrees to name at least three individuals to represent the Sponsor in the selection of engineering and planning consultants; and to provide a suitable location for pre-bid and for pre-construction conferences, and for the submission and opening of construction bids. 9. This Agreement is executed for the sole benefit of the contracting parties and is not intended or executed for the direct or incidental benefit of any third party. Furthermore, the Department shall not be a party to any other contract or commitment which the Sponsor may enter into or assume, or have entered into or have assumed, in regard to the above project. 10. This Agreement is subject to the applicable provisions of the Texas Aeronautics Act, Tex. Rev. Civ. Stat. Ann., art. 46c-1 et seq. (Vernon Supp. 1990), the Municipal Airports Act, Tex. Rev. Civ. Stat. Ann. art. 46d-1, et seq., (Vernon 1969), and the Airport Zoning Act, Tex. Loc. Gov't. Code Ann. g§ 241.001 et seq. (Vernon 1988). Failure to comply with the terms of this Agreement or with the aforementioned rules and statutes shall be considered a breach of this contract and will allow the Department to pursue the remedies for breach as stated below. a. Of primary importance to the Department is compliance with the terms and conditions of this Agreement. If, however, after all reasonable attempts to require compliance have failed, the Department finds that Sponsor is unwilling and/or unable to comply with any of the terms and conditions of this Agreement, the Department, within its discretion, may pursue any of the TDA Form 401 04/11/90 Page 8 of 11 pages following remedies: (1) require a refund of any state money expended pursuant to the Agreement herein, (2) deny Sponsor's future requests for state aid, (3) request the Attorney General to bring suit seeking reimbursement of any state money expended on the project pursuant to the Agreement herein, provided however, these remedies shall not limit the Department's authority to enforce its rules, regulations or orders as otherwise provided by law, (4) declare this Agreement null and void, or (5) any other remedy available at law or in equity. Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Agreement, or for enforcement of any of the provisions of this Agreement, is specifically set by Agreement of the parties hereto in Travis County, Texas. 11. The Department reserves the right to amend or withdraw this Agreement at any time prior to acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after issuance unless extended in writing by the Department. 12. This Agreement constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing and executed by both parties. 13. All commitments by the Sponsor and the Department hereunder are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the Department (including §§ 5 and 7 of article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied. 14. Nothing in this Agreement shall be construed to relieve the requirements set forth in the Federal Grant Agreement for federal financial assistance for this project, which Agreement is full and binding in its own behalf. 15. This contract is subject to the approval as to form by the Attorney General of the State of Texas. 16. Special Conditions. None. TDA form 401 04/11/90 Page 9 of 11 pages STATE OF TEXAS TEXAS /D~EP~TMENT OF AVIATION B -t7J ~ , Y~ C.A. Wilkins Executiv Dir c or Date:_~ PART IV - ACCEPTANCE The City of Kerrville and the County of Kerr do hereby ratify and adopt all statements, representations, warranties, covenants and agreements constituting the described project and incorporated materials referred to in the foregoing Agreement, and do hereby accept the Offer, and by such acceptance agrees to all of the terms and conditions of the Agreement thereof. Executed this (Seal) ll ~n day of ~ ~ , For the County of ATTEST: TITLE: Kerr County Clerk 1990. T e C. Huston TITLE: Deputy Executed this ~_ day of _Mav 1990, For the City of Kerrville (Seal) ATTEST: ~,D_ ~ 'ij Sheila L. Brand ' TITLE: City Clerk (~O-CiC tin. yi Mayor By: Leonard L. Holloway TITLE: Mayor 7DA Form 401 04/11/90 (Modified) Pa4e 10 of 11 panes Part V - Certificate of Attorney I, V~~ S. ~{,yoP[~~eri~ acting as attorney for C~ of err ~ Texas, do hereby certify that I have fully examine the foregoing Agreement and the proceedings taken by said Sponsor relating thereto, and find that the manner of acceptance and execution thereof, of the said Agreement by said Sponsor, is in accordance with the laws of the State of Texas. Dated at l~~erru~l~~ Texas, this /o"~'' day of /'Y~a.~f 19 °!v . ~- (Seal) Attest: .~( Title: Deputy Cit Cler By:~~~(-c.~n cQ,~-t- Title: ~ Part IV - Attorney General's Approval This contract is approved as to form. Attorney General of Texas by Assi tant Attorney General - ,~ o - °1 v TDA form 401 04/11/90 Page 11 of 11 pages ORDER NO. 19498 RESOLUTION AUTHORIZING THE APPLICATION FOR STATE AND FEDERAL AIRPORT IMPROVEMENT FUNDS AND THE KERR COUNTY FINANCIAL PARTICIPATION IN SUCH IMPROVEMENTS WHEREAS. The CITY OF KERRVILLE and KERR COUNTY intend to make the following improvements to the KERRVILLE MUNICIPAL AIRPORT (LOUIS SCHREINER FIELD): Extend runway 12J30 (1000' X 100'); extend MIRL (1000 l.f.); extend taxiway (1170' X 40') and WHEREAS. The CITY OF KERRVILLE/KERR COUNTY also intend to request financial assistance from the Federal Aviation Administration and from the Texas Department of Aviation for these improvements; and WHEREAS. The estimated cost of these improvements is $1,658,400 of which KERR COUNTY's share is estimated to be $41,460 and which share shall be payable within 30 days of the execution of an intergovernmental agreement between CITY OF KERRVILLE/KERR COUNTY and the Texas Department of Aviation; and WHEREAS. The CITY OF KERRVILLE/KERR COUNTY intend to name the Texas Department of Aviation as its agent for the purposes of applying for, receiving and disbursing all funds for these improvements and for the administration of contracts necessary for the implementation of these improvements; NOWTHEREFOREBEITRESOLVED. That KERR COUNTY hereby directs and authorizes LEONARD HOLLOWAY to execute on behalf of CITY OF KERRVILLE/KERR COUNTY all Page 1 of 2 Pages contracts, agreements and authorizations with the United States of America, represented by the Federal Aviation Administration, the State of Texas, represented by the Texas Department of Aviation, and such other parties as shall be necessary and appropriate for the implementation of the improvements described above... I hereby certify that this RESOLUTION was adopted by the COUNTY COMMISSIONERS OF KERB COUNTY on rrav 3, 19 90 By: Title: Countv Judge Attest: Patricia PATRICIA DYE Title: TaiB[ti C. Huston, Deputy Page 2 of 2 Pages RECOMrIENDATI ONS 1) That the Airport Sponsors, City of Kerrville and County of Kerr, enter into the "Airport Project Participation Agreement" with the Texas Department of Aviation to promote the development of Louis Schreiner Field as outlined in the agreement. 2) That th ponsor bligate the funds ($82,920) in cash, if the Texas Department of Aviation so requests, to pay the sponsors share (5%) of said improvement projects. 3) That the Joint City County Airport Budget items 8507 Street Improvements $35,000 and item 8514 Drainage Improvements ~~'/'~~~' ~J d~iJ $10,000, plus an additional amount o 18,960 rom each sponsor ~ ~ "6 J 1 ~ be made available for the runway extension project if required. `~o ~> - - - -- ~~ ~ ,~ , 4) That all certifications as outlined in the agreement be administered and submitted by the City of Kerrville staff as required. 5) That those persons occupying the following positions be `~ 1 designated as the Consultant Selection Committee; a) City Cat! i~ .~ ~ ?~ Manager, b) City/County Ex-Officio Board Members, c) Joint City/County Airport Board Members, d) M E/DBE Staff Coordinator, ~'~; '_g` t9' e),.Public Works Director, f) City Engineer, g) Airport Manager, 1 h)~r~ecording secretary. 6) That the Airport Manager be designated as the Sponsors authorized representative. ~p~~p.~' ~~^~"+t-' ' ~1K~- wl 7`DFl~ (~ U `'t~.-`~ ~/~'~ ,~ p`•"`-pan C%~`'' w~' v~ -/~ 0 ~~~- _. ~~.~~ ~"" n/~ ~~ ,(%yi~-u-,C,C.¢~/, P-cry-~w~r/ Gear ~`~`~ (Name) (Title) do hereby certify that sufficient funds to meet the Sponsor's share of project costs for TDA Project Number as identified in the Airport Project Participation Agreement for said project will be available in accordance with the schedule shown below: Sponsor Funds Source Amount Date Available In witness whereof, the City or County has caused this to be duly executed in its name, this day of 19_. CityjCounty By: Title: TDA Form 410 04/12/90 CERTIFICATION OF AIRPORT FUND I, ' (Name) (Title) do hereby certify that the Airport Fund has been established by , and that all (Sponsor) fees, charges, rents, and money from any source derived from airport operations will be deposited in the Airnnrt Fiend and will not be diverted to the general revenue fund or any other CERTIFICATION OF AIRPORT FUND I, , (Name) (Title) do hereby certify that the Airport Fund has been established by and that all (Sponsor) fees, charges, rents, and money from any source derived from airport operations will be deposited in the Airport Fund and will not be diverted to the general revenue fund or any other special fund of the , (Sponsor) and that all expenditures from the Fund will be solely for airport purposes. Dated at Texas, this day of 19 (Seal) Attest: Title: By: Title: TDA Form 411 04/12/90 DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE I, , (Name) {Title) hereby designate as the (Name) Sponsor's authorized representative for TDA Project Number who shall have the authority to make approvals and disapprovals as required on behalf of the Sponsor. In witness whereof, the City or County has caused this to be duly executed in its name, this day of 19~. (City/County) By: Title: TDA form 408 04/12j90 DESIGNATION OF SPONSOR'S CONSULTANT SELECTION COMMITTEE I, , (Name) (Title) hereby designate the following named individuals as the Consultant Selection Committee for (Sponsor) TDA Project Number In witness whereof, the City or County has caused this to be duly executed in its name, this day of 19_. City/County By: Title: TDA Form 409 04/12J90 C'OMMISSIONERS' COURTA6ENDAREQUEST • Pi FACE FURNISH ONE ORIGINAL AND SEVEN COPIES OF THIS REOUESTAND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Danny Edwards MEETING DATE: May 3, 1990 OFFICE: County Judge TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC): Consideration of Airport Projects Participation Agreement. ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: County Jude Time for submitting this request for Court to assure that the matter Is posted In accordance with Article 6252- 17 1s as follows: • Meetings held on second Monday: 12:00 P. M. previous Wednesday • Meetings held on Thursdays: 5:00 P. M. previous Thursday. if preferable, Agenda Requests may be made on office stationery with the above Information attached. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 4-27-90 All Agenda Requests well be screened by the County Judge's Office to determine If adequate information has been prepared for [he Court's formal consideration and action at time of Court meetings. Your cooperation well be appreciated and contribute towards your request being addressed at the earliest opportunity. i ORDER ~' 19498 I~ A~IORIZIP~ ~pTION OF RE~~ STA`1'E ~ ~2 ,~ APPLICATION FOR FADS At`ro I~ j19 ~ ~RO~,~ ~ p~ICIP COtJ13~~ S P g[1CH TN~~~~ N~aY 3 r 1994 ~_ vQl, Rr P9~ 819