CC Resolution No. 577 897
RESOLUTION NO. 577
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS , ACCEPTING A GRANT OFFER OF FEDERAL FUNDS FOR THE
DEVELOPMENT OF AN AIRPORT MASTER PLAN AND AUTHORIZING
AND DIRECTING THE MAYOR OF THE CITY OF BAYTOWN TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT
FOR SUCH PURPOSE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS :
Section 1 : That the City Council of the City of Baytown ,
Texas, shall and it does hereby accept a Grant Offer of
Federal Funds as made by the Chief , Houston Airports District
Office, Federal Aviation Administration , under date of April
18, 1977, for the purposes therein set out ; that said City
Council does hereby accept all the terms , conditions , and
obligations therein and thereby imposed and by its acceptance
of same does hereby ratify the Application for Federal
Assistance of February 9, 1977 , and does hereby acknowledge
said instruments as constituting a solemn and binding agreement
with the United States Government , for the purposes of
obtaining Federal Aid for the development of an airport
master plan for the City of Baytown. A copy of such agree-
ment is attached hereto, marked Exhibit "A, " and made a part
hereof for all intents and purposes.
Section 2 : That the Mayor and City Clerk of the City
of Baytown are authorized and directed to execute and
attest to the contract for the development of an airport
master plan .
Section 3 : That this ordinance shall take effect from
and after its passage by the City Council of the City of
Baytown.
898
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown this 12 day
of May 1977 .
TOM GENTRY, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
NEEL rCHARDSON, City Attorney
-2-
899
E X H I B I T "A"
900
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION PAGE 1 6
OF PAGES
PLANNING GRANT AGREEMENT
PART 1 — OFFER
DATE OF OFFER April 18, 1977
TYPE OF PLANNING GRANT:
AIRPORT MASTER PLANNING FOR PROJECT NO.
A 48 0267 01 °
New Municipal Airport DOT-FA 77 SW 8294
_Baytown Texas CONTRACT NO.
UAIRPORT SYSTEM PLANNING FOR
TO: City of Baytown
(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,an Airport Master Planning Grant Application
(Master or System)
dated,February 9 1977 (herein called the "Planning Application"),for a grant cf fends
fora project for the development for planning purposes of information and guidance to determine the extent, type, and
nature of development needed for " New Municipal Airport Baytown Texas
(airport area name and/or location)
(herein called the airport ),which Planning Application as
(airport or area)
approved by the FAA is hereby incorporated herein and made a part hereof;and WHEREAS,the FAA has approved a project
for the development of plans for the airport (herein called the "Planning Project")consisting
(airport or area)
of the following approved airport master planning:
(master or system)
Develop a master plan for a new airport. The master plan will
include all phases including site selection. Primary emphasis
will be directed to the following tasks: facility requirements,
airport layout plans, land use plan, terminal area plan, financial
plans, schedules of development, and aerial height restriction map.
all as more particularly described in the Description of Work Program incorporated in the said Planning Application;
FAA Form 5900-1 PG 1 (1-71)
901
PAGE 2 OF b 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) the Sponsor's adoption and ratification of the representations and
assurances contained in said Planning Application, and its acceptance of this Offer, as hereinafter rovi ed, and (b) the
benefits to accrue to the United States and the public from the accomplishment of the airport maRter
(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 90
percent of the allowable costs incurred in accomplishing the Planning Project,subject to the following terms and conditions:
1. The maximum obligation of the United States payable under this Offer shall be S 45,000 s
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 finds 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 contains a misrepresentation of a material
nature or is incorrect or incomplete in any material respect;or,
e. If for any reason continuation of the 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:
a. Begin accomplishment of the Planning Project within 30 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 152.121-152.143of the
Regulations of the Federal Aviation Administration ( 14 CFR 152 ) in effect as of the date of
acceptance of this Offer;which Regulations are hereinafter referred to as the"Regulations";
C. 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 (1-71)
902
i1 PAGE 3 OF 6 PAGES
4. The allowable costs of the project shall not
i2nchde any costs determined by the FAA to be ineligible for consid-
eration as to allowability under Section of the Regulations.
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6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor.
a
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 May 18, 1977
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 Section1.52.143 of the Regulations.
9. The Sponsor will, at such times and in 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 all 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 subco,f-
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 e,T,-
ployees are designated by the Sponsor to do all or part of the Planning Project.
13. All published material such as reports, maps, and other documents prepared in connection with the Planning
Project and planning work activities shall contain a standard notice that the material was prepared under an Airport
Master Planning Grant provided by FAA.The Sponsor shall snake these documents available
(bfaster or System)
for examination by the public.
In addition, no material prepared in connection with the Planning Project and planning work activities shall be
subject to copyright in the United States or in any other country. The FAA shall have unrestricted authority to
publish, disclose, distribute, and otherwise use,in whole or in 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 5900.1 PG 3 (1-71)
903
PAGE 4 of 6 PAGES
15, The Sponsor agrees that neither the approval of the Planning Application nor the tender of this Offer nor the
approval of the final airport master planning report constitutes an assurance or commitment,
(master or system)
express or implied,by the FAA,that any airport development or unit thereof shown in the planning developed as
part of this Planning Application will be approved for inclusion in any pending or future Airport and Airway
development Program under the Airport and Airway Development Act of 1970.
16. Payment of the United States' share of the allowable project costs will be
made pursuant to and in accordance with the provisions of Part 152 of the
Federal Aviation Regulations . Final determination as to the allowability
of the costs of the project will be made after final audit.
17. It is understood and agreed that the Sponsor shall comply with the
revised administration requirements to FAR Part 152 as set forth in
the May 31, 1974, issue of the Federal Register, Volume 39, No. 106.
It is further agreed that the Sponsor shall comply with the assurances
contained in FAA Forms 5100-101.
FAA Form 5900.1 PG 4 (1a1)
904
" PAGE 5 OF 6 PAGES
The Sponsor's acceptance of this Offer and ratification and adoption of the Planning Application incorporated
herein shall be evidenced by execution of this instrument by the Sponsor,as hereinafter provided,and said Offer
and Acceptance shall comprise an Airport Master Planning Grant Agreement, as provided by
(5raster or System)
the Airport and Airway Development Act of 1970, constituting the obligations and rights of the United States
and the Sponsor with respect to the accomplishment of the Planning Project. Such Airport Master
(bluster,or System)
Planning Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
BY
Chief, Houston Airpoftrs) District Office
PART II —ACCEPTANCE
The City of Baytown.
(herein referred to as the "Sponsor")does hereby ratify and adopt
all statements,representations,warranties,covenants,and agreements contained in the Airport Masa,ter aster or System)
Planning Grant 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 in its name by its undersigned officer on this day of 119 77 ,
in Baytown County of Baytown
State of Texas
CITY OF BAYTOWN, TEXAS
(SEAL) (LEGAL NAME OF SPONSOR/COSPONSOR)
BY
(SIGNATURE OF AUTHORIZED OFFICER)
Attest:
(TITLE OF AUTHORIZED OFFICER)
Title:
Executed in its name by its undersigned officer on this day of 119
77
in
County of
State of
(SEAL) (LEGAL NAME OF COSPONSOR)
BY
(SIGNATURE OF AUTHORIZED OFFICER)
Attest:
(TITLE OF AUTHORIZED OFFICER)
Title:
FAA Form 5900.1 PG 5 (1-71)
90S
n PAGE--6—OF 6 PAGES
Executed in its name by its undersigned officer on this-day of , 1917 ,
in County of
State of
(SEAL) (LEGAL NAME OF COSPONSOR)
BY
[SIGNATURE OF AUTHORIZED OFFICER)
Attest:
Title: (TITLE OF AUTHORIZED OFFICER)
CERTIFICATE OF SPONSOR'S ATTORNEY
I acting as Attorney for CITY OF BAYTOWN o TEXAS
(herein referred to as the"Sponsor")do
hereby certify:
That I have examined the foregoing airport Master Planning Grant Agreement and the
(Master or System)
proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly
authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the State(s)
of Texas and further that,in my opinion,
said airport Master Planning Grant Agreement
(Master or System)
constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof.
Dated at_ Baytown this day of 19 77
(Signature)
(Title)
FAA Form 5900.1 PG 6 (1-71)