2684 Accept Airport GrantRESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT OFFER FROM THE UNITED STATES
RELATING TO THE DEVELOPMENT OF THE SALINA MUNICIPAL AIRPORT, SALINA, KANSAS:
BE IT RESOLVED by the Governing Body of. the City of Salina, Kansas:.-,
Section 1. That the City of Salina, Kansas, shall accept the Grant offer from
the Administrator of Civil Aeronautics, dated December 5, 1962, for the purpose
of obtaining Federal Aid in the development of the Salina Municipal Airport, and
that such Grant Offer shall be as set forth hereinbelow;
Section 2, That the City of Salina, Kansas, does hereby ratify and adopt:.;;. all
statements, representations, warrantees, covenants, and agreements contained in
the Project Application, which is incorporated by reference in the said Grant
Offer;
Section 3. That the City Manager is hereby authorized and directed to execute
said Grant Offer agreement in quadruplicate on behalf of the City of Salina,
Kansas, -and the City Clerk is hereby authorized and directed to impress thereon
the official seal of the City of Salina, Kansas, and to attest said execution;
Section 4. That the. Grant Offer referred to hereinabove shall be as follows:
GRANT AGREEMENT
Part 1 -Offer
Date of Offer'- December 5, 1962
Salina Municipal Airport
Project No. 9-14-032-C307
Contract No.FA-CE2060
To: City of Salina (Herein referred to as the "Sponsor")
From; The United States of America (Acting through the Federal Aviation Agency:
herein ref Bred to as the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated
September 27, 1962, for a grant of Federal funds for a project for development
of the Salina Municipal Airport (herein called the "Airport)" together with plans
and specifications for such project, which Project Application, as approved by
the FAA is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for development of the Airport (Herein
called the "Project) consisting of the following -described airport development:
Construct taxiways to T-Hanagar area (Approximately 3200 Sq. yds.);
relocate wind cone and segmented circle; install underground electrical
duct; grade; drain; turf. (This is in addition to the work included
in Project Nos. 9-14-032-703, -104, 5705 and -5806),
all as more particularly described in the property map and plans and specificat
incorporated in the said Project Application;
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of
the Federal Airport Act,.as amended (49 USC 1101) and in consideration of (a)
the Sponsor's adoption and ratification of the representations and assurances
contained in said Project Application, and its acceptance of this Offer as here-
inafter provided, and (b) the benefits to accrue -.to the United States and the
public from the accomplishment of the Project and the operation and maintenance
of the Airport as herein provided, THE FEDERAL AVIATION AGENCY, FOR AND ON BEHALF
OF THE UNITED STATES, HEREBY OFFERS AND AGREES, to pay, as the United States'
share of the allowable costs incurred in eomompolishing the Project, 50 per centum
thereof. ,
This Offer is made on and subject to the following terms and conditions;
1. The maximum obligation of the United States payable under this Offer
shall be $10,000.00.
2. The Sponsor shall:
(a) begin accomplishment of the Project within ninety days after
acceptance of this Offer or such longer time as may be prescribed
by the FAA, with failure to do so constituting just cause for
termination of the obligations of the United States hereunder
by the FAA;
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(b) carry out and complete the Project without undue delay
and in accordance with the terms hereof, the Federal Airport
Act, and Sections 550.7 and 550.8 of the Regulations of
the Federal Aviation Agency (14 -CFR 550) 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 the Project in accordance
with the plans and specifications and property 'map,-'
incorporated herein, as they may be revised or modified
with the approval of the FAA,
3. The allowable costs of the project shall not include any costs
determined by the FAA to be inelibigle for consideration as,to
allowability under Section 550.4 (a) of the Regulations.
4. Payment of the United States share of the.sallowable project costs
will be made pursuant to and in accordance with the provisions of
Section 550.9 of the Regulations. Final determination as to the
allowability of the costs of the project will be made at the time
of the final grant payment pursuant to Section 550.9 (d) of the
Regulations: Provided, that, in the event a semi-final grant
payment is made pursuant to Section 550.9 (c) of the Regulations,
final determination as to the allowability of,those costs to which
such semi-final payment relates will be made at the time of such
semi-final payment.
5. The Sponsor shall operate and maintain the Airport as :provided in
the Project Application incorporated herein.
6. The FAA reserves the -right to--amend'or withdraw this offer at any
time prior to its-adeepttnee by the -Sponsor.
7. This offer shall expire and -the Uaited States shall riot be obligated
to pay any part of the costs of the Project unless this Offer has
been accepted by the Sponsor on -or before -January 31,1963 or such
subsequent date as may be�prescribed in -writing -by the FAA.
8. It -is understood and agreed by and between the parties hereto
that Paragraph 9 of the Part III -Sponsor's -Assurances of the
Project Application dated--Setpember 27, 1962 is`her--eby deleted
in its entirety. It` -is recognized by the parties hereto that
Paragraph (5) of Section 11 of the Federal Airport Act (49 USC
1101 (51), as amended, provides that the Sponsor"will furnish
without cost to'the-Federal-Government for use in connection with
any sir tr-a€fic control activities, or weather -reporting activities
and communicitions,activities and communications activities related
to air traffic control, such areas of --land 'or water, -or estate
therein, or rights in buildings of the Sponsor as the Administrator
may consider necessary or desirable for construction at Federal
expense of space-or-.facilitiesfor such purposes"'. The Federal'
Government does not now_plan-or contemplate the construction of
any structures `for any of -the --activities set forth --in said
Par, -graph (5) of Section 11 and, therefore, it is further understood
and agreed that the Sponsor is under no obligation to furnish any
such -areas of rights under --this Grant Agreement:- However,'�nothing
contained herein steal°l,be constructed aspaltering or changing the
rights of the -United States and/or the obligations 'of the Sponsor
under `prior Grant Agreements -tofurnish rent-free space for -the
aforementioned activities:
9. The Sponsor- hereby ,covernants -and agrees that, to 'the extent that
the Sponsor holds 'or may her-eafter -aequire ownership or such other
rights as may legally a1low "it to carry out its obligations under
this covenant, -it will not -permit or suffer any growth, -'structure,
or object, except farm crops, grazing animals or such structures
as are necessary as aids to ,air navigation on (a) any land lying
within zones, .trapezoid in shape,- -extending =outwardly 2000 feet
from points located 200-feetout-ward 'from -each -end -of the 'N/S
runway along the=centerline thereof as projected outward,=the
said zones each being 500 feet wide at the said beginning points,
measured 250 feet on each side of the said projected centerline,
and increasing, to a width of 900 feet at their out extremities,
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measured 450 feet on each side of the projected centerline:
(b) on any land lying within zones, trapezoid in shape extend -i
ing outwardly 1000 feet from points -located 100 feet outward
from each end of the NW/SE landing strip along the centerline.
thereof as projected outward, the said zones each being 250
feet wide at the said beginning points measured 125 feet on
each side of the said projected centerline, and increasing to
a width of 450 feet at their -outer extremities measured 225
feet on each side -of the project -centerline.
10. Notwithstanding the fact that the project plans and specifications
include therein the construction of approximately 2400 square
yards of bituminous apron paving leading into the T -Hangar area
(as depicated on revised Sheet No. 3 of the construction plans
for this project), it is understood and agreed by and between
the parties hereto that the construction of said bituminous
apron -paving leading into the T -Hangar area, -shall not be a
part of this project and, if accomplished by the Sponsor,,
shall be without participation in the costs thereof by the
United States under this -_project; it is -further understood
and agreed that the Sponsor shall maintain as a part of the-
cost records for this -project, separate cost -records pertaining
to the-Fbove-referred work -excluded f.rom.-Federal participation,
which records shall be made available for inspection and audit -
by the FAA to the end that the cost of the excluded work may
be definitely determined.
111. It is understood and agreed by and between the parties hereto
that the United States shall not,make, nor shall it be obligated
to make., final grant payment hereunder until the FAA has
determined that the lease agreement between the Sponsor and
Salina Flite, Inc., dated April 18, 1961 and the lease agree-
ment between the Sponsor and CEN-KAN Aviation, Inc., dated
June 19, 1962, are not -contrary to Section 308 of the Federal
Aviation Act of 1958 and will not interfere with the Sponsor's
control of the airpott,or ability to acr-ry out its obligations
and covenants as set -forth in the -Grant Agreement and in the
Project Application which is made a part hereof.
12. The Sponsor hereby covenants and agrees that it will not grant
exercise, or permit the exercise of an exclusive right for the
conduct of any aeronautical activity on the airport, except
such exclusive right that is permitted under any surplus property
instrument of transfer applicable to the airport, and that it
will otherwise comply with -a11 applicable laws and with the
policies of the Federal Aviation Agency set forth in 27- Federal
Register 7054, July 25, 1962, with respect to the conduct of
aeronautical activities on the airport. -
13. It is -understood and agreed that each contract awarded for
construction work under -this project is subject to the provisions
of the Work Hours Act of 1962, Public Law 87-581. It is further
understood and agreed that each contract will contain
stipulations requiring the contractor or subcontractor to pay
wages to all laborere and mechanicz employed on the work in
conformance with the provisions of the Act and that the Sponsor
may withhold or cause to be withheld from the contractor or
subcontractor so much of the accrued payments as may be
considered necessary to pay -laborers and mechanics employed
by any such contractor or subcontractor on the work the full
amount bf tmages,,,-.r'equired by the contract and such sums as may
administratively be determined to be necessary to satisfy
any liabilities of such contractor or subcontractor for
liquidated damages as provided by the Act. It is also
understood and agreed -that, in the event of failure of -any v:
contractor or subcontractor to pay any laborer or mechanic
employed or working on the site of the work all or part of
the wates required by the contract, the FAA may, after written
notice to the Sponsor, withhold from the Sponsor so much of
the accrued payments or advances resprenting unpaid wages and
liquidated damages.
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The Sponsor's acceptance of this offer and ratification and adoption of the
Project Application 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, as provided by the Federal
Airport Act, constituting the obligations and rights of the United States
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 ny event not to exceed twenty years from the date
of such acceptance.
UNITED STATES OF AMERICA
FEDERAL AVIATION AGENCY
By Henry L. Newman
Assistant Adminstrator, Central
Region
PART II -Acceptance
The Hoes hereby ratify and adopt all statements,
representations, warranties, covenants, and agreements contained in the
Project 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 this ''day of
(SEAL)"
Attest:
Title:
CERTIFICATE OF SPONSOR'S ATTORNEY
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City of Salina,. -Kansas'.-,
By
Title
I. acting as Attorney for City of Salina
Kansas (herelinreferred to as the "Sponsor") do hereby certify:
That I have examined the foregoing Grant Agreement and the 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 dna proper and in accordance with the laws of the State
of Kansas, and further :that, in my op -inion-, ,said.:.Grant Agreement consitutes-
a legal and binding obligation of the Sponsor in,accordance with.the terms
thereof.
Dated at
this day of
Title
Salina Kansas
Project No. 9-14-032-C307
SCHEDULE OF MAXIMUM SPACE REQUIREMENTS
No CAA Activities and Equipment
No Weather Bureau Space
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Adopted this.11th day of December, 1962.
_ R: F. Exline
Mayor.
(SEAL) _
Attest: -
H. E. Peterson
City Clerk
CERTIFICATE OF CITY CLERK
I, H. E. Peterson, the duly appointed qualified and acting City Clerk of the City
of,Salina, Kansas, do hereby certify that the foregoing resolution was duly adopte
at a meeting of the Governing Body of the City of Salina, Kansas, held on the 11th
day of December, 1962, and that said resolution has been compared by me with the
original ,thereof on file and of record in my office, and is a true copy of the
whold ,of said original.
IN WITNESS WHEREOF, I have hereunto set mfr; -hand and the seal of the City of Salina
Kansas, this 11th day of December, 1962.
_. H. E. Peterson
--City-Clerk--
(SEAL)
City-Clerk(SEAL)
CERTIFICATE OF SPONSOR'S ATTORNEY
I, L. 0. Bengtson, acting -as Attorney for the City of Salina, Kansas (Hereinafter
called the "Sponsor") do hereby certify:
That I have examined ihe�f oregoing Grant Agreement and the proceedings taken -by
the Sponsor relating thereto and find that the acceptance thereof by the.Sponsor
has been duly authorized, that the execution thereof is in all respects d!e and
proper and in accordance withthe laws of the State of Kansas and further that,
in my opinion, said Grant Agreement constitutes a legal and binding obligation
of the Sponsor in accordance withthe terms thereof.
Dated at -Salina, Kansas, this llth-day-of-December, 1962.
Title
STATE OF KANSAS
SS
MUNTY;_OF SALINEt: ) t
I hereby certify that the above and foregoing is a true and correct copy of
Resolution Number 2684 passed by the Board of Commissioners of the City of Salina,
Kansas December 11, 1962.
City Clerk
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