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HomeMy WebLinkAboutOrdinances Book 16, Page 504, Ordinance Number 68-3-29504/ Y ORDINANCE NO. 68-3-29 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY OF PADUCAH, KENTUCKY, AS CO-SPONSOR, A GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR IMPROVEMENTS AT BARKLEY FIELD BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Paducah, Kentucky, a Grant Agreement with the Federal Aviation Administration in words and figures as follows: "FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1 -Offer Date of Offer Feb 14, 1968 Barkley Field Airport Project No. 9-15-011-C806 Contract No. FA -EA -819 TO: City of Paducah and County of McCracken, Kentucky (herein re ferred to as the "Co -Sponsor" FROM: The United States of America (acting through the Federal Aviation Agency, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated November 1, 1967* for a grant of Federal funds for a project for develop- ment.of the Barkley_Field 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 developmen Land acquisition, Parcels C. D. E and G; construct, light (MI) and mark extension to Runway 4-22.(1500" x 150'); approach clearing Runway 4; relocate REIL; utility relocation; road relocation (Gholson Road); fencing all as more particularly described in the property map attached as Exhibit "A" to the said project application and in the plans and specifications as approve for this project on June 29, 1967, by the Chief:, Airports Branch, Cleveland Area Office, Federal Aviation Administration, Eastern Region, all of which are hereby incorporated herein by reference and made a part hereof. *and letter dated November 30, 1967, from E. J. Paxton, Jr. President Paducah Airport Corporation. 505 NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions c the Federal Airport Act, as amended (49 U.S.C. 1101), and in consideration of (a) the Sponsor's adoption and ratifiation of the representations and assuran- ces contained in said Project 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 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 accomplishing the Project, 50 per centum of all allowable project costs. This Offer is made on and subject to the following terms and conditions: I. The maximum obligation of the United States payable -under this offer shall be $250,000.00. 2. The Sponsor shall: (a) begin accomplishment of the Project within thirty days after acceptanc 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; (b) carry out and complete the Project withour undue delay and in accordar with the terms hereof, the Federal Airport Act, and Sections 151.45-1° of the Regulations of the Federal Aviation Agency (14 CFR 151) 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 be the FAA to be ineligible for consideration as to allowability under Sections 151.41 (b) of the Regulations. 4. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of Section 151.57 - 151.63 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 151.63 of the Regulations: Provided, that, in the event a semi-final grany payment is made pursuant to Section 151.63 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 and specifically covenants and agrees, in accordance with its Assurance 4 in Part III of said Project Application, that in its operation and the operation of all facilities thereof, neither it nor any person or organization occupying space or facilities thereon will discriminate against any person or class of persons by reason of race, color, creed or national origin in the use of any of the facilities provided for the public on the airport. 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 Project unless this Offer has been accepted by the Sponsor on or before March 15, 1968 or such subsequent date as may be prescribed in writing by the FAA. 8. In addition the sponsor shall: (a) Incorporate or cause to be incorporated in each contract for construction work under the project, or any modifica- tion thereof, the Equal Opportunity Clause as set forth in Section 202 of Executive Order No. 11246 of September 24, 1965, or such modification thereof'as may be approved by the Secretary of Labor. 55 506 Incorporate or cause to be incorporated in each bid or proposal form submitted by prospective contractors for construction work under the project the provisions prescribed by Section 151.54(d)(1), Part 151, Federal Aviation Regulations. Be bound by said Equal Opportunity Clause in any construction work under the project which it performs itself other than through its own permanent work force directly employed or through the permanent -work force directly employed by another agency of government. Cooperate actively with the FAA and the Secretary of Labor.in obtaining the compliance of contractors and subcontractors with the Equal Opportunity Clause and the rules, regulations, and relevant orders of the Secretary of Labor. Furnish the FAA and the Secretary of Labor such informa- tion as they may require for the supervision of such compliance and will otherwise assist the FAA in the discharge of its primary responsibility for securing compliance. Refrain from entering into any contract or contract modification subject to Executive Order No. 11246 with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and Federally assisted construction contracts pursuant to Part II, Subpart D of Executive Order No. 11246. (g) Carry out such sanctions and penalties -for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the FAA and the Secretary of Labor pursuant to Part II, Subpart D of Executive Order No. 11246; and in the event that the sponsor fails or refuses to comply with its undertakings, the FAA may cancel, terminate or ' suspend in whole or in part any contractual arrange- ment it may have with the sponsor-, may refrain from extending any further assistance under any of its, programs, subject to Executive Order 11246 until satisfactory assurance of future compliance has been received from such applicant, or may refer the case to the Department of Justice for appropriate legal proceedings. By its acceptance of'this Grant Offer the sponsor agrees that insofar as is within its powers and to the extent reasonable, the sponsor will take action to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations including landing and take -off of aircraft. The sponsor's financial records of the project established, maintained and made available to personnel of the FAA in conformity to Section 151.55 of the Regulations of the Federal Aviation Agency (14 CFR 151), will also be available to representatives of the Comptroller General of the United States. It is understood and agreed with respect to the Project Application dated November 1, 1967, that the description of airport development appearing in the second paragraph of page 1 of the Project Application, Part I - Project Information, be and thesame hereby is deleted and the description thereof, appearing in the second "WHEREAS" clause on page 1 of the Grant Offer, be and the same hereby is substituted in its place and stead. It is understood and agreed that the reference to "Section A of FAA Technical Standard Order Number N-18 or Advisory Circular (AC) No. 150/5300-1, whichever is applicable according to the currently approved Airport Layour Plan" contained in Part III, Paragraph 7 of the Project Application, be deleted and the following language substituted: "Section 11.23 as applied to Section 77:27, Part 77 of the Federal Aviation Regulations." 507 13. The Federal Government does not now plan or contemplate the construction of any structures pursuant to Paragraph 9 of Part III - Sponsor's Assurances of the Project Application dated November 1, 1967, and therefore, it is understood and agreed that the Sponsor is under no obligation to furnish any areas or rights without cost to the Federal Government under this Grant.Agreement. However, nothing contained herein shall be construed as altering or changing the rights of the United States and/or the obligations of the Sponsor under prior Grant Agreements to furnish rent-free space for the activities specified in such agreements. 14. It is understood and agreed that the Sponsor will not commence nor permit the commencement of work involving the_removaland relocation of the utility lines to be accomplished under this project until plans and specifications covering such work together with cost estimates and copies of proposed owner removal agreements have been submitted to and approved by the Administrator or his authorized representative- and the United States shall not make nor be obligated to make any payment for such removal and relocation of the utilities until said plans and specifications together with cost estimates and copies of proposed contracts have been submitted and found satisfactory. 15. It is understood and agreed that the United States will not be obligated to pay for the land interests included under the project description and as shown on Exhibit "A", nor for construction thereon, nor shall construction commence, unless and until the Sponsor has submitted evidence of fee title free and clear of all encumbrances deemed objectionable by the FAA, or.lesser property interests satisfactory to the FAA. 16. Notwithstanding the provision of Paragraph 3, Part III, of the Project Application, the sponsor covenants and agrees that it will not grant or permit any exclusive right forbidden by Section 308 (a) of the Federal Aviation Act of 1958 (49 U.S.C. 1349) at the airport, or at any other airport now or hereafter owned or controlled by it. In furtherance of the policy of the FAA under this covenant, the sponsor agrees that, unless authorized by the Administrator, it will not, either directly or indirectly, grant or permit any person, firm, or corporation the exclusive right at the airport or at any other airport now or hereafter owned.or controlled -by it, to conduct any aeronautical activities, including, but not limited to, charter flights, pilot training, aircraft rental and sight-seeing., aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or.not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their relationship to the operation of aircraft can be regarded as an aeronautical activity. The sponsor further agrees that it will terminate any such exclusive right (including any exclusive right to engage in the sale of gasoline or oil, or both) now existing at the airport, or at any other airport now or hereafter owned or controlled by it, at the earliest renewal, cancellation, or expiration date applicable to the agreement that established the exclusive right, and certifies that there is no exclusive right not subject to termination under this provision. 17. It is understood and agreed that the terms "Administrator of the Federal Aviation Agency," "Administrator" or "Federal Aviation Agency" wherever they appear in this Agreement, in the Project Application, plans and specifications or other documents constituting a part of this Agreement shall be deemed to mean. the Federal Aviation Administrator or the Federal Aviation Administration as the case may be. 18. it is understood and agreed that all payments under this Grant Agreement will be made to the Kentucky Department of Aeronautics in accordance with the requirements of Chapter 183 of the Kentucky Revised Statutes. 19. It is understood and agreed that the Sponsor will, without Federal aid and prior to any Grant Payment, accomplish to the satisfaction of the FAA, clearing of the Runway 22 approach in Parcel F denoted on the Exhibit A attached to the Project Application dated November 1, 1967. 508 20. The Sponsor covenants and agrees, with respect to the clear zones shown on the approved Airport Layout Plan and on future revisions of subh plan, if any, that the Sponsor will maintain the land in such clear zones as to which the Sponsor holds fee simple title, free and clear of all structures, except those required as aids to air navigation, unless otherwise authorized by the FAA. 21. It is understood and agreed that paragraph 7 of the Project Application is revised to include the following: property interests in Parcels B. C and D as shown in Exhibit B attached hereto." 22. It is understood and agreed that the City of Paducah and the County of McCracken, Kentucky authorized the execution of the Project Application dated November 1, 1967, on their behalf by Paducah Airport Commission; that they jointly and severally adopt and ratify the representations and assurances contained therein; and, that the word "sponsor" as used in the project application aforesaid is deemed to include the City of Paducah and the County of McCracken, Kentucky. 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 Spons with respect to the accomplishment of the Project and the operation and main- tenance 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 any event not to exceed twenty years from the date of said acceptance. UNITED STATES OF AMERICA FEDERAL AVIATION AGENCY By Clay W. Hedges (TITLE) C. W. Hedges Manager, Cleveland Area Office Part II -Acceptance The City of Paducah, Kentucky does 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 19 City of Paducah, Kentucky (Name of Co -Sponsor) By Title (SEAL) Attest: Title: Clerk, City of Paducah, Kentucky CERTIFICATE OF CO -SPONSOR'S ATTORNEY I, , acting as Attorney for City of Paducah, Kentucky (herein referred 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 and proper and in accordance with the laws of the State of 509 Kentucky, and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of 19 Title SECTION 2. The authority for the execution of the Grant Agreement shall be contingent upon the condition that the County of McCracken co-sponsor the Agreement with the City of Paducah. SECTION 3. This ordinance shall be introduced and remain on file for at least one (1) week for public inspection in the completed form in which it shall be put upon its final passage, and if adopted shall be in full force and effect ten (10) days thereafter. Mayor Introduced by the Board of Commissioners February 27, 1968 Passed by the Board of Commissioners March 5, 1968 Recorded by Sarah Thurman, City Clerk, March 5, 1968.