1996-05COUNCILMEMBER
RESOLUTION NO. 1996- 5
HAVEKOST INTRODUCED THE FOLLOWING RESOLUTION:
BE IT RESOLVED BY THE CHAIRMAN and members of the Airport
Authority of the City of Blair, Nebraska, that the Financial
Assistance Agreement with the Nebraska Department of Aeronautics
for Project No. 3-31-0109-02 for the purpose of obtaining state
financial aid in the development of the Municipal Airport is
hereby ratified and approved as signed by the Chairman and Secre-
tary of the Airport Authority.
BE IT FURTHER RESOLVED THAT the execution of said Financial
Assistance Agreement by the Chairman and Secretary of the Air-
port Authority on behalf of the Authority is hereby ratified and
approved.
BOARDMEMBER HAVEKOST MOVED THAT THE RESOLUTION BE
ADOPTED, WHICH SAID MOTION WAS SECONDED BY BOARDMEMBER
VAN SLYKE UPON ROLL CALL, BOARDMEMBERS
HAVEKOST, SCHEVE AND VAN SLYKE
VOTING "AYE", AND BOARDMEMBERS NONE
VOTING "NAY", THE CHAIRMAN DECLARED THE FOREGOING RESOLUTION
PASSED AND ADOPTED THIS 23 DAY OF OCTOBER _—, 1996.
AIRPORT AUTHORITY OF THE CITY
OF BLAI.NEPRASK4/'
By -
64 RMAN LLOYD SCHEVE
/#1
ATTEST:
SECRETARY LORk HAVEKOST
EXTRAC.;FROM THE MINUTES OF AN OFFICIAL MEETING OF THE
AIRPORT'AUTHORITY
OF BLAIR , NEBRASKA, SPONSOR OF THE BLAIR MUNICIPAL
AIRPORT, HELD ON OCTOBER 23 19 96
The following resolution was introduced by HAVEKOST read in full,
seconded by VAN SLYKE and considered;
RESOLUTION ADOPTING AND APPROVING THE EXECUTION OF A FINANCIAL ASSIST-
ANCE AGREEMENT FOR PROJECT NO. 3-31-0109-02 , TO BE SUBMITTED TO
THE DEPARTMENT OF AERONAUTICS OF THE STATE OF NEBRASKA TO OBTAIN STATE
FINANCIAL AID IN THE DEVELOPMENT OF THE MUNICIPAL AIRPORT.
Be it resolved by the Chairman and members of the Airport Authority
of Blair Nebraska, that:
1. The Airport Authority shall enter into a Financial Assistance
Agreement with the Nebraska Department of Aeronautics for Project No.
3-31-0109-02 for the purpose of obtaining state financial aid in
the development of the Municipal Airport and that such agreement shall
be as set forth hereinbelow.
2. The Chairman of the Airport Authority is hereby
authorized and directed to execute said Financial Assistance Agreement...
on behalf of the Authority , and the secretary is hereby authorized
and directed to attest said execution.
3. The said agreement referred to herein above is inserted in full and
attached herewith, and made a part hereof as Exhibit "0".
Upon calling for a vote on the resolution, 3 voted yea, and _Q_ voted nay,
'and the resolution therefore was declared passed and approved on OCOTBER 23
19,96 ,
ATTEST:
LOREN HAVEKOST
L
SCHEVE'
1-30-81
STATE GRANT AGREEMENT
PROJECT NO. 3-31-0109-02
This is an agreement by and between the Nebraska Department of Aeronautics, hereinafter
referred to as the "Department" and the Airport Authority of Blair, Nebraska, hereinafter
referred to as the "Sponsor."
RECITALS
The Sponsor has title to or control of the Blair Municipal Airport and wants to develop or
improve it. The Department agrees to help the Sponsor with the following development:
Acquire a new airport (Eagle Field)
A summary of eligible project costs is attached to this agreement for reference as Exhibit B.
AGREEMENT
In consideration of these facts and the mutual covenants contained herein, the Department and
Sponsor agree as follows:
The Sponsor agrees that all developments listed above will be completed and will comply with
the approved airport layout plan and the approved construction plans and specifications, as
applicable. No development item shall be omitted or added without specific approval from the
Department. If the work is contracted by the Sponsor, bids shall be taken as required by law,
and submitted to the Department for review prior to contract award. -
The Department agrees to reimburse the Sponsor for 3 percent of the actual eligible costs
incurred to complete this development, up to a maximum of $22,654 in state funds. "Eligible
Costs" are defined as those necessary for this development and approved by the Department.
In the reimbursement to the Sponsor for work performed and material furnished, the Department
agrees to honor approved progress estimates processed during the course of the construction.
Upon presentation of the final billings and estimates for the work completed by the Sponsor to
the satisfaction of the Department, the Department agrees to reimburse the Sponsor in an amount
based upon the actual incurred eligible costs of the improvements set forth in the above noted
scope of development, the attached Exhibit B, the approved plans and any approved change
orders. The total reimbursement shall not exceed the amount set forth above.
If applicable, the Grant Agreement entered into by and between the Federal Aviation
Administration (FAA) and the Sponsor on September 18, 1996 is hereby incorporated into and
made a part of this Agreement and all of the elements, paragraphs, clauses, and obligations in
said Agreement are made a part hereof as if fully set forth in this Agreement. In the event that
any provisions in the FAA Grant Agreement conflict with provisions in this agreement, the
provisions in this agreement are controlling.
CONDITIONS
The terms and conditions of this agreement shall remain in effect for 20 years from the date of
execution by the Sponsor. If the development is land or easement acquisition, then the terms
and conditions shall remain in effect for as long as the Sponsor owns this land or easement. The
Sponsor will not sell, lease, encumber or otherwise dispose of airport real property, acquired
with grant money from the Department, without the Department's approval.
1. The Sponsor will comply with the Department's State Aid Program (current version on
date of execution) and all applicable laws and regulations.
2. The Sponsor will complete the project without undue delay. The project shall be subject
to the Department's inspection.
3. The Sponsor will operate and maintain the airport as a public use facility in a safe and
serviceable condition, and will not permit any activity thereon which would interfere with
its use for aeronautical purposes. The sponsor is not required to operate the airport
during temporary periods when snow, flood or other climatic conditions interfere. The
Sponsor will comply with the minimum standards of maintenance and operation set by
the Department and the Federal Aviation Administration.
4. The Sponsor will make this airport available as a public use airport on fair and
reasonable terms and without unjust discrimination, to all types, kinds and classes of
aeronautical uses. In its operation of the airport, the Sponsor or any person or
organization occupying space or facilities thereon will not discriminate against any person
or class of persons because of race, color, religion, national origin, sex, handicap or age
and will not discriminate against any employee or applicant for employment based on
race, color, religion, sex, age or otherwise qualified handicapped status.
5. The Sponsor will insert and enforce provisions in any contract or other arrangement that
grants a right or privilege to any person, firm or corporation to engage in any activity
for furnishing services to the public at the airport. These provisions will require the
contractor to:
a. Furnish said service on a fair, equal and not unjustly discriminatory basis to all
users thereof, and,
0a
b. Charge fair, reasonable, and not unjustly discriminatory prices for each unit or
service. However, it is allowable for the contractor to make reasonable and
nondiscriminatory discounts, rebates, or other similar types of price reductions
to volume purchasers.
6. The Sponsor will not grant or permit any person, firm or corporation an exclusive right:
a. to use the airport to provide aeronautical services to the public; nor
b. to conduct any aeronautical activities, including but not limited to charter flights,
pilot training, aircraft rental and sightseeing, aerial photography, crop dusting,
aerial advertising and surveying, air carrier operations, aircraft sales and services,
sale of aviation petroleum products, repair and maintenance of aircraft, sale of
aircraft parts, or any other aeronautical activity.
However, the Sponsor may grant or exercise an exclusive right for furnishing nonaviation
products and supplies or any nonaeronautical service.
7. The Sponsor will submit all leases, permits, and agreements for the airport to the
Department upon request. The Department may withhold 20 % of payments due the
Sponsor until all leases, permits and agreements are acceptable to the Department.
8. The Sponsor will provide a drug -free workplace at the site of work specified in this
agreement.
9. The Sponsor will take appropriate action to ensure that the airspace required for airport
operations will be adequately cleared and protected. The Sponsor agrees, to the best of
its ability, to prevent construction, erection, alteration or growth of any object within or
outside the boundaries of the airport which would create a hazard to aircraft operating
at or near the airport or otherwise limit the usefulness of the airport. Appropriate actions
may include removing, lowering, relocating, marking, lighting or otherwise mitigating
existing airport hazards and preventing the establishment or creation of future airport
hazards. The Sponsor will, to the best of its ability, arrange for height restriction zoning
of the area around the airport as allowed under Nebraska Statutes.
10. The Sponsor will keep a current airport layout plan that has the approval of the
Department or the Federal Aviation Administration. The Sponsor will ensure that future
development on the airport conforms to this plan.
11. The Sponsor will not enter into any transaction that would operate to deprive it, or any
legal successor, of the rights and powers necessary to comply with any or all of the
covenants made herein.
3
e
12. During the term of these covenants, the Sponsor will maintain a current system of airport
accounts and records, using a system of its own choice sufficient to provide annual
statements of income and expense. It will furnish the Department with such annual or
special airport financial and operational reports as may be reasonably requested.
13. If this airport ceases be a public -use airport before the applicable time period has
expired, or if any other covenants of this agreement are substantially violated without the
Department's approval, the Sponsor will reimburse the Department as follows:
a
a
For any monies granted under this contract for any purpose other than land
acquisition, the amount due the Department shall be:
Years remaining X Amount of Dept.'s money granted.
10 or 20 years, as appropriate
For any monies granted for land acquisition under this contract, the amount due
the Department shall be:
Market value of the land X Percent of reimbursement listed on
page one of this contract.
14. The Sponsor agrees to reimburse the Department for its cost of furnishing services for
this project. This includes but is not limited to the services listed on the attached Exhibit
A, "Services" and "Schedule of Unit Charges." This Exhibit A is subject to change upon
notification in writing by the Department to the Sponsor.
IN WITNESS WHEREOF, the Department and Sponsor have authorized these presents to be
executed by their proper officials, as of the dates shown below.
Executed by the Nebraska Department of Aeronautics this 3rd day of Octob,#, 1996.
Witness
Executed by the Blair Airport Authority this
day of October, 1996.
,, `' ,Chairman
.19
EXHIBIT A
STATE GRANT AGREEMENT
SERVICES
1. Review, prepare and/or assist with grant applications.
2. Attend airport site and design (plan -in -hand) inspections, as appropriate.
3. Review consultant agreements, technical reports, plans, and contract documents.
4. Review and process award of contracts, change orders, construction reports,
supplemental agreements, force account agreements, and/or other agreements.
5. Attend design, preconstruction, and/or other conferences, as appropriate.
6. Review progress estimates, invoices and other evidence of project costs.
7. Conduct periodic and/or final inspections, if deemed necessary.
SCHEDULE OF UNIT CHARGES
A. Charges will be the monthly rate worked times a factor of 2.5 for overhead and benefits
for the following positions:
State Airport Engineer Engineer Associate* (all)
Assistant State Airport Engineer Engineering Aide* (all)
Engineer IV Accountant* (all)
Engineer III Accounting Clerk*
Engineer II* Attorney (all)
Engineer I* Drafter* (all)
* Employees in these positions received time and one half for time worked over 40 hours
per week.
B. Living; Costs and Outside Expenses. Actual.
Charges will be meals, lodging, telephone calls, etc., normally paid by the Department.
C. Materials, Supplies, & Rental Equipment. Actual.
Charges will be made in accordance with invoices, billings, contracts or agreements.
D. Transportation. Actual.
Charges will be those established by Department policy for all users for operating a state
automobile and using a state aircraft.
Exhibit B
eo
EXHIBIT B
BLAIR MUNICIPAL AIRPORT
PROJECT NO. 3-31-0109-02
SUMMARY OF PROJECT COSTS
OCTOBER 3, 1996
Land
Parcel No. A
Appraisal
Legal
Less ineligible:
Paving, Hangars & Ramps
Lighting, Flight Bldg & Tanks
Engineering
Design & Bid
Construction
Administration
Total
SUMMARY OF FUNDS
State Local Federal
$22,654 $52,859 $679,613
(3%) (7%) (90%)
(Max = $690,000)
$1,200,000.00
24,300.00
5,700.00
(479,266.00)
(5,608.00)
0
0
10,000.00
755,126.00
Total
$755,126