HomeMy WebLinkAboutOrd.08.06-22-1982 ' . �
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BILL NO. 82-24 ORDINANCE NO. �
AN ORDINANCE APPROVING THE FORM OF AN AIRPORT
AID FOR MAINTENANCE CONTRACT BETWEEN THE CITY
OF CAPE GIRARDEAU AND THE MISSOURI HIGHWAY
AND TRANSPORTATION DEPARTMENT, AUTHORIZING
THE CITY MANAGER TO EXECUTE
WHEREAS, cleaning and sealing joints in runways, taxiways
and aprons at the Cape Girardeau Municipal Airport needs to be
done; and
WHEREAS, the City is applying for a State Airport Aid grant
as provided for by Section 305. 236, RSMO 1979; and
WHEREAS, the said City needs to enter into an Airport Aid
for Maintenance Contract with the Missouri Highway and Transportation
Department in connection with this project;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
SECTION l. The "Airport Aid for Maintenance Contract" , copy
attacned hereto marked Exhibit "A" , between the City of Cape
Girardeau, Missouri and the Missouri Highway and Transportation
Department, is approved as to form.
SECTION 2. The City Manager of the City of Cape Girardeau,
Missouri, is hereby authorized and directed to execute said
Contract, for and on behalf of the City of Cape Girardeau, Missouri.
SECTION 3. This ordinance shall be in full force and effect
ten days after its passage and approval. -
PASSED AND APPROVED THIS ��1� DAY OF �`,h. �'�`���-�`- , 1982.
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Howard C. Tooke, Mayor
ATTEST:
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:L.ti�..c�___�,� C�.�c�f-�-�_.
Verna L. Landis`, City Clerk
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AIRPORT AID FOR MAINTENANCE CONTRACT
Part I
This contract, entered into this day of ,
19 , between the Highway and Transportation Department , State of
Missouri (hereinafter referred to as MHTD) , and the (city, �����
������ of Cape Girardeau (hereinafter referred to as Sponsor) .
WITNESSETH:
In consideration of the mutual covenants , promises , and
representations hereinafter set forth, it is mutually agreed as
follows :
1 . The purpose of this coiitract is to provide financial
assistance to the Sponsor, pursuant to Section 305 . 236 RSMo , and to
state the terms and conditions upon which such assistance will be
provided and the understandings as to the manner in which the project
will be undertaken and completed.
2 . The Sponsor agrees to undertake, carry out, and complete
the project , as described in Sponsor ' s Application for State Airport
February 9, 1981
Aid for Maintenance, dated re�r,_se�ril 3�, 19R� and heretofore filed
with and approved by MHTD, within a reasonable period of time in
accordance with the terms and conditions of this contract .
3 . In order to assist Sponsor in the financing of the
project, I�iHTD agrees to grant the sum of 8�253 to Sponsor .
4 . This contract consists of the Part I entitled Airport
Aid for Maintenance Contract ; and Part II entitled Terms and Conditions
of Airport Aid for Maintenance Contract ; and t}ie attached copy of
Febrt�ary 9, 1981
Sponsors Application, dated revised April 30, 198� in �,Thich Sponsor has
attested to �1HTD that it has sufficient cash on deposit, or other
readily available resources to satisfy the amount of ���e local share
and to complete the project .
EXHIB�T �A�
IN tivITNESS Wf�REOF, the parties hereto have affixed their signatures the day
and year first above written.
TtISSOURI HIGHINAY AND
TRANSPORTATION Ca�1MISSION SPONSOR City of Cape Girardeau
By
Chairman
Title
ATTEST:
ATTEST:
- City Cler
Secretary
SEALED OR
NOTARIZED
APPROVED AS TO FORI�I:
OR
C ief Counsel —
SPONSOR
Presiding Judge
Associate Judge
Associate Juc�ge
ATTEST:
County Clerk
SE.ALED OR
NOTARIZED
(Amended 8-20-81)
� ' TER'�1S AND CO3'�1DITIONS OF AIRPORT
AID FOR MAINI'F.N,4.�'CE CONTRACI'
Part II
Article l. Accomplishment of the Project
A. The Sponsor shall coTrmlence, carry on, and complete the project with all
practical dispatch, in a sound, economical, and efficient manner, and in accordance
with the provisions contained herein and the Application and attachments thereto, and
in accordance with all applicable laws and regulations.
B. T`he Sponsor shall submit to T1H'I'D such data, reports, records, documents,
and other information relating to the project, as MHTD may require at any time.
C. The Sponsor shall irranediately notify i�1HTD of any change in conditions
or law, or of any event, which may significantly affect its ability to perform the _
project in accordance with the provisions of this contract.
D. NII�TD shall not be subject to any obligations or liabilities by contrac-
tors of the Sponsor, ar their subcontractors, or any other person not a part to this
contract in connection with the performance of this project pursuant to the provisions
of this contract without its specific consent.
Article 2. Right of �1HTD to Tez7ninate.
Upon written notice to Sponsor, MHTD reserves the right to suspend or termi-
nate all or part of the financial assistance herein provided when the Sponsor is, or
has been, in violation of the terms of this contract. Any lack of progress which signi-
ficantly endangers substantial perforrnance of the project within a reasonable time shall
be deemed to be a violation of the terms of this contract. The determination of lack of
progress shall be solely within the discretion of I��-TTD. Once such determination is made,
1�II-ITD shall so notify sponsor in writing. Termination of any part of the grant will not
invalidate obligations properly incurred by Sponsor prior to the date of termination.
The amount retained by Sponsor, in excess of the amount necessary to satisfy said obli-
gations, shall be iTrunediately remitted to I�1��'I'D upon notice of termination. The accep-
tance of any remittance by Aq-tI'D of funds previously provided to Sponsor shall not consti-
tute a waiver of any claim which AtI-I"I'D may otherwise have arising out of the contract.
Article 3. Financial SuTrunary.
Upon completion of the project for which state funds were granted, the Sponsor
will furnish to M}�TD a financial sturunary of the total funds e�cpended. The stuiunar-y �ust
show the sources of fimds and the specific items for which they were expended.