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Res 1988-032
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Res 1988-032
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8/6/2007 10:58:17 AM
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8/6/2007 10:58:17 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
1988-32
Date
3/7/1988
Volume Book
91
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<br />3. <br /> <br />4. <br /> <br />Sponsor Fund Availability. It has sufficient funds available for <br />t~g: portio~ of the project costs which are ~ot to be paid by the <br />U~i:ed 3ta~es. It has sufficient funds available to assure operation <br />a~d TIaintenance of items funded under the grant agreement which it <br />will own or control. <br /> <br />Preserving Rights and Powers. <br /> <br />a. <br /> <br />It will not take or permit any action which would operate to <br />deprive it of any of the rights and powers necessary to perform <br />any or all of the terms, conditions, and assurances in the grant <br />agreement without the written approval of the Secretary, and viII <br />act promptly to acquire, extinguish or modify any outstanding <br />rights or claims of right of others which would interfere with <br />auch performance by the sponsor. This shall be done in a manner <br />acceptable to the Secretary. <br /> <br />b. <br /> <br />It will not sell, lease, encumber or otherwise transfer or dispose <br />of any part of its title or other interests in the property shown <br />on Exhibit A to this application or, for a noise program <br />implementation project, that portion of the propert7 upon which <br />Federal funds have been expended, for the duration of the terms, <br />conditions, and assurances in the grant agreement without approval <br />by the Secretary. If the transferee is found by the Secretary to <br />be eligible under the Airport and Airway Improvement Act of 1982 <br />to assume the obligations of the grant agreement and to have the <br />power, authority, and financial resources to carry out all such <br />obligations, the sponsor shall insert in the contract or document <br />transferring or disposing of the sponsor'a interest, and make <br />binding upon the transferee, all of the terms, conditions, and <br />assurances contained in this grant agreement. <br /> <br />c. <br /> <br />For all noise program implementation projects which are to be <br />carried out by another unit of local government or are on property <br />owned by a unit of local gQvernment other than the sponsor, it <br />will enter into ~ agreement with that government. Except as <br />otherwise specified by the Secretary, that agreement shall <br />obligate that government to the same terms, conditions, and <br />assurances that would be applicable to it if it applied directly <br />to the FAA for a grant to undertake the noise program <br />implementation project. That agreement and changes thereto must <br />be satisfactory to the Secretary. It will take steps to enforce <br />this agreement against the local government if there is <br />substantial non-compliance with the terms of the agreement. <br /> <br />d. <br /> <br />For noise program implementation projects to be carried out on <br />privately owned property. it viII enter into an agreement with the <br />owner of that property which includes provisions specified by the <br />Secretary. It viII take steps to enforce this agreement against <br />the property owner whenever there is substantial non-compliance <br />with the terms of the agreement. <br /> <br />lAA 'orm 5100-100 (10-85) <br /> <br />Page 4 of 6 <br />
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