Res 1993-091 - Laserfiche WebLink

Home Browse Search

) 3~'- 5. I'r=rving Rights and Powers. a. It will not lake or permit any action which would operdte to deprive it of any of the rights and powers necessary to perfornl any or all of the terms. conditions. and assurances in the grdnt agreement without the written approval of the Secretary. and will act promptly to acquire. extinguish or modify any outstanding rights or claims of right of others which would interfere with such perfornlance by the sponsor. This shall be done in a manner acceptable to the Secretary. h. 11 will not sell. lease. encumber or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or. for a noise compatibility program project, that portion of the property upon which Federal funds have been expended. for the duration of the terms, conditions, and as.~urances in the grant agreement -- without approval by the Secretary. If the transferee is found by the Secretary to be eligible under the Airport and Airway Improvement Act of 1982 to assume the obligations of the grant agreement and to have the power, authority. and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee. all of the terms, conditions. and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms. conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant 10 undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secrctary. It will take steps to enforce this agreemellt against Ihe local government if there is substantial noncompliance with the ternlS of the agreement. . d. For noise compatibility program projects to be earried out on privately owned property. it wilf enter intO an agreement with the owner of that property which includes provisio"s specified by the Secretary. It will take steps to enforce this agreement against the property owner whcnever there is substantial noncompliance ",ith the terms of the agreement. e. If the sponsor is a prlvale sponsor. it will lake steps satisfactory to the Secretary to ensurc Ihat thc airport will continue to function as a pu(,bc-use airport In accordance ",ith these assurances for Ihe duration of these assurances. r. If an arrangement is made for management and operalion of the airport by any agency or pers~n other than the sponsor or an emplo)'ee of the sponsor, the sronsor will reserve sufficient rights and authority to ensure that the airport will be op<:rated and malnlaineu 111 accordancc ",ith the Airport and ¡\irway Improvement Act of 1'11'2, thc regulations and the tenns. C'\1nctittons and assurancc.< in the grant agreement and shall ensure that such arrangement also requires compliance tl\e;rcwith. (,. C.onsistency with Local Plans. 'Ine project is reasonably consistent ",ith plans (existing at the time of submission of Ihis application) of public agencies that are authorizcd by the state in which the project is located to plan for the development of the area surrounding the airporl. r-or noise compatibility program projects, olher than land acquisition, [0 be carried out on property not owned by the airport and over which property another public agency has land use conlrol or authority, the sponsor shall ohtain from each such agency a written declaration that such agency supports that project and the project is reasonably consistent with the agency's plans regarding tile property. 7. Considcration of l.oca! !ntercsL It has given fair consideration to the inlerest of communities in or near which the project may be loealed. ' R. C.onsultation wilh Use"'- In making a decision to undertake any airport development project under the Airport and Airway In\['rovelllenl Act of 1<)&2. it has undertaken reasonabte consultations with affected parties using the airport al which the proJc<'t is proposed. 'I. I'ublie (Icaring:;. In prOjects involving the location of an airport. an airport runway, or a major runway extension. it has afforded the opportunity for public hearings for lhe purpose of considering the cconomic, social, and environmenlal crfects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the communilY and it shall. when requested hy the Secretary. submit a copy of the transcript of such hcarinb'S~ 10 the Secretary. Further. for such projects. It has on ils managen\ent board either voting representation from Ihe communities where Ihe project is localed or has adVIsed the communities thai they have the right to petition the Secretary concenllng a proposed project. 10. Air and Waler Quality Standard.~. In projects involving airport location, a major runway extension, or runway location it will proVIde for the Governor of the Slate in which the project is located to certify in writing to the Secretary that the project will he localed. designed. constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by Ihe; ¡\dmonistrator of Ihe Environmental !'rotection Agency. certification shall be obtained from such AdministratOr. Notice of l'crtification or refusal 10 certify shall he provided within sixty days after the project application has been received by the Secretary. Airport As.<urances (I 1-<)2) Page .3 of 10 I'P-A-!