HomeMy WebLinkAbout1990-08-13 90-288 ORDERDene August 13, 1990 Item No. 90-288
Item/Subject: Authorizing Acceptance of state Funds - Bangor
International Airport
Responsible Department: Airport -
Cemncentary:
The purpose of this Order is to authorize the City Manager to
accept state Funds in the amount of $90,463. under the Federal
Airport Improvement Program for the purposes of rehabilitating
taxiway shoulders (approx. 120,000 BY); install general aviation
apron lighting; install taxiway guidance signs; rehabilitate
airfield lighting control system; upgrade runway surface condition
sensor system; isntall security fencing (approx. 20,000 LF);
acquire plow truck with 22' plow and sander.
Project No. 11.2003-10(21).
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Associated Information:
Budget Approval:
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Legal Approval: acr
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Introduced For
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" First Reading Pcge_ of
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90-288
Assigned to Councilor Stone, August 13, 1990
CITY OF BANGOR
(rITLE.) (DrbfTf... Authorizing Execution a£ Grant Agreement, With Maine
Iepart:ment £.,T_ansp t tion, --Bangor international Airport
Project No. 11.2003-10(21).
By the GUY Costal Of GUY Of Reeser.
ORDERED,
TBIT the City Manager is hereby authorized and directed,
on behalf of the City of Bangor, to execute a Grant Agreement,
with the State of Maine, Department of Transportation, for the
State's share for the following projects: Rehabilitate taxiway
shoulders (approx. 120,000 BY); install general aviation apron
lighting; install taxiway guidance signs; rehabilitate airfield
lighting control system; upgrade runway surface condition sensor
system; install security fencing (approx. 20,000 LFI; acquire plow
truck with 22' plow and sander.
IN CITY COUNCIL
August 13, 1990
Pe
CITY LEM
9G-zgg
ORDER
Title,
Authorizing Execution of Great Agreement with
Maine Department of Transportation - gauger
....IntatoatkvnL A apott n. -lett No...11. 2003-10(31)
Assigned
........��5c4mc............
Councilmen
MEMO
T0: Russ McKenna, City Clerk
FROM: Tarri Corey, Legal Dept.
RE: Council Order %90-287
Passed August 13, 1990
September 19, 1990
Enclosed please find an executed Easement between the City
of Bangor and Bangor Hydro -Electric for a pole and other equipment
to be located on Griffin Road near Fuller Road at BIA. Although
the Council Order didn't say that a copy was to be filed with you,
I thought you might want to put one with the Order in case a
question arises in the future.
fT
T. C.
KNOW ALL MEN BY THESE PRESENTS, That, City of Bangor, a municipal
Corporation, located in Bangor, in the 'County of Penobscot, and State of
Maine, being the owner in fee simple of certain lands located in the city of
Bangor, County of Penobscot, State of Maine, and described as follows, viz:
Being a portion of the premises conveyed by United States of
America to the Grantor herein by deed dated December 18, 1968, and
recorded in the Penobscot County Registry of Deeds in Book 2148,
Page 677
for consideration given by BANGOR HYDRO -ELECTRIC COMPANY, a corporation
organized and existing under the laws of the State of Maine and having its
Principal place of business at 10 State Street, Bangor, County of Penobscot,
State of Maine, the receipt whereof is hereby acknowledged, does hereby give,
grant and convey to said Bangor Hydro -Electric Company, its successors and
assigns forever, the rights, privileges and easements to construct, maintain,
operate and upgrade from time to time On said lands, for utility purposes, a
line consistingres and of one sub pole, anchor and guy wires with the necessary
the southwesterly bound ofdu
theoldoFallerle to bRoadcanddtheanorthwesterly bound of
the extension of the Griffin Road the location of said stub being further
tlascribed as 47 feet northwesterly from a southwesterly extension of the
centerline of the Griffin Road and 520 feet southwesterly from a
northwesterly extension of the centerline of Nevada Avenue; with the right to
attach an aerial guy wire to said stub pole and to existing utility pole $2
located in and along the extension of the Griffin Road; with the right to
clear and dispose of interfering trees and other growth from time to time,
with permission to enter upon the said lands for the above purposes; successors and assigns
sfurther
granting to said Bangor Hydro -Electric Company, its
the power to assign to others, in whole or in part, any or all of the rights,
privileges and easements herein set forth.
This easement is granted upon the condition that if the Grantor herein,
its successors and assigns, requests the Bangor Hydro -Electric Company, its
successors and assigns, to relocate its facilities on said premises, then the
said Bangor Hydro -Electric company, its successors and assigns, will relocate
its facilities within a reasonable amount of time after receipt of such
request, provided however that said relocation shall be to a location that is
mutually agreeable to the Grantor and Grantee herein, that the Grantor shall
grant a similar easement for the new location to the Grantee and that said
relocation shall be at the Grantor's expense. At such time that the
relocation occurs, the Grantee shall release this easement to the Grantor.
The Grantor for itself, and its successors and assigns, covenants and
agrees to and with the Grantee, its successors and assigns, that it will not
erect or maintain or permit the erection or maintenance of any building,
trailer, mobile home, swimming pool, or other structure, of any kind o
nature, within SO feet of said line, any or all of which in the opinion of
the Grantee, its successors and assigns, would endanger or interfere with the
e
exercise f any of the rights, privileges and easements hereby conveyed.
TO HAVE AND TO L
Bangor Hydro -Electric CCompany, the
its isuccessorsian0eaassigns, forever. said
IN
EREOF
ity of Banor has caused
instrument NtoSbeHexecutedtbytitssduly aid Cauthorized9representative this
this lath ,day of September , 1990.
Cit of Bangor
By: d
Ed Ward A. Barrett
City Manager
STATE OF MAINE
County of Penobscot, se: 'September
48 1990.
Personally appeared the above-named Edward A. Barrett and acknowledged
the foregoing instrument to be his free act and deed and the free act and
deed Of said City of Bangor.
Before me, �
Notary Public
Print Name of Notary:
My Commission expires 12-22-96
90-288
STATE OF MAINE
DEPARTMENT OF TRANSPORTATION
TRANNXXITKNM' DLLgNS
STATE HOU PE STATN 16 MIGUAA, MANE 04333
NA f. COggPIo-nmuuan,r
GRANT AGREEMENT
PART I - OFFER
Date of Offer pn / d
Project No. 11.2003-10(21) Rvgon DotexnStirsal Airport
TD: City of Bangor
(Hereinafter referred to as the "Sponsor')
FROM: The State of Maine (acting through the Department of
Transportation, Air Transportation Division, hereinafter
referred to as the "Department")
WHEREAS, the Sponsor has submitted to the Department a Project
Pre -application or Request for Aid involving a grant of State
funds for a project for the acquisition, construction,
establishment, safety, expansion, improvement or protection of
the Bangor latzmatiolal Airport (hereinafter
called the "Airport".)
WHEREAS, the Department has approved a project based upon this
request for development of the Airport (hereinafter called the
"Project") consisting of the following described airport
t
developmenor
Resholitate taxiway shoulders (approx. 120,000 SY); install general aviation
apron lighting; install taxiway guidance signs; rehabilitate airfield lighting
control system; upgrade runway surface condition sensor system; install
ecurity fencing (approxi 20,000 LF); stamina plot truck with 22' plea and
sander.
NOW TMEREFORE, pursuant to and for the purposes of carrying out
the provisions of 6 M.R.S.A. §17.1, 17.9 and §18.1, and in
consideration of ('a) the Sponsor's acceptance of this Offer, as
hereinafter provides, and (b) the benefits to accrue to the
public from the accomplishment of the Project and the operation
and maintenance of the Airport, as herein provided.
THE MAINE DEPARTMENT Cf TRAMPJRDT" IS AN Am RMATNE CCINMV-fflWL ( PTRTUMTY EMR R
THE DEPARTMENT, FOR AND ON BEHALF OF THE STATE OF MAINE HEREBY
OFFERS AND AGREES to pay, as the state's share of costs incurred
in accomplishing the project, 5% per cent of all approved
project costs, subject to the following terms and conditions:
1. The maximum obligation of the State payable under this
Offer shall be: $Ninety Thousand Four Hundred Sixty -Three ($90,463.003 Dollard and
00/100.
2. The Sponsor shall --
a. Begin acomplishment of the Project within a
reasonable time after acceptance of this Offer, and;
b. Carry out and complete the Project in accordance
with the terms of this Offer, and;
c. Carry out and complete the Project in accordance
with the plans or sketches and specifications as approved by the
Department or as they may be revised or modified with the
approval of the Department, and;
d. Take necessary legal action to revoke any and all
fisting nn - eronautical rights of way or encumbrances across
the landing strip and prevent the issuance of any further such
permits of rights of way to cross said strip, and;
e. Pursuant to 6M.R.S.A. operate and maintain the
Airport and all facilities thereon or connected therewith which
are necessary for airport purposes, and not permit any activity
thereon which would interfere with its use for aeronautical
purposes except with the prior written approval of the
Department, and;.
f. Operate the Airport for the use and benefit of the
public on fair and reasonable terms without unjust
discrimination, and
g.Insofar as is within its power and reasonably
possible, the Sponsor will prevent the use of any land either
within or outside the boundaries of the Airport in any manner
(including the construction, creation, alteration, or growth of
any structure o other object thereon) which would create a
hazard to the landing, taking off, or maneuvering of aircraft at
the Airport, or otherwise limit the usefulness of the Airport.
3. The Sponsor certifies that it holds property interests
in the areas of land which are to bedevelopedor used as a part
of or in connection with the Airport.
4. The Sponsor shall keep ancurate accounting of all
r
costs incurred on the Project and submit a copy of such
accounting
to the Department upon its request for reimbursement
of such costs by the Department.
5. This Offer shall expire and the State shall not be
obligated to pay any of the costs of the Project unless this
Offer has been accepted by the Sponsor within sixty (60) days
from the above date of Offer or such longer time as may be
prescribed by the Department in writing.
6. The Sponsor agrees to conscientiously perform
preventative maintenance on the completed project and to make no
application for State funds for repair or replacement of the
Project as a result of failure to perform such maintenance.
The Sponsor's acceptance of this 0£fer shall be evidenced by
execution of this instrument by the Sponsor, as hereinafter
provided and said Offer and acceptance shall comprise a Grant
Agreement constituting the obligations and rights of the State
and the Sponsor with respect to the accomplishment of the Project
and the operation and maintenance of the Airport. Such Grant
Agreement shall became 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 ten (10) years from the date of said
acceptance.
STATE OF MAINE
Department of Transportation/
/Airr Transportation Division
By ir[[�
DSL ctOr
PART II ACCEPTANCE
The 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
Name of Sponsor
(SEAL)
CERTIFICATE OF SPONSOR'S ATTORNEY
1.
the
"Sponsor") do hereby certify:
19_
acting as Attorney for
(herein referred to as
That I haveexamined the foregoing Grant Agreement and the
proceedings taken by said Sponsor relating thereto, and find that
the Acceptance thereof is in all respects due and proper and
further that, in my opinion, said Grant Agreement constitutes a
legal and binding obligation of the sponsor in accordance with
the terms.
Dated at this day of
19
CERTIFICATION OF MUNICIPAL VOTE
TO ACCEPT STATE FUNDS
T, , the duly authorized Clerk
(Please Print or Type)
for the municipality of hereby
.(Please Print or xype).
certify that the legislative body of the municipality voted on
, 19_ to accept the following categories of
State funds during the fiscal year beginning
19
Check all categories included in above vote:
_ 1. Municipal Revenue Sharing
2. Local Road Assistance
_ 3. State Aid to Education (including Federal pas& -through
funds and property tax relief)
_ 4. Public Library State Aid per Capita
_ 5. Civil Emergency Funds (Emergency Management Assistance)
_ 6. Snowmobile Registration Money
_ ]. Tree Growth Reimbursement
_ 8. General Assistance Reimbursement
9. Veterans Exemption Reimbursement
A 10. State Grants or Other Funds (This category includes all
funds received from the State that are not included
in items 1 through 9 above.)
Dated: , 19_
Signed:
Municipal Clerk