Loading...
HomeMy WebLinkAboutIowa Department of Transportation-8/5/2013IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT Airport Planning and Zoning This AGREEMENT is made between the Iowa Department of Transportation called the "Iowa DOT" and the city of Waterloo, hereafter the "SPONSOR." 1.00 PURPOSE: The purpose of this agreement is to set forth terms, conditions and obligations to develop and enact, as contemplated by the Airport Zoning . Act, Iowa Code chapter 329 (2013), an Airport Land Use and Zoning Ordinance for the Waterloo Regional Airport, hereafter the "Airport" in the cities of Cedar Falls and Waterloo and Black Hawk County. The Zoning Ordinance shall be developed and adopted prior to reimbursement from the Iowa DOT. The coordination to update and adopt an ordinance shall be referred to as the "Project" and shall be identified by Project number: 91140AL0105 Contract number: 15321 16.0 GENERAL PROVISIONS 2.01 The SPONSOR shall begin the ordinance development no later than 12 months after the date of this agreement or the Iowa DOT shall have no obligation to make any reimbursement. 2.58 The Iowa DOT agrees to reimburse the SPONSOR 85% of the eligible project costs, not to exceed the maximum amount payable of $7,480, incurred according to the terms of this agreement. Reimbursement will be made in whole dollar amounts only, rounded down. 2.59 Payment, as provided for in 2.02, will be made when all zoning ordinances as contemplated by Iowa Code chapter 329 (2013) have been adopted and enacted by each city and county owning or controlling the Airport as well as each city and county within which an airport hazard area or any part thereof appertaining to the Airport is located. For purposes of this agreement, the term "airport hazard area" is defined as set forth in Iowa Code section 329.1(3) (2013). 2.60 The Iowa DOT shall not waive any right of authority by making payments pursuant to this agreement, and such payments shall not constitute approval or acceptance of any part of the Project. 2.61 Neither the Iowa DOT nor the Sponsor intend to create rights in, and shall not be liable to, any third parties by reason of this agreement. 2.90 If any provision of this agreement is held invalid, the remainder of this agreement shall Contract Number: Project Number: not be affected thereby if such remainder would then continue to conform to applicable law and the intent of this agreement. 2.91 The Iowa DOT shall determine what costs charged to the project account are eligible for participation under the terms of this agreement and the SPONSOR shall bear all additional costs accepted and paid. 2.92 Notwithstanding any other provisions of this agreement, the Iowa DOT shall have the right to enforce,• and may require the SPONSOR to comply with, any and all Conditions and Assurances agreed to herein. 2.93 The Iowa DOT's obligations hereunder shall cease immediately, without penalty of further payment being required, in any year for which the General Assembly of the State of Iowa fails to make an appropriation or reappropriation to pay such obligations, and the Iowa DOT' s obligations hereunder shall cease immediately without penalty of further payment being required at any time where there are not sufficient authorized funds lawfully available to the Iowa DOT to meet such obligations. The Iowa DOT shall give the SPONSOR notice of such termination of funding as soon as practicable after the Iowa DOT becomes aware of the failure of funding. In the event the Iowa DOT provides such notice, the SPONSOR may terminate this agreement or any part thereof. 2.94 The SPONSOR is the contracting agent and, as such, retains sole responsibility for compliance with local, state and federal laws and regulations related to accomplishment of the Project. The sponsor shall ensure compliance with Title VI of the Civil Rights Act of 1964, 78 STAT. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4, and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21 — to the end that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving financial assistance from the Iowa DOT. 2.95 Funding will be available for reimbursement of the project for three fiscal years after the date of this agreement, unless appropriations are withdrawn under 2.09. Assurances in this agreement remain in full force and effect for a period of 20 years from the date of the agreement. 3.00 PROJECT CONDITIONS 3.24 The SPONSOR Agrees to: eee) Contract for all professional services as needed, submitting a copy of any engineering/consultant contract to the Iowa DOT. fff) Develop a project schedule and provide quarterly updates to the Iowa DOT. Submit a Request for Reimbursement form to the Iowa DOT, with copies of invoices, and proof of payment for reimbursement at the end of the project. ggg) Submit copies of the adopted ordinances at the completion of the project. Contract Number: Project Number: hhh) Retain all records relating to project cost, including supporting documents, for a period of three (3) years following final payment by the Iowa DOT, and to make such records and documents available to Iowa DOT personnel for audit. Any consultants working on this project must also provide records for audit upon request. 4.00 SPECIAL PROVISIONS 4.01 The zoning ordinance should use •the Iowa Land Use Guidebook as a reference for development and comply with the Airport Zoning Act, Iowa Code chapter 329 (2013). 5.00 SPONSOR ASSURANCES By authorizing execution of this agreement the SPONSOR hereby certifies that: 5.15 It will not enter into any transaction which would operate to deprive it of any of the rights and powers necessary to perform any or all of the assurances made herein, unless by such transaction the obligation to perform all such covenants are assumed by another public agency found by the Iowa DOT to be eligible under the laws of the State of Iowa to assume such obligations and to have the power, authority, and financial resources to carry out all such obligations. If an arrangement is made for the management or operation of the Airport by any agency or person other than the SPONSOR or an employee of the SPONSOR, the SPONSOR will reserve sufficient rights and authority to insure that the Airport will be operated and maintained in accordance with these assurances. 5.59 It will operate and maintain in a safe and serviceable condition the Airport and all facilities thereon and connected therewith which are necessary to service the aeronautical users of the Airport and will not permit any activity thereon which would interfere with its use for airport purposes. 5.60 Insofar as it is within its power and reasonable, the Sponsor will, either by the acquisition and retention of easements or other interests in or rights for the use of land or airspace and by the adoption and enforcement of zoning regulations, prevent the construction, erection, alteration, or growth of any structure, tree, or other object in the approach areas of the runways of the Airport, which would constitute an obstruction to air navigation according to the criteria or standards prescribed in Section 77.23 as applied to Section 77.25, Part 77, of the Federal Aviation Regulations. In addition, the Sponsor will not erect or permit the erection of any permanent structure or facility which would interfere materially with the use, operation, or future development of the Airport, or any portion of a runway approach area in which the Sponsor has acquired, or hereafter acquires. 5.61 It will operate and maintain the facility in accordance with the minimum standards as may be required or prescribed by the Iowa DOT for the maintenance and operation of such facilities as identified in the Iowa Administrative Code 761 -Chapter 720.10 5.62 It will operate the Airport as such for the use and benefit of the public. In furtherance of Contract Number: Project Number: this covenant (but without limiting its general applicability and effect), the SPONSOR specifically agrees that it will keep the Airport open to all types, kinds, and classes of aeronautical use on fair and reasonable terms without unlawful discrimination among such types, kinds, and classes. The SPONSOR may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the Airport as may be necessary for the safe and efficient operation of the airport. The SPONSOR may also prohibit or limit any given type, kind, or class of aeronautical use of the Airport if such action is necessary for the safe operation of the Airport or necessary to serve the civil aviation need of the public. It will operate the Airport • on fair and reasonable •terms, and without unjust discrimination. 6.00 EXECUTION OF THE AGREEMENT. By resolution made a part of this agreement the SPONSOR authorized the undersigned to execute this agreement. Signed this J day of SPONSOR. By: Title: ,/ 3 , on behalf of the Attested: Title: Signed this 9th day of July , 2013, on behalf of the Iowa Department of Transportation. By: Michelle McEnany, D. - or Office of Avi CITY OF WATERLOO Council Communication City Council Meeting: August 5, 2013 Prepared: July 29, 2013 Dept. Head Signature: Steve Wareham # of Attachments: 1 SUBJECT: Approval of Agreement with Iowa Department of Transportation for the Development of an Airport Zoning Ordinance in the amount of $8,800 for Waterloo Regional Airport. Submitted by: Steve Wareham, Airport Director Recommended City Council Action: Approval of IDOT Agreement in the amount of $8,800 to develop and enact an Airport Land Use and Zoning Ordinance for the Waterloo Regional Airport in the cities of Cedar Falls and Waterloo and Black Hawk County. Summary Statement Expenditure Required: N/A Source of Funds: 85% ($7,480) IDOT Grant; 15% ($1,320) City of Waterloo; with 5% ($440) City of Cedar Falls and 5% ($440) Black Hawk County to be reimbursed per cost-sharing agreements. Policy Issue Alternative Background Information: This grant is to fund 85% of the cost to develop and enact an Airport Land Use and Zoning Ordinance for the Waterloo Regional Airport in the cities of Cedar Falls and Waterloo and Black Hawk County, as contemplated by the Airport Zoning Act, Iowa Code chapter 329 (2013). INRCOG will prepare the ordinance.