1989-09-21 EmgM Exhibits
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ATTACHYiENT 1 TO APPENDIX 4
PROCLAMATION OF A COUNTY STATE OF EMERGENCY
Section 1. Pursant to County Ordinance ~ 4 '1 . and
Chapter 166A of the General Statutes and Article 36A Chapter 14
of the General Statutes, I have determined that a State of
Emergency as defined tip County ordinan. ce 1..,/7 exist in
the County of . f\J~ \"'\r->.NoVE\<.- .
Section 2 ~ I, therefore,
State of Emergency in the County of
proclaim the existence of
r0 W \-\,~NoV&.Q.. .
a
Section 3. I hereby order all county law
officers and employees and all other emergency
personnel subject to my control to cooperate
enforcement and implementation of the provisions
county emergency ordinances which are set forth below.
enforcement
management
in the
of the
Section 4. Evacuation. I have determined that, in the
best interest of public safety and protection, it is necessary
to ev:.a9uate the civilian population from the County
of rvw l--\~N6<.k~. Ci tzens are free to use any type
of tr anspotta tion, bu t they are _ to....... "..usJ~ ".........only-
. I' h ~~~""''-C.o''''",oF\.... .
::D~S\6tJ~l~ ~AQ)~l~tJ 12.j)~Y'CL5 In eavlng t e " county. Evacuatlon
is to occur as soon as possible. Further proclamation
concerning evacuation will be issued as needed.
6 J ~. fV'. '
I
Unless a member of the County's
or the emergency management program,
located wi thin -a- l\JSIN' (--\J\NDlJe.LC-ryradius
is to be inside a house dwelling from
to .b A. {\(\ ,
section 5. Curfew.
law enforcement agency
every person who is
-e-f"
the hours of
Section 6. /NO Alcoholic Bev~rages. Ther~. all be no
sale, consumpti~, transportationf.~or possession of alcoholic
beverages dU?:i g the Stat~/ of Emerge cy in the
Courity 0 .. /, except possession or
consumption 's allowed on a peEsonls own prem~~..
I..
Section 7./ No Firearms, unition, or ExplosD1es. During
the State 0I Emergency, the e shall be no sale o~purchase of
any typ~- ~f firearm or a unition, or any pos-session of such
items aldhi with any type f explosive off owne.7 ~s own premises.
/ /
Section 8. . Execution of Emergency Plan. All civilians
and emergency management personnel are ordered to comply with
the emergency reaction plan.
This proclamation shall become effective
Proclaimed this the vi j't day of ,"-)H)"L. 19'69 , at
fifPJL-
CHAI AN BOARD OF COMMISSIONERS
46
"
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Page 1 of 5
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
Part 1 - Offer
rstP f~ 99Sgr
New Hanover County International
Wilmington, North Carolina
Airport/Planning Area
Project No.
3-37-0084-10
Contract No.
DTFA 06-89-A-80206
TO: New Hanover County and New Hanover County Airport Authority
(herein called the "Sponsor")*
FROM: The United States of America (acting through the Federal
Aviation Administration, herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application
dated August 9, 1989, for a grant of Federal funds for a project at or
associated with the New Hanover County International Airport/Planning
Area which Project Application, as approved by the FAA, is hereby
incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for the Airport or Planning
Area (herein called the "Project") consisting of the following:
Acquire 1,SOO-gallon Aircraft Rescue and
Firefighting (ARFF) vehicle,
all as more particularly described in the Project Application.
*Where the term "Sponsor" is used herein, same shall mean
"Co-sponsors."
Page 2 of 5
NOW THEREFORE, pursuant to and for the purpose of carrying out the
provisions of the Airport and Airway Improvement Act of 1982, as
amended by the Airport and Airway Safety and Capacity Expansion Act
of 1987, herein called the "Act," and/or the Aviation Safety and
Noise Abatement Act of 1979, and in consideration of (a) the
Sponsor's adoption and ratification of the representations and
assurances contained in said Project Application and its acceptance
of this Offer as hereinafter provided, and (b) the benefits to accrue
to the United States and the public from the accomplishment of the
Project and compliance with the assurances and conditions as herein
provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF
THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United
States' share of the allowable costs incurred in accomplishing the
Project, ninety percent (90%).
The Offer is made on and subject to the following terms and
conditions:
Conditions
1. The maximum obligation of the United States payable under this
offer shall be $277,704. For the purposes of any future grant
amendments which may increase the foregoing maximum obligation
of the United States under the provisions of Section S12(b) of
the Act, the following amounts are being specified for thIs
purpose:
$
$277 ,704
for planning
for airport development or noise
program implementation.
2. The allowable costs of the project shall not include any costs
determined by the FAA to be ineligible for consideration as to
allowability under the Act.
3. Payment of the United States' share of the allowable project
costs will be made pursuant to and in accordance with the
provisions of such regulations and procedures as the Secretary
shall prescribe. Final determination of the United States'
share will be based upon the final audit of the total amount of
allowable project costs and settlement will be made for any
upward or downward adjustments to the Federal share of costs.
4. The sponsor shall carry out and complete the Project without
undue delays and in accordance with the terms hereof, and such
regulations and procedures as the Secretary shall prescribe,
and agrees to comply with the assurances which were made part
of the project application.
S. The FAA reserves the right to amend or withdraw this offer at
any time prior to its acceptance by the sponsor.
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Page 3 of 5
6. This offer shall expire and the United States shall not be
obligated to pay any part of the costs of the project unless
this offer has been accepted by the Sponsor on or before
September 30, 1989, or such subsequent date as may be
prescribed in writing by the FAA.
7. The Sponsor shall take all steps, including litigation if
necessary, to recover Federal funds spent fraudulently,
wastefully, or in violation of Federal antitrust statutes, or
misused in any other manner in any project upon which Federal
funds have been expended. For the purposes of this grant
agreement, the term "Federal funds" means funds however used or
disbursed by the sponsor that were originally paid pursuant to
this or any other Federal grant agreement. It shall obtain the
approval of the Secretary as to any determination of the amount
of the Federal share of such funds. It shall return the
recovered Federal share, including funds recovered by
settlement, order or judgment to the Secretary. It shall
furnish to the Secretary, upon request, all documents and
records pertaining to the determination of the amount of the
Federal share or to any settlement, litigation, negotiation, or
other efforts taken to recover such funds. All settlements or
other final positions of the sponsor, in court or otherwise,
involving the recovery of such Federal share shall be approved
in advance by the Secretary.
8. The United States shall not be responsible or liable for damage
to property or injury to persons which may arise from, or be
incident to, compliance with this grant agreement.
Special Conditions
9. It is mutually understood and agreed that if, during the life
of the project, the FAA determines that the grant amount
exceeds the expected needs of the sponsor by $5,000 or five
(5%) percent, whichever is greater, the grant amount can be
unilaterally reduced by letter from FAA advising of the budget
change. Conversely, if there is an overrun in the eligible
project costs, FAA may increase the grant to cover the amount
of the overrun not to exceed the statutory fifteen (15%)
percent limitation and will advise the sponsor by letter of the
increase. Upon issuance of either of the aforementioned
letters, the maximum obligation of the United States is
adjusted to the amount specified.
P ag e 4 0 f 4
"The Sponsor's acceptance of this Offer and ratification and adoption of
the Project Application incorporated herein shall be evidenced by
execution of this instrument by the Sponsor, as hereinafter provided, and
this Offer and Acceptance shall comprise a Grant Agreement, as provided by
the Act, constituting the contractual obligations and rights of the United
States and the Sponsor with respect to the accomplishment of the Project
and compliance with the assurances and conditions as provided herein.
Such Grant Agreement shall become effective upon the Sponsor's acceptance
of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
~'~i~Ai~~s~~~~t Office
Name:
Title:
Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements,
representations, warranties, covenants, and agreements contained in the
the
acceptance
Offer and in
d(.J[' ~
day of ~
19 if .
Attest:
New Hanover County
~Name.;~sor)
BY:~~
(Sponsor's Designated Official
~~resentative~, 1/'/ J
~J ~~~ Title: ~~
~-Z/~~~'~
CERTIFICATE OF SPONSOR'S ATTORNEY
Title:
I,
hereby certify:
, acting as Attorney for the Sponsor do
That, in my opinion, the Sponsor is empowered to enter into the
foregoing Grant Agreement under the laws of the State of North Carolina.
Further, I have examined the foregoing Grant Agreement and the Actions
taken by said Sponsor and Sponsor's official representative has been duly
authorized and that the execution thereof is in all respects due and
proper and in accordance with the laws of the said State and the Act. In
addition, for grants involving projects to be carried out on property not
owned by the Sponsor, there are no legal impediments that will prevent
full performance by the Sponsor. Further, it is my opinion that the said
Grant Agreement constitutes a legal and binding obligation of the Sponsor
in accordance with the terms thereof.
Dated at this day
of , 19
Signature of Sponsor's Attorney
. ~
Page 5 of 5
Project No. 3-37-0084-10
Airport: New Hanover County International
Location: Wilmington, North Carolina
The Sponsor does hereby ratify and adopt all assurances, statements,
representations, warranties, covenants, and agreements contained in the
Project Application and incorporated materials referred to in the
foregoing Offer and does hereby accept this Offer and by such acceptance
agrees to all of the terms and conditions in this Offer and in the Project
Application.
Executed this
day of
, 19
New Hanover County Airport Authority
(Name of Sponsor)
(SEAL)
By
(Sponsor's Designated Official Rep.)
Title
Attest:
Title:
CERTIFICATE OF SPONSOR'S ATTORNEY
I,
hereby certify:
, acting as Attorney for the Sponsor do
That in my opinion the Sponsor is empowered to enter into the foregoing
Grant Agreement under the laws of the State of North Carolina. Further, I
have examined the foregoing Grant Agreement and the actions taken by said
Sponsor relating thereto, and find that the acceptance thereof by said
Sponsor and Sponsor's official representative has been duly authorized and
that the execution thereof is in all respects due and proper and in
accordance with the laws of the said State and the Act. In addition, for
grants involving projects to be carried out on property not owned by the
Sponsor, there are no legal impediments that will prevent full performance
by the Sponsor. Further, it is my opinion that the said Grant Agreement
constitutes a legal and binding obligation of the Sponsor in accordance
with the terms thereof.
Dated at
, this
day of
, 19
u.s. Department
of Transportation
lFedemi ,Avi@tioll'\l
AdministIi"QJ1tior\l
SEP 1 8 1989
ATLANTA AIRPORTS DISTRICT OFFICE
Suite 101
1680 Phoenix Parkway
Atlanta, Georgia 30349
The Honorable Fred Retchin
Chairman, New Hanover County
Board of Commissioners
County Administration Building, Room 305
320 Chestnut Street
Wilmington, NC 28401
Dear Mr. Retchin:
We are pleased that the Administrator has approved a tentative allocation of
$277,704 under the Fiscal Year 1989 Airport Improvement Program for the
following specific development of the New Hanover County Airport:
Acquire 1,500-gallon Aircraft Rescue and Firefighting (ARFF)
vehicle.
This allocation may be used only for the programmed items. Except for
necessary project formulation costs, such as planning/engineering and acqui-
sition of interests in land, no costs incurred prior to your execution of the
grant agreement will be considered eligible for federal participation.
This allocation was approved in consideration of your representations of
local funding availability and your ability to proceed promptly with the
project. Failure to proceed with the project under an acceptable schedule
may result in withdrawal of this allocation. Mr. Daniel Gaetan of this
office will soon meet with Mr. Felix Cooper to provide assistance in meeting
the various federal requirements for issuance of the grant agreement.
In accordance with 49 CFR Part 23, New Hanover County and the New Hanover
County Airport Authority will be required to take all necessary and
reasonable steps to insure that minority business enterprises have the
maximum opportunity to compete for and perform contracts under this project.
In this regard, you should contact our Civil Rights Staff at (404)763-7284 to
determine the status of any outstanding requirements under this part.
We look forward to working with you in the successful accomplishment of this
proj ec t.
Sincerely,
[If. ~(:,..~n~:-:-'';"?~1m'''-
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SEP 22
Me H., COUNTY AIRPORT
~~~ -+~
Samuel F. Austin
Manager
cc: North Carolina DOT
Mr. G. Felix Cooper, County Manager
Identical letter sent the Chairman, New Hanover County Airport Authority
u.s. Department
of Transportation
lFed~ml Avielii@1i'\)
Admili'\)DSill'ClI'/'iol1l
ATLANTA AIRPORTS DISTRICT OFFICE
Sui te 101
1680 Phoenix Parkway
Atlanta, Georgia 30349
SEP 1 8 1999
The Honorable Fred Retchin
Chairman, New Hanover County
Board of Commissioners
County Administration Building, Room 305
320 Chestnut Street
Wilmington, NC 28401
Dear Mr. Retchin:
Enclosed are the original and five copies of the grant offer issued in
accordance with your project application dated August 9, 1989, for Airport
Improvement Program (AlP) Project No. 3-37-0084-10, at New Hanover County
International Airport, Wilmington, North Carolina. This grant offer is in
the amount of $277,704 (from funds appropriated under the Airport and
Airway Improvement Act of 1982, as amended).
If the terms of the grant offer are satisfactory, the governing bodies of
New Hanover County and New Hanover County Airport Authority should accept
the grant offer and authorize the appropriate official to execute it.
The original and three signed copies of the grant offer must be executed on
or before September 30, 1989, and certified by your attorneys. Retain one
copy and return the original and two copies to this office.
Please certify in your letter of transmittal the person authorized to
request payments under this grant agreement. If you desire that these
payments be sent to a banking institution in lieu of your governmental
unit, you should so certify in your letter of transmittal.
Your attention is invited to certain special conditions of the grant offer
as follows:
9. The grant can be unilaterally reduced by $5,000 or five percent (5%),
whichever is greater, if the Federal Aviation Administration determines
that the grant exceeds the expected needs of the sponsor. This also
provides for an increase of fifteen percent (15%), by letter, for project
overruns.
2
As required by the laws of the State of North Carolina, appropriate
resolutions should be adopted and spread on your official minutes. For
your assistance, additional copies of the grant offer are included to
assist you in accomplishing this necessary item of business. It is not
necessary for you to furnish this office with a copy of this resolution.
Sincerely,
~~ -\:C2Rc
Samuel F. Aus tin
Manager
Enclosures
Identical letter sent the Chairman, New Hanover County Airport Authority