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Home My WebLink AboutRES 022409-K - Agmt Control Tower & AirportRESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS IMPLEMENTING THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION POLICY NO 7210.3V (JC SUP 1) WITH REGARD TO FACILITY OPERATION AND ADMINISTRATION AND LETTERS OF AGREEMENT WITH "HOLD HARMLESS" CLAUSES; APPROVING THAT CERTAIN "GEORGETOWN TOWER AND GEORGETOWN MUNICIPAL AIRPORT LETTER OF AGREEMENT" DATED OCTOBER 25, 2007; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 9, 2009 the Georgetown Air Traffic Control Tower notified the City of Georgetown Airport Director of the issuance of a supplement to the U.S. Department of Transportation Federal Aviation Administration ("FAA") Policy No. 7210.3V (JC SUP 1), which provides as follows: JC SUPPLEMENT FOR 7210.3V "Hold Harmless" Clause: JOC SUP. Ch. 4, Para 4-3- 113 (OPR AJ02-C2): Letters of Agreement which contain a "hold harmless" clause must be accompanied by a signed resolution of the appropriate governing body (i.e., city council, board of commissioners, county supeimtendent, etc.) either adopting, approving, or authorizing certain persons to execute such agreements. This is necessary since an airport manager, as an employee of the governing body, may not have authority to obligate his employer. WHEREAS, on October 25, 2007, the City's Airport Director signed the "Georgetown Tower and Georgetown Municipal Airport Letter of Agreement," (the "Agreement") a true and correct copy of which is attached hereto as "Attachment 1;" and WHEREAS, the Agreement addresses the delineation of loading ramps and parking areas and associated responsibilities at the Georgetown Municipal Airport, and also includes a provision that states: 7. .... 1 he airport owner/operator covenants and expressly agrees that with regard to any liability which may arise from the operation on Taxiway Alpha as described herein, that party shall be solely and exclusively liable, for the neglect of it's [sic] own agents, servants and/or employees, in accordance with applicable law, and that neither party looks to the other to save or hold it harmless for the consequences of any negligence on the part of one of it's own agents, servants, and/or employees. WHEREAS, although the provision in Section 7 of the Agreement does not appear to implicate the above -quoted Supplement to FAA Policy 7210.3V, the City desires to clarify that the City Council approves the Agreement attached hereto as Attachment 1. Resolution No. 24 OR Georgetown Tower and Georgetown Municipal Airport Letter of Agreement 10/25/2007 Page 1 of 2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS that: 1. the foregoing recitals are true and correct and are incorporated herein by reference for all purposes. 2. ate "Georgetown Tower and Georgetown Municipal Airport Letter of Agreement," a true and correct copy of which is attached hereto as 'Attachment 1," is hereby approved by the City Council and the Airport Director is authorized to sign said Agreement. 3. That all resolutions or ordinances that are in conflict with the provisions of this Resolution be, and the same are hereby, repealed and all other resolutions or ordinances of the City not in conflict with the provisions of this Resolution shall remain in full force and effect. 4. If any provision of this Resolution or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are hereby declared to be severable. 5. The Mayor is hereby authorized to sign this Resolution and the City Secretary to attest. This Resolutionshall become effective immediately upon its adoption. RESOLVED this $ day of Attest: sica Hami on ssistant City Secretary Approved as to Form• THE CITY_QF GEORGETOWN: 2 By: George Garver Mayor Resolution No. s;-'agiNr'Qei— Georgetown Tower and Georgetown Municipal Airport Letter of Agreement 10/25/2007 Page 2 of 2 GEORGETOWN TOWER AND GEORGETOWN MUNICIPAL AIRPORT LETTER OF AGREEMENT EFFECTIVE: OCTOBER 25, 2007 SUBJECT: DELINEATING OF LOADING RAMPS AND PARKING AREAS AND ASSOCIATED RESPONSIBILITIES l . PURPOSE This agreerrrent between Georgetown "Power and. Georgetown Municipal Airport, delineates loading ramps. and parking areas on the Georgetown Municipal Airport and assigns jurisdictional responsibility for this areas. 2. RESPONSIBILITIES: a. Georgetown Tower is responsible for issuing instructions or advisories, as appropriate, to aircraft and/or vehicles operating in the movement areas of Georgetown Airport cepicted in Appendix 1. b. Georgetown Municipal Airport. is responsible for establishing procedures for use and operation within non movement areas which include loading ramps., parking areas and all portions of the airfield not designated as movement areas depicted in Appendix 1. a. CANCELLATION: None 4. DELINEATION OF MOVEMENT AND NON MOVEMENT AREAS Areas defined as movement and non movement areas are depicted in. Appendix I. 5. NON MOVEMENT AREA PROCFDURES- a. Aircraft and/or vehicles operating in areas delineated as loading ramps or parking areas are under the jurisdiction of Georgetown Airport.(Non movement Areas) (1) Georgetown Municipal Airport will provide procedures for aircraft and or vehicles operating in these areas. (2) The procedures established for these areas shall require by agreement or regulation, all aircraft and/or vehicles to contact Georgetown Tower prior to moving out of loading ramps or parking areas onto the movement areas. b. Airport Vehicles should find alternate routes to keep the off the runways and taxiways as much as possible. c, Require personnel unfamiliar with airport requesting to go out on the airport to be approved he Airport Manager or his representative. d. All vehicles unable to communicate with the tower shall be escorted by a vehicle capable of communicating with the tower. 6. MOVEMENT AREA PROCEDURES - a, Georgetown Tower will provide air traffic control service to aircraft and/or vehicles operating under its jurisdiction in movement areas in accordance with. appropriate FAA directives. b. Georgetown Tower may also provide information related to aircraft and/or vehicle movement on and/or in the loading ramp or parking areas. This information is advisory in nature and does not imply control responsibility. 7. MOVEMENT AREA EXCEPTIONS: Pilot's Choice and Gantt Aviation are authorized to operate on taxiway Alpha, directly adjacent to their leasehold without direct communication with the Georgetown Airport Traffic Control. Tower. These vehicles and personnel shall yield to all aircraft operating on Taxiway Alpha. The airport owner/operator covenants and expressly agrees that with regard to any liability which may arise from the operation on Taxiway Alpha as described herein, that party shall be solely and exclusively liable, for the neglect of it's own agents, servants and/or employees in accordance with applicable law, and that neither party looks to the other to save or hold itharmless for the consequences of any negligence on the part of one of it's own agents, servants and/or employees. 8. EFFECTIVE PERIOD: This agreement is effective during the publishedhours of operation of the Georgetown Airport Traffic Control Tower. Shannon Thomas Air Traffic Manager Georgetown ATCT Travis Mclain Airport Manager Georgetown Municipal Airport Aircraft may not enter Aircraft Movement Area without tower permission. c to c ro 0 Georgetown Tennis Center Georgetown Municipal Airport Private Rd Hedgewood D rrnaL Legend Aircraft Movement Area Aircraft Non -Movement Area Control Tower Main Terminal Runway Taxiway Paved Roads Closed Road Building Paved Area Fence Basque Tr} q abin-s Ct Georgetow Fire Station n Airport ndustriai Park le P a 0 1,000 Feet