Oregon Administrative Rules
Chapter 738 - OREGON DEPARTMENT OF AVIATION
Division 125 - FINANCIAL AID TO MUNICIPALITIES (FAM) GRANT PROGRAM
Section 738-125-0050 - Grant Agreements
Universal Citation: OR Admin Rules 738-125-0050
Current through Register Vol. 63, No. 9, September 1, 2024
(1) The Department shall enter into a Grant Agreement with municipality selected to receive a FAM grant prior to distributing program funds.
(2) FAM Grant Agreements shall include the following elements:
(a) General terms of
agreement, including but not limited to:
(A)
The specific airport project receiving grant funding;
(B) Maximum dollar allocation;
(C) Effective dates of the grant;
(D) Rights to terminate the grant agreement;
(E) Inspection and reporting
requirements to verify project work and expenditures before distribution of
grant program funds; and
(F) Other
terms and conditions as specified in the Sample Grant Agreement provided with
the application packet.
(b) Municipality obligations, including but
not limited to:
(A) The cash or in-kind match
required from the municipality;
(B) A requirement that grant recipients must
maintain and operate the airport as an airport in a usable, safe, and orderly
manner at all times for a period of at least 20 years from the date of the
agreement;
(C) A financial
requirement that grant recipients must deposit all income derived from the
airport into an airport account for a period of at least 20 years from the date
of the agreement, with those funds used only for the operation, maintenance or
capital improvement of the airport;
(D) A prohibition against the applicant and
its contractors and lessees or any successor thereto granting any exclusive
right to use the airport or airport improvements, or to provide services at the
airport during the life of the agreement, or for 20 years, whichever is longer;
and
(E) A requirement that
applicant will insert provisions in future lease agreements or contracts
requiring all aircraft based at the airport to be registered with Department in
accordance with ORS 837.040. Based aircraft is
defined as those aircraft based at an airport for more than 30 days.
(c) Department's obligations,
including but not limited to:
(A) Conditions
of disbursement of grant funds including obligation to repay funds if the terms
of the agreement are not complied with; and
(B) Other Department obligations as specified
in the Sample Grant Agreement provided with the application packet.
Stat. Auth.: ORS 835.035, 835.040, 835.112
Stats. Implemented: ORS 835.015, 835.025, 836.015, 836.070, 319.020
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