By Jim Cummins
Aviation Division
The term “compliance” refers to an airport owner’s responsibility to comply with the term and conditions of Texas Department of Transportation (TxDOT) airport improvement or planning grant contracts. Notice the use of the word “contracts” in that sentence. Airport grants are actually legal and binding contracts executed between an airport owner such as the local city or county government, usually referred to as the “Sponsor,” and the State of Texas. These contracts contain their share of “whereas’s” and therefores” just like any other contract which explains the amount of the grant and the specific improvements to be accomplished. They also contain other sections that list the terms and conditions placed on each party.
The terms and conditions which apply to the sponsor are contained in a section titled “Sponsor Responsibilities.” The section begins, “In accepting this Agreement, the Sponsor guarantees that … ” and goes on to list certain things the sponsor guarantees it will or will not do. These are often referred to as the “Sponsor Assurances” and are included in the contracts for several reasons; the most fundamental reason being safety. Each airport must be constructed, operated, maintained and improved with safety in mind.
While safety is certainly paramount in the operation and development of an airport, the sponsor assurances also address issues such as the ownership and control of the airport property, discrimination, exclusive rights, non-aeronautical use, aircraft access from adjacent property, use of fees collected on the airport, operation of airport lighting and hazard zoning. Some of these are based on safety, some on public access and others on the sponsor’s ability to control the airport.
Different sponsor assurances may be inadvertently overlooked or perhaps not completely understood, so over the next several issues of Wingtips we plan to offer an ongoing series of articles addressing one or more of the sponsor assurances in each issue. The next issue will address the sponsor’s obligation to establish and maintain ownership and control of the airport property, including how to request unused or unnecessary parcels be removed from these obligations. It is hoped that this series of articles will answer any lingering questions pertaining to the sponsor assurances. Look for another article under “Airport Compliance Matters” in the next issue of Wingtips.
