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HomeMy WebLinkAbout08043 RES - 06/01/1966i i'• BJW:6/t/66 , A RESOLUTION ACCEPTING THE GRANT OFFER FROM THE UNITED STATES OF AMERICA, ACTING THROUGH THE FEDERAL AVIATION AGENCY, CONCERNING THE CONSTRUCTION OF EXTENSIONS TO AIRCRAFT PARKING APRONS, INCLUDING AIRCRAFT TIEDOWNS, AT THE CORPUS CHRISTI INTERNATIONAL AIR- PORT, AND APPROVING AND ENTERING INTO THE SAID AGREEMENT; AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE MAYOR AND CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, SHALL AND THEY DO HEREBY ACCEPT A GRANT OFFER OF FEDERAL FUNDS AS MADE BY THE DIRECTOR, SOUTHWEST REGION, FEDERAL AVIATION AGENCY, UNDER DATE OF APRIL 29, 1966, FOR THE PURPOSES THEREIN SET OUT; AND THAT SAID MAYOR AND CITY COUNCIL DO HEREBY ACCEPT ALL THE TERMS, CONDITIONS, AND OBLIGATIONS THEREIN AND THEREBY IMPOSED AND BY OUR ACCEPTANCE OF SAME DO HEREBY RATIFY THE PROJECT APPLICATION AND DO HEREBY ACKNOWLEDGE SUCH INSTRUMENTS AS CONSTITUTING A SOLEMN AND BINDING AGREE- MENT WITH THE UNITED STATES GOVERNMENT, FOR THE PURPOSES OF OBTAINING FEDERAL AID IN THE DEVELOPMENT OF THE CORPUS CHRISTI INTERNATIONAL AIRPORT, AND THAT A COPY OF SUCH AGREEMENT IS ANNEXED HERETO AND MADE A PART HEREOF AS IF SET FORTH AT LENGTH HEREIN. SECTION Q. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, IS HEREBY AUTHORIZED AND DIRECTED TO EVIDENCE THE CITY'S AGREEMENT BY AFFIXING HIS SIGNATURE TO SUCH AGREEMENT, WHICH IS HEREBY EXECUTED IN QUINTUPLICATE, AND THE CITY SECRETARY IS HEREBY AUTHORIZED AND DIRECTED TO IMPRESS THE OFFICIAL SEAL OF THE CITY OF CORPUS CHRISTI, TEXAS, THEREON AND TO ATTEST SAID EXECUTION. SECTION 3. FOR THE PRESERVATION OF THE PUBLIC PEACE, HEALTH AND SAFETY, AN EMERGENCY IS HEREBY DECLARED TO EXIST BY REASON WHEREOF THIS RESOLUTION SHALL BE IN FULL FORCE FROM AND AFTER ITS PASSAGE AND APPROVAL. ablb- PASSED AND APPROVED BY A MAJORITY VOTE OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, AND APPROVED BY ME THIS 1ST DAY OF JUNE, 1966. ATTEST: MAYOR THE CITY OF CORPUS CHRISTI, TEXAS CITY UECRETARY APPROVED AS TO L FORM THIS 1ST DAY OF JUNE 1966: ITY ATTOR Page 1 of 6 FEDERAL AVIATION AGENCY GRANT AGREEMENT Part 1 -Offer Date of offer APR 2 9 1966 Corpne Mirieti internstiamel Airport Project No. 9- 4i- i5%46W contract No. FA 66 BW 7237 To: The City of Corpus, Christi, Tame (herein referred to as the "Sponsor") FROM: The United States of America, (acting through the Federal Aviation Agency, herein re- ferred to as the "FAA'I WHEREAS, the Sponsor has submitted to the FAA a Project Application dated Apr11 7, 10 , for a grant of Federal funds for a project for develop went of the Corpus Cwlou intamtional. Airport (herein called the "Airport"), together with plans and specifications for such project, 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 development of the Airport (herein called the "Project ") consisting of the following - described airport development: Construet esteaeiam to "roraft iwkLus BPS, 190, x 7+(101, 1501 x 503( ead. 150, x 1601, including a resafr: tiodaws all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; FM FORM 169E (9-62) USE PREVIOUS EDITION PAGE 1 Page 2 of b NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Federal Airport Act, as amended (49 U.S.C. 1101), 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 the operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AGENCY, 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, This Offer is made on and subject to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be $ 72,QOO.fxl. 2. The Sponsor shall: (a) begin accomplishment of the Project within MIUO y W) days after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of the United States hereunder by the FAA; (b) carry out and complete the Project without undue delay and in accordance with the terms hereof, the Federal Airport Act, and Sections 151.45- 151.55 of the Regulations of the Federal Aviation Agency (14 CFR 151) in effect as of the date of acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations"; (c) carry out and complete the Project in accordance with the plans and specifications and property map, incorporated herein, as they may be revised or modified with the approval of the FAA. 3. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 151.41 (b) of the Regula- tions. 4. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of Sections 151.57 - 151.68 of the Regulations. Final determination as to the allowability of the costs of the project will be made at the time of the final grant payment pursuant to Section 151.63 of the Regulations: Provided, that, in the event a semi -final grant payment is made pursuant to Section 151.63 of the Regulations, final determination as to the allowability of those costs to which such semi- final payment relates will he made at the time of such semi -final payment. FAA FORM 1632 (6-GS) DESTROY PREVIOUS EDITION PAGE 2 Page 3 of 6 pages 5. The Sponsor snall operate and maintain the Airport as Provided in the Project Application incorporated herein and specifically covenants and agrees, in accordance with its Assurance 4 in Part III of said Project Application, that in its operation and the operation of all facilities thereof, neither it nor any person or organization occupying space or facilities thereon will discriminate against any person or class of persons by reason of race, color; creed or national origin in the use of any of the facilities provided for the public on the airport. 6. The FAA reserves the right to emend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 7. 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 ,JUN 2 B 1966 or such subsequent date as may be prescribed in writing by the FAA. 8. In addition the Sponsor shall: (a) Incorporate or cause to be incorporated in each advertisement for bids and each contract for construction work under the project, or any modification thereof, the equal opportunity clause incorporated by reference in Section 151.54 of the Federal Aviation Regulations and as set forth in Section 6o- 1.3(b)(1) of the regulations of the President's Committee on Equal Employment Opportunity (41 CFR 60 -1); (b) Incorporate or cause to be incorporated in each advertisement for bids or proposal for construction work under the project the provisions prescribed by Section 151.54(d)(1) of the Regulations; (c) Be bound by said equal opportunity clause in any construction work under the project which it performs itself other than through its own permanent work force directly employed or through the permanent work force directly employed by another agency or government; (d) Cooperate actively with the FAA and the President's Committee on Equal Employment Opportunity in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Committee; (e) Furnish the FAA and the Committee such information as they may require for the supervision of such compliance and will otherwise assist the FAA in the discharge of its primary responsibility for securing compliance= Page 3 Page 4 of 6 pages (f) Refrain from entering into any contract or contract modification subject to Executive Order 11114 with a contractor debarred from, or who had not demonstrated eligibility for, Government contracts and Federally assisted construction contracts pursuant to Past III, subpart D of Executive order 10925; (g) Carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and sub- contractors by the FAA or the Committee pursuant to Pert III, subpart D of Executive Order 10925; and In the event that the Sponsor fails or refuses to comply with its undertakings, the FAA may cancel, terminate or suspend in whole or in part any contractual arrangements it may have with the sponsor, may refrain from extending any further assistance under any of its programs subject to Executive Order 11114 until satisfactory assurance of future compliance has been received from such applicant, or may refer the case to the Department of Justice for appropriate legal proceedings. 9. (a) The Sponsor's financial records of the project established, maintained and made available to personnel of the FAA in conformity to Section 151.55 of the Regulations of the Federal Aviation Agency (14 CFR 151) will also be available to representatives of the Comptroller General of the United States. (b) It is understood and agreed that the phrase "Section 77.23 as applied to Section 77.27, Part 77 of the Federal Aviation Regu- lations" is hereby substituted for and in lieu of the phrase "Section A of FAA Technical Standard order No. N18, or Advisory Circular (AC) No. 1505300 -1, whichever is applicable according to the currently approved airport layout plan" where it appears in paragraph 7, part III of the Project Application incorporated into the Grant Agreement. (c) It is understood and agreed that the attached Sponsor's assurances of non - discrimination in federally assisted programs of the Federal Aviation Agency, Providing the assurances required by Title VI of the Civil Rights Act of 1964 and by Part 15 of the Federal Aviation Regulations as amended, executed for and on behalf of Sponsor by Herbert W. Whitn Cit er Ci of Corms Christi, Texas under date of Aoril. 7 19 are hereby incorporated into this Grant Agreement. Page 4 Fast 5 at 4040 40t Dw W OW sutures 8uaaant to feu Cr a�q the CCwtnwticm, Part ABfnx'arnes CP the proj"t JLXUMUM ddatsd A = .+ B .is PXhDa �b s ataoci 8zid tharC the � 7, 1�* �r to =dW no �h 01, i� OU without Coat he g�i des �t,(M eft Gkgl1t$ Or S��Or ap"O for the sctillt,104 +eMIned is such aaVaMt,0. SAM 5 Page 6 of 6 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 herein- after provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by the Federal Airport Act, constituting the obligations and rights of the United States and the Spon- sor with respect to the accomplishment of the Project and the operation and maintenance of the Air- port. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useful life of the facilities developed under the Project but in any event not to exceed twenty years from the date of said acceptance. UNITED STATES OF AMERICA FEDERAL AVIATION AGENCY By .... Director, f3OU4t PF"8 F1 04P. (TITLE) Part H- Acceptance The City of COMM Chriati, Text does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this .................. day of JUNE 19 66 W. cm. OF CaEM.CM021, . ToWl. (Name of Sponsor) By ....IiTI... ......... (�+EAL) HERBERT' W. WHITNEY Title ..CI TY . MANAGER ........ .......... ...... .. Attest: .... .......... Title: ..CI.TY $ECRETgRY CERTIFICATE OF SPONSOR'S ATTORNEY I, .. 1- M.•. SI NGER.... , . ...... acting as Attorney for AP g.'it.y. 94 t3orlm. Chr3j�t3D ±tea (herein referred to as the "Sponsor") do hereby certify: That I have examined the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly auth- orized and that the execution thereof is in all respects due and proper and in accordance with the laws of the State of . T"As . .. , and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at CORPUS CHR I sTl ,.:rA) S . this _ _!sT. _ day of ....JUNE 19-66 Title CITY ATTORNEY FAA FORM 1692 (9-62) USE PREVIOUS EDMON PAW 6 1 CORPUS CHRISTI, TE S / DAY OF 19 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE^ GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR AND THE RE OLOTIONASHALL BRESOLUEDF INALLL BE READ ATE THREESMEETRINGSCOF'THE CITYT COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE ON OR REQUIREMENT RTHAN PRESENT PASS THIS ORDINANCE FINALLCOUNCI LE DATE IT I5 INTRO- DUCED, RESPECTFULLY, 0� MA OR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE! DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ; JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE