HomeMy WebLinkAbout09296 ORD - 03/26/1969BJw:3/25/69
AN ORDINANCE
ACCEPTING A GRANT OFFER AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE SANE, ATTESTED BY THE CITY
SECRETARY, A COPY OF WHICH AGREEMENT IS ATTACHED
HERETO AND MADE A PART HEREOF; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THAT THE CITY OF CORPUS CHRISTI DOES HEREBY ACCEPT
A GRANT OFFER OF FEDERAL FUNDS AS MADE BY THE AREA MANAGER, HOUSTON AREA,
FEDERAL AVIATION ADMINISTRATION, UNDER DATE OF MARCH 21, 1969, FOR THE PUR-
POSES THEREIN SET OUT AND BY SAID ACCEPTANCE RATIFIES THE PROJECT APPLICA-
TION AND ACKNOWLEDGES SAID AGREEMENT AS CONSTITUTING A SOLEMN AND BINDING
AGREEMENT WITH THE UNITED STATES GOVERNMENT, FOR THE PURPOSES OF OBTAINING
FEDERAL AID IN THE DEVELOPMENT OF THE CORPUS CHRISTI INTERNATIONAL AIRPORT
A COPY OF WHICH GRANT AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED
TO EXECUTE THE ACKNOWLEDGMENT TO THE CITY'S AGREEMENT 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. THAT THE NECESSITY FOR IMMEDIATE ACTION IN CONNEC-
TION WITH THE ACCEPTANCE OF SAID GRANT AGREEMENT, AND COMMENCEMENT OF
IMPROVEMENTS TO BE FINANCED PARTLY BY OBTAINING FEDERAL AID AS SOON AS
POSSIBLE, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY
REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLU-
TION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH
ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY
COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST,
AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDI-
NANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND
BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY
SO ORDAINED, THIS THE � DAY OF MARCH, 1969.
ATTEST:
CIT SECRET RY O
APPROVED: :^ OF MARCH, 19 THE CITY OF CORPUS CHRISTI, TEXAS
CITY ATTORNEY
9.29-
• �i
CORPUS CHRISTI, AS
40� DAY OF /V
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCILS I, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY,
��Aq klt�6�'ll
LJ/ jAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JACK R. BLACKMON�
BONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR. C
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS � �� /✓
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS
0
Page 1 of '(0s
DEPAMMU OF TRAITSPORT,ATION
FEDERAL AVIATION XGUM= ArKUTISTRATION
GRANT AGREEMENT
Part 1 -Offer
Date of Offer MAR 2 1 7969
Corpus Christi International Airport
Project No. 9 -41- 156 -C 907.
Contract No. DOT FA 69 m7 -5014
TO: The City of Corpus Christi, Texas
(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 ")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated
February 24, 1969 , for a grant of Federal funds for a project for develop-
ment of the Corpus Christi, International 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:
Strengthen Runway 17/35 (4500' x 150') and associated Taxiways
AI C ' D, E, Fr M and N; construct extension to Runway 17/35
(1400') from 4500' to 5900' x 150', extension to parallel Taxi-
way "A" (700' x 75') and construct Taxiway "T" (790' x 751); install
medium intensity lighting on extension to Runway 17/35 (14001),
extension to parallel Taxiway "A" (700') and Taxiway "T" (790');
perform runway and Taxiway marking incidental to paving,
all as more particularly described in the property map and plans and specifications incorporated in
the said Project Application;
FAA FORM 1632 (3-S2) USE PREVIOUS EDITION PAGE i
Page 2 of *s
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Federal
Airport Act, as amended (49 U.S.C. ]101), 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,
50 per centum of all alloirable project costs.
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
$ 607,000.00
2. The Sponsor shall:
(a) begin accomplishment of the Project within ninety (90) 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 - 151.63 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 be made at the time of such semi -final payment.
FAA FORM 1632 (6.63) OE6TROY PREVIOUS EDITION PAGE 2
Page 3 of 7 pages
5. The Sponsor shall 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 amend 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 MAR 31 1969
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 contract for
construction work under the project, or any modification thereof,
the equal opportunity clause as set forth in Appendix 1 attached
hereto, or such modification thereof as may be approved by the
Secretary of labor pursuant to the provisions of Executive Order
No. 11246 of September 24, 1965-
(b) Incorporate or cause to be incorporated in each bid or proposal
form submitted by prospective contractors for construction work
under the project the provisions prescribed by Section 60- 1.7(b)(1)
and 60- 1.8(b) of the Regulations issued by the Secretary of Labor
(33 F. R. 7804, 41 cFR Part 60_l).
(c) Be bound by said equal opportunity clause in any Federally assisted
construction work in which it participates.
(d) cooperate actively with the FAA and the Secretary of Labor in
obtaining the compliance of contractors and subcontractors with
the equal opportunity clause and the rules, regulations, and
relevant orders of the Secretary of Labor.
(e) Furnish the FAA and the Secretary of Labor such information as they
may require for the supervision of such compliance and will other-
wise assist the FAA in the discharge of its primary responsibility
for securing compliance.
Page 3
Page 4 of 7 pages
(f) Refrain from entering into any contract or contract modification
subject to Executive Order No. 11246 with a contractor debarred
from, or who has not demonstrated eligibility for, government
contracts and Federally assisted construction contracts pursuant
to Part II, Subpart D of Executive Order No. 11246.
(g) Carry out such sanctions and penalties for violation of the
equal opportunity clause as may be imposed upon contractors
and subcontractors by the FAA and the Secretary of Labor
pursuant to Part II, Subpart D of Executive Order No. 11246;
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 arrangement it may have with
the sponsor, may refrain from extending any further assistance
under any of its programs subject to Executive Order 11246 until
satisfactory assurance of future compliance has been received
from such applicant, or my 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
Regulations" is hereby substituted for and in lieu of the phrase
"Section A of FAA Technical Standard Order No. N18, or Advisory
Circular (AC) No. 150/5300 -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 Sponsor's assurances of
non - discrimination in federally assisted programs of the Federal
Aviation Administration providing the assurances required by
Title VI of the Civil Rights Act of 1964 and by Part 15 of the
Federal Aviation Regul.ations•as amended, executed for and on behalf
of Sponsor by R. Marvin Townsend, City Manager,
Corpus Christi, Texas under date of February 24, 1959
as —e -reby Trieorpora ed into this Grant Agreement.
Page 4
Page 5 of 7
(d) It is understood and agreed that the terms "Administrator of the
Federal Aviation Agency," "Administrator" or "Federal Aviation
Agency" wherever they appear in this Agreement, in the Project
Application, plans and specifications or other documents
constituting a part of this Agreement shall be deemed to mean
the Federal Aviation Administrator or the Federal Aviation
Administration as the case may be.
(e) liotwithstanding the provision of Paragraph 3, Part III, of the
Project Application, the sponsor -
(1) Will not grant or permit any exclusive right forbidden by
' Section 308(a) of the Federal Aviation Act of 1958 (49 U.S.C.
1349 (a)) at the airport, or at any other airport now or
hereafter owned or controlled by it;
(2) Agrees that, in furtherance of the policy of the FAA under
this covenant, unless authorized by the Administrator, it
will not, either directly or indirectly, grant or permit
any person, firm or corporation the exclusive right at the
airport, or at any other airport now or hereafter owned or
controlled by it, to conduct any aeronautical activities,
including, but not limited to, charter flights, pilot
training, aircraft rental and sigbtseeing, aerial photo -
grapby, crop dusting, aerial advertising and surveying, air
carrier operations, aircraft sales and services, sale of
aviation petroleum products whether or not conducted in
conjunction with other aeronautical activity, repair and
maintenance of aircraft, sale of aircraft parts, and any
other activities which because of their direct relationship
to the operation of aircraft can be regarded as an aero-
nautical activity;
(3) Agrees that it will terminate any existing exclusive right
to engage in the sale of gasoline or oil, or both, granted
before July 17, 1962, at such an airport, at the earliest
renewal, cancellation, or expiration date applicable to
the agreement that established the exclusive right; and
(4) Agrees that it will terminate any other exclusive right
now existing at such an airport before the grant of any
assistance under the Federal Airport Act.
Page 6 of 7 pages
(f) The Federal Government does not now plan or contemplate the
construction of any new structures pursuant to paragraph 9
of Part III - Sponsor's Assurances of the Project Application,
dated February 24, 1969 and therefore it is understood and
agreed that the Sponsor is under no obligation to furnish any
such areas or rights under this Grant Agreement. However,
nothing contained herein shall be construed as altering or
changing the rights of the United States and /or the obligations
of the Sponsor under prior Grant Agreements to furnish cost
free areas of land and /or buildings for the activities specified-
in such agreements.
(g) It is understood and agreed that the Sponsor's assurances for the
operation of the airport lighting installed under federally assisted
programs of the Federal Aviation Administration, providing the
assurances required by Part 151 of the Federal Aviation Regulations
as amended, executed for and on behalf of sponsor by R. Marvin
Toynsend, City Manager, under date of February 24, 1969, are
hereby incorporated into this Grant Agreement.
10. It is mutually understood and agreed that the United States will not
make final payment of the allowable cost of this project until the
Sponsor has submitted satisfactory evidence that the airport imaginary
surfaces as defined in Section 77.25 and 77.27, Subpart C, Part 77
of the Federal Aviation Regulations published in the Federal Register
February 10, 1965, (30 F.R. 1837) have been protected by the adoption
of a zoning ordinance and regulations or by securing avigation ease-
ments or otherwise prohibiting the creation, establishment, erection
or construction in such areas of obstructions to air navigation to
the extent provided for in such Regulations or approved by the Adminis-
trator as sufficient in the case of this particular airport. It is
further understood and agreed that if the imaginary surfaces shall
have been protected by the acquisition of avigation easements or other
interests in land, the assumption of this obligation shall not operate
to bar inclusion of such acquisition in a subsequent project.
Page 6
i 7
Page :1 of 7108
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
! ACTING Otaxager, By,- Houeton.Area_
(TITLE)
Part II- Acceptance
The City of Corpus Christi, Texas 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 ............................... 19......
„ ¢M QF,QCRFUS,CHRISTI,.TEXAS.....
(Name of Sponsor)
By............................. ...... .
(SEAL)
Title... ...............................
Attest: ................................
Title:... ...............................
CERTIFICATE OF SPONSOR'S ATTORNEY
I, ., acting as Attorney for . the. City, of. Corpus .Christi,_ Texas
(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 Texas .... , 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 ........................... this ....... day of ....................... , 19
Title......................... .. .
FAA FORM 1632 (3 -62) USE PREVIOUS EDITION PAGE 4
APPENDIX 1
The Sponsor hereby agrees that it will incorporate or cause to be incorporated
into any contract for construction work, or modification thereof, as defined in
the regulations c?f the Secretary of labor at 41 CFR Chapter 60, which is paid for
in whole or in part with funds obtained from the Federal Government or borrowed
on the credit of the Federal Government pursuant to a grant, contract, loan,
insurance, or guarantee, or undertaken pursuant to any Federal program involving
such grant, contract, loan, insurance, or guarantee, the following equal oppor-
tunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant
for employment because of race, creed, color, or national origin. The contractor
will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, creed, color,
or national origin. Such action shall include, but not be limited to the f6llozr-
ing: Employment, upgrading, demotion, or transfer, recruitment or recuitment
advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for..training, including apprenticeship. The contractor agrees to
Post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination
clause.
(2) The contractor will, in all solicitations or advertisements for employees
placed by or on behalf of *the contractor, state that all qualified applicants will
receive consideration for employment without regard to race, creed, color, or
national origin.
(3) The contractor will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or under-
standing, a notice to be provided advising the said labor.union or workers'
representatives of the contractor's commitments under this section, and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246
of September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of labor.
(5) The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders
of the Secretary of labor, or pursuant thereto, and will permit access to his
books, records, and accounts by the administering agency and the Secretary of
labor for purposes of investigation to accertain compliance with such rules,
regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders,
this contract may be canceled, terminated, or suspended in whole or in part and
the contractor may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures authorized
in Executive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of labor, or as otherwise
provided by law.
(7) The contractor will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of
the Secretary of Labor issued pursuant to section 204 of Executive Order 11246
of September 24, 1965, so that such provisions will be binding upon each sub-
contractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means
Of enforcing such provisions, including sanctions for noncompliance: Provided,
however, That in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by
the administering agency, the contractor may request the United States to enter
into such litigation to protect the interests of the United States.
' The Sponsor further agrees that it will be bound by the above equal oppor-
tunity clause with respect to its own employment practices when it participates
in federally assisted construction work: Provided, That if the Sponsor so
participating is a State or local government, the above equal. opportunity clause
is not applicable to any agency, instrumentally or subdivision of such government
which does not participate in work on or under the contract.
The Sponsor agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of
contractors and subcontractors with the equal opportunity clause and the rules,
regulations, and relevant orders of the Secretary of Labor, that it will furnish
the administering agency and the Secretary of Labor such'informa.tion as they may
require for the supervision of such compliance, and that it will otherwise assist
the administering agency in the discharge of the agency's primary responsibility
for securing compliance.
The Sponsor further agrees that it will refrain from entering into any contract
Of contract modification subject to Executive Order 11246 of September 24, 1965,
with a contractor debarred from, or who has not demonstrated eligibility for,
Government contracts and federally assisted construction contracts pursuant to
the Executive order and will carry out such sanctions and penalties for violation
Of the equal opportunity clause as may be imposed upon contractors and subcontrac-
tors by the administering agency or the Secretary of Labor pursuant to Part II,
Subpart D of the Executive order. In addition, the Sponsor agrees that if it
fails or refuses to comply with these undertakings, the administering agency may
take any or all of the following actions: Cancel, terminate, or suspend in whole
or in part this grant (contract, loan, insurance, guarantee); refrain from extend-
ing any further assistance to the Sponsor under the program with respect to which
the failure or refund occurred until satisfactory assurance of future compliance
has been received from such Sponsor; and refer the case to the Department of
Justice for appropriate legal proceedings.
•
Fotm Approved.
Budget Bureau No. 04- 8000.4. •_
UNITED SPATES OF AMERICA
FEDERAL AVIATION AGENCY
PROJECT APPLICATION
(For Federal Aid for Development of Public Airports)
Part d— PROJECT INFORMATION
The City of Coxpus Christi, Texas (herein called
the "Sponsor ") hereby makes application to the Federal Aviation Agency (hereinafter
called the "FAA "), for a grant of Federal funds pursuant to the Federal Airport Act
and the Regulations issued thereunder, for the purpose of aiding in financing a project
(herein called the "Project ") for development of the Corpus Christi
International Airport (herein called the "Airport ") located
in Corous Christi
State of Texas
It is proposed that the Project consist of the following- described airport develop-
ment:
1. Strengthen runway 1735 (4500' x 150') and associated
taxiways A, C, D, E, F, M and N;
2. Extend and light runway 11/35 (11+00 from 4500' to 5900' x 150',
and parallel taxiway "A" (700' x 75');
3• Construct and light taxiway "T" (790' x 75');
4. Perform runway and taxiway marking incidental to paving.
all as more particularly described on the property map attached (i�ereto as Exhibit
"A ")• (as Exhibit "A" to Project Application dated may 7, 1966 for
Project No. 9-41- 156 -0606 ) • and in the plans and specifications sub-
mitted to the FAA on February 17 1969 which are
made a part hereof.
-Strike out the Laapproprlato clause.
FAA Form 1624 Pap 1 (9.9) OBSOLETE PREVIOUS EDITION (5100)
Part II— REPRESENTATIONS
The Sponsor hereby represents and certifies as follows:
I. Legal Authority. —The Sponsor has the legal power and authority: (1) to do all
things necessary in order to undertake and carry out the Project in conformity with the
Act and the Regulations; (2) to accept, receive, and disburse grants of funds from the
United States in aid of the Project, on the terms and conditions stated in the Act and the
Regulations; and (3) to carry out all of the provisions of Parts III and IV of this Project
Application.
2. Funds. —The Sponsor now has on deposit, or is in a position to secure,
$ 1,028,745 for use in defraying the costs of the Project. The present status of
these funds is as follows :
Funds are presently in the form of approved Airport Improvement Bonds on
hand with the proposed sale of the Bonds to be held on Mrch 25, 1969.
3. Compatible Land Use. —The Sponsor has taken the following actions to assure
compatible usage of land adjacent to or in the vicinity of the airport:
1. Will amend existing aerial zoning ordinance to include proposed development.
2. Has consulted with local planning agencies and will maintain liaison with
these agencies to prevent the construction, erection, or installation of
facilities or the operation thereof in the vicinity of the airport which
would be incompatible with aircraft operations.
FAA Form 1624 Page 2 )aaa) cs)oo,
aiu we ee.aeax
Posa
THE FOLLOWING IS A SUMMARY OF THE ESTIMATED COSTS OF THE PROJECT:
ESTIMATED
ESTIMATED
TOTAL
SPONSORS SHARE
FEDERAL SHARE
ITEM
ESTIMATED
OF COST
OF COST
COST
AMOUNT
PER-
CENT
AMOUNT
PER-
CENT
1. LAND COSTS
0
0
0
2. CONSTRUCTION COSTS
1,313,000
3. ENGINEERING AND
SUPERVISION COSTS
183,320
4. ADMINISTRATIVE COSTS
8,125
b. Total of 2, 3, and 4
above
1,5o4,445
946,195
558,250
6. CONTINGENCIES
131, 300
82,550
48,750
.
7. TOTAL ALL ESTIMATED
' 'v` ='�•'
e
PROJECT COSTS .
(Items 1, 5, and 6)
1,635,745
1,028,745
607,000
Part II— REPRESENTATIONS
The Sponsor hereby represents and certifies as follows:
I. Legal Authority. —The Sponsor has the legal power and authority: (1) to do all
things necessary in order to undertake and carry out the Project in conformity with the
Act and the Regulations; (2) to accept, receive, and disburse grants of funds from the
United States in aid of the Project, on the terms and conditions stated in the Act and the
Regulations; and (3) to carry out all of the provisions of Parts III and IV of this Project
Application.
2. Funds. —The Sponsor now has on deposit, or is in a position to secure,
$ 1,028,745 for use in defraying the costs of the Project. The present status of
these funds is as follows :
Funds are presently in the form of approved Airport Improvement Bonds on
hand with the proposed sale of the Bonds to be held on Mrch 25, 1969.
3. Compatible Land Use. —The Sponsor has taken the following actions to assure
compatible usage of land adjacent to or in the vicinity of the airport:
1. Will amend existing aerial zoning ordinance to include proposed development.
2. Has consulted with local planning agencies and will maintain liaison with
these agencies to prevent the construction, erection, or installation of
facilities or the operation thereof in the vicinity of the airport which
would be incompatible with aircraft operations.
FAA Form 1624 Page 2 )aaa) cs)oo,
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e 7
4. Approvals of Other Agencies. —The Project has been approved by all non- FedPagez
agencies whose approval is required, namely:
None.
B. Defaults. —The Sponsor is not in default on any obligation to the United States or
any agency of the United States Government relative to the development, operation, or
maintenance of any airport, except as stated herewith:
None
6. Possible Disabilities. —There are no facts or circumstances (including the exist-
ence of effective or proposed leases, use agreements, or other legal instruments affecting
use of the Airport or the existence of pending litigation or other legal proceedings)
which in reasonable probability might make it impossible for the Sponsor to carry out
and complete the Project or carry out the provisions of Parts III and IV of the Project
Application, either by limiting its legal or financial ability or otherwise, except as follows:
None
7. Land. —(a) The Sponsor holds the following property interest in the following
areas of land' which are to be developed or used as part of or in connection with the Air-
port, subject to the following exceptions, encumbrances, and adverse interests, all of which
areas are identified on the aforementioned property map designated as Exhibit "A ":
Tracts 3, 41, 5p 6, 71 8, g, 10, 22, and 12 - fee simple title - except
for mineral estate - with appropriate subordination of minerals and
easements so that these will not interfere with the project or airport.
Tract 13 - Avigation easement.
The Sponsor further certifies that the above is based on a title examination by a qualified
attorney or title company and that such attorney or title company has determined that
the Sponsor holds the above property interests.
'sate character of DroPe ty Interest In each area and list and Identify for each all exception encumbrances. and
adverse Interests of every 61nd and nature. Including liens, a ssmerm leases, etc. The separate areas of land need
only he he Idenurled here by the area numbers shown on then property map.
FAA Form 1624 Page 3 (9k) (5100)
FAA A,.e4e9.
• Page 4
(b) The Sponsor will acquire within a reasonable time, but in any event prior to
the start of any construction work under the Project, the following property interest in
the following areas of land' on which such constncction work is to be performed, all of
which areas are identified on the aforementioned property map designated as Exhibit
A":
None,
(c) The Sponsor will acquire within a reasonable time, and if feasible prior to the
completion of all construction work under the Project, the following property interest in
the following areas of land' which are to be developed or used as part of or in connection
with the Airport as it will be upon completion of the Project, all of which areas are iden-
tified on the aforementioned property map designated as Exhibit "A ":
None.
'Bate character of prop ty Interest In each area and list and Identify for each all exception% encumbrances, and
adverse Interests of every kind and nature. Including Ilene, easementa, leases, etc. The separate areas of land need
only be Identlfled here by the area numbers shown on the property map.
FAA Form 1624 Page 4 (9 -") (5100)
Part III — SPONSOR'S ASSURANCES g 5
In order to furnish the assurances required by the Act and
Regulations the Sponsor hereby covenants and agrees with the
United States, as follows:
1. These covenants shall become effective upon acceptance
by the Sponsor of an offer of Federal aid for the Project or
any portion thereof, made by the FAA and shall constitute a
part of the Grant Agreement thus formed. These covenants
shall remain in full force and effect throughout the useful life
of the facilities developed under this Project, but in any event
not to exceed twenty (20) years from the date of said accept-
ance of an offer of Federal aid for the Project.
2. The Sponsor will operate the Airport as such for the
use and benefit of the public. In furtherance of this covenant
(but without limiting its general applicability and effect), the
Sponsor specifically agrees that it will keep the Airport open
to all types, kinds, and classes of aeronautical use without dis-
crimination between such types, kinds, and classes: Provided,
That the Sponsor may establish such fair, equal, and not un-
justly discriminatory conditions to be met by all users of the
Airport as may be necessary for the safe and efficient opera-
tion of the Airport; And Provided Further, That the Sponsor
may prohibit or limit any given type, kind, or class of aero-
nautical use of the Airport if such action is necessary for the
safe operation of the airport or necessary to serve the civil
aviation needs of the public.
3. The Sponsor will not grant or permit any exclusive right
for the use of the airport forbidden by Section 308 of the
Federal Aviation Act of 1958, and will otherwise comply with
all applicable laws. In furtherance of this covenant (but with-
out limiting its general applicability and effect), the Sponsor
specifically agrees that, unless authorized by the Adminis-
trator, it will not, either directly or indirectly, grant or permit
any person, firm, or corporation the exclusive right for the
conduct of any aeronautical activities on the Airport, includ-
ing but not limited to, charter flights, pilot training, aircraft
rental and sightseeing, aerial photography, crop dusting,
aerial advertising and surveying, air carrier operations, air-
craft sales and services, sale of aviation petroleum products
whether or not conducted in conjunction with other aeronauti-
cal activity, repair and maintenance of aircraft, sale of air-
craft parts, and any other activities which because of their
direct relationship to the operation of aircraft can be regarded
as an aeronautical activity: Provided, That the prohibition
against the grant or permit of an exclusive right as set forth
herein in no way alters the rights or obligations of the Sponsor
under a surplus property instrument of transfer pursuant to
which surplus property was conveyed to the Sponsor by the
United States pursuant to the Surplus Property Act of 1944,
(61 Stat. 678), as amended.
4. The Sponsor agrees that it will operate the Airport for
the use and benefit of the public, on fair and reasonable
terms, and without unjust discrimination. In furtherance of
this covenant (but without limiting its general applicability
and effect), the Sponsor specifically covenants and agrees:
a. That in its operation and the operation of all facilities
on the airport, neither it nor any person or organization
occupying space or facilities thereon will discriminate
against an}, person or class of persons by reason of race,
color, creed, cr national origin in the use of any of the fa-
cilities provided for the public on the AYrport.
b. That in any agreement, contract, lease, or other ar-
rangement under which a right or privilege at the Airport
is granted to any person, firm, or corporation to render to
the public any service (including the furnishing or sale of
any aeronautical parts, materials, or supplies) essential to
the operation of aircraft at the Airport, the Sponsor will
insert and enforce provisions requiring the contractor:
(1) to furnish said service on a fair, equal, and not
unjustly discriminatory basis to all users thereof,
and
(2) to charge fair, reasonable and not unjustly dis-
criminatory prices for each unit or service; Pro-
video, That the contractor may be allowed to make
reasonable and nondiscriminatory discounts, re=
bates, or other similar types of price reductions to
volume purchasers.
c. That it will not exercise or grant any right or priv-
ilege which would operate to prevent any person, firm, or
corporation operating aircraft on the Airport from per-
forming any services on its own aircraft with its own em-
ployees (including, but not limited to maintenance and re-
pair) that it may choose to perform.
d. In the event the Sponsor itself exercises any of the
rights and privileges referred to in subsection b, the serv-
ices involved will be provided on the same conditions as
would apply to the furnishing of such services by contme-
tors or concessionaires of the Sponsor under the provisions
of such subsection b.
6. Nothing contained herein shall be construed to prohibit
the granting or exercise of an exclusive right for the furnish-
ing of nonaviat(on products and supplies or any service of a
nonaeronautical nature or to obligate the Sponsor to furnish
any particular nonaeronautical service at the Airport.
6. The Sponsor will operate and maintain in a safe and
serviceable condition the Airport and all facilities thereon
and connected therewith which are necessary to serve the
aeronautical users of the Airport other than facilities owned
or controlled by the United States, and will not permit any
activity thereon which would interfere with its use for air -
ppoort purposes: Provided, That nothing contained herein shall
be construed to require that the Airport be operated for aero-
nautical uses during temporary periods when snow, flood, or
other climatic conditions interfere with such operation and
maintenance; And Provided Further, That nothing herein
shall be construed as requiring the maintenance, repair, res-
toration or replacement of any structure or facility which is
substantially damaged or destroyed due to an act of God or
other condition or circumstance beyond the control of the
Sponsor.
FAA Form 1624 Page 5 (9.a4) (sloo
•
7. Insofar as it hi within its power and reasonably possible,
the Sponsor will, either by the - acquisition and retention of
easements or other interests in or rights for the use of land
or airspace or by the adoption and enforcement of zoning
regulat�one, prevent the construction, erection, alteration, or
growth of any structure, tree, or other object in the approach
areas of the runways of the Airport, which would constitute
an obstruction to air navigation according to the criteria or
standards prescribed in Section A of FAA Technical Stand.
ard Order No. N18, or Advisory Circular (AC) No. 150/6300-
1, whichever Is applicable according to the currently approved
airport layout plan. In addition, the Sponsor will not erect
or Kermit the erection of any permanent structure or facility
which would interfere materially with the use, operation, or
future development of the Airport, in any portion of a run-
way a preach area in which the Sponsor has acquired, or may
hereai�ter acquire, property interests permitting it to so con-
trol the use made of the surface of the land.
8. All facilities of the Airport developed with Federal aid
and all those usable for the landing and taking off of aircraft,
will be available to the United States at all times, without
charge, for use by military and -naval aircraft in common
with other aircraft except that if the use by military and
naval aircraft is substantial, a reasonable share, proportional
to such use, of the cost of operating and maintaining facilities
so used, may be charged. Unless otherwise determined by the
FAA, or otherwise agreed to by the Sponsor and the using
s�ency, substantial use of an airport by military and naval
aircraft will be considered to exist when operations of such
aircraft are in excess of those which, in the opinion of the
FAA, would unduly interfere with use of the landing area by
other authorized aircraft, or during any calendar month that:
a. Five (5) or more military or naval aircraft are regu-
larly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each land-
ing as a movement and each takeoff as a movement) of
military or naval aircraft is 300 or more, or the gross ac-
cumulative weight of military or naval aircraft using the
Airport (the total movements of military or naval aircraft
multiplied by gross certified weights of such aircraft) is
in excess of five million pounds.
9. Whenever so requested by the FAA, the Sponsor will
furnish without cost to the Federal Government, for construc-
tion, operation and maintenance of facilities for air traffic
control activities, or weather reporting activities and com-
munication activities related to air traffic control, such areas
of land or water, or estate therein, or rights in buildings of
the Sponsor as the FAA may consider necessary or desirable
for construction at Federal expense of space or facilities for
such purposes. The approximate amounts of areas and the
nature of the property interests and /or rights so required
will be set forth in the Grant Agreement relating to the Pro
eet Such areas or any portion thereof will be made available
as provided herein within 4 months after receipt of written
request from the FAA.
10. The Sponsor will furnish the FAA with such annual
or special airport financial and operational reports as may
be reasonably requested. Such reports may be submitted on
forms furnished by the FAA, or may be submitted in such
Porn E
manner as the Sponsor elects so long as the, essentta are
furnished. The Airport and all airport records and documents
affecting the Airport, mcluding deeds, leases, operation and
use agreements, regulations, and other instruments, will be
made available for inspection by any duly authorized repre-
sentative of the FAA upon reasonable request The Sponsor
will furnish to the FAA, upon request, a true copy of any
such document.
11. The Sponsor will not enter into any transaction which
would operate to deprive it of any of the rights and powers
necessary to perform any or all of the covenants made herein,
unless by such transaction the obligation to perform all such
covenants is assumed by another public agency found by the
FAA to be eligible under the Act and Regulations to assume
such obligations and having the power, authority, and finan-
cial resources to carry out all such obligations. If an arrasge
went is made for management or operation of the Airport by
any agency or person other than the Sponsor or an employee
of the Sponsor, the Sponsor will reserve sufficient rights and
authority to insure that the Airport will be operated and
maintained in accordance with the Act, the Regulations, and
these covenants.
12. The Sponsor will keep up to date at all times an airport
layout plan of the Airport showing (1) the boundaries of the
Airport and all proposed additions thereto, together with the
boundaries of 'all offsite areas owned or controlled by the
Sponsor for airport purposes, and proposed additions thereto;
(2) the location and nature of all existing and proposed air-
port facilities and structures (such as runways, taxiways
aprons, terminal buildings, hangars, and roads), including alf
proposed extensions and reductions of existing airport facili-
ties; and (t4) the location of all existing and proposed non-
aviation areas and of all existing, improvements thereon. Such
airport layout plan, and each amendment, revision, or modi-
fication thereof, shall be subject to the approval of the FAA,
which approval shall be evidenced by the signature of a duly
authorized representative of the FAA on the face of the air-
port layout plan. The Sponsor will not make or permit the
making of any changes or alterations in the Airport or any
of its facilities other than in conformity with the airport lay-
out plan as so approved by the FAA, if such changes or al-
terations might adversely affect the safety, utility, or effi-
ciency of the Airport.
13. Insofar as is within its power and to the extent reason-
able, the Sponsor will take action to restrict the use of land
adjacent to or in the immediate vicinity of the Airport to
activities and purposes compatible with normal airport opera.
tions including landing and takeoff of aircraft.
14. If at any time it is determined by the FAA that there
is any outstanding right or claim of right in or to the Airport
property, other than those set forth in Part II, paragraphs
7(a), 7(b), and 7(c), the existence of which creates an undue
risk of interference with the operation of the Airport or the
performance of the covenants of this Part. the Sponsor will
acquire, extinguish, or modify such right or claim of right
in a manner acceptable to the FAA.
15. Unless the context otherwise requires, all terms used
in these covenants which are defined In the Act and the
'Regulations shall have the meanings assigned to them therein.
FAA Form 1624 Page 6 cam, (3100)
rr.e ac -
•Part IV—PROJECT AGREEMENT Page 7
If the Project or any portion thereof is approved by the FAA, and an offer of Fed-
eral aid for such approved Project is accepted by the Sponsor, it is understood and agreed
that all airport development included in such Project will be accomplished in accordance
with the Act and the Regulations, the plans and specifications for such development, as
approved by the FAA, and the Grant Agreement with respect to the Project.
IN WITNESS WHEREOF, the Sponsor has caused this Project Application to be duly
executed in its name, this 24th _ day of _February M 69
_City of Corpus Christi, Texas
(Namc of Sponsor)
$SDK -z �Gt/ LrJC1�d .X.
City Manager
/Tiff¢)
OPINION OF SPONSOR'S ATTORNEY
I HEREBY CERTIFY that all statements of law
made in this Project Application and all legal
conclusions upon which the representations and
covenants contained herein are based, are in
my opinion true and correct.
—CITY Arlmi IEY-
(Tifk)
(D e1
FAA Form 1624 Page 7 (9-., (5100)
SPONSOR ASSURANCE TO ACCOMPANY PROJECT APPLICATION DATED
FOR A GRANT OF FUNDS FOR THE DWELOF.ffiT' OR IMPROVEMENT OF THE
CORPUS CHRISTI INPMIkTIONAL AIRPORT
Operation of Lights Installed under Federally - assisted Programs
of the M. In order to furnish the assurances required by Part 151
of the Federal Aviation Regulations as amended, the CITY OF
CORPUS CHRISTI, TEXAS (hereinafter called the "Sponsor ")
hereby covenants and agrees with the United States (hereinafter called
the "Government ") as follows:
The Sponsor in the operation and use of the CORPUS CHRISTI
INTERNATIONAL. Airport, acknowledges its awareness of the cost of
operating and maintaining airport lighting and agrees to operate the
airport lighting installed (or to be installed under this project)
throughout each night of the year.
Noncompliance with the above assurances shall constitute a material
breach, and in the event of such noncompliance the Government may take
appropriate action to enforce compliance, may terminate the Grant Agree-
ment to which this covenant relates, or seek judicial enforcement.
The covenant shall become effective upon execution of a Grant
Agreement pursuant to the above identified project application and
shall constitute part of the Grant Agreement to which it relates and
shall remain in full force and effect so long as the airport covered
by such agreement continues to be used and operated as a public airport.
CITY OF CORPUS CHRISTI, TEXAS
Name of Sponsor
February 24, 1969 By
(Date) -7 PTTitle
CITY IdANAGER