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HomeMy WebLinkAbout09482 ORD - 09/10/1969AN ORDINANCE ACCEPTING A GRANT OFFER AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME, ATTESTED BY THE CITY SECRETARY, A COPY OF'NICH 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 SEPTEMBER 9, 1969, FOR THE PURPOSES THEREIN tSET OUT AND BY SAID ACCEPTANCE RATI- FIES THE PROJECT APPLICATION AND ACKNOWLEDGES SAID AGREEMENT AS CONSTI- TUTING 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 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 PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION 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 SAID 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 SEPTEMBER, 1969. A ATTEST: CITY S CRE ARY THE CITY OF CORPUS CHRISTI, TEXAS APPROVED O DA OF SEPT., 69 A c r CITY ATTORNEY 9482 Page 1 of T, v 8P cF wAmP ios' FEDERAL AVIATION A6YKM Amtn%L9mT= GRANT AGREEMENT Part 1 -Offer Date of Offer SEP 9 1969 C=pus CbriEtl Tnter¢ISt 0=1 Airport Project No.l a�6.iooa Contract No. DOT FA 78 EW-5w7• TO: Me City of Cm-pus Christi, Tema (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 29 ,Aua=t 1569 , for a grant of Federal funds for a project for develop• ment of the C=-pw Chricti latermtiomi 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: 4 strenstlwn E:msray 13/31 (560)' x ami Asa=iatcd Taziraays $, if, J. C, $, G, Y,r q s.rs 0*, zr_d 13, J, CS E, C.. L, Q 6LW Q Tr= V'1' i.0 i -tern Pum;n ,-y i.51 �.:.�SFV" ir(ifa }ty✓v' to 69309 and Tarnllel Ta=1say "Y (50. x 75' ) ieclwing ezte -Rion or azzacitmed dr:.innge esetm ;t S=tall high xntenaity &3ak'ey 24gc 11Z�at3nC va 1!-,00' e�„ermioa t0 P.uraMy 13/31, ar-i tiedium Inteneity 21zht3aa on eatenc; to pnmilel Texlvay "$Rf ¢omtrect b3sst Lads F,unrarsy 13/31 end '17 %35 (150' x 150')3 perivsra ttnmay and tnxilmy wrking 18ais;.eatkal t0 InViM and relocate 1.J'' 314 zer, all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; -FAA FORM 1692 (9.62) USE PREVIOUS EDITION PAGE 1 I 1 V 4 .5 Page 2 of .�...w.�. a .. . 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, T14E FEDERAL AVIATION AGENCY, FOR AND ON BEIIALF OF THE UNITED STATES, IIERE13Y OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 75 per *cat= of the aLlouable coats of insteU]stion of €filth Intensity Ritmtoy Edge Lipjtt1ng eta extension to Firtnctay 1,3/31 (1300 ) and 50 per tetras of a31 other c.U=mble project coatm. 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 $ 841,8W.00 2. The Sponsor shall: (a) begin accomplishment of the Project within ainety (}0) 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 mar). incorporated herein, as they may he revised nr m lif,eri 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 vnade at the time of such semi -final payment. FAA FORM 1632 (6.63) DESTROY 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. T. 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 n or such subsequent date as may be prescribed in iting 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 z 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 -1). =- (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 i 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 •. I I f 1 ' r i } i Page 4 of % 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 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 Regulations" is hereby substituted for and in lieu of the phrase 'Section A of FAA Technical Standard Order No. N18, or Advisory f'.irn..lnr Inn) � 11 onC -- r• -i -1-12 '+ -.+-, whiCiic'v 18 6yyiicauie 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 Regulations as amended, executed for and on behalf of Sponsor by Y4rvin Toxnsendi, City M!, under date of P LWL. tt- i169 i are ere y incorpora a into this Grant Agreement. Page 4 `a 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) Notwithstanding 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.R.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 sightseeing, serial photo- graphy, 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; (.�i) .... t::."..t it 'will t."•""'1 ^ ^.t.: eny _xisti^ 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. 10. It is understood and agreed 'that the United States .:ill net make nor be obligated to make final payment under thi -s Grant 4reement unless and until the Spanner has furnished evidence :aticfacLory to the j Administrator that it is the owner of property lntere ac catf.cfactory I to the Administrator in and to Areas 13, lh, 15 end 16 a:: ehoan on the property map E;,hibit "A" dated lj August 19JS,. Page 6 i i rk :1 Page 6 of 7 pages (f) The Federal Government does not now plan or contemplate the construction of any new structures pursuant to paragraph o of Part III - Sponsor's Assurances of the Project Application, dated 29 August 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 Ag,reemcnt-. IIowever, nothin„ contained herein ehall be construed as alterin3 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 an behalf of sponsor by R. N.arvin Townsend, City Manager, under date of 29 August l9o9 are hereby incorporated into this Grant Alrecment. (h) The Sponsor agrees to relocate within a reasonable time but in any event prior•to final payment under this Grant AE;reeinent, the FM Road 763 traversing the southeast clear ,.one cc shown on the Airport Liyout Plan for this airport, to a location sati.factory to the Administrator. - (i) The Sponsor hereby covenants and agrees that it will not advertise for bids, award any contract, or ccrm,ence construction on any item of development to be accomplished under this project until it has submitted final plans and specifications therefor satisfactory to the Administrator and such plans and specifications have been approved; and it is further understood 'chat the United States will not make nor be obligated to make any Payment for such item of airport development under this Grant ACreerlent until Sponsor has submitted such plans and specifications and they have been approved as herein provided. The Sponsor further covenants and agrees that it will submit said final plans and specifications to the Administrator on or before 90 days frim the sate of this Agreement. 10. It is understood and agreed 'that the United States .:ill net make nor be obligated to make final payment under thi -s Grant 4reement unless and until the Spanner has furnished evidence :aticfacLory to the j Administrator that it is the owner of property lntere ac catf.cfactory I to the Administrator in and to Areas 13, lh, 15 end 16 a:: ehoan on the property map E;,hibit "A" dated lj August 19JS,. Page 6 i i rk :1 I Page igof T 1 qs 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 Axes der, Houston Area . ... . ..... .. ...... .. ..... . .. (TITLE) Part II- Acceptance The city OP CC TUfi Cbristi, Te=e 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...... cm OF cam cHia2m 'TEXAS ..................... (Name of Sponsor) By..... ............................... .. (SEAL) Title... . .. .. ......................... Attest: . ... ... .... . .. ... ... CERTIFICATE OF SPONSOR'S ATTORNEY I . ...... ................ .... .., acting as Attorney for the City, 0.00ZVW CWSRsti, .TC.-'se (herein referred to as the "Sponsor") doliereby 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 ..... +fig ................... . 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 . ...... ..... ......1 19 .......... ....... ..... ...... . . Title . ........I . .. ........... FM FORM 1892 (9.82) USE PREVIOUS EDITION PAGE 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 9f 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 follow- 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 e+ c .. pie of the oti 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. M 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 information 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 venalties 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. 7-7 Y Corpus Christi, Texas day of 19.6 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 Council; P, 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 presene meeting of the City Council. Respectfully, YOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Cabe Lozano, Sr. V. A. "DicV'Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the follo 'ng vote: Jack R. Blackmon Cabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore SPONSOR ASSURANCE TO ACCOYTANY PROJECT APPLICATION DATED FOR A GRANT OF FUNDS FOR THE DEVELOPMENT OR IMPROVF3'NT OF THE CORPUS CHRISTI INTERNATIONAL AIRPORT Nondiscrimination in Federally - assisted Programs of the FAA. In order to furnish the assurances required by Title VI of the Civil Rights Act of 1964, and by Part 15 of the Federal Aviation Regulations as amended, the CITY OF CORPUS CHRISTI, TEXAS (hereinafter called the "SPonsorl 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, will not on the grounds of race, color, or national origin discriminate or permit discrimination against any person or group of persons in any manner prohibited by Part 15 of the Federal Aviation Regulations. The Sponsor will also include, or require the inclusion, in every agreement or concession pursuant to which any person, other than the Sponsor, operates or has the right to operate any facility on the Airport providing services to the public, the foregoing covenant as an obligation assumed by that person, together with a provision granting the Sponsor the right to take such action as the Government may direct to enforce that covenant. Noncompliance with the above assurances phall constitute a material breach, and in the event of such noncompliance the Government my 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 Name of Sponsor February 24, 1969 Byr „, /tr• Date Titled �- CITY MANAGER 1 � R�cEiv � �g FAA it FEB 251959 V> j. A!rpor^ Branch I\ C�,� Nou ;oo Area /` /.