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HomeMy WebLinkAbout12042 ORD - 05/08/1974JRR:hb:5 /7/74:lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE GRANT AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, FOR THE JOINT PURCHASE OF ONE 1500 - GALLON FIRE RESCUE VEHICLE FOR USE AT THE CORPUS CHRISTI INTERNATIONAL AIR- PORT; ALL AS MORE FULLY SET FORTH IN THE GRANT AGREEMENT, A COPY, OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MOM EXHIBIT "A "; APPROPRIATING OUT OF NO. 245 AIRPORT BOND FUND $125,000, OF WHICH $124,230 IS FOR THE PURCHASE OF THE SAID VEHICLE, $270 IS FOR ADMINISTRATIVE COSTS AND $500 IS FOR CONTINGENCIES, ALL APPLICABLE TO PROJECT NO. 245 - 68-20; AND DE- CLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 7� SECTION 1. That the City Manager be and he is hereby authorized to execute Grant Agreement with the Department of Transportation, Federal Aviation Administration, for the joint purchase of one 1500 - gallon fire rescue vehicle for use at the Corpus Christi International Airport, all as more fully set forth in the Grant Agreement, a copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. There is hereby appropriated out of the No. 245 Airport Bond Fund the sum of $125,000, of which $124,230 is for the pur- chase of the aforesaid vehicle, $270 is for administrative costs and $500 is for contingencies, all applicable to Project No. 245 - 68-20. SECTION 3. The necessity to immediately authorize the execution of the aforesaid Grant Agreement in order that early delivery of the vehicle may be effected to maintain F.A.A. Regulation 139.49, Airport Fire Fighting and Rescue Equipment, creates a public emergency and an imperative 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, having requested the suspension of 12042 ' 6F Page 1 of 4 pages • DEPARTMENT 0 TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRAM AGMEMEUT Part 1 -Offer Date of Offer APR 18 1974 cozen &mw * nummom Airport Project No. a.4a -51.w Contract No. g= -FA 7445Q= TO: The City. of Caxpas Christi, Taws (herein referred to as the "Sponsor ") FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA ") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated jammmy 18 1974 , for a grant of Federal funds for a projec for develop- ment of thecospua Christi Taternatic- 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: @eqmive a— (1) crash - fire- saescue vehicia all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; FAA FORM 5100.13 PG. 1 110]1) SUPERSEDES FAA FORM te32 PG. 1 PAGE 1 • Page 2 of 4 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701), 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 AD- MINISTRATION, 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, Eiglity (bbl) qN=Mz= og MU Au0mble pwjeci czars. 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 $102,,50Q.00�. 2. The Sponsor shall: (a) begin accomplishment of the Project within mtnmy (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 Airport and Airway Development Act of 1970, and Sections 152.51- 152.63 of the Regulations of the Federal Aviation Administration (14 CFR 152) 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 152.47 (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 152.65 — 152.71 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 152.71 of the Regulations: Provided, that, in the event a semi -final grant payment is made pursuant to Section 152.71 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 5100 -13 PG, 2 (7 -72) I SUPERSEDES PREVIOUS EDITION PAGE 2 Page 3 of 4 pages • 5. The Sponsor shall operate and maintain the Airport as Provided in the Project Applica- tion 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 facili- ties 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 60 da" of tiro above date or such subsequent date as may be prescribed in writing by the FAA. 8. It is u=lerstoW and egseed that the spnrraor mM prow," for PAh eraplayeea adeq=d= Vokkiqg accommilatlow satisfactoxy to the Administrator at alt FA► teebnIcal eatilltJ el,b iaeated on the airport. It is farther understood and ag=W that smear wIU prwrMas without costs mieuate land fvr the pare of pa€ da* ail official vabialo of the PAL (Sovera- oed and prftowly Domed spa aced for VAA Macao) wry for the and operaim of the VA& faalL....l .m as the aispost. S h sand shall be aAJ6=mt to the fatlMles semi. FAA FORM 9100.13 PG. 3 (10-711 SUPERSEDES FAA FORM 1632 PG. 3 PAGE 3 • Page 4 of 4 • pages 0, 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 Airport and Airway Development Act of 1970, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and the operation and maintenance of the Airport. 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 ADMINISTRATION (TITLE) Part II- Acceptance The CU7 of Corpus Christi, Te=s 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....., The C%ty. of - Corgas.Chx1st1,. Texas (Name of Sponsor) By............ ............................... (SEAL) Title............ ............................... Attest: ................................... Title: ..................................... CERTIFICATE OF SPONSOR'S ATTORNEY I .... ............................... . acting as Attorney for.... .............................., (herein referred to as the "Sponsor ") do hereby certify: That 1 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.. - Same ...................... and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Datedat ............. .................this.......... day of..........................., 19...., Title..... ............................... FAA FORM 9100-13 PO 4110•71) SUPERSEDES FAA FORM 1632 P 4 PAGE 4 • Form Approved. OMB No. 04110006. UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADAVNISTRATION PROJECT.' APPLICATION (For Federal Aid for Development of Public Airports) Part I— PROJ1ECT INFORMATION The City of Corpus Christi (herein called the "Sponsor") hereby makes application to the Federal Aviation Administration (hereinafter called the FAA "), for a grant of Federal funds pursuant to the Airport and Airway Development Act of 1970 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 _Corpus Christi State of Texas It is proposed that the Project consist of the following- described airport develop- ment: Purchase one aircraft rescue and fire fighting vehicle complete with auxiliary equipment and proximity suits with the following capacities; 1500 gallons water, 180 gallon foam concentrate. all as more particularly described on the property map attached XJd@rkftV@0ftN�ft XXAW (as Exhibit "A" to Project Application dated _8�29;IE6.9 — for Project No. 9-41-156.7008 )', and in the plans and specifications sub- mitted to the FAA on laf-2/73 which are made a part hereof. -Strike out the Inapproprlate clause. FAA Form 51 00 -10, Page 1 (1277) SU"JISEDES PRIVIOUS EWCH C FAA AC 73 -2619 • Pg. 2 • Pare H— REPRESENTATIONS The Sponsor hereby represents and certifies as follows: 1. Legal Anthority. —The Sponsor has the legal power and authority: (1) to do all things necessary in order to undertake and carry out the Project in cnrformity 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. AS V Sponsor now has on deposit, or is in a position to secure, $ for use in defraying the costs of the Project. The present status of these funds is as follows: On deposit in time certificates 3. Compatible Laced Use. —The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: Comprehensive land use zoning Airport zoning regulation FAA Form 5100 -10, Page 2 (12-71) SUPEneoes PREVMs EDMON ESTIMATED ESTIMATED TOTAL SPONSOR'S SHARE FEDERAL SHARE ITEM ESTIMATED OF COST OF COST COST PER - CENT AMOUNT I'NR- CENT 1. LAND COSTS 2. CONSTRUCTION COSTS 12¢,230 a' n S. ENGINEERING AND�� SUPERVISION COSTS 4. ADmmisTRATrm COSTS 270 N 5. Total of 2, 3, and 4 above 124,500 22,430 18$ 102,090 82$ 6. CONTINGENCIES 500 90 18% 410. 82% 7. TOTAL ALL ESTIMATED • °. PROJECT COSTS (Items 1, 5, and 6) 125,000 22,506,: •' 102,500 x� Pare H— REPRESENTATIONS The Sponsor hereby represents and certifies as follows: 1. Legal Anthority. —The Sponsor has the legal power and authority: (1) to do all things necessary in order to undertake and carry out the Project in cnrformity 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. AS V Sponsor now has on deposit, or is in a position to secure, $ for use in defraying the costs of the Project. The present status of these funds is as follows: On deposit in time certificates 3. Compatible Laced Use. —The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: Comprehensive land use zoning Airport zoning regulation FAA Form 5100 -10, Page 2 (12-71) SUPEneoes PREVMs EDMON • Pose 3 , 4. Approvals of Other Agencies. —The Project has been approved by all non- Federal agencies whose approval is required, namely: Coastal Bend Council of Governments 5. 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, 4, 5, 6, 7,'8, 9, 10, 11, and 12, fee simple title except for mineral estate, with appropriate subordination of minerals and easements to prevent interference of the project or operation of the Airport. 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. •State character of property Interest In eeoh area and Iles and identify W each all eneeptlone, ene— branees. end adveree Interests of I Itlnd and nature, including Ilene, eaeemeats, Leases, etc The separate Drees oPland need only be identified here by the area numbere shown on the property map. mm) FAA Form 5100 -10, Page 3 (13.71) SUPERSEDES PREVIOUS EDITION FAA AC 78-550 Ppye d • (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 construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "Arr 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 8. Exclusive Rights. There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: None •Slate character oY property Internet in oeeh ores end Met end Identify for eooh 0V eimptiam, anoumbrenoee, end adveeee intarevu of on the pprrod�y em . , Ineluding Men% eaeement%lemne, ett. The separate areas of land need ody be IdanNfled here by the area mmbers eto FAA Form 5100 -10, Page 4 (72-71) SUPERSEDES PREVIOUS EDITION FAA AC 73ZU •5 Parr: III— SPONSOR'S ASSURANCES 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 constitate a part of the Grant Agreement thus formed. These covenants hall 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 acceptance of an offer of Federal aid for the Project. How- ever, these limitations on the duration of the covenants do not apply to the covenant against exclusive rights. Any breach of these covenants on the part of the Sponsor may result in the suspension or termination of, or refusal to grant Federal assistance under, FAA administered programs, or such other action which may be necessary to enforce the rights of the United States under this agreement. 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 on fair and reasonable terms without discrimination between such types, kinds, and classes. Provided; That the Sponsor may establish such fair, equal, and not unjustly discrimina- tory conditions to be met by all users of the Airport as may be necessary for the safe and efficient operation of the Air- port; And Provided Further, That the Sponsor may pro- hibit or limit any given type, kind, or class of aeronautical use of the Airport if such action Is necessary for the safe operation of the Airport or necessary to serve the civil avia- tion needs of the public. 3. The Sponsor — a. Will not grant or permit any exclusive right for- bidden 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 owned or controlled by it; b. Agrees that, in furtherance of the policy of the FAA under this covenant, unless authorized by the Administra- tor, it will not, either directly or indirectly, grant or per- mit any person, firm or corporation the exclusive right at the Airport, or at any other airport now owned or con- trolled by it, to conduct any aeronautical activities, in. cluding, but not limited to charter Rights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier op- erations, aircraft sales and services, sale of aviation petro- leum 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 aeronautical activity. c..Agrees that it will terminate any existing exclusive right to engage in the sale of gasoline or oil, or both, earliest renewal, cancellation, or expiration date appl cable to the agreement that established the exclusive right; and d. Agrees that it will terminate any other exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of env assistance under the Airport and Airway Development Act. 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 the covenant (but without limiting its general applicability and effect), the Sponsor speciflcally covenants and agrees: ". 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 any person or class of persons by reason of ram, color, creed, or national origin in the use of tiny of the facilities provided for the public on the Airport b. That in any agreement, contract, lease, or other nr- rangement under which a right or privilege at the Airport is granted to any person, firm, or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the Airport, the Sponsor will in- sert 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- vided, That the contractor may be allowed o make reasonable and nondiscriminatory discount%, 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 employees (including, but not limited to maintenance and repair) 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 con- tractors or concessionaires of the Sponsor under the pro- visions of such subsection b. S. Nothing contained herein shall he construed to pro- hibit the granting or exercise of an exclusive right for the furnishing of nonaviation products and supplies or any serv- ice of a nonaeronautical nature or to obligate the Sponsor to furnish any particular nonaeroneutical 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- port purposes: Provided, That nothing contained herein %hall be construed to require that the Airport be operated for aeronautical uses during temporary periods when snow, flood, or other climatic conditions interfere with such opera- tion and maintenance; And Provided Further, That nothing herein shall be construed as requiring the maintenance, re- pair, restoration 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 con- trol of the Sponsor. In furtherance of this covenant the Sponsor will have in effect at all times nrrnngement% For- a. Operating the airport's aeronautical facilities when- ever required. b. Promptly marking and lighting hazards resulting From airport conditions, including temporary conditions, and c. Promptly notifying airmen of any condition atrecting aeronautical use of the Airport. FAA Form 5100 -10, Page 5 (12.71) SUPERSEDES PREVIOUS EDITION • 7. Insofar as it is within its power and reasonable, the Sponsor will, either by the acquisition and retention of ease- ments or other interests in or rights for the use of land or airspace or by the adoption and enforcement of zoning regu- lations, prevent the construction, erection, alteration, or growth of any structure, tree, or other object in the ap- proach areas of the runways of the Airport, which would constitute an obstruction to air navigation according to the criteria or standards prescribed in Section 77.23, as applied to Section 77.26, Part 77 of the Federal Aviation Regula- tions. In addition, the Sponsor will not erect or permit the erection of any permanent structure or facility which would interfere materially with the use, operation, or future de- velopment of the Airport, in any portion of a runway ap- proach area in which the Sponsor has acquired, or hereafter acquires, property interests permitting it to so control the use made of the surface of the land. 8. Insofar as it is within its power and reasonable, 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 regulations, 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 operations in- cluding landing and takeoff of aircraft. 9. 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 airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport fa- cilities; and (3) the location of all existing and pposed nonaviation areas and of all existing improvements throereon. Such airport layout plan and each amendment, revision, or modification thereof, shall he 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 airport 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 layout plan as so approved by the FAA, if such changes or alterations might adversely affect the safety, utility, or efficiency of the Airport. 10. All facilities of the Airport developed with Federal aid and all those usable for the landing and taking off of air- craft, will be available to the United States at all times, with- out charge, for use by government aircraft in common with other aircraft except that if the use by government 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 agency, substantial use of an airport by government 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 government aircraft are regularly 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 government aircraft is 300 or more, or the gross accumu- lative weight of government aircraft using the Airport • (the total movements of government aircraft multiplied by gross certified weights of such aircraft) is in excess of five million pounds. 11. Whenever so requested by the FAA, the Sponsor will furnish without cost to the Federal Government, for con- struction, operation, and maintenance of facilities for air traffic control activities, or weather reporting activities and communication activities related to air traffic control, such areas of land or water, or estate therein, or rights in build- ings of the Sponsor as the FAA may consider necessary or desirable for construction at Federal expense of space or fa- cilities 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 Project. Such areas or any portion thereof will he made available as provided herein within 4 months after receipt of written request from the FAA. 12. The airport operator or owner will maintain a fee and rental structure for the facilities and services being provided the airport users which will make the Airport as self- sustain- ing as possible under the circumstances existing at the Air- port, taking into account such factors as the volume of traffic and economy of collection. 13. 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 manner as the Sponsor elects so long as the essential data are furnished. The Airport and all airport records and docu- ments affecting the Airport, including deeds, leases, operation and use agreements, regulations, and other instruments, will be made available for inspection and audit by the Secretary and the Comptroller General of the United States, or their duly authorized representatives, upon reasonable request. The Sponsor will furnish to the FAA or to the General Ac- counting Office, upon request, a true copy of any such document. 14. All project accounts and records will be kept in ac- cordance with a standard system of accounting if so pre- scribed by the Secretary. 16. 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 un- due 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 i, a manner acceptable to the FAA. 16. 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 financial resources to carry out all such obligations. If an arrangement 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. 17. Unless the context otherwise requires all terms used in these covenants which are defined in tale Act and the Regulations shall have the meanings assigned to them therein. FAA Form 5100 -10, Page 6 (12 -71) SUPERSEDES PREVIOUS EDITION Poge 7 Part IV—PROJECT AiRFEVpVT 0 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 plane and specifications for such development, as approved by the FAA, and the Grant Agreement with respect to the Project. IN WrrNESS WHEREOF, the Sponsor has caused this Project Application to be duly executed in its name, this 18th day of January 1aq City of Corpus Christi (.Yam. of spoxvor) By— fl /4� c� R. Marvin Townsend City Manager OPINION OF SPONSOR'S ATTORNEY I REMY CERTn'Y 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 tripe and correct. 1;e- b-4ity Attorney (Title) 1/18/74 (Dade) FAA Form 5100 -10, Page 7 (T2.71) SUPERSEDES PREVIOUS Ea1nON C FAA AC 78 -668 SPONSOR ASSURANCE TO ACCOMPANY PROJECT APPLICATION DATED January 18, 1974 FOR A GRANT OF FUNDS FOR THE DEVELOPMENT OR IMPROVEMENT OF THE Co us Chris i Interne i on 1 i rner+ The -City of Crrmw Christi, (herein- after referred to as the "Sponsor ") HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from the Department of Trans- portation it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d, 42 U.S.C. 2000d- 4.(hereinafter referred to as the "Act "), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally - Assisted Programs of the 'Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations ") and other pertinent directives, to the end that in ac- cordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the bene- fits of, or be otherwise subjected to discrimination under any program or activity for which the sponsor receives Federal financial assistance from the Department of Transportation including the Federal Aviation Administration, and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a)(1) of the Regulations, a copy of which is attached. More specifically and without limiting the above general assurance, the sponsor hereby gives the following specific assurances with respect to ADAP Project No.8 _48- 0051 -03 1. That the sponsor agrees that each "program" and each "facility" as defined in subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a "program ") conducted, or will be (with regard to a "facility ") operated in compliance with all requirements imposed by or pursuant to the Regulations. 2. That the sponsor shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with ADAP Project No. g_SR- nne�_pg and, in adapted form in all proposals for negotiated agreements: The rit- .,a r__..m f%— & -.s r.... —_ in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d -4 and Title 49, Code of Federal Regulations, Department of Transpor- tation, Subtitle A, Office of the Secretary, Part 21, Page 1 Nondiscrimination in Federally - assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in considera- tion for an award. 3. That the sponsor shall insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 4. That where the sponsor receives Federal financial assistance to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 5. That where the sponsor receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 6. That the sponsor shall include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved under the Airport Development Aid Program of the Federal Aviation Administration, and (b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the said Airport Development Aid Program. 7. That this assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose in- volving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 8. The sponsor shall provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other sponsors, subgrantees, contractors, sub- contractors, transferees, successors in interest, and other participants Paga 2 • of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this assurance. 9. The sponsor agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. TUIS ASSURANCE is given in consideration of and for the purpose of ob- taining any and all Federal grants, loans, contracts, property, dis- counts, or other Federal financial assistance extended after the date hereof to the sponsor by the Department of Transportation under the Airport Development Aid Program of the Federal Aviation Administration and is binding on it, contractors, subcontractors, transferees, suc- cessors in interest and other participants in the ADAP Project No. 8- 48- 0051 -03 The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the sponsor. DATED JMu=T 18, 1374 City of Carpus risti. Ted_ (Sponsor) byG� /� Title City Manager Attachments 1 and 2 Part 21, OST Regulations Page 3 • ATTA(:HhfRNT 1 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor ") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in Federally - assisted programs of the Department of Transportation (hereinafter, "DOT ") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and re- tention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the con- tract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its - facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the sponsor or the Federal Aviation Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nodiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to -- a. withholding of payments to the contractor under the contract until the contractor complies, and /or b, cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Pro- vided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in ad- dition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. ATTACHMENT 1 - Page 2 0 , . . 0 ATTACMENT 2 The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by the City of C, 141 Christi. Texas pursuant to the provisions of Assurance 6(a). The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land ") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a Department of Transporta- tion program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of Transportation-Effec- tuation of Title VI of the Civil Rights Act of 1964, and as said Regula- tions may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, the City of Corps Texas Christi shall have the right to terminate the (license, lease, permit, etc.) and to re -enter and repossess said land and the facilities thereon, and hold the same as if said (licenses, lease, permit, etc.) had never been made or issued. (Include in deeds.). That in the event of breach of any of the above nondiscrimination covenants, l,R Patti, of Corpus Christi, Texas shall have the right to re -enter said lands and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of the City of r rn++a Phr4e i, Texse and its assigns. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the City of Corpus Christi, 6(b), Texas pursuant to the provisions of Assurance The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest, and Page 1 • • assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land ") that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the henefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise lie subjected to discrimination, (3) that the (grantee, licensee lessee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, the City of Corpus Christi, Texas shall have the right to terminate the (license, lease, permit, etc.) and to re -enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) bad never been made or issued. (include in deeds.)* That in the event of breach of any of the above nondiscrimination covenants, the City of Corpus Christi. Texas shall have the right to re -enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of the City of — SsVw_Christi- Texas and its assigns. *Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. ATTACHMENT 2 - Page 2 dt:feaLing or %uhstantially Impairing the accomplishmcnt of the objectives of the Art or this part. ,41 As used in this section the serv- ices, financial aid, or other benefits pro - vided under a program receiving Federal finanr lnl assistance include any service, financial aid. or other benefit provided in or thinugh a facility provided with rhr ntd of Federal financial assistance. ,5 1 The enumeration of specific forms of prnhihiled discrimination in this paragraph does not IImtL the generality of the prohibition in paregraph tai of 1:, Examples demonstrating the ap- plication of the provisions of this section to certain program., of the Department „f Tran,pnrtaLion are contained in Ap- pendix C lit this part. 171 Thu, part does not prohibit the ronsiderannn of race, color, or national origin if the Pilmose and effect are to remove or overcome the consequences of practices or impediments which have re- stricted the wit liability of, or particlpa- tinn Ill. Lhr irrogram or activity receiving Federal lnancial assistance, on the :trriund., of rare, color, or national origin. Where previous discriminatory practice or itsvtgr tends, on the grounds of race. color ol- national origin,to exclude indi- viduals from participation in, to deny them the henents of, or to subject them to diu,rlmina Unn under any program or activity In which this part applies, the applicant or recipient has an obligation to take reasonable action to remove or overcome the consequences of the prior discriminntol`y practice or usage, and to accomplish the purposes of the Act. ter Fnlpinyment practices: 111 Where a primary objective of a Prngrail of Federal financial assistance In which Ibis part applies is to provide employment. a recipient or other party subject to this part shall not. directly or Lhroilgh rontracival or other arrange - ment..sub,lerl a person to discrlmina- Iton on the around of race, color, or nntional m•iain In Its employment prac- tices under such program (including re- rriolment or recruitment advertising. hiring. living. upgrading, promotion, de- motion. Iiansfer. layoff, termination, rates of pay or other forms of compensa- tion or benefits,' selection for training or apprenticeship, use of facilities, and treatment of employees). Such recipient shall take affirmative action to Insure that applicants are employed, and em- ployees are treated during employment, wiLhout reeard to their race, color, or national origin. The requirements ap- plicable to construction employment un- der any such Program shall be those specified in or pursuant to Part III of Executive Order 11249 or any Executive order which supersedes It. 12) Federal financial assistance to programs under laws funded or admin- istered by the Department which have as A primary objective the providing of employment include those set forth in Appendix S to this part, 13t Where a primary objective of the Federal financial assistance is not to Provide employment, but discrimination on the grounds of race, color, or national RULES AND REGULATIONS 1� origin in the employment practices of the reciptent. or other persons subject to the regulation tends, on the grounds of race, color, or national origin, to exclude Individuals from participation in, to deny them the benefits of, or to subject them to discrimination under any pro- gram to which this regulation applies. the provislons of subparagraph 411 of this paragraph shall apply to the em- ployment practices of the recipient or other persons subject to the regulation. to the extent necessary to assure equal- ity of opportunity to, and nondiscrimina- tory treatment of, beneficiaries. ldr A recipient may not make It selec- tion of a site or location of a facility if the Purpase of that selection, or its effect when made. is to exclude individuals from Participation in, to deny them the benefits of. or to subject them to dis- crimination under any program or ar- Livity to which this rule applies. oil the grounds of race, color, m• nntional origin; or if the purpose is to, or its effect when made will. substantially impair the accomplishment of the objectives of tills - part. §21.7 As.•a tat— n-,loired. I a) General. (1) Every application fop, Federal financial assistance to cans out a Program to which this part applies. except a program to which paragraph 1 b 1 of this section applies, and every ap- Plicatton for Federal financial assistance to provide a facility shall, as a condition to its approval and the extension of any Federal financial assistance pursuant to the application, contain or be secant- Parted by. an assurance that the pro- gram will he conducted or the facility op- erated in compliance with all require- ments imposed by or pursuant to this part. Every program of Federal finan- cial assistance shall require the submis- sion of such an assurance, In the case where the Federal financial assistance is to provide or Is in Cite fora, of personal Property, or real Property or Interest therein or structures thereon, the assur- ance shall obligate the recipient, or, In the case of a subsequent transfer, the transferee, for the period during which the property is used for a purpose for which the Federal financial assistance 1, extended or for another purpose Involy- Ing the provision of similar services or benefits, or for as long as the recipient retains ownership or possession of the Property. whichever Is longer. In all other cases the assurance shall obligate the recipient for the Period during which Federal financial assistance is extended to the program. In the case where the assistance is sought for the construction of a facility or part of a facility, the as- surance shall in any event extend to the entire facility and to facilities operated In connection therewith. The Secretary shall specify the form of the foregoing assurances for each program, and the extent to which like assurances will be required of subgrantees, contractors and subcontractors, transferees, successors in Interest, and other participants In the Program. Any such assurance shall In- clude provisions which give the United States a right to seek Its judicial enforcement. - 21 In the case ahrro Federal fiuon- cial assistance is pruvhded ht rhr folio Olin transfer of Elio prnprl't >•. :triu•IUrt or improvement, thereon. at, Inlel,eq therein. from the Federal G.n'.rnmrut. the Instrument rflecling or rercrJii:^ ,hr transfer shall rontnut o reorient ru,l- Ling with the land es <m rag nan,iisri �;..- matiou for :he period dudiii! tilrrh ti.c real property is used flit, a pmp•r..,` I n which the Federal financial n:•r,I. -net• extended or for another pu',nrsr ! t,•,:,1•. - ing the provision of similar s('l ores or benefit. Where no transfer of properly or interest therein from the Fedi.• f Cot- - erument is Involved. but pioeCU}' 1, at. - quircd or improved undvi, a pr­ 1.1111 of Federal fin.'rlcial :1 •'Si'.ialiCP. Ill. rrrip- irnl shall a,ce to au'Indr .y1rh cove- nant in ant' trlllsvflu,'il! I iair.f. I- of :g1rh prnpr rly. When the properly c. ,.olained front the Federal r.:n; rrnuirii: such cuveuant slip• also nlrlude a r- nddiun coupled with a right to be rr.srrvr,l by the Depnrtmrnl to revert kill 11i ILe imlp- ci ty in rhr event of a I: rcaeh of Ile rove - nant where, in the discrl`Uou , I the Secretary. such it condition m(l I1;:ht of reverter is npproprinle In Lhr 1•rugrmu under which the real proper(- is oil. tahhed and to the nal urc of rhr rr:v.t and the granter. In such event if o Llml..- feree of real property protav:er: Io plorl- gage or otherwise encumber rhr real property as security for Auanelrgt cen- Artletion of near, or huprueemrut. of e),- isling, facilities pr) such i,rnpe:ly fur the purpose, for which the prnprrLy wo.s transferred, the Secretary may at,•, r, r. upon request of the LL'ansfl•rr•' and if necessary b) accomidtsh surly tinall, Ing. and upon such conditimr- as I, deems appropriate, to sllbm'dlll :j,• sari, right of reversion to the lira of :;urh 7norlgage or other enrlinlbr'anc,. 1br Continany SRdr profnnln:. 1•a :•r application by a Stare or a Stair Bgenry to carry ont a Prog1711n invoh kv: ron- tinuing Federal finnnri:a ns is t lire In which this part applies in, h, Inn; ILr pro ,,,rnms listed In A11:1, WIN A to Lhis part) shall as n condiLon G; i,., approval and the extension of any Fed.In l fir c na ial assistance pursoant to th1 applh•a- Lion ill contain or br, acrumpanl;d by a statement that the program ix ,fir. in the case of a new program, salt bet conducted in compllance with :III re- qulrements imposed by or Pursuant Io this part, and (2) provide or he aCcalr- Panted by provision for such methods Of administration for file Program ns are found by the Secretary to eivc reasonable guarantee that the applicant and all recipients of Federal financial assistance under such Program will corn Ply with all requirements impnse,l by or Pursuant to this part. §21.9 Coniplianve ioforp 1;opr, (a) Cooperation and assi.staner. The, Secretary shall to the. fullest extent practicable seek the cooperation of re- cipients In obtaining compliance with this part and shall Provide assisLancc and guidance to recipients to heir) them comply voluntarily with this part. 1b) Compliance reports. Each iecip- lent shall keep such records and .submit to the Secretary timelq. complete, and FEDERAL REGISTER, VOL 33, NO. 118 — THURSDAY, TYNE 18, 1970 EXCERPT OF PART 21 „r (irate . •ii,pli.aice reports at ,itch all,( ul such form and conu,ming .nr h ifi,nvaunn. as the Secretary may •n -o n,uo• L. be n,•ccssary to enable him In nsr ., rise: uftether the recipient hula .an u;�l �i .•r 1, cumplyinr with this part. 1 n i ssr .•I fine progr:uo under which pnlaar. n•rlplent exleho, Fe-o-ral uuun ll a.,rtlinre to any Other rrrtP- u' li. ., orli other re( iptent shall al,u sub- wt, sit. -h rnmplhonre reports to the mill v to ..heat a., maybe necessary to rnahlr it prunnrc recipient Locauy out ..bit - ..leak under this part. n.r,•.s to - ,nurrrs of in /urmnrrun, I<aral r.r li —t slitill Permit acct••.- by :t.e ;,i ii,illev during normal bu,lness tlmrn lit :..left of Its hooks• record:.. ae- ,.nmu. :ofd .,they sources of Inforina- uun, anti its facthUes ux may be pernnrhl In it.%f -taln compliance with Ihn pall. Where any information re- quired of u recipb•ut Is 1n the exclusive posves,lno of tiny other agency. Institu- tion, or prrs,a and this agency. Institu- tion, or per.un fails or refutes to furnish' this Information, the recipient shall so rerlifv in its mix.rt and shill set wrth what efforts it has made to obtain the mform tttnn- ld, 1nlnnnafeun In heneftciarfe•.s and fmrttrlpauts. Each recipient shall make available W participants, beneficiaries, and other interested persons such In- formauon retarding the provisions of this part and Its applicability to the Program under which the recipient re- ceives Federal financial assistance. and make such information available to them In such planner, as the Secretary finds necessary to apprise such persons of the Protections against discrimina- tion as.,lured them by the Act and this part. §21.11 t ou 1 1 of hele.tixaliorn. tai Pruada' compliance rerirtax. The Secretary shall from time to time re- view till priai-tices of recipients to deter- ,nine who Ivier they are complyme with thus pmt 1l. (,1u1,opliti is. Any person who be. lirves puns. If or any specific class of prisons lit be subjected to discrimination prohibited by this part may by himself or by a representative file vvtth the Sec- retary a written complaint. A complaint must be file(l not later than 90 days after tier d;tle .If the alleged discrimination, unless Ile tins- for filing Is extended by the Sern•lary. .ct Inresheununs. The Secretan will tuake n pnulnPt tMestiratdut whenever R compliance review, report. complaint• or any alter information Indicates a Possible failure to comply with this part. The Imlestigation will Include, where approprinte, it review of the pertinent practirrs :and policies of the recipient. the circumstances under which the ws- sible noncompliance with this part oc- curred. and other factors relevant to a drtermmation as to whether the recip- ient hit, failed to comply with this part. ,it, l:rsulonmi'o/ matters. 11. It an ulvestixaii.0 puratt'uiG to paragraph let III flux nrrnoft hldleates a fulhlre to cum - Illy With tlla part, the Deerrtury will e.0 RULES AND REGULATIONS Inform the recipient and the- matter "Ill be resolved by informal meaty whenever possible. If It has been determined that the matter cannot be resolved by in- formal means, action will Le taken fit provided for in 9 21.13. -21 If an investigation doe, not wur- r:ua action pursuant to subparavrapl. I I. of this paragraph the Serr,�t•it' w'lli sit inform ire recipient and the -niplain- ant. If any. in writing. .e. Intimidators or retabahwEr ar-1 prohibited. No recipient nr other Mr- sou shall Intimidate. threaten coerce. ur dueriminate against any Individual fur Ivy purpose of Interfering with any right or privilege secured by secLlnn 601 of the Art or this part, or because lie ha; node u complaint, testified. nssi,ted. nr par - hclpaled in any manner in ml in'rstgn- liun. proceeding• or hearing under this part. The identity of complainants shall be kept confidential except to the extent nN,essary to carry out the purposes of this part. Including the conduct of any Investigation• hearing, or Judicial pru- ceeding arising thereunder. If 31.17 I'rin edurr for eft —lino rom plivliv . , n 1 General. If there appears w be it failure. or threatened failure to comply with this part, and If the noncompliance or threatened noncompliance cannot In• corrected by Informal means. compliance with this part may be effected by the sus- pension or termination of or refusal t, grant or to continue Federal financial assistance or by any other means au- thorized by law. Such other means may Include. but are not limited to, ell a reference to the Department of Justice with a recommendation that aPProprlate proceedings be brought to enforce any rights of the United Strates under any law of the United Smiles tlnrluding tither telex of the Act., ur any assurance. or other contractual undertaking, and i_ nuv applicable proceeding under Seal- or local law. ibn Noncompliance with 9 21.7. If au applicant falls or refuses to furnisll an insurance required under 9 21.7 or other- wise fails or refuses to comply with a re- quirement imposed by or pursuant to that section. Federal financial assistance Inlay be refused in accordance with the procedures of paragraph (c) of this see- uon. The Department shall trot be re- quired W provide assistance in such a case during the pendency of the admtnls- trative proceedings under sucli para- graph. However• subject to 121-11. the Department shall continue assastane'e during the pendency of such proceedinka where such assistance Ili due and pay- able pursuant to an application approved Prior to the effective date of this part. l e t Termination o/ or re /ttlal to graraL fir to continue Federal Anantiaf assist- ance. No order suspending, terminating. or refusing to grant or conuirue Federal financial assistance shall become effec- tive unul- I l l The 1Secretury lies advised the ap- pitcatt or recipient of his failure to rom lily and how determined that compliance cauhoL be narured by voluntary means; i • I Thor ha. beet, MI I'll” - lindtnL' 0l1 the record. after uV{nil'111niU h,l ftrar- n,c. of a failure by the x1.Pl.c.,:u or rr- r1l.lelll to t'0111Ph' %1111 ,, rrglril.' illt•llt iltl- pused by or pursuant. W this part. 131 The action has been approved by the Secretary pursuant W ; 21 17 e ; and •-p, The expirauuu of 3d ,I), alter the Seerctaiy has filed with the umtmlt- tee of the House and the cunatnitice bf the Senate haring. legislative lurtsdac- Lion over Lite prugram mvNted. a full writ ten report of the I:rcnm:•cl t", and the grounds for snrh salon Any aetLgl w au,pen.t Ire terwiwav or to refuse to grant or to continue F. der:d fnaancial assistance shall be Imwed to Lill- particular Iwlwcal entity. of part Ihrrenf. or other applicant or rrciPlent as bit wham such a luidmp has ive•nr mnde and shall be limited in it.; effect to the particular program. ur Part thereof, in which such noncompliance has been so found. .dl Other r,leurls uulhorieed hp lava. No action In effect c„uupltance with Little VI of the Act by nnv other me:uu au- thorized by law shall be taken by this Department untll- I I I The Secretary has determined that compliance cannot be secured by voluntary means; 12, The recipient or otter person has been notified of its failure to comply and of the action to be taken to effect compliance; land - e31 The expiration of at lent 10 days front the matlmlr of such nitre to the recipient or other person. Durmg this period of at least 10 dnys. uddltonAl efforts shall be made to persuade the recipient or other person w comply with the regulation andto Luke such corrective action as may be appraprtaLe. 021.15 Ilruring.. .al Opportunity ha hrannv. When - eter an opportunity for a hearing is required by 4 21.13he,, n•a:.anahle rioter, slmll be given by registered or certllled mail. return receipt requested. to the affeeted applicant or itcipient This no- tice shall advise the applicant or re- erpmnL of the action proposed to be taken, the specific prnvlsion under which the proposed action against it t:: to be taken. and the matters of fact or law asserted as the basis for thw Action. and either It) fix a date not less Ulan 20 days after the date of such notice within which the applicant or rectplenr. may - request of the Secretary that the matter be scheduled for hearing or 12t advise this applicant or recipient that the matter in questinn has been set down for hear- ing at a •fated place aid time. The time and place so fixed shall be reasonable and shall be subject to change for cause The complainant. if any. shall be advised of the time and place of the hearing. An applicant or recipient may waive a hearing and ,ubratlt written information and argument for the record. The failure of an applicant or recipient to request a hearing under this paragraph or to appear at it hearing for which a date has beea set shall be deemed to be it waiver of the Iluht u1 a hearing under section 002 of like Act and 1 21 -13(0) and IIDHAL RMSTIR. VOL 77, NO. 110—THURSDAY, JUNI ia, 1070 1 -99� Inapplicable, or prohibit discrimination on any other ground. Ib, Forms and instructions. Each re- spon'ihle Endowment official shall issue and promptly make available to Inter- ested persons forms and detailed Instruc- tions and procedures for effectuating this part as applied to programs to which this part applies and for which he is respomAble. c� Supervision and coordination. Tile chairman of an Endowment may from time to time assign to other officials of tae Endowment or to officials of other del :lrtrnents or agencies of the Govern- ment, with'the consent of such depart- ment, or agencies, responsibilities In connection with the effectuation of the purposes+ of title VI of the Act and this part, Including the achtovement of effec- tive coordination and maximum uni- formity within the Endowment and within the executive branch of the GOy- crnment in the application of title VI and Ihis part of similar programs and in similar situations. Any action taken, de- termination made, or requirement im- posed by an official of another de- partment or agency acting pursuant to an assignment of responsibility under this subsection shall have the same effect as though such action had been taken by the responsible official of this agency. § 11111.13 f1rRnitinna, As used in this part: 1 a) The term "Foundation" means the National Foundation for the Arts and the Humanities, and Includes the Na- tional Endowment for the Arts, the Na- tional Endowment for the Humanities, and each of their organizational traits. (b) The term "Endowment" means the National Endowment for the Arts or the National Endowment for the Humanities. (c) The term "Chairman" means the Chairman of the National Endowment for the Arts or the Chairman of the Na- tional Endowment for the Humanities. (d) The term "responsible Endow- ment official" with respect to any pro- gram receiving Federal financial assistance means the Chairman of any Endowment or other Endowment official designated by the Chairman. (el The term "United States" meatus the States of the United States, the D1s- trict of Columbia. Puerto Rico, the Vir- gin Islands. American Samoa. Guam, Wake Island, the Canal Zone, and the territories and possessions of the United States, and the term "State" means any one of the foregoing. (f) The term "Federal financial as- sistance" includes (1) grants and loans of Federal funds, (2) the grant or th donation of Federal property and inter- ests in property, (3) the detail of Fed- eral personnel, (4) the sale and lease o[ and the permission to use Can other the a casual or transient basis), Federal property or any interest in such prop- erty without consideration or at a nom- inal consideration, or at a consideration which Is reduced for the purpose of as- sisting the recipient, or in recognition o the public interest to be served by such RULES AND REGULATIONS sale or lease to the recipient, and (5) any Federal agreement, arrangement or other contract which has as one of Its purposes the provision of assistance. (g) The term "program" includes any program, project. or activity involving the provision of services, financial aid, or other benefits to Individuals (includ- ing education or in thing, health, hon;- iug, or other services, whether provided through employees of the recipient of Federal financlnl assistance m' provided by others through contracts or other ar- rangements whit the recipient, and In- cluding work Opportunities and cash or Loan or other assistance to individuals), or for provision of facilities for fur- nishing services, financial aid or other benefits to individuals. The service, fi- nancial aid, or other benefits provided [order a program receiving Federal fl- nancinl nststance shall be deemed to Include any Sen1ces, financial aid, or other benefits provided with the aid of Federal financial assistance or with the aid of any non - Federal funds, property, or other resources required to be ex- pended or made available for the pro- gram to meet matching requirements or other conditions r.-hiclt must be met in order to receive tits Federal financial as- sistance, and to Include any services, fl- nmuMal aid. or other benefits provided in or through a facility provided with the :rid o. Federal financlnl assistance or Ittch non- Fedel'al resources. th) The term "facility" includes all or any portion of structures, equipment, or other real or personal property or in- terests therein, and the provision of fa- cilities includes the construction, expan- Stan, renovation, remodeling, alteration or acquisition of facilities. Q) The term "recipient" means any State, political subdivision or any State. or instrumentality of any State or politi- cal subdivision, any public or private agency, Institution, or organization, or other entity or any individual, In anY State, to whom Federal financial assist- ance is extended, directly or through another recipient, for any program, In- cluding any successor, assign, or trans- feree thereof, but such term does not in- clude any ultimate beneficiary under any such program. (j) The term "Primary recipients" means any recipient which is authorized or required to extend Federal financial assistance to another recipient for the purposes of carrying out a program. (k) The term "applicant" means one who submits an application, request. or plan required to be approved by a re- sponsible Endowment official, or by a e primary reclpienk as a condition to eU- gibllity for Federal financial assistance, and the term "aPPllcatlOn" means such n an application. Iequest, or plan. AmN= A 3. Assistance to State arts agm,l- f"r projects and productions in the aria. 4, Support of research In the humnnitiec b. Support of educatlonal programs In the htttnanllies. Including the trDltllny- of IZIi dents and teachers. 6. Assistance to promote the Interchaure of lnforntatlon In the hunutnities. 7. AssiAence to foster public undrrslan,l- Ing and appreciation of the hnmanlc:c=. R. support of the pnhueatlmt cf srb,anrh work., In ills humnnh I-. Paled June 12. 1972. NANCY HANx.S. Chairman. National Endowment for ties Arfs. RONALD S. BERMAN. Chairman. National Endmumrnt for the f1lOnartift e I FR Doc.73 -13302 Filed 7 - -3- 78:8:45 am 1 Title 49— Transportation SUBTITLE A— OFFICE OF THE SECRETARY OF TRANSPORTATION IDocket No. IS: Notice 72 -21 PART 21— NONDISCRIMINATION IN FED. ERALLY ASSISTED PROGRAMS OF THE DEPARTMENT OF TRANSPORTATION — EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 Miscellaneous Amendments PmxsA6 6'INANCIAC Ass®TANQ: 1'O WASa rR® PARr APPI.Ixa r. Assistance to groups for prolmta and productions In the arts. f 2. Surveys, reeearob and Planning In the arts. 0 On July 19, 1972, a notice of proposed rulemaking was published In the FEDFAAL REGISTER (37 FR 14320) to nmend Part 21 of the Regulations of the Office of the Secretary (49 CPR Part 21)— Nondts- crimination In Federally- Assisted Pro- grams of the Department of Tmnsporla% tton. All interested parties were Invited to give their views on the proposed amend- ment. None of the comments received provided a basis for change In the pro- posed amendment. The purpose of the amendment Is as follows: Planning or Advisory Board Member- ship. Although existing 121.5(b) (A) contains a prohibition against dlscrlml- natory denial of the "opportunity to Par- ticipate In the program through the Pro- vision of services or otherwise • - - ". the existing regulations did not specifically deal with the matter of planning or ad- visory board membership. Considering the broad purpose of Title VI of the Civil Rights Act of 1064, the Department of Transportation believes that member- ship on such boards is an aspect of "par- ticipation in the program" within the meaning of section 601 of the Act (42 V.S.C. 2000d). To make it clear that such discrimination Is prohibited, the Depart- ment is adding a specific reference to the other activities lliisted In 9 1�5(b) to The provision applies only to the ex- tent that the "recipient" has control over board membership. It is applicable, for example, where the members are MP- pointed by the recipient. Where the board is elected and the election pro- cedures are determined by the recipient, such procedure Is to be nondiscrlmhre- tory. The term "lntegfal'P�,• is used in order to make it clear that regulations are inapplicable to boards related only FEDERAL REOIUM. VOL 38, NO. 126— THURWAV, JULY S. 1973 RULES AND REGULATIONS 179910 tangrntially or Indirectly to a Federalbr time for filing Is extended by the Fadersl financial assistance, on the assisted program. Secretary ". grounds of race, color, or national origtlL A(rrnnative action to correct and pre- To make this time period consistent Where prior discriminatory practice or rent prohibited discrimination. Existing with that allowed under other chill rights usage tends, on the grounds of race, color, 21.5(b) (7) provides that consideration lax vs,' the Department Is changing tilts or national origin to exclude individuals of race, color, or national origin are not time limit from 90 to 180 days. from participation In, to deny them the Prohibited if the purpose and effect Is In consideration of the foiegolug, ef- benefits of, or to subject them to dis- to remove or overcome the detrimental fective July 5, 1973, 49 CPR Part 31 criullnat)on under any program or ac- results of discrimination. That provision Isnmended as follows: thity to which this part applies, the np- nlso places on the recipient of Federal 1. Section 21.5(b) Is amended by: plirant or recipient must take affirmative nssistanre an "obligation to take reason- (1) Striking out the word "or" at the nellon to remove or overcome the effects able action to remove or overcome the end of subparagraph (I) (v) ; of the prior discriminatory practice or consequences of prior discriminatory (2) Striking out the period at the end usage. Even In the absence of prior di, practice or usage and to accomplish the of subparagraph (1) (vi) and substituting criminatory practice or usage, a recipient purposes of the Act ". The Department's a semicolon and the word "or "; and 111 administering a program or activity amendment to the second sentence in 21.51 b) (7) Is to make It clear that the (3) Adding a new subparagraph (1) h to which this part applies, Is expected to take affirmative action to assure that no recipient (1) must take affi mattve ae- (vii) at the end thereof, to read set person Is excluded from participation In Lion to overcome the effects of prior dis- forth below. or d_:lied the benefits of the program or criminatory practice or usage, and (2) (4) Adding anew subparagraph (7) to activity on the grounds of race, color, or Ls expected to take affirmative action to read as set forth below. national origin. assure that no person is excluded from Participation in or denied the benefits of the recipient's Federally assisted pro- 9 21.5 M) rrunlnolion pro6ihiled. • • ' ' 3. section 21.9(6) >s amended by add - grams on the ground of race, color, or (b) Specific discriminatory salons fag the following newame; sentence at the cud thereof: national origin, prohibited: Collection of racial data. Existing (1) • • • 1321.9 Compliancelnrormallon, 9 21.9(b) states that recipients shall keep (vii) Deny a person the opportunity to such records and submit such reports as the Secretary determines are necessary. participate as a member of a planning, advisory, or similar body which Is an fn- (b) COMvitance reports. • • • In gen- elal, recipients should have available for While this provision furnishes a basis for requiring data on the race and national tegral part of the program, the Secretary racial and ethnic data origin of persons affected by Federally . . . showing the extent to which members of aasisted programs, it contains no ex- (7) This peat does not prohibit the minority groups arc beneficiaries aP ra- plicit reference W such data. Experience ronsiderntlon oP race, color, or nattatlal grams receiving Federal flnanclal asdst- ;�� has shown that, with respect to most origin if the purpose and effect are to , Federally assisted programs, racial dn!a remove or overcome the conse(luences of Is an essential element in Implement- practices or Impediments which havo ro- §25.11 rAmended] , Ing Title VI of the CIVIL Rights Act of strlctcd the availability of, or partleipa- 4. Section 21.11(b) Is amended by sub- 1964. In view of the Importance of such tlon In, the program or activity receiving , stituting '780 days" for "90 days". data, the Department is adding an ex- Press reference to It In 9 21.9(b), =eeo section 709(e) of T1tle VII oI the (gee• e02: Civil Rlghta Act of IBB4, 43 IIP.6 2(am all Time for filing complaints. Existing Clvn Right. Act of 1904, as amended by the provisions of 9 21.11(b) regarding the fli- Equal Employ —t Opportunity Act of 1e79, Iss led In Washington, D.C., on Sep - Ing of complaints of alleged dlserimhnn- 4a U C.A. 2ooso -e(o(: section 810(b) of tember21,1972. lion state that a complaint must be filed Title VlH of tiro Crvll Rights Act of 19M 42 U.S.C. 3010 (h) 1 Md tho ragulatlons of the Of- Join; A- VOLPE, "nut later than 90 days after the date of flea of Fcdeml Contract Compllauce, 41 CPR Secretary of Transpertailtan. the vIleged discrimination, unless the ea -1.21, 1FRnoe.73 -13291 Filed 7- 3- 73:6:46aml I'—" —11TK VCL M M4 TS/44111111mA36 Attu 16 1973 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) May 6, 1974 I certify to the City Council that $ 125,000 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No, and Name 245 Airport Bond Fund Project No. 245 -68 -20 Project Name C.C. International Airport - Fire Rescue vehicle from which it is proposed to be drawn, and such money is not appropriated for any other purpose. To 0 VU FIN 2 -55 Revised 7/31/69 0 iZ � r. r • • Corpus Christi, Texas 1day of , 19 % 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; 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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark v