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