HomeMy WebLinkAbout13411 ORD - 09/22/1976ikh:9- 21 -76; 1st
n
AN ORDINANCE
ACCEPTING GRANT OFFER AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A GRANT AGREEMENT AND RELATED CONTRACT DOCUMENTS
WITH THE DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION
ADMINISTRATION, FOR THE PURCHASE OF ONE CRASH -FIRE- RESCUE
VEHICLE IN THE AMOUNT OF $125,100, FOR THE PROTECTION OF THE
TRAVELING PUBLIC AT CORPUS CHRISTI INTERNATIONAL AIRPORT, IN
ACCORDANCE WITH FEDERAL AIR REGULATION PART 139, ALL AS MORE
FULLY SET FORTH IN THE GRANT AGREEMENT, CONTRACT NUMBER
DOT- FA -76SW -1133, PROJECT NO. 6 -48- 0051 -04, A SUBSTANTIAL
COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART
HEREOF, MARKED EXHIBIT "A "; AND DECLARING AN EMERGENCY.
WHEREAS, the City of Corpus Christi, Texas, has submitted a
Project Application dated August 19, 1976 to the Federal Aviation Administra-
tion requesting Federal participation in the amount of $112,590 for improve-
ments at the Corpus Christi International Airport; and
WHEREAS, the Federal Aviation Administration has issued a Grant
Offer dated September 10, 1976, which provides a commitment of Federal funds
in the amount of $112,590 for the aforementioned development; and
WHEREAS, it is determined to be in the interest of the City of
Corpus Christi that the Grant Offer be accepted by the City:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Council of the City of Corpus Christi
does hereby accept the provisions of the Grant Offer for Project No. 6- 48- 0051 -04,
a substantial copy of which Grant Offer is attached hereto and incorporated
herein by reference, and marked Exhibit "A ".
SECTION 2. That the City Manager of the City of Corpus Christi is
hereby authorized and directed to execute the Grant Agreement for and on
behalf of the City of Corpus Christi.
SECTION 3. The necessity to accept the aforesaid Grant Offer and
to execute the Grant Agreement at the earliest practicable date 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 but that such ordinance or resolution shall
be read at three several meetings of the City Council, and the Mayor having
declared such emergency and necessity to exist, and having requested the
suspension of said Charter rule and that this ordinance be passed finally
MICROFILMED
-13411 SUN 3 0 1980. .
on the date of its introduction and take effect and be in full force and
effect from and after its passage,
day of September, 1976.
ATTEST:
. 'e '6,1�
City Secretary
AP ED:
DAY OF SEPTEMBER, 1976:
J. BRUCE .AYC,O�C_K, CITY ATTORNEY
By. N
Assistant City Attorney
IT IS ACCORDINGLY SO ORDAINED, this the
MAYOR v
THE CITY OF CORPUS RISTI, TEXAS
ryfi'- Page 1 of 4 pages
DEPARTMENT OF TRANSPORTATION r "
''FEDERAL AVIATION ADMINISTRATION -
.;• GRANr,"AGREEMENT
t art 1 -Offer
Date of Offer `
Corpus Christi International t Airport
Project No. 6 -48- 0051 -04
Contract NO. DOT- FA77.6SW =1133
T0: 'The City of Corpus Christi, Texas
(herein referred to as the "Sponsor ")'
FROM: The United States, of Amerka'(acting through the Federal Aviation Administration, herein
referred to -as the "FAA ") - ,•
WHEREAS, the Sponsor has submitted io'the FAA a Project Application dated
August "19,• 1976 - - '' "`, "'., for a grant of Federal funds for a project for develop-
ment of the „ Corpus Christi ,international _ ` - Airport (herein called
the "Airport "), together with plans "and specifications for such project, which Project Application,
as approved by the FAA is hereby incorporated herein and made a part hereof; and .
WHEREAS, the FAA has approved a'project for development of ^the'Airporv(Herein "coed the '
"Project ") consisting of the following- descHbed airport development: i _-
Acquire one (1) crash,-fire-rescue vehicle.
A
all as more particularly'described in the - property map and 'plans and specifications incorporated in
the said Project Application;
FAA FORM 5100.13 PG. 1 110.711, SUPERSEDES FAA FORM 1632 PG, i ,r, f11' /' (�•. _ PAGE T + ,^
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,
Ninety (90) percentum of all allowable project costs.
This Offer is made on and subject to the following terms and conditions:
1. The maximum obligation of the United States payable under this Offer shall be
$ 112,590.00 ,
2. The Sponsor shall:
(a) begin accomplishment of the Project within ninety (90)' days
after acceptance of this Offer or such longer time as may be prescribed by the FAA,
with failure to do so constituting just cause for termination of the obligations of the
United States hereunder by the FAA; "
(b) carry out and complete the Project without undue delay and in accordance with the
terms hereof, the 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 17 -7211 SUPERSEDES PREVIOUS EDITION '
PAGE 2
Page 3 of 4 pages
5. The Sponsor shall operate and maintain the Airport as provided in the
Application for Federal Assistance incorporated herein and specifically
covenants and agrees, in accordance with its Assurance 20 in Part V of
said Application for Federal Assistance that in its operation and the
operation of all facilities thereof, neither it nor any person or
organization occupying space or,facilities thereon will discriminate
against any person or class of persons by reason of race, color, creed
or national origin in the use of any of the facilities provided for the
public on the Airport.
6. The FAA reserves the right to amend or withdraw this Offer at any time
prior to its acceptance by the Sponsor.
7. This Offer shall expire and the United States shall not be obligated to
pay any part of the costs of the Project unless this Offer has been
accepted by the Sponsor on or before September 30, 1976
or such subsequent date as may be prescribed in writing by the FAA.
8. It is understood and agreed that the Sponsor will provide for FAA
employees adequate parking accommodations satisfactory to the
Administrator at all FAA technical facilities located on the Airport.
It is further understood and agreed that Sponsor will provide, without
cost, adequate land for the purpose of parking all official vehicles
of the FAA (government and privately owned when used for FAA business)
necessary for the maintenance and operation of the FAA facilities on "
the Airport. Such land shall be adjacent to the facilities served.--
9. The Sponsor will send a copy of all invitations for bids, advertised or
negotiated, for concessions or other businesses at the Airport to the
appropriate Office of Minority Business Enterprise (OMBE) representative
as identified by the FAA Regional Civil Rights Office., The Sponsor will
disclose and make information about the contracts; contracting procedures
and requirements available to the designated OMBE representative and
minority firms on the same basis that such information is disclosed and
made available to other organizations or firms. Responses by minority
firms to invitations for bids shall be treated in the same manner as all
other responses to the invitations for bids.
Compliance with the preceding paragraph will be deemed to constitute
compliance by the Sponsor with the requirements of 49 CFR 21 Appen-
dix C(a)(1)(x), Regulations of-the Office of the Secretary of
Transportation.
10. It is understood and agreed that the term "Project Application"
wherever it appears in this Agreement, in Specifications or other
documents constituting a part of this Agreement shall be deemed to
mean the "Application for Federal Assistance ",
SUPPLEMENT - FAA Form 5100 -13 - Page 3 (ASWRO 3- 19 -75)--
Page 3a of 4 pages
11. It is understood and agreed that the Exhibit "A" attached to the Project
Application dated''August 29, 1969 for• FAAp,Project Number 9 -41- 156 -7008
is incorporated herein by reference and is made apart hereof.
12. 'It is further understood and - agreed that FAA approval of the,project
.included in this'Agreement is conditioned oii the Sponsor's compliance
with applicable 'air and water quality standards in operating the Airport
and in accomplishing any construction hereunder; further, that failure
to so'comply may result in suspension,'cancellation or termination of
Federal assistance under the Agreement.'
13.', In ,addition the Sponsor shall: !
(a) °Incorporate or cause to be incorporated in each bid or proposal
form'sulimitted by prospective contractors for construction work
under the project the provisions prescribed by Section 60- 1.7(b)(1)
and 60- 1.8(b) of the Regulations issued by the Secretary of Labor
='(33 FR 7804, 41 CFR Part 60 -1).
14. .The Federal Government does not now plan or contemplate the construction
of any structures pursuant to paragraph 27, of Part V Assurances of the
Application for Federal Assistance attached hereto, and, therefore, it is
understood and agreed that the Sponsor is under no obligation to furnish
any areas or rights without cost to the Federal Government under this
Grant Agreement.-,However, nothing contained herein shall be construed as, -.
altering or changing the rights of the United States and /or the obligations
of the Sponsor under prior Grant Agreements to furnish rent -free space
and /or cost -free areas for the activities specified in such agreements.
15. Assurance Number 18 of Part V of the project application incorporated r
herein is amended by including at the end of.the second,sentence the - L
following language:
"including the requirement that (A) each air carrier,
authorized to engage directly in air transportation
pursuant to Section 401 or 402 of the Federal Aviation
Act of 1958, using such airport shall be'subject to
nondiscriminatory and substantially comparable rates,
fees, rentals, and other charges and nondiscriminatory
SUPPLEMENT - FAA Form 5100 -13 - Page 3a (ASWRO 8- 19 -76)
Page 3b of 4 pages
conditions as are applicable to all such air carriers
which make similar use of such airport and which
utilize similar facilities, subject to reasonable clas-
sifications such as tenants or nontenants, and combined "
passenger and cargo flights or all cargo flights, and'-,
such classification or status as tenant shall not be
'unreasonably withheld by any'sponsor provided an air
carrier assumes obligations substantially similar to
those already imposed on tenant air carriers, and (B)
each fixed base operator using a general aviation air-
port shall be subject to the same rates, fees, rentals,
and other charges as are uniformly applicable to all
other fixed base operators making the same or similar
uses of such airport utilizing the same or similar
facilities. Provision (A) above shall not require the
reformation of any lease or other contract entered into
by a sponsor before July 12, 1976. Provision (B) above shall not
require the reformation of any lease or other contract
entered into by a sponsor before July 1, 1975."
16, It is understood and agreed that no part of the Federal share of
an airport development project for which a grant is made under the
Airport and Airway Development Act of 1970, as amended (49 U.S.C.
,1701 et seq.), or under the Federal Airport Act, as amended -
(49 U.S.C. 1101 et seq.), shall be included in the rate base in
establishing fees, rates, and charges for users of the, airport.
17. ThLs project and all work performed thereunder is subject to
the Clean Air Act and the Federal Water Pollution Control Act.
Accordingly,
(a) The sponsor hereby stipulates that any facility to '
be utilized in performance under the grant or to
benefit from the grant is not listed on the EPA
,List of Violating Facilities.
(b) The sponsor agrees to comply with all the requirements
of Section 114 of the Clean Air Act and Section 308 of .
the Federal Water Pollution Control Act and all.'
regulations issued thereunder.
(c) The sponsor shall notify the FAA of'the receipt of
any communication from the EPA indicating that a _
facility to be utilized for performance of or
benefit from the grant is under consideration to be'
listed on the EPA list of Violating Facilities."
SUPPLEMENT - FAA Form 5100 -13 - Page 3b (ASWRO 8- 19 -76)
Page 3c of 4 pages
(d) The,sponsor agrees that he will include or cause to be
included in any contract or subcontract under the grant
which exceeds $100,000 the criteria and requirements in
these subparagraphs (a) through (d).
18. , The Sponsor hereby covenants and agrees that it will not advertise for
bids, award any contract, or commence construction on any item of
development to be accomplished under this project until it has sub-
mitted final plans and specifications therefore satisfactory to the
Administrator and such plans and specifications have been approved; and
it is further understood that the United states will not make nor be
obligated to make any payment for such item of airport development
under this Grant Agreement until Sponsor has submitted such plans and
specifications and they have been approved as herein provided. The
Sponsor further covenants and agrees that it will submit said final
plans and specifications to the Administrator on or before 90 days from
the date of this Agreement.
19. It is understood and agreed that the Sponsor's assurances regarding
non- discrimination attached to the Application for Federal Assistance
are hereby incorporated into this Grant Agreement.
SUPPLEMENT - FAA Form 5100 -13 - Page 3c (ASWRO 8- 19 -76)
Page 4 of 4 pages
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
By, Chief,, ,Houston ,Airports ,Dietrict Office
(TITLE) '
Part II- Acceptance
The City of Corpus Christi,' Texas_ 1 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 ...................... :........ 1 19......
City of Corpus Christi, Texas
............................
-•(Name of Sponsor)
By ... .......... ..............
(SEAL)
Title..............., ... ............:..'..........
Attest :..............
Title: ............. : .............
CERTIFICATE OF SPONSOR'S ATTORNEY
l 1,,• ,,,..,••,•• :•• ................. . acting as Attorney forTl?e City of Corpus Christi, Texas
(herein referred to as the "Sponsor ") do hereby certify: -
That I have examined the foregoing Grant Agreement and the proceedings taken by said
Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly auth-
orized and that the execution thereof is in all respects due and proper and in accordance with the
laws of the State of ......... , ,Texas , • , , and further that, in my opinion, said Grant
Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms
thereof.
Dated at ....... .... ................this.......... day of.................. 19...
Title ...
FAA FORM 9100.13 PG 4(10.71) SUPERSEOE5 FAA FORM 1632 PG 4
CORPUS CHRISTI, TEX S
a�DAY OF
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 PIO;_ .
THE CITY OF CORPUS HRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED
LUBY
BY THE FOLLOWING VOTE:
JASON
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED
BY TH FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
t/
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE