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14484 ORD - 08/30/1978
vp:8 /30/. 78: l st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICA- TION TO THE FEDERAL AVIATION ADMINISTRATION FOR CORPUS CHRISTI INTERNATIONAL AIRPORT IMPROVEMENTS IN THE AMOUNT OF $1,794,,551, 10% OF WHICH WOULD BE FUNDED WITH LOCAL FUNDS FOR a) CONSTRUCTING A SECOND PARALLEL ACCESS ROAD WITH LIGHTING AND LANDSCAPING, b) STRENGTH- ENING EXISTING ENTRANCE ROAD AND TERMINAL LOOP ROAD, c) PROVIDING FIVE NEW SECURITY GATES AND OTHER SECURITY IMPROVEMENTS, GENERAL HAVIATION IRAMPS ,CO)MCONSTRUCTING A FUEL STORAGE AREA TURNAROUND, WITH THE LOCAL SHARE FUNDS TO BE PROVIDED FROM THE 1977 BOND ELECTION, A SUB- STANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS TO IMPLEMENT THE GRANT WHEN APPROVED; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to submit an application to the Federal Aviation Administration for Corpus Christi International Airport Improvements in the amount of $1,794;551, 10% of which would be funded with local funds for a) constructing a •second parallel access road with lighting and landscaping, b) strengthening existing entrance road and terminal loop road, c) providing five new security gates and other security improvements, d) strengthening existing commercial ramp, e) extending two general aviation ramps, f) constructing a fuel storage area turnaround, with the local share funds to be provided from the 1977 bond election, a sub- stantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. That the City Manager be and he is hereby authorized to execute all related and necessary documents to implement the grant when approved. SECTION 3. The necessity to authorize execution of the aforesaid application to the Federal Aviation Administration for Corpus Christi International Airport Improvements and other necessary and related documents in order to implement the grant when approved, all as aforesaid, 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 1r�R0�l�MED 14484 ,JUL 0 81980 declared such emergency and necessity to exist, and having requested the suspen: =, sion of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after 'ts passage, IT IS ACCORDINGLY SO ORDAINED, this the 3a day of 1978. ATTEST: 1 " e, 4 �-;4,o City- Secretary CITY OF COPUS' CHRISTI, TEXAS APPROVED: J ) DAY OF 1978: J. BRUCE AYCOCK, CITY ATTORNEY BY: GL (�(J Assistant Ci y torney OMB Approval N 210 FEDERAL ASSISTANCE 2 APPLI• a. NUMBER 3. STATE e. NUMBER, CANTS APPLI• APPLICA- TION TYPE ❑ PREAPPLICATION b. DATE b, DATE Year month day OF ACTION APPLICATION CATION Year month day l9 FIENTI• FIER ASSIGNED 19 v oarp� �e ❑ NOTIFICATION OF INTENT (OPQ yearn , b-) ❑ REPORT OF FEDERAL ACTION ak "k 4, LEGAL APPLICANT /RECIPIENT 5. FEDERAL EMPLOYER IDENTIFICATION MG. a, ApplicantNamtt :City of Corpus Christi, Texas 74-600 0574 6. - b.OrlaNnNonUnit 'Aviation Division a. Stnrot/P.O. Box :IZt. 2 BOX 902 PRO. e. NUMBER 6I! ��21 b. TITLE d. city 'Corpus Christi "nee "" 'Nueces (F o. 1. Suk 'Texas y ZIP Code: 784.10 Fed "a ADAP h. Contest Person (Name Wi am D Wilder Catalog) r k tekphona No.) a 7. TITLE AND OESCRIPTI N OF APPLICANTS PROJECT B. TYPE OF APPLICANT /RECIPIENT Airport Improvements - Construct a new exit road with p A-Skte H-- Commumry Action AEancy �' "106 °t" I- High., anal In,ldutlan C sueskts 1- Indian Tribe a lighting and landscaping. Strengthen the existing ribs D -Coonh K -Other (Specify)= entrance road. Provide five new security gates and F -srn N 04trict construct concourse security wall. Strengthen a por- -Sol"' P Pa" Ent" appropriate letter tion of the existing terminal loop road. Strengthen D. TYPE OF ASSISTANCE A-110. GNnl D-Imursnce the existing commercial ramp. Extend two existing eneral aviation ramps. Construct a turnaround at the B--iupplemankl Grant E -0ther Ent"ae pro- �+. P C-Leen plisse t cterrel }7 EA OJECT IMPACT (Nome, of oiti......tire, ESTIMATED NUM" 12. TYPE OF APPLICATION Stain• etc.) SONS A-Ilew OwIt.1,lan E- Auynenutlon Corpus Christi 111, BENEFITING B Renaw,l D ConUna.11un 300 000 Entor appropriate kit" 13. PROPOSED FUNDING 14. CONGRESSIONAL DISTRICTS OF: 15. TYPE OF CHANGE (Far 7fc or 1!e) A,4a ueua pollen F -Other ISpeciJvl: C- Incruse Ouutlan D- Decrnee Du "I"' _ E- Canceliatla" Snt" apvro• vNats ku "(e) f a. FEDERAL 6W a. APPLICANT h. PROTECT 14 b. APPLICANT 00 e- STATE .CO 16. PROJECT START DATE Year dr day 19 Dl 17. PROJECT DURAI N L dfone)u d. LOCAL .00 a. OTHER ,00 3& ESTIMATED DATE TO Year month day BE SUBMITTED TO FEDERAL AGENCY ► 19 8 08 31 19. EXISTING FEDERAL IDENTIFICATION NUMBER _ t. TOTAL : ,OD 20. FEDERAL AGENCY TO RECEIVE REQUEST (Name• Csty. State. ZIP soda) 21. REMARKS ADDED FAA Houston District Office Houston, Texas 77061 ❑ Ya ❑ Na 22 e. To the bast of my 1oewledla end bellof, b. If raauauired by OMB Ci-I.r A -95 thl, ap:Iut(cn wu wbmitted. P'r rt u in• No re- Rnvonn aatL in thin praappliulkn /milution see arm one th rein, to apmp late cl "rinlhpuus and . reepmee an atached: goal. altaehed THE true and oorrut• the douwent Ma been APPLICANT CERTIFIES duly suthorUed by the towanlnE belly N the a"I caut and the opli"N will tanpty p) Coastal Bend Council of Governments ❑ l p THAT► with the attached muuom If the mist- ❑ ❑ E v'7 lY sacs h 1pPrwed. w f31 ❑ ❑ 23. CERTIFYING a.�r PED fUWE AN TIRE K. htarVln °Townsend 1, SIGKATUNE e. DATE SIGNED Year mans day REPRE• City Manager Y 9 1 '9 SENTATIVE 24. AGENCY NAME 25. APPLICA• Xmr month day TION RECEIVED 19 20. ORGANIZATIONAL UNIT 27. ADMINISTRATIVE OFFICE 2a. PPLI ATION IDENTIFICATION {t 29. ADDRESS 30. FEDERAL RA NT 31. ACTION TAKEN 32- FUNDING Year month day 34, Year month day ❑ e. AWARDED 33. ACTION GATE ► 19 STARTING DATE 19 ai i_DERAL i .00 (3 b. REIECTED h. APPLICANT •00 35. CONTACT FOR ADDITIONAL INFORMA• TION (Name and telephone number) 36. Year, month day e. STATE .DO ❑ o. RETURNED FOR ENDING DATE 19 d. LOCAL .00 37- REMARKS ADDED - AMENDMENT g 1311- DEFERRED . e. OTHER .00 I. TOTAL $ .00 ❑ It WITHDRAWN ❑ Yet- ONO 38. A. In khlnR above aNion, any eemmMts re"ind from durinQhouaee wan M. Part 1. ONB Circular A-95, b. FEDERAL AGENCY A-95 OFFICIAL FEDERAL AGENCY mdared. 11 ,tansy Ieepnee la due uedx prorWOM at It on been or k Mine made. (Name and IekvAOna too.) Ai5 ACTION 424-303 - - - - Prm, W by 09A red"it Xowe'Waeal Oiroa4� 71-f GENERAL INSTRUCTIONS . s is a multi- purpose standard form. First, it will be used by applicants as a required facesheet for pre• applications and applications submitted in accordance with Federal Management Circular 74-7. Second, it will be used by Federal agencies to report to Clearinghouses on major actions taken on applications reviewed by clearinghouses in accordance with OMB Circular A-95. Third, it will be used by Federal agencies to notify States of grants -in -aid awarded in accordance with Treasury Circular 1082. Fourth, it may be used, on an optional basis, as a notification of intent from applicants to clearinghouses, as an early initial notice that Federal assistance is to be applied for (clearinghouse procedures will govern). APPLICANT PROCEDURES FOR SECTION 1 Applicant will complete all items in Section 1. If an item is not applicable, write "NA ". If additional space is needed, Insert an asterisk "• ", and use the remarks section an the back of the form. An explanation follows for each Item: Item 1. Mark appropriate box. Pre - application and applica. tion guidance is in FMC 74-7 and Federal agency Program Instructions. Notification of intent guid. ance is in Circular A -95 and procedures from clear. inghouse. Applicant will not use "Report of Federal Action" box. 2a. Applicant's own control number, if desired. 2b. Date Section I is prepared. 3a. Number assigned by State clearinghouse, or if dele- gated by State, by areawide clearinghouse. All re- quests to Federal agencies must contain this identi- fier if the program is covered by Circular A-95 and required by applicable State /areawide clearing. house procedures. If In doubt, consult your clear - Inghouse. 3b. Date applicant notified of clearinghouse identifier. 4a-4h. Legal name of applicant /recipient, name of primary organizational unit which will undertake the assist. ance activity, complete address of applicant, and name and telephone number of person who can pro. vide further Information about this request. 5. Employer identification number of applicant as as. -signed by internal Revenue Service. 6a. Use Catalog of Federal Domestic Assistance num- ber assigned to program under which assistance Is requested. If more than one program (e.g., joint. funding) write "multiple" and explain in remarks. If unknown, cite Public Law or U.S. Code. 6b. Program title from Federal Catalog. Abbreviate If necessary. 7. Brief title and appropriate description of project. For notification of Intent, continue In remarks sec. tion if necessary to convey proper description. , 8. Mostly self- explanatory. "City" Includes town, town. ship or other municipality. 9. Check the types) of assistance requested. The definitions of the terms are: A. Basic Grant. An original request for Federal funds. This would not Include any contribution Provided under a supplemental grant. B. Supplemental Grant. A request to increase a basic grant in certain cases where the eligible applicant cannot supply the required matching share of the basic Federal program (e.g., grants Mby the Appalachian Regional Commis- sion to provide the applicant a matching share). C. Loan. Self explanatory. Item D. Insurance. Self explanatory. E. Other. Explain on remarks page. 10. Governmental unit where significant and meaning. ful impact could be observed. List only largest unit or units affected, such as State, county, or city. If entire unit affected, list it ratherthan subunits. 11. Estimated number of persons directly benefiting from project. 12. Use appropriate code letter. Definitions are: A. New. A submittal for the first time for a new project. B. Renewal. An extension for an additional funding/ budget period for a project having no projected completion date, but for which Federal support must be renewed each year. C. Revision. A modification to project nature or scope which may result in funding change (in- crease or decrease). D. Continuation. An extension for an additional funding /budget period for a project the agency initially agreed to fund for a definite number of years. E. Augmentation. A requirement for additional funds for a project previously awarded funds in the same funding /budget period. Project nature and scope unchanged, 13. Amount requested or to be contributed during the first funding /budget period by each contributor. Value of in -kind contributions will be Included. If the action is a change in dollar amount of an exist. ' ing grant (a revision or augmentation), indicate only the amount of the change. For decreases an. close the amount in parentheses. If troth basic and supplemental amounts are included, breakout In remarks. For multiple program funding, use totals and show program breakouts in remarks. Item defi. nitions: 13a, amount requested from Federal Gov. ernment; 13b, amount applicant will contribute; 13c, amount from State, if applicant is not a States 13d, amount from local government, if applicant is not a local government; 13e, amount from any other sources, explain in remarks. 14a. Self explanatory. 14b. The district(s) where most of actual work will he accomplished. If city -wide or State-wide, covering several districts, write "city -wida" or "State- wide." 15. Complete only for revisions (item 12c), or augmen- tations (item 12e). STANDARD FORM 424 PAGE 3 (10 -75) Item Item 16. Approximate date project expected to begin (usually associated with estimated date of availability of 19. Existing Federal identification number if this Is not a new request and directly relates to a previous funding). Federal action. Otherwise write "NA ". 17. Estimated number of months to complete project 20• Indicate Federal to which bet d after Federal funds are available. address not required use 18. Estimated date preapplication /application will be submitted to Federal agency if this project requires ZIP 21. Check appropriate box as to whether Section IV of clearinghouse revievr. If review not required, this form contains remarks and /or additional remarks date would usually be same as date in item 2b. are attached. APPLICANT PROCEDURES FOR SECTION II Applicants will always complete items 23a, 23b, and 23c. If clearinghouse review is required, item 22b must be fully com- pleted. An explanation follows for each item: item 22b. List clearinghouses to which submitted and show in appropriate blocks the status of their responses. For more than three clearinghouses, continue In remarks section. All written comments submitted by or through clearinghouses must be attached. 23a. Name and title of authorized representative of legal applicant. Item 23b. Self explanatory. 23c. Self explanatory. Note: Applicant completes only Sections I and 11. Section III is completed by Federal agencies. FEDERAL AGENCY PROCEDURES FOR SECTION III If applicant - supplied information in Sections I and II needs no updating or adjustment to fit the final Federal action, the Federal agency will complete Section III only. An explanation for each Item follows: Item 24. Executive department or Independent agency having program administration responsibility. 25. Self explanatory. 26. Primary organizational unit below department level having direct program management responsibility. 27. Office directly monitoring the program. 28. Use to identify non -award actions where Federal grant identifier in item 30 is not applicable or will not suffice. 29. Complete address of administering office shown In item 26. 30. Use to identify award actions where different from Federal application identifier In item 28. 31. Self explanatory. Use remarks section to amplify where appropriate. 32. Amount to be contributed during the first funding/ budget period by each contributor. Value of In -kind contributions will be Included. If the action is a change in dollar amount of an existing grant (a revi- sion or augmentation), indicate only the amount of change. For decreases, enclose the amount in pa- rentheses. If both basic and supplemental amounts are Included, breakout in remarks. For multiple pro- gram funding, use totals and show program break- outs in remarks. Item definitions: 32a, amount awarded by Federal Government; 32b, amount ap- plicant will contribute; 32c, amount from State, if applicant is not a State; 32d, amount from local government if applicant is not a local government-, 32e, amount from any other sources, explain in remarks. 33. Date action was taken on this request. _ 34. Date funds will become available. Item 35. Name and telephone no. of agency person who can provide more information regarding this assistance. 36. Date after which funds will no longer be available. 37. Check appropriate box as to whether Section IV of form contains Federal remarks and /or attachment of additional remarks. 38. For use with A-95 action notices only. Name and telephone of person who can assure that appropri- ate A-95 action has been taken —If same as person shown in item 35, write "same ". If not applicable, write "NA". Federal Agency Procedures— special considerations A. Treasury Circular 1082 compliance. Federal agency will assure proper completion of Sections I and III. If Section I is being completed by Federal agency, all applicable Items must be filled in. Addresses of State Information Recep- tion Agencies (SCIRA's) are provided by Treasury Depart- ment to each agency. This form replaces SF 240, which will no longer be used. B. OMB Circular A-95 compliance. Federal agency will as- sure proper completion of Sections I, II, and III. This form is required for notifying all reviewing clearinghouses of major actions on all programs reviewed under A95. Addresses of State and areawide clearinghouses are pro- vided by OMB to each agency. Substantive differences between applicant's request and /or clearinghouse recom- mendations, and the project as finally awarded will be explained in A -95 notifications to clearinghouses. C. special note. In most, but not all States, the A-95 State clearinghouse and the (TC 1082) SCIRA are the same office. In such cases, the A-95 award notice to the State clearinghouse will fulfill the TC 1082 award notice re- quirement to the State SCIRA. Duplicate notification should be avoided. ' STANDARD FORM 424 PAGE 4 (10 -75) - , ,. - -.,- : +r+ -.rryr sect ,. ,••7. �t .,, aura . , , , .. emote -exw -r aw .�r► l RUTH' f� y Y • .M Coastal Bend Council of Governments February 20, 1978 Mr. R. Marvin Townsend, City Manager City of Corpus Christi P. 0. Box 9277 Corpus Christi, Texas 78408 Dear Mr. Townsend: The staff of the Coastal Bend Council of Governments has completed its review of the City of Corpus Christi pre - application to the Federal Aviation Administration for a $ 100,000 grant to make improvements to the Airport Entrance/ Exit Road. In accordance with the CBCOG Project Notification and Review System and the Office of Management and Budget Circular A -95, this project is found to be "Primarily of Local Significance" and not in conflict with any known regional or local plans or development objectives. When submitted to the funding agency, this letter will serve as evidence that areawide clearinghouse review requirements have been met. If we can be of any further assistance in the processing of this application, please do not hesitate to contact us. Sincerely, John P. Buckner Executive Director JPB/mb P.O. BOX 6609, SECOND FLOOR-PARKDALE SQUARE OFFICE TOWER, 4600 PARKDALE DRIVE " CORPUS CHRISTI, TEXAS 78411, 1512 854.3081 RUTH GILL iM�.man Coastal Bend Council of Governments August 23, 1977 Mr. R. Marvin Townsend City Manager City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78408 Dear Mr. Townsend: The staff of the Coastal Bend Council of Governments has completed review of the City of Corpus Christi's preappli- cation to the Federal Aviation Administration for a $724,500 grant to make commercial rarrp overlay improvements at the Corpus Christi International Airport. In accordance with the Project Notification and Review System of the Coastal Bend Council of Governments and the Office of Management and Budget Circular A -95, the project is found to be "Primarily of Local Significance ". This preapplication has been assigned State Application Identifier Number TX70820109. When submitted to the funding agency, this letter will serve as evidence that areawide clearinghouse requirements have . been met. If we may provide any additional assistance, please contact US. Sincerely, ✓John P. Buckner Executive Director JPB/mb P.O. BOX 6609, SECOND FLOOR - PARKDALE SQUARE OFFICE TOWER, 4600 PARKDALE DRIVE CORPUS CHRISTI, TEXAS 78411, (514 854.3081 n't RUTH GILT Coastal Bend Council of Governments February 20, 1978 Mr. R. Marvin Townsend, City Manager City of Corpus Christi P. O. Box 9277 , Corpus Christi, Texas 78408 Dear Mr. Townsend; Tkte staff of the Coastal Bend Council of GovemTents has completed its review of the City of Corpus Christi pre - application to the Federal Aviation Administration for a $342,000 grant to extend General Aviation Ramps at the Corpus Christi International Airport. ' In accordance with the CBCOG Project Notification and Review System and the Office of Management and Budget Circular A -95, this project is found to be "Primarily of Local Significance" and not in conflict with any known regional or local plans or development objectives. when submitted to the funding agency, this letter will serve as evidence that areawide clearinghouse review requirements have been met. If we can be of any further assistance in the processing of this application, please do not hesitate to contact us. Sincerely, tl � John P. Buckner Executive Director JPs /mb RECEIVED MAY 15 '78 lockvmod, Andrews & Nenam CONSULTING ENGINEERS CORPUS CHRISTI, TEXAS C!JRRRESP. CONII(ACT ' P, O. BOX 6609, SECOND FLOOR - PARKDALE SQUARE OFFICE TOWER, 4600 PARKDALE DRIVE CORPUS CHRISTI, TEXAS 78411, (512) 854.3081 DEPI ; OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION • OMB NO B0 -RG PART II PROJECT APPROVAL INFORMATION SECTION A Coastal Bend Council Item 1. of Governments Does this assistance request require State, local, Name of Governin god regional, or other priority rating? Priority Rating PrWr y 0 Ooa gn cance X Yes No Item 2. Does this assistance request require State, or local Name of Agency or advisory, educational or health clearances? Board ' Yes X No (Attach Documentation) Item 3. Does this assistance request require clearinghouse review (Attach Comments) in accordance with OMB Circular A -95 ?- X Yes No Item 4. Does this assistance request require State, local, Name of Approving Agency regional or other planning approval? X Date Yes No Item 5. Is the proposed project covered by an approved Check one: State n comprehensive plan? Local 71 X Regional El Yes No Location of plan Item 6. Will the assistance requested serve a Federal Name of Federal Installation installation? Yes X No Federal Population benefiting from Project Item 7. Will the assistance requested be on Federal land Name of Federal Installation or Installation? Location of Federal Land Yes X No Percent of Project Item S. WIII the assistance requested have an impact or effect See Instruction for additional information to be on the environment? provided. Yes X No Item 9. Number of ' Will the assistance requested cause the displacement of Individuals Individuals families, businesses, or farms? Families Businesses Yes X No Farms Item 10. Is there other related Federal assistance on this See instructions for additional information to be project previous, pending, or anticipated? provided. X Yes No FAA Farm 5100.100 (6 -73) SUPERSEDES FAA FORM 5100.10 PAGES 1 THRU 7 Page 2 INSTRUCTIONS PART II — SECTION A Negative answers will not require an explanation unless the Federal agency requests more information at a later date. Provide supplementary data for all "Yes" answers in the space provided in accordance with the following instruc- tions.: , i i , Item 1 — Provide the name of the governing body establish. ing the priority system and the priority rating assigned to this project. Item 2 — Provide the name of the agency or board which issued the clearance and attach the documentation of status or approval. Item 3 — Attach the clearinghouse comments for the appli- cation in accordance with the instructions contained in Of- fice of Management and Budget Circular No. A -95. If com- ments were submitted previously with a preapplication, do not submit them again but any additional comments re- ceived from the clearinghouse should be submitted with this application. Item 4 — Furnish the name of the approving agency and the approval date Item 5 — Show whether the approved comprehensive plan is State, local or regional, or if none of these, explain the scope of the plan. Give the location where the approved plan is available for examination and state whether this project is in conformance with the plan. Item 6 — Show the Federal population residing or working on the federal installation who will benefit from this project. Item 7 — Show the percentage of the project work that will be conducted on federally -owned or leased land. Give the name of the Federal installation and its location. Item 8 — Briefly describe the possible beneficial and /or harmful impact on the environment because of the pro- posed project. If an adverse environmental impact is antici- pated, explain what action will be taken to minimize the impact. Federal agencies will provide separate instructions if additional data is needed. Item 9 —State the number of individuals, families, busi- nesses, or farms this project will displace. Federal agencies will provide separate instructions if additional data is needed. Item 10 —Show the Federal Domestic Assistance Catalog number, the program name, the type of assistance, the sta- tus and amount of each project where there is related pre- vious, pending, or anticipated assistance. Use additional sheets, if needed. t U.S. GOVERNMENT PRINTING OFFICE: 1974-672 -743 PART II - SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use._-The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: The Sponsor has compatible land use zoning ordance. Adjacent property usage is controlled by the City. 2. 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 3. Possible Disabilities.- -There are no facts or Circumstanc (including the existence 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 Part V of this Application, either by limiting its legal-or financial ability or otherwise, except as follows: NONE 4. 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 Airport, subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A": See Exhibit "A" for project 6- 48- 0051 -05 *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. Page 3a r 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. (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 "A": NONE (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A ": NONE 5. 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 ex,ept as follows: None *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. Page 3b s.A nY tl 41, 1 PART III — BUDGET INFORMATION — CONSTRUCTION SECTION A — GENERAL 111.1 Federal Domestic Assistance Catalog No . . . . . . . . . . . • . 1 n? 2. Functional or Other Breakout . . . . . . . . . . .. . . . . . . . . . SECTION B.— CALCULATION OF FEDERAL GRANT Cast Classification Use only for —i.i.r. Total Amount Required Latest Approved Amount Adius�ment or 1. Administration expense $ S S 27,697 2. Prelifluntafy expense 115-425 3. Land,structlures, right-of•ytay 4. ArEhitectural engineering basic fees 101,579 5. Other architectural engineering fees 6. Project inspection fees 76,020 .7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 1,435,325 12. Equipment 13. Miscellaneous 14.'Total (Lines I through 13) 1,656,046 15. Estimated Income (if applicable) 16. Net Pnojec . t Amount (Line 14 minus 15) 1,656.046 17. Less: Ineligible Exclusions 18. Add: Contingencies 138,505 19. Total Project Amt. (Excluding Rehabilitation Giants) 1,794,551 20. Federal Share requested of Line 19 1,6 06,096 21. Add-Rehabilitation GFantsRequested (100 Percent) - 22. Total Fedefa I I grant requested (Ernes 20 &*21) 1,606.096 23. Grante e share 188,455 24. Other shares 25. Total project (Lines 22, 23 & 24) S S S 1.794,551 Page 4 AP.TMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION oM Rortla SECTION C — EXCLUSIONS C l ossiriearion I Inelig iblo for I CoExcluded from PmnclaoUOn m mQ.-Y Prod amn FAA AC 75.0232 Pag* 5 1 b d f. g• Totals g g • SECTION D — PROPOSED METHOD OF FINANCING NON- FEDERAL SHARE V. Grantee Share S a. Secuntles b. Mortgages c. Appropriations (By Applicant) d. Bonds 188,455 e. Tax Levies (. Nan Cash g. Other (Explain) h. TOTAL — Grantee share 2R. Other Shares a. State h. Other c. Total Other Shares 29. TOTAL $ 188 455 SECTION E — REMARKS PART IV PROGRAM NARRATIVE Attach — See Instructions FAA Form 5100.1m) I6 -731 SUPER —n— — 1— .. ... . _.. _.. _ FAA AC 75.0232 Pag* 5 CORPUS CHRISTI INTERNATIONAL AIRPORT AIRPORT IMPROVEMENTS PROGRAM NARRATIVE Much needed improvements at the Corpus Christi International Airport are required due to the recent rapid increase in air traffic. Vehicular traffic to the terminal will be improved by the construction of an exit road parallel to the existing access road. The existing access road will be strengthened. Roadway lighting and median land- scaping will be provided. A portion of the existing loop road that serves the terminal will be rebuilt and strengthened. A paved turnaround will be provided at the fuel dump area to improve safety. At present, fuel trucks have to back out, turn around on an unpaced surface, or turn around on the taxiway. Five electronically controlled secuirty gates and a concourse security wall will be provided to aid in controlling access to the airport. The existing commercial ramp is experiencing structural failures due to pumping of the subbase. The ramp was designed in 1960 to support a 113,000 pound aircraft. Presently, aircraft weighing 170,000 pounds are using the ramp. Proposed construction to strengthen the ramp will improve aircraft safety and reduce major maintenance. Two existing general aviation ramps will be extended to serve the in- creasing number of smaller aircraft. PART V ASSURANCES The applicant hereby assures and certifies that he will comply with the regulations, policies, guidelines and requirements, . including Office of Management and - Budget Circulars Nos A -87, A -95, and A -102, as they relate to the application, acceptance and use of Federal funds for this federally- assisted project Also, the applicant gives assurance and certifies with respect to the grant that: 1. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolu- tion, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all under- standings and assurances contained therein, and directing and authorizing the person identified as the official repre- sentative of the applicant to act in connection with the application and to provide such additional information as may be required 2. It will comply with the provisions of: Executive Order 11296, relating to evaluation of flood hazards, and Execu- tive Order 11288, relating to the prevention, control, and abatement of water pollution. 3. It will have sufficient funds available to meet the non - Federal share of the cost for construction projects. Suffi- cient funds will be available when construction is com- pleted to assure effective operation and maintenance of the facility for the purposes constructed. 4. It will obtain approval by the appropriate Federal agency of the final working drawings and specifications be- fore the project is advertised or placed on the market for bidding, that it will construct the project, or cause it to be constructed, to final completion in accordance with the application and approved plans and specifications; that it will submit to the appropriate Federal agency for prior ap- proval changes that alter the costs of the project, use of space, or functional layout; that it will not enter into a construction contract(s) for the project or undertake other activities until the conditions of the construction grant pro- grams) have been met. 5. It will provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to insure that the completed work con- forms with the approved plans and specifications; that it will furnish progress reports and such other information as the Federal grantor agency may require. 6. It will operate and maintain the facility in accordance with the minimum standards as may be required or pre- scribed by the applicable Federal, State and local agencies for the maintenance and operation of such facilities. 7. It will give the grantor agency and the Comptroller Gen- eral through any authorized representative access to and the right to examine all records, books, papers, or documents related to the grant. 8. It will require the facility to be designed to comply with the "American Standard Specifications for Making Build- ings and Facilities Accessible to, and Usable by, the Physi- cally Handicapped," Number A117.1 -1961, as modified (41 CFR 101. 17.703). The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 9. It will cause work on the project to be commenced with. in a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and that the project will be prosecuted to completion with reasonable diligence. 10. It will not dispose of or encumber its title or other interests in the site and facilities during the period of Fed- eral interest or while the Government holds bonds, which- ever is the longer. 11. It will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88.352) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participa- tion in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure thereon is pro- vided or improved with the aid of Federal financial assis. tance extended to the Applicant, this assurance shall obli- gate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or bene- fits. 12. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the ap. pearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 13. It will comply with the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91 -646) which provides for fair and equitable treatment of persons dis- placed as a result of Federal and federally, assisted pro- grams. 14. It will comply with all requirements imposed by the Federal grantor agency concerning special requirements of law, program requirements, and other administrative re- quirements approved in accordance with Office of Manage. ment and Budget Circular No. A -102. 15. It will comply with the provisions of the Hatch Act which limit the political activity of employees 16. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution em- ployees of State and local governments. FAA Form 5100 -100 (6-73) SUPERSEDES FAA FORM 5100 -10 PAGES 1 THRU 7 Page 6 DEF .T OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION ' SPONSOR ASSURANCES 17. These covenants shall become effective upon acceptance by the Sponsor of an offer of Federal aid for the Project or any portion thereof, made by the FAA and shall constitute a part of the Grant Agreement thus formed. These covenants shall remain in full force and effect throughout the useful life of the facilities developed under this Project, but in any event not to exceed twenty (20) years from the date of said 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. 18. 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. 19. 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 anv aeronautical activities, in- cluding, but not limited to charter flights, 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, granted before July 17, 1952, at such an airport, at the earliest renewal, cancellation, or expiration date applicable 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 any assistance under the Airport and Airway Development Act. 20. The Sponsor agrees that it will operate the Airport for the use and benefit of the public, on fair and reasonable OMB NO. 04 -R0; terms, and without unjust discrimination. In furtherance of the covenant (but without limiting its general applicability and effect), the Sponsor specifically covenants and agrees: a. That in its operation and the operation of all facilities on the Airport, neither it nor any person or organization occupying space or facilities thereon will discriminate against 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. b. That in any agreement, contract, lease, or other ar- rangement under which a right or privilege at the Airport is granted_ to any person, firm, or corporation to 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 to make reasonable and nondiscriminatory discounts, re- bates, or other similar types of price reductions-to volume purchasers. c. That it will not exercise or grant any right or priv- ilege which would operate to prevent any person, firm or corporation operating aircraft on the Airport from per- forming any services on its own aircraft with its own 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. 21. Nothing contained herein shall be 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 nonaeronautical service at the Airport. 22. 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 shall 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 substantiallv 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 arrangements 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 affecting aeronautical use of the Airport. FAA Farm 5100 -100 (4 -76) Page 7 ENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION' ,23. Insofar as it is within its power and reasonable, the Sponsor wiii-either-b"be 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 77.25, 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 iirwhich the Sponsor has acquired, or hereafter acquires, property interests permitting it to so control the use made of the surface of the land. 24. 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. 25. 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 proposed nonaviation areas and of all existing improvements thereon. Such airport layout plan and each amendment, revision, or modification thereof, shall be subject to the approval of the FAA, which approval shall be evidenced by the signature of a duly authorized representative of the FAA on the face of the 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. 26. 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 FAA Form 5100 -100 14-761 (ASWRO 8/76) OMa NO. 04 -1 (the total movements of government aircraft multiplied by gross certified weights of such aircraft-) is in excess of five million pounds. 27. Whenever so requested by the FAA, the Sponsor will furnish without cost to the Federal Government, for coli- 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 be made available as provided herein within 4 months after receipt of written request from the FAA. 28. The airport operator or owner will maintains 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. 29• 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. 30- All project accounts and records will be kept in ac- cordance with a standard system of accounting if so pre- scribed by the Secretary. 31. 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 4(a),4(b), and ft(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 in a manner acceptable to the FAA. 32. 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. 33- Unless the context otherwise requires all terms used in these covenants which are defined in the Act and the Regulations shall have the meanings assigned to them therein. Pag* 8 CIVIL RIGHTS (Title VI) ASSURANCES Regarding Compliance With DOT Regulations Part 21 The City of Corpus Christi referred to as either "Sponsor" or "Airport Owner /Operator")rHEREBYer AGREES THAT AS A CONDITION to receiving any Federal financial assistance from the Department of Transportation, 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 accordance 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 benefits 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 the ADAP Project (hereinafter referred to as "the ADAP Project ") covered by the Application to which this assurance is affixed. 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 the ADAP Project and, in adapted form in all proposals for negotiated agreements: The "Airport Owner /Operator," 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 Regula- tions, Department of Transportation, Subtitle A,, Office of the Secretary, Part 21, Nondiscrimination in-Federally- assisted programs of the Department of Transportation Page 1 of 6 (ASWRO -- Oct /77) 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 respohse to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration 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 fifiAW6ial assistance to construct a facility, or part df a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 5• That where the spohsoi 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 udder such property. 6. That the sponsor shall include 'the' appropriate clauses set forth in Attachment 2 of this assurance; a °s a covenant running with trio land; in any future deeds, Tea'se`s; "pe`rmits; licenses, 'arid similar agreements entered into by the `spd'n's'on With other' parties: (1)' for the subsequent transfer of "real ''"rbperty acquired or improved under the Airport Development Aid Program of Ebb Federal Aviation Administration, and (b) for the construction of use '6Y or access tb spa 16 on, over; or under real property acquired; o$RV r ied under the said 1lirport. Development 'Aid Program. 7. That this assurance bb ligates the sponsor' for the period during which Federal financial a`s`sistance is extended to the p'r'ogram; e3ccept where the Federal fihancial assistance is to provide; or is in the form of, personal property; or real property or interest therein o "r 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 ''8 &ii g which the p"ro`p'e"rty is used for a, purpose for which the Federal finiiiciai assistance i6 '6Aended, or for another purpose involving the pr6vik6h of similar se`rvioes or benefits, or (b) the period, during which the `sponanr" 'retains owne`r'ship or possession of the property. B. The sponsor shall provide f6' `such methods 'of 'administration for the program as are found by th'e Secretary of Transportation or the official to whom he delegates spedifi'c autho "ri't'y. to, give •rea'sohabie guarantee that it, other sponsors; subgrantees; contractors; subcon- tractors, transferees, succes'so'rs in interest, and other participants Page 2 of 6 (ASWRO-- Oct /77) 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. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts, 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 Adminis- tration and is binding on it, contractors, subcontractors, transferees, successors in interest, and other participants in the ADAP Project. Formal submission of the Application for Federal Assistance to which this assurance is affixed shall constitute agreement to the terms hereof. ATTACHMENT 1 to Civil Rights (Title VI) Assurances 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 retention 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 contract 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 Page 3 of b (ASWRO-- Oct /77) 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 noncom- pliance: Provided, 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 addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. ATTACHMENT 2 to Civil Rights (Title VI) Assurances The following cla6ses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by the "Airport Owner/ Operator" pursuant to the provisions of Assurance 6(a). Page 4 of 6 (ASWRO-- Oct /77) 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 Transportation 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- 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, "Airport Owner /Operator" 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, "Airport Owner /Operator" 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 "Airport Owner /Operator" and its assigns. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by "Airport Owner /Operator" pursuant to the provisions of Assurance 6(b). The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his 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 (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits 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 be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) shall use the premises in compliance with all other Page 5 of 6 (ASWRO-- Oct /77) 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, "Airport Owner /Operator" shall hai6 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 a`s it said (license; 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, "Airport Owner/Operator" 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 "Airport Owner /Operator" and its assigns. *Reverter clause and related language to be used only when it is determined that such a clause is hecessaiy in o`rd`er to effectuate the purposes of Title VI of the Civil,Aghts Act oP 1964. Page 6 of 6 (ASWRO-- Oct /77) Subtitle A —Office of the Secretary of Tranportation PART 21— NONDISCRIMINATION IN FEDERALLY- ASSISTED PROGRAMS OF THE DEPARTMENT OF TRANS- PORTATION— EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 Sec. 21.1 Purpose. 21.9 Application of this part. 21.6 Discrimination prohibited. 21.7 Assurances required. 21.9 Compliance information. 21.71 Conduct of Investigations. 21.16 Procedure for eifeoting compliance. 21.16 Hearings. 21.17 Decisions and notices. 21.19 Judicial review. 21.21 Effect ou other regulations, forms, and 1netructiolr8. 21.29 Defimtlons. Appendix A: Activities to which this part applies. Appendix H: Activities to which this part applies when a primary objective of the Federal financial assistance is to provide employment. Appendix C: Application of Part 21 to cer. W. Federal financial aeslatanee of the Department of Transportation. Anrnosrrr• The provisions of this Part xi Issued under sec. 662. 42 D.&C. 2oe04-1, unlesa otherwise noted. Sooscx: The provisions of this Part 21 appear at e6 FR. 10080. Jilne ia. 1970, unless otherwise noted. 121.1 Purpose. The purpose of this part Is to eTeo- tuate the provisions of title V1 of the Civil Rights Act of 1804 (hereafter re- 121.3 Title 49— Transportation 4 41 I ferred to u the Act) to the and that no Devon In the United States shall, on the grounds of raw, color, or national ort- On, be ezeluded from participation ba, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial asdsiance from the Department of Transportation. $ 21.5 Appliudon of this part ' (a) This part applies to any program for which Federal financial assistance Is authorised under a law administered by the Department, including the federally assisted programs and activf- ties listed In Appendix A to this part It also applies to money paid, property transferred. Or other Federal finanelal assistance extended under any such pro- train after the effeative date of this part Pursuant to an appllaation approved be-. fore that effective date. This part does not apply to: (1) Any Federal financial assistance by way of insurance or guaranty contracts; (2) Money paid. property transferred, or other sadstanoe extended under any such program before the effective date of this part, exempt where such assistance was subject to the title VI regulations of any agency whose responsibilities are now exercised by this Department; (2) Any assistance to any ladlvidual who Is the ultimate benenclary under any Such program; Or (4) Any employment practtee, under any such program, of any employer, em- ployment agency, or labor orgaalsatfon. except to the extent described In 121.5(0). The fact that a program or activity is not listed In Appendix A to this part shall not mean, If title V1 of the'Act Is otherwise applicable that such program Is not aorwred. Other programs 1lnder statute$ new In fora or hereinafter an- acted may be added to Appendix A to this part (b) Th any program rwdvft Federal nnanrlal assistance In the form, or for the acquidtfon, of real property or an Intent In real property, to the extent that rights to space on. over, or under any each proparty we Included as part of the program receiving that .sale.= the noudieoelmtoatioa requirement of P-- this part shall extend to any I located wholly or in part In that spa.,... 6 21.5 Disrrixotnsdon prohibited. , (a) General: No person In the United " States shall, on the grounds of race, color, or national origin be excluded from participation lit, be denied the.• benefits of, or be otherwise subjected to discrimination under, any prognym to which this part applies. (b) Specific discriminatory action& prohibited: (1) A recipient under any program to which this part applies may not, directly or through contractual or other arrange- ments, on the grounds of race, color, or national origin — (1) Deny a person any service, fSnan- eW aid, or other benefit provided under the program; (ii) Provide any service, financial aid, or other benefit to a person which is dif- ferent or is provided in a different man- ner, from that provided to others under the program; (ill) Subject a person to segregation or separate treatment In any matter related to his receipt of any service, financial aid, or other benefit under the program• (tv) Pestrlet n person In any way_ in the enjoyment of any advantage or Privilege enjoyed by others receiving aarumy service, financial odd, or other benefit under the program; (v) Treat a person differently from others In determining whether he satte- do any admission, enrollment quota. ellglbility, memboship, or other require- meat or condition which persona malt meet In order to be provided any service, Anancial aid, or other benefit provided under the program; (vi) Deny a person an opportunity to Partcipate in the program through the provision of services or otherwise or afford him an opportunity to do so which to different from that afforded others under the program; or (vii) Deny is person the opportunity to Participate as a member of a planning, advisory, or similar body which Is an in- tegral part of the program. (2) A recipient, In determining the types of ser►loa, financial aid, or benefits, or facllitfad which will I vlded under any such program, class of person to whom or the eita Subtitle A —Office of the Secretary of Transportation 421,6 g 21.7 Title 49— Transportation In which, such services, financial aid, Crlminstion under any program or ac- other benefits, or facilities will be pro - tivity to which this part applies, the ap- vided under any such program, or the plicant or recipient must take affirmative class of persons to be afforded an oppor- action to remove or overcome the effects tunitir to participate In any such pro- of the prior discriminatory practice or gram: may not, directly or through con- usage. Even in the absence of prior cila- tractual or other, arrangements. utilire crhntnatory practice or usage, a recipient criteria or methods of administration In administering a program or activity which have the effect of subjecting per- to which this part applies, is expected to sons to discrimination because of their take affirmative action to %_%sure that no race, color, or national origin, or have person Is excluded from participation in the effect of defeating or,substsntlally or denied the benefits of the program or 4mpairing accomplishment of the ob- activity on the grounds of race, color, or Jectives of the program with respect _to national origin, individuals of .a particular race,; color, (c) Employment practices; or national origin. (1) Where a primary objective of,a (3) In determining the,slte or loca- program of Federal financial assistance tion of facilities, a recipient or applicant may not make selections with the put- to ,which this part applies is to provide pose or effect of excluding from, employment, .a recipient or other party ,subject to this part.shall not, directly :er denying them the benefits of, or subject- f, or s 1ng them to discrimination under any through contractual -or other:arrange- procmm,to which this regulation applies, :ments,,aubject-a person to discrimina• .tlon 'on the ground of race, color, -or on the;grotmde of race, color, or national national origin in !ts'employment.praa- origin;;,or with the purpose or effect of 'tires underssueh program (including rem defeating onsubatantially impairing the erultment -or recruitment �advertlabix, accomplishment of the objectives of:tba hiring,;Hring. upgrading, promotion, :de - Act or this part. - motion, (transfer, .layoff, -termination. (4) As used In -this -section the.serT- =rates-of Pay.or -other forms of compensa- icee, financial aid, or other' benefits-pro- .lion or benefits saeleetlon'for'trainh,,ar Tided under a Program recelving,Federal 'apprenticeship, use -of "tacillUes, tend financial asaLtence7nclude. any- service, -treatment-ofiemployees). Such recipient financial aid, or(other benefit provided - shall'takemiffir ative >aationtto,Insurs In or through 7a(fsdlity Providedmith € that :appllcants;ave,employed,caud =em- the,ald of Pederalfflnancial.assl'tance. , Ployeeseare 'treated,duriugtemplaym" (6) The enumeration obspedfio forma °without •regard •to "their trace, roolor,(or of prohibited ,discrimination in .this :national :origin.'.Tbe requirements tw pamgraph doesmot limit the,generauty , pUciLble,toiomutrtmOonromployment un- of the prohibition:in paragraph (a) :of •der :any rsuch ;pr'ogram ,shall be "tha- thts'section. ,EPedfed in(or,punuantito)Par lMo,a[ 46) ExLmpler%demonstrating'tha =ap- :Executlr&'Order.11246'or, any miacutin plccation of the provisions of tbls:section corder.which'superndei It. to certain programs of the Department (2) 'Federal rllnandal :assistance tth Of TYanaDortatfon are ocmtained.ln AD- ivrograms,under laws;funded_or:admiu- pandlx C of.thla part. rLtared,by'.the'Departmentcwhteh have (7) This part does not prohibit the..,as s ,primary -obJective.the7providing at conif6mtiun:os'rue; color,' or• natloni6f"' employment .Jnclitde.those.-et.fotth]H: origin If the purpose.and _effect are to fADDeadix 8 ito ltbl'.pWL remove or overcume,the conoequences of '(3) ;Where a-prdmary.dbjective of the Practices or Jmpediments'which have re- 'Federal 'financial assistance -is _not ",to stricted the avagabllity-of, or participa- ;provide employment; but discrimination Hon In, the program or activity receiving 'on the grounds of race, color, or national Federal :financial assistance, on the origin in'the employment practices-01 grounds of race, color, or national origin. the recipient or other persons subject =to Wherelprior discriminatory practice or the regulation tends, on'the; grounds of usage tends, on the grounds of race, color, race, color, or national origin, to exclude or national origin to exclude Individual' individuals from -participation in, to from participation in, to deny them the dany them the benefits of, or to ^subject benefits of. or to subject them to d1a- them to discrimination under'any pro- gram to which this regulation applies, of a faculty or part of a facility, tL the provisions of subparagraph (1) of surance shall in any eves' extend to tie this paragraph &hall apply to the em- entire facility and to facilities operated ployment practices of the recipient or In connection therewith. The Secretary other persons subject to the regulation, shall specify the form of the foregoing to the extent necessary to assure equal- assurances for each program, and the lty of opportunity to, and nondlaerlmina- extent to which like assurances will be tory treatment of, beneficiaries. required of tubgrantees, contractors and (d) A recipient may not make a selee- .subcontractors. transferees, successors in tion of a site or location of•& IacWty if - interest, =and other participants In the' .the purpose of that selection. oI -Its effect Program. Any such assurance shall fn- ,when made, Is to exclude individuals from 'elude - provisions which. give the United participation in, to deny them the bens- states ,a right to seek its judlcW fits of, onto subject them to Nacrlmina- enforcement. -Hon under any program or activity to , (2) In the case where Federal than 'which this rule applies. on the grounds of eial.saststance is provided In the form .race, color, or national origin; or-if -the of a transfer of real property, structures, .purpose Is to, or itseffect when made will, -or improvements thereon, or interest foubstantlally, impair-the accomplishment .therein, from the Federal Government, cof.the objectives -of this part. :the instrument effecting or recording the ,135 FR 10090.:JUns'18, 1970,-w'atnended by ttranafer'ahall Contain a covenant TUII- Amdt. 71- 2.'U-Fn 17997. Julr•b, 19,731 tninsmith the land assuring nondlscrlm- 21.7 Assursnees heB. Anatlon!for:the.perlod during which the S' re -real,propertylls -,used fora purpose for. (a) . General • (D'Every:application'for :Whiahtthe'- Federal'flnancial saefatanee is 1Federal'flnancial ssststance;to-eart',,out textanded:or•for,another purpose lnvoly- :a program :to .which this ipart €applies, ling (the:provlblon lol.sltnilar servics7 or iexceptistprogramito _which paragraph 'bansfita.1,Wheremo.transfer of property. ( b): of. thlasactiowsppltn..anQreverymP- cor, interest .thereln'trom =the Federal Gov- : pileation 'for:Federal!IInaneial,aufstwue °emmentl-s:lnvolved, but property Is qo- tbo,provide:&;fsollltTshall..as a'condlHon iquired:or: improved under_a- program of ".W Jts'approTal'arld, the, xtenalon.oVany 7P'eAeril.finaneiLlrasal'tenCl, the recip- tFeiletal .1lnandal assistance *.pursuant •tent rahall .agree tto(lnclude -such cove- aant :in) aay'subsequent.tranefer. of'such tto= the.aPPLaatlon, caritain:or °.betaecom- , property .;Whenithelpropertyil' -obtilned ;panied:hy. !an,aesurance(thatttheipro- from tthe :Federal Government, such - grain: will '.brconducted7or:the facility op- tcovenanitmpaalsotlnciude A'oondltion (erateA:in (compliance iwith :all trequfre- ccoupled with.a'right to be'reserved by -the "ments'imposed)by : o7:pursuant lto:this ; Department :to!rermtttlWeto;theprop - matt. )Every rprogram (of iFederal fflnan- (erty- in'Aheeevent of a breach of the cove - teialtaasistance!shalIlrequire:the submis- inant where, vin `the tAlecretion of the rsion -of (such ran saasumnee.lin tthe reuse tsecretary,•suchia condition-and right of %where tthe lPederal ffinancial :uststance :reverter Us., appropriate to the program :la to provide or is 1nAhe'forn of personal (under iwhich !the real, property As ob- iproperty, or areal tproperty wr `interest stained and:to:the nature of the grant and ,therem,or:strueturea thereon,Ahs.assur- 'the,grantee..Intsuch: event it a'trarta -. ranee' shall- ob4gaterthe'redplent,:pt. fn, deree ofireal property, proposes to mort- •. ,the case, iii; �';sutiseotlerit.transfer`, °.tba` `;gi'4e'•dY °othei'wlae�iencufiiber:the,. 'trvmsferee,'fot,themeriod. during -which ,property'im,neuriti 'for"fizianiing, con `the•propertyitstusadfforta purpose for Istraction ,,of new,(or Improvement aex - -' •which the•Federil "financial , a- istance.ls ilsting, " facilitles con much :property ?for aexeended- ortfor:andther- purpose involy- . the, purpoam :forttcbich`the-prol)erty.was _Ing'the "provision olisimllar:services -or .transferred, '.the fSecretary may 'agree,. . benefits, .or.for ?aa.longsm'.Lherecipient : upon ,request :of 'the 'transferee 'and if :retains,ownerahip.or; possession of .the necessary •to :accomplish such ;financ- 1,property, ;whichever Is longer. ,�In .all _Ing, baud upon 'such •conditions a -other.coses'.the assurance ahall•obligate 'deems-appropriate. to subordinat :the recipient for,the period during which right of :reversion to the lien (u :Federal'Hnand►l =assistance is extended mortgage or other encumbrance. to the program. In the case where the (b) Continuing State programs. Eery assistance Is sought for the construction application by a State or a State agency zounnute A —umce at the Secretary of Transportation $11.11 I ti.13 Title 49— Transportation to carry out a program Involving am- tinning Federal financial assistance to Which this part applies (lncluding the programs listed in Appendix A to this part) shall as a condition to its approval and the extension of any Federal flnan- clsl assistance pursuant to the appliea- Uou (1) contain or be accompanied by p statement that the program is (or, In the case of a new program, will be) conducted in compliance with all re- qulrements imposed by or pursuant to this part, and (2) provide or be accom- panied by provision for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that the applicant and all recipients of Federal financial assistance under such program will com- ply with all requirements imposed by or pursuant to this part. 21.9 Compliance information. (a) Cooperation and assistance. The Secretary shall to the fullest extent practicable seek the cooperation of re- cipients in obtaining compliance with this part and shall provide assistance and guidance to recipients to help them comply voluntarily with this part. (b) Compliance reports. Each recip- ient shall keep such records and submit to the Secretary timely, complete, and accurate compliance reports at such times, and In such form and containing such information, as the Secretary may determine to be necessary to enable him to ascertain whether the recipient has compiled or to complying with this part. In the case of any program under which a primary recipient extends Federal financial assistance to any other recip- ient, such other recipient shall also sub- mit such compliance reports to the primary recipient as may be necessary to enable the primary recipient to carry out its obligations under this pat. In gen- eral recipients should have available for the Secretary racial end ethnic data showing the extent to which members of ixlnorlty groups are beneficiaries of Programs receiving Federal financial assistance. (c) Access to sources of information. knob, recipient shall permit access by the Secretary during normal business hours to such of Its books, records, se- ootmts, and other sources of informa- tion, and Its facilities as may be pertinent to ascertain compliance with this part. Where any Information re- quired of a recipient Is in the exclusive Possession of any other agency, lnmtitu- tion, or person and this agency, Institu- tion, or person falls Or refuses to furnish this information, the recipient shall no certify in Its report and shall set forth what efforts it has made to obtain the Information. (d) Information to beneftclaries and participants. Each recipient &hall make available to participants. beneficiaries, and other interested persons such in- formation regarding the provisions of this part and Its applicability to the program under which the recipient re- ceives Federal financial assistance, and make much information available to them in such manner, as the Secretary finds necessary to apprise such Persons of the protections Lgelnst dfscrlmins- tion assured them by the Act and this part. 186 FR 10080, June 18. 1970, m amended by Amdt. 72-2, 38 FR 17907, July B. 19731 ¢ 21.11 Conduct of investigations. (a) Periodic compliance reviews. The Secretary shall from time to time re- view the practices of recipients to deter- mine whether they are complying with this part. (b) Complaints. Any person who be- lieves himself or any specific class of Persona to be subjected to discrimination prohibited by this part may by himself or by it representative file with the Sec- retary a written complaint. A complaint must be filed not later than 160 days after the date of the alleged dlserlmins- tlon, unless the time for filing is ex- tended by the Secretary. (c) Investigations. The Secretary will make L prompt investigation whenever a compliance review, report, complaint, or any other Information indicates a possible failure to comply with this part. The Investigation will include, where appropriate, a review of the pertinent practices and policies of the recipient, the circumstances under which the pos- sible noncompliance with this part oc- curred, and other factors relevant to a determination as to whether the recip- ient has failed to comply with this part. (d) Resolution of matters. (1) If an Investigation pursuant to paragraph (c) of this section Indicates a failure to com- ply with this part, the Secretary will w inform the recipient and the matter will, be resolved by Informal means whenever possible. If It has been determined that the matter cannot be resolved by In- formal means, action will be taken as Provided for in 121.13. (2) If an investigation does not war- rant Lotion pursuant to subparagraph (1) of this paragraph the Secretary will so Inform the recipient and the complain- ant, if any. In writing. (e) Iatimidatury or retaliatory acts prohibited. No recipient or other per- son shall Intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by section 601 of the Act or this part, or becalm he has made a complaint, testified, assisted, or par- ticipated in any manner in an investiga- tion, proceeding, or hearing under this Part. The identity of complainants shall be kept confidential except to the extent necessary to tarty out the purposes of this part, including the conduct of any Investigation, hearing, or judicial pro- ceeding arlaing thereunder. 186 FR 10080, Jane 18, 1070, as amended by Amdt. 72-2,39 F8. 17997, July 6, 19731 0 21.13 Procedure for effecting com. pliance. (a) General. If there appears to be • failure or threatened failure to comply with thin part, and If the noncompliance or threatened noncompliance cannot be corrected by Informal means, compliance with this part may be effected by the sun- pension or termination of or refusal to grant or to continue Federal fl —clai assistance or by any other means au- thorised by law. Such other means may include, but are not limited to, (1) a reference to the Department of Justice with a recommendation that appropriate proceedings be brought to enforce any tights of the United States under any law at the United States (lueluding other titles of the Act), or any assurance or other contractual undertaking, and (2) any applicable proceeding under State or local law. (b) Noncompliance with 131.7. It an applicant falls or refuses to furnish an assurance required under 121.7 or other- wise falls or refuses to comply with a re- quirement Imposed by or pursuant to that section, Federal financial assistance may be refused In accordance with the procedures of paragraph (c) of this sea - tion. The Department shall not be re- quired to provide assistance In such a case during the pendency of the adminls- trative proceedings under such pars- graph. However, subject to 121.21, the Department shall continue aselal- during the pendency of such procr where such assistance is due ar able Pursuant to an application cep, prior to the effective date of this pare. (c) Termination of or refusal to grant or to continue Federal financial assist -: ante. No order "pending, terminating, or refusing to grant or continue Federal financial assistance shall become effec- tive until — (1) The Secretary has advised the ap- plicant or recipient of his failure to com- ply and has determined that compliance cannot be secured by voluntary means;. (2) There has been an express finding on the record, after opportunity for hear - Ing, of a fallure by the applicant or re- cipient to comply with a requirement im- posed by or pursuant to this part; (3) The action has been approved by the Secretary pursuant to 121.17 (a) ; and (4) The expiration of 30 days after the Secretary has filed vdih the commlF tee of the House and the committee of the Senate having legislative Juriodio- lion over the program Involved, a full written report of the circumstances and the grounds for such action. Any action to suspend or terminate-or to refuse to grant or to wntinue Federal ft—d-1 assistance shall be limited to the particular political entity. or Part, thereof, or other &PPU=t or redpient as to whom etch a finding has been made and shall be limited in its effect to the particular program, or pRrt thereof, m which such nonaompilance bas been so found. (d) Other meant authorised by joie. No action to effect compliance with title VI of the Act by any other means aw thorizad by law shall be tL! m by this Department until — (1) The Secretary has determined that compliance cannot be secured bir voluntary means; (2) The recipient or other person bas been notified of Its failure to comply and of the action to be taken. to effect compliance; and (3) The expiration of at least to days from the mailing of much notice to the recipient or other person. During this period of at least 10 days, additional efforts shall be made to persuade the recipient or other person ta' comply with the regulation and to take such ear action as may be appropriate. Subtitle A— Qlllco of the Secretary of Transportation 411.17 121.17 TIN* 49— TronsporMNon 121.15 Hearing& (a) Opportunity for hearing. When- ever an opportunity for :,hearing Is required by t 21.12(e),� rem onable notice shall be given by registered or certified mall, return receipt requested to the affected applicant or recipient. ll'his no- tice shall advise the applicant or re- cipient of the action proposed to be taken, the specific provision under which the proposed action against It in to be taken, and the miatters of fact or law asserted as the basis for this action, and either (1) fix a date not leas than 20 days after the date of such-notice within . which the applicant or realplent may request of the Secretary that the matter be scheduled for hearing or (2) advise the applicant or recipient that the matter in question has been set down for hear- ing At a stated plop and time. The time and pia" so Axed ahaU be reasonable and shall be subject to chance for gauss. The ec mplainank If any, shall be advised of ths,tlme and play of the hearing. An APPILosat or realplent may waive a bearing gad submit written Informatim aodargument for the record. Thu fallme of an applicant or recipient to request • hearing under this paragraph or to appear at a hearing for which a date has ben set deemed to be i waiver of the right to a heating under section 402 of the Act and 121.13 (o) and eoaeent to the making of a decision on the bads of each Information as is available. (b) Tlms and place of heating. Beer - lap ,hall be held at the offices of the Department In Washington, D.C. -&t -a ,time fixed by the Secretary unleas,he the eonduot of the hearing, giving at notices subsequent to those provided for in paragraph (a) of this action, toting of testimony, exhibits, arguments and briefs, requests for finding&, and other related matters. Both the Department and the applicant or recipient shall be entitled to introduce all relevant evi- dence on the tasues as stated In the notice for hearing or as determined by the Ofe- cer conducting the hearing at the outset of or during the hearing, (2) Technical rules of evidence do not apply to hearings conducted pursuant to this part, but rules m prineiplta designed to assure prtiduct)on of the most credible evidence .available and to subject tpeti- mony to test by cross- examination shall be applled, where reasonably neeeuwy by uCtu,tbe hearing. Thu thmg.uma7rexcipde Irrelevant, ha immatertal, .Q u_mduly .repedttous :evi- dence. All documents and othar,skilenee offered or,taltsn fes.tW-ncord.sball be ,open to.examinatton by the purges- sad - opportanitr shill be given to refute facts and :arsuments Advanoed on either side of the issues. A transcript shall be madeat the oral evidence exoept_to the extant the ,aubata " tbeieof Is attpWted• for the record., Ali, olsi teal ons s -be based aeon the hew-g- record and written,fh�d>ngs shill lie made. (e) COMONdated or 1olat:0ear&%PAn oases in wbieh the'ssmo,or related facts rare- sseerted, tc.0amttttulo.naei0ampllanos with -this Dart with i0@aet,to "two -or more ptagrams to,vihleti this part appu-. or. ononmPUanae,with ibis part and the regulations of a®e or-' ore other Pectoral departments -or agesiss ,issued - Wdar determines that the conireatence of the title VI of icing get, the 6aoretary may. applicant or recipient or of the Depart. by agreement with -such other depart- ment requires that another place be meats or igandso. whose consolidate pro - edeate& Springs shall be hold ',--Sore vide for the o mdnot of consolidated es the Secretary, or at his dlsarstion,-before joint bearinim and for ” appUption a boiling examiner appointed in _ gap with eecttdn'7105 +of titli_ i, ted,`S, to such, hearings of rules or procedures not 4it with this. aids- 8tatta Cade. or deWled mmdar .section inoonsist PUL'A elsions in scab sass; ineotar as this rag - 5344 of title 5,1Jnited t3tates Code: "' Matson 13 concerned, shall be made-ho 04- (a) Right to counsel. in W procond- cordance with 121.17. lugs mid this section, the applicant or recipient and the Department shall have 1 y1.1T Decisions and aotieea. the right to be represented by comnseL (a) Procedure on doctrtona by Aserlar (d) Procedures, evidence, and record. .examiner. If the hearing is ,beld by a (1) Theshearing, decision, and any ad- hearing examiner, the hearing exsmb)sr minlstrative review thereof shall be con- shall either make an Inttial decision, l(so ducted in conformity with sections 554 authorised, or 0ertify the entire record through 657 of title 5, United States Including his recommended findings and Code, and in accordancce with such rules Proposed decision to the Secretary for a of procedure as age proper (and not in- final decision, and a copy of such initial consistent with this section) relating to decision or certification shall be malled to the applicant or recipient. Where the initial decision In made by the hearing examiner the applicant or recipient may. within 30 days after the mailing of such notice of initial decision, file with the Secretary his exceptions to the Initial - decision, with his reasons therefor. In the absence of exceptions, the Secretary may. on his own motion,.wlthin 45 days „after the initial decision, serve on the applicant or recipient a notice that he will review the decision Upon the. fibres of such exceptions or of notice of review, the Secretary shall review the initial de- cision,and Wde his own drolalon° thereon Including the reasons therefor. In the ab- __sence of either exceptiona or a notice of review the Initial deelsion shall, subject .to paragraph ,(e) of this seetion,-eonsti- ;,tute the "anal declatoa.ef -the Secretary. (b) D"lons on reeord;nr reviero-by ,the Secretary. ;Whenever a rtmordis eer- tilled to the Secretary for declaloi) cos, he ,reviews the decision -of,* bearing exam- iner pursuant, to paragraph (a) of this ,,section, or,wpenevet,thr Secretary con- =ducts the hearingrtheappllcaat or recip- ient shall lei -riven ressonible ;opMr- trinity 'to me, with him briefs or other .wrltten stitoments.of its contentions; and ea written copy of the _final doclston of the ,;Secretary shall he aent,to theappllcant Or Teclpientkand,to, the-complainant,,If 1(c) - Dectsions on,record whe a a -hear- ,inO ,,1s =watoed. tWhenever n"heario[ ,is decl- n' r'a- ►r'ing examiner -or the Seer set forth his puling on,ench- conchlsloa, or exception prese shall Identify the iegvdremer ,applicant or ,recipient has failed to Comply. (e) Approval by Secretary. Any,flnal decision by an ofAcfal of the Department, other than the _Secretary personally, which provides for the - suspension or termination of, :or the refusal to grant or continue Federal financial assistance, or the Imposition rat any other - sanction available under this part or the Act, shall promptly be transmAted to the Secre- tary personally, who nley approve such decision, may vacate 1t. or remit or miti- gate any sanction Imposed. (D Content of ord ass. The final deci- sion may provide for suspension or termination of, or refusal to grant or continue Federal financial assistance, In whole or in part, under the program to- volved, and may contain such terms, conditions, and other provisions as are consistent with and will effectuate the -purposes of the Act•and this part. Inelud' _ Ing provisions designed to assure that no Federal fianclal "slstance will there- after be,extendad under such programs to the applicant or recipient deterrninea by such decision to be In default in its performance of an assurance given by It Pursuant to this part, or to have other - -wise filled to comply with this part, _unless -and until It corrects its noncom- pliance and „aattafles the Secretary that ltwlll fully comply with this part. (g) Port termination proceedings. (1) An applicant or- recipient adversely af- Jeeted ;bysan order .issued under para- graph (h of this, section shall be restored ,to fulLeUglblilty to receive Federal finan- -cial.,assistance ,If It ,sntvsfin the terms, „and conditions of that order for such - eligibility -or It It brings itself Into com- phancexwith- thts�part_ and provides rea- sonable ,assurance that It will for -or recipient ad- ,to ,restore fully its�eltgibillty to receive :Federal -finsncial_ssalstance. Any -such - requestjshall be supported by informa- ,tiOn nahowln[ that the - applicant or - recipient has- met'the requlrements of tsubparagreph (l)-of this paragraph. If , the Secretary determines that those re- -quirements have been-satisned, he shall _restore such eligibility. (2) If the Secretary-denies any :such , ,request. the applicant -or recipient may submit -, request for-a bearing, In writ - 'fn %;�aapeclf7ine 5Fhp tt believes "inich `.'!?},': o i _fflLial to have been n error. 'It shall ' thereupon he given an expeditious hear- ing, with- audecislon_on the record in te- 46rd►nce-wlth -rules or-procedures Issued by the Secretary The.appllcant or M- etplent will be -restored to such eligibility if It proves•at auchza hearing that It if the -- requirements of subp -graph (1) Of thla paragraph. -While proceedings under this para[r are pending, the sanctions Imp, ed by the order tamed under paravapb (f) of this sectlon &ball reanain to effect. ' Subtitle A —Office of the Secretary of Transportation Apo.0 Arn.G Title 49-- Transportation Arra(na H aorrvrrlra ro wulcn Trim PAST aPPL1>0 w>me A ParYaaT OIIK -{'tra or T— rtor9Al, r]NaN- ramL aunt —c'm IS To P.Orma 114PLOY —T 1. Appalachia Regional Development Act of 1966 (40 U.S.C. App. f at seci ), APPEranlx C APPLICATION OF PART 21 TO CERTAIN FEDERAL FINANCIAL ASSIS'TANCIC OF TIM DEPARTMENT OF TRANSPORTATION Nondisortmmatton on Federally Assisted Projects (a) dramples. The following x=pl -. without being aahaustive. Illustrate the ap- yllcation of the nondiscrimination provisions of this part on projects raceiTlag y'ederel flnenclW assistance under me programs of D cortain epartment of Transporatlon oper- ating m4miniatrouons; (1) Federal 10-11— Admtn4t gUm. (1) The, airport Sponsor or any of his lessees, none- cssionslree, or contractor may not dlffar� Satiate between members' of the pubho rac because of e, color, or rational origin in furnishing, or admitting W. waiting rooms, pssenger holding areas, aircraft tleeown arena, restaurant facilities, restreoou. or Its - sihtice operated under the compatible land use concept. (11) The airport sponsor and any of bla aseea, conesmalonalns, or eantractolf must offer to all members of the public the Sams degree and type of service without regard to raw, color, or national orlghL This rule Applies to fixed has operators. resaunate, snack bare, gift Shops, ticket counters, bag- gage handlers, oar rental agencies, limousines and taxes franchised by the airport sponsor. Insurance underwriters, and other buetnssem catering to the public at the airport. (111) An aircraft operator may not be re- quired to park his aircraft at a location that Is leas protected, or less accessible from the terminal facilities, than locations offered to others, because of his race, color, or national origin. OV) The pilot of an aircraft may not be required to help more extensively In f, ^.ling operation, and may not be offered less in- cidental service (such as windshield wiping), than.other pilots, beAuse,of his race, color, or national origin. (v) No pilot or crewmember eligible for access to a pllotb lounge or to unorflclal communication facilities such as a uNICOM freglrency may be restricted In that access because of his race, color, or national origin. (vi) Access to facilities maintained at the airport by air carriers or commercial opets- tars for holders of first -class transportation tickets or frequent users of the carrier's or operator's services may not be restricted on the basis of race, color, or national origin. (v11) Passengers and crewmembers seeking ground transportation from the airport may not be Resigned to different vehicles, or delayed or embarrassed In assignment to vehicles, by the airport sponsor or hie lessees, eonceeeionalrm, or cmltraetore, banauso of race, color, or national origin. (lit) Where there are two or more sites having equal potantal to serre the aero- nautical needs of the area, the airport eponer shall Select the site leant likely to advaready affect existing communitles. Such site Wee - tion shall not be made on the bealm of rsoa, oolor, or national origin. 11x) Employment at obligated alrptuts, in- cluding employment by tenants and oon- esselonairem shall be available to all regard- less of rage, creed, color, Mr, or national origin The sporac r shall 000rdlnete ha air. port plan with his load transit authority area _ the urban Mum Transportation Admintatre- Mon to assure pubho transportation, oon- vement to the disadvantaged areas of nearby communities to enhance employment opper- tumties for the disadvantaged and minority Population. (x) The sponsor shall sasuro that the minority business oommunity in his eree is advised of the opportunities offered by ally pat omeemlona, and that bids are Solicited from such qualified ,minority firms, and awards made without regard to raw, Color. Or national crlgln. (2) Federal Highroey Admiatstratim (1) The Sate, eating through Its hlglrwey de- partment. may not discriminate in Its soles tion and retention of contractors, including without ttmlatloa those whose marvioee an reamed for. or incidental to, construction, planning, rsearch, highway Safety. angfnss- Ing. property en --ems lt, and IM contraote and other commltmabts with pmoa for Ssrr. tcee and "pauses Incidental to the ecqual- tion of right -of -way. (11) The Sate shay, not' daQ7minaM against "bit panda. In making relooatlan payments and In providing rsloaetlon ad- vteery, aslatanae whin reloomUcn In iteamF slated by hlgbway rtght-of -way acquisition. (Ill) Federal -ald contractors may not dle- criminate In their selection and retention of And-tier subaantraotaM and Lrft -tier mu)Y contractors may not discriminate in tbrr selection and retention of Second -Car Saks. contractors, who participate In Federal -ald highway construction, acquisition of right - of -way and related projects, including those who supply materials and lease equipment. (lv) The State may not discriminate against the traveling public and business users of the federally seated highway In their socess to and cane of the facilities and services provided for public accommodations (such m eating, sleeping, rest, recreation, and vehicle servicing) constructed on, over or under the right -of -way, of such highways. (v) Neither the State, any other persons subject to this part, nor Its contractors and subcontractors may discriminate In their employment practices in connection with highway construction projects or other projects seetsted by the Federal Highway Administration. (vl) The State shall not locate or dowgn 4 highway In snob a mm mer Y to requtn, son the basis of raw. color. or national origin, she relocation o1 any persons. (vii) The Bate shall not lowt0. deetgq ,or construct a hlghwsy in such a manner am ,to deny reasonable saws to, and on thereat, to any persona on the basis of taw, Dolor, or national origin. (8) urban Mass Transportation AdInts- utration. (1) Any Parsee who IS. or @Saks $a be, a patron of any public veblole which to operated an a part of, m In oonjunotion with, • project shall be given the memo totes, meeting, and other treatment with regard to the use of much vehicle W other parson wlth- .out regard to their race, color. or national origin. fill No person who In, or seeks to be, an employee of the project sponsor or leases, ,concessionaires, contractors, licenses, or any organisation fumlehmg public traasporta- Uon Service as a part of, or In oonjunction with, the project shall be treated less fa- vorably than any other employee or applicant with regard to hiring. dlamlwl, @dyShoS- ment, wags, or any other condition. and benefits of employment, on the basis of raw, color, or national origin. (III) No person or group of person Shall be discriminated against with regard to the routing, sahedullug, or quality of Service of tranporatton- Service furnished me a part of the project on the basis of race, color, or aatlhnal origin Frequency or service, age and quelltp of vehicles assigned to routes, quality rat atationa'serving different routes, and lo- nation of routs' may not- be determined on the basis of race, odor. or national origin. (tv) The location of projects requiring land acquisition and the displacement of per- sons from their residences, and businesses may not be determined on the basis of raw, color. or national origin. (b) Obligations of the airport operator— (I) Tenants, cn+ttraetore, and concessionaires. Each airport operator shall require each ten- ant, contractor. and concessionaire who pro- - videe any activity, service, or facility at the airport under lease, contract with, or f-- abls from the airport. to covanant in a form specified by the Administrator, Federal Aviation Adminlatratlon, that he will comply ;.with'tha nondlscrimlmation requirements of this part. (2) Notification of beneficiartas. The air• port operator Shall (1) make a copy of this part callable at his omos for Inspection dur- Ing normal working houre,by any person aaking for it. and (11) conspicuously display a furnished sign. or Signs, furnished by the PAA, In the main public area or arst of the airport, Stating that discriminatioa based on race. Saint, or national origin s proniblted on the airport. (3) Reports. Each airport owner subject to this part shell, wtthln 15 days after he receives it, forward to the Area Manager of the FAA Area In which the airport is located a copy of each written complaint charging discrimination beemian c" raw, color, cr na. tional origin by any person Subject to this Put. together with a statement describing Oil action taken to resolve olve the eat the results thereof. Each airport operatol Shall submit to the area manager of the FAA arse in which the airport is located a report for the preceding year on the date and In A form prescribed by the Federal Avlation Admlai.tretor. [86 Fa 10080, June 1,8, 1070, as amended by Amdt. 21 -1, 88 FR 6876, Mar. e, 1978; Amdt. 21-3. 40 FIR 14818, Mar. 81, 19761 Subtitle A— Office of the Secretary of Transportation 1121-19 Judielal roview. ACtton taken pursuant to section 802 of the Act Is subject to Judicial review u provided In Section 803 of the Act. 921.21 EBtrt on other regoladons, forms, and inatructons. (A) Effect on other regulations. All regulations, orders, or like directions iissued before the effective date of this part by any officer of the Department which impose requirements designed to i prohibit any discrimination against indi- viduals on the grounda of race, color, or national origin under any_ program to i which this Part applies, and which ( authorize the suspension or termination of or refusal to grant or to continue Federal financial assistance to any appli- cant for or recipient of such assistance N Y dar such program for failure to coon- with such requirements, are hereby Superseded to the extent that such d1a- crfnlnation Is prohibited by this part, except that nothing to this part may be considered to relieve any person of any i obligation assumed or imposed under any such aUPGIBeded IegnlatiOn, Order, in- struction, or like direction before the effective date of this part. Nothing in this Part, however, supersedes any of the following (including future amend - Monts thereof): (1) Executive Order 11246 (3 CPR, 1965 Supp_ p, 107) and regulations Issued thereunder or (2) any i other orders, regulations, or Instructions, Insofar as such orders, regulations, or Instructions prohibit discrimination on the ground of race, color, or national origin in any program or situation to which this part is Inapplicable, or pro- hibit discrimination on any other ground. (b) Forms and instructions. The Sec- retary shall Issue and promptly snake available to all imciested persons forma and detailed Instructions and procedures for effectuating this part as applied to programs to which this part applies and for which lie Is responsible. • (c) ,3upervision and coordination, The Secretary may from time to time assign to officials of the Department, or to ot]I- c1213 of other departments or agencies 02 the Government with the consent of such departments or agencies, responsi- bilities in connection with the effee.tua- j tlon of the purposes of title VI of the Act and this part (other than responsl- blllty for final decision as provided In 121.17), Including the achievement of effective coordination and maximum i� 121.23 ADP. A uniformity within the Department and within the Executive Branch of the Government to the application of title VI and this part to almllar programs and in similar situations. Any action taken, determination made or requirement im_ Posed by an official of another depart- ment or agency acting pursuant to an assignment of responsibility under this Paragraph Shall have the same effect as though such action had been taken by the Secretary of this Department. {f 21.23 De6a1tions. Unless the context require@ otherwise, as used in this part - (a) Applicant" meow a person who submits an application, request, or plan required to be approved by the Secretary, or by a Primary recipient, as a condition to eligibility for Federal financial assist- ance, and "application" meow such an application, request, or plan. (b) "Facility" includes all or any part of structures, equipment, or other real or personal property or Interests therein, and the provision of facilities Includes the construction, expansion, renovation, remodeling, alteration or acquisition of facilities. (o) "Federal financial assistance" in- cludes: (1) Grants and loans of Federal funds; (2) The grant or donation of Federal property and interests In property; (3) The detail of Federal personnel; (4) The sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or any interest to such property without consideration or at a nominal considera- tion, or at a consideration which 13 re- duced for the purpose of assisting the recipient, or in recognition of the publlo Interest to be served by such sale or lease to the recipient; and (5) Any Federal agreement, arrange- ment, or other contract which has as one of Its purposes the provision of assist- ance. (d) "Primary recipient" means any recipient that is authorized or required to extend federal financial assistance to another recipient for the purpose of carrying out a program. (e) 'Program" includes any program• Project. or activity for the provision of services, financial aid, or other benefits to individuals (Including education or training. health, welfare, rehabilitation . housing, or other services, whether Pro- Title 49— Transportation tided through employees of the recipient of Federal financial assistance or pro- vided by others through contract. or other arrangements with the recipient, and including work opport unities), or for the provision of facilities for furnlshhig services, financial aid or other benefit, to individuals. The services, fin, .W aid, or other benefits provided under a pro- grain receiving Federal financial esstst- ance shall be deemed to include any services, financial aid, or other benefits Provided with the aid of Federal flnah- clal assiatance or with the aid of any non - Federal funds, property, Or other resources required to be expend or made available for the program to meet matching requirementa or other condl- tfow which must be met In order to re- celve the Federal flnancLa assistance, and to include any services, financial old ugh or other benefits provided in or thro a facility provided with the aid of Federal financial assistance or such non- Federal resources, (I) "Recipient" may mean any State, territory. possession, the .District Of Columbia, or Puerto Rico, or any pollt- tcal subdivision thereof, or instra. mentality thereof, any public or private agency. Institution, or organisation, or other entity. or any individual, In any State, territory. possession. the District of Columbia, or Puerto Rico, to whom federal financial assistance is extended, directly or through another recipient, for tiny Program, including any Ounces- Bar, assignee, or trsnderes thereof, but such term does not include ay ultimate beneficiary under ay such program, (9) "8e02ularY' means the Secretary of Transportation or, except in 171.17 (e), W Parson W whom 11e has dele- gated hie authority In the matter concerned. Avrgwsa A Aortvrrm To wrncs TMX PAST ATram 1. fie. of grant* made it connection with I*deral -eld highway system, (ss VjLM 101 at seq.). 2. Use Of Create mad- in ooaaeanon with the Inghway Safety Act of leas (ss VA.C. 401 at "a.). a. use of grant- in conn*otion with the National Traffic and Motor h, VeOls safety Act of 1966 (16 II16.0. 1891 -1400, 1421 - 1420), 4 l,ss* of real property and the grant M permits, moeaaes, easmenta and light. of -way covering real property under control 01s Coast Guam (14 UA.C. N (n) mad (0)1. a. Utlhation of Coast GuW and facilities b) may B.Z. UM evaslon, or political snh 7Q 1f t�oa the IIE.C.�341(s)), e. Um of Gout Guard personnel for duty In connection with maritime mstructlon, and training by the Statee, Urrltorles, an4 Puerto Rico (14 UE.C. 148). sd 7. Use of obete and other Coast GuarC material by sea scout mnloe of Boy "UU of America, any mwrporeted unit of ttte< Coast Guard auxillary, and public body or Private organleetion not organft d for profit (14 U.B.C. 8. U.9. Coast Guard Auxiliary program (14 U.9.C. 821-839). 1 , 9. nee of grant* for the support of bask eciantlfic research by nonproat matitutlom Of higher education and nonprofit organ,ru• tlons whose primary purpose L conduct of adeatlfic research (42 US.C. 1891). 10. IIee of grants made in ooanection with the federal -aid Airport Program (aegis. 1 -16 and 17 -20 of the federal Airport Act, 49 U.B.C. 1101 - 1114,1116- 1190), 11. IIee of UA. land acquired for publla airports under a. section 18 Of the federal Airport Act. ed DE.C, 1116; and b. surplus Property Act (am 18(g) of the IBurplua Property Act Of 1944, 30 IIIl.C, App. 1622(g), and see. 3 of the sot of oet. Z 60 US.C. App. 1d92b). - 12, Activities carried ewt in aouneetlod with the Aviation aducation program of the federal Aviation Admmfstmtl= under wea- uw 606 ral , Oil, and 818(x) O6 the fed A Us= Aet of 190g, u em*naed (4e U>l.C. 1040, 1352, and 1364(s)). 13. Use of grant* and loam. made in ooa- aeetion with Urban after Transportation Capital Fullitile Grant and Loan Prep=— Urban MAN Transportation. Act of 1904, u amended (49 UL,C. 1e02y, 14, Use Of grant mad* in connecton with Urban Maas 7tansportsuce (Raseernh end DemonaUstloa Grant Program —Urban Main U.S.O. o000tion Act of 1964. u :=*W d (40 H. Use Of groom made in connection with Urban Mar Transportation Teshedoaf gtud- lea Gant Program —Urban MW Transporhl- tion Act Of 1904, ee amended (49 U.80. 1607A). 1a. Use Of grouts mad* Is connection with Ur ban Mrs Transportation Manager,*, Training Grant Program —Urban Mar Transportation Act of 19%, u amended (49 II.e.C. 1607b), 17. IIM of great made In connection with Urban Mar TrantportaWOn Grants for Re- search and Training programs in ratt(tu• bone of Higher Learning —Urban Mar TrausporttfOa Act of 1964, U amended (49 IIP C. 16070). 18. Use of pant made In connsaf the H191 speed Ground Teauspoeta he amended (4e UJ.C. esl_M1 . FEDERAL ASSISTANCE 2• APPLI• •• NUMBER 3. STATE a• HUMBER CAM.3 AP PU- APPLICM TION DENTI• L OF ❑ REAPPLICATION b. DATE L DATE Yoar month day ACTION APPLICATION ® CATION Jr.- Y month daY 19 FIER ASSIGNED 39 IATork ape ❑ NOTIFICATION OF INTENT (Opt.) 7.•aw ° Pall ❑ REPORT OF FEDERAL ACTION 1T40 4. LEGAL APPLICANT /RECIPIENT 5. FEDERAL EMPLOYER IDENTIFICATION 'NO. o. Appllont name t City of Corpus Christi, Texas - 4 Is. 0M.LsUme Unit t Aviation Division a. Siraat/P.O. 9/a I Rt. 2 Box 902 t). PRO, a. NUMBER 19 In • III 1112 1 b• TITLE 4' �' I Corpus Christi " �' "b I Nueces GW1tr R. ZIP Cade: c.""rL 78410 fFrom c ADO b• Pwt.a (Nmre William D. Wilder 4i�y) t « lrtsk- Na.) 7. TITLE AND DESCRIPTION OF APPLICANTS PROJECT S. TYPE OF APPLICANT /RECIPIENT it Airport Improvements -'Construct anew exit road wit MS"te H- Cant-nity Action Aamnty lc-- = I- aS oririM tiwd fashititi.n lighting and landscaping. Strengthen the existing D ionic N-Othst (SP.t(Iy)i - entrance road. Provide five new security gates and r-city construct concourse security wall. Strengthen a por- awD,.Jk1t �oi>wn" Eater ayyroyriata Jrttn© tion of the existing terminal loop road. Strengthen D rypE OF ASSISTANCE &Basic Grant D•In"mats the existing commercial ramp Extend two existing eneral aviation ramps. Construct a turnaround at the C-Las. .nld c ° "` E -0tbN Enter print. I. 4rfrl Tit 10. AREA OF ItOJECT IMPACT (Namra .p <(tirr, sowatiee, 31. ESTIMATED NUM. 12. TYPE OF APPLICATION Sta44 •te.) Corpus Christi RENE F PE SONS A.41m C- R.rirlo4 E-Auam.44lim Nueces and ' Patricia rmintipq 300,000 S-Ron.w.l o- canuna,tlar r-1 Eater aPPropriato lrller' ^ 1r w+ 13. PROPOSED FUNDING 14. CONGRESSIONAL DISTRICTS OF: 15. TYPE OF CHANGE (For Its or Ito) Mlnuns. DW"ts F-Olha (Sysci /y)i 84hu.m. Dollan G•Inrrus. D.mtiaa D- D.alata Duntisn frC•nult.tlo" - -Enter aayro- a. FEDERAL po r. APPLICAXY 14 L PROJECT Is. APPLICANT m a. STATE ,C0 15. PROJECT START DATE VT M.ntA day 17. PROJECT DURATION 1. LOCAL 19 Mond„ yrw. 41ar(•) a. OTHER ,00 IL ESTIMATED DATE T Ytar month day BE TO FEDERAL AGENCY P. 197A OR 31 19. EXISTING FEDERAL IDENTIFICATION NUMOER L TOTAL i ao Z0. FEDERAL AGENCY 70 RECEIVE REQUEST (Name, City, Sta4, ZlFaw4) 21. REMARKS ADDED FAA Houston District ❑ Y« ❑ NO 22. .. T. the boat al my Wwnl.dt. and 6Wief. d." in this sr.aFPikalbn /�PallaI an A It n.h st by OMB Cirmai•r A-95 this .pppiraUOn .ras ubmi0ad, scm.nt to In. ND re• Ae.yenr• sttucdana "min• " IpymfrGl• ci..rinlh.uaaa and all "tons" are THE into sod c inoct. the dowmmt has ham otuchod: ofDnae altoehed APPLICANT duly suthoriad by the Sownlol body of CERTIFIES the apNitont and the oppikanl rill tamFty (T) Coastal Bend Council of Governments THAT I* Will the al"thd arwnaem IF the Mid- ❑ 23. C-FV1NG e. TYPED KAME AND TITLE R.Marvin Townsend ►. SIGNATURE e. DATE SIGXED SEHTATVE City Manager Year tasatA day 1978- 8.30 J 24. AGENCY NAME 25. APPLICJ4 Year wD.1h d"y TION RECEIVED 19 26. ORGANIZATIONAL UNIT 27. ADMINISTRATIVE OFFICE 22. FEDERAL APPLICATION ' IDENTIFICATION 29. ADDRESS 30, FEDERAL GRANT IDENTIFICATION 31. ACTION TAKEff 32. FUNDING Year month day 34, Year Rtoath day a. FEDERAL ,00 p a. AWARDED 33. ACTION DATE► 19 STARTING DATE 19 13 k. REJECTED h. APPLICANT ,0p 35. CONTACT FOR ADDITIONAL INFORMA• TION (Noma and sofryAone numbs) 3L Yoar month day t. STATE .00 °. EO f0A ENDING DATE 19 AMENDMENT E3 4. DETERRED - d. LOCAL .00 37. REMARKS ADDEO o. OTHER .00 _ f. ' TOTAL f' .DO ❑ a. WITHDRAWN [ Yes nNo 38. . a. In "Ling aboos Idiom, wy emmm.n" rmlwd Mom drrin{Rrau.n to On• sidsld. 11 11+40 mp.ns. 1. dw Y"dN N Part 1, OMB Cimis 45, Is. FEDERAL AGENCY AA5 OFFICIAL FEDERAL AGENCY PMlden It hot base w "holes made. (No.. ..d tr4ph~ tnJ A-9S ACTION , •.r...e • - .. . • • ' .. Jmbraar(h.d br ABA, %wforil 1/�no tae�+n. �eDt7kvd: aN S� C, N,E� D COPY oF. A- Pk/0,47 /CAI Corpus Christi, Tex \ �D day of -19 71 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 suspension 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 ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, The Charter rule was suspended Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample 14484 THE CITY OF CORPUS CM , TEXAS