HomeMy WebLinkAbout15114 ORD - 09/12/1979AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT OFFER
AND TO EXECUTE A PLANNING GRANT AGREEMENT AND RELATED
CONTRACT DOCUMENTS WITH THE DEPARTMENT OF TRANSPORTA-
TION, FEDERAL AVIATION ADMINISTRATION, FOR THE PREPARA-
TION OF A MASTER PLAN STUDY FOR CORPUS CHRISTI INTER-
NATIONAL AIRPORT IN THE AMOUNT OF $60,000, ALL AS MORE
FULLY SET FORTH IN THE GRANT AGREEMENT, CONTRACT NO.
DOT -FA -79 -SW -8990, PROJECT NO. A-48-0051-01, IN SUBSTAN-
TIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF,
MARKED EXHIBIT "A"; 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 authorized to accept a Grant
Offer and to execute a planning grant agreement and related contract
documents with the Department of Transportation, Federal Aviation Adminis-
tration, for the preparation of a master plan study for the Corpus Christi
International Airport in the amount of $60,000, all as more fully set
forth in the grant agreement, Contract No. DOT -FA -79 -SW -8990, Project
No. A-48-0051-01, a substantial copy of which agreement is attached hereto
and made a part hereof, marked Exhibit "A".
SECTION 2. The necessity to authorize the City Manager to
execute the aforesaid agreements and related contract documents and to
accept the said grant offerfor the preparation of a master plan study for
the Corpus Christi International Airport 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, and the Mayor having declared that such emergency
and necessity exist, having requested the suspension 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 its passage,
IT IS ACCORDINGLY SO ORDAINED, this the /..& day of eptember, 1979.
,
AggLidArIP
City Secre :ry _ MAW'
APPROVED:f -)974' THE OF CORPUS CHRjfi�I' TEXAS
J. BRUCE, iC KCITY ATTORNEY ! /�
ATTEST:
By
Assistant City `.' ney
15114
4ip?`
FO
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
PLANNING GRANT AGREEMENT
PART 1 — OFFER
PAGE 1 OF 6 PAGES
SEP 061979
DATE OF OFFER
TYPE OF PLANNING GRANT:
® AIRPORT MASTER PLANNING FOR PROJECT NO A-48,-0051-01
Corpus Christi International Airport
Corpus Christi. Texas CONTRACT NO DOT—FA-791-SW-89 90
0 AIRPORT SYSTEM PLANNING FOR
TO• The City of Corpus Christi, Texas
(herein referred to as the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the
"FAA").
WHEREAS, the Sponsor has submitted to the FAA, an Airport Master Planning Grant Application
(Master or System)
dated August 10,'•1979 (herein called the "Planning Application"), for a grant of funds
for a project for the development for planning purposes of information and guidance to determine the extent, type, and
nature of development needed for Corpus Chr ( air; Tntomati nnal A; rpnrt •
(airport area name and/or location)
(herein called the airport ) which Planning Application as
(airport or area)
approved by the FAA is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project
for the development of plans for the Pi rprrrt • (herein called the "Planning Project") consisting
(airport or area)
of the following approved airport master planning.
(master or system)
Preparation of a complete Master Plan Study for Corpus Christi.International
Airport.' Forecasts -will be prepared and used to evaluate adequacy of.existing
facilities and recommend new improvements. All plans will be prepared as well
as a phasing schedule and estimate -of development costs. Noise contours will
be prepared using the Integrated Noise Model. Off airport land use zoning will
be. recommended.
all as more particularly described in the Description of Work Program incorporated in the said Planning Application;
FAA Form 5900-1 PG 1 (1ar)
•
PAGE 2 OF 6 PAGES
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Development
Act of 1970. as amended, and in consideration of (a) the Sponsor's adoption and ratification of the representations and
assurances contained in said Planning Application, and its acceptance of this Offer, as hereinafter provided, and (b) the
benefits to accrue to the United States and the public from the accomplishment of the airport master
(master or system)
planning included in the Planning Application, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF
OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share RO
percent of the allowable costs incurred in accomplishing the Planning Project, subject to the following terms and conditions:
1. The maximum obligation of the United States payable under this Offer shall be S 60.000
2. The FAA, for and on behalf of the United States, may by written notice terminate or suspend this grant in whole
or in part, or withhold payment, in the event that it finds that the Sponsor has:
a. Failed to comply with Federal law or with any of the terms and conditions contained in this Planning
Grant Agreement; -
b. Failed to carry out the Planning Project as approved;
c. Made unauthorized or improper use of grant funds;
d. Submitted any application, report, or other document which contains a misrepresentation of a material
nature or is incorrect or incomplete in any material respect; or,
e. If for any reason continuation of the approved Planning Project is rendered impossible, ineligible, or illegal.
The Sponsor shall take such action relative to termination or suspension as may be required by the FAA in the
notice of termination or suspension. In such case termination or suspension shall not affect any otherwise valid
and allowable obligations made in good faith prior to receipt of notice of termination or suspension.
3. The Sponsor shall:
a. Begin accomplishment of the Planning Project within 30 days after acceptance of this Offer,
with failure to do so constituting just cause for termination of the obligations of the United States here-
under by the FAA;
b. Carry out and complete the Planning Project without undue delay and in accordance with the terms
hereof, the Airport and Airway Development Act of 1970, and Sections 152 121-152.143of the
Regulations of the Federal Aviation Administration ( 14 CFR 152 ) to effect as of the date of
acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations";
c. Carry out and complete all planning work in accordance with the Description of Work Program, incorpo-
rated herein, or as it may be revised or modified with the approval of the FAA and in accordance with
design standards and planning criteria established by the FAA;
FAA Form 5900.1 PG 2 (1•71)
PAGE 3 of 6 PAGES
4. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consid-
eration as to allowability under Section_L52 X137
of the Regulations.
5.:o:.l•iav•o>'!(,.l,(,4,4,tr;,e.(1:4(•4rct•,nt y.troo41• .ecru•t,oeeaee0 0.51/treeirtfree V*140,140r'ee'ee1
eU•h6.11)4.1.e,:•.41•e4• os.•.•.•.•••••••. eueei “:4,0,1 0{V.31,1,0".0 0.1 eo o'o re tin cy+:,i•i
.nya:raw.'•e .40 Ite .4. (ig(.U0.1.• '9*1 t 't't!$4r;e . E
.40'0.40'04 .1..a."11.. •5 •f••i(. ?0¢tbq,. •)• i ,0 -!..t.1.4 . �.....
:t.a. •.tv .. ' t•!'H•0.e'.c •t !'(P•r !'7!• 'lteTVSY eirt." 11•9,1'Ce4elret!Ce'U C.
t:.J•44• ��-.d.( 914 .b•pe•pya t.'e.FCg1.00l:AO/ 9'•I'GU:H@a ClL9C4'c 9'U2'e•etat•
6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor.
7. This Offer shall expire and the United States shall not be obligated to pay any part of the costs of the Planning
Project unless this Offer has been accepted by the Sponsor on or before Sentesabe-- r 30. 1979
or such subsequent date as may be prescribed in writing by the FAA. -
8. All financial records pertaining to the Planning Project shall be made available to authorized representatives of the
FAA and the Comptroller General of the United States in conformity to Section r 59 7 G 3 of the Regulations.
9. The Sponsor will, at such times and in such manner as the FAA may require, furnish FAA with periodic reports
and statements pertaining to the Planning Project and planning work activities and other related matters covered,
hereunder.
10. Sponsors shall submit for FAA approval prior to their execution all private party or public body contracts to do
all or any part of the Planning Project. These contracts shall include applicable terms and conditions as specified
by the FAA.
11. The FAA reserves the right to disapprove the Sponsor's employment of specific consultants and their subcc,p
scope and cost of the professional services.
tractors to do all or any part of the Planning Project and further reserves the right to disapprove the proposed.
12. The FAA reserves the right to disapprove the use of professional level employees of the Sponsor when such'em
ployees are designated by the Sponsor to do all or part of the Planning Project.
13. All published material such as reports, maps, and other documents prepared in connection with the Planning:
Project and planning work activities shall contain a standard notice that the material was prepared under an Airport-
rlastex___ Planning Grant provided by FAA. The Sponsor shall make these documents avaualile^
(ar System)
for examination by the public. -
In addition, no material prepared in connection with the Planning Project and planning work activities shall be
subject to copyright in the United States or in any other country. The FAA shall have unrestricted authority to
publish, disclose, distribute, and otherwise use, in whole or in part; any reports, data, or other materials prepared:
with Airport Planning Grant funds.
14. The Sponsor agrees to conduct the Planning Project in compliance with all the requirements imposed by or pur-
suant to Title VI of the Civil Rights Act of 1964 and by Part 21 of the Regulations of the Office of the Secretary
of Transportation, as amended.
FAA Form 5900.1 PG 3 (1.71)
PAGE 4 OF 6 PAGES
15. The Sponsor agrees that neither the approval of the Planning Application nor the tender of this Offer nor the
approval of the final airport master planning report constitutes an assurance or commitment,
(master or system)
express or implied, by the FAA, that any airport development or unit thereof shown in the planning developed as
part of this Planning Application will be approved for inclusion in any pending or future Airport and Airway
development Program under the Airport and Airway Development Act of 1970.
16. Payment of the United States' share of allowable project costs will be
made pursuant to and in accordance with the provisions of Part 152 of
the Federal Aviation Regulations. Final determination as to the
allowability of costs of the project will be made after final audit.
FAA Form 5900-1 PG 4 (1.71)
PAGE...5 OF 6 PAGES
The Sponsor's acceptance of this Offer and ratification and adoption of the Planning Application incorporated
herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and said Offer
and Acceptance shall comprise an Airport
(MasMasterter or Sysrem) Planning Grant Agreement, as provided by
the Airport and Airway Development Act of 1970, constituting the obligations and rights of the United States
and the Sponsor with respect to the accomplishment of the Planning Project. Such Airport
Planning Grant Agreement shall become effective upon the Sponsor's acceptance of this OfferMa:ter ar system/
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
BY s't`ave. La:c r
ACTING Chief, Houston Airpittg District Office
PART 11 — ACCEPTANCE
CITY OF CORPUS CHRISTI TE
does hereby
all statements, representations, warranties, covenants, and agrerein referred to aseements contained inhe the Airport"Sponsor") Master er ratify and adopt
Planning Grant Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer
and by such acceptance agrees to all of the terms and conditions thereof.
Executed in its name by its undersigned officer on this
in C day of 19 79
State of Texaa County of�
(SEAL)
Attest:
Title:
BY
CITY OP CORPUS CHRISTI
(LEGAL NAME OF SPONSOR/COSPONSOR)
(SIGNATURE OF AUTHORIZED OFFICER)
(TITLE OF AUTHORIZED OFFICER)
Executed in its name by its undersigned officer on this
—_day of
, County of
State of
(SEAL)
Attest:
Title:
FAA Form 5900-1 PG 5 (1-71)
BY
19
(LEGAL NAME OF COSPONSOR)
(SIGNATURE OF AUTHORIZED OFFICER)
(TITLE OF AUTHORIZED OFFICER)
PAGE 6 OF 6 , .tS
Executed in its name by its undersigned officer on this day of , 19
in County of
State of
(SEAL)
Attest'
Title -
(LEGAL NAME OF COSPONSOR)
BY
(SIGNATURE OF AUTHORIZED OFFICER)
(TITLE OF AUTHORIZED OFFICER)
CERTIFICATE OF SPONSOR'S ATTORNEY "Submitted pursuant to Section 16(h) of the Airport
and Airway Development Act of 1970, as amended."
I
, acting as Attorney for City of Corpus Christi
hereby certify:
(herein referred to as the "Sponsor") do
That 1 have examined the foregoing airport Master Planning Grant Agreement and the:=
(Master or System)
proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly
authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the State(s)
of Texas and further that, in my opinion;
said airport 7 aRtor Planning Grant Agreement.
(Master or System)
constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof.
Dated at this day of 19 79
FAA Form 5900-1 PG 6 (1-71)
(Signature)
(TGIe)
Corpus Christi, T as
4 2 day o�je,�r4e4., 1979'
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,
MAYOR
//
HE CI"OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
The above ordinance was passe
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
by the following vote:
15114