HomeMy WebLinkAbout15136 ORD - 09/19/1979jkh:9-19-79;lst
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AN ORDINANCE
ACCEPTING GRANT OFFER AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A GRANT AGREEMENT AND RELATED CONTRACT DOCU-
MENTS WITH THE DEPARTMENT OF TRANSPORTATION, FEDERAL
AVIATION ADMINISTRATION, FOR THE PURCHASE OF LAND
IDENTIFIED AS PARCEL 1 AT THE CORPUS CHRISTI INTERNA-
TIONAL.AIRPORT, NEEDED FOR EXPANSION OF THE AIRPORT,
IN THE AMOUNT OF $284,000, ALL AS MORE FULLY SET FORTH
IN THE GRANT AGREEMENT, CONTRACT NO. DOT-FA-79SW-8886,
PROJECT NO. 6-48-0051-08, A SUBSTANTIAL COPY OF WHICH
AGREEMENT IS ATTACHED HERETO, MARKED EXHIBIT "A", AND,
MADE A PART HEREOF; 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 grant agreement and related contract documents with
the Department of Transportation, Federal Aviation Administration, for
the purchase of land identified-as_Parcel No. 1 at the Corpus Christi
International Airport, needed for the expansion of the airport, in the
amount of $284,000, all as more fully set forth in the grant agreement,
a substantial copy of which is attached hereto and made a part hereof,
marked Exhibit "A".
SECTION 2. The necessity to accept the grant offer and to
execute the grant agreement and related contract documents at the earliest
practicable date creates a public emergency and an imperative public neces-
,
sity requiring the suspension of the Charter rule that no ordinance or
resolution shall be passed finally on the date of its introduction but that
such ordinance or resolution shall be read at three several meetings of
the City Council, and the Mayor having declared such emergency and necessity
to exist, and having requested the suspension of 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 I day of Sept-mber, 1979.
oe
THE CI OF CORPUS CHRISTI, TEXAS
ATTEST:
APPOVED:
DAY OF SEPTEMBER,'1979:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant C'
ttorney
MA
15130
004
fiw
' DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADM INISTRATION
GR.t91N 1 AGREEMENT
Part 1 -Offer
Date of Offer
Corpus Christi
Page 1 of 4 pages
SEP 05 1979
International Airport
Project No. 6-48-0051-08
Contract No. DOT-FA-79SW-8886
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 a Project Application dated
July 26, 1979 , for a grant of Federal funds for a project for develop-
ment of the Corpus Christi International Airport (herein called
the "Airport"), together with plans and specifications for such project, which Project Application,
as approved by the FAA is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for development of the Airport (herein called the
"Project") consisting of the following -described airport development:
Acquire land, fee simple title to parcel one (1) as shown
on Property Map Exhibit "A", or other property interests
satisfactory to the Administrator.
all as more particularly described in the property map and plans.and specifications incorporated in
the said Project Application; _ -
FAA FORM 5100-13 PG. 1 (10-71) SUPERSEDES FAA FORM 1632 PG. 1 PAGE 1
Page 2 of 4 pages
NOW THEREFORE, pursuant to and for the purpose of carrying.out the provisions of the Airport
and Airway Development Act of 1970, as amended (49 U.S.C. 1701), and in consideration of (a)
the Sponsor's adoption and ratification of the representations and assurances contained in said
Project Application, and its acceptance of this Offer as hereinafter provided, and (b) the benefits
to accrue to the United States and the public from the accomplishment of the Project and the
operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AD-
MINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND
AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the
Project,
Eighty (80) percentum of all allowable project costs.
This Offer is made on and subject to the following terms and conditions:. • .
1. The maximum obligation of the United States payable under this Offer shall be -
$ 284,000.
2. The Sponsor shall:
(a) begin accomplishment of the Project within ninety (90) days
after acceptance of this Offer or such longer time as may be prescribed by the FAA,
with failure to do so constituting just cause for termination of the obligations of the
United States hereunder by the FAA;
(b) carry out and complete the Project without undue delay and in accordance with the
terms hereof, the Airport and Airway Development Act of 1970, and Sections 152.51-
152.63 of the Regulations of the Federal Aviation Administration (14 CFR 152) in
effect as of the date of acceptance of this Offer; which Regulations are hereinafter
referred to as the "Regulations";
(c) carry out and complete the Project in accordance with the plans and specifications
and property map, incorporated herein, as they may be revised or modified with the
approval of the FAA.
3. The allowable costs of the project shall not include any costs determined by the FAA to
be ineligible for consideration as to allowability under Section 152.47 (b) of the Regula-
tions.
4. Payment of the United States share of the allowable project costs will be made pursuant
to and in accordance with the provisions of Sections 152.65 — 152.71 of the Regulations.
Final determination as to the allowability of the costs of the project will be made at the
time of the final grant payment pursuant to Section 152.71 of the Regulations: Provided,
that, in the event a semi-final grant payment is made pursuant to Section 152.71 of the
Regulations, final determination as to the allowability of those costs to which such semi-
final payment relates will be made at the time of such semi-final payment.
FAA FORM 5100-13 PG- 2 (7-721 SUPERSEDES PREVIOUS EDITION
PAGE 2
Page 3 of 4 pages
5. The Sponsor shall operate and maintain the Airport as provided in the
Application for Federal Assistance incorporated herein and specifically
covenants and agrees, in accordance with its Assurance 20 in Part V of
said Application for Federal Assistance that in its operation and the
operation of all facilities thereof, neither it nor any person or
organization occupying space or .facilities thereon will discriminate
against any person or class of persons by reason of race, color, creed
or national origin in the use of any of the facilities provided for the
public on the Airport.
6. The FAA reserves the right to amend or withdraw this Offer at any time
prior to its acceptance by the Sponsor.
7. It is understood and agreed that no part of the Federal share of an
airport development project for which a grant is made under the Airport
and Airway Development Act of 1970, as amended (49 U.S.C. 1701 et seq.),
or under the Federal Airport Act,— as -amended (49 U.S.C. 1101 et seq.),
shall be included in the rate base in establishing fees, rates, and
chargesfor users of the airport.
8. It is understood and agreed that the Sponsor will provide for FAA employees
adequate parking accommodations satisfactory to the Administrator at all
FAA technical facilities located on the Airport. It is further understood
and agreed that Sponsor will provide, without cost, adequate land for the •
purpose of parking all official vehicles of the FAA (government and privately
owned when used for FAA business) necessary for the maintenance and
operation of the FAA facilities on the Airport. Such land shall be
adjacent to the facilities served.
9. The Sponsor will send a copy of all invitations for bids, advertised or
negotiated, for concessions or other businesses at the Airport to the
appropriate Office of Minority Business Enterprise (OMBE) representative
as identified by the FAA Regional Civil Rights Office. The Sponsor will
disclose and make information about the contracts, contracting procedures
and requirements available to the designated OMBE representative and
minority firms on the same basis that such information is disclosed and
made available to other organizations or firms. Responses by minority
firms to invitationsfor bids shall be treated in the same manner as all
other responses to the invitations for bids.
Compliance with the preceding paragraph will be deemed to constitute
compliance by the Sponsor with the requirements of 49 CFR 21 Appendix
C(a)(1)(x), Regulations of the Office of the Secretary of. Transportation.
10. It is understood and agreed that the term "Project Application" wherever
it appears in this Agreement, in Specifications or other documents
constituting a part of this Agreement shall be deemed to mean the
"Application for Federal Assistance".
SUPPLEMENT - FAA Form 5100-13 - Page 3 (ASWHOU 10-1-76)
Page 3a of 4 pages
11. It is further understood and agreed that FAA approval of the project
included in this Agreement is conditioned on the Sponsor's compliance
with applicable air and water quality standards in operating the Airport
and in accomplishing any construction hereunder; f•Irther, that failure
to so comply may result in suspension, cancellation or termination of
Federal assistance under the Agreement.
12. Assurance Number 18 of Part V of the project application incorporated
herein is amended by including at the end of the second sentence the
following language:
"including the requirement that (A) each air carrier,
authorized to engage directly in air transportation
pursuant to Section 401 or 402 of the Federal Aviation
Act of 1958, using such airport shall be subject to
nondiscriminatory and substantially comparable rates,
fees, rentals, and other charges and nondiscriminatory
conditions as are applicable to all such air carriers
which make similar use of such airport and which utilize
similar facilities, subject to reasonable classifications
such as tenants or nontenants, and combined passenger and
cargo flights or all cargo flights, and such classification
or status as tenant shall not be unreasonably withheld
by any sponsor provided an air carrier assumes obligations
substantially similar to those already imposed on tenant
air carriers, and (B) each fixed base operator using a
general aviation airport shall be subject to the same
rates, fees, rentals, and other charges as are uniformly
applicable to all other fixed base operators making the
same or similar uses of such airport utilizing the same
or similar facilities. Provision (A) above shall not
require the reformation of any lease or -other contract
entered into by a sponsor before July 12, 1976. Provision
(B) above shall not require the reformation of any lease
or other contract entered into by a sponsor before
July 1, 1975."
13. This project and all work performed thereunder is subject to the Clean
Air Act and the Federal Water Pollution Control Act. Accordingly,
(a) The Sponsor hereby stipulates that any facility to be
utilized in performance under the grant or to benefit
from the grant is not listed on the EPA List of
Violating Facilities.
SUPPLEMENT - FAA Form 5100-13 - Page 3a (ASWHOU 10-1-76)
Page 3b of 4 pages
(b) The sponsor agrees to comply with all the requirements of
Section 114 of the Clean Air Act of Section 308 of the
Federal Water Pollution Control Act and all regulations
issued thereunder.
(c) The sponsor shall notify the FAA of the receipt of any
communication from the EPA indicating that a facility to
be utilized for performance of or benefit from the grant
is under consideration to be listed on the EPA list of
Violating Facilities.
(d) The sponsor agrees that he will include or cause to be
included in any contract or subcontract under the grant
which exceeds $100,000 the criteria and requirements in
these subparagraphs (a) through (d).
14. The Federal Government does not now plan or contemplate the construction
of any structures pursuant to paragraph 27, of Part V Assurances of the
Application for Federal Assistance attached hereto, and, therefore, it is
understood and agreed that the Sponsor is under no obligation to furnish
any areas or rights without cost to the Federal Government under this
Grant Agreement. However, nothing contained herein shall be construed as
altering or changing the rights of the United States and/or the obligations
of the Sponsor under prior Grant Agreements to furnish rent-free space
and/or cost-free areas for the activities specified in such agreements.
15. In addition the -Sponsor shall:
(a) Incorporate or cause to be incorporated in each bid or proposal
form submitted by prospective contractors for construction work
under the project the provisions prescribed by Section 60-1.7(b)(1)
and 60-1.8(b) of the Regulations issued by the, Secretary of Labor
(33 FR 7804, 41 CFR Part 60-1).
(b) Comply with the provisions set forth in Appendix I, attached hereto.
16. The Grantee agrees to effectuate the purposes of Section 30 of the
Airport and Airway Development Act of 1970, as amended, by assuring that
minority business enterprises shall have the maximum opportunity to
participate in the performance of contracts financed in whole or in part
with federal funds provided under this Agreement. For purposes of this
provision, "minority business enterprises" means a business enterprise
that is owned by, or is controlled by, a socially or economically dis-
advantaged person or persons. Such disadvantage may arise from cultural,
racial, religious, sex,'national origin, chronic economic circumstances or
background or other financial causes. Such.persons may include, but are
not limited to, Blacks not of Hispanic origin; persons of Hispanic origin;
Asians or Pacific Islanders; American Indians and Alaskan natives.
Grantee further agrees to comply with such regulations as may be issued
by the Federal Aviation Administration to implement Section 30 of the Act.
Page 3c of 4 pages
17. The Sponsor will comply with the requirements of Section 504
of the Rehabilitation Act of 1973 and 49 CFR Part 27 which
provides for nondiscrimination on the basis of handicap in
Federally -assisted programs and activities receiving or bene-
fitting from Federal financial assistance and requires certain
design standards to be implemented at airports.
18. Any other clause herein to the contrary notwithstanding, it is
specifically understood and agreed that any land interests
acquired in whole or in part with Federal funds shall be used
or disposed of only in accordance with Attachment N to Office
of Management and Budget (OMB) Circular A-102.
19. It is understood and agreed -that the United States will not
make any payment for land or any interest in land acquired by
Sponsor under this Grant Agreement until satisfactory evidence
that Sponsor is the owner of such land or interest has been
submitted to and approved by the FAA.
20. It is further understood and agreed that the Sponsor's Assurances
regarding nondiscrimination attached to the Application for
Federal Assistance is hereby incorporated into this Grant
Agreement.
21. It is further understood and agreed by the parties hereto that
the property map Exhibit "A" made a part of this Grant Agree-
ment is the property map Exhibit "A" dated August 1979, attached
to the Project Application. —_
22. It is understood and agreed by the Sponsor that with respect
-
to the lands acquired or to be acquired under this project in
fee simple title for clear zone purposes, it will clear or
have cleared such lands of existing structures designated by
the Administrator for removal and will not permit any permanent
structures thereon, other than such structures as are necessary
for aids to air navigation and those specifically excepted
by the Administrator.
23. It is understood and agreed that Sponsor will within three (3)
years of the acceptance of this Grant, acquire (with or without
Federal assistance) fee simple title or other property interests
satisfactory to the Administrator in such land as is necessary
for the establishment of a clear zone outward from the end of
runway 31, symmetrically located with respect to the extended
runway centerline, such clear zone being approximately 1700'
long, having a width of approximately 1,000' at a point 200'
from the runway end and flaring uniformly outward therefrom
to a width of approximately 1510' at a point 1,900' from the
runway end; or other areas satisfactory to the Administrator.
3
Page 3d of 4 pages
24. This Offer shall expire and the United States shall not be
obligated to pay any part of the costs of the Project unless
this Offer has been accepted by the Sponsor on or before
September 30, 1979.
Page 4 of 4 pages
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor. as herein-
after provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by
the Airport and Airway Development Act of 1970, constituting the obligations and rights of the
United States and the Sponsor with respect to the accomplishment of the Project and the operation
and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's
acceptance of this Offer and shall remain in full force and effect throughout the useful life of the
facilities developed under the Project but in any event not to exceed twenty years from the date
of said acceptance, provided, however, that this time limitation shall not apply
to real property acquired with federal assistance.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
By Chie
, oifsto'h''-A3\. s i ' ct
(TITLE) Office
Part II -Acceptance
The Sponsor named immediately below does hereby ratify and adopt all statements,
representations, warranties, covenants, and agreements contained in the Project Application and
incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and
by such acceptance agrees to all of the terms and conditions thereof.
Executed this day of ,I9
City of Corpus Christi, Texas
(SEAL)
Attest: -
Title:.. City.Secr.etary
By
(Name of Sponsor)
R. Marvin Townsend
Title .. C.i.ty..MOpa.Pr
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 the above named Sponsor, do hereby certify that
I have examined the foregoing Grant Agreement and the proceedings taken by
said Sponsor relating thereto, and find that the Acceptance thereof by said
Sponsor has been duly authorized and that the execution thereof is in all
respects due and proper and in accordance with the laws of this State, and
further that, in my opinion, said Grant Agreement constitutesa legal and
binding obligation of the Sponsor in accordance with the terms thereof.
Dated at Corpus Christi this day of 1979
FAA Form 5100-13 (10-71)
ASWRO (Dec/78)
R. W. Coffin
Sr. Assistant City Attornev
Title
,,roust No. 29-R0210
•CFS
Gr }.
• FEDERAL ASSISTANCE ANCE
2. APPLI-
CANT'S
o. HUMBER
8
3. STATE
AFPLIDA--
TION
a. RUMOER
TX 9-07-20-109
1. TYPE0 Fix`P.CFLICATION
ACTION ® APPLICATION - ,
APPLI-
CATION
b. DATE
19 Erg 7th 661E
1039T1.
F1ER
b. DATE Year math day
ASSIGNED 19 79/ 7/ 17
`0
M
a
>n
l
o
F1
en
(Mark ap. ❑ Y.OTIFICRTI0i1 OF INTENT (0?).)
boo) `a 0 RU CRT OF FEPER L ACTION
Learoe
El..k
4. LEGAL APPLICANT/RECIPIENT
a.Appl,esnt None City of Corpus Christi,
Texas
5. FEDERAL EMPLOYER IDENTIFICATION NO.
74-6000574
0. O.e.ningleo Unit Aviation Division
e. Stroet/P.O. Boo Rt 2 Box 902
PRO.
o. HUMBER 12 10 I° I1 I0 12
4. city Corpus Christi c county :
1. State Texas g. ZIP Code:
L Contact Person (Nome
& telanhone No.) Wm. D. Wilder. 512-882-5451
Nueces
78410
GRAIA
(From
ParraI
Catat a)
b. TITLE
ADAP
7. TITLE AND DESCRIPTION OF APPLICANT'S PROJECT
Purchase land for airport development;
acquire fee simple title to Parcel 1
shownon attached map.
as --
D. TYPE OF APPLICANT/RECIPIENT
A -State 0-Commvmfy Anion Agency
D -Inter -tale I- Higher Educational ins 44)400
C-3 1,1.te 1- Khan Tribe
9041(01 0-0th.t (Specify)I
0 -County
E -CIN
F -Sc' sol District
r Mundt Purpose Seem. annroPria/e truer la
r
•
- -
9. TYPE OF ASSISTANCE
A-Basio Grant D -Insurance
R-Supplemaotal Grant E-0W.r Miter aopro-
0 -Lean prigte truer(.) IA I
10. AREA OF PROJECT IMPACT (Namca of titles, o:metier,
States, l )
City of Corpus Christi
San Patricio and Nueces Counties
11. ESTIMATED NUM-
BER OF PERSONS
BENEFITING
12. TYPE OF APPLICATION
A-11aw C-Rnialon E -Augmentation
0-0,0ewel D -f ntino.tIoa
wear anmaP ate attar Q
13. PROPOSED FUNDING 14. CONGRESSIONAL DISTRICTS
OF:
15. TYPE OF CHANGE (For Igo or Ise) -
e. FEDERAL
$ 284,000 .00B-Dauea*.
0. MPLICANT
b. PROJECT
h-19 040 a Dollars F -Other (Specify):
Dollars
h. APPLICANT
71,000
14
14
C -Increase Duration
D -Darren Duration
STATE
.DD
-
16. PROJECT START
17. PROJECT
f-.sncallatian
e.
d. LOCAL
•01
- .00
DATE Year moniA day
19 79 9 1
DURATION
3 Alonth.
Eater app+o-
I r ata lonar(.J I 1
a. OTHER
- .00
30. fiC 6IATCD EC TOO
1'.a, month day
i9. EXISTING FEDERAL IDENTIFICATION NUMBER
1. TOTAL
$ 355,000 .00
FEDERAL AGENCY P.
19 79 7 23
-
20. FEDERAL AGENCY TO RECEIVE REQUEST (Name, City. Stole.
FAA, Houston Airports District Office
ZIP code)
Houston Texas 77061
21. REMARKS ADDED
C> Yea p No
z
r
Li
yl
�.•a
22.
THE
APPLICANT
CERTIFIES
TIIAT►
.. To the best of my knowlodgo end ta1101,
data In thrs preappllCalien/.pplicatI,. .re
true and correct, the document lass bola
duly .mheated by tba eo.aming hoar er
the .pphcant and the applicant will aaapty
with the ttach.4 uau,00lo 11 W. molal-
Lias la approved.
6. 11 rryulrad
Croatians therein,
O) Coastal
co
o)
by 006 Circular A-95 this .pollution was submitted. P rsuant to in• Nora. Rerponse
0o ammett,iala elsarialhouaeo and ell rat<nan en, .ltaehad: eponee attached
Bend Council of Governments 1:3i/11
0 0
0 0
23.
RERTLFPRE. ING
SENTATIVE
a TYPED HAMS AND 30LE
R. Marvin Townsend
City Manager _
6. SIGNATURE
44 (///+
Q•��il
t. DATE SIGNED
� month day/
19 Year
• �� zO.
5
r,
$
at
E`
aC9
v
..
24. AGENCY NAME
.
25. APPLICA• roar month doe
TION
RECEIVED 19
2G. ORGANIZATIONAL UNIT
27. ADMINISTRATIVE OFFICE
26. FEDERAL APPLICATION
IDENTIFICATION
29. ADDRESS
30. FEDERAL GRANT
IDENTIFICATION
31. ACTION TAKEN
32. FUNDING
Year month day •
23. Year month day
0 e. AWARDED
a. FEDERAL
$ .00
33. ACTION DATE A 19
STARTING
DATE 19
6. CEIECTFD
b. APPLICANT
.0D
35. CONTACT FOR ADDITIONAL. INFORMA.
TION (Nemo 0.4.90000
30. Year month day
O e. RETURNED FOR
e. STATE
.00
and Member)
ENDING
DATE 19
AMERDMENT
d. LOCAL.
.00
37. REMARKS ADDED
CI d. DEFERRED
a. OTHER
.00
0 e. WITHDRAW1
e. TOTAL
3 .00
0 Yon Otho
38.
FEDERAL AGENCY
A-95 ACTION
. In tabl T's shore •10on, any commas tenired em elecrintheucea ware con.
a*ammo due undo pr0aitiona of Part 1, 040Cam*0 CA•95,
It has barn of la ,Llai
b. FEDERAL AGENCY A-95 OFFICIAL
(Nam. and Walsh.. ad.)
STANDARD TG21I 424 PROE 1 (ID -75)
JYe..rtbed be CSA. Federal Management Cirebtar 74-7
oePAFt 4i OF rcrmISPORTAT ION - FEDERAL AVIATION ADMINISTRATION
OMB NO. 11O.R01B•
PART II
' PROJECT APPROVAL INFORMATION
SECTION A
Item 1.
Does this ossistonce request require State, local, Nome of Governing Body
regional, or other priority roting? Priority Rating
Yes No
Item 2.
Does this assistance request require State, or loco)
advisory, educational or health clearances?
Yes
Name of Agency or
Board
X No (Attach Documentation)
Item 3.
Does this assistance request require clearinghouse review
in accordance with OMB Circular A-95?
Yes
No
(Attach Comments)
Item 4.
Does this assistance request require State, loco!, Name of Approving Agency Corpus Christi City Council
regionol or other planning approval? x Date 7/3/79
Yes No
Item 5.
Is the proposed project covered by on approved
comprehensive plan?
X
Yes
Check one: State rj
Local raj
Regional r i
No Location of plan Corpus Christi. International Airport
Item 6.
Will the assistance requested serve a Federal Name of Federal Installation'
installation? Yes X No Federol Population benefiting from Project
Item 7.
Will the assistance requested be on Federal lend Name of Federol Instollation
or installation? Location of Federal Land
Yes X No Percent of Project
Item 8.
Will the assistance requested hove on 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 Forms
Item 10.
Is there other related Federal ossistonce on this See instructions for -additional information to be
project previous, pending, or anticipated? provided. -_
Yes X No
FAA F'^ 51(0-LX1 16731 SUPERSEOEs FAA FORM 5100.10 PAGES I THRU 7
Page 2
DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION
PART II = SECTION C
OMB NO. 04-R0209
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:
City comprehensive land use zoning on airport and all land sur-
rounding airport
Corpus Christi International Airport Zoning Order
2. Default.—The Sponsor is not in default on any obligation to the United States or any agency of the United State- Govern-
ment relative to the development, operation, or maintenance of any airport. except as stated herewith:
None
3. Possible Disabilities.—There arc no facts or circumstances (including the existence of effective or propo.ed lea -e>. MO'
agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceeding-)
which in reasonable probability night make it impossible for the Sponsor to carry out and complete the Project nr earrt oat the
provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follow.:
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 thr Airport. all of which areas are identified on the aforementioned property neap
designated as Exhibit "A":
(1) Fee simple title free arra clear of any exception, encumbrance, or out-
- standing interest which would interfere with use of the land's surface or the airspace
above it for (A) airport or air navigation purposes, or, when no longer needed for
such purposes, for (B) any other purpose, use or disposition authorized or required by
Attachment N to OP'B Circular A-102, to *
See Exhibit "A" attached.
(2) Easements to *
See Exhibit "A" attached.
* Identify by TRACT%PARCEL/IOT, and NUMBER as shown in Exhibit "A". If "none", so state.
No Ar3r1itional reference to Exhibit "A" needed. '
FAA Form 5100-100 (4-76)
ASWRO (Jan/79)
Page 3a
DEPARTMENTOFTRANSPORTATION—FEDERALAVIATMNADMINISTRATION
PART II - SECTION C (Cont'd)
The Spornor further rertifie- that the alitne on 41IiII. CW11110416110 I. a qualified attoriii, or title uapun atal that
attorniy nr title inimpinq lii,. determined that the :•pon-or hid& the ;dime roped 111'11,4%.
(b) The Spoinor mill acquire within a rem -finable time, lout in any et ein prior to the -tart of an!, effintrifetiffts work 111111,
the Project, the following property interna in the follom nig area- of land WI Will..11 ,ffelf con-truetion work i.. he tierforiffell.
all of whielt area- are Went ified itt ihe aforementioned propert% map ile-ignated it.. Exhibit
(1) Fee simple title free and clear of any exception, encumbrance, or out-
stanling interest which would interfere with use of the land's surface or the airspace
above it for (A) airport or air navigation purposes, or, when no longer needed for
Attadmnent N to ams circniar A-102, to *
such puroses, for (B) any other purpose, use or disposition authorized or required by
OMB NO. 044,0209
Parcel number one
(2) Easements to *
None
01 The Spinf,0r will aelpfinf within a rea-mmihh nme—uld 1 feadldff prior io tla.complilion of all confarmihni mfirk under
the Project, the follom nig pmpeti M the folkfming JP.d. 4 laud which an. to Iuu de%ekped or tt.ed a, fmrt of or in
connection with the 1irport n will he Noon rimipletion of tIn. Project, an of which aom, are hlentifiefhnt the affwententhnied
property map &Agitated a, Exhibit
(1) Fee simple title free and clear of any exception, encumbrance, or out-
standing interest which would interfere with use of the land's surface or the airspace
above it for (A) airport or air navigation purposes, or, when no longer needed for
such purposes, for (B) any other purpose, use or disposition authorized or required by
Attachment N to OMB Circular A-102, to *
Not applicable
(2) Easements to *
Not applicable
5. Exclo.he Hight, There i no grant 01 au exeltmke right lor the confine( 01 an) aeronautical aeth it) al dui airport ;mord •
or controlled lu the •,1111114117 eXcepl a- follion:-:
None
Identify by TRACT PARCEL LOT, and NUMBER as shown in EXhibit A". If "none', so state.
NO additional reference to EXhibit "A" needed.
FAA Form 5100-100 (4-76)
noon LTan/7Q1
Page 3b
' . PART III — BUDGET INFORMATION — CONSTRUCTION
SECTION A — GENERAL
1. Federal Domestic Assistance Catalog No
2. Functional or Other Breakout
20-102
-
SECTION B — CALCULATION OF FEDERAL GRANT
•
Cost Cies sificetion
Use only for revisions
Total
Amount
Required
Latest Approved
Amount
- -
Adjustment
* or (-)
1. Administration expense
S
5
S 1,602
2. Preliminary expense
1,000
3. Land,structures,right-of-way
-
352,398
4. Architectural engineering basic fees
5. Other architectural engineering fees
6. Project inspection fees
7. Land development
6. Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal
11. Construction and project improvement
—
12. Equipment
i3. Miscellaneous
14. Total (Lines 1 through 13)
355.000
15. Estimated Income (rt applicable)
16. Net Project Amount (Line 14 minus 15)
17. Less: Ineligible Exclusions
18. Md: Contingencies
19. Total Project Amt. (Excluding Rehabilitation Grants)
355,000
20. Federal Share requested of Line 19
284,000
21. Add Rehabilitation Grants Requested (100 Percent)
22. Total Federal grant requested (Lines 20 & 21)
—
23. Grantee share
71, 000
24. Other shares
25. Total project (Lines 22, 23 & 24)
S
$
S 355,000
•10() I6 731 SUP ERSE OES FAA FORM 5100-10 PAGES 1 THRU 7
Page 4
PORTA ION - FEDERAL AV
OMB No. SO•RO tad •
SECTION C — EXCLUSIONS
None •
Classification
26
Ineligible for
Part is ipalion
(I)
Excluded from
Contingency Provision
(2)
a.
S
$
b
d
I.
g- Totals
E
E
SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27. Grantee Share
S 71,000
a. Securities
b. Mortgages
c. Appropriations (By Applicant)
- d. Bonds
71,000
e. Tax Levies
1. Non Cash
g. Other(Explain)
h. TOTAL — Grantee share .
29. Other Shales
•
a. State
b. Other
c. Total Other Shares
29. TOTAL
S 71,000
SECTION E — REMARKS
None
•
PART IV PROGRAM NARRATIVE (Attach — See Instructions)
FAA Fc..n $100.100 16-731 SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7
Plage 5VAA AC70.0222
Program Narrative Statement
It is proposed to acquire fee simple title to parcel No. 1 which is bounded
by State Highway 44 on the north, the west boundary of Corpus Christi
International Airport on the east, by Buckholt road on the west, and adjoins
parcel 2 of our acquisition program on the south. This project will continue
the land acquisition program to protect the approach to present runway 13.
Fee simple title will be obtained for this parcel with the minerals being
subordinated to aeronautic use of the property. Purchase will be made by
mutual agreement with the present land owners. -
Acquisition of this parcel of land will materially assist in providing a
buffer between airport activities which generate noise and the people who
might be working or living adjacent to the airport boundary. In addition
it will provide access to the proposed Highway 44 free way for the relocation
of the entrance road to the proposed new terminal site.
The ultimate benefit will be not only for those persons who are living adjacent
to the airport preimeter but also for the citizens of the Coastal Bend Area
who will depend on Corpus Christi International Airport as the primary means
of mass transportation for many years into the future.
William D. Wilder, A.A.E.
Airport Manager
DEP. ENT OF t KANSPORTAl1UN- FEDERAL AVIATION ADMINISTRATION
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 t0 the grant that:
1. 1t 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, relat.ny to evaluation of flood hazards, and Execu-
tive Order 11286, relating to the prevention, control, and
abatement of water pollution. -
3. It will have sufficient funds available to meet the non -
Federal snare 01 me cost for construction projects. Suffi-
cient funds wid he available when construction is com-
p lelee to assure effective operation and maintenance of the
!acuity for Inc purposes constructed.
4. It wi'i ootain approval by the appropriate Federal
agency of the final working drawings and specifications be -
lure ine project is advertised or placed on the market for
indurng, that it wilt construct the project, or cause it to be
construe:ed. to final completion in accordance with the
a..,lication am approved plans and specifications; that it
wit. submit to the appropriate Federal agency for prior ap-
proval changes Inas alter the costs of the project, use of
space, or fdnctionai layout; that it will not enter into a
construction contracts) for the project or undertake other
activities until the conditions of the construction grant pro-
gramis) have been met.
5. it will provide and maintain competent and adequate
archrtecturai engineering supervision and inspection at the
construction site to insure that the completed work con-
forms with tete approved plans and specifications; that it
V4111 furnish progress reports and such other information as
The Federal grantor agency may require.
1: will operate and maintain the facility in accordance
with the minimum standards as may be required or pre-
scri:red by the applicable Federal, State and local agencies
for the mantenance and operation ofsuch facilities.
7. it wilt give the grantor agency and the Comptroller Gen-
eral through any authorized representative access to and the
rignt to examine all records, books, papers, or documents
related to the giant.
8. IT will require the facility to be designed to comply with
the "American•. Standard Specifications for Making Budd•
ings and Faci.nies Accessible to. and Usable by, the Physi•
ca ry Hand.capned," Number Al 17.1-1961, as modified (41
CFR 101-17.703). The applicant will be responsible for
.i. Fe -R, 55DD.556 .6-73. SU.ERSEOES FAA FORM 5100-10 PAGES 1
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 witn 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 grouno of
race, color, or national origin, be excluded from participa
tion in, be denied the benefits of, or be otherwise subjecteo
(o discrimination under any program or activity for which
the applicant receives Federal financial assistance and will
immediately take any measures necessary to effectuate tats
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 ooii
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 wn,cn
the Federal financial assistance is extended or for another
purpose involving the provision of similar services or oene
fits.
12. It will establish safeguards to prohibit employees iron..
using their positions for a purpose that is or gives the a,t
pearance of being motivated by a desire for private gain sur
themselves or others, particularly those with whom they
have family, business, or othei ties.
13. It will comply with the requirements of Title it and
Title 111 of the Uniform Relocation Assistance- and Real
Property Acquisitions Act of 1970 (P.L 91-646) wn.c•t
provides for fair and equitable treatment of persons urs
placed as a result of Federal and feoeraliy assisten pro
grams.
141 It will comply with all requirements imposed by: the-
Federal
heFederal 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 empioyees.
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.
TARO 7
Page 6
DEPARTMENT 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 riehts
or to real property acquired with Federal
assistance. Any breach of these cove–
nants on the part of the Sponsor may re–
sult in the suspension or termination of,_
or refusal to grant Federal assistance un–
der FAA–administered programs, or such
other action which may be necessary to en–
force the rights of the United States under
this agreement.
18. The Sponsor will operate the Airport as such forthe-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
he 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 -
hidden by Section 308(a) of the Federal Aviation Act of
1958 (49 U.S.C. 1349(a)) at the Airport, or at any other
airport now owned or controlled by it;
b. Agrees that, in furtherance of the policy of the FAA
under this covenant, unless authorized by the Administra-
tor, it will not, either directly or indirectly, grant or per-
mit any person, firm or corporation the exclusive right at
the Airport, or at any other airport now owned or con-
trolled by it, to conduct any aeronautical activities, in-
cluding, hut 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 he 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, 1962, 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 rohdurt 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
FAA Form 5100-100 (4-76)
ASWRO (Dec/78)
OMB NO. 04-80200
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, fiim, or cotporation 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 %sill operate and maintain in a safe and
serviceable condition the Airport and all facilities thereon
and connected therewith whieh 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 he operated
for aeronautical uses during temporary periods when snow,
flood, or other climatic conditions interfere with such opera-
tion and maintenance; And Provided Further. That nothing
herein shall be construed as requiring the maintenance. re-
pair, restoration or replacement of any structure or facility -
which is substantially damaged or destroyed due to an act
of God or other condition or circumstance beyond the con-
trol of the Sponsor. in furtherance of this covenant the
Sponsor will have in effect at all times arrangements for:
a. Op:mating the alt port's aeronautical facilities when-
ever required.
b. Promptly marking and lighting hazards resulting
front airport conditions, including temporary conditions,
and
c. Promptly notifying airmen of any condition affecting
aeronautical use of the Airport.
Page 7
. ..
.•MIH,+ • v,. o. o. •uzoa
23. insofar as it is within its power and reasonable. the
Sponsor will, either by the acquisition and retention of ease-
ment: or other interests in or rights for'the use of land or
airspace or by the adoption and enforcement of zoning regu-
iations, 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
coastituw 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 im which 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 airspare 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 wiii keep up to date at all times an airport
layout p...a of the Airport showing (I) the boundaries of the
Airport and ail proposed additions thereto, together with
tie oeundaries of all offsite areas owned or cnntiolled by the
S1nos„r for airport purposes, and proposed additions thereto;
s2, the location and nature of all existing and proposed
a.rpnrt facilities and structures (such as runways, taxiways,
a7rons. terminal buiid.ngs, hangars and roads), including all
,,ro,,nseu extensions and reductions of existing airport fa-
. , ,a,d CO the location of all existing and proposed
ration areas and of all existing improvements thereon.
S uor. a ;air. layout pian and each amendment, revision. or
n, •i.,f:c..anr. thereof, shall he subject to the approval of the
. -. wtaeh a, proval shall he evidenced by the signature of
r. duly authorized representative of the FAA on the face of
thy a.r r,rt layout plan. The Sponsor will not make or permit
t ar rua:m of any cringes or alterations in the Airport or
any of ito facilities other than in conformity with the airport
lava:.t plan as so approved by the FAA, if such changes or
n.zeratior.s mignt auversely affect the safety. utility, or
e ff,cienry of the Airport
25. Ali facilities of the Airport developed with Federal aid
and al. those usable for the landing and taking off of air-
craft, will in; 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 ..abstanzist, a reasonable share. proportional to such use,
of the cost ni operatmg and maintaining facilities so used.
rrmy ins charged. Unless otherwise determined by the FAA,
or otherwise agreed to by the Sponsor and the using agency,
tu,e.tantial use of ar, airport by government aircraft will he
co..sid.red to exist when operations of such aircraft are in
excess of those which, in the opinion of the FAA. would
unnu:y interfere with use of the landi..g area by other
authorized' aircraft, or during any calendar month that:
a. Five (5) or more government aircraft are regularly
base.: at the airport or on land adjacent thereto; or
b. Tne total nun.oer of movements (counting each land -
a% 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
—A. Foran 5100-100 t4-461 (ASWRO 8/76)
(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 con-
struction, operation, and maintenance of facilities for air
traffic control activities, or weather reporting activities. and
communication activities related to air traffic control, such
areas of land or water, or estate therein, or rights in huihi-
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 maintain a fee and
rental structure for the facilities and services being provided
the airport users which will make the Airport as self-sustain-
ing as possible under the circumstances existing at the Air-
port, taking into account such factors as the volume of traffic
and economy of collection.
29. The Sponsor will furnish the FAA with such annual
or special airport financial and operational reports as may
he seasonably requested. Such reports may be submitted on
forms furnished by the FAA. or may he 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, operatiog,
and use agreements, regulations, and other instruments. tvili
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. 11 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 1:, paragraphs
4(a).4 (h), and 4(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
owersnecessary 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 eperatmn 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 w,:i
he 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 tho:
Regulations shall have the meanings assigned to then therein..
Page E
CIVIL RIGHTS (Title VI) ASSURANCES
Regarding Compliance With --
DOT Regulations Part 21
The City of Corpus Christi, Texas
(hereinafter
referred to as either "Sponsor" or "Airport Owner/Operator") HEREBY
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 "Airpert Owner/Operator," in accordance with Title VI
of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C.
200ua 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
(ASaO--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 response 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 financial assistance
to construct a facility, or part of a facility, the assurance shall•
extend to the entire facility and facilities operated in connection
therewith.
5. That where the sponsor receives Federal financial assistance
it the form, or for the acquisition of real property or an interest in
real property, the assurance shall extend to rights to space on, over,
or under such property.
6. That the sponsor shall include the appropriate clauses set
forth in Attachment 2 of this assurance, as a covenant running with the
land, in any future deeds, leases, permits, licenses, and similar
agreements entered into by the sponsor with other parties: (1) for
the subsequent transfer of real property acquired or improved under the
Airport Development Aid Program of the Federal Aviation Administration,
and (b) for the construction of use of or access to space on, over, or •
under real property acquired, or improved under the said Airport
Development Aid Program.
7. That this assurance obligates the sponsor for the period
during which Federal financial assistance is extended to the program,
except where the Federal financial assistance is to provide, or is in
the form of, personal property, or real property or interest therein or
structures or improvements thereon, in which case the assurance
obligates the sponsor or any transferee for the longer of the following
periods: (a) the period during which the property is used for a
purpose for which the Federal financial assistance is extended, or for
another purpose involving the provision of similar services or
benefits, or (b) .the period during which the sponsor retains ownership
or possession of the property.
8. The sponsor shall provide for such methods of administration
for the program as are found by the Secretary of Transportation or the
official to whom he delegates specific authority to give reasonable
guarantee that it, other sponsors, subgrantees, contractors, subcon-
tractors, transferees, successors in interest, and other participants
Page 2 of 6
(ASWRO--Oct/77)
of Federal financial
requirements imposed
assurance.
9. The sponsor
judicial enforcement
the Regulations, and
assistance under such program will comply with all
or pursuant to the Act, the Regulations, and this
agrees that th. 0,.i.ted States has a right to seek
with regard to a,vy matter arising under the Act,
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
hereir, 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 progr<.'c set forth in Appendix Sof the Regulations.
3. Solicitations for Subcontracts, Including Procurements of
Materials ano Equipment. In all solicitations either by competitive
bidding or negotiation made by the contractor for work to be performed
Page 3 of 6
(:.SWRO--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.
ri, in;formatiior. and Reports. The contractor shall provide all
anforoation and reports required by the regulations or directives
issuer; pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information,
i:.: and its facilities 4s may be
tce.�.ince, by the sponsor or the Federal Aviation Administration
pertinent to ascertain, compliance to be -
with such Regulations, orders,, ..c.d
instructions. Where any information required of a contractor is in
exclusive possession of another who fella or refuses to furnish .ia
information the contractor shall so certify to the sponsor or the
.'ederal Aviation Administration as appropriate, and shall set forth
-what efforts it has made to obtain the information.
5. S. actions for Noncompliance. In the event of the '
aor,e.,ii.ru.ce with the nodiscriainatior, contract, s
...", s, -,r>•.. snail provisions' of this contract,
impose such contract sanction.; a., it or the Federal
lien nde.nistration may g,b
to-- - daterWiaa to be appropriate, including,
•. limitedbut
a. withholdil•,; of payments to the contractor :.:der the
contract until the contractor complies, aced/or
b. canceliatl•t, termination, or suspension of'the contract,
.n whole or in part. -
5. incorporation of Provisions. The contractor hall iariijc;o the
,• ,v i:, lOh,, of ars• ra n3 -- ••--- ..
p d p i throur n 5 in every subcontract, i-nc herding
ocuroments of materials -and leases' of equipment, unless exempt; by the
i,u; ;liens or directives issued pursuant thereto. The cont:r•:.•t-or
'-°••<= such action with respect to any O':nr_ontract or procurr•;,,er;;,
-• or the Federal Aviation Administration ..:ay direct is a
•:u.orcing such provisions including sanctions for noncar-.
^c: .'.'ovide4, however, that, in the eve•:,;: a contractor brcomcs
r'•r'r ": • ur is threatened with, iiti?et;..,o with a subcontractor or
resus t of such direction, r;
.•r.:,,;,• •....•r into :na.:h i ^^ea foi may rt ,.r zt the .
' .r.t;;a•�10.1 �o ,,,,;. ;, .,,. interests c:' the
n:.•, ..., addition, �c..vr .0 cont.- .-
• ..: ;rr.,
-to •:r)Fer .nro soeh l:tig'rtion to protect the interests of t
A....c.,i•..,a:
to
Civil
Rights (Title VI) ;s -
bao:,:ng clauses shall 6r• included in
.. lreO,• er/seS,
or aimil:,r i
nstrumer.•.. •antcrad int,rata, pursuar.i. co the irport Owner/
proveions c: Rs�.., a„u,,
4 of 6
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, leasee, 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 fros participation in, denied the:
benefitsof, 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 (granteer_licensee, lessee,
permittee, etc.) shall use the premises in compliance with all other
Page 5 of 6
(.Sw;O--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 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 sane as if 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 necessary in order to effectuate the
purposes of Title VI of the Civil Rights Act of 1964.
Pane 6 o: 6
\ASWRO--Oct/77)
Subtitle A—Office of the, Secretary of Tranporlalion
PART 21—NONDISCRIMINATION IN
FEDERALLY -ASSISTED PROGRAMS
OF THE DEPARTMENT OF TRANS-
PORTATiON—EFFECTUATION OF
TITLE VI OF THE CIVIL RIGHTS ACT
OF 19U
Sec.
21.1 Purpose.
21.9 Application of this part. ,
21.5 Discrimination prohlblted.
21.7 Assurances required.
21.9 Compliance Information.
21.11 Conduct of investigations.
29.13 Procedure for elfeoting compliance.
21.15 Hearings.
21.17 Decisions and notices.
21.19 Judicial review.
21.21 Effect on other regulations, forms, and
Inetruellond.
21.29 Derinitlom.
Appendix A: Activities to which this pert
applies.
Appendix 0: Activities to which this part
applies when a primary objective
of the Federal financial assistance
Is to provide employment.
Appendix 0: Application of Part 31 to cer-
tain Federal financial assistance of
the Department of Transportation.
Arrrnoarrr: The provisions or this Part 11
tamed under sea. 902. 42 O.B.C. 2090d-1,
unless otherwise noted.
8otract: The provisions of thin Part 21
appear at r5 TR. 10050. Juni le, 1170, =loll
otherwise noted.
121.1 Purpose.
The purpose of thls part Is to eTeo-
tnate the provisions of title W of the
Civil Rights Act of 1984 (hereafter re -
4 21.1
11.3 Title 49—.Transportatlon
tarred to u the Act) to the end that no
Person In the United States shall, an the
grounds of race, Dolor, or national ori-
gin, be excluded from participation 1st.
be denied the benefits et. or be otherwise
subjected to discrimination under any
program or activity receiving Federal
financial asalstance from the Department
of Transportation.
{ 21.3 Applludon of this pert.
(a) This part applies to any program
for which Federal financial assistance
la authorized under it law administered
by the Department, including the
federally assisted programs and activi-
ties listed 1n Appendix A to thin part, It
also applies to money paid, property
transferred, or other Federal financial
assistance extended under any such pro-
gram atter the effective date of Ulla part
pursuant to an application approved he -
fora that effective date. This part don
not apply to:
(1) Any Pedant financial aalatanee by
way of ineuranos or guaranty contracts;
(2) Money paid, property transferred,
or other aaedstanoe extended under any
such program before the effectiye date
of this part, except where 511011 aa1atanca
WW1 subject to the title VI regulations of
any agency whose responsibilities are
now exercised b7 this Department;
(3) Any as 1ttanoe to any tndlviduat
who 15 the ultimata benadlotary wider
any such program; or
(4) Any employment practice, wider
any such program, at any employer, em-
ployment agency. or labor organisation,
except to the extent described 1st
121.3(0).
The fact that • Program or aotI1ty 11
not 11at.od is APpsldta A to this part
shall not mean, 1t title VI of the Act 1.
otherwise applicable, that such program
is not covered. Other Programs under
statute/ now In toles or hereinafter en-
acted may be added to Appendix A to
this part.
(b) In any program revolving Federal
financial assistance in the form. or for
th5 aoqufeltlon. of real Property or an
interest In reel property. to the extent
that rights to ipso* on, Over. or ander
any such property an included u part
of the Program roodving that wtrtanes.
the twndisorlminatfon requtram.nt of
Ibis part shall extend to any (WIRT
located wholly or In part In that .paoe.
121.5 Discrimination prohibited.
(a) General: /to person In the United'
States shall. on the grounds of raoe,
color, or national origin be excluded
from participation in, be dented th. '.
benefits of, or bo otberwtae subjected ,
to dlncrimination tender, any program to
which this part applies.
(b) Specific discriminator", actions
prohibited:
(1) A recipient under any program to
which this Part apPue a may not, dlroetly
or through contractual or other arrange-
ments, on the grounds of race, color, or
national origin—
(1) Deny a person any service, finan-
cial a1d, or other benefit provided under
the program
(11) Provide any service, financial aid.
or other benefit to a person which la d1t-
rerent, Is rod dnsan-
ner, fromor thatpprovidedrideIna todlotherserenrt Under
the program;
(111) Subject a person to segregation
or separate treatment In any metier
related to his receipt of any service,
financial aid, or other benefit under the
program;
fid) Restriet a person 1n ant way to
the enloyment of any advantage or
privilege enjoyed by others receivingarp
service, fina1101a1 aid. or other benefit
under the program;
(v) Treat a person -differently from
others In determining whether he satis-
fies any admission, enrollment. quota.
elIilb1U4, membethip, or other requite-
ment or condltion which pe -won• must
meet in order to be provided any service,
financial aid. or other benefit provided
under the program;
(v11 Deny a person an opportunity to
participate In the program through the
provision of services or otherwise or
afford him an opportunity to do go which
1e different from that afforded othera
under the program; or
(vel) Deny a person the opportunity to
participate as a member of a planning,
advisory, or similar body which 1a an in-
tegral part of the program.
(2) A roclptent, in determining tila
types of sordes, financial aid, or other
benefits, or facilities which will be pro-
vided under any each program. or tha
eters of person to whom, or the situations
Subtitle A—Office of the Secretary of Transportation
in which, such services, financial aid,
other benefits, or facilities will be pro -
sided under any such program, or the
class of persons to be afforded an oppor-
tunity to participate in any ouch pro-
' grant; may not, directly or through con-
tractual or other arrangements, utilise
criteria or methods of administration
which bare the effect of subjecting per-
' sone to discrimination because of their
! race, color, or national origin, or have
i the effect of defeating or substanttaUy
lmpairing accomplishment of the ob-
JecUves of the program with respect to
individuals of a particular race,- color,
or national origin. ,
(3) In determining the site or loca-
tion of facilities, a reclptent or applicant
may not make eelecUons with the pur-
pose or effect of excluding persona from,
denying them the beneflte of, or subject-
ing them to discrimination under any
program to which this regulation applies,
on the grounds of race, color, or national
, origin; or with the purpose or effect of
defeating or subetenttally =Wring the
aceompliehment of the objectives of the
Act Or this part.
(4) M used in this section the eerv-
ices, financial aid. nr other benefits pro-
' vlded under a program receiving Federal
financial assistance Include any service.
llnanclal aid, or other benefit provided
In or through a facility provided with
the aid 'of Federal financial aaslatance,
(0) The enumeration of apeciflo'fonna
of prohibited dlecrlailnatlon In thin
Paragraph does not limit the generality
Of the prohibition In paragraph (a) of
this section,
(e) Examples deftbristrating the ep-
piloatlon of the provisions of thin section
to certain programs of the Department
of 'ITanaportatlon are contained In Ap-
pendix C of this pert.
(7) This part dove not prohibit the
-consideration of race, color, or national
origin if the purpose and effect are to
remove or overcome the cenoegdtnbes of
pracucea or impedimenta which have re-
stricted the availability of, or parUolpa-
tion in, the program or acUvity receiving
Federal financial Resistance, on the
grounds of race, color, or national origin.
Where prior discriminatory practice or
usage kende, on the grounds of race, color,
or national origin to exclude individua l
from participation in, to deny them the
benefits of, or to subject them to dis-
4 21.5 4 21.1 Till s 49--Transporta lion
crimination under any program or ac-
Uvlty to which thin part appllea, the ap-
plicant or recipient must take affirmative
action to remove or overcome the effects
of the prior discriminatory practice m•
usage. Even In the absence of prior dis-
criminatory practice or usage, a recipient
in administering a program or activity
to which this part applies, is expected to
tato affirmative action to assure that no
person to excluded from participation In
or dented the benefits of the program or
activity Ob the grounds of race, color, or
national origin,
(o) Employment practices:
. (1) Where a primary objective of a
program of Federal financial assistance
to which tole part applies' Is to provide
employment, a recipient or other party
subject to this part ahall not, directly es
through contractual or other arrange-
ments, eubjoct a person to discrimina-
tion on the ground of race, color, or
national Origin in its employment prao-
ticea under such program (including re-
cruitment or recruitment advert/eine,
hiring, firing, up0radlng, promotion, de-
motion, transfer, layoff, termination,
rates of pay or other forms of compensa-
tion or beneflta, selection for training or
apprenticeship, Ilea of facflUea, and
treatment of employees). Such recipient
shall take affrmat(ve a0tion to insane
that applicants are employed, and em-
ployees aro treated during employmen3,
without regard to their race, color, or
national Origin. The requirementa .p-
placable to construction employment un-
der any such proentm ahall be those
specified In or pursuant to Part III of
Executive Order 11240 or any Executive
order which eupersedm It.
(3) Federal Anent -lel aeatetanee to
programs under laws funded or admin-,
tftered by the Department which has
es a primary objective the providing of
employment Include those set forth as
Appendix 21 to this part,
(3) Where a primary objective of the
Federal financial assistance Ls not to
Provide employment, but discrimination
on the grounds of race, color, or national
origin In the employment practices of
the recipient or other persons subject to
the regulation tends, on the grounds of
race, color, or national origin, to exclude
Individuals from participation in. to
deny them the benefits of, or to subject
then to discrimination under any pro-
gram to which this regulation applies.
the provisions of subparagraph (1) of
this paragraph shall apply' to the em-
ployment practices of the recipient or
other persona subject to the regulation,
to the extent neceseary to amuse equal-
ity of opportunity to, and nondiscrimina-
tory treatment of, beneflclarlea,
(d) A recipient may not make a selec-
tion of a site or location of a facility if
the purpose of that selection, or Its effect
when made, Is to exclude individuals from
participation In, to deny them the tena-
nts of, or to subject them to discrimina-
tion under any program or aotvlty t0
which this rule applies, on the grounds of
race, color, or national origin; or if the
purpose la to, or its effect when made will,
substanttslly Impair the aocompllzhment
of the objecuvea of this part.
leo Fit 10080, June 10, 1070, ea amsae9 by
Arndt. 72-3, 86 en 17097, Ju1y e, 1073)
6 21.7 Aesur.neee required. •
- of a facility or part of a faculty, the as-
surance shall In any eve ' extend to the
entire faculty and to faculties operated
in connection therewith. The Secretary
shell apeclfy the form of the foregoing
assurances for each program, and the
extent to which like assurances will be
required of eubgranteee,contractors and
subcontractors, transferees, successors in
Interest, and other participants in the
program. Any euoh aseuranoe shall In-
clude provisions which give the United
Mates a right to seek 1ts Judicial
enforcement.
(2) In the case where Federal flnan-
. Mal sealstance la provided In the form
of a transfer of real property, structures.
or improvements thereon, or Interest,
therein, from the Federal Government,
the instrument effooting or recording the
transfer shall contain a covenent run-
ning with the land securing nondiscrim-
ination for the period during which the
real property Is used for a purpose for
which the Federal financial sa.lefance is
extended or for another purpose involv-
ing the provlalon of similar servlcea or •
benefits. Where no transfer Of property
or Interest therein from the Federal Gov-
ernment to involved, but property le ac-
quired or Improved under a program of
Federal financial asetstance, the recto -
lent shall agree to include such cove-
nant in any subeequemt thunder of ouch
property. Wben the property la obtained
from the Federal Government, ouch
covenant may also include a oondltion
coupled with a right to be reserved by the
Department to revert Utle to, the prop-
erty In the event of a breach of the cove-
nant where, 1n the discretion of the
Secretary, such a condition and right of
reverter is apprvprlate 10 the Program
under Which the real property is ob-
tained and to the nature of the grant and
the grantee. In such event 1f a trans-
feree of real property proposes to mart -
.,gage use etherealise -encumber ttte red
property as security for financing con-
struction of new, or improvement of ex- -.
lsttng, facilities on such property for _
the pnrpoeee for which the property was
transferred, the Secretary may agree.
upon request of the transferee and 1f .•
necessary to accomplish such Ilnano- •`
Ing, and upon such conditions se he
deems appropriate, to eubordinete each
right of reveralon to the Uen of such
mortgage or other encumbrance.
(b) Continuing State programs. Lorry
application by a Slate or a State agency
(a) °entre!. (1) Every application for
Federal financial aealetanco to carry out
a program to which this part applies,
except a program to ;which paragraph
(b) of this section applies, and every ap-
plloation for Federal flnanclal assistance
to provide a facility shall. as a condition
to Its approval and the extenalon Of any
Federal fmanAlal ouIstance pursuant
to the applfaauen, contain or be secom-
panred by. an eminence trait the pro-
gram w111 he ednduoted or the facility op.
*rated In compliance with a11 require-
ments Imposed by or pursuant 10 this
part. Every program .of Federal flnan-
c1a1 seslatan0e shall require the eubmle-
sion of such an assurance. In the case
where the Federal tnanclai assistance
is to provide oris in the form of personal
property, or real property or interest
therein or structures thereon, the assur-
ance shall obligate the recipient, or, In
"the (see of a subsequent transfer,. the
transferee, for the period during which
the property is need for a purpose for
which the Federal flnanolal aseletance fa
extended or for =either purpose involv-
ing the provlaldn of similar services or
benefit*, or for u long as the reciplent
rotelna ownership or possession of the
property, whichever; U longer. In all
other cues the usttrance shall .obllgate
the recipient for the period during which
Federal financial assistance is extended
to the program. In the cue where the
assistance is sought for the construction
nunhre a Utnca 0r the
10 carry out a program Involving eon -
tinning Federal financial assistance to
which the part applies (including the
programs listed in Appendix A to this
part) shall as a condition to Its approval
and the extension of any Federal finan-
cial ualatance pursuant to the applica-
tion (1) contain or be accompanied by
A statement that the program to (or,
In the case of a new program. will be)
conducted in compliance with all re-
quirements Imposed by or pursuant to
this part, and (2) provide or be accom-
panied by provision for such methods
of adminlstration for the program u
are found by the Secretary to glve
reasonable guarantee that this applicant
and all recipients of Federal financial
assistance under such program will com-
ply with ail requirements imposed by or
pursuant to this part.
§ 21.9 Compliance information.
(a) Cooperation and as:biasses. 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 ham
to ascertain whether the reelplent has
• oomplled or is complying with this part,
In the case of any program under which
•a primary recipient extends Federal
financial assistance to any other recto-
. lent, such other recipient shall also sub-
. salt such compliance reports to the
Primary recipient as may be necessary to
enable the primary recipient to carry out
Its_obllgations tinder this part. In gen-
eral recipients should have available for
the Secretary racial and ethnic data
showing the extent to which members of
minority, groups are beneficiaries of
programs receiving Federal financial
assistance.
(c) Access to source* of fn/ormatfon.
' trach recipient than permit access by
the Secretary during normal burinea
hours to rutty of Its books, records, ac-
ootmta, and other sources of informa-
tion, and its facilities ea may be
pertinent to ascertain compliance with
this part. Where any information re.
Secretary of Transportation 121,11
wired of a recipient is In the exclusive
possession of any other agency, Institu-
tion, or person and this agency, institu-
tion, or person falls or refuses to (urnlab
this information, the recipient shall so
certify in ita'report and shall set forth
what efforts It has made to obtain the
information.
(d) Information to beneficiaries and
participants. Each recipient shall make
available to participants, beneficiaries.
and other interested persons such 1n -
formation regarding the proviatona of
tido part and Its applicability to the
Program under which the reclplent re-
ceives Federal financial desistance, and
make such information available to
them In such manner. as the Secretary
(ands necessary to apprise such persona
of the protections against dlscrlmina-
Uon assured them by the Act and this
part.
135 FR 10080, June 19, 1970. as amended by
Arndt. 77-2, 38 PR 17907. July 6, 19731
g 21.11 Condos( of Inve.ligalimu.
(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.
lb) Complaints. Any person who be -
neves himself or any epectfic close of
persons to be subjected to dlscriminaUm
Prohibited by this part may by himself
or by a representative ale with the Bea•
retary a written complaint. A complaint
must be filed not later than 180 days
atter the date al the alleged discrimina-
tion, unless the time for Rung is ex-
tended by the Secretary.
(c) Investigations. The Secretary will
make a 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 es to whether the recip-
ient has failed to comply with this part.
(1) Resolution of matters. (1) If an
Investigation pursuant to paragraph (c)
of this section indicates a failure to cons-
. ply with this part, the Secretary will so
inform the recipient and the matter will
^ be resolved by informal means Whenever
possible. If it has been determined that
111.17
Title 49—Transportation
the matter cannot be resolved by in-
formal means, action will be taken u
provided for 1n 121.13.
(3) If an Investigation does not war-
rant lotion pursuant to subparagraph
(1) of fhb paragraph the Secretary will
ao inform the recipient and the complain-
ant, if arty. 1n writing.
le) latlmldatory 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 60) of the
Act or this part, or because he has made
a complaint, testllled, 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 carry out the purposes 01
Unix part, including the conduct of any
investigation, hearing, or Judicial pro-
ceeding arfaing thereunder.
196 FR (0060. June 18. 1070^ es amended by
Arndt. 72-2. 88 FR 17007, July 6, 19731
121.12 Procedure for effecting com-
pIaaca
(a) General. If then appears to be
failure or threatened failure to comply
with dile part, and ti the noncompliance
or threatened noncompliance cannot be
corrected by informal means, compliance
with this part may be effected by the sus-
pension or termination of or refund to
grant or to continue Federal financial
assistance or by any other means au-
thorised by law. Such other means may
Malude, but are not limited to, (1) a
reference to the Department of Justice
with a recommendation that appropriate
proceedintights the United be States under any ht to enforce law
of the United States (Including other
titles of the Act), or any aarurabc5 or
other contractual undertaking, and (3)
any applicable proceeding under State
or local law.
(b) Noncompliance with 121.7. If as
applicant faits or refuses to furnish an
assurance required under 1 21.7 or other-
wise falls or refuses to comply with a re-
quirement Imposed by or puratlant t0
that section, Federal financial assistance
may be refused in accordance with the
procedures of paragraph (c) of this sec-
tion. The Department shall not be re-
quired to provide assistance in auch a
cane during the pendency of the adminis-
trative procoedinga under such para-
graph. However, subtest to 121.2f 1ths
Department shall continue assistance
during the pendency of such proceetfinp
where such aastetance is due and p(V-
able pursuant to an application appidved
prior to the effective date of the part. .
(e) Termination of or refusal to great •
or to continue Federal financial assist-
ance. No order suspending, terminating,
or refusing to grant or continue Federal '
financial assistance thall become effce-
five until—
(1) The8ecretary 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 failure 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 1 21.1719) ; and
(4) The expiration of 30 days after
the Secretary has riled with the cominit-
tee of the House and the committee of
the Senate having legislative Jurledlo-
Uon over the program tnvolted, 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 condone Federal
financial assistance shall be limited to
the particular political entity. or part
thereof, or other applicant or recipient
as to whom such a timeline has been mads
and shall be limited in its effect to tit
Particular program, or Mat thereof, In
which such noncompliance has beam 150
found.
(d) Other means authorised by lata.
No action to effect compliance with UUa
VI of tie Act by any other mean au-
thorized by law shall be ta'cen by thli
Department until --
(1) The Sooretary has determined that
compliance cannot ba secured by
voltmtary mean;
(2) The recipient or other person h18
been noUaed of its failure to oomph,
and of the action to be taken to
effect compliance; and
(3) The ezpiration of at least 10 dare
from the mining of such notice to the
recipient or other person. During this
period of at least 10 days, additional
efforts shall be made to persuade tit
recipient or other person to comply with
the regulation and to take suds corrective
action Y may be approprl.ala
SuittlHe A—Office of the S
121.15 Searing .
(a) Opportunity for hearing. When-
ever an opportunity for a hearing is
required by 1 21.13le). reuonable notice
shall be given by reglatered or certified
mall, return receipt requested to the
affected applicant or recipient. This no -
ties shall advise the applicant or re-
. ciplent of the action Dropoped to be
Laken, the amino provision under which
the proposed action esalMt It L W be
• taken, and the matters of feet or law
asserted as the basis for this action, and
either (1) fix a date not lees than 20
days after the dete'ot such -notice within
which the applicant or recipient may
request of the Secretary that the mutter
be scheduled for hearing or (2) advise
the applicant or reelplent that the matter
1n quessttan her bean eat down for hear-
ing at a stated place and time. The alms
sad place so axed shall he rsaaenable
and than be subject to chance for same.
The somplatnant, if gas, shall be advised
of the time and place of the burins. An
appllsant or recipient may waive •
bearing and submit written information
and argum®t for the record. TW fallen
of an applicant or recipient to request
a hearing under this paragraph Or So
appear at • hearing for which a date
has been cat shell be deomeq to be •
waiver of the right to a hearing under
motion 002 of the Act and 121.13(0) and
I consent to the making of a decldon on
the bade of snah Information as 11
available.
(b) Time and piece of heerley. Swa-
thes than be held at the offices of the
Department In Washington, D.C, at •
time ISsed by the Secretary unless he
determines that the convenience of the
applicant or recipient or et the Depart-
ment requires that another place bo
selected. Hearings shall be hid before
the Saa etery, or at his discretion, before
• hnering e'saminer appointed In accord•,
, snot with section 9106 df title 1, Uftlt04
Mateo Coda, or detailed under smiths
3346 of atle 6, Vnited States Code,
(e) Right to counsel. In all proceed-
ings under able motion, the applicant or
recipient and the Department shall have
the right to be reprtaented by counsel.
(d) Procedures, evldenee, and record.
(1) The heating, decldon, and my ad-
ministrative review thereof .hall be con-
ducted in conformity with sections 554
through 557 of title 5, United States
Code, and in secordancce with such rules
of procedure as are proper (and not in-
consistent with this section) relating to
ecrelary of Transportation 421.17
the eonduot of the hearing, giving of
notion subsequent W those provided for
in' paragraph (a) of this section, taking
of testimony, exhibits, arguments and
briefs, requeata for pndlner, and other
related matte's. Both the Department
and the applicant or recipient than be
entitled to introduce all relevant evi-
dence on the lasues as stated in the notice
for hearing or u determined by the offi-
cer conducting the hearing at the outage
of or during the hearing.
(2) Technical rules of evidence do not
apply to hearings conducted pursuant W
this part, but rales or principles dealgned
to assure production of the moat credible
evidence available and W subject testi-
mony to test by oreu-examination than
be applied where reasonably necessary by
the officer conducting the hearing. The
hearing officer may exclude irrelevant,
tmmetatal, ce unduly repetitious cat-
dene. An documents and other evidence
offered or taken for the record shall be
open W examination by the parties and
opportunity shall be given W refute facts
and arguments advanced on etcher aids of
Use issue. A transcript shall ha made of
the oral evidence except to the extent the
substance thenot L stipulated for the
record. All decisloas shall be based Men
the hearing regard and written ibadings
shall be made.
(e) Consolidated or Point beartaw. m
caeca In which the same or related fonts
are averted to conetttuta nooacmpllanoe
with this part with rospaot to two or
more programs to which thio part applies,
or noncompliance with this part and the
refutations of one or more other Federal
departments or agenda Issued ander
title VI of the Act, the Secretary may,
by agreement with eneb other depart-
ments or agencies. where applicable, Dro-
vlde for the oossdued of eoavo)ldated or
Joint hearings, and for the apptloetlm
to such hearings of rules cc* preceding'
'not Inooladatent with this part. Final de-
cision)) 50 snub acne, !mater as this reg-
ulation is concerned, shall be mcdo in ac-
cordenoe with 1 2L17.
121.17 Decisions and notices.
(a) Procedwe on decision by hearing'
examiner. 11 the hearing Is hold by a
hearinr examiner, the hearing examiner
shall either make an initial deolaion, if so
authorised. or certify the entire mond
lneludlnt hie recommended andings and
proposed deoldoes to the Secretary for
final derision, and a copy of sueb !nide'
decision or certification shall be mailed
141.17 •. TIHe 49—Transporlallon
to the applicant or recipient. Where ,the
Initial decision is made by the hetiin,:
examiner the applicant or recipient anal.
within 30 days alter the mIUlnf of such
notice of initial decision, file with the
Secretary lits exceptions W the Initial
decision, with his reagens therefor. In
the absence of exceptions, the. Secretary
may. on his own =non. within 45 days
after the Initial decision, serve on the
applicant or recipient a notice that he
will review the decielon. Upon the filing
of such exceptions or of notice of review,
the Secretary shall review the Initial de-
cision and issue his own declalon thereon•'
including the reasons therefor. In the ab-
sence of either exceptions or a notice of
melee! the In1Ua1 decision shall. subject
to paragraph (a) of this section, consti-
tute the anal decision of the Secretary.
(b) Decisions on record or review by
the Secretary. Whenever a record la cer-
titled to the Secretary for declaton or he
reviews the decision of a hearing exam-
iner pursuant W paragraph (a) of this
section, or whenever the Secretary con-
ducts the hearing, the applicant or recip-
ient shall ba given reasonable oppor-
tunity to file with him briefs or other
written statements of Its contentions. and
• written they of the (anal decision of the
Secretary shall be sent to the applicant
or recipient and to the complainant, 11
any.
(c) Decisions on record where a hear-
ing le waived. Whenever a hearing is
waived pursuant to 121.16, a decision
shall be made by the Secretary on the
record and a written copy of auch deci-
sion shall be sent to the apptunt or re-
d ig(�t�f end Rulings a coidmplaainch nt. 5t allY
gion of
• hearing examiner or the SecretarY
tlull set forth his ruling on each find-
ing, conclusion, or exception presented.
and shall Identify the requirement or
requirements tmposed•by or pursuant to
this part with which lt.ls found that the
applicant or recipient has tailed to
comply.
(e) Approval by Secretary. Any final
decinlon be an °Se1a1 of Use Department,
other than the Secretary personally,
which provides for the suapenilon or
termination of. or the refusal to grant
or continue Federal financial assistance,
or the thine: kion of any other sanction
available under this part or the Act, than
promptly' b0 transmitted to the Secre-
tary personally, who may approve such
decision, may vacate 1t, or remit or miti-
gate any sanction imposed,
(1) Content of orders. The anal decl-
e1011, Ii ay, provide for suspension or
torminitton of, or refuse! to grant or
continue Federal financial assistance, In •
whole or In part. under the prorrsm in-
volved, and may contain such teras, •
conditions, and other provlsione as art
consistent eith and will effectuate the
purposes of the Act end this part, includ-
ing provisions deigned to assure that no
Federal financial astitrulce will them-
e! ter be extended under such programs
to the applicant or recipient determined
by such decision to be in default in its
performance of an assurance givelI by 1N '
pursuant to this part, err to have other-
wise failed to comply with this part,
unless and unto It corrects Its noncom-
pliance and satisfies the Secretary Ust
it will fully comply with this part.
(g) Post termination proceedings. (1)
An applicant or recipient adveueely at- •
rested by an order Issued under para-
graph (1) of this section shall be restored
to full eligibility to receive Federet linen -
cis' assistance U It satisfies the teras
end cordlUotts of that order for such
eligibility or 11 10 brings itself Into coat- ,
phance with this part and provides rea-
sonable assurance that it will fully
comply with this part.
(2) Any applicant or recipient ad- •�
versely affected by an order entered pur-
suant to paragraph (1) of this section
may at any Ume request the Secretary •
to restore fully its eligibility co receive '
Federal financial asalstance. Any such
request -ball be supported by Informs. •,
tion showing that the applicant or
recipient has met the requirements of •1
subparagraph (11 of this paragraph. 51
the Secretary determines that those re-
tulremente have been seestied, he shall •
restore sett eligibility.
(3) 11 the Secretary denies en7 such '
request. the applicant or recipient may
d submit a request far a hearing in welt- ,
' the, specifying why 1t believes curb
official to have been in error. It shall
thereupon be elven an expeditious hear-
ing. with • decision on the record in u•
cordance with rules or procedures Iuued •
by the Secretary The applicant or re-
cipient wit be restored to such ellgibWt7
if 15 proves at such a hearing that 11 •.' '
satisfied the requirements of subpartl-
graph (I) of this paragraph.
While proceedings under this pararrapb
are pending. the unctions tmPoeed by,
the order Wetted under parafraPb (1) Of
this section shall remain 1A Went.
Subtitle A -Office of the Secretary of Transportation 121.23
21.19 Judicial review.
Action taken pureuant to section 502
of the Act is subject to judicial review
a provided In section 003 of the Act.
{ 21.21 Effect on other regulations,
forms, and instructions.
(1) Riled an other repuldffons. All
regulations. orders, or like directions
issued before the effective date of this
part by any officer of the Department
which impose requirements designed to
prohibit any discrlhUnation against Ind'.
victuals on the grounds of race, color, or
national origin under any, program to
which this part apples, and which
authorize the suspension or termination
of or refusal to grant or to continue
Federal financial assistance to any appli-
cant for or reclplent of such assistance
under such program for failure to cont.
ply with such requirements, are hereby
superseded to the extent that such dis-
crimination is prohibited by this part,
except that nothing In this part may be
considered to relieve any person of any
obligation assumed or Imposed under any
such superseded regulation. order, In-
struction, or like dlrodtlon before the
effective date of this part. Nothing in
this part, however, eupersedes any of
the following (including future amend-
ments thereof): (1) Executive Order
11248 (3 CFR. 1986 Bopp.. p. 187) and
regulations issued thereunder or (2) any
other orders, regulations, or instruction,
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 make
available to all Interested persons forme
and detailed Instructions and procedures
for effectunting this part as applied to
programs to which this part applies and
for which he 1s responsible.
• (c) $uperviston and coordination. The
Secretary may front time to time assign
to officials of the Department, or to offi-
cials of other departments or agencies
o: the Government with the consent of
such departments or agencies, responel-
bilitles In connection with the effectua-
tion of the purposes of title VI of the
Act and this pert (other than responsi-
bility for final decision e, provided in
! 21.17), including the achievement of
steedse coordination and maximum
uniformity within the Department and
within the Executive Branch of the
Government In the application of title
VI and this part to similar programa and
In aimller situations. Any action taken,
determination made or requirement Im-
posed by an official of another depart-
ment Or agency acting purauant to an
assignment of responsibility under'thls
Paragraph shall have the same effect aa
though guch action had been taken by
the Secretary of this Department.
g 21.23 Definitions.
Unless the contest requires otherwise,
aa used In this part--
, fa) Applicant" means a person who
submit., 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 roast-
anee, and "application" means such an
application, request, Or plan.
(b) "Facility" includes all or any part
of etruoturce, equipment. or other real
or personal property or Interests therein,
and the provision of facilities includes
the conetruetlon, expansion, renovation,
remodeling, alteration or acquisition of
facilities
(0) "Federal financial amlatance" in-
cludes:
(1) Orante and loam 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
perndealon to wee (on other than a casual
or transient basis), Federul property or
any Interest In such property without
consideration or at a nominal considera-
tion, or at a consideration which 1s re-
duced for the purpose of assisting the
recipient, or In recornitlon of the,pubtlo
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 1ts purposes the provision of aselet-
ance.
(d) "Primary recipient" means any
recipient that is authorized or required
to extend Federal financial assistance to
another recipient for tho purpose of
tarrying out a program.
(e) "Program" includes any program.
project, or activlty for the provision of
services, financial aid, or other benefits
to Individuals (Including education or
training, health, welfare, rehabilitation,
homing. or other 5ervleea, whether pro -
App. A Title 49 -Transportation
v(ded through employees of the redlpieat
of Federal financial asalstance or pro-
vided by others through contracts or
other arrangements with the recipient,
and including work opportunitlee), or for
the provision of facilities for fnrnlahing
services, financial aid or other benefita
to Indlvlduals. The services, ftnenclal aid,
or other benefits provided under a pro-
gram receiving Federal financial assist-
ance shall be deemed to include any
services. flnanctal aid, or other benefits
provided with the ofd of Federal finan-
cial aselstance or with the aid of any
non -Federal funds, property, or other
resources required to be expended or
made available for the program to meet
matching requirements or other condi-
tions which must be met In order to re-
eelve the Federal finmdal assistance,
and to include any services, financial aid
or other beneflte provided in or through a
facility provided with the aid of Federal
financial assistance or guoh non -Federal
re9OUi0ee.
(1) "Reclplent" may mean sly State.
territory, pceseeeioa, the Dietriet of
Columbia, or Puerto Rico. or any polit-
ical eubdlviolon I thereof, or Instru-
mentality thereof. any nubile or private
agency, institution. or organization, or
other entity. or any individual, In any
State. territory. pmeasolon. the District
of Columbia, or Puerto Rico, to whom
Federal financial assistance is extended,
directly or through another redolent.
for eats program, Including any succes-
sor. asellnee, or transferee thereof, but
such term dose not lnalude any ultimate
beneficiary under any such program,
(g) "Secretary" Menne the 89000tal7
Of Transportation or, except In ! 21.17
(e), any parson to whom he has dele-
gated
elagated hie authority in the matter
concerned. •
Anima A
aarrvrra@ to mortar rum Parr amts=
1. Uaa of gents made In connection with
Psderal-aid highway systems lis U.8.O. 101
et seq.). • .
2. Use M gran% roads 1a ocansotloa with
the Highway safety Int of 1001 (114 05.0.
401 et seq.).
0. Use of gran to connection with U.
National Trento and Motor Vehicle Safety
Act of 1960 (15 013.0, 1001-1409, 1420-1438).
4. Lease of real properly and the grant
of permits, licensee, easements and rights.
of -way a:wirtog real property under control
01 the comet Guard (14 75.0. M (0) sad
, (0)). •
8. Utilisation of Oeoat award pumnnal
and Methane by any State, territor.,'pee.
erasion, or political eubdlrlaton thereof 414
U.8.C, 141(a)), •
8. ties of °oast guard peresonnel fa duty
Lis connection with maritime (notated®+
. and training by the States, territories, and
Puerto alto (14 0E.C. 148),
7. Use of obsolete and other Oman Ouard
material by sea .tout mentos of Boy Scouts;
of America, any Incorporated unit of the.
Coast Guard auxiliary, and public body or
private organization not organized for profit
()s. Ofl. Ooaat( uird 1
11.5.0. 821-897). uxl0ary Program (14
9. Use of grants for the support of beak
scientific research by nonprofit Institutions
of higher education and nonprofit organiza-
tions whose primary purpose 00 conduct of
edenttlo research (43 17E.0. 1801).
10. Dee of grants made In commotion with
the 7ederai-old Airport Program (neer, 1-14
and 17-20 of the Peder.' Airport Act, 4e
U.8 0. 1101-1114. 1118-1130) .
11. ties of 0A. land acquired for pubha
airport. tinder-
s. Rection 18 of the Federal Airport Act.
49 11n.0. 1113; and
b. Surplus Property Aot (es0. 13(g) of the
Surplus Property Act of 1044, 80 17E.0. App.
1e22(g), and no. 8 of the Act of Oct. 1, 1049,
60 UE 0. App. 1622b).
13. Aotivltiee carried oat in eonaec0oc
with the Aviat1on Rduoatlon Program of the
Federal Aelatloa Adminl.tration under na-
tion. 808, 811, and 610(1) of the Ped4ra(
Asiatfon Act of 1000. as amended (41 17.8.0.
1348, 1302, and 1384(0)),
13. rise Of grants and loans made in con-
neeuon with Urban Mem Transportation
0191ta17000111. Grant and Goan Pregram-_
Tinban Maes TTaneportatton Act of 1514.
1e amended (40 0E.0. 16021.
14. Ur of grants made In ocomotioa with
Urban Maas Transportation (Research and
Demonrirctlon °rant Program -Urban Mar
Tis portetton Act of 1064. u :m.ndad (44
UE.0. 1000).
10. 0.s of grants made in oomneotioa with
Urban Mer 'Transportation Technical Stud-
ies °rent Program -Urban Mar Traruporta-
tion Aot of 1084, fie amend.0 (49 17E.0.
1007a),
10. Ur of grants made m connection with
Urban Mea TY•anaportauon Managerial
Training °rant Program -Urban Man
Transportation Act of 1064, u amended (45
17.8 0. 18076),
17. Use of grants made m commotion with
Urban Mau Transportation Oran% for R. -
search end Training Programs In Inetltu-
clone of Higher Gar0mg-Urban Mae.
Traoepertatlon Artt 01 1004, se amended (4e
13.81.0. 1607a).
18. Use of grants madam 0onn40010* with
the High Bpe l around Trehaportatioa Act,
1e amsnled 046 115.0. ee1-441).
Subtitle A—Office of the Secretary of Troncportaflon App. C
Arrama 13
•
ACITITTrs0 TO wirier tut! rear APPLIES WEIR
1 r0MAIT 02)07015 Or 11 IR mama MAN•
411E ADIUTANCI 11 To 1808105 5YTLOTSOINT
1. Appalachia Rational Development Act 0!
. lege (4013.8.0. App lit son.).
Are1Nolx C
APPLICATION OF PART a1 TO CERTAIN 100001E
. FINANCIAL AOOI31ANCL 01' THE DEPARTMENT
Or TRANSPORTATION
Nondiscrimination on Podsrafly Aufrtsd
Projects
(A) Examples. Tho following aramplee,
althorn being exhaustive, IUunrate the ap-
plication of the nondiscrimination provisions
of this part on projects receiving Fedora!
Anomie ...slalom under the programa of
0rtaln Department of Transportation open.
riling adult nletrltlotu
(1) Federal Acianon Administration. (I)
The airport sponsor or any 01 Isla leucin, oon-
o00Ho0nlrea, or contractors may not differ-
entiate between members of the publlo
because of race. color, or national origin 1n
furnUbing, or admitting to. waiting rooms,
passenger holding areas, aircraft tiedown
areae, rmtaure0t (soWma, reasoome. Or fa-
stUtles operated under Wu compatible land
51000000471.
(R) The airport sponsor and soy o1 his
leasers. nonceo.lonairee, or 00ntra0tore milt
offer to all mambas of the publlo 0120 earns
degree and type of wrrloe without regard
to race, color. or national origin. The rune
applies to fixed base opsreton. reams: nm,
snack bars. gift 'bops. ticket comae", bag-
gPge handler,, oar rental 0(100lm, limousines
and taxis franchised by the airport sponsor,
Insurance underwrlLr,, and other buelnuaoe
catering to the publlo at the airport.
((11) An aircraft operator may not be re-
quired to park 1110110102021. location that
15 lees protected, or lee accessible from the
termini faculties. than locations offered to
others, because of his race, color, 02. national
origin.
(Iv) The pilot of an aircraft may not be
required to help more extensively In f: sing
operations, and may not be offered less in-
CIdentai service (such u wlndahleld wiping),
than other pilots, because of his race, color,
or national origin.
(v1 No pilot or crewmember eligible for
*cress to 1 pilot's lounge or to unol8ctal
communication facilities 00th as a UNICO1f
fregbency may be restricted In that acme
because of his race. color, or natlonel origin.
(v1) Acmes to faollltleo moIntalned at the
airport by air cantors or commercial ope)a-
tors for holden of first-class transportation
tickets or frequent veers of the corner's or
operator's services may not be restricted on
the bele of race, color, or national orlgtn.
(vll) Passengers and crewmembers seeking
ground traneportatlon from the airport may
not be saaigned to different vehicles, or
delayed or embarraesed in assignment to
vehicles, by the airport sponsor or has leased
0011rata(00Alree, or 101tracmrs, because at
race, 00101, or national origin.
(511) Mitre Chore are two or muse altos
baring equal potanti0l to sorra the aero-
nautical needs Of the area, the airport sponse?
shall select the alto least Ilkely to adversely
alert existing communities. Such site seise.
Won shall not be made on the hula of anon
tutor, or national orlpin.
(ll) Employment at obligated airports, in-
cluding employment by tenants and COs*
C.011001111001 shall be available to all regard-
less of race, creed, color, sex, or national
orlgtn. The sponsor shall coordinate LCL air-
port pian with his local tram)) authority and
the Urban (less Transportation Administra-
tion to assure public, transportation, non -
content to the dsodvantaged area, of nearby
oommumtlea to enhan0e emptoyt 1600 opp0?-
tunitles fm the disadvantaged and minority
population.
(x) The spomor 5)111 ammo that the
minority bmineu oommunl)7 1n his area le
advised of the opportnalt1os offered by air-
port
.part concessions, and that bids ars soi1Ofl,d
from such quallaed minority firms, and
awards made without regard to Taos. Dolce,
or natlonel origin.
(91 redsral R(phway Admt,Rrrotton. (1)
The Bata, 100111* through IL highway 4s-
partment, may not dtsc ,oln.ts in its sales
Lion and retention of contractors, Including
without ltmnam,n, those w12ms arvleee ars
retained for, or Inoldental to, oonatrnatloas,
plaanlog, reuanb. Illiberal' ulety, 111(171400.
Ing, property msnsgem0nt, and fee 00.tr.cts
and Other commitments with pawn for urn
ices and expenses Incidental to Cho acquits'.
tion of right-of-way.
(11) The Mate may not &mariminela
agatnes a l*1DL persona In making raloo0)000
payments and m prmldtng relocation 64-
vlaory malatanas where relaxation le neva-
eluted by highway right-of-way acqulattions.
(111) Federal -aid contractors may not dle-
crlmineu In these solution and retention at
first-tier snbvoatraoeme, and ML -tier esti*
oontraotors may not discriminate in their
selection and 18tantson of eeoond-tier sub �
contractors, who participate In Federe{-ald
highway c0mtructloa, acquisition of right-
of-way and related projecte, including those
who supply materials and lease equipment.
(Iv) The State may not dlscrlminate
against the traveling public and business
users of the federally assisted highway In
thele a0ceae to and me Of the facilities and
services provided for publlo accommodations
(such ae eating, sleeping, rest, recreation, and
vehicle servicing) 0o0etructed on, over or
under the right-of-way of 50012 highways.
(v) Neither the State, any other persons
subject to this part, nOr Iia contractors and
subcontractors may discriminate In their
employment practice, in connection with
highway construction project, or other
projects *0500106 by the Federal Highway
Administratlon.
APP. C Title 49—Tramps/teflon
lei) The butte shall not locate or design
hlgbwey In such a 0ulnn0 PA 00 require,
' nal the buts of raw. 00107, or national orlgtn,
rine relocation of any posses.
(vll) The State shall not IOMte, daWg ,
or construct ► highway in such a manner se
e es deny reasonable acmes to, and nu eared,
to any persons on the baste o1 raw, calor,
or 000(00*) origin.
(3) Urban Mass Transportation Admin-
istration. (1) Any person who Is, or woks
to be, a patron of any image vehicle entail
la 0peretod as a part of,. or in conjunction
with, a project shall be given the same Roeem,
seating, and other treatment with regard to
the use Mulch ve12fole a1 other Persona with.
out regard to their tuts. color, or national
Or1g1n.
(ti) No person who is, or peeks to be, an
employee of the project ep0nnor or luaus.
ooncetatoh0lrer, contractors, licensees, or nay
organisation furnishing publlo
t J
tion service u a part of. or m coou n
with, the project *hail be treated tau fa-
vorably 012.4 any other employee or applicant
with regard to hiring, d1ml0sai, advance -
moot, wegee, or any other oonelltiona and
benefits of employment, on the beets of race,
color. 01081.1one origin.
(111) No person or group of persona shall
De discriminated agelnet with regard to the
routing. scheduling, or quality of urvl00 Of
tr*Daportaclon service furnlabed se • part
of the project on the bulls of race, color, or
nat10ne1 origin. Frequency or service, age and
quality of vehicles wlgned to routes, pretty
of station' nerving different routes. and W-
ootton of routes may not De determined on
Lilo assts of rata color, or national origin.
(Iv) The location of projects requiring
land .Oquieitlon and the displacement of per-
sons from their reOldeacs, and 000100 ass
may not be determined on the bees of raw,
color, or national origin.
sal Obltpat(ons of the airport operator—
(I) Tenants. contractors, and oonce6Nnnatru.
lull airport operator shall require each ten-
ant, contractor. and co0oemlo0atre who pro-
vides any activity, service, or facility at the
airport under lama. Oontrl00 with, or Iran-
ohlw from the airport. to covenant In ■
form epoclfed by the Administrator, Federal
• Aviation Adminlatrstlon, that he will comply
t• with the 0oadleeribllnation requirements of
We part.
(2) Notification of LR1Icf1c(ar1ar. Tho air-
port Operaor 1011) (I) nuke a Dopy of this
part mailable at ale omos for inspection dur-
ing normal working hours by any person
taking for 1t, ROE (0) co11spl0unualy display
a sign. or alone, furnished by the FAA, in
the main public area or arias of the airport,
Hating that discrimination based on race,
Color. or national origin le proh1121Ld on the
airport.
(31 Reports. Each airport owner subject
to this port shell, within !8 days after be
receive, It, forward to the Area Manger o1
the FAA Area to which the airport is located
0 copy of each written complaint charging
dl1Crlminatlon because crace, color, or ale
Con►1 origin by any person rubJeot to this
part. together with a statement 6.1101binl •
111 actions taken to resolve the matter, ane
the results thereof, 80th airport operator -
shall submit to the arta meager of the FAA
area to which the airport is located a report
' for the preceding year on the data and In ,
• a form prescribed by the Pectoral Aviation
Admmlatrator. .
188 78 10080, June 1,8, 1978 0* amended by
Arndt. 91-1, 38 Flt 8875, Mar, 6, 1973; Amdt,
91.3, 40 pit 14315, liar, 81, 19751
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August 1979
C7 -7( P) -Noe` -c
i V..•ti��'
Exhibit '!A"
Corpus Christi,
(?' day o
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
as
fr,n/Aeis 19 7?
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 CI i7OF 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
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
passed by the following vote:
15136