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HomeMy WebLinkAbout04810 ORD - 06/26/1957A RESOLUTION ACCEPTING A GRANT OFFER AND AUTHORIZING THE EXECUTION OF THE GRANT AGREEMENT TO BE SU31ITTED TO THE ADMINISTRATOR OF CIVIL AERONAUTICS, U. S. RTM DEPAENT OF COMMERCE, TO OBTAIN FEDERAL AID IN THE DLVELOPkIff OF CORPUS CHRISTI MUNICIPAL AIRPORT, AND ,DECLARING AN EMERGENCY. BE IT RESOLVED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY OF CORPUS CHRISTI, TEXAS, SHALL ENTER INTO THE GRANT AGREEMENT FOR THE PURPOSE OF OBTAINING FEDERAL AID IN THE DEVELOPMENT OF THE CORPUS CHRISTI HIUNICI PAL AIRPORT AND THAT SUCH AGREEMENT SHALL BE AS SET FORTH HEREINBELOW. SECTION 2. THAT RUSSELL E. 14CCLURE, CITY MANAGER, 15 HEREBY AUTHORIZED AND DI RECTEO TO EXECUTE SAID GRANT AGREEMENT IN SIX COPIES ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, AND THE SECRETARY/CLERK IS HEREBY AUTHORIZED AND DIRECTED TO IMPRESS THE OFFICIAL SEAL OF THE CITY OF CORPUS CHRISTI, TEXAS, AND TO ATTEST SAID EXECUTION. SECTION 3. THAT THE GRANT AGREEMENT REFERRED TO HEREINABOVE SHALL BE AS FOLLOWS: Foam ACA -less (5-0 Pagel of4 pages DEPARTMENT OF COMMERCE CIVIL AERONAUTICS ADMINISTRATION WASHINGTON 25 GRANT AGREEMENT Part I — Offer Date of Offer OWPW } Airport Project No. TO: 10 4W O' OWIM OWINt#.y (herein referred to as the "Sponsor ") FROM: The United States of America (acting through the Administrator of Civil Aeronautics, herein referred to as the "Administrator ") WHEREAS, the Sponsor has submitted to the Administrator a Project Applica- tion dated OW *Ts AM for a grant of Federal funds for a project for development of the 01011" 4w"U 0110"901 Airport (herein called the "Airport "), together with plans and specifications for such project, which Project Application, as approved by the Administrator, is hereby incorporated herein and made a part hereof; and WHEREAS, the Administrator has approved a project for development of the Airport (herein called the "Project ") consisting of the following described airport development: A6014 �. IMt twit "A" all as more particularly described in the property map and plans and specifi- cations incorporated in the said Project Application; NOW THEREFORE, pursuant to and for the purposes of carrying out the provi- sions of the Federal Airport Act (60 Stat. 170; Pub. Law 377, 79th Congress), 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, 18-6!864 J Fb- ACA -1688 ("9) Page & of 4 pages THE ADMINISTRATOR, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' Sto! Of qW0W XMSWW4* AWWftM00i4"t 1 1. The maximum obligation of the United States payable under this Offer shall be .00 2. The Sponsor shall (a) begin accomplishment of the Project within a reasonable time after acceptance of this Offer, and (b) carry out and complete the Project in accordance with the terms of this. Offer, and the Federal Airport Act and the Regulations promulgated thereunder by the Administrator in effect on the date of this Offer, which Act and Regulations are incorporated herein and made a part hereof, and (o) 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 Administra- tor or his duly authorized representatives. 3. The Sponsor shall operate and maintain the Airport as provided in the Project Application incorporated herein. C SW 6WVUW &MWUIXW& %klt W MPMlr is &AVPW% tit � 3�1&W l�.triL avow of 'A w �tIUK NS6" � VU!' =or va ft*J"% *0 WOVA41"M ot 00 VWWWO fibba )i* *NIn& to be or me 4W �k 5. Any misrepresentation or omission of a material fact by the Sponsor concerning the Project or the Sponsor's authority or ability to carry out the obligations assumed by the Sponsor in accepting this Offer shall terminate the obligation of the United States, and it is understood and agreed by the Sponsor in accepting this Offer that if a material fact has been misrepresented or omitted by the Sponsor, the Adminis- trator on behalf of the United States may recover all grant payments made. 6. The Administrator reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 7. This Offer shall expire and the United States shall not be obligated to pay any of the allowable costs of the Project unless this Offer has been accepted by the Sponsor within 60 days from the above date of Offer or such longer time as may be prescribed by the Administrator in writing. 19- 6a➢6Y -a P— ACA 1932 (6-98) I#"Iof 4PON" Page 4 of It pages The Sponsor's acceptance of this Offer and ratification and adoption of the Proj- ect Application incorporated herein shall be evidenced by execution of this in- strument by the Sponsor, as hereinafter provided, and said Offer and acceptance shall comprise a Grant Agreement, as provided by the Federal Airport Act, consti- tuting 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 accept- ance of this Offer and shall remain in full force and effect throughout the useful life of the facilities developed under the Project but in any event not to exceed twenty years from the date of said acceptance. UNITED STATES OF AMERICA THE ADMINISTRATOR OF CIVIL AERONAUTICS By-------------------------------------------------------------------- Regional Administrator, Region IY Part 11 — Acceptance The City 4C s 1000 does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this - --- --- -------------- - ------ day of --- --- ----- -- --- -- 19- --- --- Cam- -09- -- -- --- - - - - -- (Name of Sponsor) By (SEAL) Title Attest: Title- -- -------- --- - - - --- --------------- CERTIFICATE OF SPONSOR'S ATTORNEY I, — --- — --------- -------------------------- - ------------------- acting as Attorney for , do hereby certify: That I have examined the foregoing Grant Agreement and the proceedings taken by said - -- __ relating thereto, and find that the Acceptance thereof by said has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the State of ------------ - - - - -, and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the #4tay'a +fig, in accordance with the terms thereof. Datedat -------- --------- ---------------- - - -- -- --- -- - -- -- this ---- ------------ - - ---- day of ------- --- ---- -- 19--- - -- Title----------------------------------------------------------------- Fo A.Q& -leas cs+w SECTION 4. THE URGENCY OF AUTHORIZING THE EXECUTION OF THE ABOVE AND FOREGOING AGREEMENT CREATES A PUBLIC EMERGENCY ANO AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE IAAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TC EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, 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 PASSAGES IT 15 ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, THIS THE ;A If DAY OF JUNE, 1957. 'f. W MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: CITY SECRE FRY APPROVED AS TO LEGAL FORM THIS THE 1 (_ DAY OF JUNE, 1957. CITY ATTORNEY C11PUS CHRISTI TEXAS TEXAS i ,1937 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN. Fog THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION SMALL BE (PASSED FINALLY OR THE DATE IT. IS INTRODUCED. AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCILS 1, THEREFORE. HERESY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED. OR AT THE PRESENT MEETING OF THE CITY COUNCIL. R ESP ECTFULLY, O� MAY THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTED: FARRELL D. SMITH W. J. ROBERTS B. E. BIGL ER f MANUEL P. MALDONADO. CHARLIE J. AILLSf..il'� ARTHUR R. JAMES ODELL INGLE n THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO _x CHARLIE J. RILLS ARTHUR R. JAMES /fit ODELL INGLE ;r