HomeMy WebLinkAbout13428 ORD - 09/29/1976JKH:vp:9 /29/76:lst
AN ORDINANCE
ACCEPTING GRANT OFFER AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A GRANT AGREEMENT AND RELATED CONTRACT
DOCUMENTS WITH THE DEPARTMENT OF TRANSPORTATION, FEDERAL
AVIATION ADMINISTRATION, FOR THE PURCHASE OF LAND AT
CORPUS CHRISTI INTERNATIONAL AIRPORT, NEEDED FOR EXPAN-
SION OF THE AIRPORT, IN THE AMOUNT OF $578,772, ALL AS
MORE FULLY SET FORTH IN THE GRANT AGREEMENT, CONTRACT
NO. DOT- FA -76SW -8100, PROJECT NO. 6 -48- 0051 -05, A SUB-
STANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND
MADE A PART HEREOF, MARKED EXHIBIT "A "; AND DECLARING
AN EMERGENCY.
WHEREAS, the City of Corpus Christi, Texas, has submitted a
Project Application dated September 8, 1976, to the Federal Aviation
Administration requesting Federal participation in the amount of $520,895
for improvements at the Corpus Christi International Airport; and
WHEREAS, the Federal Aviation Administration has issued a Grant
Offer which provides a commitment of Federal funds in the amount of
$520,895 for the aforementioned development; and
WHEREAS, it is determined to be in the interest of the City of
Corpus Christi that the Grant Offer be accepted by the City:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Council of the City of Corpus Christi
does hereby accept the provisions of the Grant Offer for Project No.6 -48- 0051 -05,
a substantial copy of which Grant Offer is attached hereto and incorporated
herein by reference, marked Exhibit "A ".
SECTION 2. That the City Manager of the City of Corpus Christi is
hereby authorized and directed to execute the Grant Agreement for and on
behalf of the City of Corpus Christi.
SECTION 3. The necessity to accept the aforesaid Grant Offer and
to execute the Grant Agreement at the earliest practicable date creates
a public emergency and an imperative public necessity requiring the suspension
of the Charter rule that no ordinance or resolution shall be passed finally
on the date of its introduction but that such ordinance or resolution shall
be read at three several meetings of the City Council, and the Mayor having
declared such emergency and necessity to exist, and having requested the
MICROFILMED
13428 'JUN 3 01980
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
o2�day of September, 1976.
ATTEST:
qty &ry
tai ty Secret y
APPROVED:
0 DAY OF SEPTEMBER, 1976:
J. BRUCE AYCOCK, City Attorney
By I �(
Assistant City 'Attorney
(:2'� S'�24Z
YO
THE CITY OF CORPUS HHRISTI, TEXAS
7Z/ x
i,
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
Page I of 4 pages
GALAI3 8 AGREEMENT
Part I -Offer
Date of Offer
Corpus Christi International Airport
Project No. 6 -48- 0051 -05
Contract No. DOT- FA -76SW -8101}
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
September 8, 1976 , for a grant of Federal funds for a project for develop-
ment of the Corpus Christi International Airport (herein called
the "Airport "), together with plans and specifications for such project, which Project Application,
as approved by the FAA is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for development of the Airport (herein called the
"Project") consisting of the following - described airport development:
Acquire land, fee simple title to Parcels A, B, C, 2, 3, 4 and 5, 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;
F.. FORM 5100.13 PG I (1P]f) SUPE RSEOE$ FAA FORM f632 PG. 1 �/ 11"q �
PAGE 1
i
Page 3 of 4 pages
5. The Sponsor shall operate and maintain the Airport as provided in the
Application for Federal Assistance incorporated herein and specifically
covenants and agrees, in accordance with its Assurance 20 in Part V of
said Application for Federal Assistance that in its operation and the
operation of all facilities thereof, neither it nor any person or
organization occupying space or facilities thereon will discriminate
against any person or class of persons by reason of race, color, creed
or national origin in the use of any.of the facilities provided for the
public on the Airport.
6. The FAA reserves the right to amend or withdraw this Offer at any time
prior to its acceptance by the Sponsor.
7. This Offer shall expire and the United States shall not be obligated to
pay any part of the costs of the Project unless this Offer has been
accepted by the Sponsor on or before September 30, 1976
or such subsequent date as may be prescribed in writing by the FAA.
8. It is understood and agreed that the Sponsor will provide for FAA
employees adequate parking accommodations satisfactory to the
Administrator at all FAA technical facilities located on the Airport.
It is further understood and agreed that Sponsor will provide, without
cost, adequate land for the purpose of parking all official vehicles
of the FAA (government and privately owned when.used for FAA business)
necessary for the maintenance and operation of the FAA facilities on
the Airport. Such land shall be adjacent to the facilities served.
9. The Sponsor will send a copy of all invitations for bids, advertised or
negotiated, for concessions or other businesses at the Airport to the
appropriate Office of Minority Business Enterprise (OMBE) representative
as identifies by the FAA Regional Civil Rights Office. The Sponsor will
disclose and make information about the contracts, contracting procedures
and requirements available to the designated OMBE representative and
minority firms on the same basis that such information is disclosed and
made available to other organizations or firms. Responses by minority
firms to invitations for bids shall be treated in the same manner as all
other responses to the invitations for bids.
Compliance with the preceding paragraph will be deemed to constitute
compliance by the Sponsor with the requirements of 49 CFR 21 Appen-
dix C(a)(1)(x), Regulations of the Office of the Secretary of
Transportation.
10. It is understood and agreed that the term "Project Application"
wherever it appears in this Agreement, in Specifications or other
documents constituting a part of this Agreement shall be deemed to
mean the "Application. for Federal Assistance ".
SUPPLEMENT - FAA Form 5100 -13 - Page 3 (ASWRO 3- 19 -75)
l
Y-
Page 3a of 4 pages
11. The Airport development in this project will be that hereinabove set out
and will be carried out as more particularly described on the property
map attached -to the Application for Federal Assistance attached hereto
and made a part hereof.
12. 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; further, that failure
to so comply may result in suspension, cancellation or termination of
Federal assistance under the Agreement.
13. It is understood and agreed that the Sponsor's Assurances regarding
non- discrimination attached to the Application for Federal Assistance
are hereby incorporated into this Grant Agreement.
14. The Federal Government does not now plan or contemplate the construction
of any structures pursuant to paragraph 27, of Part V Assurances of the
Application for Federal Assistance attached hereto, and, therefore, it is
understood and agreed that the Sponsor is under no obligation to furnish
any areas or rights without cost to the Federal Government under this -
Grant Agreement.. However, nothing contained herein shall be construed as
altering or changing the rights of the United States and /or the obligations
of the Sponsor under prior Grant Agreements to furnish rent -free space
and/or cost -free areas for the activities specified in such agreements.
15. .Assurance Number 18 of Part V of the project application incorporated
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
Page 4 of 4 pages
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as herein-
after provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by
the Airport and Airway Development Act of 1970, constituting the obligations and rights of the
United States and the Sponsor with respect to the accomplishment of the Project and the operation
and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's
acceptance of this Offer and shall remain in full force and effect throughout the useful life of the
facilities developed under the Project but in any event not to exceed twenty years from the date
of said acceptance.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
By Chief, Houston Airports District Office
.... ..................
(TITLE)
Part II- Acceptance
The City of Corpus Christi- Texas 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......
City. of Corpus.Christi.,Texas,,,.,
(Name of Sponsor)
(SEAL) . - By ............ .........:.....................
Title............ ...............................
Attest: ..................
Title: ............
CERTIFICATE OF SPONSOR'S ATTORNEY
1 ..... .............•••................ acting as Attorney for The City of Corpus Christi, Texas
......................
(herein referred to as the "Sponsor ") do hereby certify:
That I have examined the foregoing Grant Agreement and the proceedings taken by said
Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly auth-
orized and that the execution thereof is in all respects due and proper and in accordance with the
laws-of the State of....... Texas ............ , , ... , , and further that, in my opinion, said Grant
Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms
thereof.
Datedat ............. .................this.......... day of............................ ]9....,
................................ I........
Title..... ...............................
FAA FORM 5100 -13 PG 4410.711 SUPERSEDES FAA FORM 1632 PG 4 PAGE 4
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Exhibit "A"
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CORPUS CHRISTI, TEXAS
I DAY OF
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY,
MAYO
THE CITY OF C R 3 Z TI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY Ty{ FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED BY
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GAGE LOZANO, SR.
EDWARD L. SAMPLE
VOTE: