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<br />commonly known as a "through-the-fence operation," unless an exception IS <br />granted in writing by the State due to extreme circumstances; and <br /> <br />J. it will acquire all property interests identified as needed for the purposes of this <br />project and comply with all applicable state and federal laws, rules, regulations, <br />procedures, covenants and assurances required by the State of Texas or the FAA <br />in connection with the federal grant in the acquisition of such property interests; <br />and that airport property identified within the scope of this project and Attorney's <br />Certificate of Airport Property Interests shall be pledged to airport use and shall <br />not be removed from such use without prior written approval of the State; and <br /> <br />k. the Sponsor shall submit to the State annual statements of airport revenues and <br />expenses as requested; and <br /> <br />1. all fees collected for the use of an airport or navigational facility constructed with <br />funds provided under the program shall be reasonable and nondiscriminatory; The <br />proceeds of such fees shall be used solely for the development, operation and <br />maintenance of the Sponsor's system of airport(s) or navigational facility(ites). <br />Sponsor shall not be required to pledge income receivea from the mineral estate to <br />airport use unless state and/or federal funds were used to acquire the mineral estate <br />of airport lands or any interests therein; and <br /> <br />m. an Airport Fund shall be established by resolution, order or ordinance in the <br />treasury of the Sponsor, or evidence of the prior creation of an existing airport <br />fund or a properly executed copy of the resolution, order, or ordinance creating <br />such a fund shall be submitted to the State. Such fund may be an account within <br />another fund, but must be accounted for in such a manner that all revenues, <br />expenses, retained earnings, and balances in the account are discernible from other <br />types of moneys identified in the fund as a whole. All fees, charges, rents, and <br />money from any source derived from airport operations must be deposited in said <br />Airport Fund and shall not be diverted to the general revenue fund or any other <br />revenue fund of the Sponsor. All expenditures from the Airport Fund shall be <br />solely for airport or airport system purposes. Sponsor shall be ineligible for a <br />subsequent grant or loan by the State unless, prior to such subsequent approval of <br />a grant or loan, Sponsor has complied with the requirements of this subparagraph; <br />and <br /> <br />n. the Sponsor shall operate runway lighting at least at low intensity from sunset to <br />sunrise; and <br /> <br />o. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce <br />zoning regulations to restrict the height of structures and use ofland adjacent to or <br />in the immediate vicinity of the airport to heights and activities compatible with <br />normal airport operations as provided in Tex. Loc. Govt. Code Ann. ~~ 241.001 <br />et seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain aviation <br />easements or other property interests in or rights to use of land or airspace, unless <br />Sponsor can show that acquisition and retention of such interests will be <br />impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible <br /> <br />Page 5 of 27 <br />