2012-011 RES AUTHORIZING/APPROVING EXECUTION OF AIRPORT PROJECT PARTICIPATION AGREEMENT WITH TXDOT TO APPLY FOR FEDERAL FUNDING FOR COX FIELD IMPROVEMENTS

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activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In additioq if the project is for noise compatibility prograin implementation, it will not cause or permit any change in land use, withir► its jwisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon wluch Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes ofaeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for fumishing services to the public at the airport, the sponsor will inseil and enforce provisions requiring the contractor to- 1) fumish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and 2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. C. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as aze uniformly applicable to all other fixed-based operators maldng the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport sha11 have the right to service itself or to use any fixed- based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, condirions, rates, fees, rentals, and other chatges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non tenants and signatory carriers and non signatory camers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from perfonning any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. In the event the sponsor itself exercises any ofthe rights and privileges referred to in this assw-ance, the services involved will be provided on the same conditions as would apply to the fwnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users ofthe airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation ofthe airport or necessary to serve the civil aviation needs ofthe public. Zi Exclusive Rights. It will permit no exclusive right for the use of the airport by 23 of 35