HomeMy WebLinkAboutReso 1974-7554RESOLUTION NO. 7554
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CiiULA
VISTA APPROVING AND AGREEING TO THE STATEr"SENT OF
ASSURANCES ON BEHALF OF THE CITY OF CHULA VISTA FOR
NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF
TFiE DEPARTMENT OF TRANSPORTATION
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, Title VI of the Civil Rights Act of 1964 provi es
that each federal department and agency shall take action to end in-
crimination in all programs of activities receiving federal finan ial
assistance in any form, and
WHEREAS, the states were required to develop and implem nt
appropriate guidelines to assure full compliance with Title VI re
quirements by June 1, 1974 and the California Department of Trans
portation (CALTRANS) developed the Civil Rights Implementation Pl n
in order to comply with the Title VI requirements, and
WHEREAS, the Implementation Plan requires from all loca
governmental units which receive federal highway funds a Statemen
of Assurances relating to nondiscrimination which must be signed
before any federal funds can be allocated for a project after
October 1, 1974.
NOW, THEREFORE, BE IT RESOLVED by the City Council of t e
City of Chula Vista that the Mayor of the City of Chula Vista be,
and he is hereby authorized to sign said Statement of Assurances,
attached hereto and incorporated herein by reference as if set fo th
in full.
Presented by Approved as to form;b~y
~ ` ~ /~
~-., ~-~
,s /' . ~,~
~~ e,~.,.,A,' .+' ,ems ~r `'i
~ ~ y
L e Cole, Director of Public George D. Lindberg, City Att
Works
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY 0 CHULA
VISTA, CALIFORNIA, this 10th day of December , 1974 , by
the following vote, to-wit:
AYES• Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott
NAYES: Councilmen None
ABSENT: Councilmen None
1
ATTES ~~ ~ ~ , ~/~ ~~
~~~~~~-C i ty C e r
~.:.',,
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
ayor o the City of C ula Vin
I ~ , City Clerk of the City
Chula Vista, California, DO HEREBY CERTIFY that the above is a ft
true and correct copy of Resolution No. , and that the same
not been amended or repealed. DATED
er
of
X11,
has
City
County of San Diego Assurances
City of Chula Vista Assurances
The (County of San Diego , City of Chula Vista )~
(hereinafter referred to as the "Recipient" HERESY AG?~F,ES
THAT as a condition to receiving any Federal financ~.al ass'st-
ance from the California Department of Transportation, act'ng
for the U. S. Department of Transportation, it will comply
with Title VI of the Civil Rights Act of 1964, 7$ 5t~t. 25 ,
42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred t as
the Act), and all requirements imposed by or pursuant to Title
49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office o.f the Secretary, Part 21, Nondiscrimin tion
in Federally-Assisted Programs of the Department of Trans rtation -
Effectuation of Title VI of the Civil Rights Act of 1964 ~ erein-
after referred to as the Regulations), the Federal-aid Hig way
Act of 1973, and other pertinent directives, to the end that in
accordance with the Act, regulations,and other pertinent direc-
tives, no person in the United States shall, on the grounds of
race, color, sex or national origin, be excluded from partici-
pation in, be denied the benefits of, or be otherwwise subjected
to discrimination under any program or activity for which the
Recipient receives Federal financial assistance from the ederal
Department of Transportation, HEREBY GIVES ASSURANCE THAT it
will promptly take any measures necessary to effectuate t is
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 Recipient hereby gives the following speci is
assurances with respert to its Federal-aid Program:
1. That the Recipient agrees that each "program" an
each "facility" as defined in subsections 21.23 (e) and 21.23 (b)
of the Regulations, will be (with regard to a " rogram") on-
ducted, or will be (with regard to a "facility"~ operated in
compliance with all requirements imposed by, or pursuant o,
the Regulations. '
2. That the Recipient shall insert the following no ifi-
cation in all solicitations for bids for work or material
i - ~ ~,~ - - _-. y ~
subject to the Regulations made in connection with the Fed ral-
aid Program and, in adapted form in all proposals for nego fated
agreements:
The (County of San Dieao , City of Chula or
other approved contracting authority) here-note ies all
bidders that it will affirmatively insure that in any con-
tract entered into pursuant to this advertisement, mi ority
business enterprises will be afforded full opportunit to
submit bids in response to this invitation and rill n t be
discriminated against on the grounds of race, color, ex
or national origin in consideration for an award.
3• That the Recipient shall insert the clauses of Ap endix
A of this assurance in every contract subject to the Act a d the
Regulations.
4. That the clauses of Appendix B of this assurance hall
be included as a covenant running with the land, in any de d
from the united States effecting a transfer of real proper y,
structures, or improvements thereon, or interest therein.
5. That where the Recipient receives Federal financi 1
assistance to construct a facility, or part of a facility, the
assurance shall extend to the entire facility and faciliti s
operated in connection therewith.
6. That where the Recipient receives Federal financi 1
assistance in the form, or for the acquisition of real pro erty
or an interest in real property, the assurance shall exten to
rightsto space on, over or under such property.
7. That the Recipient shall include the appropriate
clauses set forth in Appendix C of this assurance, as a
covenant running with the land, in any future deeds, lease
permits, licenses, and similar a reements entered into by t
Recipient with other parties: ~a) for the subsequent tran
of real propert acquired or improved under the Federal-ai
Program; and (b~ for the construction or use of or access
space on, over, or under real property acquired, or improv
under the Federal-aid Program.
~. That this assurance obligates the Recipient for tl
period during which Federal financial assistance is extend
to the program, except where 'the Federal financial assista;
is to provide, or is in the form of, personal property, or
property or interest therein or structures or improvements
thereon, in which case the assurance obligates the Recipie~
-2
e
fer
0
d
e
d
ce
real
~t
%/
or any transferee for the longer of the following periods
(a) the period during which the property is used for a p pose
for which the Federal financial assistance is extended, o for
another purpose involving the provision of similar servic s
or benefits; or (b) the period during t~~hich the Recipient
retains ownership or possession of the property.
9. The Recipient shall provide for such methods of
administration for the program as are found by the U. S.
Secretary of Transportation, or the official to whom he
delegates specific authority, to give reasonable guarante
that it, other recipients, subgrantees, contractors, sub-
contractors, transferees, successors in interest, and oth r
participants of Federal financial assistance under such p ogram
will comply with all requirements imposed by, or pursuant to,
the Act, the Regulations and this assurance.
10. The Recipient agrees that the United States and he
State of California have a right to seek judicial enforce ent
with regard to any matter arising under the Act, the Regu ations,
and this assurance.
THIS ASSURANCE is given in consideration of and fo^ the pi
of obtaining any and all Federal grants, loans, contracts
property, discounts or other Federal financial assistance
extended after the date hereof to the Recipient by the
California Department of Transportation, acting for the U
Department of Transportation, and is binding on it, other
recipients, subgrantees, contractors, subcontractors, tray
successors in interest and other participants in the Feder
Highway Program. The person or persons whose signatures
below are authorized to sign this assurance on behalf of
Recipient.
DATE December 10, 1974
Mayor
-3 -
pose
S.
~sferees,
'al-aid
appear
.he
i
~~
defeating or substatrttlally impairing rho
• accotnpllshment of the objectives of rite
Act or this part.
(4) As use: c; !n this section the scrv-
lces, Ilnancia! aid. or other b^nctits pro-
vided under a pro^rarcl rcccivinG I•'edcral
financial assistance include any service.
?inanclal aid, or other benefit provided
1n or through a facility Provided with
,the aid of Federal financial asistance.
(5) The cnttnlcration of st,ccli;c forms
of .prolubitcd d.cnrninaUon in lhis
DaraCraph does trot limit the gettj;raltty
of rite prohibition in paragraph <a) of
this section.
(6) Examples demonstrating the ap-
plication of the provisions of this section
to certain programs of the I:cpartrucnt
of Trsrtsportation arc contained in Ap-
pcndlx C of this part.
<7) Z'hls part does not prohibit the
Cort_slderatton of race, color, or national
origin if the pu.rosc and effect arc t,O
renoove or overcome the consequences of
practices orunpeclin:ents tviuch hRwe IP.-
6tricted the availability of. or participa-
tion irt, the program or activity reccivin~
Federal ~ financial assistance, on the
grounds of race. color, or t:a::onal on^in.
Where previous discriminatory practice
or usage tends, on rile grounds of race,
Color or national on^in, to e~ctude indi-
tlduals from participation in, to deny
them the benefits of, or to subject them
to discrimutation urdcr and pro_rram or
tatetit9ty to which t!:is part applies, the
applicant or recipient has an ob]i^ation
to ta;;e reasonable action to remal-e or
overcome trc consequences of the Prior
dlset:minnto:y practice or usage, and to
accomplish the pui•pcses of the Act.
(c) Employment practices:
(1) \Vhere a primary o'oje^tive of a
pmoram of Fedet;:l financial Assistance.
to tehich this part an?lies is to provide
employment, a reci~:eni or other perry
subject to this p^rt sh^'.1 not. directly or
thro•.:ah contractual or nth^r arr,n~ e-
ments, subject a person to discritnina-
t[on on tae orourld of race, colot•, or
patio:rai origin iu :!- emp:oy-rn2nt P:•ac-
tlcES under such prorant (including re-
cntitrnent or recculcntent advertising,
hitia3. firm„ upSradin,. pra:aotio:t, d^-
motion, transfer, 1~yotY, ternlination,
rates of pay or other forms of coctpensa-
tton or benefits, sclcctl~n :or tralnin~ or
apprent!ccship, use of facilities. and
trcatrtcat of ea:plo~•ces). Such rcci~ierrt
shall raise afIirnt^tiwc action to insure
that ap, licants art cm~l,,;•cd, and em-
plo;;ees are treated duri:t~ cu:piovment,
without rcard to their :ace, color, er
national origin. Tile refit:ircments ap-
plicab:e to construction employment un-
der any such pro^ram shall be those
spccif:cd in or putsucttt to Fart I:I of
F.xtcutlvc Oiler 11 ;G or any Esc.utivc
order which sus>crecclrs it.
l2) b'rclerai tin: ncia! assistance to
lrro;:rants under la:~:s funded or admin-
t~trrcd by the i)c•;>artmcnt tivhich have
n•~ a Primary oblcctivc the provuiut, of
em, :~priicnt ulctucle Utosc set forth in
APl~crldtx I3 t0 this pact.
c~' t'~hcre n l,rin:lty obinalve of the
p'c:!ctai financial a"istance is not to
prov.c:c c:ri;>loyrnrr,t. but di,criniinntiou
on tl.c grounds of race, color, or national
. RULES AND P.EGULATIOtvS
origin in the cmploy-nunt practices of
the recipient or other persons subject t,o
the rc,^,ulation tends; on t!!~ mounds of
race, color, ar national o: i;in. to exclude
individuals from p~nc~i;,ation !n, to
deny than the bcuMits of, or to subject
then to discrimination under any pro-
gratn to witlch this rc,utation applies,
the provisions of sub;~.irm;raph (1) of
this paragraph shall aP;~Iy to the em-
ployment praetlccs of rile reeiplent or
other persons sub)cct to the rc;utatlon,
to the extent accessary to assure equal-
ity of opportunity t.o, and nondiscrimina-
tory Lreattuent of, bc::e::ciarics.
(d> A roclpicnt Wray not make a selec-
tion of a site or ]ocaticn of a facility if
the purpose of that srl~ction, or its etIect
when made, is to cox:ode individuals
from participation ill, to deny them the
benefits of, or to subject ther:a to dis-
critninatlan under any pro;rasrl or ac-
tivity to v:hich this rule npalics, on the
grounds of race, color, or national
origin; or if the purpose is to, or its etIcct
t;•hen made n•ill, substantially impair the
accomplishment of the objectives of this
parr,
§ .^.1.7 _lastcrartces rcruired.
(a> Central. (1) E:e^y application for
Federal fitancial assistance to carry out
a program to ~cilic!t this part applies,
except a program to v: hiclt paragraph
(b) of this section a~~~i!es, and every ap-
plication for Fedet•at f ~; racial assistance
to p:•ovlde a facility shall, a:, a co^,ditton
to its approval and t^~ extetaion of any
Federal fulanclal ass!stat:cc pursuant
to the application, cent^.ia or be accom-
panied by, art assurt.nce that the pro-
pram wilt be conducted or rite facility op-
crated in com;,llance T•ith alt rtqulre-
ments imposed by or pU!'Sa3llt to this
part. Every program o[ Fe:ieral ;laatt-
cial assistance shall re~ttire the sub:r:is-
sicn of such an assuranec. In the case
where the Federal fit:ant:al assistatce
is to provide or is in the form of personal
property, or real property or interest
therein or structures t!l~reon, the assur-
ance shall obli;at: the reci;.:cnt, or, in
the case of a subsequent transfer, Lhe
transferee, for the period durin, ~•hlch
the pro~et•cy 1s used for a purpose for
tvh:ch the Federal ftncncia2 assistNres is ~
extended or for anot:cr purpose involy-
ing the provision cf s'.:r:ilar scrrices or
benefits, or for as load as rise recip!crt
retains ownership or possession of the
proPcrt;•, ~: hither^r is long cr. In all
otter cases the assura^.ce shall obligate
the rccinient far the aericd during which
Federal financial assistance is extendca
to the Pro~r m. In t^c cese where the
assistance fs sought for the construction
of a facility oc hart of ;. facility, the as-
surance ail^I1 its a:tr e•:c:it extend to rite
entire facility and to facilities operatrd
in connection thereu:~h. The Sccrct:u•y
shall s?telly the fo:m of rite forc~oirlo
assurances for each pro.^, ram, and the
extent to Lchich Jl;:e assurances hill be
rcqull•ed of sub~ran:ccs, contractors and
subcontractors, tr:ulsicrecs, succca,ors in
Interest, and other participants in the
program. !1ny such •a:,urancc &hall itl-
ciuc:u provisions whlcit give the Uaitcd
States a t:t;ht to scc•k Its Judicial
c.a to rccuu n t.
I003i
(2) In the caso µ• ere Federal flnan-
clal assistance 1s pr vided In the form
of a transfer of teal roperty, structures,
or improvements t croon, or Interest
therein, from the F'cderal Goccrnmrnt,
the fnstrumcnt effect ; or recording the
transfer sF.all con tai a covenant run-
ning with the land as urina nondiscrim-
ination for the pcrio durln which the
real property !s used !or a purpose for
wwhich the b'ccteral fin racial assistance fs
extended or for anon er purpose Involy-
1ng the provision of imllRr scn•:ccs or
benefits. \Vhere no t arsfcr of property
or Interest tttcrcin fro the Federal Gov-
ernment 1s involved, ut property is ac-
quired or Improved a der a program of
Federal financial ass -lance, t1:e recip-
ient shall agree to i elude such cove-
nant in any subseque t transfer of such
property. When the p operty is obtained
from the Federal owernmeut, such
covenant may also it elude a condition
coupled v:ith a ri,^,ht t be reserved by the
I~cpartment to rcver title to the prop-
erty In tha event of a reach of the cowe-
nant where, in the discretion of the
Secretary, such a con ition and right of
reverter is ttpproprla a to the program
under lvhlch the re 1 property is ob-
talnedand to the natu e of the grant and
the grantee. In such event It a trans-
feree of real property proposes to mort-
ga~e or otherwise e cumber the real
property ns security or financin, con-
struction o! ne:t•, or i proven:ent of ex-
isting, facilities on uch property for
the purposes for ethic the pro;>^rty «.•u
transt2rrcd, the Sec etar,~ may a;ree,
upon rc ;ucst of the trrsferce and li
t:ecessary to acco^tp isle such P.nanc-
ittg, and upon such conditions as he
cleans appropriate, to subordinate such
right of reversial to the Jlrn o.' such
mort;aye or othe:• en unibrance.
(b) Continuing .Sir e proorntrs. F:vei•y
applicat[on by a State or a State a^ency
to carry out a pros m involving con-
tinu:nC Federal itra cial assistance to
which this part appl es tincl::ui.^.g the
Programs listed In A Perdix ..4 to this
part) shall as a condition to its approval
and the extcns:on of ray Federal finan-
cial assistance parson t to the .,^.pplica-
tion (1) contain orb accomlrar:cd by
a statement that th program is for,
in the case of a nevi pro~ra:n, v: ill be-
conducted in co:npli ace wit!t all re-
~uirements imucsed v or pursuant to
this part. and (~) pro •id~ or be acc•.m-
panicd by provision or such methods
of administration for cite proe:am as
are found by th^ ccretsty to give
reasonable guarantee hat the ap;~ticnnt
r+.nd all recipients of Fcdcral P.tutttcial
assistance under such ro;rani wt'.1 com-
ply frith all rcquircl,le is >inl>osed by or
pursuant to tats part.
j_1.9 Coutpli::u.einur:u:tti~~n,
(a) Cooperation an
Fccrctary shall to t
;,racticable sccl: the c
~ipients in obtaining
this p.^.rt and shall I
and ¢uidance to rccip:
:otnply voluntarily wi
tb) Contpliartcc rc?~
cat shall ke:c;) such rt
:o the St:crctary lino
! assisfarrcc. The
e ful!c.:t c::tcnt
,opcr lion of re-
cotvtphance with
Ct)l'ldC ati15ta11CC
rats to hc!p th.m
~. arts part.
arts. Each rocip-
:ords ;tad submit
y, co:uplctc, and
FEDERAL REGISTER, VOt. JS, NO. 1111-THURSDAY, JUNE 1 Q, 1970
~~.
\~..i
APPENDIX 11
During the performance of this contract, the contractor, for
itself:, its assignees and successors in interest (herein fter
Referred to as the "contrractor") agrees as follows:
- (]_} Compliance with Rec;ulati_ons: The contractor s
comply-with tr« k~gulations relat_ivc to nondiscriminatio
Federally-assisted programs of the Department of Transpo
Titles 49, Code of Federal Regulations, Part 21, as they
be amended frcm time to time, (hereinafter referred to a
Regulations) , ~•:lli ch are ]Zerein incorporated by reference
made a part of this contract.
(2) Nondiscrimination: The contractor, t•~ith regar
the t•:or.k perfor:,:ed by it during the contract, shall not
discriminate on the grounds of race, color, or national
in the selection and retention of subcontractors, incluc
procurements of materials and leases of equipment. The
tractor shall not participate either directly or indirec
the discrimination prohibited by section 21.5 of the Rec
tions, including employment practices when the contract
a program set forth in Appendix B of the Regulations.
(3) Solicitations for Subcontracts, Sncludinq Proc
tnents of !Materials and Eaui:~mont: In all sol~.citaL?ons
by competitive bidding or negotiation made by the contra
for work to be performed under a subcontract, including
curements of :materials or leases of equipment, eacf~ pots
subcontractor or supplier shall be notified by the cort:
of the contractor's obligations under this contract and
Regulations relative to nondiscrimination on the ground;
race, color, or national origin.
(4) Information and Reports: The contractor steal
provide all information and reports required by the Reg
tions, or directives issued pursuant thereto, and shall
access to its bcoks, records, accounts, other sources o
rnation, and its facilities as may be determined by the
high~.~ay department on the Federal Highway Administratio
pertinent to ascertain compliance with such Regulations
directives. 4~iere any information required of a contra
is in the exclusive possession of another who fails or
to furnish this information, the contractor shall so ce
to the state highc•:ay departr:.ent, or the Federal Highway
tion as appr~p:iate, and shall set forth what efforts i
to obtain the information.
-5 -
X11
In
Cation,
ay
the
and
to
origin
ing
con-
tly in
ula-
covers
ure-
e itller
ctor
pro-
ntial
actor
th e
of
i
~la-
permit
f infor-
~tate
n to be
or
ctor
refuses
rtify
Administra
t has made
-~; -~ ;~
(5) Sanctions f_oY r?onco--;.fiance: In the event of the
contractor's nc::co:-.plianco with tilc nondi:~crini.naLicn ~r.ovi-
sions of this contract, the State high~:~ay departn:eht ~ Z~i11 iiac,o:;c
such contract sunc:.ions as it or the Federal Fiic~h~•;ay ~~ lr;~inistra-
L•ion may determine to he appropriate, including, but n t limited
to: .
(a) wit}ihold~ng of payrr.ents to the contractor un cr
the contract ~;ntil the contractor complies, and/o
(b) cancellation, termination or suspension of t~e
contract, .in whole or in part.
(6) Incor:^oYation of Prc~-isi.ons: The contractor
include the prov ~.s ions of paragraphs (1) through ( h) i
subcontract, including procurements of materials ~.nd 1
of eruipmcnt, unless exempt by the Regulations, ar dir
issued pursuant thereto. The contractor shall take su
wit11 respect to any subcontract or procurement as the
highway department or the Federal High~•:ay Administrati
direct as a means of enforcing such provisions includi
for non-compliance: Provided, ho~•:ever, that, in the ev
Contractor beco~:ns involved in, or is threatened with,
with a subcontractor cr supolier. as a result of such d
the contractor may request the State hiah~•~ay departmen
enter into such litigation to protect the interests of
and, in addition, the contractor ray request the Unite
to enter into such litigation to protect the interests
United States.
-6 -
shall
every
a5CS
dives
h action
tate
n may
g sanctions
nt a
litigation
rection,
to
the S fate,
States
of the
i
~.
j ,,,,
APPENDIX $
The folloc•:ing clauses shall be i.nc]_uded in any and all deeds
effecting or rccordi.ng the transfer of real property, ^tructurc.~
or impr_ovement~ thereon, or interest therein from the nitcd Stat
(GP.IINTII:G CLIIUSI•,)
NO77, TIII:REFORE, the Department of Transportation,
author.izcd by l.zw, and upon the condition that the sta
California, ~•:i.]_1 accept title to the lands and maintai
project COI1:~t.rl;CtCd thereon, in accord~-~nce :•,ith Titlo
States Coc]e, t]-,e Regulations for the fld:ainistratictz oz
Aid for Iiigh~::avs ar.d the policies and procedures nresc
the Federal Iiigh~•:ay 11c]ministr.ation of the Department o
portation and, also in accordance a:ith and in comol.ian
regiiir_e;,;ents irtnosed by or pursuant to Title 49, Coc]e
hegulations, De:~artment of Transportation, Subti t1c :~,
of the Secretary, Part 21, Nondiscrimination in Federa
assisted programs of the Department of ~l'ransportation
referred to as the Regulations) pertaining to and ef~c~
the provisions of Title VI of the Civil Rights Act oz
(78 Stat. 252; 42 U.S.C. 2000d to 2000ci-~), does hereb~
release, quitclaim and convey unto the State of Califo:
all t}le right, title and interest of the Department of
portation in and to said lands described in Exhibit "A'
hereto and made a part hereof.
(HABEA'DUA1 CLAUSE)
TO HAVE AND TO HOLD said lands and interests them
State of California, and its successors forever, subje~
however, to the covenant, conditions, restrictions and
reservations herein contained as follows, which will r<
effect for the period during which the real property oI
are used for a purpose for <<~hich Federal financial ass:
extended or for another purpose involving the nrovisiol
similar services or benefits and shall be binding on t}
of California, its successors and assigns.
-7 -
as
`~ c o f
i the '
? 3 , t1n i ted
Fcdcl: a 1
'ibed ley
Z'r.ans-
:e ~~:ith all
if Fcdcral
Office
_ly-
;hcreinafter
~tuating
.96~
remise,
'Ilia
Trans-
attached
yin unto the
't.
main in
structures
stance is
of
e State
._,/
The State of California, in consideration o£ the convc
of said lands and interests in lands, does tierehy cove
agree as a covenant running with the land for itself,
successors and assigns, that (1) no person shall on t}-
of race, color, or national origin, be excluded from F
pation in, he denied the benefits of, or he othert~rise
to discrimination ~ti~ith regard '-o any facility located
or in part on, over or. under such lands hereby conveye
Lan~%~ (2) t11at the State of C~ilifornia, shall use the
and interests in lands so conveyed, in compliance with
requirements imposed by or pursuant to Title 49, Code
Itegu}.ations, Department of Transportation, Subtitle A,
of the Secretary, Part 21, Nondiscrimination in Fedora
assisted programs or the Depart,,,ent of Transportation
ttlation of Title VI of the Civil Rights Act of 19G4, a
Itegu7.ations may be amended 1,~ and (3) that in the ev~
breach of any of the above-mentioned nondiscrimination
the nepartment shall have a right to re-enter said lane
faci.li.ties on said Land, and the above described land
facilities shall thereon revert to and vest in and becc
absolute property of the Department of Transportation
assigns as such interest existed prior to this deed.*
'~ Reverter clause and related language
is determined that such a clause is
effectuate the purposes of Title VI
Act of 1964.
-8-
to be used only
necessary in ord
of the Civil Rig
yance
nanL- and
its
c grounds
artici-
subjccted
.ihol.lY
r,~
sands
all
~f I'cdcral
Offic.c
Lly-
Effec-
ld a5 Solid
ant of
conditions,
is and
end
Mme the
end its
when it
lr to
-ts
7.
71PP~NT~IX C
be used only
necessary in
the Civil Rig',
The foll.o~~~ing clauses shall be included in all deeds,
leases, permits, or similar instrumcnts•entcred into b~
State of California, pursuant to the provisions of A~s~
The (gr~ntce, licensee, lessee, permittee, etc., as ap
for hi_rnself, his heirs, personal r.epresr_n`atives, ~ucc
in interest, an~.3 assigns, as a part of the considerati
does hereby coy;er.ant and agree ~ n the case of deeds a
add "as a covenant running ~•;ith the Land" that in the
facilities arc constructed, maintained, or otherwise o
on the said proa~arty described in this (decd, license,
permit, etc.) for a purpose for ~•:~1icil a Department of '
portation program or activity is e:{tended or for anoth~
involving the provision of similar services or benefit:
(grantee, license, lessee, permittee, etc.,) shall ma.
operate such facilities and services in compliance witl
other requirements imposed pursuant to Title 49, Codc ~
Regulations, Department of Transportation, Subtitle A,
of the Secretary, Part 21, Nondiscrimination in Feder.a:
assisted programs of the Department of Transportation -
tion of Title VI of the Civil Rights Act of 1964, and <
Regulations may be amended.
~nclude in licenses, leases, permits, etc*
That in the event of breach of any of the above nondis
covenants, the State of California, shall have the rig
terminate the license, lease, permit, etc.7 and to re
repossess said 1ar.d and the facilities thereon, and ho
same as if said,~license, lease, permit, etc had nev
made or issued..
~nclude in deed~*
That in the event of breach of any of the above nondisc
covenants, the State of California, shall have the rig}z
re-enter said 1an~s and facilities thereon, and the abo
lands and facilities shall thereupon revert to and vest
become t}te absolute property of the State of California
assigns.
* Reverter clause and related language to
it is deter,~rined that such a clause is
eficctuate t}~e purposes of Title VI of
of 1964.
-9 -
.iccn~es,
the
;ranee G (a) .
>ropriatc)
~sor
>n }ICrco f.,
~d leases
event
~cr_atcd
lease,
'r~zns-
r purpose
the
Izt~zin and
all
f 2'c~deral
Office
ly-
Ef fectua--
s said
rimination
t to
enter and
d the
r been
iminati_on
to
e de~~ cr ibed
in and
and its
when
order to
Its Act
f----
' ~ f~_ j
~.
4The following shall be included in all deeds
Li
c
-
,
c
nse~
pent~its, or similar agreements entered into by t}ic s l~`f''cs,
ta
California, pursuant to the provisions of Rsurance G( tc
b). •
T}ie (grantee, licensee, lessee, permittce
etc
as
,
,,
ap
for himself, his personal representatives proc~riate)
, successors
and assigns, as a part of the consideration hereof
d in interest
,
o
covenant and agree (in the case of deeds
and le s herc'Jy
"
,
ases a
a covenant running ~:~ith the land") that (1) no d
r
person
yround of race, color, or national origin shall be n the
e;:c
from participation in, denied the benefits of
or be udccl
h
,
o
subjected to discrimination in the use of said facil.it crwi.:;e
'c;;
(2)
that in the construction of any i:npr_ove:,ients on, aver
such land and the furnishing of servi ,
r under
ces thereon, no p
on the ground of race, color, or national origin shall r.son
be
excluded from participation in, denied ~11e benefits of
otherwise he subjected to discriminaticn, (3) that the or
(grantee
licensee, lessee, permittee, etc.) shall use the premi
compliance with all other
i ,
es in
requ
rements imposed by or p
to Title ~9, Cod` of Federal Regulaticns, Denartrnent rsuant
- T
o
portation, Subtitle A, Office of the Secretary
Part 2 rans-
N
,
discrimination in Federally-assisted programs of the D
f T on-
partment
o
ransportation - Effectuation of Title VI of the Ci
Act of 1964
a
d
i it Rights
,
n
as sa
d Regulations may be amended.
~nclude in licenses, leases, permits, ctc~*
That in the event of breach of any of the above nondis rimination
covenants, the State of California shall have the riyh t:o
terminate the ~icense, lease, permit, et~ and to re- nter and
repossess said land and the facilities thereon, and hol d the
same as if said,~license, lease, permit, etc had neve r been
made or issued.
~nclude in deed~~ i
That in the event of breach of any of the above nondisc irlination
covenants, the State of California, shall have the righ to
re-enter said land and facilities therecn, and the abov
l
d described
an
s and facilities shall thereupon revert to and vest
become the absol
t in and
u
e property of the State of California and its
assigns.
* Reverter clause and related language to be used only hen
it is cletcrrnined that such a clause is necessary in o der. to
effectuate the purposes of Title VI of the Civil Righ s 11ct
of 196.
i
1
-_----;
• ~~ ~,,