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<br />k. <br /> <br />e <br /> <br />e <br /> <br />f. <br /> <br />I~'. ,\., , . <br />( , '( I . ..\.\ . \ . <br />, / f" I. ; ,\ \ <br />I I I 1 :::.. / \ ,.: <br />1.,\, ~~. \ j/ : j" i /" <br />.' I, I <br /> <br />it shall not permit non-aeronautical use of airport <br />facilities, unless noted on an approved Airport Layout <br />Plan, without prior approval of the State/FAA; and <br /> <br />g. <br /> <br />it shall not enter into any agreement nor permit any <br />aircraft to gain direct ground access to the Sponsor's <br />airport from private property adjacent to or in the <br />immediate area of the airport. Further, Sponsor shall <br />not allow aircraft direct ground access to private <br />property. Sponsor shall be subject to this prohibition, <br />commonly known as a "through-the-fence operation," unless <br />an exception is granted in writing by the state due to <br />extreme circumstances; and <br /> <br />h. <br /> <br />it will acquire all property interests identified as <br />needed for the purposes of this project and comply with <br />all applicable state and federal laws, rules, <br />regulations, procedures, covenants and assurances <br />required by the State of Texas or the FAA in connection <br />with the federal grant in the acquisition of such <br />property interests; and that airport property identified <br />within the scope of this project and Attorney's <br />Certificate of Airport Property Interests shall be <br />pledged to airport use and shall not be removed from such <br />use without prior written approval of the State; and <br /> <br />i. <br /> <br />the Sponsor shall submit to the State annual statements <br />of airport revenues and expenses as requested; and <br /> <br />j . <br /> <br />all fees collected for the use of an airport or <br />navigational fac~li ty constructed with funds provided <br />under the program shall be reasonable and <br />nondiscriminatory. The proceeds of such fees shall be <br />used solely for the development, operation and <br />maintenance of the Sponsor's system of airport (s) or <br />navigational facility(ites). Sponsor shall not be <br />required to pledge income received from the mineral <br />estate to airport use unless state and/or federal funds <br />were used to acquire the mineral estate of airport lands <br />or any interests therein; and <br /> <br />an Airport Fund shall be established by resolution, order <br />or ordinance in the treasury of the Sponsor, or evidence <br />of the prior creation of an existing airport fund or a <br />properly executed copy of the resolution, order, or <br />ordinance creating such a fund shall be submitted to the <br />State. Such fund may be an account within another fund, <br />but must be accounted for in such a manner that all <br />revenues, expenses, retained earnings, and balances in <br /> <br />Page 5 of 14 <br />