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HomeMy WebLinkAboutResolution - 062371A - Accepting Grant Offer & Declaring An Emergency - FAA - Airport - 06/23/1971FOS:ll in RESOLUTION ACCEPTING GRANT OFFER AND APPROVING AND ENTERING INTO GRANT AGREEMENT AND DECLARING AN EMERGENCY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1. THAT the City Council of the City of Lubbock, Texas, shall and they do hereby accept a Grant Offer of Federal funds as made by the Chief Airports District Office, Federal Aviation Administration, transmitted by letter dated June 18, 1971, for the purposes therein set out; that said City Council does hereby accept all the terms, conditions, and obligations therein and thereby im- posed and by their acceptance of same do hereby ratify the Project Application, and do hereby acknowledge such instruments as constituting a solemn and binding agreement with the United States Government, for the purpose of obtaining Federal aid in the development of the Lubbock Regional Airport, and that such agreement shall be as set forth hereinbelow. SECTION.2. THAT the Mayor of the City of Lubbock, Texas, is hereby authorized and directed to evidence said City's agreement by affixing his signature to such agreement which is hereby executed in quintuplicate, and the City Clerk is hereby authorized and directed to impress the official seal of the City of Lub- bock, Texas, thereon and to attest said execution. SECTION 3. THAT the Grant Offer referred to hereinabove shall be as s: .. FOS'1 SECTION 4. For the preservation of the public peace, health, and safety, an emergency is hereby declared to exist by reason whereof this Resolution shall be in full force from and after passage and approval, PASSED AND APPROVED by a majority vote Lubbock, Texas and approved by me this 23rd. ATTEST: Laveni Lowe, City cretary-Treasurer APPROVED AS TO FORM: Fred O. Senter„ Jr. City Attou46y CERTIFICATE Council of the City of , 1971. a I, Lavenia Lowe, the duly qualified and acting City Secretary of the City of Lubbock, Texas, do hereby certify that the attached from the minutes of the Regular meeting of the City Council of said City of Lubbock, Texas, held on Juno 23, 1971, is a true and correct copy of the original minutes of said meeting on file and of record insofar as said original minutes relate to the matters set forth in said attached extract, and I do further certify that a copy of the Resoluti4 appearing in said attached extract is a true and correct copy of such Resolution adopted at said meeting and on file and of record in my office. In testimony whereof, I have hereunto set my hand and seal of said City of Lubbock, Texas, this 23rd day of June, 1971. Lavenia .Lowe, City S cretary (SEAL) w � Page 1 ofi2 pages FEDERAL AVIATION AGENCY GRAM AGREEMENT Part 1 -Offer Date of Offer Project No. Contract No. TO: City of Lubbock, Teras (herein referred to as the "Sponsor") Lubbock Regional Airport 3-43-0133-01 DOT FA 71 V-1110 FROM: The United States of America (acting through the Federal Aviation Agency, herein re- A if ferred to as the "FAA") V WHEREAS, the Sponsor has submitted to the FAA a Project Application dated 14 May 1971 , for a grant of Federal funds for a project for develop- ment of the Lubbock Regional 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: Construct EAT taxiway, NIS taxic.•ay, exit taxiway for NIS runway, general aviation access taxivays; reconstruct Taxiway F frog apron to EA7 runway, Taxiway G, Taxiway C, and a portion of Taxiway A; appropriate marking of new and reconstructed tu:�:iways; light EA1 taxiway, Taxiway G, NIS taxiway, and a portion of Taxiways A, C, and F, and exit taxiviy for NIS runway; rehabilitate high intensity lighting system on NIS rummy; construct service road to general aviation area; construct 5 -bay crash -rescue equipment facility. all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; FM FORM 1632 (8-62) USE PREVIOUS EDITION PAGE 1 i4 f Page 2 of 12 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Federal Airport Act, as amended (49 U.S.C. 1101), and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application, and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and the operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AGENCY, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 50 per centum except for 82 per centum on HILL system renovation. This Offer is made on arid subject to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be $3,047,561. " - _.2. The Sponsor shall: (a) begin accomplishment of the Project within one hundred twenty (120) days after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of the United States hereunder by the FAA; (b) carry out and complete the Project without undue delay and in accordance with the .terms hereof, the Federal Airport Act, and Sections 151.45-151.55 of the Regulations of the Federal Aviation Agency (14 CFR 151) in effect as of the date of acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations"; (c) carry out and complete the Project in accordance with the plans and specifications and property map, incorporated herein, as they may be revised or modified with the approval of the FAA. 3. 1 The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 151.41 (b) of the Regula- tions. 4. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of Sections 151.57- 15 1.6 3 of the Regulations. Final determination as to the allowability of the costs of the project will be made at the time of the final grant payment pursuant to Section 151.63 of the Regulations: Provided, that, in the event a semi-final grant payment is made pursuant to Section 151.63 of the Regulations, final determination as to the allowability of those costs to which such semi- final payment relates will be made at the time of such semi-final payment. FAA FORM 1682 (6-68) DESTROY PREVIOUS EDITION - PAGE 2 E, 1 Page S of 12 pages 5. The Sponsor shall operate and maintain the Airport as Provided in the Project Applica- tion incorporated herein and specifically covenants and agrees, in accordance with its. Assurance 4 in Part III of said Project Application, that in its operation and the operation of all facilities thereof, neither it nor any person or organization occupying space or facili- ties 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 beforr- 30 June 1971 or such subsequent date as may be prescribed in writing by the FAA. 8. In addition the Sponsor shall: (a) Incorporate or cause to be incorporated in each contract for construction work under the project, or any modification thereof, the equal opportunity clause as set forth in Section 202 of Executive Order No. 11246 of 24 Septewber 1965, as revised by Executive Order ITo. 11375 of 13 October 1967, or such modification thereof as may be approved by the Secretary of Labor. (b) Incorporate or cause to be incorporated in each bid or proposal form submitted by prospective contractors for construction work under the project the provizions prescribed by Section 151.54(d)(1)0 Part 151, Federal Aviation Regulations. (c) Be bound by said equal opportunity clause in any construction work under the project which it performs itself other than through its own permanent work force directly employed or through the permanent work force directly employed by another agency of Government. (d) Cooperate actively with the MA and the Secretary of Lnbor in obtaining the compliance of contractors And subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor. (e) Furnish the FAA and the Secretary of Labor ouch information as they may require for the supervision of such compliance And will otherwise assist the Vat in the discharge of its primary responsibility for securing compliance. . MAA IrONM 10aA (0.08) VW0TnOV P'n6VIOUG EDITION PAGE 3 k Page 4 of 12 pages (f) Refrain from entering into any contract or contract modification• subject to Executive Order No. 11246 with a contractor debarred • from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to Part II, Subpart D of Executive Order No. 11246. (g) Carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the FAA and the Socretary of Labor pursuant to part 11, Subpart D of Executive Order No. 112+6; and in the event that the sponsor fails or refuses to comply with its undertakings, the FAA may cancel, terminate or suspend in whole or in part any contractual arrangement it may have with the sponsor, may refrain from extending any further assistance under any of its programs subject to Executive Order 11246 until satisfactory assurance of future compliance has been received from each applicant, or may refer the case to the Department of Justice for appropriate legal proceedings. (a) It is understood and agreed that the references to Part 15 of the Federal Aviation Regulations (14 CFR 15) as included in the Sponsor's Assurances of Nondiscrimination attached to the Project Application and incorporated herein by reference are hereby changed to Part 21 of the Regulations of the Office of the Secretary of Transportation (49 CFR 21) and sponsor agrees to carry out this project and operate the airport in compliance with all of the requirements imposed' 'pursuant to Part 21. It is further understood and agreed that, if requested, sponsor will resubmit its Assurance of Nondiscrim- ination in such form as may hereafter be approved by the Secretary of the Department -of Transportation. It is understood and agreed that the terms "Federal Aviation Agency" or "Federal Airport Act", vherever they appear in this agreement, in the project application, plans, and specifications or in any other document constituting a part of this agreement shall be deemed to mean "Federal Aviation Administration" or the "Airport and Airway DeveloFment Act of 1970", as the case may be. It is understood and agreed that subparagraphs a and b of paragraph 3 of Part III - Sponsor's Assurance of the Project Application - are amended and revised to delete the words "or Page 4 9• (g) Carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the FAA and the Socretary of Labor pursuant to part 11, Subpart D of Executive Order No. 112+6; and in the event that the sponsor fails or refuses to comply with its undertakings, the FAA may cancel, terminate or suspend in whole or in part any contractual arrangement it may have with the sponsor, may refrain from extending any further assistance under any of its programs subject to Executive Order 11246 until satisfactory assurance of future compliance has been received from each applicant, or may refer the case to the Department of Justice for appropriate legal proceedings. (a) It is understood and agreed that the references to Part 15 of the Federal Aviation Regulations (14 CFR 15) as included in the Sponsor's Assurances of Nondiscrimination attached to the Project Application and incorporated herein by reference are hereby changed to Part 21 of the Regulations of the Office of the Secretary of Transportation (49 CFR 21) and sponsor agrees to carry out this project and operate the airport in compliance with all of the requirements imposed' 'pursuant to Part 21. It is further understood and agreed that, if requested, sponsor will resubmit its Assurance of Nondiscrim- ination in such form as may hereafter be approved by the Secretary of the Department -of Transportation. It is understood and agreed that the terms "Federal Aviation Agency" or "Federal Airport Act", vherever they appear in this agreement, in the project application, plans, and specifications or in any other document constituting a part of this agreement shall be deemed to mean "Federal Aviation Administration" or the "Airport and Airway DeveloFment Act of 1970", as the case may be. It is understood and agreed that subparagraphs a and b of paragraph 3 of Part III - Sponsor's Assurance of the Project Application - are amended and revised to delete the words "or Page 4 Fage 5 of 12pagea 1 hereafter" wherever they appear therein. It is the intent of this amendment to limit the application of the exclusive rights policy only to airports now owned or controlled by the sponsor. (d) The sponsor agrees that it will maintain a fee and rental structure for the facilities and services being provided the �� airport users which will make the airport as self-sustaining as possible under -the circumstances existing at that particular airportp taking into account such factors no the volume of traffic and economy of collection.'. (e) It is further understood and agreed that paragraph 100 Part III of the project application is revised to read as follows: The sponsor will furnish the FAA with such annual or; special airport financial and operational reports $s, ;, may be reasonably requested, Such reports may be submitted on forms I•urnished by the FAA0 or may be submitted in such manner as the sponsor elects as long as the essential data is furnished. The air- port and all airport records and documents affecting the airports including deeds., leases' operation and use agreements9 regulations, and other instruments will be made available for inspection and audit by the FAA and the Comptroller General of the United Statesp or his duly authorized representative upon reasonable request. The sponsor will furnish to the FAA or the General Accounting Office a true copy of any such documents. (f) It is also understood and agreed that paragraph 2: Part III of the project application is revised to read as follows: The sponsor will operate the airport as such for the use and benefit of the public. In furtherance of this covenant: (but without limiting its general applicability and effect) the sponsor specifically agrees that it will keep the airport open to all types' kinds, and classes of aeronautical use on fair and reasonable terms without discrimination between such typesaki.nds9 and classes; provided, that the sponsor may establish such fairy equal and not unjustly discriminatory conditions to be net by all users of the airport; and provided further9 that the sponsor may prohibit or limit any given types kind or class of aeronautical use of the airport 1f such action is necescarys Page 5 page 6 Of 12 V-15ca (1) ror cafe and of icicaat use of the airport . (2) To keep operaw!ca act'_tvA�tiea within acceptable noise levelo., o, ' (3) To serve the civil aviation needs of the public. (�) It is understood and agreed that the sponsor will provide for FAIL employees adequate parltin,,, accommodations satiafractory to the Administrator at 'fall. ITA technical facilities located on the airport. .c :,t is furttler.• utsdcrstood and agreed that sponno7 ,ill provide., taithoUt cost., radcqutate land for the purpose of parkialg all. ofAic:al vehicles of the,FAA (government and privately otmed when imcd for a PJA busincoo) necerrary for tbo maintenance and opur aUon O^L the FAA faci.111. eo cn the nir- 1� ua Such lead nhnll be cA scent L® the Traci liti co nerveclo (h) It is understood and agreed thnt the terms "Administrator of the Federal Aviation Agency," "Administrator," or "Federal Aviation Agency" tiercvcr they appear in this Agreement, in the Project Application„ Plans and specifications, or othaT documents conotitutinr a pZrt of this Agreement shall be deemed to mer.n the Fcdernt Aviation A.dminintrator or the Federal Avint:icn A' emi.niot ratrion, ars the cdce may be. (i) The sponsor hereby covenants and agrees that it will not. advertise for bids, award nny contract or commence construction for any items of airport development to be accomplished under this project until it has submitted final plans and specifications satisfactory to the Administrator and such plans and specifications have been approved; and it is further understood that the United States will not make nor be obligated to make any payment for. such item of airport development under this Grant Agreement until the sponsor has submitted such plans and specifications and they have been approved as herein provided. The sponsor further covenants and agrees that it will submit said final plans and specifications to the Administrator on or before forty-five days from the date of this Grant Agreement. (j) It is understood and agreed that the attached Sponsor's Assurances of nondiscrimination in Federally assisted programs of the Federbl Aviation Agency, providing the assurances required by Title VI of the Civil Rights Act of 1964 and by Part 15 of'.the Federal Aviation Regulations as amended, e:cecuted for And on behalf of sponsor by Marvin W. Coffee, Director of Aviation, Lubbock, Texas under date of 14 May 1971 _ , nia hereby incorporated into this Grant Agreement. Page 6 Page 7 of 12 pages (k) Pursuant to Paragraph 9, Part III of the Project Application dated 14 May 1971, the sponsor hereby covenants and agrees to furnish the Federal Government without cost, within four months after written request therefor, such estates or interests in such lands or rights in buildings as are deemed necessary by FAA for the construction and operation on the airport of the structures or facilities.set forth below, provided the respective areas of land and/or buildings deemed adequate. by FAA for such purposes are available without the necessity for removing or relocatingotherfacilities and are within the geographic boundaries -of ' the airport at the time request therefor is made by the FAA; together with rights of ready access in and to.such areas or buildings for con strL[Cti.011, occupancy and use and the right.to.,Connect to existing utilities and to be furnished the utility services required to the extent of available capacity at no more than prevailing rates. .,The facilities.or structures involved and the maximum area of land, or rights in.buildings, the sponsor is obligated to furnish for each are as kollows: Air traffic control tower -,approximately two acres. It is further understood and agreed that nothing contained herein shall in any way'affect the rights of the United States or obligations of the sponsor under prior Grant 9. Agreements to furnish rent-free space for the activities specified in'such prior Agreements nor shall anything contained herein be construed as obligating the Federal Government to construct) occupy or operate a control tower or flight service station at the airport. (1) It is understood and agreed by the parties hereto that the sponsor will operate the airport -lighting to be installed under this project throughout each night of the year, or as otherwise approved.by,the Administrator. (m) It is understood and agreed by the,parties hereto that the Property Map, Exhibit A,,made.a-part of this Grant Agreement is the Property Map Exhibit A, May 1971 .:dated attached-to:the,Project Application. Page 7 r Page 8 of 12 pages (n) It is understood and agreed that current FAA criteria for crash -rescue equipment facilities are presently being revised. It is further understood and agreed that United States participation in the costs of the work item included in this project "construct 5 -bay crash -rescue equipment facility," will be limited to those costs determined by the Administrator to be eligible and allowabe under those forthcoming revised criteria. 10. Notwithstanding the provisions of Special Condition 8 hereof, it is understood and agreed that the sponsor will be bound by and take all action required by Appendix 1 attached hereto and made a part hereof for all purposes. It is further understood and agreed that the word "Sponsor" be substituted for the word "applicant" wherever it appears in Appendix 1. Page 8 r Page 9 of 12 pages APPENDIX 1 The applicant hereby agrees that it will incorporate or cause to be incor- porated into any contract for construction work, or modification thereof as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard 'to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer;.recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 1. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of 24 September 1965, as revised by Executive Order 11375 of 13 October 19670 and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order of 24 September 19659 as revised by Executive Order 11375 of 13 October 1967, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. Page 9 Page 10 of 12 pages (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of 24 September 1965, as revised by Executive Order 11375 of 13 October 1967, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of 24 September 1965,"as revised by Executive Order 11375 of 13 October 1967, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraph (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of 24 September 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions For noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor.may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its ovm employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instru- mentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it"Will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will Otherwise assist the administering agency in the discharge of the agency's'primary"responsibility for securing compliance. :J Page 11 of 12 pages 24 September 1965, as revised by Executive Order 11375 of 13 October 1967, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order, as amended, and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order, as amended. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. , Page 11 Page 11 of 12 pages 24 September 1965, as revised by Executive Order 11375 of 13 October 1967, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order, as amended, and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order, as amended. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. , Page 11 12 R ° Page Alt of 12pages The Sponsor's acceptance of this Offer and ratifjp4tion and adiption 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 Federal Airport Act, constituting the obligations and rights of the United States and the Spon- sor with respect to the accomplishment of the Project and the operation and maintenance of the Air- port. 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 AMERI CA ;prqqe.Airpqq;ts AT , AGE By Chief*,AbuOffice (TITLE) Part II -Acceptance The 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 ...23x41............ day of .....June ..................... 19..71.. (SEAL) r Attest: �!� �� 1� L �• _ . Ve nia Lowe — Title: ... City, Secre.tary,-treasurer .. , , CERTIFICATE OF SPONSOR'S ATTORNEY Citi► of Lubbock, 'Tex=as ............ (Name of Sponsor) By....................................... 3 E-: ,GRA1 BERR-Y DEATON RIGSBY Title MAYOR ..P.RO . TEM ........................ I, .Fred 0, Senter , . Jr........ .... acting as Attorney for . Cit -y. of P44gckr . 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. Dated at ..Lubbock ................ this ��'.3 day of , 19.7% Title CitX Attorney FAA FORM 1632 (3.62) USE PREVIOUS EDITION PAGE 12