HomeMy WebLinkAboutResolution - 061363J - Grant Agreement - FAA - Airport Landing Area - 06_13_1963 0613CIT
R E S O L U T I O N
WHEREAS, THE UNITED STATES OF AMERICA ACTING THROUGH THE ASSIST-
ANT ADMINISTRATOR OF THE FEDERAL AVIATION AGENCY) HAS MADE A GRANT
OFFER DESCRIBED AS LUBBOCK MUNICIPAL AIRPORT PROJECT N0. 9-4I-071-C312,
WHICH RELATES To THE DEVELOPMENT, IMPROVEMENT, RECONSTRUCTION AND LIGHT-
ING OF THE LANDING AREA OF THE LUBBOCK MUNICIPAL AIRPORT AS MORE PARTIC-
ULARLY SET OUT IN THE GRANT OFFER AND THE PLANS AND SPECIFICATIONS
APPERTAINING THERETO;
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
LUBBOCK, TEXAS:
THAT IN CONSIDERATION OF THE OFFER ABOVE REFERRED TO COPY OF
WHICH GRANT AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREDF FOR ALL
PURPOSES) THE GOVERNING BODY OF THE CITY OF LUBBOCK DOES HEREBY ACCEPT
THE GRANT OFFER AND AGREES THAT THE GRANT AGREEMENT HERETO ATTACHED CON-
STITUTES THE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY
OF LUBBOCK, AND THE DIRECTOR OF AVIATION IS HEREBY AUTHORIZED AND DIREC-
TED TO EXECUTE THE GRANT AGREEMENT FOR PROJECT N0. 9-41-071-C312 FOR
AND ON BEHALF OF THE CITY OF LUBBOCK, TEXAS.
ON MOTION OF COMMISSIONER Alderson , SECONDED BY COMMIS-
SIONER O'Mara , THE FOREGOING RESOLUTION WAS DULY PASSED
THIS 13TH DAY OF DUNE, 1963 BY THE FOLLOWING VOTE:
COMMISSIONERS VOTING AYE: MAYOR STRONG, COMMISSIONERS ALDERSON,
OIMARA, SI SON, AND MCLARTY•
COMMISSIONERS VOTING NO: NONE
JACK F. STRONG, MAYOR
IY ttornsy
ATTEST:
LAVENIA LOWE, SECRETARY TREASURER
/ a
• f
1, Lavenia Lowe, City Secretary-Treasurer, City of Lubbock, Texas hereby certify
that the above and foregoing is a true and correct copy of A RESOLUTION ACCEPTING GRANT OFFER
OF UNITED STATES OF AMERICA (FEDERAL AVIATION AGENCY) AIRPORT IMPROVEMENTS — PROJECT No.
9--41-071--C312
Passed by the City Commission on ,1"NE: 13, 1963
and of record in MINUTE BOOK 22
THIS 13TH DAY OF JUNE 19 63
Lavenia Lowe, City Secre ary-Treasurer
City of Lubbock, Texas
Page 1 of ' ' pages
^l
FEDERAL AVIATION AGENCY
GRANT AGREEMENT
Part 1-Offer
Date of Offer MAY 3 1 1963
Airport
Project No. � '�, -
Contract No.
TO:
(herein referred to as t e "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Agency, herein re-
ferred to as the "FAA")
WHEREAS,the Sponsor has submitted to the FAA a Project Application dated
36063 , for a grant of Federal funds for a project for develop
ment of the 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 (Mrein called the
"Project") consisting of the following-described airport development:
Wig I 11014aft to *0 *k&oub"" saftua '
po 4t
raj x
a
ow at ; ,0 f
;k _ ;
all as more particularly described in the property map and plans and specifications incorporated in
the said Project Application;
FAA FORM 1632 (5-62) USE PREVIOUS EDITION PAGE 1
Page 2 of ''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,
r
This Offer is made on and subject to the following terms and conditions:
1. The maximum obligation of the United States payable under this Offer shall be
2. The Sponsor shall:
(a) begin accomplishment of the Project within Asmkv 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 550.7 and 550.8 of the Regula-
tions of the Federal Aviation Agency (14 CFR 550) 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. 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 550.4(a) 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 Section 550.9 of the Regulations. Final de-
termination as to the allowability of the costs of the project will be made at the time of
the final grant payment pursuant to Section 550.9(d) of the Regulations: Provided,
that, in the event a semi-final grant payment is made pursuant to Section 550.9(c) 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.
FM FORM 1632 (8-62) USE PREVIOUS EDITION PAGE 2
4
_ �:, �
�r d ! ��.
`Y j
$ I `" tl
R
{' 9
y�
�. > :.
_ .. ._ .,
�' �
} —
a .a
a ..3 � - o- g: �-
..
� u
1�
- �' } � ��
� � - � �.
.� ~� � �
y
K
n
fk ��
-- a .: ., 5 j., � .�
T ,.. - ..
s
s� -:. �.,
3 F � 3�
,� _ �� S ♦.
�;: s! X
{ ry
4 �
�.» P v � .. ... ..
�. �' ,I
� o-
a-
+s
�.
i
_5: �
a ..Y .. F
.� .. - r - -n r. Y
_ � t �.
i x .9t
'rt 6
I .
;r 3
�' � F - ,� —
w.
� _ �
. .: .>:
,. i ..
µ
>. a. ,- A- 2 ,g - �.
1
�;
s '
- _ _
.ti
� '
,�
s_
r _
-T` ''-9.
,y: ti)
6
s, t
f -_ - Y _ ,�
� �,
I�_. � '�-
k
:k i.
+Ma
�� s
' r.<, r a
,. � r .. x
..
�. fi ..
,� _,. ...
v _ k
-.. .. .. w
�. �, A _-
,.
�.
.. .fi S _ a.� k _. � � "' j
.. Y v � � �-
v. <
w
1 111 1 �� rtP K 1 _ Y _ Y
a.-v I� ��� h #. � _
.. � .. _
+' '+��`i
r. _ fat �.
r �
Y � � s
r r :' :.
:. _, .. a .. � _.
,: .1
:., �- .. � 1. ',. x-
,;�
u T .,�
a.
_.
_.. E. ,; ,. ,. - __
5 _ M
S a
L k
{
Y y R
H. i .. s ._
.., ,.. -. .. w .. x
y ...,
... c .., s .;w ,. � ...
� ..f � , ±2
4
Page Iof pages
9(b). It is recognized by the parties hereto that on February 32, 1963, Part 550
of the Regulations of the Federal Aviation Agency (14 CPR 550) was deleted
and superseded by Part 151 of the Federal Aviation Regulations (27 FR 12348)-
Therefore, it is understood and agreed that Paragraphs 2(b), 3 and 4 of this
Grant Agreement are hereby deleted and the following Paragraphs 2(b), 3 and
4 are substituted in their place and stead:
1'2(b) carry out and complete the Project without undue delay
and in accordance with the terms hereof, the Federal Airport Act,
as amended, and Sections 151.45, 151.47, 151.490 151.51, 151.53
and 151.55 of the Federal Aviation Regulations (27 FR 12348) in .
effect as of the date of acceptance of this Offer, which Regulations
are hereafter referred to as the 'Regulations';"
"3- 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 Regulations. "
"4. Payment of.the United States share of the allowable project
costs will be made pursuant to and in accordance with the pro-
visions of Sections 151.57, 151.59, 151.61 and 151.63 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 Regulationst 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 re-
fates will be made at the time of such semi-final payment. "
9(c). It ie understood and agreed that each contract awarded for construction work
under this project is subject to the provisions of the Contract Work Hours
Standards Actp Public Law 87-581- It is further understood and agreed that
each such contract will contain stipulations requiring the contractor or
subcontractor to pay wages to all laborers and mechanics employed on the work
in conformance with the provisions of the Act and that the sponsor may with-
hold or cause to be withheld from the contractor or subcontractor so much
of the accrued payments as may be considered necessary to pay laborers and
mechanics employed by any such contractor or subcontractor on the work the ,
full amount of wages required by the contract and such sums as may adminis-
tratively be determined to be necessary to satisfy any liabilities of such
contractor or subcontractor for liquidated damages as provided by the Act.
It is also understood and agreed that, in the event of failure of any con-
tractor or subcontractor to pay any laborer or mechanic employed or working
on the 'site of the work all or part of the wages required by the contract,
the FAA may, after written notice to the sponsor, withhold from the sponsor
so much of the accrued payments or advances representing unpaid wages and
liquidated damages.
Page
{
Sy �-.
w4 to � 4
�d
V
:. s Y r' '� y .�.
,y
3 �
y..
�..
t i a o_ _ _
� �
., ._ u * ..... �.. Y 't
f
'� -
'�
b I* ;
�" _
S', ¢
;' I I - V�ek- g ;.
y di- R,'d ,S.
�* {
I{- �
`"tr 1
t �.
3 $
m 1 �s r.
�' #� r
f -
� Y
3 fr Z"
k
ly r ;{ r 3
k�
� i
\t
�,
w
Li _ A '� Y
1
IT
�.
�� t < Ir
�. �L } .�.
}
{
IF
��
Page Jof pages
The Sponsor's acceptance of this Offer and ratification and adoption 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 AMERICA
FEDERAL AVIATION AGENCY
By . *. . . 0�. . .
(TITLE)
Part II-Acceptance
The does hereby ratify and adopt all statements,
representa ions, 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 . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 19. . . . ..
(Name of Sponsor)
By
(SEAL)
Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Attest:
Title: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CERTIFICATE OF SPONSOR'S ATTORNEY
. . . . . ... . . ., acting as Attorney for
(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 . . . . . . .fttM . . . . . . . . . . . . . . . . . .,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 . . . . . . . . . . . . . . ... . . . . . . . . . . . this day of . . . . . . . . . . . . . . . . . . . . . . . .. 19. . . ..
Title . . . . .
. . . . . . . . . . . . . . . . . . . .
FAA FORM 1632 (9-62) USE PREVIOUS EDITION PAGE 4