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HomeMy WebLinkAboutResolution - 110972K - Amendment 1 To Grant Agreement - FAA - 11_09_1972//09?Z k lt,SOLUTION ACCEPTING higg DMS14T 110. 1 Ta CANT AGRBEM NT . G%T� NO. FA 69 SW -9 BE IT RESOLVED by the City Council of the City of Lubbock, Texas: SECTION I. That the Mayor and City Council of the City of Lubbock, Texas, do hereby accept Amendment No. 1 to Grant Agreement, Contract No. FA 69 SW 90041 as authorized by the Chief, Airports District Office, Federal Aviation Administration, transmitted by letter dated 9 NOV 1972 , that said Mayor and City Council do hereby accept all the termer conditions, and obligations therein and thereby imposed and by their acceptance of same do hereby acknovledge such instruments as constituting a solemn and binding agreement with the United States Government, for the purpose of obtaining Federal aid iu the development of the Lubbock Regional Airport, and that such agreement shall be as set hereinbelaw. 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 seatuplicate, and the City Secretary -Treasurer is hereby authorised and directed to impress the official seal of the City of Lubbock, Texas, thereon and to attest said execution. SECTIO3 3. That the Amendment No. 1 to the Grant Agreement referred to hereinabove shall be as follows: s UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Page 1 of 3 pages Contract No. FA 69 SW 9004 Lubbock Regional Airport Lubbock, Texas Project No. 9-41-071-C913 AMENDMENT NO. 1 TO GRANT AGREEMENT WHEREAS, the Federal Aviation Administration, successor to the Federal Aviation Agency (hereinafter referred to as the "FAA") has determined it to be in the interest of the United States of America that the Grant Agreement between the FAA, acting for and on behalf of the United States, and the City of Lubbock, Texas, (hereinafter referred to as the "Sponsor"), accepted by said Sponsor on the 13th day of March 1969, relating to the Lubbock Regional Airport, a/k/a West Texas Air Terminal, Lubbock, Texas, Project No. 9-41-071-C913, be amended as hereinafter provided. NOW THEREFORE, WITNESSETH: That in consideration of the benefits to accrue to the parties hereto, the United States of America on the one part, and the Sponsor, on the other part, do hereby mutually agree that the said Grant Agreement shall be and hereby is amended as follows: 1. The following Special Condition is hereby deleted from Project No. 9-41-071-C913: 9(d) It is mutually understood and agreed that the United States will not make final payment of the allowable costs of this project until the Sponsor has submitted satisfactory evidence that the airport imaginary surfaces as defined in Section 77.25 and 77.27, Subpart C, Part 77 of the Federal Aviation Regulations published in the Federal Register February 10, 1965 (30 F.R. 1837), have been protected by the adoption of a zoning ordinance and regulations repealing, superseding, Page 2 of 3 pages and replacing a prior zoning ordinance enacted by the sponsor which is now obsolete, or by securing avigation easements or otherwise prohibiting the creation, establishment, erection, or construction in such areas of obstructions to air navigation to the extent provided for in such Regulations or approved by the Administrator as sufficient in the case of this particular airport. It is further understood and agreed.that if the imaginary surfaces shall have been protected by the acquisition of avigation easements or other interests in land, the assumption of this obligation shall not operate to bar inclusion of such acquisition in a subsequent project. 2. The following Special Condition is added to Project No. 9- 41-071-C913: 9(1) Within a reasonable length of time after the financial completion of this project, the sponsor shall submit satisfactory evidence that the airport imaginary surfaces as defined in Section 77.25, Subpart C, Part 77 of the Federal Aviation Regulations published in the Federal Register, 1 April 1971 (36 F.R. 5968), have been protected by the adoption of a zoning ordinance and regulations repealing, superseding, and replacing a prior zoning ordinance enacted by the sponsor which is now obsolete, or by securing avigation easements or otherwise prohibiting the creation, establishment, erection, or construction in such areas of obstructions to air navigation to the extent provided for in such Regulations or approved by the Administrator as sufficient in the case of this particular airport. It is further understood and agreed that if the imaginary surfaces shall have been protected by the acquisition of avigation easements or other interests in land, the assumption of this obligation shall not operate to bar inclusion of such acquisition in a subsequent project. Page 3 of 3 pages IN WITNESS WHEREOF, the parties hereto have caused this Amendment to said Grant Agreement to be duly executed as of this day of 1972. UNITED�STATES OF AMER . FEDERAL AVIATION ISTRATION By (SEAL) Attest: Title: ;Chief, A1buq CERTIFICATE OF SPONSOR'S ATTORNEY ue Airports District Office I, ,acting as Attorney for the City of Lubbock, Texas, do hereby certify: That I have examined the foregoing Amendment to the Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the execution thereof by said Sponsor has been duly authorized and 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 Amendment to the Grant Agreement constitutes'a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of 1972. 2 SECTION 4. For the preservation of the public peace, health, and safety, an emergency is hereby declared to exist by reason thereof this Resolution shall be in full force from and after its passage and approval. PASSED AND APPROVED by a majority vote of the Council of the City of Lubbock, Texas, and approved by me this ,,day of , 1972. Ap oved as to form, Fred 0. Senter, Jr., City ey ATTM i t , CM SECRETARY - /.M... We W - W I CERTIFICATE I, , the duly qualified and acting City Secretary -Treasurer of the City of Lubbock, Texas, do hereby certify that the attached from the minutes of the , „. meeting of the City Council of said City of Lubbock, Texas, held on , 1972, 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 Resolution 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 may hand and seal of said City of Lubbock, Texan, this day of , 1972. CITY SECRETARY -TREASURER (SEAL)