HomeMy WebLinkAboutResolution - 112272F - Amendment 1 To Grant Agreement Contract - FAA - Regional Airport - 11_22_1972i/2z?a r
RESOLUTION
ACCEPTING AMENDMENT NO. l TO GRANT AGREEMENT
CONTRACT NO. FA 69 SW 9004
BE IT RESOLVED by the City Council of the City of Lubbock, Texas:
SECTION 1. That khe Mayor and City Council of the City of
Lubbock, Texas, do hereby accept Amendment No. 1 to Grant Agreement,
Contract No. FA 69 SW 9004, as authorized by the Chief, Airports
District Office, Federal Aviation Administration, transmitted by
letter dated Nov 1972 , that said Mayor and City Council do
hereby accept all the,:Wms, conditions, and obligations therein
and thereby imposed and by their acceptance of same do hereby
acknowledge such instrpments 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 &hall be as set 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 sextuplicate, and the City Secretary -Treasurer is
hereby authorized and directed to impress the official seal of
the City of Lubbock, Texas, thereon and to attest said execution.
SECTION 3. That the Amendment No. 1 to the Grant Agreement
referred to hereinabove shall be as follows:
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 N0. 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 22nd
day of November ,-1972.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
By
'Airports District Office
(SEAL)
Attest:
Title:
CERTIFICATE OF SPONSOR'S ATTORNEY
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
day of _
I
I
2
SECTIM 4. For the preservation of the public peace, health, and
safety, an awrgency is hereby declared to exist by reason whereof this
Resolution shall be in full force from and after its passage and approval.
PASSED AM APPROVED by a majority, vote of the Co=cil of the City
of Lubbock, Texas, and approved by me this 22,_,_nd day of November s
1972.
N pp roved as to form:
Fred 0. Senter, Jr., City Att ey
=:
_ w .
MAYQR Morris W. Turner
IFICATE
1, Lavenia Lowe , 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 Regular r pectiag of the City
Council of said City of Lubbock, Texas, held on November 22 , 1972s
Is a true and correct copy of the origimal 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
it my office.
In testimony vhereof, I have hereunto set my head and seal of said
City of Lubbock, Texaa, this 22�nd day of November 19720
csULa
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
9IiGv 372
Honorable Morris Turner
Mayor, City of Lubbock
P. 0. Box 2000
Lubbock, Texas 79408
Dear Mayor Turner:
SOUTHWEST REGION � A���
AIRPORTS DISTRICT OFFICE
YtXIl4x�i34�li8�14iC '� _ _
5301 CENTRAL AVENUE }
ALBUQUERQUE, NEW MEXICO 87108
RECEIVED
NOV 13 197Z
MAYOR'S OFFICE
In accordance with Mr. Marvin W. Coffee's request, the Administrator
has authorized Amendment No. 1 to the Grant Agreement for FAAP Project
No. 9-41-071-C913 relative to the Lubbock Regional Airport, Lubbock,
Texas.
Enclosed with this letter are the original and five copies of the
proposed Amendment. If the terms thereof are satisfactory, it should
be executed by the officials duly designated to take such action by
the governing body of the City of Lubbock. Regulations require that
the Resolution of the Sponsor's governing body authorizing the execution
of the Amendment either set forth, at length, the terms of the Amendment
or attach copies thereto and incorporate them by reference in the
Resolution. To facilitate your compliance with this requirement,
we are enclosing the original and three copies of a sample Resolution,
along with additional copies of the Amendment for incorporation in
said Resolution.
After execution on the part of the Sponsor, the original and four
c2piiesoof the Amendment and three certified conies of the Resolution
should be returned to this off~ e. T y should retain one executed
copy of the Amendment and the original of the Resolution.
Regulations require that the Amendment be accepted or rejected within
30 days of the date of this letter.
Sincerely,
Z
AGELD L. CROSBY
r -
Chief, Airports District Office
2 Enclosures
cc:
Mr. Marvin W. Coffee
Texas Aeronautics Commission