HomeMy WebLinkAboutResolution - 1837 - Grant Agreement - FAA - Phase I General Aviation Area Development, LIA - 09_27_1984Resolution #1837,
September 27, 1984
Agenda Item #31
MH:js
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Grant
Agreement and related documents by and between the City of Lubbock and the
FAA accepting a grant of $1,193,615.00 for Phase I of General Aviation Area
Development, attached herewith, which shall be spread upon the minutes of
the Council and as spread upon the minutes of this Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 27th day of September , 1984.
//—'z—
AL HENRY M YOR
ATTEST:
4,-A,.Aj
a tte Boyd, City Secketary
APPROVED AS TO CONTENT:
c
Mar in Coffee, Dire,#Wr of Aviation
APPROVED AS TO FORM:
Mich le art, Assistant City Attorney
Resolution #1837
Page 1 of 4 pages
GRANT AGREEMENT
FOR DEVELOPMENT PROJECT
Part 1-Offer
Date of Offer: 2 U SEP 1984
Airport: Lubbock International
Project No. 3-48-0138-04
Contract No. DOT-FA64SW-8243
TO: The City of Lubbock, Texas
(herein referred Io as the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration,
herein referred to as the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application ( also called
an Application for Federal Assistance) dated August 28, 1984 , for a grant of Federal
funds for a project for development of the Lubbock International
Airport (herein called the "Airport"), together with plans and
specifications for such project, which Application for Federal Assistance, 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:
Phase I of: Construct and mark taxiway (approximately 50' x 2437');
construct and mark taxiway (approximately 35' x 5104'); construct
access road (approximately 32' x 5951'); construct service road
(approximately 24' x 2924'); install taxiway lighting system;
install security fencing (approximately 6,100 L.F.); rehabilitate
Taxiway D (approximately 17,530 S.Y.); reconstruct existing apron
(approximately 6,042 S.Y.); construct drainage structures and channel.
all as more particularly described in the property map and plans and specifications incor-
porated in the said Application for Federal Assistance.
FAA, FORM 5100-37 (11-82) Development
r-
Page 2 of 4 Pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions
of the Airport and Airway Improvement Act of 1982, herein called the "Act,"
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
compliance with -the assurances and conditions as herein provided, THE FEDERAL
AVIATION ADMINISTRATION, 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, ninety percentum of all allowable project costs.
This Offer is made on and subject to the following terms and conditions:
Standard Conditions
1. The maximum obligation of the United States payable under this offer
shall be $ 1,193,615 which is comprised of:
$ 1,193,615 for development other than land
$ for land acquisition
2. The allowable costs of the project shall not include any costs determined
by the FAA to be ineligible for consideration as to allowability under the
Act.
3. Payment of the United States share of the allowable project costs will be
made pursuant to and in accordance with the provisions of such regulations
and procedures as the Secretary shall prescribe. Final determination of
the United States share will be based upon the final audit of the total
amount of allowable project costs and settlement will be made for any
upward or downward adjustments to the Federal share of costs.
4. The sponsor shall comply with the Airport and Airway Improvement Act of
1982 and shall carry out and complete the Project without undue delays and
in accordance with the terms hereof, and such regulations and procedures
as the Secretary shall prescribe and agrees to fully comply with the Part
V Assurances of the Application for Federal Assistance which is attached
to and becomes a part of this offer.
5. The FAA reserves the right to amend or withdraw this offer at any time
prior to its acceptance by the sponsor.
6. 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 before September 30, 1984,
or such subsequent date as may be prescribed in writing by the FAA.
7. The property map referred to on Page 1 of this Grant Agreement is the
Property Map, Exhibit A, attached hereto.
Page 3 of 4 pages
SPECIAL CONDITION
8. The Sponsor hereby covenants and agrees that it will not advertise
for bids, award any contract, or commence any of the construction to
be accomplished under this project until it has submitted final plans
and specifications and such plans and specifications have been approved
by the FAA, 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
90 days from the date of this Agreement.
SPECIAL ASSURANCE
The following Special Assurance is added to Part V Assurances attached to
this Offer:
31. The Federal Government does not plan or contemplate the construction
of any structures pursuant to paragraph 15 of Part V, Assurances,
of the application dated August 28, 1984 , and therefore,
it is understood and agreed that the sponsor is under no obligation
to furnish any new areas or new rights without cost to the Federal
Government under this Grant Agreement. However, it is agreed and
understood that the rights of the United States to cost free areas
obtained under unexpired Grant Agreements with the sponsor are
extended for twenty years from the date of this Grant Agreement.
Furthermore, the responsibility for paying the cost of relocating
any facilities located in such cost free areas shall be made in
accordance with Advisory Circular 150/5300-7B, "FAA Policy On
Facility Relocations Occasioned by Airport Improvements or Changes."
Page 4 of 4 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 hereinafter provided, and said Offer and
Acceptance shall comprise a Grant Agreement, as provided by the Airport and
Airway Improvement Act of 1982, constituting the obligations and rights of the
United States and the Sponsor With respect to the accomplishment of the Project
and compliance with the assurances and conditions as provided herein. Such
Grant Agreement shall become effective upon the Sponsor's acceptance of this
Offer.
UNITED STATES OF AMERIC
FEDERAL T MI TRATION
By *
(Title) Manager, Al uquerque Airport District Office
Part II — Acceptance
The Sponsor 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 %:4
(SEAL)
Attest: . . . .04000.0
City Secretary
Title: ...........................
CERTIFICATE OF SPONSOR'S ATTORNEY
day of , 19
City of Lubbock, Texas
of S sor)
By.. ...... ..........
Mayor
Title ...............................
I, T. h V c , /Z. %% ;rr. , acting as Attorney for 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 authorized and that the execution thereof is
in all respects due and proper and in accordance with the laws of the State
of Texas and the Act 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 .Z ,. t % -y«-+ this l day
�of� Oct. 4 "' 19 rY.
L�/ City Attorney
Title ............................
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ra 7. iiiLE ANQ DE8CRiPTiON dF APFUCANTA tAQ= . L TYPE OF APPLICANT/RWFIvff
-` Phase 2ro£. general -.aviation .area :degelopment `AAc1ud- 1 4 Amto
ing approximately 7 500 L.F. -of 35 L and r5W, aziways., t4� �v ailyl;
approximately-'8;900.L.7 'of and .41 r.,roadIs pave— "" .ilk' •, :.r
went rehabilitation, lightiag, `security';fencing,
drainage and Qther,.related..items ,of work.-
S.aT_1_f'PEO�F ASSISTA
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`
Lubbock Count
250,000
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'
I& FWPOSED FUNDING . I1. CONGRESSIONAL CRSTRicm ors
I& •TYPE OF CHANGE (For sso or Ito)
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BFEDERAL AGEN o 19 84 12 O1
ID. EXISTING FEDERAL IDENTIFIG:iON NUMBER
3-48=0138
L T07AL
1 326 39.ao
2L FEDERAL AGENCY To RECEIVE REQUEST (Hay, City. BuSo. ZIP aodo)
2L REMARKS ADDED
DOT FAA ABQ ADO Albuquerque. -NM 87106
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23.
'a. iV Lum AND TALE
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SEHTATiVE
Marvin W. Coffee
Director of Aviation
19 �,y,rear - lg
24. AGENCY NAIVE
2& PLICA• Loaf aaona day
TION
RECEIVED 19
1E. ORGANIZATIONAL UNiT
lt7. ADMINiSTRATIVE OFFICE
23. FEDERAL APPLICATION
IDENEEIT�iM�CATiON
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WENILFICATiR OHT
3L ACTON TARN
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FUNDING
Year auaA day
23. ACTION DATE► 19
31. Year txowtlt. day
DATE
DATTEE NQ19
a FEDERAL
i APPUtJ1I�T
.OD
S& CONTACT FOR ADDITIONAL. INFORMA-
TION 4NZMo and "lophoao awsabor)
❑k RF1ECiED
a. R=RW FOR
344 Year aroatb lay
ENDING
DATE 19
s tITA7E
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M
DEPARTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION
ome No. e0-A0184
PART II
PROJECT APPROVAL INFORMATION
SECTION A
Item 1.
Does this assistance request require State, local,
regional, or other priority rating?
Yes X No
Item 2.
Does this assistance request require State, or local
advisory, educational or health clearances?
Name of Governing Body
Priority Rating
Name of Agency or
Board
Yes X No (Attach Documentation)
Item 3.
Does this assistance request require clearinghouse review (Attach Comments)
in accordance with OMB Circular A•95?
Yes X No
Item 4.
Does this assistance request require State, local, Name of Approving Agency
regional or other planning approval? Date
Yes _X__ No
Item 5.
Is the proposed project covered by on approved Check one: State �1
comprehensive plan? Local $,
Regional
X Yes No Location of plan Lubbock. -Texas
Item 6.
Will the assistance requested serve a Federal Name of Federal Installation -
installation? YesNo Federal Population benefiting from Project
Item 7.
Will the assistance requested be on Federal land Name of Federal Installation
or installation? Location of Federal Land
Yes_ No Percent of Project
Item 8.
Will the assistance requested have an impact or effect
See instruction for additional information to be
on the environment?-
provided.
Yes X-
No
Item 9.
Number of:
Will the assistance requested cause the displacement of
Individuals
individuals families, businesses, or farms?
Families
Businesses
Yes X.
No Forms
Item 10.
Is there other related Federal assistance on this
See instructions for additional information to be
project previous, pending, or anticipated?
provided.
Yes X• No
FAA Form 5100-IDO (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 2
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO.04-RO209
PART II = SECTION C
The Sponsor hereby represents and certifies as follows:
1. Compatible land Use. —The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in
the vicinity of the airport:
Adopted Airport Hazard Zoning Ordinance
Adopted Airport Master Plan
2. Defaults. —The Sponsor is not in default on any obligation td the United States or any agency of the United States Govern-
ment relative to the development, operation, or maintenance of any kirport, except as stated herewith:
None
:1. forcible Dicmbilities.—There are no facts or circumstances (including the existence of effective or proposed leases:, use
agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings)
which in reasonable probability might make it impossible for the Spon-Aw to carry out and complete the Pro)ject or carry out the
provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follow,:
None
4. land. —(a) The Sponsor holds the following property interest in the following areas of land which are to be developed
or used as part of or in connection with the Airport, all of which areas are identified on the aforementioned property map
designated as Exhibit "A":
(1) Fee simple title free and clear of any exception, encumbrance, or out-
standing interest which would interfere with use of the land's surface or the airspace
above it for (A) airport or air navigation purposes, or, when no longer needed for
such purposes, for (B) any other purpose, use or disposition authorized or required by
Attachment N to OMB Circular A-102, to *
See Attached Exhibit A
(2) Easements to *
* Identify by TF,AL'T 7 IOT, aryl NCP as shown in Exhibit 'A" . if of , so state.
No additional reference to Exhibit "A" needed.
FAA Form 5100-100 (4-76) page 3a
ASWM (Jan/79)
DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION OMB No. 04-RO209
PART II - SECTION C (Continued)
The :�pone►r further certifies that the above ii Weed on a title examination by a qualified attorney or title company and that
such attorney or title company has determined that the Sponsor holds the above property interests.
(b) The SIx►nsor will acquire within a reasoriable time, [out in any event prior to the start of any construction work under
the Project, the following property interest in the following areas of land on which such coneiruetion work is to be performed,
all of which area,; are identified on the aforementioned property map desi{,mated as Exhibit "A":
(1) Fee simple title free and cl
standing interest iest which would interfere w
above it for (A) airport or air navigati
such purposes, for (B) any other purpose,
Attachment N to � Circular A-102, to *
None
(2) Easements to *
None
on
ear of any exception, encmmlbrance, or out-
th use of the land's surface or the airspace
purposes, or, when no longer needed for
use or disposition authorized or required by
Jc) '['he sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under
the roject, the following property interest in the followin- areas of land which are to be developed or used as part of or in
connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned
property map designated as Exhibit "A":
(1) Fee simple title free and clear of any exception, enctmibrance, or out-
standing interest which would interfere with use of the lard's surface or the airspace
above it for (A) airport or air navigatio
such purposes, for (B) any other purpose,
Attachment N to cmB circular A-102, to *
N/A
(2) Easements to *
None
n
purposes, or, when no longer needed for
use or disposition authorized or required by
S. Exclusive Rigghts.—There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned
or controlled by the. Sponsor except as follows:
tI by TRAc'r , and NE14BM as shown in Exhibit "A". if "none", so state.
No additional reference to Exhibit "A" needed.
FAA Form 5100-100 (4-76) Page 3b
A.SWRD (Jan,/79 )
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
ome No. so.Roil.
PART III — BUDGET INFORMATION — CONSTRUCTION
SECTION A — GENERAL
1. Federal Domestic Assistance Catalog No ............. 20.106
2. Functional or Other Breakout .................... AIP
SECTION B — CALCULATION OF FEDERAL GRANT
Cost Classification
Use only for revisions
Total
Amount
Required
Latest Approved
Amount
Adjustment
4 or (-J
1. Administration expense
S
S
S 818
2. Preliminary expense
—0-
3. Land,structures, right-of-way
—0-
4. Architectural engineering basic fees
64,867
5. Other architectural engineering fees
96,562
6. Project inspection fees
98,211
7. Land development
—0-
8. Relocation Expenses
—0-
9. Relocation payments to Individuals and Businesses
—0-
10. Demolition and removal
—0-
11. Construction and project improvement
950,699
12. Equipment
—0-
13. Miscellaneous (Adjust Utilities
20,012
14. Total (Lines 1 through 13)
1,231,169
15. Estimated Income (if applicable)
—0-
16. Net Project Amount (Line 14 minus 15)
1,231,169
17. Less: Ineligible Exclusions
—0-
18. Add: Contingencies
95,070
19. Total Project Amt. (Excluding Rehabilitation Grants)
1,326,239
20. Federal Share requested of Line 19
1,193,615
21. Add Rehabilitation Grants Requested (100 Percent)
—0-
22. Total Federal grant requested (Lines 20 & 21)
1,193,615
23. Grantee share
132,624
24. Other shares
-
—0-
25. Total project (Lines 22, 23 & 24)
S
S
S 1,326,239
FAA Form 5100-100 (B 73) SUPERSEDES FAA FORM 5100 -10 PAGES 1 THRU 7 Page 4
r
DEPARTMENT OF
)RTATION - FEDERAL AVIATION ADMI
ome lac
13
SECTION C — EXCLUSIONS
Classification
26
Ineligible for
Participation
1
Excluded From
Contingency Provision
a.
$
$
b
c
d
e_
g- Totals
S
$
SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27. Grantee Share I $
a. Securities
b. Mortgages
c. Appropriations (By Applicant)
d. Bonds
e. Tax Levies
f. Non Cash
g. Other (Explain)
h. TOTAL — Grantee share
28. Other Shares
a. State
b. Other
c. Total Other Shares
29. TOTAL
SECTION E — REMARKS
132.624
$ 132,624
PART IV PROGRAM NARRATIVE (Attach — See Instructions)
FAA Form 51DO-100 (6.73) SUPERSEDES FAA FORM 5100-10 PAGES 1 TMRU 7 Page, 5
' FAA AC 75-0232
PART V
ASSURANCES
(For Development Projects)
i
These assurances shall remain in full force and effect'throughout the useful life of the facilities developed
under this project, but in any event not to exceed twenty (20) years from the date of said acceptance of an offer
of Federal aid for the project. However, these limitations on the duration of the covenants do not apply to the
covenant against exclusive rights and real property acquired with Federal funds.
The sponsor hereby.assures and certifies, with respect to the grant applied for in this Application. that:
I. General Federal Requirements. It will comply with the following laws, regulations, policies, guidelines, and
requirements as they relate to the application, acceptance, and use of Federal funds for this project:
Federal Legislation
a. Federal Aviation Act of 1958
b. Hatch Act
c. Federal Fair Labor Standards Act
d. Davis -Bacon Act
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - Titles II and III
f. National Historic Preservation Act of 1966 - Section 106
g. Archeological and Historic Preservation Act of 1966
h. Flood Disaster Protection Act of 1973 - Section 102(a)
i. Rehabilitation Act of 1973 - Section 504, Section 503
J. Civil Rights Act of 1964 - Title VI
k. Aviation Safety and Noise Abatement Act of 1979
1. Age Discrimination Act of 1975
m. Architectural Barriers Act of 1968
n. Vietnam Era Veterans' Readjustment Assistance Act of 1974 - Section 402
o. Airport and Airway Improvement Act of 1982
p. Powerplant and Industrial Fuel Use Act of 1978 - Section 403
Federal Regulation
a. 49 CFR Part 21 - Nondiscrimination in Federally Assisted Programs of the Department of Transportation -
Effeetuation of Title VI of the Civil Rights Act of 1964
b. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programs
c. 49 CFR Part 27 - Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or
Benefiting from Federal Financial Assistance
d. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department
of Labor (Federal and Federally Assisted Contracting Requirements, Including those Relating to Disabled
Veterans and Veterans of the Vietnam Era and Handicapped Workers)
e. 14 CFR Part 150 - Airport Noise Compatibility Planning
Office of Management and Budget Circulars
a. A-95 - Evaluation, Review and Coordination of Federal and Federally Assisted Programs and Projects
b. 'A-102 - Uniform Requirements for Assistance to State and Local Governments
e. FMC-74-4 - Cost Principles Applicable to Grants and Contracts with State and Local Governments
Executive Orders
a. 11246 - Equal Employment Opportunity in Federal and Federally Assisted Contracting
b. 11593 - F33torie Preservation
c. 11288 - Prevention, Control, and Abatement of Water Pollution
d. 11926 - Evaluation of Flood Hazards
2. Consistency with Local Plans. The project 1s reasonably consistent with plans (existing at the time or
approval of the project) of public agencies authorized by the state in which such airport is located to plan
for the development of the area surrounding the airport and will contribute to the accomplishment of the
purposes of the act.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are
not to be paid by the United States and sufficient funds to assure operation and maintenance of the facility
for the purposes constructed. -
4. Authority of Sponsor. It has legal authority to apply for the grant, and to finance and construct the
proposed facilities; that a resolution, motion, or similar action has been duly adopted or passed as an
official act of the applicant's governing body, authorizing the filing of the application, including all
understandings and assurances contained therein, and directing and authorizing the person identified as the
FAA For_ 5100-100 (11-82) Development Page
official representative of the applicant to act in connection with -the application and to provide such
additional information as may be recwired.
5. `Good Title to Airport. It holds good title, satisfactory to the Secretary, to the landing area of the
airport or site therefor, or will -give assurance satisfactory to the Secretary that good title will be
acquired.
6. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near
which the project may be located.
7. Public Nearifigs. In projects involving' the location of an airport, an airport runway, or a major runway
extension, it has afforded the opportunity for public hearings for the purpose of considering the econo=lc,
social, and environmental effects of the airport or runway location and its consistency with the goals and
objectives of such planning as has been carried out by the community and shall, when requested by the
Secretary, submit a copy of the transcript to the Secretary.
8. Air and Water Ouality Standards. In projects involving airport location, a major runway extension, or runway
location, it will provide for the Governor of the state in which the project is located to certify in writing
to the Secretary that the project will be located, designed., constructed, and operated so as to comply with
applicable air and water quality standards. In any case where such standards have not been approved and
where applicable air and water quality standards have been promulgated by the Administrator of the
Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of
certification or refusal to certify shall be provided within sixty (60) days after the project application
has been received by the Secretary.
9. Economic Nondiscrimination. It will make its airport available as an airport for public use on fair and
reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical uses
including the requirement that (A) each air carrier using such airport (whether as a tenant, nontenant, or
subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially
comparable rates, fees, rentals, and other charges and such nondiscriminatory and substantially comparable
rules, regulations, and conditions as are applicable to all such air carriers which make similar use of such
airport and which utilize similar facilities, subject to reasonable classifications such as tenants or
nontenants, and combined passenger and cargo flights or all cargo flights, and such classification or status
as tenant shall not be unreasonably withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on tenant air carriers, and (B) each fixed -base operator at
any airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable
to all other fixed -base operators making the same or similar uses of such Airport utilizing the same or
similar facilities, and (C) each air carrier using such airport shall have the right to service itself or to
use any fixed -base operator that is authorized by the airport or permitted by the airport to serve any air
carrier at such airport, and (D) that in any agreement, contract, lease or other arrangement under which a
right or privilege at the airport is granted to any person, firm, or corporation to conduct or engage in any
aeronautical activity for furnishing services to the public at the airport, the sponsor will insert anc
enforce provisions requiring the contractor--
(1) to furnish said services on a fair, equal, and not unjustly discriminatory basis to all users thereof,
and
(2) to charge fair, reasonable, and not unjustly discriminatory prices for each unit or service; provided,
that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other
similar types of price reductions to volume purchasers.
(E) that it will not exercise or grant any right or privilege which operates to prevent any person, fire, or
corporation operating aircraft on the airport from performing any services on its own aircraft with its own
employees (including, but not limited to maintenance and repair) that it may choose to perform, and (F) in
the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the
services involved will be provided on the same conditions as would apply to the furnishing of such services
by contractors or concessionaires of the sponsor under these provisions.
Provided, that the sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be
met by all users of the airport as may be necessary for the safe and efficient operation of the airport; and
provided further, that the sponsor may prohibit or limit any given type, kind, or class of aeronautical use
of the airport or necessary to service the civil aviation needs of the public.
10. Exclusive Rights. It will permit no exclusive right for the use of the airport by any persons providirg, or
intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of
services at an airport by a single fixed -base operator shall not be construed as an exclusive right if both
of the following apply: (1) it would be unreasonably costly, burdensome, or impractical for more than one
fixed -base operator to provide such services; and (2) if allowing more than one fixed -base operator to
provide such services would require the reduction of space leased pursuant to an existing agreement between
such single fixed -base operator and such airport.
It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or
corporation the exclusive right at the airport, or at any other airport now owned or controlled by it, to
conduct any aeronautical activities, including but not limited to charter flights, pilot training, aircraft
FAA Form 5100-100 (11-82) Development Page 7
rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier
operations, aircraft sales and services, sale of aviation -petroleum products whether or not conducted in
conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and
any other activities which because of their direct relatiopship to the operation of aircraft can be regarded
as an aeronautical activity, and that it will terminate-an)F- exclusive right to conduct an aeronautical
activity now existing at such an airport before the grant,of any assistance under the Airport and Airway
Improvement Act. •
11. Airport operation and'Maintenance. It will suitably operate and maintain the airport and all facilities
thereon or connected therewith, with due regard to climatic and flood conditions.
It will operate and maintain in a safe and serviceable condition and in accordance with the minimum standards
as may be required or prescribed by the applicable Federal, state, and local agencies for the maintenance and
operation, the airport and all facilities which are necessary to serve the aeronautical users of the airport
other than facilities owned or controlled by the United States, and will not permit any activity thereon
which would interfere with its use for airport purposes; provided, that nothing contained herein shall be
construed to require that the airport be operated for aeronautical use during temporary periods when snow,
flood, or other climatic conditions interfere with such operation and maintenance; and provided further, that
nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any
structure or facility which is substantially damaged or destroyed due to an act of God or other condition or
circumstances beyond the control of the sponsor. In furtherance of this covenant, the sponsor will have in
effect at all times arrangements for --
a. Operating the airport's aeronautical facilities whenever required;
b. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions;
and
c. Promptly notifying airmen of any condition affecting aeronautical use of the airport.
12. Hazard Removal and Mitigation. It will adequately clear and protect the aerial approaches to the airport by
removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by
preventing the establishment or creation of future airport hazards.
13. Compatible Land Use. It will take appropriate action, including the adoption of zoning laws, to the extent
reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities
and purposes compatible with normal airport operations, including landing and takeoff of aircraft.
14. Use by Goverment Aircraft. It will make available all of the facilities of the airport developed with
Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States
for use by Government aircraft in common with other aircraft at all times without charge, except, if the use
by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use,
for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary,
or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government
aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the
opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft,
or during any calendar month that --
a. Five'(5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; oe
b. The total number of movements (counting each landing as a movement) of Goverment aircraft is 300 or
more, or the gross accumulative weight of Goverment aircraft using the airport (the total movements of
Goverment aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds.
15. Land for Federal Facilities. It will furnish without cost to the Federal Government for construction,
operation and maintenance of facilities for, and uses in connection with, any air traffic control or air
navigation activities, or weather reporting and communication activities related to air traffic control, any
areas of land or water,, or estate therein, or rights in buildings of the sponsor as the Secretary considers
necessary or desirable for construction at Federal expense of space or facilities for such purposes. Such
areas or any portion thereof will be made available as provided herein within 4 months after receipt of
written requests from the Secretary.
16. Standard Accounting Systems. It will keep all project accounts and records in accordance with a standard
system of accounting prescribed by the Secretary.
17. Fee and Rental Structure. It gill 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 airport, taking into account such factors as the volume of traffic and economy of
collection, except that no part of the Federal share of an airport development or airport planning project
for which a grant is made under this title or under the Federal Airport Act or the Airport and Airway
Development Act of 1970 shall be included in the rate base in establishing fees, rates, and charges for users
of that airport.
FAA Form 5100-100 (11-82) Development Page 8
18. Peportm and Inspections. It will eubmit to the Secretary, such annual Or special airport financial and oyera-
tiona "..ports as the Secretary may reasonably request and will make the.airport and all airport records and
documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other
Instruments, available for inspection by ady duly authorized agent .of the Secretary upon reasonable request.
19. Airport Revenue. It will expend all revenues generated by the airport, if it is a public airport, for the
capital or operating costs of the airport, the local airport system, or other local facilities which are
owned or operated by the owner or operator pf the airport and directly related to the actual transportation
Of passengers or property: Provided, however, -that if covenants or assurances in debt obligations previously
issued by the owner or operator of the airport, or provisions in governing statutes controlling the owner or
operator's financing, provide for the use of the revenues from any of the airport owner or operator's
facilities, including the airport, to support not only the airport but also the airport owner or operator's
general debt obligations or other facilities, then this limitation on the use of all other revenues generated
by the airport shall not apply.
20. Consultation with Users. In making a decision to undertake any airport development project under this title,
It will undertake reasonable consultations with affected parties using the airport at which the project is
proposed.
21. Terminal Development Prerequisites. For projects which include terminal development, it has, on the date of
submittal of the project grant application, all the safety equipment required for certification of such
airport under Section 612 of the Federal Aviation Act of 1958 and all the security*equipment required by rule.
or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to
passengers enplaning or deplaning from aircraft other than air carrier aircraft.
22. Construction Inspection and Approval. It will subject the construction work on any project for airport
development contained in an approved project grant application to inspection and approval by the Secretary,
and such work will be in accordance with regulations and procedures prescribed by the Secretary. Such
regulations and procedures will require such cost and progress reporting by the sponsor or sponsors of such
project as the Secretary shall deem necessary.
23. Minimum Wage Rates. It will include, in all contracts in excess of $2,000 for work on projects for airport
development approved under this title which involve labor, provisions establishing minimum rates of wages,
to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended
(40 U.S.C. 276a--276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates
will be stated in the invitation for bids and will be included in proposals or bids for the work.
24. Veterans Preference. It will include, in all contracts for work under project -grants for airport development
which involve labor, such provisions as are necessary to ensure that, in the employment of labor (except in
executive, administrative, and supervisory positions), preference will be given to veterans of the Vietnac
era and disabled veterans as defined in Section 515(c)(1) and (2) of the act. However. this preference shall
apply only where the individuals are available and qualified to perform the work to which the employment
relates.
25. Audits and 9ecordkeeping Requirements. It will keep such records as the Secretary may prescribe, including
records which fully disclose the amount and the disposition by the recipient of the proceeds of the grant,
the total cost of the plan or program in connection with which the grant is given or used, and the amount and
nature of that portion of the cost of the plan or program supplied by other sources, and such other recc:Vs
as will facilitate an effective audit and it shall make available to the Secretary and the Comptroller
General of the United States, or any of their duly authorized representatives, for the purpose of audit and
examination, any books, documents, papers, and records of the recipient that are pertinent to grants received
under this title. The Secretary may require that an appropriate audit be conducted by a recipient.
26. Audit Reports. In any case in which an independent audit is made of its accounts relating to the disposition
of the proceeds of a grant or relating to the plan or program in connection with which the grant was given or
used, it will file a certified copy of such audit with the Comptroller General of the United States not later
than 6 months following the close of the fiscal year for which the audit was made.
27. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the
grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any
activity conducted with or benefiting from funds received from this grant.
28. Airport Layout Plan. It will keep up to date at all times an airport layout plan of the airport showing
(1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite
areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the
location and nature of all existing and proposed airport facilities and structures (such as runways,
taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of
existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all
existing improvements thereon. Such airport layout plan and each amendment, revision, or modification
thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature
of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor
will not make or permit any changes or alterations in the airport or in any of its facilities other than in
conformity with the airport layout plan as so approved by the Secretary if such changes or alterations might
adversely affect the safety, utility, or efficiency of the airport.
FAA Form 5100-100 (11-82) Development Page 9
L r
29. Preserving Airport Rights and Powers. It will not enter into -any transaction which would operate to deprive
it of any of the rights and powers necessary to perform any or all of the assurances herein without the
written approval of the Secretary, and will act to acquire, extinguish or modify, any outstanding rights or
claims cf right of others which would interfere with such performance by the sponsor. This shall be done in
a manner,,-cceptabie to the Secretary.
It will not dispose of or encumber its title or other interests in the site and facilities during the�'period
u/' Federal interest or while the Government holds bonds, whichever is the longer. The obligation to perform
rll such covenants may be assumed by another. public agency found by the Secretary to be eligible under the
act to assume such obligations and having the power, authority, and financial resources to carry out all such
obligations. If an arrangement Is made for management or operation of the airport by any agency or person
other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and
authority to ensure that the airport will be operated and maintained in accordance with the act, the
regulations, and these covenants.
30. Construction Accomplishment. It will execute the project in accordance with plans, specifications, and
schedules as approved by the Secretary, and incorporated herein, or with modifications similarly approved,
and will provide and maintain competent technical supervision at the construction site to assure that
completed work conforms with the approved plans and specifications.
FAA Form 5100-100 (11-82) Development Page_10,
COGTRACTOR CONTRACTUAL H-C-UIR£KENTS
AITACIVENT 1 TO STANDARD DOT TITLE VI ASSURANCE
During the performenct of this contract, the contractor, for itself, its assignees and nuccessors in interest
('ereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscr-'nina-
tion in federally assisted programs of the Department of Transportation (hereinafter "DOT") Title 49, Code of
Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the
regulations), which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination.' The contractor, with regard to the work performed by it during the contract, shall
not discriminate on the grounds of race, color, or national origin in the selection and retention of sub-
ccntractors, including procurements of materials and leases of equipment. The contractor shall not partici•.ate
either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including
employment practices when the contract covers a program set forth in Appendix 8 of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations
either by competitive bidding or negotation made by the contractor for work to be performed under a subcontract,
including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be
notified by the contractor of the contractor's obligations under this contract and the Regulations relative to
nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports. The contractor shall provide all information and reports required by the
Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation
Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions.
Where any information required of a contractor is in the exclusive possession of another who fails or refuses to
furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set
forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination
provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be
appropriate, including, but not limited to-- —
a. Withholding of payments to the contractor under the contract until the contractor complies, and/or
b. Cancellation, termination, or suspension of the contract, in whole or in part.
b. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in
every subcontract, including procurements of materials and leases of equipment, unless exempt by. the Regulations
or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or
procurement as the sponsor or the FAA 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 supplier as a result of such direction, the contractor may request the sponsor
to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request
the United States to enter into such litigation to protect the interests of the United States.
(11-82)
STANDARD DOT TITLE VI ASSURANCES
The City of Lubbock, Texas (hereinafter referred to as the
Sponsor) hereby agrees that as a condition to receiving Federal financial
assistance from the Department of Transportation (DOT), it will comply with
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all
requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted
Programs of the Department of Transportation -- Effectuation of Title VI of the
Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the
end that no person in the United States shall, on the ground of race, color, or
national origin, be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination under any program or activity for
which the applicant receives Federal financial assistance and will immediately
take any measures necessary to effectuate this agreement.
Without limiting the above general assurance, the Sponsor agrees concerning
Project No. 3-48-0138-04 (hereinafter referred to as the Project) that:
1. Each "program" and,"facility" (as defined in Sections 21.23(ei and
21.23(b) will be conducted or operated in compliance with all requirements of
the Regulations.
2. It will insert the following notification in all solicitations for bids
issued in connection with the Project and in adapted form in all proposals for
negotiated agreements:
The City of Lubbock, Texas , in accordance with
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and
49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of, the
Department of Transportation, hereby notifies all bidders that it will
affirmatively assure that minority business enterprises are afforded
full opportunity to submit bids in response to this invitation and will
not be discriminated against on the grounds of race, color, or national
origin in consideration for an award.
3. It will insert the clauses of Attachment 1 of this assurance in every
contract subject to the Act and the Regulations.
4. Where Federal financial assistance is received to construct a facility,
or part of a facility, the assurance shall extend to the entire facility and
facilities operated in connection therewith.
S. Where Federal financial assistance is in the form or for the acquisition
of real property or an interest in real property, the assurance shall extend to
rights to space on, over, or under such property.
6. It will include the appropriate clauses set forth in Attachment 2
of this assurance, as a covenant running with -the land, in any future deeds,
Page 1
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4.
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end_- imilor, `greements ; entered
Eor the ,sub'sequent.'transferf:o ":I' ri pert
Einan^CielAss istance,under AJNI " 16d16EC�antl' �
E or 4ccess to. space �cn, ;over, ,for i6er- r�ea �p
�ederal°.financia�l csskance-uefs;roje
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�r, theierod,nr3ngrhi "g.> .ta, ;-�-, . i, •, •.il7ip ,a iimiii aa7Y� .,.�1i ates r, a or
y r ,} Federal nancial _assextentj! "to ;the
,'.
Federal iinanc%ai�assistance'-<!so :provide, aor 3s in he 'form of aohal
her t
r- "' pet w
r roperty WSor'real.topettyti�r '3nteresthersi i�r'wstructur+es ror --improvements
w thereon, an which ;case {the assurance 'bbligs �t�,e zponsor or any :.trans%gree
,•. for; the longer of theoiloMting peto�s3' r a} tthe'ape�riod during which the
y •a
.
r� .proper ty ts: used for .n purpose forc#Reeral::financiat `,assistance .is r
;extended or iYdr, -a�►other purpose innoly . g" the prcitsion of 'similar : ervices t
h or" benefits orrrib) •'tte`�per iod11drin4-ithich the Sponstains ownership or
r irj3u possession �of ' e��raperty.y4
roc
iil provide for : 6uch � methodd of ;.admioistrat oci 'for the ,program
as are found by -the • Secretary cf. �r.ansportatia 'or she ,off icial . to ',whom � be
delegates specific -authority to give.reasonable guarantee that -it, other AS
..r.
sport ors, .,subg antees,,,,contractors, subcontractors; transferees, successors
in interest, and other participants ,of.rederal_financial assistance under
such program will :.canply with : a13L requirements imposed or ::pursuant "•,to the
,
Act; the Regulations,,' and this assurance.
9. It agrees that` the United States has a right :to^.seek <judicial
=enforcement with regard. to any,.matter arising.under..the Act.,'the Regulations, :'
and this assurance...
THIS ASSURANCE is given in. consideration of and for- the ,purpose of obtaining.
:'Federal financial assistance for this Project and is' .titnding .on Its contractors,
•.-.the sponsor; snbcontractor.z; -transferees, successors `in -interest"and -other
participants in.the.:Project. The person or persons whose signatures appear
;below are authorizedsign this assurance on behalf. of. the.. Sponsor.
DATA Q.c 'yg l Qh
The City of Lubbock, Texas
(Sponsor) -
By rG�c mil.
(S `nature of Authorize Official)
Attachments 1 and 2
c
Page 2
CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRU2MNTS
ATTACIV4ENT 2 to STANDARD DOT TITLE VI ASSURANCES
The following clauses shall be included in deeds, licenses, leases, permits,
or similar instruments entered into by the City of Lubbock, Texas
pursuant to the provisions of Assurances 6 (a) and 6 (b).
1. The (grantee, licensee, lessee, permitee, etc., as appropriate)
for himself, his heirs, personal representatives, successors in
interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree (in the case of deeds and leases add
'as a covenant running with the land') that in the event facilities
are constructed, maintained, or otherwise operated on the said
propezty described in this (deed, license, lease, permit, etc.) for
a purpose for which a DOT program or activity is extended or for
another purpose involving the provision of similar services or
benefits, the (grantee, licensee, lessee, permitee, etc.) shall
maintain and operate such facilities and services'in compliance
with all other requirements imposed pursuant to 49 CFR Part 21,
Nondiscrimination in Federally Assisted Programs of the
Department of Transportation, and as said Regulations may be amended.
2. The (grantee, licensee, lessee, permitee, etc., as appropriate)
for himself, his personal representatives, successors in interest,
and assigns, as a part of the consideration hereof, does hereby
covenant and agree (in the case of deeds and leases add 'as a
covenant running with the land') that: (1) no person on the grounds
of race; color, or national origin shall be excluded from par—
ticipation in, denied the benefits of, or be otherwise subjected
to discrimination in the use of said facilities, (2) that in the
construction of any improvements on, over, or under such land
and the furnishing of services thereon, no person on the grounds
of race, color, or national origin shall be excluded from
participation in, denied the benefits of, or otherwise be
subjected to discrimination, (3) that the (grantee, licensee,
lessee, permitee, etc.) shall use the premises in compliance
with all other requirements imposed by or pursuant to 49 CFR
Part 21, Nondiscrimination in Federally Assisted Programs of
the Department of Transportation, and as said Regulations may
be amended.
.(11-82)
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alektion `of Li bts inatallc '�r s e Feder li ReiYited' Pr y
-� �. � �' '•�• .; �X -, rx '.` r• s � y� ':`'+ rf '..,?. * Y; •.t- Y � wwa J..�, .'iyy ?• _ 4 t, }u�..... ✓.'•d F,.Tw 4 t �r`� 6'."•�,y ; �;
of •tha►11A. wdn�order -to #ishJth� 'suancei �saguireAli..
.� •�
.4- ^S 1 • S;A� i-. r,.y Y+if k y': >, • +s.1 s' ? itT •..t r••�S a�'•.,
gv , ;4aft••s'� „%Hl
_. • of the Federal Aviation 8e Iationf atr �smrnded Fff.{4.e
1 4�. xf'. r•• ' S .,:.. y l w .; L'%, � ��.Sf � ', :._ °r'•y hdi - "1 p � `` �C
,' ,Icity of Z�bbock; eaas (tiereiasfter cal ed the
i. .
. i�r .-• ..:. - :. _ ,' 1 -' -. �•w t b „alw,a7 +�'i'"`3,s-. '"l -." _'�-. ty. � _Fo 1x a _ a ,:
"Sponsor" hereby aoveiaents end egrsis titith the United
. t
IR l'F., l 7 • -• r J.sss `{�VY>• a t'.,i� .k, s
,✓ ., ,there ftnraalled the rnlIIen .,a� EoLlo�a.
s
T'4a or in tie operation And�tusi of the
t .._. 'Lub
bock
y
p . _.
owledRee ite awareness of he co®t
International Air ort ackn
of;;operattag: and maintainirg ,airport light'ing and agrees to operate
'1
the airport lighting installed (or •to be}installed under this project)
throughout each night of the, year:.
Z
Noncompliance 'vith the .above assurance's :ahall constitute a
material breach, and in the event .''.of such aptiec pliance the Goverc:ment,.
-take'•appropriate action -to -enforce -compliance, --may -terminate the -I ~
' :Grant Agreement to which this covenant relates, -or saak.judicial 'r
r � ;• }
• enforcement. ..
. ► City'of 'Lubbock, Texas
{ (Name of Sga:isor) =.
(Date)
20n
US Department
of Transportation .
Federal Aviation
Administration
2 0 SEP 1984
The Honorable Alan Henry
Mayor, City of Lubbock
P. 0. Box 2000
Lubbock, TA 79457
Dear Mayor Henry:
Resolution #1837
AIRPORTS DISTRICT OFFICE
2930 Yale, SE., Room 109A
Albuquerque, NM 87106
Enclosed are the original and a copy of a Grant Offer under which
the Federal Aviation Administration proposes to assist in specified
improvement at your airport. Please execute both, have your attorney
complete the certificate as shown, and return the original to us.
Please note that this Grant Offer must be accepted on or before
September 30, 1984.
Sincerely,
BILL J. HOW
Manager, Airports District Office
Enclosure
cc:
TAC--w/o encl.
MAP IN FILE
SEE-
RESO UTION