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HomeMy WebLinkAboutRES 02.09.1942 - Airport v. 2CAA Form AP-/+ '- Page 1 of 7 Rev. 7/8/41) / RESOLUTION CONSTITUTING AGREEIMT WITH THE UNITED STATES RELATIVE TO OPERATION AND MAINTENANCE OF GEORGETt VIN TiJme-vf- AiVort} AIRPORT WHEREAS, the Administrator of Civil Aeronautics of the United States Department of Commerce (hereinafter referred to as "Administrator"), acting pursuant to the terms of the Department of Commerce Appropriation Act, 1942 (Public Law 135, 77th Congress, Title II), has designated as necessary for national defense a project (herein called the "Project") THE GEORGETOWN AIRPORT" for development of the((name of airport to be established or improved) Airport (herein called the "Airport"), which project is identified as S- 44`41- Z.S and JUREAS, as a condition precedent to gT ws&vn.awratio of the CITY OY M 3RGET6vw .r Project, the Administrator requires that the &Alic agency) (herein called the (" )) have title in fee simple to the landing area of the Airport and the lands to be improved under the Project and enter into an agreement with the United States (herein called the "Government"), in the manner and form hereof; and c.City",of Georgetown WHEREAS, the(public agencYJ is legally, financially, and otherwise able to enter into such an agreement and desires to avail itself of the benefits of prosecution of the Project; N W, TFJEREFORE, BE IT RESOLVED BY THE City'! f - Gorgetown ublic en s Gity Council hovering body_) of the M:nvt-e'S, cxa- Q.eacslu"003 ICi 56 -14 4JS CAA Form AP -4 Rev. 7/8/41) Page 2of7 Section 1. That for and in consideration of development 8fttyhe Airport by the Government as contemplated by the Project, the ( up blic Georgetova agency) does hereby covenant and agree with the Government as follows: a) The Government shall have the right to develop the Airport as it sees fit, including the right to determine the exact nature of the improvements to be made under the Project, the manner in which the Project is to be conducted, the amount of Federal funds to be expended and all City of Georgetam other matters relating to the Project. uThel( p blic agency) will cooperate with the Government to ensure prosecution of the Project without inter— ference or hindrance, and agrees to permit the agents and employees of the Government, and all persons authorized by the Administrator, to enter upon, use, and occupy the Airport as the Administrator may deem necessary or desirable in connection with the conduct of the Project. City of Georgetown e, ( b) Thpu lic agents,') agrees to indemnify and save harmless the Government against and from any and all claims and damages which mar arise from or in connection with the carrying out of the Project, excepting claims for materials furnished or work performed pursuant to authority given by officers, employees, or agents of the Government. c) It is understood and agreed that all improvements made under the City of Georgetova Project shall be the sole and absolute property of the(l( public agency), except where specifically agreed otherwise, in writing, prior to the undertaking of the improvement or installation in question. CCiit of Gqorgetov n d) The (Publi Mency agrees that, continuously during the term of this agreement, the Airport will be operated as such, and for no other 0-) Z`') C; N-3 o . co t,vlr+ana 1936-` CAA Form AP-!+ Page 3 of 7 Rev. 7/8/41) purpose, and that unless utilized exclusively for military purposes, it will at all times be operated for the use and benefit of the public, on reasonable terms and without unjust discrimination, and without grant or exercise of any exclusive right for use of the Airport within the meaning of Section 303 of the Civil Aeronautics Act of 1938. C tip of Georgetown e) The, u lie a encZ) agrees that it will at all times during the term of this agreement maintain in good and serviceable condition and repair the entire landing area of the Airport and all improvements, facilities, and equipment which have been or may be made, constructed, or installed with Federal aid, including all improvements made under the Project, other than facilities and equipment owned by the Government. f) Insofar as is within its pourers and reasonably possible, the City cr Georgetom public agency) will prevent any use of land either within or outside the boundaries of the Airport, including the construction, erection, altera- tion, or growth, of any structure or other object thereon, which would be a hazard to the landing, taking -off, or maneuvering of aircraft at the Airport, br otherwise limit its usefulness as an airport. g) In order to protect the rights and interests of the Govern- oWEL went under this resolutions the,(pu l c agencyy)-igreeess that it will not enter into arq transaction which would operate to deprive it of any of the rights and powers necessary to perform any or all of the covenants made herein, unless by such transaction the obligation to perform all such covenants is assumed by another public agency. WOOI 3= of S-2 amu" Owo ,, CAA Form AP -4 Page 4 of 7 Rev. 7/8/41) City of Georgetova Section 2. That thet(publie agency) does hereby warrant and repre— sent to the Government as follows: Cityy of Ge orge t ova a) That the },(public agency) has title in fee simple to all the lands comprising the landing area of the Airport and to all lands to be improved under the Project, which lands are shown on the sketch attached hereto as part of Exhibit A, and that said lands are held free from any lien or encumbrance; City of Georgetofn b) That the (public agency) has the power and authority to adopt this resolution and to perform all of the covenants contained therein; City of Geor etov n c) That the (public agency) -is financially and practical]y able to perform all of the covenants contained in this resolution; d) That there is no pending or threatened litigation or other legal proceeding, and no material and relevant fact, which might ad— versely affect the prosecution of the Project, the operation of the Airport,, or the performance of any of the covenants contained in this resolution, which has not been brought to the attention of the Administrator; City' CQQUneCity of Georgetown e) That the,{(govehning bocb-) of the,(public agency) has complied with all requirements of law in adopting this resolution. f) That such of the above representations and warranties as in City Attorneyt volve questions of law are made upon the advice of the,(chiefllegal City of Georgetown officer) of the)(public agency), whose certificate as to such matters 1 City Council has been previously delivered to theA( governing body) and is annexed hereto and made a part hereof, as Exhibit A. p o.7 u'l M Mu O orCA as vkton tg3b-'4 CAA Form AP -.4 Rev. 7/8/41) Page 5 of 7 Citf Attoti ey City Sgcretar7- Section 3. That (chief legal officer) and (other officer) be and they are authorized to furnish the Administrator such legal and factual information relative to the Airport, the Project, and this resolution as he may reasonably request. Section 4. That Sections 1 and 2 of this resolution shall become effective upon the award of any construction contract for any portion of the Project or the inauguration of any portion of the Project under force account, and shall continue in full force and effect during the useful life of the improvements made under the Project. Section 5. That -in: certified copies of this resolution be sent forthwith to the Administrator, through the Regional Manager of Civil Aeronautics, (address . Passed and appr orae d at a regular meeting of the City Council of the City of Georgetown; this the 9th, dept of February 1942. Attest: tyr "W nMtget Ge orgetwn. I approve of the adoption of the foregoing resolution. signature of chief executive officer Mayor, City of Georgetown. title) M%cr) 5-1 oxc C-,crxe?k own v.&kO,Aqb o,&rT-,- ceg CAA Form AP -4 Page 6 of 7 Rev. 7/$/41) City OS' WR*, City ofGeorgetown. OF .(Clerk or Other -Recording -Officer) M. L. Catea, City Secretary I, (name), the duly elected, qualified and acting title) of the City of Georgeetawn public agency), do hereby certify that the foregoing resolution was City Council City of legally adopted at a meeting of the (governing body) of the (public Geo rge tam February agency) ldulyheldonthe9thdayofmonth19_Aa pnd that said resolution has been compared by me with the original thereof on file in my office and is a true copy of the whole of said original. IN WITNESS WHEREOF, I have hereunto set my hand and seal of the City of Geo rge t oven public agency), this9th day of month), 19_4.3. SEAL) signature t City Secretary, City of Georget- own. title) CAA Form AP -4 Rev. 7/8/41) EXHIBIT A CERTIFICATE City Attorney OF (Chief legal Officer) Page 7of7 City of Georgetown. W* H* Nunn City Attormy City of I. (ns+e), the duly appointed and qualified title) of the (public Geor tt a en , having read the proposed resolution heretofore submit te to the City of Georgetova public agency) by the Administrator of Civil Aeronautics, the adoption of which is required as a condition precedent to the development of the THE GEORGErOIrS AIPORT, name of airport to be established or improved) Airport, do hereby certify: City of Georgetown 1. That theA( public agency) has title in fee simple to all the lands comprising the landing area of said Airport, and to all the lands to be improved under the Project mentioned in said resolution, which lands are shown on the attached sketch, and that said lands are held free from any lien or encumbrance. City of Georgeto`n 2. That thei(public agency) has the power to adopt said resolution and to perform all of the covenants and conditions contained therein. 3. That there is no pending or threatened litigation or other legal proceeding which might adversely affect the prosecution of said Project, the operation of said Airport, or the performance of any of the covenants contained in said resolution. City Attorney, City of Georgetown. title) Attachment) PC -,107_7 `? M( Z,,dts4-t S 3 G RMOLUTION OF TSE CITY COUNCIL CITY OF MORGETOMe IN RE: THE GEORG:LTOWN =ORT.