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HomeMy WebLinkAboutResolution 1553 Joint Resolution with County Conveying Gallatin Field to Gallatin Airport Authority _______..u._ 406 ..... ...... ..~ COMMISSION RESOLUTION NO. 1553 \ d _\,-r~) ......." ",-,,;,r,t'...., . E,U,J}:. ...--'0.. JOINT RESOLUTION OF TIlE COUNTY OF GALLATIN, MONTANA, AND CITY OF BOZEMAN, .......". ~.. MONTANA, CONVEYING AND TRANSFERRING THEIR INTERESTS IN AND OBLIGATION WITH RESPECT TO GALLATIN FIELD TO THE GALLATIN AIRPORT AUTHORITY. BE IT JOINTI..Y RESOLVED AND AGREED BY THE COUNTY OF GALLATIN, MONTANA AND THE CITY OF BOZEMAN, MONTANA, AS FOLLOWS: Article 1. Reci tals I Section 1.01. By Joint Resolution No. 512 of the City of Bozeman and County of Gallatin, Montana, adopted July 3, 1942, the City and County provided for the joint operation and maintenance of the municipal airport (known as Gallatin Field), theretofore owned, operated and maintained solely by the City and partially improved pursuant to an agreement between the City and the Civil Aeron- autics Commission entered into August 15, 1941. On July 31, 1942 the Board of County Commissioners and the City Commission, by Joint Resolution No. 518, created a joint airport board and conferred upon the board jurisdiction for the improvement, equipment, maintenance and operation of the airport. Section 1.02. Pursuant to said joint resolutions the Airport Board has provided for the operat- ion, maintenance, improvement and equipment of Gallatin Field, in cooperation with the City and County. In order to finance necessary capital improvements to the airport, the County has issued its general obligation bonds in the aggregate principal amount of $285,000.00, of which amount $174,000.00 is presently outstanding. In addition, both the City and County have levied taxes pursuant to the authority conferred by Title 1, Section 1-804, R.C.M., 1947 for the payment of the expenses of operating, maintaining, improving and equipping Gallatin Field. However, taxes levied and collected by the County have accounted for substantially all of the tax revenues which have been used for payment of the costs of Gallatin Field. Section 1.03. Existing facilities at Gallatin Field are inadequate to service the present and projected air traffic from both commercial and private users of the airport and substantial improve- ments to the airport will be necessary in order to provide adequate facilities. Section 1.04. Title 1, Chapter 9, R.C.M., 1947, authorizes a county to create a municipal airport authority for the purpose of acquiring, improving, equipping, maintaining and operating an I airport. Pursuant to discussions by and among the City Commission, the Airport Board and the Board of County Commissioners, it has been determined that the necessary improvements to Gallatin Field and the present and projected functions and operations of Gallatin Field can be made and performed most economically and efficiently and with greatest benefit to the citizens of the County and the traveling public by the Creation by the County of municipal airport authority pursuant to Title 1, Chapter 9, R.C.M. 1947. Section 1.05. In consideration for the creation by the County of a municipal airport authority pursuant to Title 1, Chapter 9, R.C.M. 1947, to own, improve, equip. maintain and operate Gallatin Field and the assumption by the authority of all liabilities, debts, and obligations of the City, County and Airport Board with respect to Gallatin Field (Except the debts and obligations of the County represented by $174,000.00 general obligation bonds issued for airport purposes, which shall continue to be the obligation of the County), and provided that the Authority shall have no power to exercise or direct the exercise of the City's taxing powers, and only such limited power 85 set forth herein to exercise or direct the exercise of the county's taxing power, the City, County and Airport Board agree to grant, convey and transfer to the authority their entire right, title and interest in and to the real and personal property of the City, County and Airport Board situated with the boun- daries of or used solely in connection woth Gallatin Field. Section 1.06. By Resolution No._, entitled "Resolution Creating Municipal Airport Authority under Title 1, Chapter 9, R.C.M. 1947, and Providing for its Operation and Administration", adopted 22 November 1972, the Board of County Commissioners of Gallatin County, Montana has created the Gallatin Airport Authority provided that the Authority shall own, operate, maintain, equip and im- I prove Gallatin Field; shall assume all debts, liabilities and obligations of the City, County and Airport Board with respect to Gallatin Field (Except the obligations of the County represented by $174,000.00 general obligation bonds issued for airport purposes, which shall continue to be the obligation of the County); and shall have no power to exercise or direct the exercise of the City's taxing power, unless expressly approved by resolution of the City Council of the City of Bozeman, and only such limited power as set forth in said Resolution to exercise or direct the exercise of the County's taxing power. COMMISSION RESOLUTION NO. 1553 .-.-...-- .--.-.-.-....--- ... _..._~.._---_. 407' ARTICLE 2. , Section 2.0!. Pursuant to the authority conferred by Section 1-819, R.C.M. 1947, and Title 1, Chapter 9, R.C.M., 1947, and in consideration for the creation by the County of the Gallatin Airport Authority to own, improve, equip, maintain and operate Gallatin Field and to assume all liabilities, debts and obligations of the City, County and Airport Board, and provided that the authority shall have no power to exercise or direct the exercise of the City's taxing powers, and only such limited I power as set forth herein to exercise or direct the exercise of the county's taxing power, it is determined to be in the public interest and in the interest of both the City and County to, and the City and County hereby jointly and separately do, grant transfer and convey all right, title and interest in and to Gallatin Field, including all real and personal property of the City, County Airport Board situated within the boundaries of or used solely in connection with Gallatin Field. The Chairman of the Board of County Commissioners, the Mayor of the City and such other County and City officers, and officers and members of the Airport Board as are necessary, are authorized and directed to execute all documents, instruments and agreements necessary or desirable to effect such assumptions, transfers, grants and conveyances and in particular to vest in the Authority good and marketable record title in fee simple to all real estate now owned by the City, County or Airport Board and used or useful for the operation of Gallatin Field and all air navigation facilities appurtenant thereto. ARTICLE 3. Repeal Section 3.01. Joint Resolution No. 512 of the City of Bozeman, Montana and County of Gallatin, Montana, entitled "A Joint Resolution of the City of Bozeman and the County of Gallatin, Montana, Providing for the Joint Operation and Maintenance of the Municipal Airport Now Under Construction on Section Six (6), Township One (1) South, Range Five (5) East, in Gallatin County, Montana", and Joint Resolution No. 518 of the City of Bozeman, Montana and County of Gallatin, Montana, entitled "An Agreement and Joint Resolution of the City Commission of the City of Bozeman, Montana and of the Board of County Commissioners of Gallatin County, Montana, in Regular Session Assembled, Creating a Joint Board and conferring Upon Said Joint Board Jurisdiction for the Improvement, Equipment, I Maintenance and Operation of Gallatin Field, Otherwise Known as Bozeman Airport, Pursuant to a Joint Resolution of Said City Commission and Said Board of County Commissioners, Adopted by said City Commission in Regular Session Assembled on the 3rd Day of July, 1942, by said Board of County Commissioners in Regular Session Assembled on the 22nd Day of July, 1942, and Also Pursuant to the Authority and Power So To Do Conferred by the Provisions of Chapter 420 of the Political Code, Revised Codes of Montana, 1935, as Amended by Chapter 54 of the Laws of the 27th Legislative Assembly of the State of Montana, 1941" are hereby repealed. DATED: 22 November 1972. BOARD OF COUNTY COMMISS lONER OF GALLATIN COUNTY, MONTANA By: Ralph Armstrong, Chairman ATTEST: By: Carl L. Stucky Clifford Pasha Walter R. Sales CITY OF BOZEMAN, MONTANA WILLIAM E. GRABOW, Mayor (:. ' ATTEST: Commission State of Montana I County of Gallatin City of Bozeman I, Erna V. Harding, Clerk of the Commission of the City of Bozeman, do hereby certify, that the foregoing Resolution No. 1553 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in Bozeman in the issue of 1 December 1972, and due proof of such publication is on file in my office. IN WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office this 1st day of December 1972. ('-) I' ,-:/,,:-)-'1<</ ;;;, ERNA V. HARDI G Clerk of the City Commission COMMISSION RESOLUTION NO. 1553