HomeMy WebLinkAboutResolution 504 Bozeman Municipal Airport
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cm.nUSSIOH Rr::::;OLUTIOK NO.
504
A R~~SOLUTIC:}.f
OF TH:'~ COMr\'~ISSI()}T OF 'rIITi; CI'I'Y OF BO.;':J'iL4N, MOKTAI.;i'., CON::.;TI+
TITTING ITS
i\GRET~lF~nT ~;~'I'I'E TH2: UKIT-~SD S'I'A'J.':.';S Ri~LATIVE 'TO op;-m,'\TIOF AITD
?FA'[I-,iT'E:NJdWS:
0,:," 'I'r!I~ BOZH:Ml\f' ~i!1Jt,!I:;rp.,=- AIEPOR'r
WHEREAS, the
Administrator of Civil Aeronautics of the United States Department of
Commerce (Eereinafter referred to as
" Adminis tra tor" ) , acting pu
rsuant to the terms of
the Department of Commerce Appropriation Act, 1942
(Public Law 135, 77th
Congress, Title I
II), has desingated as necessary for national defense a project
(herein called the "Pro-
ject" ) for development of
the Bozeman Municlpal Airport (here in called the II Airl::>ort" ) ,
wb:i.ch project. is identified as 8-904-24-2; and
VlrfEREAS, as
a condition precedent to release and operation of the l;ro je ct,
the Adm-~_n-
is tra tor required thn t The Ci t;T of Boz eman (herein
cnlled the "Cit:v") 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 a~reom8nt witt the Uni ted Sta tes
(herein callecl tLe "Government") ,
in the
manner and form hereof; and
WH':R';:AS, The
City of Bozeman is legally, financ~ ally,
and otherwise able to enter
1n to such an 8.\7reemen t and des ires to
a vail :i tse1f of the benefits of prosecution of
the Project; now, therefor e,
BE IT RESOLVED BY THE COMT..HS;::'IOl;
OF' THE: CI1'Y OF BOZi-;;11,1AN:
See tion 1.
That for and in consideration of development of the Airport by the
Jovern-
ment as contemplated by the Prlject, the Ci ty does hereby
covenant and agr'",'B wi th the
Government as follows:
(a) The Government
shall have the right to develop the Airport as it sees fit,
in- I
c1ud.:i.,ng the right to determine the exact nature of
the improvements to be made under the
Project, the manner in wbicb
the ::roject is to be aomIncted, the amount of Federal funds
to be expendei1, and all other mntters relating to the Project.
The City will cooperate
wi tL the Governmen t to enS1Jre pros eC'l tion of
the Pro j ec t wi thou t in terferenc e or hin-
drence, and aCJ;rees to permit the op;ents and employees of
the Government, and all persons
Bl1thorized by the Adrnlnistrator, to enter upon, use,
and occupy the Airport as
the Admin-
istrator may deem necessary or desirRble in connection
wit1:: the conduct of the Project.
(b) The Citv 8.Q'rees
to indeY:!nify and Save b1rmles2
the Government aga.ins t an:~ from
~) "".,.,J
any and all claims and damages whicb may arise fro'T< or in connec tion wi tl~ the carrying
out of the Project, excepting claims
for materlR.1s f1Jrnished or work performed pursuant
to authority given by officers, employees,
or agents of the Government.
(c) It is unders
toad 8.nd agreed thn tall iYT1provements ID'1de under the Pro ject shall
be the sole and absolute property of the City, except
where specifically agreed otherwise,
in wr1 ting, prior to
the undertaking of the improvemen t or ins talla tj.on in question.
(d) '11he Ci ty
agrees the t, continuousl:v during the
term of this agreement,
the AirDort
will be opG~ated 8S SlJ ch,
an~~ for no other purpose, and that lmles. utilized e;'cll1sivc'ly I
for mi1itgry purposes, it will'; tall
t~i.m8s be oper" tcd for the us e and benefit of the
pnblic, on reason able ter
ms and without unjllst cUscrimin8tion, and 'I'li.thout grant or ez~er-
cise of any exc11Jsive right flr use of the Airport within
the meaning of Section 303 of
the Civil Aerons'!.ltics l\ c t 0 fIg 3E~ .
( e ) 'The
City agreen tha t :t t will a tall times dlJring tl:e term of
tl.is agreement
muinta:i.J:"1 in good nnd serv:i.ceuble concH tion and repair tile ent:i.re 1:4n::1in0 area of the
1~J7
Airport and all improvements,
facilitios, and equipment whicL have been or may be made,
constructed,
or installed wIth Fede~al aid, :tncluciing all
improvements made lmeter tbe 2ro-
,ject, other
than facilities and equIpment owned by the Government.
( f) Insofar as is within its powors and reasonably possible,
the City will prpvent
any use of land wither within or outaile
tl:e bnunl"ri c, c-r the
i\irport, in':; JuJ:.;][: tJ.c cCJT"!-
I s truc ti on,
erectlon, al tera tion, or growth,
of any 3 trvc t'Jre or 0 thaI' 0 b.i e c,; t tJJoreon, which
would be a hazard to the land:tnQ' ,
taking-off, or maneuvering of aircraft at the Airport,
or otherwise limit its 1,lSef111ness as an air!~ort.
(C) In order to protect tte rj_r;hts and interest,,:~ of the Government lmder -t}-:is Reso-
111 tion,
t11e G i t"':T arrr.'I~C e 8 that it will not enter into any transactIon wh:i.cb 'Jvc"11d op'"rate
to deprive it of any of the rir~hts and powers nece ,-:snry to perforrn
any or all of the cove-
nants made heri:dn, unless by such trarJsact:i,on
the obliga tLm to perform nIl SUCl: COVem{n ts
is assuemd by another public agency.
Section 2. Tha t the Ci t;:; does hereby warrant and represen t
to the Government as follows:
(a) That the City has title
in fee simple to all the l~mds cOP.lprisi,ng the lanc1ing
area of the airport as orig:i.nally lair
ou t and planned; and also
to all tY,e It~nds compris-
ing the landing area as now planned,
except tha t portion of tIt e public road. necessary
for the proposed extensio~ of the north and south runway as
shown on the sketch attached
her<:'to as a part of Exhibi t A.
That the necessary steps to acqu ire
the necessary port:i.on
of said public road for such extension have been taken and are expected
ta be completed
and title acquired
before 2. t will be necessary to malee said extension. 'I'l:'.at said lands
I are free from an:r lien or eDclJmbrance.
(b) That the City has the power and autlwri ty to adopt this resolutinn and
to per-
form all of the covenants contained therein;
(c) That the City is financially and practically abls to perform
all of the covenants
contained in this resolution;
( d) That there is no pending or threa tened Ii tiga tion
or other legal proceE)dlng, and
no material and relevant fact,
which might adversely affect the prosecution of the Fro,ieet,
the ope ra tion of the Airport,
or the performance of an: of the covenants contaIned in this
resolution, which has not been brought to
the attention of the Adm:1nistrator;
( e) 'l'ho. t the 01 ty Commis sion of the C1 ty has complied with all requirements of law
in adopting this rAsolutlon.
(f) That such of the above rapresentations and warranties
as involve questions of
law are made upon the advice of
the Dirac tor of the Department of Law and City Attorney
of the Ci t".",
whose certificate as to such matters has been previously delivered to
the
0:1 ty Commisl~ ion and is
finnexed hereto and made a part hereof, as Exhibit A.
Sec tion 3. Tbat Cit:r Attorney and City Manacer be and they are authorized to fur~dsh
I the AdmInistrator such legal and factual information relative
to the Airport, the Pro j ec t,
and this resolutl.on as he may reasonably request.
Section 4. That Section I and 2 of this resolution sh811 become effective upon the
award of any construe tion contrnc t 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.
--
19R
Sec tion 5. The.
t two certified copies of this Resolu tion be sent forthwi th to tL e Ad-
m:i.nistrator, throur:;}; the Regional Manager of Civil Aeronautics,
Boeing Field, Seattle,
Washington.
Passed and adopted by the unanimous vote of the City Corrrnis",ion at
a rer.;olar meeting
of said Commission held on tri8 l5tb day of August,
1941.
.
Attest: tfI ~.
I
G~k~~~ion- cd::~~ 0-
CERTIFICATE
OF CLERK OF THE CITY CC!.::.:I3SIU}, .
I, L.
G. Shadoan, the dlJ ly appoin ted,
oualified and acting Clerk of the City Com-
mission of The City of Bozeman, Montana,
eJo hereby certify that the foregoing resolution
W8.S legally adopted at a mHEting of the City COmmis,'ion of The City of Bozeman duly held
on the 15th day of August, 1941, and
that said resolution has been compared by me with
the original thereof on file in my "ffice and is a true copy of the whole of said original.
IN WITKESS IWTEREOF,
I have hereunto sey my hand and seal of 'J.'he Ci ty of Dozeman, this
16th day of August, 1941.
~fJJ~/~/.. .-
Clerk of tl':e Cot'1nlis sion
EXHIBIT A
CERTIFICi\'rli; 01.1 CITY l\.'I'TORNEY
State of Montana )
County of Gallatin )
ss
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The I]i ty of Bozeman )
I, Walter Aitken,
the duly appo1_nted, "1Ja1i1'i ed and ac ting Direc tor of Ute :iJepartmen t
of Law and City Attorney of The City of Bozeman,
Montana, having read the propos eel resolu-
tion heretofore submitted to the Ci ty Comr.1is~1ion of
said ci ty by the administra tor of
Civil Aeronautics, the ado~Jtion of which is reqlJired as a
condition precedent to the
development of the Bozeman Airport, do hereby certify:
1. That except
as to tho. t portlon of the public road to be crossed by the extens
.'-on
sou thwarcl of tbe nortl-1
and south rlJnway of said Airport as shovm on
the sketch a1tached to
said resolut:i.on QS Exhibit A, '1'ho City of Bozeman has
title in fee
simple to all of the lands
compris~rg said Airport, and to all
the lands to be improved. lmder the
project mentioned
in said resohltion, wllich lands are shown on the attached slcetcb,
and th~t SRid lands are
free from any lion or enCllmbrance.
2. Tha t as
to the exceptIon men t1 oned Paragraph 1 hereof, the necessary steps to ac-
Quire title to
tte portion of tte county road. ne~liJed for tl~e proposed extenslon southward
of the north and soutl: runway of said Airport as
shown on the a ~~tached 81\:8 tct: hE,ve been
taken; thst the County COYJ1Jnisd..cmers of Gallatin County,
~.~nn tana, being the official agency
I
havi~g control of and jurisdiction over said road,
have stated their intention to vacate
the sane so far as may be necess':.:ry to provide for tbe reqlJired extension of said north
and sou th runway and are proceeding to tha t end as by law reqllired and as rapidly as
the
necessary statlJtory procedllre will permit.
3. That The City
of Bozerean has the power to adopt said resolut1on and to perform.
all of the covenants and conditions contained therein.
_u
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4. That
thaI'e is no pending or thre~'1 tened li tiga tion or other legal proceeding 'which
might adversely affect the prosecution of said Project,
the operation of said Airport, or
trle performance of any o~ the covenants con tained in said reso lu tioD.
.
WALTER AITKEN (~igned)
I
Director of tbe Departmen t of
Law and City Attorney of The
City of Bozeman, Montana
Ste. te of rlontana )
) ss
County of Gallatin )
I, L.
G. Sha(loan, Clerlc of the Commission
of The C1 ty of BozemBn do hereby certify
thr:-l t the forego ing Resolution No.
504, was published by title and Number in the Bozeman
Daily Chronicle,
a newsp-'lper of generAl circul'=ition, printed and published in said Ci t~,r
in the i8P1JO of Angus t 22nd,
1941, and that due proof is on file in my office.
IN '.HTNESS i,i'-E'~R:W:F' I hereun to set my hand and affi ,.
the seal of my office tIll s
23rd day of August,
1941.
~ )d~-~~-"/~/
Clerk of the Comnds s ion
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