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HomeMy WebLinkAboutResolution 504 Bozeman Municipal Airport 1 ~)() 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 I 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 1 ~)~) 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 I I .-