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HomeMy WebLinkAboutOrdinances Book 10, Page 593, No Resolution NumberPa o 593 I RESOLUTION CONSTITUTING ACh [ ;I-II CFIE UNITED STATES RELATIVE TO OPERATION AN P:f� PADUCAH AiID �CCRACKEN COUNTY AIRPORT VffEREAS, 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 Con-,ress, Title II), has designated as necessary for national defense a project (herein called the "Project") for development of the Paducah and i.TcCracicen County Airport (herein called the "Airport"), which project is identified as S- ; and ii.aE S, as a condition precedent to release and operation of the Project, the Administrator requires that the City of Paducah end the Count;; of I,icCracken, State of Kentucky (herein called the "Paducah and :•;cCracken County Airport") have title in fee simple to the landin- area of the Airport and the lands to be improved under the Project and enter into an a;;reement with the United States (herein called the "Government"), in the manner and form hereof; and, i -J'.1Eh1AS, the City of Paducah and the County of ':,cCrafken, State of Kentucky, is legally, financially, and otherwise able to enter intos uch an agreement and desires to avail itself of the benefits of prosecution of the Project; NO'N, THEREFORE, BE !P RESOLVED BY TiEBOARD OF i MMir:ISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That for and in consideration of development of the Airport by the Government as contemplated by the Project, the City " Paducah in conjunction with the County of :.:cCracken State of Kentucl does hereby covenant and agree with the Government as follows: (a) The Government shall have the ri-.ht 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 Hund to be expended, and all other matters relatln,; to the Project. The City of Paducah in conjunction with the County of ;..cCracken, State of Kentucky will cooperate with the Government to ensure prosecutio of the Project without interderence or hindrance, and agrees to permit the aents and employees oC 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. (b) Phe City of Paducah in c onjunction with the County of 1:11cCracken, State of Kentucky agrees to indemnify and save harmless Page 594 Government against and from any and all claims and dama;es which mag arise from or in connection with the carrying out of the Project, excepting claims for materials furnished or work performed pursuant I to authority given by officers, employees, or agents of the Govern- ment. (c) It is understood and agreed that all improvements made under the Project shall be the sole and absolute property of the City of Paducah in conjunction with the County of MCCracken, State of Kentucky, except where specifically agreed otherwise, in writing;, prior to the undertaking of the improvement or installation in quesition. (d) The City of Paducah in conjunction with the County I of b'cCracken, State of Kentucky agrees t:iat, continuously durin" the term of this agreement, the Airport will be operated as such, -a nd.f"r no other 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 Ure Airport within the meaning of Section 303 of the Civil Aeronautics Act of 1938. I (e) The City of Paducah in conjunction with the County of McCracken, State of Kentucky, a rees that it will at all times during the term of this a.;reement maintain in ;ood and servicable condition and repair the entire landing area of the Airport and alli improvements, facilities and equipment which have been or may be made, constructed, or installed with Federal aid, includin;- all improve cents made under the Project, other than facilities and equipment owned by I the Government. (f) Insofar as is within its powers and reasonably possible, I the City of Paducah in conjunction with the County of MicCracken, State of Kentucky will prevent any use of land either within or outside the boundaries of the Airport, including the construction, erection, alteration, or growth, of any structure or other object I thereon, which would be a hazard to the landing, taking -off, or maneuvering of aircraft at the Airport, or otherwise limit its I usefulness as an airport. (�) In order to protect the rihts and interests of the Government under this resolution, the City of Paducah in conjunc- tion with the County of McCracken, State of Kentucky, aLrees that it will not enter into any transaction which would operate to deprive it of any of the r i hts and powers necessary to perform any or all of the covenants made herein, unless by such 'transaction the oblia- tion to perform all such covenants is assumed by another public a.;ency. SECTION 2. That the City of Paducah in conjunction with the County of :.^.cCracken, State of Kentucky, does hereby warrant and represent Page 595 to the Government as follows: (a) That the City of Paducah in conjunction with the County of McCracken, State of Kentucky has title in fee simple to all the lands comprising the landin; area of the Airport and to all lands to be improved under the Project, which lands are sho,vn on th sketch attached hereto as part of Exhibit A, and that said lands ar held free from any lien or encumbrance; (b) That the City of Paducah in conjunction with the County of McCracken, State of Kentucky, has the power and authority to adopt this resolution and to perform all of the covenants con- tained therein; (c) Chat the City of Paducah inc onjunction with the ,.County of P.TcCracken, State of Kentucky, is financially and practically. able to perform all of the covenants contained In this resolution; (d) That there is no pending or threatened litization or other le al proceed:in and, no material and relevant fact, which might adversely affect the prosecution of the Project, the operatio ln of the Airport, or the performance of any of the covenants contained in this resolution, which has no:; been brou-ht to the attention of the Administrator; (e) That the Board of Commissioners of the City of Paducah has complied with all requirements of law in adoptin.- this resoluti n. (f) That such of the above representations and warranties as involve questions of law are made upon the advice of the Corporation Counsel of the City of Paducah and the County Attorney of ."cCracken County, Kentucky whose certificate as to such matters has been previously delivered to the Bca rd of Commissioners and is annexed hereto and made a part hereof, as Exhibit A. SECTION 3. That the Corporation Counsel of the City of Paducah be and he is authorized to furnish the Adminsstrator 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 porti�n of the Project or the inauguration of any portion of the Project un er force account, and shall ontinue in full force and effect durin t e useful life of the improvements made under the Project. SECTION 5. That two certified copies of this resolution be sent forthwith to the AdministraLor, through the e_,ional ;:'ana�-,er of Civil Aeronautics, 1161 I.§erchandise hart, Chica-o, Illinois. Pave 596 SECTION 6. This Resolution shall be in full force and effect from and after its adoption. D i:_ayor Passed by the Board of Commissioners, October 21, 1941 Recorded by Rudy Stewart, City Clerk, October 22, 1941.