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HomeMy WebLinkAboutOrdinances Book 12, Page 442, No Ordinance NumberL4.2/ AN ORDINANCE ADOPTING AND APPROVING THE PROJECT APPLICATION, ACCEPTING THE GRANT OFFER FROM THE UNITED STATES OF AMERICA ACTING BY AND THROUGH THE CIVIL ARRONAUTICS ADMINISTRATOR TO THE CITY OF PADUCAH AND McCRACKEN COUNTY, KENTUCKY, IN THE Al�,OUNT OF Q`37,500 FOR THE FUTURE DEVELOPMENT OF BARKLEY FIELD AND AUTHORIZING THE EXECUTION OF THE GRANT AGREEMENT ON BEHALF OF THE CITY OF PADUCAH, KENTUCKY BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS, TO --WIT: SECTION 1. That the prpject application submitted by the City pf Paducah and McCracken County, Kentucky, to the Civil Aeronautics Administrator under date of May 24, 1951, is hereby ratified and adopted, including all statements, representations, warranties, covenants and qgreements contained therein. SECTION 2. That the grant offer dated June 1$, 1951, from the United States of America, acting by and through Civil Aeronautics Administrator to the City of Paducah and McCracken County, Kentucky, for federal assistance for future develop- ment of Barkley Field (Project No. 9-15-011-102), is hereby accepted, and which grant offer is Het forth as follows: Form ACS - 1632 (5-49) Page 1 of 5 pages DEPARTMENT OF COMMERCE CIVIL AERONAUTICS ADMINISTRATION WASHINGTON 2 5 GRANT AGREET:EIIT Part I - Offer Date of Offer June 1$, 1951 Barkley Field Airport Project No. 9-15-001-102 Contract Serial No. C3ca- 6993 To: City of Paducah, Kentucky and County of McCracken (herein referred to as the "Co-sponsors") FROM: The United States of America (acting through the Administrator of Civil Aeronautics, herein referred to as the "Administrator") WHEREAS, the Co-sponsors have submitted to the Administrator a project Application dated May 24, 1951, for a grant of Federal funds for a project for de- velopment of the Barkley Field Airport (herein called the "Airp9rt"), together with plans and specifications for such project, which Project Application, as approved by the Administrator, is hereby incorporated herein and made a part hereof; and WHEREAS, the Administrator has approved a project for development of the Airport (herein called the "Project") consisting of the following described airport de- belopment: "Grade; drain; turf¢ fence; construct curb, gutter, sidewalk, truck and baggage ramps, retaining wall and crushed stone surfaced auto parking area; paveapron (approximately 2001 x 4501); approach clearance." (All in addition to the work previously approved under Project No. 9-15-001-901.) /.h3 all as more particularly described in the property map and plan and specifica- tions incorporated in the said Project Application; NOW THEREFORE, pursuant to and for the purposes of carrying out the provisions of the Federal Airport Act (60 Stat. 170; Pub. Law 377, 79th Congress) and in con- sideration of (a) the Co-sponsors' adoption and ratification of the representa- tions and assurances contained in said Project Application, and its acceptance of this Offer, as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and the operation and maintenance of the Airport, as herein provided, THE ADi•iINISTRATOR, FOR AND ON BEHALD OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' share of costs incurred in accomplishing a project, 50 percentum of all allowable project costs, subject to the following terms and conditions: 1. The masimum obligation of the United States payable under this Offer shall be 07,500 2. The Co-sponsors shall (a) begin accomplishment of the Project within a reasonable time after acceptance of this Offer, and (b) carry out and complete the Project in accordance with the terms of this Offer, and the Federal Airport Act and the Regulations promulgated thereunder by the Administrator in effect on the date of this Offer, which Act and Regulations are incorporated herein and made a part hereof, and (c) carry out and complete the Project in accordance with the plans and specifications incorporated herein as they ray be revised or modified with the approval of the Administrator or his duly authorized representatives. 3• The Co-sponsors shall operate and maintain the Airport as provided in the Project Application incorporated herein. 4• The masimum amounts of building space which the Sponsor shall be obligated to furnish Civil Agencies of the United States for the purposes and on the terms and conditions stated in Paragraph 9 of Part III of the Project Application is set forth in the attached Schedule of Maxmmum Rent Free Space Requirements, which is incprporated herein and made a part hereof. 5• Any misrepresentation or omission of a material fact by the Co-sponsors concerning the Project or the Co-sponsors' authority or ability to carry out the obligations assumed by the Co-sponsors in accepting this Offer shall terminate the obligation of the United States, and it is under- stood and agreed by the Co-sponsors in accepting this Offer that if a material fact has been misrepresented or omitted by the Co-sponsors, the Administrator, on behalf of the united States, may recover all grant payments made. 5. The administrator reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Co-sponsors. 7. This offer shall expire and the United States shall not be obligated to pay any of the allowable costs of the Pro'ect unless this Offer has been accepted by the Co-sponsors within �0 days from the above date or Offer or such longer time as may be prescribed by the administrator in writing. I8. (Special provision) - It is understood and agreed that payments hereunder shall be made to the Kentucky Department of Aeronautics, in accordance with the requirements of Kentucky Revised Statutes, Section 183.130, as amended. 9.(a). Special condition)- it is further understood and agreed by the parties hereto that the United States shall not make, nor be obligated to make, finpl payments hereunder until the Co-sponsors have caused the removal of all structures, growths, or other obstructions necessary to provide clearance of the approaches at suvject airport in accordance with the standards established by the Adminis- trator in Office of Airports Drawing No. 814 dated April 26, 1950, unless other- Nise authorized by the .4idministrator/ i(b). Special condition) - It is hereby understood and agreed by the parties iereto that the United States will not make, nor be obligated to make, any rayraent under this Grant agreement until the lease between the Sponsor and 'Pdufah Airport Cprporation and the sub -lease between the Paducah tiirport lorporation and Kentucky Aeronautics Institute have been further supplemented nd amended to such extent as in the opinion of the administrator is necessary .o vest sufficient control of the Airport premises and the Co-sponsors to per- 'orm and assure performance of their obligation under this Grant Agreement, 444 particularly the obligation to operate the airport for the use and benefit of the public on fair and reasonable terms and without unjust discrimination and it is further understood and agreed that such agreement as amended will not be further amended or modified, other than by way of termination or cancellation, without approval in writing of the Administrator or his duly designated repre- sentatives; and it is further understood and agreed that the recognitimn by the Administrator of the relationship between the Co-sponsor and the Paducah Air- port Corporation and the Kentucky Aeronautics Institute shall not be construed as relieving the Co-sponsors of their obligation uhder this Grant Agreement or as making the lessee or sub -lessee a party hereto. The Co -sponsor's acceptance of this Offer and ratifi,Eation and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Co-sponsors, as hereinafter provided, and said Offer andcac- cepte.nce shall comprise a Grant Agreemett, as provided by the Federal Airport Act, constituting the obligations and rights of the United States and the Co- sponsors with respect to the accomplishment of the Project and the operation and maintenance of the Airport. Such Grant Agreement shall become effective upon the Co-sponsors' acceptance of this Offer and shall remain in full force and effect throughout the useful life of the facilities developed under the Project but in any event not to exceed twenty years from the date of said acceptance. UNITED STATES OF ADiERICA The Administrator of Civil Aeronautics By Carl McClure ACTING Regional Administrator, Region III PART II - Acceptance The City of Paducah, Kentucky and County of McCracken do hereby ratify and acopt all statements, representations, warranties, covenants and agreements contained in the Project Application executed on Dray 24, 1951 on behalf of City of Paducah, Kentucky and County of !•_cCracken, a copy of which is attached hereto and made a part hereof, and incorporated materials referred to in the foregoing Offer, and do hereby accept said Offer and by such acceptance jointly and severally agree to all of the terms and conditions thereof. Executed this 26 (SEAL) ATTEST: Sarah Thurman Total: City Clerk (SEAL) ATTEST: day of June, 1951. Tatle: CERTIFICATE OF CO-SPONSORS' ATTORNEY CITY OF PADUCAH, KENTUCKY By Stuart Johnston Title D4ayor COUNTY OF VICCRACKEN, KENTUCKY By Title I, __acting as Attorney for City of Paducah, Kentucky do hereby certify: That I have examined the foregoing Grant Agreement and the proceedings taken by said City of Paducah, Kentucky relating thereto and find that the ac- ceptance thereof by said City of Paducah, Kentucky has been duly author- ized and that the execution thereof is in all respects due and proper and in accordance with the laws of the State of Kentucky and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the City of Paducah, Kentucky in accordance with the terms thereof. Dated at this day of Title 951 1 acting as Attorney for County of !•.cCracken, Kentucky, do hereby certify: That I have examined the foregoing Grant Agreement and the proceedings taken by scid County of 1•.cCr2cken, Kentucky, relating thereto and find that the ac- ceptance thereof by said County of 1,cCracken, Kentucky has been duly author- ized and that the execution thereof is in all respects due and proper and in accordance with the lows o f the State of Kentucky and further thlt in mo inion, s.id Grant Alt reement constituted a legal and banding obligation of the CoLt', of !•.cCracken, Kentucky in accordance with the terms thereof. 445 Dated at . this dyy of ^1951 Title SCHEDULE OF L.I'tXIl U1. AEET FRES SPi.CE REQUIREi•tEIiTS CAA Activities and Equipment Airwav Communications Station Operating Room 400 Sq. ft. Chief Communicator's office 120 sq. ft Storage 80 sq. ft Equipment Room 170 sq. ft. Airport Traffic Control Towers Control Room Chief Controller's Office 150 sq. ft. Equipment Room 300 sq. ft. Storage Ro m 30 sq. ft. >x -The flour plan shall be square, rectangular, or polygonal. The square or rectangular plan shall not be less than 1L� feet nor more than 18 feet on a side, and the minimum and maximum diameter for the polygonal plan shall be 14 and 18 feet respectively. Communications ?aintenanae Office Storage 110 sq. ft. 50 sq. ft. Engine Generator Space 100 sq. ft. Weather Bureau Activities and Equipment - NONe SECTIOE 3. That the "ayor of the City of Paducah be and he is hereby a authorized and directed for and on behalf of the City of Paducah in conjunction with the proper McCracken County Officials to sign and execute said grant offer and execution of said agreement by the Mayor of the City of Paducah shall be attested by the Eity Clerk hereby authorized to affix the official seal and to attest the execution of the agreement on behalf of the City of Paducah, Kentucky. SECTION 4. This prdinance shall be in full force and effect from and zfter its passage, approval and publication, as required by law. Passed by the Boqrd of Commissioners 6-26, 1951 Recorddd by Sarah Thurman, City Clerk, 6-26-1951. c,iayor, Cita z Paducah, 'ertucky ATq' City Clerk I, Sarah Thurman, City Clerk of the City of Padu-cah, Kentucky, do hereby certify that the above is a true and correct copy of ordinance Ec. passed by the Board of Commissioners of the City of Paducah, i�entucky, on the 26 day of June, 1951,1 Given under my hand and seal of the City of Paducah, Kentucky, on 6-26, 1951 Sarah Thurman s e a 1 City Clerk, City of Paducah, Kentucky