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HomeMy WebLinkAboutOrdinances Book 13, Page 349, No Ordinance Number349 AN OR.DINAiICE ADOPTIIIG AJ7D APPROVIiIG THE PROJECT APPLICATION ACCEPTING THE GRANT OFFER FR.OIJ TILE UNITED STATES OF A.1RICA, ACT1PiG BY AND THROUGIi THE CIVIL AEROI?AUTICS ADIiINISTRATOR, TO THE CITY OF PADUCAH AED I=cCRACKEN COUNTY, KENTUCKY, III THE AI-IOUIT OF .;;1002000.00 FOR THE FUTURE DEVELOPImIMIT OF BARKLEY FIELD, AILD AUTHORIZING TiiE EXECUTION OF THE GRAiIT AGREEI,UMIT OI? BEIIA_LF OF THE CITY OF PADUCAIi, KENT UC KY BE IT ORDAINED BY THE BOARD OF COi.3;IISSIODLRS OF TIIE CITY OF PADUCAH, KENTUCKY: SECTIOD? 1. That tha project application submitted by the City of Paducah and I-cCracken County, Kentucky and Paducah ALODort Corporation to the Civil Aeronautics Administrator under date of February 19, 1955 is hereby ratified and adopted, including all statements, representations, warranties, covenants and agreements.: contained therein. SECTIOI'. 2. That the Grant Agreement dated I•Iay 24, 1955 from the United States of America, acting by and through the Civil Aeronautics Administrator, to the City of Paducah and McCracken County, Kentucky, for Federal assistance for future development of Barkley Field (Project Ao. 9-15-011-504) is hereby accepted, and which Grant Offer is set forth as follows: "DEPARTMENT OF COD1-1ERCE Civil Aeronautics Administration Washington 25 GRANT AGREEA3ENT Part I -Offer Date of Offer May 24, 1955 Contract No. Clca 49-A Barkley Field Project No. 9-15-011-504 TO: Citof Paducah, Kentucky and County of McCracken, Kentucky Therein referred to as the "Sponsor") FROM: The United States of America (acting through the Administrator of Civil Aeronautics, herein referred to as the "Administrator") 69HEREAS the Sponsor has submitted to the Administrator a Project Application dated February 19, 1955 for a grant of Federal funds for a project for development of the Barkley Field (herein called the "Airport"), 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 development: Land acquisition* construct and pave 150 feet by 1000 feet extension of the southwest end of the NE/SW Runway; install elevated medium intensity lights on said extension; turfing. (The airport development to be accomplished herein described, is in addition to that contemplated under the Grant Agreements between the Sponsor and the United States for Projects Nos. 9-15-011-901, 9-15-001-102 and 9-15-011-203.) 350 all as more particularly described in the property map and plans and specifications 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 consideration of (a) the Sponsor's adoption and ratification of the representations 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 ADMINISTRATOR, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' share of costs incurred in accomplishing the project, 50 per centum of all allowable project costs, subject to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be ;100,000.00 2. The Sponsor shall (a) begin accomplishment of the Project within a reason- able 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 and property map incor- porated herein_ as they may be revised or modified vrith the approval of the Administrator or his duly authorized representatives. 3. The Sponsor shall operate and maintain the airport as pro- vided in the Project Application incorporated herein. The maximum 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 Appli- cation, shall be as set forth in the attached schedule of maximum space requirements which is incorporated herein and made a part hereof. 5. Any misrepresentation or omission of a material fact by the Sponsor concerning the Project or the Sponsor's authority or ability to carry out the obligations assumed by the Sponsor of the United States, and it is understood and agreed by the Sponsor in accepting this Offer that if a material fact has been misrepresented or omitted by the Sponsor, the Administrator on behalf of the United States may recover all grant payments made. 6. The Administrator reserves the right to amend or withdraw this Offer at any prior to its acceptance by the Sponsor. 7. This Offer shall expire and the United States shall not be obligated to pay any of the allowable costs of the Project unless this Offer has been accepted by the Sponsor on or before June 30, 1955• 8. It is understood and agreed by and between the parties hereto that all payments under this Grant AEreement wibl be made to the Kenkooky Department of Aeron-auti.cs in recomition of the 31nns on ,?s — the application for this project and the restrict.1 on imposed upon_ :; c Sp'ozzo-n by I.entucky Revised Statutes 1£33.130, as amended. 9. It is further understood and agreed by and between the parties hereto that the Sponsor holds the property interests de- scribed in Paragraph 2 - Land- of the Project Application dated February 19, 1955 in those areas shown outlined in red on a property survey, Exhibit "A" attached to the aforesaid Project Application; that the land acquisition contemplated under this agreement includes only that 17arcel of land located on the westerly side of the airport property as shown on the aforesaid Exhibit "A" and entitled "Parcel to be 351 purchased for Channel Change"; and that the United States will not make nor be obligated to make any payment for the costs of land acquisition under the project until the Sponsor has submitted evidence that it has acquired property interests satisfactory to the Administrator in the aforesaid parcel. 10. It is also understood and agreed between the parties hereto that the Sponsor will not advertise for bids, award any con- tract or commence construction in connection with the turfing to be accomplished under the project until final plans and specifications for this turfing wort; have been submitted to and approved by the Administrator. 11. It is further understood and agreed between_ the parties hereto that prior to final payment by the United States under this Lgreement, and with or without Federal aid, the Sponsor will remove, clear or lower to the satisfaction of the Administrator, various trees and a pole line situated in the southwest approach to the NE -SW Runway and shown to be obstructions on Sheet 3, "Clearing Plan and Profiles - Southwest Approach of the approved project plana. 12. It is further understood and agreed by and between the parties hereto that, prior to final payment by the United States under this Agreement, and with or without Federal aid, the Sponsor will acquire property interests satis- factory to the Administrator in sufficient lands to provide the 26401 x 10001 clear areas required for the protection of the southwest approach of the NE/_SW Runway under the so-called "Doolittle" recommendations; and that the Sponsor will maintain this so-called "Doolittle" area completely free from all structures other than those required for aids to air navigation, unless otherwise authorized by the Administrator. 13. It is further understood and agreed between the parties hereto that the Project Application dated February 19, 1955, attached hereto and forming a part of this Agreement, shall be and is hereby amended to delete that paragraph immediately following Paragraph numbered 3 thereof, "Approval of other Agencies"; and to substitute in its place and stead the following: "The Sponsor hereby adopts and asserts as applying directly to this project the repre- sentations contained in paragraphs 1, 5 and 6 of Part II of the Project Application dated 3+Iay 24., 1951 for Project No. 9-15-011-102 and the Sponsor's Assurances contained in Part III of said Project Application, which are made a part hereof as though the same were expressly set forth herein." the Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and said Offer and acceptance shall comprise a Grant Agreement, as pro- vided by the Federal Airport Act, constituting the obligations and -rights of the United States and the Sponsor with respect to the accomplishment of the Project and the operation and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's 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 AVERICA THE ADI,ZNISTRATOR OF CIVIL AERONAUTICS By E. S. Hensley Acting Regional Administrator, Region One Part II 0 Acceptance The City of Paducah Kentucky, County of i-icCracken, Kentucky do hereby ratify and adopt al'1 staterien•ts, -represen•tati ons= warranties, covenants and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and do hereby accept said 352 Offer and by such acceptance agree to all of the terms and conditions thereof. Executed this day of 19_j SEAL City of Paducah, Kentucky ATTEST Title SEAL ATTEST Title: CERTIFICATE OF SPONSOR'S ATTORNEY By _ Title County of !,cCracken, Ker_tuck;= By Title I,, acting as Attorney for the City of Paducah, Kentucky do hereby cert if 3T: That I have examined the foregoing Grant Agreement and the proceedings taken by said City of Paducah relating thereto, and find that the Acceptance thereof by said City of Paducah has been duly authorized and that the execution thereof is in all respects due and proper and in accordance r:ith the laws of the Comraonr:ealth of Kentucky, -),rt-her ; h -'-h, in mfr opinion said Gran- K •�.�,��nt con, , ?egal and binding obligation of the City of Paducah, Kentucky in accprdance with the terms thereof. Dated at This Title CERTIFICATE OF SPONSORS ATTORNEY day of 19 I, , acting as Attorney for County of McCracken, Kentucky, do hereby certify: That I have examined the foregoing Grant Agreement and the proceedings taken by said County of VicCracken relating thereto, and And that the Acceptance tthereof by said County of McCracken has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the lays of the Commonwealth of Kentucky and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the County of McCracken, Kentucky in accordance with the terms thereof: Dated at this day of Title BARKLEY FIELD PADUC AH, KENTUCKY PROJECT NO. 9-15-011-501 SCHEDULE, OF I IAKII=Ui: SPACE REQUIRE IENTS (I?et operating space excluding halls, stairs, walls,,partitions, lavatories, etc.) CCA ACTIVITIES AI?D EQUIPI-ENT 1900 sq. ft I EATHER BUREAU 11 it 0 sq. ft 353 SECTIOIT 3.t That the 1.,ityor of the City of Paducah, K,7ntucky be, and lie is hereby, authorized and directed, for and on behalf of the City of Paducah, in connection lith the proper i--XCrIlckcn Col-111-ty O'fic'als, ''h0 si_'T zlir! 0 e -Z c')t- said Grant, Offnr, anr� the r)f s --id a­re-)iient by sa", rl -"o- sll,01 ba attested by th� 1.7110 Is hereby air,';horized to affix the official seal of the City and to attest the execution of the Agreement on behalf of the City of Paducah. SECTION L,. T#is ordinance shall be in full force and effect from and after its passage., approval and publicatioh as required by law. Passed by the Board of Commissioners June 14, 1955 Recorde4 by Sarah Thurman, City Clerk, June 14, 1955.