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HomeMy WebLinkAboutOrdinances Book 11, Page 725, No Ordinance Number725 Ai: ORDINANCE APPROVING THE OPFER OF TIM FEDERAL GOVERM.-EIIT o PAY PART OF THE COST OF C0:;3TRUCTI IG A i;317 LIGHTING �z3TEIii T l iE BARTMEY AIRPORT O -. TIED BY THE CI TI 01 PAD;;CAIr, 1, EzNTUCh^, Z r,:oCRACKEN COUNTY, KENTUCIa BE IT ORDAINED al THE BOARD OF CO:.:.:I.;3I0.?ER3 OF Tris CITY OF ADUCAJI, '4ENTUC17Y: SECTION 1. That the City of Paducah, Kentucky, does hereby ratify and pprove all statements, representations, warranties and covenants ontained in the project application submitted by the City of Paduca nd County of ;.',cCracken, Kentucky, to the Civil Aeronautics Adminis- rator dated December 28, 1948, a copy of :dnich application is iled herewith and made a part hereof to the same extent as if copied herein. SECTION 2. That the City of Paducah also accept and approve the -rant offer ated AuCust 3, 19,10, from the United States of America by Regional adrainistrator George ;.. ';est, Region 3, Civil Aeronautics Adminis- 1brator, to the City of Paducah and I.:cCracken County, for federal ssistance for the construction of a lighting system on the Barkley airport owned by the City of Paducah and 1.:cCracken County, Kentucky, nder project No. 9-19-011-901, which grant offer is in words and 'iCures as follows, to -brit: Department of Commerce CIVIL AERONAUTICS AD74INISTRATION l`IASHINGTON 25 GRA;IT AGREEMEi'IT PART I - Offer Date of Oifer August 3, 1949 Paducah-,tcCracken County Airport Project No. 9-15-011-901 M: The City of Paducah, Kentucky and the County of L:cCracken, .entucky, as Co-sponsors. (herein referred to as the "Co-sponsors") .ROI': The United States of America (acting through the Administrat0 of Civil Aeronautics, herein referred to as the "Administratol"j. FITEREAS, the Co-sponsors have submitted to the Administrator a Projegt pplication dated December 28, 1948, for a L7rant of Federal funds for project for development of the Peducah-r.;cCrackc n County Airport herein called the "Airport"), together with plans and specification) or such project, which Project Application, as approved by the 9d- inistrator, is hereby incorporated herein and made a part hereof; nd 7ILREAS, the Administrator has approved a project for development of he Airport (herein ca'led the "Project") consisting of the followin escribed airport development: Re -habilitation of field lighting system; approach clearance. 11 as more particularly described in the survey map and plans and pecifieations incorporated in the said Project nrplication; T�REF'CRE, -pursuant to and for the purposes of carvyinc our the Provisions of the 17ederal Airport Act (30 Stat. 170; Pub. Law 377, a0th ConCrops), and in consideration of (a) the Co-sponsors, adoptio nd ratification of the reprecenta tions and assurances contained in 726 aid Project Arplication, and its acceptance of this Offer, as herein- after *provided, and (b) the benefits to accrue to the United .Mates and the public from the accomplishment of the Project and the operation and maintenance of the Airport, as herein provided, TI,% ADMINISTRATOR, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay the United States' share of costs incurred in accomplishing the project, 50 percentum of all allowable project costs, subject to the following terms and conditions: 1. The maximum obligation_ of the United States payable under thi Offer shall be •;;10,000.00. 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 th terms of this Offer, and the Federal Airport Act and the regulations promulgated t�-?reunder 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 th( plans and specifications incorporated herein as they may be revised or modified with the approval of the Adminis- trator or his duly authorized representatives. 3. The Co-sponsors shall operate and maintain the Airport as provided in the Project Application incorporated herein. 4. Any misrepresentation or omission of a material fact by the Co-sponsors concerning the Project or the Co-sponsors' author: or ability to carry out the obligations assiuned by the Co- sponsors in acceptin^ this Offer shall terminate the obliga- tion, of the United States, and it is understood and a. -reed 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 Lrant 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. 6. 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 Co-sponsors within 60 days from the above date of Offer or such longer time as may be prescribed by the Administrator in writing. 7. (a) it is further underatood and agreed that Paragraph 7 of Part II (Representations) of the Project Application hereto attached, is hereby deleted and that the whole of Part III (Sponsor(s Assurances) of such Project Application is deleted therefrom and that in lieu of such Part III the following Sponsor's Assurances as adopted and made effective by the Administrator on May 10, 1949, be substituted as such Part III PART III SPONSOR'S ASSURANCES in order to furnish the Administrator the Sponsor's assurances required by the Act and the regulations, the Sponsor hereby covenant and agrees with the United States,- an follows:, 1. These covenants shall lecome effective upon acceptance by the Sponsor of an offer of bbderal aid for the Project or any portion thereof, made by the Administrator, and shall constitute a part of the Grant A,,reement thus formed. These covenants shall remain in full force and effect throughout the useful Life of the facilities developed under the Project but in any 3vent not to exceed twenty years from the date of said acceptance Df an offer of Federal aid for the Project. 2. The Sponsor will operate the Airport as such for the use and benefit of the public. In furtherance of this covenant (but yithout limitinT its Senora! applicability and effect), the inonsor specifically agrees that it will '_seep the Airport open .o all types, kinds and classes of aeronautical use without iiscrimination between such types, kinds and classes; Provided, Phat the ;Iponsor may establish such fair, equal and none-cPscsmina- ;cry conditions to be net by all users of the At port as may be �J 727 necessary for the safe and efficient operation of the Airport; And Provided Further, That the Sponsor may prhhibit any given type, a n or c ass of aeronautical use of the Airport if such action ::ill best serve the aeronautical needs of the area served by the Airport. 3. Tha SPO will not exercise, grant or permit any exclusive ri for the use of the Airport forbidden by Section 303 of the Civil Aeronautics Act of 1933, as amended. In furtherance of this covenant (but without limiting its general applicability and effect), the Sponsor specifically agrees that it will not either directly or indirectly exercise, or grant to any person, firm or corporation, or p.,rmit any persons, firm, or corporation to exercise, any exclusive right for the use of the airport for commercial flight operations, including air carrier transporta- tion, rental of aircraft, conduct of charter flights, operation Of flight schools or the carrying on of any other service or operation requiring the use of aircraft. 4. The .sponsor agrees that it will operate the Airport for the use and benefit of the public, on fair and reasonable terms and without unuust discrimination. in furtherance of this covenant (but withou limiting its general applicability and effect), the Sponsor specifically covenants and agrees: (a) That in any agreement, contract, lease or other arrangement under which a right or privilege at the airport is granted to any p4 son, firm, or corporation to render anys ervice or furnish any parts, materials or supplies (including the sale thereof) essential to the operation of aircraft at the Airport, the Sponsor will insert and enforce provisions requiring .the con- tradtor: (1) Tb furnish good, prompt and efficient service* adequate to meet all the demands for its service,: at the Airport. (2) to furnish said service, on a fair, equal and nondiscrimina- tory basis to all users thereof, and (3) to charge fair, reasonable and nondiscriminatory prices for each unit of sale or service::; Provided, That the con- tractor may be allowed to make reasona le and nondistrimina- tory discounts, rebates or other similar types of price reductions to volume purchasers. (b) That it will not exercise or grant any right or privilege ;-ich would operate to prevent any person, firm or corporation oper ting aircraft on the Airport from performing any services on its oti•:n aircraft with its own emplo;;ces (including, but not limited to, maintenance and repair) t'at it may choose to perform. (^) That if the Sponsor exercises any of the rights or privilege; set forth in subsection (a) of this paragraph it will be land by and adhere to the condition specified for contractors set forth in said subsection (a). ;ht 5. WothinZ contained herein shall be construed to prohibit the ora ting or exercise of an exclusive right for the furnishing of non-aviatio products and supplies or any service of a non -aeronautical nature. 6. The Sponsor will suitable operate and maintain the Airport and 11 facilities thereon or connected therewith which are necessary for airport purposes other than facilities owned or controlled by the United States, and will not permit any activity thereon which would interfere with its use for weronautical purposes; Prov&ded, That nothing contained herein shall be construed to req_u1-r_e__t_Fa-f the Airport be Operated and maintained for aeronautical uses duting temporary periods when show, fl-od, or other climatic conditions interfere su'ostantially with such operation and maintenance. Easent'al facilities, including night lighting systems, when imstalled, A%rill operated in such a manner as to assure their availability. to all ie users of the.Airport. 1110 TE: „As used in these subsections the r:ord "service" shall inclu furnishing of parts, materials and supplies (includin„ sale thereof as well as furnishing of s-rvice. 7. Insofar as is within its powers and reasonably possible, the Sponsor will prevent the use of any land either within or outside t boundaries of the Airport in any manner (including the construction erection, alteration. or 4rowith of any structure or other object thereon) which would create a hazard to tr.e landing, takin- off or maneuvering of aircraft at the Airport, or Otherwise limit the use- fulness of the Airport. This opjective will be accomplished either by the adoption and enforcement of a zoning; ordinance and regulatio or by the acquisition of easements or other intorosts in lands or 728 airspace, or by both such methods. With respect to land outside th boundaries of the airport, the Sponsor will also remove or cause to be removed any growth, structure, or other object thereon which would be a hazard to the landing, taking -off or maneuvering of air- craft at the Airport, or if such removal is not feasible, trill mark or liEht such growth, structure, or other object as on airport obstruction or cause it to be so marked or lighted. The airport approach standards to be followed in performing the covenants con- tained in this paragraph shall be those established bj the Adminis- trator in Office of Airports Drawing No. 672 Fa ted September 1, 194 , unless otherwise authorized by the Administrator. 8. All facilities of the Airport developed with Federal aid and al: those usable for the landing and taking -off of aircraft will be available to the United States at all times, without charge, for us( by military and naval aircraft in common with other aircraft, except that if the use by military and naval aircraft is substantial, a reasonable share, proportional to such use, of the cost of operatint and maintaining facilities.so used, may be charged. The amount of use to be considered "substantial" and the charges to be made there- fore shall be determined by the Sponsor and the using agency. 9. 'Nhenever so requested by the Administrator, the Sponsor will fw nish to any civil agency of the United States, without charge (excel for li ht, heat, janitor service, and similar facilities and servic( at the reasonable cost thereof), am h space in Airport buildings as may be determined by the Administrator to be reasonably adequate for use in connection with any airport air-traffic control activi- ties, weather -reporting activities, and conmunidations activities related to airport air traffic control, which are necessary to the safe and efficient operation of the airport and which such agency may deem it necessary to establish and maintain at the airport for such purposes, provided, however, that the amounts of space the Sponsor may be required to furnish for such purposes and on such conditions, shall not be in excess of the maximum amounts prescribe( in the Grant Agreement relatin` to the Project. Such space or any portion thereof will be made available as provided herein within si: months after receipt of written request from the Administrator. Additional building space for such purposes may be furnished to any civil agency of the United States upon such terms as may be agreed upon between such vivil agency and the Sponsor. 10. After completion of the Project and during the, term of these covenants, the Sponsor will maintain a current system of Airport accounts and records, using; a system of its own choice, sufficient to provide annual statements of income and expense. It will furnish the Administrator with such annual or special Airport financial and opera- tional reports as he may reasonable request. Such reports may be submitted to the Administrator on forms furnished by him, or may be submitted in s x h other manner as the Sponsor elects, provided the essentiq 1 data are furnished. One Airport and all airport records and documents affect- ing the Airport, including deeds, leases, operation and use agreements, regulations and other instruments, will be available for inspection by any duly authorized re- presentative of the Administrator upon reasonable request. The Sponsor will furnish to the Administrator, upon re- quest a.true copy of any such document. 11. The Sponsor will not enter into any transaction which ::could operate to deprive it of any of the rights and powers necessary to perform any or all of the covenants made herein, unless b;f such transaction the obligation to ,erform all such covenants is assumed by another public agency eligible under the Act and to Regulations to assume such obligations and having the power, authority and financial resources to carry out all such obligations. If an arrangement is made for management or operation of the airport by any agency or person other than the Sponsor or an employee of the Sponsor, the Sponsor will reserve sufficient powers and authority to insure that the Airport will be operated and maintained in accordance with the Act, the Regulations and these covenants. 12. The Sponsor will maintain a master plan layout of the Airport having the current approval of the Administrator. Such layout shall show building areas, approach areas, and landing areas, indicating present and future pro- posed development. The Sponsor will conform to such master plan layout in makinr, any future improvements or changes at the airport which, if made contrary to the master plan layout might adversely affect the safety, utility, or efficiency of the Airport. 729 13. (a) The Sponsor will acquire within a reasonable time but in event prior to the start of any construction work under the Project, the following property interests in the following areas of land on which such construction work is to be per- formed, all of which lands are identified on the property map which is attached hereto and identified as Exhibit "A":', (b) The Sponsor will acquire within a reasonable time and if feasible.prior to the completion of all construction work under the Project, the follo•aing property interests in the following areas of land wihich are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which lands are identified on the property map which is attached hereto and identified as Exhibit "A":,-'.:. 14. If at any time it is determined by the Administrator that t is any outstanding right or claim of right in or to the airport property, other than those set forth in Faragraph 3 of Part II and paragraphs 13(a) and 13(b) of this Part, the existence of which creates an undue risk of interference with the operation of the airport or the performance of the covenants of this Part, The Sponsor will acquire, exti0ouish or modify said right, or claim of right, in a manner acceptable to the Administrator. NOTE: apace is provided above in which the Sponsor is to state exact property interests which the Sponsor will acquire, prior to the start of any construction work Ander the project, in all areas of lard on rtich any such construction work'is to be performed, identifying such areas by numbers or other symbols as shown on the attached property map. Flhere* the property interest to be acquired is title in fee, such title should be described as "title in fee, free and clear of all liens, easements, leases, and other encumbrances anC adveAse interests," or if it is expected that there will be such en- cumbrances or adverse interests, they should be specified and the title described as title in fee, subject only to such named encumbrances or adverse interests. Similarly where the Sponsor is to acquire some lesser property interest, such interest should be spec_fied. .-::pace is provided above in which the Sponsor is to state the property interests that the Sponsor will acquire in all areas of land needed for airport purposes other than those covered In paragraph 13(a) of Fart III and paragraph 3 of Part II. Such interests should be described with the same particularity as those described in paragraph 13(a). 7. (b) It is understoo, and agreed by .the parties hereto that p ments hereunder shall be made to the I:entucky Department of Aero- nautics, in accordance with the requirements of Kentucky Revised Statutes, Section 183.140, as amended. (c) The Co-sponsors covenant to cause the removal of all structure , growths or other objects redessary to provide clear approaches to tte airport in accordance with standards established by the Administrat r in Office of Airports Drawin, No. 672 dated September 1, 1946 as soon as possible and if the approach clearance other than that specifically to be accomplished under the plans and specifications of this Grant Agreement is not accomplished prior to subsequent project, then such approach clearance will be included in such subsequent project as a pre -requisite to approval thereof unless otherwise authorized by th Administrator. (d) Itis hereby understood and agreed by the parties hereto that United States will not =1-:e, nor be obligated to make, any payments under this Grant Agreement until the sub -lease of the subject aiirpo: premises betneen the Paducah Airport Corporation as sub -lessor and the Kentucky Aeronautics institivte as sub -lessee has been further supplemented and amended to such extent as, in the opinion of the Administrator, is necessary to vest sufficient control of the airpo: premises in the Co-sponsors to perform or assure performance of the, obligations under this Grant Agreement, particularly the obli�•ation to operate the airport .for the use and benefit of the public, on fa, and reasonable terms, and without unjust discrimination; and it is further understood and agreed that such sub -lease, as so further ar"cnded, will not be further amended or modified, other than by t¢ay of termination or cancellation, without approval in •nriting of the Administrator or his duly designated representative; and it is further understood and agreed that the recognition by the Adminis- trator of the relationship between the Co-sponsor and the raducah Airport Corporation and the Kentucky aeronautics institute shall not be construed as relievin the Co-sponsors of their obligations under this Grant Agreement or as waking the lessee or sub -lessee e party thereto. 730 The Co -Sponsor Is acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Co-sponsors, as he±e- inafter' provided, and said Offer and acceptance shall comprise a Grant Agreement, as provided by the pederal -irport Act, constituti g 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 exce d t::,enty years from the date of said acceptance. UNITED STATES OF A14ERICA THE ADMINISTRATOR OF CIVIL AERONAUTICS By George F1. ..est Regional Administrator, Region III PART II - Acceptance The City of Paducah, Kentucky and County of ?,IcCracken, Kentucky do hereby ratify and adopt all statements, rapresentations, warran- ties, covenants and agreements contained in the Project Application executed on "ecember 28, 1948, on behalf of the City of Paducah, Kentucky, and County of I,:cCracken, Kentucky, 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 day of 1949. CITY OF PAD 'C.i H, I.EITP UCI Y ATTEST: By Title: Titlo (32AL) COUNTY OF MCCRACKEN, K:,TUCii Attest: By Title: Title CTRTIF ICATE OF CO-SFOIiSORS' ATTOR?iEY T- , actin.,'as Attorney for the City of Paducah, teen uc.ty o ore y certify: That I have examined the foregoin,, Grant Agreement and the proceed- ings taken by said City of Paducah, Kentucky relating thereto and find that the acceptance thereof by said City of Paducah, Kentucky has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the Stat of Kentucky and further that, in my opinion said Grant Agreement constitutes a legal and binding obligation of the City of Padudah, Kentucky in accordance with the terms thereof. Dated at this the day of 1949. Title I, , acting as attorney for the County of ?;:c rac,tenten ucTy-3oTiereby certify: That I have examined the foregoin Brant Agreement and the pro- ceedings taken by said County of blcCrac'ren, Kentucky, rel&tinO ther to and find thqt the acceptance thereof by said County of IdeCracken Kentucky, has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws o the State of Kentucky and further that, in my opinion said Grant Agreement constitutes a legal and bindinr, obligation_ of the County of l.:cC±ac'..en, "ontucky, in accordance with the terms thereof. Dated at this day of 1949. Title — 731 SECTION 3. This Ordinance shall be in full force and offect from and after its adoption. Tlayo ,� — commissioner Passed by the Loard of Commissioners August 9, 1949 Recorded by Sarah Thurman, City Clerk, August 9, 1949.