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Home My WebLink AboutRES 02.09.1942 - Airport v. 1R79::OLUTION 0014ITMITING AORMEMIUM MTR THE ulllTFZ STATKS RULATIVH TO OP1;RATION MID I:azlrr:.NANOR ON TIM MRGETOM AIRPORT WI•fiMAS, the Administrator of Civil Aeronautics of the United States Department of Oommerce (hereinafter rufarred to as "Administrator"), noting purauant to the tome of the Department ,of Commerce appropriation Act, 1942 to Law 135, 77th Congress, 'Title II), ban designated an necessary ;tor national defonse a project (herein celled the "Project") for dovalopmant of the 'OF.ORGS.T00 AIRPORT", (herein called the "Airport"), vhfoh pro- ject is identified an S-904-41-20 $ and WHRREAS, as a condition precedent to release and operation of the Project, the Administrator requires the, tha CITY OF GEORGETOWN (herein called the ("GITY")) 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 agreement with the United Statea (herein aa11®d the "Government"), in the mannor and .form hereof$ and ' a'i213RRA8, the City of Oeorgetown, (public agency) is legally, ,financially, and otherwise able to enter into such an agree- mont and desires to avail itself of the benefits of prosecution of the Projeote$ NOW, 'LiiERSF011E, BE IT MOLVHD BY TAIL City Council of tho City of Georgetown: aeotion 1. That for and in oonaidexation of develop- ment of the Airport by the Government as contemplated by the Projsca , the Otty of Georgetoun, dggs hereby covenant and dgrea with the Governments ax followal (a)+ The government shga havdl.tha right to develop the ( t. (` Airport as it uses Pit, inoluding'tha right to determine the !; exaat nature of the improvements ti be made under the Project, page. -Q- the manner in which tho Project is to be conducted, the amount or Federal funds to be expended, and all other matters rolat- ing to the Project, The Oity of Georgetonn will ccoparsto nith the Government to ensure proseoution of the Project with- out interferanoe or hindranoo, and agreea to parmit tho alante and employees of the Ooverntmont, and all, persons authorized by the Administration, to enter upon, use, and oaoupy the Airport an the Adminiatrator may deem n000esary or desirable in conneo- tion nith the conduct of the pd•'o Jaq is (b) The Oity of Oeorgotown agrees to indemnify and save harmless the Qovornment against and from a#,.and all claims and damages which may arise from or in oonneotion with the carry- ing out of the Project, exoopting claims for materials rurniched or work performed pursuant to authority given by officers, erm- ployeen, or agents of the Government„ (a) it in understand and agreed that all improvements made under the Projoot shall be the solo and absolute property Of the City of Georgetovm except where specifically agreed other - Mae, in writing, prior to the undertaking of the improve- ment or installation in question. (d) Thu Oity of Georgetown agrees that, continuously dur- ing tho term of this agreement, the Airport will be oporated an such, and for no other purpose, and that unless utilized mxclueivoly for military purposes, it will at all times be opor- ated for the use and benefit of the public, on roasonable terms and without un.junt dienrimination, and without grant or exec- aisee of uny oxclusiya right for unp of the Airport sd thin the meaning or section BOB of the civil, Aeronautics Act of 1OZ8„ (a) The Oity of Georgetown agrees that it will at all times during the term of thia agreement maintain in good and serviceable condition and repair the ontiro landing area of the Airport slid all improtrementsp reciiitios, and equipment which have been or may be made, oonatxuo�ed„*or installed »ith Irodbral aid► including all improvements made under the Projeat, Page -3- other than facilities and equipment onned by the government. (f) insofar no is Within ite .powera and reaQonably possible, the city of Georgetown All prevent any use of land either within or outside the boundaries of the Airport, inalud- ing the oonstruntiGn, creation, altsration, or gmwth, or any structure or other object thereon, rrhiah vould be s hazard to the lending, taking -off, or maneuvering of aircraft at the Air- port, or otherwise limit its usefulness an an airport. (g) In order to protect the rights and interest of the Government undar this resolution, the pity of Georgetown agress that it Trill not enter into any transaotion which would operate to deprive it of anyof the righta and powers necessary to per- form any or all of the covenants made herein, Unless by such ' tranaeotion the obligation to perfo= all such covenants in assumed by another public agency• Section 2. That the city Of Georgetown doers herby warrant and repronent to the covornmront no follower (a) That the Uity or Oeorgatown has title in fee simple to all the la ndo comprising the landing area of the Airport and to all lands to be improved undor the Prajsat, which lands are shown on the sketch attached hereto as part of fthibit Ao and that maid lands arc hold flee from any lien or encumbrance) (b) That the City of Gaorgetgwn has the power and authority to adopt this resolution and to perform all of the covenants contained therein; (o) That the City of Georgetown is finanoially and prao- tically able to perform all of the}covenant.e contained in this i rsalutionj r (d) That there► is no pending or threatened litigation or other legal proaseding, and ua ,materialand relevant fact, which might advorsely affect the pxoaeoutiou of the Project, the opera- tion of the Airport, or the performance of any of the oovenente contained in this resolution, which has not boon brought to the page -4- attention of the Aftinistratorl (a) 'flint the City Council of the City of Ceorgatomn has complied with all raquiromcnts of low in adopting thin resolutious (f) That such of the Above representations and warranties ae involve questions of law are made upon the adviaQ of the City Attorney of the City of Ceorge'townt vhone oortifioote no to euoh matters has been previnualy delivoxed to the City Council and Is annexed hersto and ►nado a punt horcof, as -Exhl*t A, Boatlon 3. That the ¢tGty Attorney and City Cearotery be anci they are authorizod to furnish the Administrator such legal and factual information relative to the Airport, the Project, and this resolution as lie may reasonably request. eaothn 4. That creations l and F. of thin resolution shall become effective upon the award of any construction contract for any portion of the Project or the inauguration of any por— tion of the Projeot under force aocount, and shall continue in full force and effect durin8 the useful life of the improve-• mentsa made under the Pro jeot a Saotion N That; three oertified copies of this renolu- tion be sent forth -with to the Administrator, through the Regional Uanager of 0ivil Aeronautics, Passed and approved at €s regular tneoting of the City Oounoil of the City of Georgetown; thin the Sth day of February, A. U. 194Eo Mayor, Oity-of Georgetown. Attest; y Secretary, Uity of eorg wu n• I approva of the adoption of the foregoing rooual►ztiont, igyor� al y of Cleorgotown EXHIBIT A ORRTIFI CATH C.PTY ATTORNEY OF THE CITY OF GEOR Lr OWN Ij Tit 11. Nunn, the duly appointed and qualified City At.to.ney of the City of Georgetown, having read the proposed resolution Iteratofore submitted to the City of Georgetown, by the .administrator of Civil Aaronautios, the arloptiob of ub.1oh is re- quired as e. condition precedent to the development of the GEOH Iwom Aim% oFrr, do hereby certify$ Is That the City of doorgetown has title in fee simple to all the lands comprising 'the landing area of said 11irport, and to all the lauds to be imprayed under the Vrojact mentioned in said resolution, which lanils a:o shown on the atteohod sketoh, sivA that said lands are hold free from any lien or encumbrance, 2# That the City of Georgetown has the power to adopt said resolution and to perform all of the oovenanto and conditions oonte cued therein# 3, That there is no pending or threatened litigation or legal, proceeding which might adversely affsat the prosecution of *aid pro ject$ the operation of said Airport, or the performance of any of the oovenants contained in said resolutions 110 a , city, Alcor y City of Goorgetovn: page -g« Qi+iTI M AT.9 CITY symnpvrARY, OITY OF 40MROWN AN I, k. L. Ontea, tho duty alooted, quolil'iod and doting city geovotnry of the k+ity of Georgetown, do hereby 4ertify that tho foregoing roualuwion was legally adopted at a mooting of the City Counoil or the Oity of 4aorgeto"n, duly held on the 9-th dray of February# ]042, and that said renolu- tion has been compared by me vith the original thereof on file in my offles and is a true dopy ofithe whole of said original. IN WNII :38 IMIME l I have hereunto set my hand and sail of the City of Oaorgetontt, tlila 9th day of Feb;vuary, (e00 L) r r 8 Qf3 Qity Secretary, City of Gaorgetown