08/06/1941 Meeting - Laserfiche WebLink

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i' (;..,.,.. . -,;:o.~ August 6, 1941 RESOLUTION RESOLUTION CONSTITUTING AGREEMENT WITH THE UNITED STATES RELATIVE TO OPERATION AND MAINENTANCE OF THE EUGENE MUNICIPAL AIRPORT WHEREAS, the Administrator of Civil Aeronautics of the United States Depart- ment of Commerce (hereinafter referred to as "Administrator") acting pursuant to the terms of the Department of Commerce Appropriation Act, 1942 (Public Law 135, 77th Congress, Title II), has designated as necessary for national defense a project (herein called the "Project"), for development of the Eugene Municipal Airport (hereinafter called the "Airport"), which project is identified as S-904-35-3; and WHEREAS, as a condition precedent to release and operation of the Project, the Administrator requires that the City of Eugene, herein called the ("Ci ty") , 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 States (herein called the "Government"), in the manner and form hereof; and WHEREAS, the City is legally, financially and otherwise able to enter into such an agreement and desires to avail itself on the benefits of prosecution of the Project: NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF EUGENE Sec tion 1. That for and in consideration of development of the Airport by the Government as contemplated by the Project, the City does hereby covenant and agree with the Government as follows: (a) The Government shall have the right too develop the Airport as it sees rit, 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 funds to be expended, and all other matters relating to the Project. The City will cooperate with the Government to ensure prosecution of the Project without interference or hindrance, and agrees to permit the agents and employees of the Government, and all persons authorized by the Administrator, to enter upon, and use and occupy the Airport as the Administrator may deem necessary or desirable in connection with the conduct of the Project. (b) The City agrees to indemnify and save harmless the Government against and from any and all claims and damages ~hich may arise from or in connection with the carrying out of the Project, excepting claims for materials furnished or work performed pursuant to authority given by officers, employees, or agents of the Government. (c) It is understood and agreed that all improvements made under the Project shall be the sole and absolute property of the City, except where specifically agreed otherwise, in writing, prior to the undertaking of the improvement or installation in question. (d) The City agrees that, continuously during the term of this agreement, the Airport will be operated as such, and for 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 wi~hout unjust discrim- ination, and without grant or exercise of any exclusive right for use of the Air- port within the meaning of Section 303 of the Civil Aeronautics Act of 1938. d..s).~~~:d.t;mRi"~t.