|
<br />~
<br />39
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />-- -------~~ - ~____.___ __ - ~ __ - _~__ __ __u __ ____ ~__.~__ __ ._______~__._ ___ __~.__ _________ ___ _ _ __ ___ ____~___ ____ __~ __. ________ __ ___ ______ ___ ______.___ _ _ ___ _. __ _ _ ____ . _ ._
<br />- - _n _ _ _ . _ _.. . _ __ _ __ _ _ _ _._
<br />-.-- -----------~---~ ------ -- ------ - _._- - --- -_._--_._~---------- -.-----------...--------
<br />-- - -=------=, ---.:.:: .'~-c=----rf. ~ '-cc.'-"--'.-.:, -'=-:--- ._=-~-=-:'--:::.=-=- c:c::......-==- '-~-~- -- __2~~' __-==C""__=_-c-:=-c= _.---==-:ccc-::.:=_--=.-=---=c--_~--:=.c=---=-=-=-c:.-- - --
<br />
<br />
<br />1 CM was present and made some explalnatlon regarolng the resolutlon. On motlon
<br />' ~made, seconded, and carried the resolution was adopted.
<br />
<br />1- Ii
<br />, t . RESOLUTION ~
<br />1ii V;HEREAS, the Administrator of Civil Aeronautics of the Uni tecl States ~..:
<br />, j'l Department of Commerce, t herinafter referred to as the "Administra tor") ":"
<br />J with the approval of a Board composed of the Secretary of War, the Secretary I
<br />I! of the Navy, and the Secretary of COlDlnerce, has designated as necessary for
<br />~ national defense a project (herein called the "Project") for development
<br />~ of the City of Eugene Airport, (herein called the "Airport"), which
<br />Ii project is identified as 90435-3, and;
<br />"'I WHEREAS, as a conditions precedent to release and opera tion of the
<br />~ Project, the Administrator requires that the City of Eugene, (herein called
<br />tl the "City") have certain property interests in the landing area of the Airport
<br />l' and the lands to be imporved under the Project and enter into an agreement
<br />i! with the United States (Herein called the "Government"), in the manner and
<br />II form hereof; and
<br />Ii WHEREAS, the City of Eugene is legally, financially, and otherwise able
<br />II to enter into such an agreement and desires to avail itself of the benefits
<br />11 of prosecution of the Project;
<br />; NOW, THEREFORE, BE IT HESOLVED BY THE COMMON COUNCIL OF THE CITY OF EUGENE 2
<br />i: Sectioril. That for and in consideration of development of the Airport
<br />;'! by the Governmentas contemplated by the Project the City of Eugene does hereby
<br />Ii covenant and agree with the Government as follows; this agreement to become
<br />!~ effective upon the award of any construction contract for any portion of the
<br />I Project or the inauguration of any pIDrtion of the Project under force account,
<br />! and to continue in full force and effect during the useful life of the improve-
<br />i ments made under the PI'Oj ect:
<br />; (a) The Government shall have the right to determine the exact nature
<br />14 ~ of the improvements to be made under the Project, the manner in which the
<br />~ Pruject is to be conducted, the amount of Federal funds to be expended, and
<br />Ii all other matters relating to. the Project, ~he Ci~y will. cooperate with the
<br />II Government to ensure prosecutlon of the Pruj ect 'in thout lnterference or
<br />': hindrances, and agrees to permit the agents and employees of the Government,
<br />i: and all persons authorized by the Adminstrator, to enter upon, use, and occupy
<br />[I the property to be developed, as the Administrator may deem necessary or
<br />1- i,; desirflble in connection vvith the conduct of the Project. ,
<br />ii {b) The City agrees to iOO emnify and save harmless the Government against
<br />'II alm and any claims and damages which may arise from or in connection with they
<br />I carrying out of the Project, excepting claims for injuries or death to persons
<br />\, resulting from willful or negligent acts or omissions of the Government or
<br />!: any of its officers, employees, agents, or agencies, all other claims sounding
<br />:: in tort, and claims for materials furnished or work performed pursuant to
<br />:' authorit,y given by officers, employees, or agents of the Government.
<br />:: (cJ It is understood and agreed that all improvements made under the
<br />t Project shall be the sole and absolute property of the City, except where
<br />~ specifically agreed otherwise, in writing, prior to the undertaking of the
<br />;: improvement or installation in question.
<br />i! (d) The Ci ty agrees tha t, continuously during the term of this agree-
<br />R ment, the Airport will be operated as such, and for no other purpose, and that
<br />~ unless utilized exclusively for military purposes, it will at all times be
<br />'.: operated for the use and benefit of the public, on reasonable terms and without
<br />I': unjust discrimination, and without grant or exercisse of sny exclusive right
<br />~ for use of the Airport within the meaning of Section 303 of the Civil
<br />~ Aeronautics A6t of 1938.
<br />II (e) '1'he City agrees that it will at all times during the term of this
<br />,'j agreement maintain in good and serviceable condition and repair the entire
<br />II landing area of' the Air'port and all improvements, facili ties, and equipment
<br />Ii which have been or may be made, constructed, or installed with Federal aid,
<br />'I including all improvements made under the IJroject, other than facilities and
<br />I equipment owned by the government; Provided, that during any periOd the said
<br />!i landing area or airport improvements, facili ties, or equipment are leased by
<br />:, or licensed to the Government for military Purl)OSeS, the City shall be obligated
<br />t to bear only that proportion of the expense of maintenance of the landing area
<br />!i or airport improvements, facilities, or equipment so leased or licensed, which
<br />~ their non-military use bears to their total use.
<br />r! (f) Insofar as is within its powers and reasonably possible, the City
<br />~ will prevent any use of land either within or outside the boundaries of the
<br />lil airport, including the construction, erection, alteration, or growth, of any
<br />~ structure or other object thereon, which would be a hazard to the landing,
<br />Ii taking-off, or manuevering of aircraft at the Airport, or otherwise limit
<br />~ its usefulness as an airport.
<br />1: (g) In order to protect the rights and interests of the Government under
<br />l,~ this resolution, the City agrees that it will not enter into any transaction
<br />~ which would operate to deprive it of any of the rights and powers necessary
<br />I"
<br />I,; to perfomm ~ny or all of the covenants made herein, unless by such transaction
<br />Iii the obligation, to perfomI' all such covenants is assumed by another public
<br />!j' agency. The City further agrees that it will not execute any deed, lease,
<br />II opera tion or management agreement, or other instrwnent affecting the airport
<br />Ill,. or any portion or facility thereof or interest therein, even though the other
<br />I
<br />~~
<br />!:i
<br />I,:
<br />Ii
<br />I'
<br />'f
<br />~
<br />
|