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HomeMy WebLinkAbout08/06/1941 Meeting 522 . _.. c'., .-"- '.- - - .. -- - _d_ - - . -- ~._- -- -- .-.. - - . NOTICE OF SPECIAL COUNCIL MEETING If'H I i-:l To the Members of the Common Council of the City of Eugene: . (<,;. , {5 NOTICE IS HEREBY GIVENt that on this 6th day of August, 1941t the Mayor of Eugene hereby calls a meeting to be held at 5:00 o'clock P. M. in the Council Chambers of the City of Eugene for the following purpose: For the purpose of passing a resolution for increased appropriation at the airport I Al so, such other business as may come up. Eugene, Oregon August 6, 1941 /s/ ELISHA LARGE Elisha Large, Mayor * * * * * * * * * ?t' * Council Chambers, Eugene, Oregon 'Augus t 6, 1941 The Council met in a special meeting pursuant to a call by Mayor Large. Councilmen present were Bond, Barette, Koppe, Hawn and Farrington.' Absent Stewart and Pennington. Mayor Large explained that a new proposal had been made to the City by the Civil Aeronautics Administration to spend an additional sum of $113~0~0.00 on the Municipal Airport to construct a, "NE by SW150' by 4000' runway and necessary 50' wide taxiways , including grading and paving and extend basic lighting." A sample resolution authorizing this work had been presented by the C.A.A. and from that City: Attorney S. M. Calkins prepar-ed a resolution which was presented to the council. After a,few remarks by different members of the council; a motion was made by Councilman Bond and seconded by Hawn that the resolution be - adopted. Motion was carried. I RESOLUTION RESOLUTION CONSTITU'1'ING ,AGREEIvlENT .VITTH.THE UNITED STATES. RELATIVE TO. OPERATION.AND.MAINTENANCE (t-::", I' OF THE.EUGENE.MUNICIPAL AIRPORT WHEREAS , the Administrator of Civil Aeronautics of the United States Department of Commerce (hereinafter referred to as "Administrator") acting pursuant to the terms of the Department of Commerce Appro- priation Act, 1942 (Public Law 135, 77th Congress, Title II)t has designated as necessary for national defense a progect (herein called the "Project"), for development of the Eugene Municipal Airport (herein after called the "Airport"), which project is identified as S-904-35-3; and WHEREAS, as a condition precedent to release ani operation of 'the f>r-oj ect, the Administrator requires that the City of Eugene', herein called the ("City"), 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 I VillEREAS, the City is legally, financially and other~ise able to e~ter into such an agreement and desires to avail itself on the benefits of prosecution of the Project: NOW, THEREFORE, BE IT RESOLVED BY THE COM1VION COUNCIL OF THE CITY OF EUGE1\TE I Section l~ 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 to develop the Airport as it sees fit, 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 ~~eJ.aded, and all other matters relating to the Project. The City will cooperate with the Government to ensure prosecution of the ~ 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. ~~ E!; (e) The City agrees that it will at all times during the term of this agreement maintain in good and serviceable condition and repair the entire landing area of the Airport and all improvement, facilities, and equipment which have been or may be made, constructed, or installed with Federal aid, including all improvements made under the Project, other than facilities and equipment owned by the Government. (f) Insofar as is within its powers and reasonable possible, the City will prevent any use of land either within or outside the boundaries of the Airport, including the construction, erection, alteration, or growth, of any structure or other object thereon, which would be a hazard to the landing, taking-off, or maneuvering of aircraft at the Airport, or otherwise limit its usefulness as an Airport. (g) In order to protect the rights and interests of the Government under this resolution, the City agrees that it will not enter into any transaction which would operate ~o deprive it of any of the rights and powers necessary to perform any or all of the covenants made herein, unless by such transaction the obligation to perform all such covenants is assumed by another public agency. Section 2. That the City does hereby warrant and represent to the Govern- ment as follows: (a) That the City has title in fee simple to all the lands comprising the landing area of the Airport and to all lands to be improved under the Project, which lands are shown on the sketch attached hereto as part of Exhibit A, and that said lands are held free from any lien or encumbrance; (b) That the City has the power and authority to adopt this resolution and to perform all of the covenants contained therein; (c) That the City is financially and practically able to perform all of the covenants contained in this resolution; (d) That there is no pending or threatened litigation or other ~egal pro- ceeding, and no material and relevant fact, which might adversely affect the prosecution of the Project, the operation of the Airport, or the performance of any of the covenants contained in this resolution, which has not been brought to the attention of the Administrator; (e) That the Common Council of the City has complied with all requirements of law in adopting this resolution.. (f) That such of the above representations and warranties as involve questions of law are made upon the advi.ce of the City Attorney of the City, whose certificate as to such matters has been previously delivered to the Common Council and is anneKed hereto and made a part hereof, as Exhibit A. Section 3.' That the City Attorney and City Recorder he and they are auth- orized to furnish the Administrator such legal and factual information relative to the Airport, the Project, and this resolution as he may BI! reasonably request. Section 4. That Sections 1 and 2 of this resolution shall become effective upon the award of any construction contract for any protion of the Project or the inauguration of any portion of the Project under force account, and shall continue in full force and effect during the useful life of the improvements made under fue Projec t. Section 5. That two certified copies of this resolution be sent forthwith , to the Adminis tra tor., through the Regional Manager of Civil Aeronautics Boeing I I Field, Seattle, Washington. . , I approve of the adoption of the foregoing Resolution. r I : ~ 1 s 1 ELtSHA LARGE \ I Elisha Large, Mayor i ! to ,~. .:N.d'.f!H,:"~~.~"It.':""'f""..l.~~'_~"'06l:~!""..~ J,.....~lIo:,_. "'A~_.~ , ,.~..~~,-~;\",. _;....c.~ij,'.....'.;.,iL..1:-:...ii~~~~1tA.'" ~ 523 ... ~~ _._- -- - u_ ~ - -.--- -.-- - -,--- - ::~.;.- -:. ..-.~ - -- -- . ~ -.- - - I - .~. - - -- - - -- . - ".~_. -. -. -~.- Project without intierl'erence or llindrance, and agrees to permit. the agents and I employees of the Government, and all persons authonized by the Administrator, to enter upon, and use and occupy the Ai~port as the Administrator may deem n. necessary or desirable in connection with the conduct Of the Project. ~~.~ . . :::;)':. .....-;; (b) The City agrees to indemnify and save harmless the Government again'st and from any and all claims arid damages which 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. I ( 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 agree- ment, 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 ope~ated for the use and benefit of the public, on reasonable' terms and without unjust discrimination, and without grant or exercise of any exclusive right ~or use of the Airport within the meaning of Section 303 of the Civil Aeronautics Act of 1938. (e) The City agrees that it will at all times during the term of this agreement maintain in good and serviceable condition and repair the entire landing area of the Airport and all improvements, facilities, and equipment which have been or may be made, constructed, or installed with Federal aid, including all improvements made under the Project, other than facilities and equipment owned by the Government. (f) Insofar as is within its powers and reasonable possible, the City will prevent any use of land either within or outside the boundaries of the Airport, including the construction,' erection, alteration, or gr~lth, of any I structure or other object thereon, which would be a hazard to the landing, taking-off, or maneuvering of aircraft at the Airport, or otherwise limit its usefulness as an Airport. ( g) In order to protect the rights and interests of the ~overnment under t'his resolution, the City agrees that it will not enter into any trans- action which would operate to deprive it of any of the rights and powers necessary to perform apy or all of the covenants made herein, unless by such transactiQn the obligation to perform all such covenants is assumed by another public agency. .......,.. Section 2. That the City does hereby warrant and represent to the Government as follows: (a) That the City has title in fee simple to all the lands comprising the landing a'rea of the Airport and to all lands to be improved under the Project, which lands are shown on the sketch attached hereto as part of Exhibit A, and that said lands are held free from any lien or encumbrance; (b) That the City has the power and authority to adopt this resolution and to perform all of the covenants contained therein; ( c) That the City is financially and practically able to perform all of the covenants contained in this resolution; (d) That there is no. pending or threatened litigation or other legal I proceeding, and no material and relevant fact, which might adversely affect the prosecution of the Project, the, operation of the Airport, or the performance of any of the covenants contained in this resolution, which has not been: brQught: to the attention of the Administrator; (e) That the Common Council of the City has complied with all requi~e- . , ments of law in adopting this resolution. (f) That such of the above representations and warranties as involve qUestions of law are made upon the advice of the City Attorney of the City, , I whose certificate as to such matters has been previously delivered to the Common Council and is annexed hereto and made a part hereof, as Exhibit A. Section 3. That the City Attorney and City Recorder be and they are authorized to furnish the AdmiIiistrator such legal and factual information relative to the Airport, the Project, and this resolution as he may reasonably request. Section 4. That sections 1 and 2 of this resoibution shall become effective upon the award of any c.onstruction contract for anypor.tioh of t.he Project or the inauguration of any portion of the P~oject under force accbunt, and shall continue in full force and effect during the useful life of the ...4 r"" 524 - - .-- -.- _. --- -- - . .-". _ u _ ~ . - - - - -. ~ _...a_'- - .,. + -- - ~-- - - -- ---- ."---- -- improvements made under the Project. '". "" Section 5. That two certified copies of this resolution be sent I " ~.~, ~;t forthwith to the Administrator, through the Regional Manager of Civil Aeronautics i;~ Boeing Bield, Seattle, Washington. ~ I approve of the adoption of the foregoing Resolution. I sl ELISHA LARGE ~lisha Large, Mayor I ~ayor Large reported that the Veterans of Foreign Wars had erected a banner across the Street at 8th and Willamette. He stated that this banner had been put up on the evening of August 5th and the morning of the 6th a representa- tive of the organization had asked Mayor Large for permission to erect the banner. Mayor Large informed the representative that the matter would have to comenefore the ,council. There was some discussion by different members of the council regarding this and a motion was made by Hawn and seconded by Brownson that the erection of the banner was in violation of the City:'ordinance and that the Recorde be instructed to write the Veterans of Foreign Wars to procure a permlt for this banner. In the future a permit for anything of this character must be s;ecured 2 before the erection. The motion was carried. There being no further business the meeting adjourned. ~ I I I I ~