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1628 emm"milm.,■■.r tf ' RESOLUTION NO. 1628. RESOLUTION CONSTITUTING AGREEMENT WITH THE UNITED STATES RELATIVE TO OPERATION AND MAINTENANCE OF THE LITTLE ROCK AIRPORT WHEREAS , The Administrator of Civil Aeronautics of the United States Department of Commerce (hereinafter referred to as the "Administrator" ) , with the approval of a Board composed of the Secretary of War, the Secretary of the Navy, and the Secretary of Commerce , has designated as necessary for national defense a project (herein called the "Project" ) for development of the Little Rock Municipal Airport (Adams Field-herein called the "Airport" ) , which Project is ident- ified as 904-3-57 ; and WHEREAS , as a condition precedent to release of funds for the Project , the Administrator requires that the City of Little Rock, Arkansas (herein called the ("City) ) have certain property interests in the landing area of the Air- port 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 of Little hock , Arkansas , is legally, financially, and otherwise able to enter into such an agree- ment and desires to avail itself of the benefits of prose- cution of the Project ; NOW) TPEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK, ARKANSAS : SECTION 1 . That for and in consideration of develop- ment of the Airport as contemplated by the Project , the "City" does hereby covenant and agree with the Government as follows , this agreement to continue in full force and effect during the useful life of the improvements Made under the Project : (a ) The Government shall have 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, use , and occupy the property to be developed, 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 which may arise from or in connection with the carrying out of the Project, excepting claims for injuries or death to persons resulting from willful or negligent acts or omissions of the Government or any of its officers, employees , agents , or agencies , all other claims sounding in tort, and claims for materials furnished or work per- formed 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 without µmust discrimination, and without grant or exercise of any exclusive right for use of the Airport within the meaning of Section 303 of the Civil Aeronautics Act of 1938. The "City" further agrees to construct or cause to oe constructed electric power supply lines and such other utilities as are essential and necessary to the operation of all improvements , facilities and equipment which have been or may be made , constructed or installed with Federal aid. , (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 ; ., , Provided , that during any period the said landing area or airport improvements , facilities , or equipment are leased by or licensed to the Government for military purposes , the "City" shall be obligated to bear only that proportion of the expense of maintenance of the landing area or airport improvements , facilities , or equipment so leased or licensed , which their non-military use bears to their total use . (f ) Insofar as is within its powers and reasonably 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 . Fithermore , the "City" agrees , with respect to land outside the boundaries of the Airport , to remove or cause to be removed any growth, structure or other object thereon which would be a hazard to the landing , taking_-off or man- euvering of aircraft at the Airport , or otherwise limit its usefulness as an airport , or to mark and light such growths , structures , or other objects , the removal of which is not feasible . The "City" further agrees that airport app-roach standards and standards for marking and lighting obstructions as currently established by the Administrator will govern. (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 to 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. The "City" further agrees that it will not execute any deed, lease , operation or management agreement, or other instrument affecting the airport or any portion or facility thereof or interest therein, even though the other party to the transaction is the Government acting through the ':'dar Department or Navy Department , unless thirty days ' notice of its intention so to do has been given to the Administrator, or unless the Administrator has waived the right to such notice . A copy bf the proposed instrument in question shall be attached to said notice , which shall state the date upon which the same is to be executed. (h) The "City" agrees that , if requested to do so by the jar Department of Navy Department , at any time during a national emergency declared by the President , it will lease the landing area of the Airport to the Government for military or naval use, at a nominal rental, for a term_ of one year, renewable annually at the option of the Government for such period as the Government may designate : Provided, That the lease shall contain an express stipulation that its term shall not exceed the duration of the national emergency and six months there- after unless an extension thereof is approved by the Administrator . Such lease shall also contain a covenant on the part of the Government to permit , by instruments in writing, use of the leased premises by commercial, private , and other non-military aircraft to the extent possible without interfering with military operations , and to bear all of the expense of maintaining and keeping in good repair the leased premises and all improvements and facilities thereon, other than that proportion of the cost of such maintenance for which the "City" assumes responsibility under Section 1 (e ) hereof . The "City" further agrees that , during all times that the landing area of the Airport is not held by the Government under lease , the Government shall have the right to use such area in common with others , without charge , to the extent possible without requiring limitation of non-military operations. SECTION 2 . In order to satisfy the Government that the "City" is qualified to sponsor the Project under the project eligibility requirements of the Civil Aeronau- tics Administration and to induce the (overnment to proceed with the Project in accordance with the offer made by the "City" in Section 1 hereof, the "City" does hereby represent and warrant to the Government as follows : (a) That the "City" has title in fee simple to all lands comprising the landing area of the Airport and to all lands to oe 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, lease , easement , or other encumbrance, (b ) That the "City" has the power and authority to adopt this resolution through its City Council , and to- perform all of the covenants contained herein ; (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 proceeding, and no material and relevant fact , which might adversely affect the prosecution of the Project , the operation of the Airport, or the per- formance of any of the covenants contained in Section 1 hereof, which has not been brought to the attention of the Administrator ; (e ) That the City Council of the "City" is the proper body to adopt this resolution and has complied with all requirements of law in so doing ; (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" , whose certificate as to such matters has previously been delivered to the City Council and is annexed hereto and made a part hereof, as Exhibit A. SECTION 3. That City Attorney and City Clerk be and they are authorized and directed to furnish the Admin- istrator copies of all documents representing or evi- dencing the encumbrances described in Section 2 (a) hereof, together with such legal and factual information relative to the Airport , the Project , and this resolution as the Administrator may reasonably request . SECTION 4. That five certified copies of this resolution be sent forthwith to the Administrator, through the Regional Manager of the Civil Aeronautics Administration, Ft . Worth, Texas SECTION 5. That this resolution shall be effective immec lately. ADOPTED; December 7 , 1942. hTTE' i : APPROVED: u*Ae44.-- 04/a A City Clerk. 122(rA. s • • . r EXHIBIT A TO RESOLUTION NO. 1628. CERTIFICATE OF CITY ATTORNEY I, Cooper Jacoway, the duly appointed and qualified City Attorney of the City of Little Rock, Arkansas , having read the proposed resolution heretofore submitted to the City of Little Rock, Arkansas by the Administrator of Civil Aeronautics , the adoption of which is required as a condi- tion precedent to the prosecution of a Civil Aeronautics Administration national defense project for the develppment of the Little Rock Municipal Airport (Adams Field) , CAA Docket No. 904-3-57 , do hereby certify: 1. That the City of Little Rock, Arkansas has title in fee simple to all the lands comprising the landing area of said Airport , and to all the lands to be improved under the above Project, which lands are shown on the attached sketch, and that said lands are held free from any lien, lease, easement, or other encumbrance , other than those described as follows : A portion of the Picvon Road that has now been closed by barricades erected by the United States Engineers . 2 . That the City of Little Rock, Arkansas has the power to adopt said resolution through its City Council and to perform all of the covenants and conditions contained therein. 3. That there is no pending or threatened litigation or other legal proceeding which mi,mht adversely affect the prosecution of said Project, the operation of said A.!irport, or the performance of any of the covenants contained in said resolution. Dated this 7th day of December, 1942 . • •