HomeMy WebLinkAbout1947-08-25city council minutesahy
and recommended that the bid be accepted.
RESOLUTION
By 6 ouncilman Glaisyer
Upon motion by Fenrich, seconded by Fenrich that the follord.ng resolution be adopted.
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"7HPREAS, the hid of the General Pacific Corporation for the purchase of a fire engine has been
accepted ter the Council, and,
!'HERSAS, it is necessary that tre contract for t',e purchase of a fire engine be entered into by
the City of Caldi*11 with the General Pacific Corporation,
NO'N TPS'RSIORE, BE IT RESOLVED that the Mayor and 'ire Chief be authorized to enter into a contractlj
amount
in the /of $17,641.00, for the purchase of the fire engine above mentioned. Ilil
Upon boll Call it appeared that the motion was unanimously adopted.
Thereupon the scting President of the Council declared the motion carried aid the @"solution
adopted.
There being no further business to come before the Council it was oved by C cilma: Myers,
seconded by `ouncilman Burrell that Council ad'oourn. Motion carried.
,
Abt nng Preai en
of the t�unci.
M City Clark
COUNCIL CHAMHERS,
AUGUST 25th, 1947,
8:00 P. M.
The Council met pursuant to Call and acknowledgement of Notice in the following forme
CALL ANA ACKNC4ILEM2C ENT OF NOTICE
We, the undersigned, 1?avor and members of the amity Council of the `ity of Caldwell, Idaho, do
each hereby aclmowledge notice of a special meting of said City Council to be held at the council chambers
in the City Hall in the City of Caldwell, Idaho at the hour of B100 P. M., on the 25th, day of August 1947,
for the transaction of all business in connection with the following object: Cancellation of Agreement with,
John L. Koffman, Engineer, Agreement with J. V. Otter, Licensed Engineer, Contract with Civil Aeronautics
Administration and R olution adopting Sponsorts Assurance Agreement .
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7ITNESS r signatures this 25th, day of August, 1947.
Mayor.
Counci ounc Iman
i
o:
/Councilman
- - C ouncilman /Councilman
V
1.7ayor R. H. McNeill, presiding.
on Roll Call the following Councilmen answered present: Leo J. Lawson, "5s Glaisyer, John Myers,
Dale Fenrich and Bryan Harding. Absent: L. E. Burrell.
Moved by Mason seconded by Myers that the Agreement between the City of Caldwell and John L.
Hoftman, Engineer be cancelled.
On Roli Call the following Councilmen voted in favar of the motion: Mason, Glaisyer, mason,
;&r• -rs, F'Pnrich a Harding: Negative: None. Absent acid nor voting. Burrell.
..1oved'oy mason seconded by yyers that the !-ity o! Z enter into an Agreement with J. V.
Otter and Associates for engineering services.
on «oll Call it appeared the motion was unanimously carried.
Moved by Byers, seconded by Fenrich that the City of CAV ell enter into an agreement with the
Civil AerinautiCS Administration.
4n Roll Call it appeared the motion was unanimously carried.
1 ;P�r
ZESOLUTION
I ! BY COJNCILMAAI 14
Upon motion by LVers, seconded by Mason that the following resolution be adoptedo
ti SOLUTION ADOPTING AND APPRDVING THE EXECUTION OF T]C: SPONSOR'S ASSURANCE A,WF.fIENT TO BE SUB —
iZ TTED TO THE ADKNISTP.:,TOR 01' CIVIL AMONAUTICS, U. S. DEPARA EAIT OF COdMIMCE, TO OBTAIN FEDERAL AID IM
THE DEVELOPMENT OF T::E CALDS�ELL YUNiCIPAL AIRPORT.
BE 1T RESOLVED BY THE UAYOR AND COU"JC;L CF THE CITY 01' CA10_TLL;
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Y Section. 1. That the City of ualdwell, Canyon County, Idaho shall enter into a Sponsor's Assurance n
Agreement for the purpose of obtaining federal aid in the development of the Caldwell Municipal ,irport
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and that such agreement shall be asset forth hereinbelow.
Section 2. That the Mayor is hereby authorized and directed to execute said Sponsor's Assurance
Agreement in quadruplicate on behalf of the City of C Canyon County, Idaho, and the Secretary is
hereby authorized and directed to impress the official seal of the City of Caldwell and to attest said
execution.
Section 3. That the Sponsor's Assurance Agrecment referred to hereinabove shall be as followsl
DEPARTMENT OF COtPI ERCE
CIVIL AEP.ONAUTICS alldlNISTRATION
I I , FEDERAL AIRPORT PF�O:.f M
SPONSORIS ASSURANCE AUREEIENT
S 1. For and in consideration of the execution by the United States of a Grant Agreement
obligating the United States to pay a portion of the allowable project costs of a project for development
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of the Cald ell Municipal airport under the provisions of the Federal, Airport Act, and the Pegulationa
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is promulgated thereunder, the City of Caldwell, Idaho hereinafter. called the °sponsor", for itself, its
successors, or assigns does hereby covenant and agree with the United States as followsr
�I a. All terms used in this Agreement which arechfined in the Federal Airport Act, and the Reg —
ulations promulgated thereunder, shall have the meaning given to them in such Act and Regula tions.
b. Insofar as le,ally possible, the sponsor will maintain a masterplan of the airport,;includ—
I ing building areas, approach areas, and landing areas indicating present and future proposed development
commensurate with the airport and with current approval of the Administrator] and in establishing additional .I
improvements, the sponsor will conform to such master plan or approved changes thereto.
C. During the term of this agreement, the airport will be operated continously as such and for
no other purpose and will at all times be operated for the use and benefit of the public, on fair and
reasonable terms and without un;r.,t discrimination.
d. The sponsor will nothoreafter use or permit the use of the airport exculaively for air
n carrier operations, unless there are other public airport facilities in the area adequate toserve other
III types of users] it will not grant, exercise, or permit the exercise of any exclusive ri for use of the
ublic for conducting charter
P Y
air ont b one air carrier operator, or for rental of
aircraft to the p , g
p flights, or for operating a flying school, aid that, after the date of this agreement, it will not grant
or authorize the grant of exclusive right at the airport for selling aircraft, aircraft parts or equipment ,
or for repairing aircraft and engines, or for carrying on other airport services or fixed base operations a
of an aeronautical nature. Nothing contained herein shall be construed to waive or abrogate the require —
ments of section 303 of the Civil aeronautics Act of 1938. In the interest of safety, the Administrators.
may waive in writing compliance with any or all the provisions of this sub— sec¢lon.
e. Except as provided in d, above, the sponsor vii 11 permit all qualified operators, on reasonable)
terms and witnout unjust discrimination, to use the airport for any , leronautical business or operation up
to the capacity of the airport.
f. The Sponsor will not hereafter grant to any one an exclusive right w sell aviation gasoline 'l
a
or oil.
g. During the term of this agreement the sponsor will continously maintain in good ad service—
able candition and repair the entire airport and all buildings and other;improvements, facilities, and
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equipment, other than facilities or equipment owned or controlled by the United Statesj provided, however,
in meeting this r ®quirement the airport is not expected to be operated and maintaired for aeronautical uses III
daring temporary periods when climatic or flood conditions interfere substantially with operation ann main-
, tenance during such periods. Essential facilities, including night lighting systems, when installed, will
be operated in such a manner as .o assure their availability to allusers of the airport.
h. The sponsor will replace and repair all buildin;s, structures and facilities developed under
the project if such are destroyed or damaged replacing or restoring them to a condition comparable to that
preceding the destraction or dama
i. If the land or improvements thereon, acquired or developed under the project, are sold, cou-
deumed, or otherwise disposed of, wholly or in part, the linited States will be reimbursed in proportion to
Its orip:inal:investment in the property so disposed of, but not exceeding its orisAnal share in the portions
so disposed of, except that if the proceeds are used by the sponsor for airport purposes within two years
of li a transfer is made pursuant to this a.;reement to another public a_enc;i or a encies for operation as an 1:,
airport, there shall be no reimbursement to the United States.
J. Insofar as is within its powers and reasonably possible the sponsor will prevent the use of
any land either wi-thin or oui.side the boundaries of the airport, including the construction, erection, alter-
ation, or growth of any structure or other object thereon, which would be a hazard to the landing, taking
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off, and ineuverin. ni aircraft at the airport, or otherwise l,mits its usefulness as an airport. With
respect to land outside the boundaries of the airport, the sponsor will remove or cause to be removed any
growth, structure, or other object thereon which w gild be a hazard to the landing, taking -off, or maneuveringjl
of aircraft at the airport, or when such is not feasible, it will mark or light such growth, structure, or
other object. The airport approach standards to be followed In this conre ction shall be those established
by the AdministraaEor in office of .0-,ports Drawing ldo. 672 dated September 1, 1945, unless otherwise author- !
izad b. the , ldministrator. Insofar as legally possible, the sponsor will adopt and enforce Zoning ordinancesi
and regulations to safebuard aircraft flight operations '.:thin the airport hazard =yeas as defined in the i
above mentioned drawing, prohibiting the creation, eatablishment, erection, and construction of hazards to
'air navik;ationl ors insofar as reasonably possible, willacquire such easements or other interests in lands '
and air spaces as may be necessary to perform the covenants of this paragraph.
k. All facilities of the airportdeveloped vrith Federal aid and all V ose useable for the land'.ng+
and taking-off of aircraft will be available to the United States at all times without charge for use by
military and naval aircraft in common with other aircraft, except, if the use by military and naval air-
craft shall ibe substantial, a reasonable share, proportional to such use, of the cost of operation; and main-
taining facilities so used, may be charged.
1. The sponsor will furnish to any civil a -ercy of the r7nited States, without charge (except for
light, heat, janitor service, and similar facilities and services at the reasonable coat thereof), such space',
in airport buildings as may ha reasonably adequate for use in connection with any airport c.ir traffic control
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'activities, w- alter- reporting activities and communications activities related to airport air traffic con-
, trot, which are necessary to the safe and efficient operation of the airport and which such agency may deem
necessary to establish and maintain at the airport.
m. The sponsor will maintain a current system of airport accounts and records, using a system of
its own choice, sufficient to provide annual statements of income and expense, balance sheet and affiliated
fiscal reporting. It shall, upon reasonable request, f�irni.sh the Administrator witb annual or special
,financial and operations reports. Such reports may be submitted to the Administrator on forms furnished by
.him, or may be submitted in such other manner as the sponsor elects, provided the essential data is furnished.
The airport and all airport accounts and records will be available for inspection at any time, upon reasonable
request, b the regional Superintendant of Airports or his authorized representatives.
n. The sponsor 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 macie herein, unless b-, such trans-
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action the obligation to perform all such covenants is assumed by another public a enc eligible under the
Regulations issued pursuant toithe Federal Airport pct, to assume such obligations and having the power,
authority, and financial resources to carry out all such obligations. If the mana),ement and operation of
the airport is relinquished wholly or in part, the sponsor agrees that it will reserve sufficient powers
and authority to insure that the airport will be operated and maintained in accordance with the pct and the
Regulations.
o. The sponsor will furnish to the Administrator through the Listrict Airport Engineer within
ten days after their execution or adoption, three copies of all deeds, leases, operation or management
jj agreements, laws, ordinances, rules and re or other instruments affecting the aeronautical use
of the airport. All leases, operation or mana, agreements, or other instruments affecting the aero—
nautical use of the airport shall contain a provision that such documents shall be subordinate and subject i!
to the provisions of the agreement.
p. The sponsor will acquire prior to the commencement of construction the following property
interests as shown on the outline survey attached hereto as Exhibit "A", none required. The sponsor will
acquire to-------- - - ---- U;e following property interests as shown on Exhibit "A"s
l Section 2. In order to satisfythe Administrator that the sponsor is qualified to sponsor the
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projecb the requirements established by Act and the Regulations, and to induce the United States
to enter into a Grant Agreement with respect to the project, the.sponsor does hereby warrant and represent
to the united States as followss
a. That it holds the following property interests as shown on Exhibit "A "c parcel 1 Title fee
simpleltjxhibit "A being that certain drawing attached hereto, approved 8/26/47 by J. V. otter and assoc—
iates as engineers and R. H. McHeill as Mayor.
b. That it has sufficient Bands available for that portion of the project costs v.hich is not
to be paid by the United States/
c. That is has the power and authority, of itself or through an agent, to receive a grant of
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Federal funds under the Act)
d. That it has the power and authority to make these assurances and to perform all the covenants
' and agreements contained herein)
e. That it is legally and financially able to operate and maintain the airport and to perform all `.
the covenants contained herein,
- f, That there is no pending litigation or other legal proceedings, and no material or relevant
fact, which might adversely affect the prosecution of the project, the operation of the airport, or the
periormance of any of the covenants contained in Sections 1 and 2 hereof, vh ich has not been brought to
the attention of the AdminJ14trator..
Section 3. This agreement shall become effective Imr.?ediately except that section 1 hereof shall
_ not be-effective until the execution of the Grant Agreement. This agreement shall be incorporated in the
Crant Agreement and become part thereof. This a;,Teemeet shall remain in full force andeffect during the
useful• life of the facilities developed under the project but in any evont not to exceed twenty years from
thedate of theeexecution of the Grant Agreement.
Section 4. If any provision of this agreement or any a pplication thereof shall be held - invalid,
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such invalidity shall not effect any provision or application of this Agreement which can be given effect with
out the _invalid provision or application,
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Section $. This document constitutes the (sponsor's) assurance as required under Sectiona 9 and
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11 of the act and shall be reverred to as the "Sponsor's Assurance Agreement."
!I A "Yea and "Nay" vote was had thereon with the following results, yeas Mason, Glaisyer, Myers,
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renrich and Harding. "Slay "s None. Absent and not votings Burrell.
Thereupon the Mayor declared the motion carried and the R adopted. 4,
There being no further business to comebefore the Council, it was moved by Councilmen Fenrich, -
seconded byCc mcilman ;laisyer, that Council adjourn. Motion carried.�� \
City Clark ` Mayor.
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