HomeMy WebLinkAbout0322 ResolutionRESOLUTION NO.- 322
WHERAS, the premises commonly know as the Pasco Municipal Airport
and comprising the fortr`er Naval Air Station in Pasco, Washington, has'
been declared surplus to the needs of the United States Government and,
the City of Pasco is anxious and desirous of acquiring the premises and
facilities of such former Naval Air Station, NOW, THERETF'ORE,
BE IT RESOLVED by the City Council of the City of Pasco as follows:
That the Mayor of the City of Pasco, John Beck, is hereby authorized
and empowered to negotiate for and to accept on behalf of the City of
Pasco: and to execute all necessary papers and documents in the name
of the City of Pasco for the acquisition of the above-described premises
with the understanding that the terms, conditions, reservations and.
restrictions of such transfer to the City of Pasco will include the
following:
1. The property shall not be used, leased, sold, salvaged, or
disposed of by the grantee or transferee for other than airport purposes
without the written consent of the Administrat6r of Civil Aeronautics,
which consent shall be granted only if the•Administrator of Civil Aero-
nautics determines that the property can be used,, Leased, sold, salvaged,
or disposed of for other than airport purposes with materially and adver-
sely affecting the development, operation, improvement, or mainteanance
of the airport conve7ed, or the airport at which such property is located.
2. The property shall be used and maintained for public airport
purposes with unjust discrimination.
3. No exclusive right for the use of the airport conveyed, or the
airport at which the property disposed of is located, shall be vested
(either directly or indirectly) in any person or persons to the exclusion
of others in'the same class, For the purpose of this condition, an
exclusive right is defined to mean any exclusive right.to use the airport
for conducting any particular aeronautical activity requiring operation
of aircraft; any exclusive right to engage in the sale or supplying of
aircraft, aircraft accessories, equipment, or supplies (excluding the
sale of gasoline and oil), or aircraft services necessary for the operation
of aircraft (including the maintenance and repair of aircraft, aircraft
engines, propellers, and applianceso,
4. The grantee shall, insofar as it is within its powers, adequat-
ely clear and protect the axial approaches to the airport by removing,
lowerinC, relocating, marking, or lighting or otherwise mitigating exist-
ing airport hazards, and by preventing the extablishment or creation of
future airport hazards.
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5. During any national emergency declared by the President or by
the Congress, the United.Sta�es shall Neve the right to make exclusive
or non-elclusive use and have exclusive or non-exclusive control :and
possession, without.char.ge.,of,the airport conveyed, or the airport at
which the surplus property is located.or used, or of -such portion thereof
as it may desire: Provided, however, that the United States shall be
responsible for the entire cost of maintaining such part of the airport
as it may use exclusively, or r' it may have exclusiveposse:ssion
and con.trols:during the period.,of such use, possession, or control, and.
shall be obligated to contri�ut`e a resonabl:e share, .commensurate with
the use made by it, of the cost, of maintenance of such property as it
may use non -exclusively or over which it may have non-exclusive control
and possession: Provided further, that the United States shall pay a
fair rental for is use,, control, or possession, exclusively or non -
exclusively, of any "improvements to the airport .made with . United State's
aid.
6. The United States shall at all times have the right to make
non-exclusive use of the. landing area of the airport,conveyed, or the
airport at which the surplus property is,lacated or used, with charge
Provided, However, that such use may be limited as may be determined at
any time (other than durin& the existence of a. -national emergency) by
the Admin'strator of Civil Aeronautics to be necessary to prevent undue
interference with use by other authorized aircraft: Provided further,
that the'Un'ited States shall be obligated.to pay for damages caused by
such use,'or if its use of the landing ar. ea is substantial, to contribute
a reasonable share ,of the cost of maintaining and operating the landing
area, commensurate with the use made by it..
.7. The grantee acceptinga conveyance or transfer of surplus
airport property shall release the United States.from any and all liab-
ility
iab-it ty it may be under for restoration or other, damages under any -lease
or other agreement -covering the use by the United.States or,any airport,
or part thereof, owned, controlled, or opera -ted by the.grantee upon Which,
adjacent. to which, .or in connection with which., the surplus property was
located'or used: Provided, that no such release shall be-construed'as
depriving.the grantee of any right it may otherwise have to.receive reg
imbursement under Section 17 of the Federal- Airport Act for the_,:.necessary
4.
rehabilitation or repair of public airports heretofore or tiered -9119'r sub-
mtantially damaged by any Federal Agency.
B. In the event that any of the terms, conditions, reservations,
and restrictions upon or subject to which the propertyd®f
are not met, observed, or complied with, all of the property so disposed
of, or any portion thereof, shall, at the option of the United States
as exercised_by the Civil Aeronautics Administrator, revert to the Unite=d
States in its then existing condition.
9. The transfer of all land will be subject to the' reservation
of fissionable materials in accordance with Executive Order No. 9908,
approved on December 5, 1947 (12 F.R. 8223)..
And further understanding that the transfer of this property is
subject to a determination that the City of Pasco is empowered by law
to accept the conveyance of the property under the foregoing terms and
conditions and further subject to a determination..by the Civil Aeronautics
Administration that the property is essential, suitable or desirabl3 for
development, improvement, iperation, or maintenance as a public airport
and also to authorization by the Administrator of 6neral Service
s
Administration,
ADOPTED by the City Council of the City of Pasco
this 9th day of October, 1952,
JOHN BECK
Mayor