Las Vegas City Commission Minutes, February 17, 1937 to August 4, 1942, lvc000004-340

DEPARTMENT OF COMMERCE CIVIL AERONAUTICS ADMINISTRATION RESOLUTION ACCEPTING AN OFFER OF AID IN THE DEVELOPMENT OF THE LAS VEGAS MUNICIPAL AIRPORT, MALE BY THE UNITED STATES OF AMERICA THROUGH THE ADMINISTRATOR OF CIVIL AERONAUTICS OF THE DEPARTMENT OF COMMERCE AND PROVIDING CERTAIN ASSURANCES AND COVE­NANTS IN CONSIDERATION THEREOF. WHEREAS, the Administrator of Civil Aeronautics of the United States Department of Commerce through the Regional Manager of Civil Aeronautics, Santa Monica, California, advises that the development of the Las Vegas Municipal Airport in the approximate amount of $340,000.00 has been approved by the Board composed of the Secretaries of War, Navy and Commerce as necessary to national defense for inclusion in the construction program authorized by Public No. 812, 76th Congress, approved October 9, 1940. WHEREAS, the undertaking of this development is contingent on the fulfillment of certain conditions, to-wit; 1. That the City of Las Vegas through its properly constituted officials provide evidence that it has title or will obtain title prior to construction being placed underway to the requisite land for the project. 2. That the City of Las Vegas agree to accept full responsibility for the maintenance of the improved airport. 3. that the City of Las Vegas, agree to accept full responsibility for the operation of the improved airport as a public airport in the public interest. 4. That the City of Las Vegas agree to protect the aerial approaches to the airport to the full extent of its legal ability. 5. That the City of Las V gas agree to cooperate with the Civil Aeronautics Administration in the orderly prosecution of the proposed work. 6. That the City of Las Vegas agree to hold the United States harmless from all claims and damages which may arise from construction operations but are not a definite part thereof. WHEREAS the proposed development would be to the advantage and benefit of the City of Las Vegas. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LAS VEGAS, SECTION 1. That the City of Las V gas hereby agrees, subject to the United States undertaking the development of the Las Vegas Airport at an approximate cost of $340,000.00 as follows: REPRESENTATION AND WARRANTIES (a) That the City of Las Vegas owns and possesses title in fee simple to the lands comprising the landing area of the Las Vegas Airport, together with all other lands to be improved under the project will acquire title in fee simple to these lands without delay, which lands are more particularly described herewith by metes and bounds (which lands are shown herewith on Exhibit "A"); The East half (E½) and the East half of the Southwest Quarter (E½ of SW¼) of section Three (3); the West half of the Northwest Quarter (W½ NW¼); the Northeast Quarter of the Northwest Quarter (NW¼ of SW¼) of Section TWo (2); all in Township Twenty (20) South Range Sixty-two (62) East M.D.B. & M.; also the Southeast Quarter (SE¼) of Section Thirty-four (34): the West half of the Southwest Quarter (W½ of SW¼); and the Northeast Quarter of the Southwest Quarter (NE¼ of SW¼) of Section Thirty-five (35); All in Township Nineteen (19) South, Range Sixty-two (62) East M.D.B. & M. (b) That the City of Las Vegas has the power and authority under the laws of the State of Nevada to perform all of its obligations hereunder. SECTION 11. That the City of Las Vegas agrees to permit the agents of the Government and all contractors or sub-contractors engaged directly to indirectly in carrying out the project, including their agents and employees to enter upon, use and occupy the airport as may be deemed by the Government to be necessary or desirable in the conduct of the project. SECTION III. OWNERSHIP OF IMPROVEMENTS That all Improvements made under the project shall be the sole and absolute property of of the City of Las Vegas, except where specifically agreed otherwise prior to the undetaking of the improvement of installation. SECTION IV. MAINTENANCE OF AIRPORT FACILITIES That the City of Las Vegas agrees to accept full responsibility for the maintenance of the Las Vegas Airport, to include all work undertaken under this project by the United States of America. SECTION V. THE OPERATION OF THE AIRPORT. That the City of Las Vegas agrees to accept full responsibility for the operation of the Las V gas Airport for the use and benefit of the public on reasonable terms and without unjust discrimination and to grant no exclusive right therein contrary to the provisions of Section 303 of the Civil Aeronautics Act of 1938. SECTION VI. PREVENTION OF HAZARDS That the City of Las Vegas agrees, insofar as is reasonably possible and within its legal ability to protect the aerial approaches to the airport from the erection of structures or from growth tending to render the use of the airport dangerous to aircraft and that it will not erect on the airport or permit to be erected, any structure or building which will limit the usefulness of the airport or constitute a hazard to aircraft using the airport. SECTION VII. COOPERATION. That the City of Las Vegas agrees to cooperate with the Civil Aeronautics Administration in the orderly prosecution of the project. SECTION VIII RELEASE FROM CLAIMS That the City of Las Vegas agrees to hold the United States harmless from any and all claims or damages which may arise from the construction activities of the United States but are not a definite part thereof. SECTION IX CERTIFICATION That the City Clerk is hereby authorized and directed to send to the Administrator through the Regional Manager of Civil Aeronautics, Santa Monica California, two certified copies of this resolution with two certified copies of an extract of the minutes of this meeting of the Board of Commissioners showing all proceedings in connection with the adoption of this resolution. Commissioner Corradetti proposed the above and foregoing Resolution and same was seconded by Commissioner Gilbert. Voting aye; Commissioners Ronnow, Gilbert, Krause and Corradetti and His Honor the Mayor. Noes, none.