HomeMy Public PortalAbout1965_10_27 162.
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 27, 1965.
A regular meeting of the Leesburg Town Council was held in the Council Cham-
bers, Leesburg, Virginia on October 27, 1965, the meeting being called to order
by the Mayor and Councilman Pumphrey leading the group in prayer. Those present
were Councilmen C. A. English Cole, C. Maloy Fishback, Maurice R. Lowenbach, Jr. ,
Walter F. Murray, Robert A. Orr and John W. Pumphrey; also Town Manager James W.
Ritter, Jr. and Town Attorney George M. Martin. In the absence of the Clerk, Mrs.
Betty Schelhorn was appointed Clerk Pro-Tem.
The minutes of the meeting of October 13, 1965 were approved with general
consent.
Mr. Lester Carr of DECO Electronics, Inc. presented two-way_radio equip-
ment,
in the form of a check in the amount of $1,069.00, payable to Motorola,
Inc. for the equipment ordered, to the Police Department. Mr. Carr presented
this equipment, saying that he felt that the Leesburg Police Department was per-
forming an excellent jab in cooperation with the Sheriff 's Office and that he
hoped this equipment would be of benefit to the Department. Mayor Rollins ex-
pressed his appreciation on behalf of the Council and the Police Department and
'asked that Mr. Carr feel free to call on the Town whenever the need arose.
Mr. B. Powell Harrison, representing the Loudoun Country Day School, pre-
sented an Agreement between the School and the Town for installing water line at
the School, stating that he believed the Agreement now contained the items re-
quested by the Council. Upon motion, duly seconded, Council voted unanimously
to authorize the Mayor to sign the following Agreement with the Loudoun Country
Day School :
THIS AGREEMENT made this day of October, 1965, between The Town
of Leesburg, a municipal corporation, hereinafter referred to as Party
of the First Part and Loudoun Country Day School, a corporation, here-
. inafter referred to as Party of the Second Part;
WITNESSET H:
That for and in consideration of the sum of Ten Dollars and other good
and valuable consideration and the mutual covenants herein, the said 111Parties hereto agree as follows:
(1) The Party of the First Part will install approximately one hund-
red (100) feet of 6-inch cast iron water line from the end of the 6-
inch main on Fairview Avenue in the Town of Leesburg.
(2) The Party of the Second Part will lay approximately 150 feet of
6-inch main, joining with the 100 feet that the Town installs. This
total of 250 feet should take this to the line to the corporate lim-
its on Fairview Avenue.
(3) The Party of the First Part will make the necessary water tap at
the end of this line and set a 11/4-inch meter on the dedicated right-
of-way at the end of the 6-inch water line.
(4) The Party of the Second Part will lay a 174-inch water line from
the meter to the School , the 174-inch water line being the property of
and responsibility of the Party of the Second Part.
(5) At such time that the development of the land through which the
17 -inch water line runs occurs and the necessity of serving water to
said development becomes necessary because of such development, this
agreement between the Party of the First Part and the Party of the Sec-
ond Part will become null and void, and the Parties hereto agree that
they will enter into appropriate negotiations for a new agreement be-
tween
the Parties hereto at that time.
(6) The Party of the Second Part will pay to the Party of the First
Part the sum of Two Hundred Dollars ($200.00) for the cost of making
•
the necessary tap and setting the 174-inch meter at the end of the 6-
inch line as referred to in Paragraph 2 and 3 above.
(7) The Party of the First Part hereby agrees that it will comply with
the conditions to which it has obligated itself in this agreement within
the period of sixty (60) days from the date hereof and the Party of the
Second Part hereby covenants that they will perform the conditions which
163
MINUTES OF OCTOBER 27, 1965 MEETING. .
they have obligated themselves in this contract within sixty (60) days
after the Party of the First Part has complied with the condi-tions
hereinabove set forth.
In Witness whereof the Parties hereto have set their hands and seals
this day and year first above written.
TOWN OF LEESBURG
Attest : By
U
Mayor
Clerk
•
LOUDOUN COUNTRY DAY SCHOOL
Attest : By
• President
Secretary
Mr. William W. Denlinger , President of Tri-County Refuse Service Co. , Inc. ,
JO addressed Council, presenting two letters, one offering to purchase 9 acres of
Ij land located at Watson for $5,000.00 and the other offering to purchase the en-
0 tire 23.2216 acre tract at Watson (which tract is owned by the Town) for $10,000.
Ca He asked that the Town give these offers consideration and advise him of its
o wishes in the matter. Mayor Rollins referred this matter to the Public Works
L) Committee, said Committee to make a recommendation at the next Council meeting.
Town-Manager Ritter reported on the progress of the storm drainage projects,
stating that the Woodberry project should be completed by Wednesday of next week,
which will run within the contract time. He reported that the Harding condemna-
tion suit was heard in Court last week, with the Court .awarding Mr. Harding
$1,000 for his storm drainage easement. The A & P project is about 50 per cent
complete, with the possibility of all concrete being poured before cold weather
and the entire project being completed this winter. He said that moneywise , the
projects are progressing very well, no rock having been encountered. Mr. Ritter
also reported that sidewalk, curb and gutter on Old Waterford Road had been com-
pleted and that the Highway Department is widening the road in that area. He al-
so reported that work is progressing around the Penn Building and from M & G
Motors down to South Street. Mr. Ritter also reported that he had done a -
great ;deal of investigation with regard to the drainage situation at the A & P
lot and had been unsuccessful in finding any plans on this work at all. He
said that Town forces have spent a considerable amount of time in looking at the
situation on this lot and trying to trace pipes across the lot and that there
is still more work to be done. This drainage problem continues.
Councilman Cole asked if any action has been taken on the Children 's Center
Agreement, to which Mr. Ritter replied that the 8-inch pipe is large enough to
take care of any growth in this area and that we are waiting on the easements
from their attorney. After discussion on this matter, upon motion of Councilman
Fishback, seconded by Councilman Pumphrey, the following resolution was adopted
by a vote of 6 for and 1 abstention, that being Councilman Lowenbach:
BE IT RESOLVED by the Council of the Town of Leesburg, that the National
Children's Rehabilitation Center be .allowed to connect two proposed build-
ings, identified as future dormitories on Sheet No. 4 of plans drawn by
Walter L. Phillips and dated April 19, 1963, to the present sewer line
constructed by them when such buildings are ready for occupancy; and
provided an easement is granted in accordance with the original agree-
ment.
I .
Councilman Fishback requested Council to go on record as approving the side-
walk to go to the far side of the road going into Ayrlee Subdivision. This mat-
ter was discussed but was tabled until next meeting.
Councilman Orr stated that.a complaint had been made with regard to bricks
being stacked in the rear of the Times-Mirror Building, which bricks interfere
with parking in that location. .
Mayor•Rollins requested that an estimate be secured on the hard-surfacing
of Second Street , and also requested that street lights be placed at the entrance
to General Marshall 's home and one on Pershing Avenue.
1_ 64
MINUTES OF OCTOBER 27, 1965 MEETING.
Upon motion, duly seconded, the following resolution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg, that the
State Highway Department be requested to take into the Secondary.Sys-
tem the streets in Section 2 of Virginia Knolls Subdivision, which
streets have been built in accordance with Town of Leesburg and State
Highway Department Standards.
} 4 Upon motion of Councilman Orr, seconded by Councilman Cole, Council voted
h that the following appropriation be made, Councilman Lowenbach voting against
this appropriation:
Appropriate 61,700.00 - to pay Jesse Randolph for the use of his
landfill for the remainder of the fiscal year , on the basis of $200.00
per month from Oct. 19, 1965 to June 30, 1966.
Upon motion of Councilman Orr , seconded by Councilman Pumphrey, Council voted
that the following appropriation be made :
Appropriate $15.30 from Public Improvement Fund to reimburse George
• • Martin for the following:
$5.00 - Filing Election Order
• 1.30 - Telephone calls to Reed, Hoyt, Washburn & McCarthy
9.00 - Recording Athey Deed
• $15.30
Upon motion of Councilman Orr, seconded by Councilman Murray, Council voted
that the following appropriation be made :
Appropriate $15.90 from Utility .Fund to reimburse George Martin for
recording Phillips-Nickels Well .Deed.
Upon motion of Councilman Orr, seconded by Councilman Murray, Council voted
that the following appropriation be made :
Reimburse General Fund $1,801.32, and charge to Public Improvement Fund,
the following:
$ 73.50 - Recording Fees for Storm Sewer Easements over Scully,
. Francis, Greene, Harding, Gilbert, Heywood, Stewart &
Taylor.
1,718.87 - Robert Montgomery's salary through 10/15/65.
8.95 - Equipment & Supplies for Montgomery.
$1,801.32
Upon motion of Councilman Orr, seconded by Councilman Cole, Council voted
that the following appropriation be made :
Appropriate $5,115.00 to pay for proposed installation of 6 inserting
valves in the water system.
Upon motion of Councilman Orr, seconded by Councilman Murray, the following
resolution was placed on the floor for discussion:
•
BE IT RESOLVED by the Town Council of the Town of Leesburg, that the
Town Police be given a 10% across the board increase in salaries as
follows : •
Present Recommended
7 Salary Salary
•
Kirk $5,720.00 $6,292.00
Athey 5,020.00 5,522.00
Kidwell 4,880.00 5,368.00
Lloyd 4,880.00 5,368.00
Keyes 4,600.00 5,060.00
Harwood 4,220.00 4,642.00
Smithson 4,000.00 4,400.00
05
MINUTES OF OCTOBER 27, 1965 MEETING. •
AND BE IT FURTHER RESOLVED, that a pay study be conducted at least
every two years of all Town employee salaries and adjustments made
if necessary.
After discussion, upon motion of Councilman Lowenbach, duly seconded, Council
voted that this matter be sent to the Committee as a whole for discussion.
Upon motion of Councilman Lowenbach , seconded by Councilman Orr, the fol- -
lowing resolution was unanimously adopted:
• BE IT RESOLVED by the Town Council of the Town of Leesburg, that $1,000.00
be appropriated from the Public Improvement Fund to pay William L. Harding,
Jr. in accordance with the condemnation award for Storm Sewer Easement ,
AND BE IT FURTHER RESOLVED that $65.00 be appropriated to pay the Com-
missioners in the condemnation case, and $20.00 to pay Betty Schelhorn
for Recorder 's Fee.
Mr. Stanley Caulkins of the Airport Commission read a letter from Mr. Curtis
• F. Greve , District Airport Engineer, Federal Aviation Agency (copy of which is at-
tached hereto) , regarding instructions to complete the Project Application for
JD extending the north taxiway at the Godfrey Airport. , Mr. Caulkins explained that
10 this Application has not committed the Town to anything, but that these steps
C must be completed prior to the grant agreement being made by the FAA. After
Udiscussion, Councilman Murray moved that the Mayor be authorized to sign, on
Ca) behalf of the Town of Leesburg, the Project Application to extend the taxiway
at Leesburg Municipal Airport. Mr. Caulkins explained that the Town Manager
had signed the application for the previous grant from the FAA and that it would
seem feasible that he should sign on behalf of the Town. Councilman Murray then
withdrew his original motion and moved the following resolution, which was duly
seconded and adopted by a unanimous roll call vote :
BE IT RESOLVED that the Project Application be adopted by the Council,
and the Town Manager be authorized to sign on behalf of the Town. (A
copy of the Project Application is attached hereto).
Upon motion of Councilman Lowenbach, seconded by Councilman Pumphrey, the
following resolution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg, that
$2,000.00 be appropriated to pay James W. Murray for Air Space Ease-
- ment at Leesburg Municipal Airport, such money to be appropriated
out of the Public Improvement Fund.
•
Upon motion of Councilman Fishback, seconded by Mayor Rollins, the follow-
ing resolution was unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg, that the
Town Manager be authorized to rebuild S. Church Street between Loud-
oun and Royal Streets in order to correct a bad drainage situation.
Such work to consist of scarifying, reshaping and the addition of 11"
plant mix top.
AND BE IT FURTHER RESOLVED that $1 ,200.00 be appropriated to do this
work.
Upon motion of Councilman Pumphrey, seconded by Councilman Fishback, the
following resolution was placed on the floor for discussion :
BE IT RESOLVED by the Town Council of the Town of Leesburg, that the
Route Symbols which were recently erected by the State Highway Depart-
ment are objectionable in arrangement , and are a hazard to pedestrians,
now, therefore,
BE IT FURTHER RESOLVED that a restudy be made by the State Highway De-
partment of the placement of Rts. 7 and 15 Markers in the Town of Lees-
burg and that the results of such study be reported back to the Town
with a suggested rearrangement of these signs, and that such study be
presented to the Town Council for their consideration and approval.
16
MIIv`UTES OF OCTOBER 27, 1965 MEETING.
After discussion of this motion, Mayor Rollins moved to amend the motion by add-
ing the following:
AND BE IT FURTHER RESOLVED, that whereas the Town of Leesburg has ac-
glared additional land on Ayr Street in the Town of Leesburg, and the
Town has repeatedly requested the Highway Department to widen said Ayr
1 Street in the Town of Leesburg for the purpose of correcting a very-
objectionable and dangerous situation, it is now again requested that
7 this street be widened and improved.
AND BE IT FURTHER RESOLVED, that a copy of this resolution be sent
to the Resident Engineer in Leesburg, to the District Engineer in
Culpeper and to• the Commissioner of Highways in Richmond.
This amendment was seconded by Councilman Orr and adopted. The entire motion, as
amended, was then unanimously adopted.
Councilman Fishback said he wished to question the use of trailers as of-
fices on job sites, which was referred to in the minutes of the last meeting.
Councilman Murray said that Council had voted to have the Town Manager advise
Stone & Webster Engineering Co. that the site at the Texaco station was not
satisfactory with the Council and that he (Mr. Murray) had offered them a spot
to park behind the Bowling Alley and that Mr. John Ours had offered to give them
a place to park also if they would contact him. Councilman Fishback suggested
that this matter be referred to the Town Attorney for some suggestion as to what
might be done with regard to this type of request.
There being no further business, the meeting adjourned with general consent
at 10:00 P.M.
• J�
Mayor
3; . •t ldMzrti
Clerk of e Council Pro-Tem
i •
•
/
District Airpurt Engineer., DCA-600
800 Indcccn4anca 9vcnt.c2, S. W. s
�' Wachirgtc.i, D. C. 20553 '1, " ,, t -iC•- '•
/ f
In reply
refer to DCA-618
tiz. Cc_r£a jC^_^ri 1, Chalrr2 .
Lccsbt.i.g Airport Ccc 1u',1.•r
Box 691
laesb'.rg, vicgi..na o
Subject: Leesburg Municipal, Airport - Leosbutg, Va. .
Project No. 9-66-014- 02 •
Dar Mr. liarerly:
Reference La Tads, to your trlkphe- conversation with N. B. Rochelle
of thio office on September 26, 1963, regarding the 'proaoccd subject
project under-the Pede:al-aid Airport Program.
As agreed to oy you , the fitei psur.J, spcaffections and Project
Applicc[iar for that Lbovri project. sheeld be submitted to this office
oa or '•efnre Hew-cf.-et i,• i9t5. it it irprrtant that Itis data ba'mnt, a
faili.ro do so :t.,k r^a!,ic it a ..;.th17..a.3al of the aliscaticn.
Pica: , s--ale the atove i...!ctent', in tic foliozirg nc ber:
. Pl •rs c-d Sp^cific.atithi - four copies
Pae ,;t Design, FAA co'r. 1. 13 - three copies
Project Application, FAA :urn 1626 - seven copies •
'1 If th-ere are art gc.eeci�- :,, ilea.:c rc r Ls know.
Sincerely yoctu,
• 7
if
Chore F. Greve
District Airport Eagit* er
cc: Mr. Proton
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Lit.
{ N c .1
.-14 i ♦ •n r Page 1 •
•
t: .rTHE FOLLOWING IS A SUMMARY OF THE ESTIMATED COSTS OF THE PROJECT: Rr n
..U`-4 - 4 e,t ESTIMATED ESTIMATED - .-c
.'fes . - 1 TOTAL , SPONSOR'S SHARE FEDERAL SHARE ,, .•1
, , -4 ITEM ' ESTIMATED OF COST, OF COST ,
COST
AMOUNT CEER-T AMOUNT
CENT
`P
° ' 1. LAND COSTS •. ,- ——
2- CONSTRUCTION COSTS 48,000 ." t' l:_ s _ '
t � `4 `` s '
a3. ENGINEERING AND" e c z 2 ,y
a gy -SUPERVISION COSTS 6,500 -Zt`, s r t rs
. . - a /fr z z -
, s4. ADMINISTRATIVE COSTS200 aya e a /,44 - f r '
5. Total of 2, 3, and 4 .
above 54,700, 27,350 50 27,350 50
1f 6. CONTINGENCIES 4,300 2 , 150 50 2 , 150 50 .,
7. TOTAL ALL ESTIMATED 41,4itge ; x a
PROJECT COSTS 4,-'4',,,..::-
'-, - `' �% •
(Items 1, 5, and 6) 59,000 29,500 t d Fes": 29,500
Part II—REPRESENTATIONS
The Sponsor hereby represents and certifies as follows:
. . ......... . ..I,'c1-_. Legal•Authority—The Sponsor has the legal power and authority ;-(1) to_do.all ''
' ' things necessary MP orde2' to undertake and carry out the Project in conformity with the '
Act and the Regulations; (2) to accept, receive, and disburse grants of funds from the
United States in aid of the Project, on the terms and conditions stated in the Act and the
Regulations; and (3) to carry out all of the provisions of Parts III and IV of this Project
Application.
2. Funds.—The Sponsor now has on deposit, or is in. a position to secure, ,. '
.h $291500 for use in defraying the costs of the Project. The
, y g � present status of ,Y
these funds is as follows: '
Appropriation by Commonwealth of Virginia.. ` . .
- . •`
°t` t 3. Compatible Land Use.—The.Sponsor has?'taken the following actions to assure i
compatible usage of land adjacent to or in the vicinity of the airport:
(not applicable)
•
,4,
t; 4
FAA Form 1624-Page 2 w-e+ (5`100 ' .
FAA AC SS-5165.
,
c
4' •
'r e _ . Peg, 3 ,.
•
4. Approvals of Other Agencies.—The Project has been approved by all non-Federal e •
agencies whose approval is required, namely:
Division of Aeronautics., - Virginia State Corporation
- Commission.
•
•
•
'5. Defaults.—The Sponsor is not in default on any obligation to the United States or
any agency of the United States Government relative to the development, operation, or
• Maintenance of any airport, except as stated herewith: ••
-
J
•
1 O
6. Possible Disahilities.There are no facts or circumstances (including the exist-
ence of effective or proposed leases, use agreements, or other legal instruments affecting
• use of the Airport or the existence of pending litigation or other legal proceedings)
which in reasonable probability might make it impossible for the Sponsor to carry out
and complete the Project or carry out the provisions of Parts III and IV of the Project
Application, either by limiting its legal or financial ability or otherwise, except as follows:
-
7. Land.—(a) The Sponsor holds the following property interest in the following
areas of land' which are to be developed or used as part of or in connection with the Air-
port, subject to the following exceptions, encumbrances, and adverse interests, all of which
areas are identified on the aforementioned property map designated as Exhibit "A":
Fee simple title previously acquired
(Project No. 9-44-014-01)
•
The Sponsor further certifies that the above is based on a title examination by a qualified
attorney or title company and that such attorney or title company has determined that
the Sponsor holds the above property interests.
'Sate character of property Interest in each area and list and identify for each all exceptions, encumbrances, and
adverse Interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need
only be Identified here by the area numbers shown on the property map.
(9d4) 1
FAA Form 1624 Page 3 c9-o (5100)
nA ec es.zees
_. .
•
Page 4
(b) The Sponsor will acquire within a reasonable time, but in any event prior to ? f
the start of any construction work under the Project, the following property interest in
the following areas of land' on which such construction work is to be performed, all of
which areas are identified on the aforementioned property map designated as Exhibit
"A„
none -
•
•
(c) The Sponsor will acquire within a reasonable time, and if feasible prior to the
completion of all construction work under the Project, the following property interest in'
- the following-areas of land' which are to`be developed or-used as part of orlin connection- -- -
with the Airport as it will be upon completion of the Project, all of which areas are iden-
tified on the aforementioned property map designated as Exhibit "A":
none
•
•
•
A
•
•
'Sate character of property interest In each area and list and Identify for each all exceptions, encumbrances,and n .
adverse Interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need
only be Identif led here by the area numbers shown on the property map. •
FAA Form 1624 Page 4 (9441 (5100)
• FAA AC 65.[864
G
e�
,a.at I. Poge 5
Part III—SPONSOR'S ASSURANCES
In order to furnish the'assurances required by the Act and occupying space or facilities thereon will discriminate„
Regulations the Sponsor hereby covenants and agrees with the against any person or class of persons by reason of race,
United States, as follows: ' 'color, creed, or national origin in the use of any of the fa-
cilities provided for the public on the Airport.
1. These covenants shall become effective upon acceptance
by the Sponsor of an offer of Federal aid for the Project or b. That in any agreement, contract, lease, or other ar- '
any portion thereof, made by the FAA and shall constitute a rangement under which a right or privilege at the Airport
part of the Grant Agreement thus formed. These covenants is granted to any person, firm, or corporation to render to
shall remain in full force and effect throughout the useful life the public any service (including the furnishing or sale of
of the facilities developed under this Project, but in any event any aeronauticalparts, materials;or supplies) essential to
riot to exceed twenty (20) years from the date of said accept- the operation of aircraft at the Airport., the Sponsor will
ance of an offer of Federal aid for the Project. - insert and enforce provisions requiring the contractor:
... • I
2. The Sponsor will operate the Airport as such for the (I) to furnish said service on a fair, equal, and not
use and benefit of the public. In furtherance of this covenant unjustly discriminatory basis to all users thereof,
' (but without limiting its general applicability and effect),the and
•
Sponsor specifically agrees that it will keep the Airport open
to all types,kinds, and classes of aeronautical use without dis- (2) to charge fair, reasonable, and not unjustly dis- -
crimination between such types, kinds, and classes: Provided, criminatory prices-for each unit or sen-ice; Pro-
That the Sponsor may establish such fair, equal, and not un- vided, That the contractor may be allowed to make
justly discriminatory conditions to be met by all users of the reasonable and nondiscriminatory discounts, re-
• Airport as may be necessary for the safe and efficient opera- bates, or other similar types of price reductions to
tion of the Airport; And Provided Further, That the Sponsor volume purchasers.
may prohibit or limit any given type, kind, or class of aero-
nautical use of the Airport if such action is necessary for the
safe operation of the airport or'necessary to serve the civil c. That it will not exercise or grant any right or priv-
aviation needs of the public. ilege which would operate to prevent any person, firm, or
• corporation operating aircraft on the Airport from per-
forming any services on its own aircraft with its own em-
3. The Sponsor will not grant or permit any exclusive right ployees (including, but not limited to maintenance and re-
for the use of the airport forbidden by Section 308 of the pair) that it may choose to perform.
• Federal Aviation Act of 1958, and will otherwise comply with
all applicable laws. In furtherance of this covenant (but with •
-
out limiting its general applicability and effect), the Sponsor d. In the event the Sponsor itself exercises any of the
• specifically agrees that, unless authorized by the Adminis- rights and-privileges referred to in subsection b. the serv-
trator,it will not,either directly or indirectly, grant or permit ices involved will be provided on the same conditions as a
- - • -any-person,-firm, or corporation the exclusive right for the . would.apply to,the.furnishing-of-_such-services by contrite-
conduct of any aeronautical activities on the Airport, includ- tors or concessionaires of the Sponsor under the provisions
ing but not limited-to, charter flights, pilot training, aircraft of such subsection b.
rental and -sightseeing, aerial photography, crop dusting, •
aerial advertising and surveying, air carrier operations, air- 5. Nothing contained herein shall be construed-to prohibit
craft sales and services, sale of aviation petroleum products the granting or exercise of an exclusive right for the furnish-
whether or not conducted in conjunction,with other aeronauti- ing of nonaviation products and supplies or any service of a
cal activity, repair and maintenance of aircraft, sale of air- nonaeronautical nature or to obligate the Sponsor to furnish
craft parts, and any other activities which because of their any particular nonaeronautical service at the Airport.
direct relationship to the operation of aircraft can be regarded _
• as an aeronautical activity: Provided, That the prohibition 6. The Sponsor will operate and maintain in a safe and
against the grant or permit of an exclusive right as set forth serviceable condition the Airport and all facilities thereon
herein in no way alters the rights or obligations of the Sponsor and connected therewith which are necessary to serve the
under a surplus property instrument of transfer pursuant to aeronautical users of the Airport other than facilities owned
which surplus property was conveyed to the Sponsor by the or controlled by the United States, and will not permit any
United States pursuant the Surplus Property Act of 1944, activity thereon which would interfere with its use for air-
(81 Stat. 678), as amended. port purposes: Provided, That nothing contained herein shall
• be construed to require that the Airport be operated for aero-
4. The Sponsor agrees that it will operate the Airport for nautical uses during temporary periods when snow, flood, or
the use and benefit of the public, on fair and reasonable other climatic conditions interfere with such operation and
. terms, and without'unjust discrimination. In furtherance of maintenance; And Provided Further, That nothing herein
this covenant (but without limiting its general applicability shall be construed as requiring the maintenance. repair, res-
and effect), the'Sponsor specifically covenants and agrees: toration or replacement of any structure or facility which is
• - substantially damaged or destroyed due to an act of God or '‘
a. That in its operation and the operation of all facilities other condition or circumstance beyond the control of the
-
son the airport, neither it nor any person or organization Sponsor.
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FAA Form 1624 Page 5 (9-64) . (5100
FAA AC 653676
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7. Insofar as it is within its power and reasonably possible, manner as the Sponsor elects so long as the essential data a et
the Sponsor will, either by the acquisition and retention of furnished. The Airport and all airport records and documents
• easements or other interests in or rights for the use of land affecting the Airport, including deeds, leases, operation and
or airspace or by the adoption and enforcement of zoning use agreements, regulations, and other instruments, will be
t. regulations, prevent the construction, erection, alteration, or made available for inspection by any duly authorized repre-
growth of any structure, tree, or other object in the approach sentative of the FAA upon reasonable request The Sponsor
areas of the runways of the Airport, which would constitute will furnish to the FAA, upon request, a true copy of any
an obstruction to air navigation according to the criteria or such-document.
standards prescribed in Section A of FAA Technical Stand- •
and Order No. N18,or Advisory Circular (AC) No. 150/5300-
1,whichever is applicable according to the currently approved 11. The Sponsor will not enter into any transaction which
i airport layout plan. In addition, the Sponsor will not erect would operate to deprive it of any of the rights and powers
or permit the erection of any permanent structure or facility necessary to perform any or all of the covenants made herein,
which would interfere materially with the use, operation, or unless by such transaction the obligation to perform all such
future development of the Airport, in any portion of a run- covenants is assumed by another public agency found by the
way approach area in which the Sponsor has acquired, or may FAA to be eligible under the Act and Regulations to assume
hereafter acquire, property interests permitting it to so con- such obligations and having the power, authority, and finan-
cial resources to carry out all such obligations. If an arrange-
ment is made for management or operation of the Airport by
- any agency or person other than the Sponsor or an employee
8. All facilities of the Airport developed with Federal aid of the Sponsor, the Sponsor will reserve sufficient rights and
and all those usable for the landing and taking off of aircraft, - authority to insure that the Airport will be operated and
, will be available to the United States at all times, without maintained in accordance with the Act, the Regulations, and
charge, for use by military and 'naval aircraft in common these covenants.
with other aircraft, except that if the use by military and _
naval aircraft is substantial, a reasonable share, proportional
to such use, of the cost of operating and maintaining facilities 12. The Sponsor will keep up to date at all times an airport
so used, may be charged. Unless otherwise determinedby the layout plan of the Airport showing (1) the boundaries of the
FAA, or otherwise agreed to by the Sponsor and the using Airport and all proposed additions thereto, together with the
agency, substantial use of an airport by military and naval boundaries of all offsite areas owned or controlled by the
aircraft will be considered to exist when operations of such Sponsor for airport purposes, and proposed additions thereto;
aircraft are in excess of those which, in the opinion of the (2) the location and nature of all existing and proposed air-
' FAA, would unduly interfere with use of the landing area by port facilities and structures (such as runways, taxiways,
other authorized aircraft,or during any calendar month that:- aprons, terminal buildings, hangars, and roads), including all
proposed'extensions and reductions of existing airport facili-
ties; and (0) the location of all existing and proposed non-
a. Five (5) or more military or naval aircraft are regu- aviation areas and of all existing improvements thereon. Such
larly based at the airport or on land adjacent thereto; or airport layout plan, and each amendment, revision,existing• improvemthereof, shall be subject to the approval of the FAA,
b. The total number of movements (counting each land- which approval shall be evidenced by the signature of a duly •
ing:as a movement and each takeoff as a movement' of- . authorized representative of the FAA on the face of the air-
military or naval aircraft is 300 or more, or the gross ac- port layout plan. The Sponsor will not make or permit the
cumulative weight of military or naval aircraft using the making of any changes or alterations in the Airport or any
Airport (the total movements of military or naval aircraft of its facilities other than in conformity with the airport lay-
multiplied by gross certified weights of such aircraft) is out plan as so approved by the FAA, if such changes or al-
in excess of five million pounds. terations might adversely affect the safety, utility, or effI-
ciency of the Airport.
9. Whenever so requested by the FAA, the Sponsor will 13. Insofar as is within its power and to the extent reason-
furnish without cost to the Federal Government, for construe-
tion, operation and maintenance of facilities for air traffic able, the Sponsor will take action to restrict the use of land
control activities, or weather reporting activities and corn- adjacent to or in the immediate vicinity of the Airport to
activities and purposes compatible with normal airport opera-
municati n activities related toair traffic such areas tions includinglandingand takeoff of aircraft.
t.of land or water, or estate therein, or rights in buildingsof
the Sponsor as the FAA may consider necessary or desirable
for construction at Federal expense of space or facilities for 14. If at any time it is determined by the FAA that there
such purposes. The approximate amounts of areas and the is any outstanding right or claim of right in or to the Airport
nature of the property interests and/or rights so required property, other than those set forth in Part II, paragraphs
Will be set forth in the Grant Agreement relating to the Proj- 7(a), 7(b),and 7(c), the existence of which creates an undue
ect. Such areas or any portion thereof will be made available risk of interference with the operation of the Airport or the
• as provided herein within 4 months after receipt of written performance of the covenants of this Part, the Sponsor will
request from the FAA. acquire, extinguish, or modify such right or claim of right
in a manner acceptable to the FAA.
10. The Sponsor will furnish the FAA with such annual
- or special airport financial and operational reports as may 15. Unless the context otherwise requires, all terms used
be reasonably requested. Such reports may be submitted on in these covenants which are defined in the Act and the
forms furnished by the FAA, or may be submitted in such Regulations shall have the meanings assigned to them therein.
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FAA Form 1624 Page 6 (9-64) (5100)
FAA AC 65.2545
6 _. .. ... _.. v _. Page ]
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Part IV—PROJECT AGREEMENT
If the Project or any
portion thereof is approved by the FAA, and an offer of Fed-
eral
,.
aid for such approved Project is accepted by the Sponsor, it is understood and agreed
that all airport development included in such Project will be accomplished in accordance
with the Act and the Regulations, the plans and specifications for such development, as
approved by the FAA, and the Grant Agreement-with respect to the Project.
IN WITNESS WHEREOF, the Sponsor has caused this Project Application to be duly
executed in its name, this day of , 19
ar
(Name of Sponsor)
By
(Title)
OPINION OF SPONSOR'S ATTORNEY
I HEREBY CERTIFY that all statements of law - •
. - a
- --' - — made in this"-Project Application and all legal - - - - - -_.. ... ,_ P
conclusions upon which the representations and , ,
covenants contained herein are based, are in
,my opinion true and correct.
• (Title)
•
(Date)
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FAA Form 1624 Page 7 (9-64) (5100)