REGULAR MEETING
August 11th, 1941
The Regular Meeting of the City Council of the City of Dover was held on the 11th day of August, 1941. The meeting was called to order at 7:30 P. M. with Mayor Woodford presiding and on roll call the following members answered “PRESENT”: Messrs. Downes, LeFevre, Millman, Keith, Burton, Hartnett and Vane.
MINUTES
Upon motion of Messrs. Burton and Vane, the reading of the minutes of the last regular meeting was dispensed with.
CITY MANAGER’S REPORT
The City Manager’s report for the month of July was read by Clerk and accepted upon motion of Messrs. Downes and Burton.
Upon motion of Messrs. Downes and Burton, the City Manager was authorized to purchase additional land from the Creadick Heirs for the purpose of making an additional taxi strip between runways at the new airport. Upon motion of Messrs. Downes and Keith, Council adopted the following resolution and authorized the City Clerk, City Solicitor, City Manager and Mayor to sign the necessary papers for the adoption of this resolution:
RESOLUTION CONSTITUTING AGREEMENT WITH THE UNITED STATES RELATIVE TO OPERATION AND MAINTENANCE OF THE DOVER AIRPORT.
WHEREAS, the Administrator of Civil Aeronautics of the United States Department of Commerce (hereinafter referred to as “Administrator”), acting pursuant to the terms of the Department of Commerce Appropriation Act, 1942 (Public Law 135, 77th Congress, Title 11), has designated as necessary for national defense a project (herein called the “Project”) for development of the Dover Airport (herein called the “Airport”), which project is identified as S-904-7-1; and
WHEREAS, as a condition precedent to release and operation of the Project, the Administrator requires that the City of Dover (herein called the “City of Dover”) have title in fe simple to the landing area of the Airport 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 Dover is legally, financially, and otherwise able to enter into such an agreement and desires to avail itself of the benefits of prosecution of the Project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DOVER:
Section 1. That for an in consideration of development of the Airport by the Government as contemplated by the Project, the City of Dover does hereby covenant and agree with the Government as follows:
(a) The Government shall have the right to develop the Airport as it sees fit, including 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 of Dover 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 Airport as the Administrator may deem necessary or desirable in connection with the conduct of the Project.
(b) The City of Dover 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 materials furnished or work performed 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 of Dover, except where specifically agreed otherwise in writing, prior to the undertaking of the improvement or installation in question.
(d) The City of Dover 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 unjust 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.
(e) The City of Dover agrees that it will at all times during the term of this agreement
(f) Insofar as is within its powers and reasonably possible, the City of Dover 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.
(g) In order to protect the rights and interests of the Government under this resolution, the City of Dover 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.
Section 2. That the City of Dover does hereby warrant and represent to the Government as follows:
(a) That the City of Doer has title in fee simple to all the lands comprising the landing area of the Airport and to all lands to be improved under the Projeect, which lands are shown on the sketch attached hereto as part of Exhibit A, and that said lands are held free from any lien or encumbrance;
(b) That the City of Dover has the power and authority to adopt this resolution and to perform all the covenants contained therein;
(c ) That the City of Doer 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 performance of any of the covenants contained in this resolution, which has not been brought to the attention of the Administrator;
(e) That the City Council of the City of Dover has complied with all requirements of law in adopting this resolution.
(f) That such of the above representations and warranties as involve questions of law are made upon the advice of Melvin Hopkins of the City of Dover, whose certificate as to such matters has been previously delivered to the City Council and is annexed hereto and made a part hereof, as Exhibit A.
Section 3. That Melvin Hopkins and Joseph O. Willis be and they are authorized to furnish the Administrator such legal and factual information relative to the Airport, the Project, and this resolution as he may reasonably request.
Section 4. That Section 1 and 2 of this resolution shall become effective upon the award of any construction contract for any portion of the Project or the inauguration of any portion of the Project under force account, and shall continue in full force and effect during the useful life of the improvements made under the Project.
Section 5. That two certified copies of this resolution be sent forwith to the Administrator, through the Regional manager of Civil Aeronautics, 46 N. Cameron Street, Harrisburg, Pennsylvania.
FINANCIAL REPORT
The financial report for the month of July was read by the Clerk and approved upon motion of Messrs. Keith and Millman.
The annual report of the auditors was presented to Council for their approval; and after careful study, the report was accepted and ordered filed.
Upon motion of Messrs. Downes and Keith, the City Clerk was instructed to draw an order on the treasury in the amount of $4.28 payable to Mr. S. M. Harrington for an overpayment on City taxes.
ALDERMAN’S REPORT
The Alderman’s report for the month of July was read by the Clerk and accepted upon motion of Messrs. Keith and Downes. A check amounting to $66.00 was turned over to the City Manager, with the report of 14 arrests.
POLICE REPORT
The report of the Chief of Police was read by the Clerk and approved upon motion of Messrs. Hinkle and Vane.
PERMIT FOR FUEL TANKS
Upon motion of Messrs. Keith and Burton, the City Clerk was instructed to advise the Diamond State Telephone Company that the City Council would request that they install their fuel tanks either on the side or back part of the building on South State Street. This decision was made in order to overcome congestion in traffic while filling said tanks.
BUILDING PERMIT
Upon motion of Messrs. LeFevre and Hartnett, a permit for the erection of a garage on Hurley Avenue by Rev. E. J. Young was rejected.
FIRE SCHOOL
Fire Chief Thomas E. Baker appeared before Council asking for an appropriation of $50.00 for the purpose of sending the three fire chiefs to a fire school near Washington D.C., to be held the third week in August. Upon motion of Messrs. Keith and Downes, Council voted to appropriate the above amount, and they authorized Mr. harry R. Hancock to act as Chief of the Robbins Hose Company in their absence.
ADJOURNMENT
Council adjourned at 9:15 P. M.
Signed: ______________________
City Clerk