HomeMy WebLinkAboutOrdinances 1965 09/19/19943
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5 OgtDINANCE NO. 1965 N.C.S.
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8 Introduced by Seconded by
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10 AdANCY READ JANE HAMILTON
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16 A~JT~O~ZING P~7RC~IASE OF PE'TALiJ1VIA 1VIUNICIPAI.
17 AId~O~tT ~ANGAR NiJ1VIBEIt P-14 BY 'THE CI'T~' OF
1 g PE7'ALUlYIA FI20M 'I'1~E ESTATE O~' JACK B. W~EEI.ER
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21 WHEREAS, the City of Petaluma and Jack B. Wheeler entered into a"GROLJND LEASE
22 AGREEMENT FOR PRIVATELY OWNED HANGARS" dated April 13, 1994 for Petaluma
23 Nlunicipal Airport hangar location P-14; and
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25 WHEREAS, said ground lease provided the City with a"first right of refusal" to purchase
26 the privately owned hangar at the Petaluma Municipal Airport; and
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2g WHEREAS, Mr. Wheeler was unfortunately killed in a plane crash and his estate, through
29 executor Max A Mickelsen, has offered said hangar for sale pursuant to the hangar ground lease;
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32 WHEREAS, the Airport Commission approved the purchase of the hangar and the
33 executor of the estate of Jack B. Wheeler has agreed to the purchase and sale of said hangar in the
34 sum of $18,000 which reflects the fair market value.
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36 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETAI,UMA AS FOLLOWS:
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38 Section l. The City Council of the City of Petaluma hereby authorizes the City Manager
39 to execute the `BILL OF SALE AND AGREEMENT" attached hereto as E~ibit A.
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41 Section 2. If any section, subsection, sentence, clause or phrase or word of this ordinance
42 is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision
43 shall not affect the validity of the remaining portions of this ordinance. The City Council of the
44 City of Petaluma hereby declares that it would have passed and adopted this ordinance and each
Ord. 1965 NCS Page 1 of 2
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and all ~rovisions ther~of irrespective of the fact that any one or more of said provisions be
declared unconstitutional.
Section 3. The City Clerk is hereby directed to post this ordinance for the period
and in the manner required by the City Charter.
INTRODUCED and ordered posted this 7th day of September , 1994.
ADOPTED this 19th day of ~PntPmhPr , 1994 by the following vote:
AYES: Parkerson, Read, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss
NOES: None
ABSENT: None
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, Mayor
ATTEST:
~, F..
City Clerk p~~111~! ~,! ( ~~_~'~iC
winword\ord
8/8/94 (finlc)
Ord. 1965 NCS Page 2 of 2
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BILL OF SALE AND AGREEMENT
AGREEMENT between Max A. Mickelsen, the F~cecutor of the Estate of Jack B.
Wheeler, Deceased ("Seller"), and The City of Petaluma ("Buyer").
1. In consideration of a cash payment in the amount of Eighteen T'housand
Dollars ($18,000), Seller hereby sells, assigns, and transfers to Buyer hangar number P-14
at the Petaluma Municipal Airport. Buyer agrees to make said cash payment within
~ifteen (15) days of execution of this agreement by both parties, and if payment is not
made, this agreement is void.
2. This sale is being made pursuant to a right of first refusal provided in
paragraph 6 of that lease agreement dated April 13, 1993, between Jack Wheeler, as
Lessee, and The City of Petaluma, as Lessor. Buyer has examined the property, finds the
condition of the property acceptable, and agrees to purchase the hangar on an "as is"
basis. Seller makes no representations with respect to the hangar, other than marketable
title.
3. The parties hereto covenant and agree that they will execute such other
and further instruments and documents as are or may become necessary or convenient to
effectuate and carry out this Agreement.
SELLER
June ~ O , 1994
Max . Micl:elsen
Executor of the Estate of
Jack B. Wheeler, Deceased
BUYER
June , ~ ~> , 1994
Jo~~ L. Scharer
P luma City Manager
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ord. lql~5-Jcs ~~,~,~,~~~~~ '.