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RESOLUTION NO. 6 of 2019
A resolution for initiation and completion of eminent domain proceedings.
WHEREAS, the Salt Lake City Department of Airports owns and operates an airport in Tooele County that acts as a reliever to the Salt Lake City International Airport (SLCIA); and
WHEREAS, SLCIA handled over 325,093 aircraft operations during 2017, making it the twenty-third busiest airport in the United States, and conservative forecasts project that in the next 20 years operations at SLCIA will increase to over 436,000; and
WHEREAS, significant numbers of operations at SLCIA are attributable to flight school operations and other general aviation operations; and
WHEREAS, safety is enhanced when flight school operations and other general aviation operations can be separated from large commercial aircraft, particularly at airport facilities that are congested; and
WHEREAS, flight school operations and other general aviation operations benefit from facilities that are devoted to their needs due to the benefits of greatly reduced congestion, including enhanced safety, reduced wait times when using the airfield, and reduced fuel expenses associated with wait times; and
WHEREAS, the Tooele Valley Airport has the ability to support more flight operations than it does today; and
WHEREAS, operations at the Tooele Valley Airport do not interfere with the flight path or other operating needs of SLCIA, making it an optimal location to expand general aviation operations and facilities; and
WHEREAS, the Federal Aviation Administration (FAA) has expressed support for developing facilities at the Tooele Valley Airport to assist in reducing congestion and further enhancing safety at SLCIA; and
WHEREAS,
the FAA installed an instrument landing system (ILS) at the Tooele Valley
Airport to promote greater use of that airport by flight schools and other
general aviation aircraft; and
WHEREAS, some property interests surrounding the Tooele Valley Airport were impacted by the installation and operation of the ILS, which includes the airspace over certain property affected by federal regulations for missed approaches and for runway precision and non-precision approach and transitional surfaces, and other properties and property interests; and
WHEREAS, these property impacts are necessary to comply with federal requirements for funding, navigation and security, to control and protect the airspace close to the airport against obstacles that can penetrate mandatory surfaces and thereby impair flight activities, to protect persons and property on the ground within Runway Protection Zones at the ends of the runways, and to provide for proper operations at the airport; and
WHEREAS, the benefits of the ILS at the Tooele Valley Airport can only be achieved for that airport, for SLCIA, for the surrounding community in Tooele County, and for the state and regional aviation activities by impacting these property interests; and
WHEREAS, the Salt Lake City Council and Airport Board are strongly concerned with growth, congestion and safety issues, and how they impact SLCIA, the general aviation community, and aviation within this region; and
WHEREAS, the City of Salt Lake City (City) is authorized to acquire private property for public use through the exercise of eminent domain; and
WHEREAS, the City has determined that the airspace above certain parcels of land must be acquired to accommodate the public uses and purposes identified in the foregoing recitals, collectively referred to herein as “Public Uses and Purposes;” and
WHEREAS, the City has extended an offer to the property owner to purchase the property which is the subject of this resolution for its appraised value; and
WHEREAS, to comply with grant obligations to the FAA the City must acquire the property described below through the exercise of its power of eminent domain for the Public Use and Purposes, including without limitation, to alleviate congestion and improve safety at SLCIA by continued use of the ILS system at the Tooele Valley Airport; to comply with federal requirements for navigation and security; to control and protect the air space close to the Tooele Valley Airport against obstacles that can penetrate mandatory surfaces and thereby impair flight activities; to protect persons and property on the ground within the Runway Protection Zones; to improve safety and provide for proper operations at the Tooele Valley Airport; and for other public purposes;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah.
Section 1. The Salt Lake City Council finds and determines that the public interest requires the acquisition, of an avigation (airspace) easement burdening certain parcels of real estate located in Tooele County and identified as parcel numbers 14-11-0-0001; 14-11-0-0002; 14-11-0-0003; and 14-11-0-0004, as more fully described in Exhibits 1, 2, 3 & 4 attached hereto; for the Public Uses and Purposes described above, and for other lawful and legitimate Public Uses and Purposes.
Section 2. The parcels of property to be affected by the action taken in Section 1, above, are owned by Barbara Jean Kunz and Neil Norris Kunz as set forth below. The affected property is located at the following addresses in Tooele County, Utah: parcel 14-11-0-0001 at 3808 North 2125 West, Erda, Utah, titled in the name of Neil Norris Kunz; parcel 14-11-0-0002 at 3854 North 2125 West, Erda, Utah, titled in the name of Barbara Jean Kunz; parcel 14-11-0-0003 at 3908 North 2125 West, Erda, Utah, titled in the name of Barbara Jean Kunz; and parcel 14-11-0-0004 at 3966 North 2125 West, Erda, Utah, titled in the name of Barbara Jean Kunz.
Section 3. The proposed acquisition and the Public Uses and Purposes are planned and located in a manner that will be most compatible with the greatest public good and the least private injury; the Public Uses and Purposes are authorized by law; and the proposed taking is necessary for the Public Uses and Purposes;
Section 4. The Mayor, City Attorney, and the staff of the Salt Lake City Department of Airports are authorized and directed, on behalf of the City:
a. To acquire in the name of the City, easements in the real property as set forth herein, by purchase if a reasonable purchase price consistent with the City’s appraised value, can be negotiated, or by eminent domain proceedings.
b. To prepare and prosecute such proceedings or proceedings in the proper court having jurisdiction thereof as is necessary for such acquisitions.
c. To obtain from the court an order permitting the City to continue possession and use of said real property and easements affecting said real property, as may be necessary or helpful, for the purposes herein described.
d. To use the services of outside counsel as necessary or helpful, to accomplish these directives.
Section 5. This resolution shall take effect immediately.
Passed by the City Council of Salt Lake City, Utah, on the 20th day of March, 2019.