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I II I /{,3 City Council - Page 2 the airport property to Mr. Lowman, as per his request, in my opinion there are a number of questions that should be answered before a proper decision can be made. First of all, does the City intend to continue to use and administer the subject property for and as a municipal airDort? If it so continues, and in a serious manner, continuously utilizing and maintaining the property for airport purposes of a truly worthwhile nature, then, of course, conveyance should not be considered and Mr. Lowman probably would not expect or ask for conveyance. On the other hand, if the City will not continuously utilize and maintain the property in a serious and worthwhile manner as an airport, then, not only can it legally convey, but, it is entirely possible that Mr. Lowman could force conveyance. That due to the fact that the City would not be complying with the terms of its agreement with Mr. Lowman. The City must fully bear in mind that it has agreed to use and administer the property for twenty years as its own ordinance declares. This is a positive declaration of acceptance, and is such a consideration as Mr. Lowman might well be able to enforce over the remainder of the twenty year period. Thus, full compliance with the "use and administer" provision must be made by the City for the remainder of said period; otherwise, a conveyance to Mr. Lowman would be advanta- geous to the City as it would absolve the City of a positive obligation. However, we must bear in mind also that in some fashion the owners of lots within the Municipal Airport Addition may have developed vested rights which they could enforce to the extent of also requiring the City to "use and administer" the airport property for the full twenty years. If such rights have vested under the law, then waiver by jilr. Lowman alone would not bind said lot owners. I am not prepared to state for certain as to whether the said lot owners ha~e now acquired such vested rights. It is entirely possible, however, that their purchases of their lots in contemplation of the City's continuous "use and adminis- tration" for twenty years of the airport property, and their subsequent making of valuable improvements on some of said lots, might well be found by a court of law to entitle them to insist upon the City complying with its agreement for the full twenty years. To sum up, if the City decides to continue administer" the airport property, it must be certain Utilize and maintain such property for such purpose. least, this would require maintenance of all present in good, operating order. On the other hand, if the to "use and to seriously At the very facilities City decides