Loading...
SR 04-12-2016 1H Add to 1-H, I, J, and K 04/13/2016 Anne Samartha From:Bob Rigdon <bobrigdon@roadrunner.com> Sent:Tuesday, April 12, 2016 4:44 PM To:councilmtgitems Subject:Agenda Item 1 Closd Session Litigation Report Follow Up Flag:Follow up Flag Status:Flagged To City Council: I am a concerned neighbor of the airport, and I have a comment on the litigation to be discussed in tonight’s closed session. In 1994, the City made a bargain with the FAA to abide by some onerous “grant assurances” for twenty years. In return, the City bought the ability to move to something better starting in 2015. The twenty-year waiting period was a huge burden on me personally, but that was the deal. In 2003, the City asked for and received about $240,000 from the FAA, but the City Attorney’s office failed to reconfirm the 2015 expiration date. It is a basic rule of contract drafting to write down all the important terms, especially the ones that favor your client. The expiration date was crucial, and the City would clearly not have asked for or accepted money from the FAA at the price of a seven-year extension. By failing to document this term, the City opened the door to the argument that the grant assurances were extended until 2023. I find the case for this so-called extension to be pretty sleazy, but it has been argued by aviation lobbies and the federal government and Justice Aviation in all five cases before you tonight. Much litigation could have been prevented by a single sentence back in 2003. We knew that the FAA and the airport users were hostile and crafty. We knew that the road ahead was uncertain. This problem was entirely foreseeable. I intend no disrespect to the City Attorney’s office, but this poor drafting job should be a source of great embarrassment. The City Attorney’s office might prefer to sweep it under the carpet. Please consider this possible source of bias during your discussions this evening. Thank you for your hard work and difficult decisions. Very truly yours, Robert N. Rigdon 1