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HomeMy WebLinkAbout2000-04-06 - Agendas - Final AIRPORT BOARD AGENDA April 6, 2000 1 :30 p.m. Terminal Conference Room Fayetteville Municipal Airport 4500 S. School Avenue Fayetteville, Arkansas 1 . Call to Order. 2, Minutes of the Special Called Meeting February 24,2000. 3, Minutes of the March 2, 2000 Meeting. 4, Old Business: a. Update: The Airport Board Position-Paper The City Council at their March 7' meeting reviewed the "Position Paper". b. LaNita McKinney, Report on the Arkansas National Guard visit. C. Fayetteville Air Service - FBO move to the terminal. (Back up information not provided to office 5, New Business: a. Lease with Northwest Arkansas Technologies Center (Green hangar at 4240 S. School Avenue). b. Revised Minimum Standards for the Airport (draft copy and current copy attached). C. One year test program for hay harvesting from Airport lands previously maintained by Airport maintenance staff, approximately 100 acres (see attachment). d. Proposal for the development of a maze on Airport property located west of U. S. Highway 71 (presentation by Zina Starr). e. Lease: Jim Bell for aircraft maintenance in hangar located at 4230 S. School (previously leased by Tyson Aviation). f Wings Avionics - Ken Schossow Business Plan presentation to expand business. (Back up information not provided to office) 6, Other Business: a. Marketing report. b. Chairman's Remarks. 7, Adjourn. HAY HARVESTING (Test Program) This will be a one year test program for hay harvesting from the Airport land previously maintained by the Airport's maintenance staff. The approximate area is 100 acres. ADVANTAGES OF THIS PROGRAM: Further reduction of maintaining the airside and landside properties of the Airport. If the program is successfiil, the Airport will be able to reduce the size of mowing equipment for the mowing season year 2001 . This will reduce the cost allocation to the City of Fayetteville Motor Pool. DISADVANTAGES OF THIS PROGRAM: As the land involved will become hayfields, the appearance of closely mowed fields will not have the neat aesthetical appearance of years past. IP EXECUTIVE HANGAR LEASE AGREEMENT ats�tx iq - C��O"arfL -h This LEASE AGREEMENT made this day of 2000, between the City of Fayetteville, Arkansas, hereinafter called "Lessor and Northwest Arkansas Aviation 1 re 'll Technolopies Center of 4248 S. School, Fayetteville. Arkansas 72701 . he �ila' ssee WHEREAS, Lessor is the owner of an airport known as the Fayett y(ille Municipal Airport (Drake Field), herein referred to as the "Airport"; and WHEREAS, Lessor is the owner of a facility at the Airport; and WHEREAS, Lessee desires to lease this facility. NOW, THEREFORE, the parties, in considerati�\ on oftHe mutual covenants contained herein, hereby agree as follows: 41' Lessor leases to Lessee, andtlkessee'feases from Lessor, the facility located at 4240 South School Avenue, FayettevillerArk Asas,U'1701 as reflected on Exhibit 'A" attached hereto and made a part hereof. 2. Lessee is gr ted th/e use, without charge, in common with others similarly authorized, of the Airport, t th r with all facilities, equipment, improvements, and services which have been or may hereafter be provided at or in connection with the Airport from time to time including, but nolt limited to, the landing field and any extensions hereof or additions thereto, roadways, runwayg, ramps (including noise barriers), aprons, taxiways, flood lights, landing lights, beacons, control tower, signals, radio aids, and all other conveniences for flying, landings and take- offs. There are 27 automobile parking places available in front of the facility. 3 . Lessee shall have at all times the ftill and free right in ingress to and egress from the demised premises and facilities referred to herein for Lessee, its employees, students, guests, and other invitees. Such rights shall also extend to persons or organizations supplying materials or furnishing services to Lessee. 4. Subject to earlier termination as hereinafter provided, the initial term of the Lease Agreement shall be for a period of four years and two months (4 yrs. & 2 mos.), commencing on the later of. (i .) The Date of Lessee's Beneficial Occupancy, or (ii.) the V day of March, 200 (the effective date hereinafter referred to as the "Commencement Date") and ending on the 3011 day of April, 2004. Lessor further agrees to extend this Agreement for three additional five (5) year terms. The parties agree that the rental to be effective as of the commencement of each of the renewal terms shall be equal to the rate set forth in Section 5, as adjusted by the CPI Index, as defined to mean the monthly index published by the United States Department of Labor, Bureau of Labor Statistics. Consumer Price Index for all Urban Customers (CPI-U) Dallas-Fort Worth, Texas - All Items ( 1982- 1984- 100). Index utilized will be as of December 31 as published on March 31 prior to the renewal date. Lessor and Lessee agree that Either Party may terminate this Agreement atanytime afterthe firstyearof Lessee's beneficial occupancy by providing notice to theotherparty thirty (30) days prior to the effective date of termination. 5 . Lesseeagrees topayLessor forthe use of the demised premises, facilities, rights, and privileges granted hereunder the sum of $750.00 per month during the initial Lease term. Lease payments shall be due and payable in advance onorbefore the first ( 1 ") dayof each calendarmonth thereafter. -2- 6. Lessor shall maintain and keep in good repair so much of the Airport premises as is not under the exclusive control of Lessee. Lessee shall be responsible for the lawn care and the appearance of outside grounds of the facility. 7. Lessee shall provide for and supply at its expense all janitor service with respect to the demised premises, and shall pay for all utilities serving the dernised premises. 8. Lessee agrees to observe and obey Lessor's Ordinances and Regulations with respect to use of the demised premises and Airport; provided, however, such rules and regulations shall be consistent with safety and with all city, county, and state rules and regulations, including all current fire codes, and orders of the Federal Aviation Administration with respect to aircraft operations at the Airport. Lessor warrants and covenants unto Lessee that no hazardous or any other substances, as defined in 40 CFR 302, exist on the demised premises which are restricted, prohibited or penalized by an "Environmental Law", which term shall mean any federal, state or local law, regulation or ordinance relating to pollution or protection of the environment. If any testing or study discloses the existence of an hazardous substances on the dernised premises that are determined to have been present on the demised premises prior to the execution of this Lease, it shall be Lessor' s responsibility to timely arrange and pay for any costs associated with environmental testing and /or studies, remedial action, cleaning up or removing the hazardous substances to a proper disposal site in accordance with all applicable laws and the governmental agency having jurisdiction thereof. 9. Lessor authorizes Lessee to use the premises for the implementation and conducting of an Aviation Maintenance Technology Program, including but not limited to, the provision of such training and educational components as are required for an airframe and power plant certification -3- by the Federal Aviation Administration under FAR 147. Subject to the prior written approval of the Lessor, which shall not be unreasonably withheld; Lessee shall also have the tight to use the demised premises for other purposes ancillary or related to Lessee's operations. Aircraft, aircraft components and sub-components, vehicles, equipment, materials and or supplies necessary to the training program may be stored on the demised premises. Lessee further agrees to store flammable material only in approved containers, and not to violate the provisions of Lessor's standard commercially available property damage insurance policy. Any such violations shall constitute a material breach of this agreement. 10. If the demised premises are partially damaged by fire or other casualty which is not due to the negligence or fault of the Lessee, said premises shall be repaired with due diligence by Lessor at Lessor's expense. If the damage is so extensive as to render such building untenable, the rent payable hereunder shall be proportionally paid up to the time of such damage and shall thenceforth cease until such time as the premises shall be hilly restored. If the demised premises are completely destroyed, Lessor may reconstruct the hangar at the Lessor's own cost and the rent payable hereunder shall be adjusted as set forth above, or either Lessor or Lessee may at its option, cancel this agreement, such cancellation to be effective as of the date the hangar was destroyed, and the rent adjusted as set forth above. 11 . Lessor shall procure and maintain in force during the term of this Agreement fire and extended coverage on the facility in an amount equivalent to the replacement cost thereof. Lessee shall be required to insure any contents within the facility. -4- During the term of this agreement Lessee shall at all times maintain general public liability insurance in the amount of$ 1 ,000,000.00. Lessee shall file with Lessor' s Airport Manager Certificates of Insurance evidencing the insurance coverage required hereby. 12. Lessee agrees to indemnify Lessor against any liability for injuries to persons or damage to property caused by Lessee's gross negligent use or occupancy of the leased premises; provided, however, that Lessee shall not be liable for any injury, damage or loss occasioned by the negligence of Lessor or its agents or employees, and provided further, that each party shall give prompt and timely notice of any claim made orsuit instituted which in any way directly or indirectly affects or might affect either party, and each party shall have the right to compromise and defend the same to the extent of its own interest. This clause shall not be construed to waive that tort immunity as set forth under Arkansas Law. 13 . Improvements: . Lessee shall bear the cost of all improvements or additions made to the interior of the building for new classrooms and /or labs, including, but not limited to: (i) the construction of new walls and ceilings; (ii) the installation of new stairwells, doors and lighting fixtures; (iii) the relocation of existing and/or installation of new electrical circuits. No improvements or additions to any part of the leased premises shall be made by Lessee without the prior written approval of the Airport Manager. Any signs to be erected on or attached to the leased premises must have the prior written approval of the Airport Manager and confann to all City ordinances. 14. Maintenance: The Lessor shall be responsible only for major maintenance of the existing equipment, i.e. replacement of heating unit and other equipment installed by Lessor which includes roof, exterior walls and exterior plumbing, HVAC, existing paved ramp, and paved parking -5 - lots. The Lessor agrees that if the roof or any part of the exterior walls or exterior plumbing of said building thereof shall become defective or damaged at any time during the term due to ordinary wear and tear and not due to negligence of the Lessee, or Lessee's agents or invitees, upon notice from Lessee, the Lessor will immediately cause repairs to be made and restore the defective portions to good condition. Routine maintenance of the garage aircraft doors shall remain the responsibility of the Lessor. 15 . If Lessee fails to make any payment due hereunderwithin thirty (30) days of the date on which such payment is due, Lessor may, at its option, terminate this Agreement and take possession of so much of Lessee's personal property as is reasonably necessary to secure payment of the amount due and unpaid. Lessor shall also have the right to terminate this Agreement in the event Lessee breaches any other terms of this Agreement: provided, however, no breach shall be deemed to exist unless Lessee fails to cure said breach within thirty (30) days afterreceipt of written notice thereof As to curing of a breach (other than the payment of rent) which would reasonably require a greater period of time for curing than is provided for above, if the Lessee shall, within the time stipulated, commence such curing and diligently pursue same, then the above time period shall be extended to allow Lessee reasonable opportunity to complete said cure. 16. On the expiration or other termination of this Lease, Lessee's right to use the demised premises shall cease, and Lessee shall vacate the premises without unreasonable delay. All permanent interior structures installed, erected, or placed by Lessee in, on, or about the premises leased hereunder shall remain the property of Lessor. -6- 17. Lessor may enter the premises leased to Lessee at any reasonable time for any purpose necessary or incidental to the performance of its obligation. 18. Lessee shall maintain the dernised premises in a clean and orderly fashion at all times. 19. Lessee shall not start or operate aircraft engines within the facility leased hereby and shall not allow such operations by any other person. 20. Lessee shall not at any time assign this lease or sublet the demised premises without the prior written consent of Lessor. 21 . Any notice or consent required by this Agreement shall be sufficient if sent by Certified Mail, return receipt requested, postage paid, to the following address: LESSOR: Airport Administration Office 4500 S. School, Suite F Fayetteville, Arkansas 72701 PH : 501 -521 -4750 LESSEE: Chairman Northwest Arkansas Technologies Center 4248 S. School Avenue Fayetteville, Arkansas 72701 PH: 501 -443-2283 -7- 23 . This Agreement shall be construed under the laws of the State of Arkansas. 24. All the covenants, conditions, and provisions under this agreement shall extend to and bind the legal representatives, successors, and assigns of the respective parties hereof. IN WITNESS WHEREOF, the parties have executed this Lease on the day and year first above written. LESSOR: CITY OF FAYETTEVILLE, ARKANSAS By: Fred Hanna, Mayor ATTEST: By: Heather Woodruff, City Clerk LESSEE: NORTHWEST ARKANSAS AVIATION TECHNOLOGIES CENTER By: Name Title: ATTEST: By: Title: -8- EXECUTIVE HANGAR LEASE AGREEMENT This LEASE AGREEMENT made this . day of 2000, be n.the City b s of Fayetteville, Arkansas, hereinafter called "Lessor", and Northwest Ar2sas Aviation Technologies Center of 4248 S. School, Fayetteville, Arkansas 72701 , herei er called "Lessee". WHEREAS, Lessor is the owner of an airport known as the ttevi Municipal Airport (Drake Field), herein referred to as the "Airport"; and WHEREAS, Lessor is the owner of a facility at t e irport; WHEREAS, Lessee desires to lease this fit 'I at A119 ty'. NOW, THEREFORE, the parties, in c ' sider tion ofthe mutual covenants contained herein, hereby agree as follows: 1 . Lessor leases to Lessee, d Lessee leases from Lessor, the facility located at 4240 South School Avenue, F etteville. Arkansas 72701 as reflected on Exhibit "A" attached hereto and made a part hereof 2. Lessee is -granted the use, without charge, in common with others similarly authorized, of the Air rport, together with all facilities, equipment, improvements, and services which have been or ma'y hereafter be provided at or in connection with the Airport from time to time including, but not limited to, the landing field and any extensions hereof or additions thereto, roadways, runways, ramps (including noise barriers), aprons, taxiways, flood lights, landing lights, beacons, control tower, signals, radio aids, and all other conveniences for flying, landings and take- offs. There are 27 automobile parking places available in front of the facility. 3. Lessee shall have at all times the full and free fight in ingress to and egress from the dernised premises and facilities referre d to herein for Lessee, its employees, students, guests, and other invitees. Such rights shall also extend to persons or organizations supplying materials or furnishing services to Lessee. 4. Subject to earlier termination as hereinafter provided, the initial term of the Lease Agreement shall be for a period of four years and two months (4 yrs. & 2 mos.), commencing on the later of. (i.) The Date of Lessee's Beneficial Occupancy, or (ii.) the V day of March, 200 (the effective date hereinafter referred to as the "Commencement Date") and ending on the 301 day of April, 2004. Lessor further agrees to extend this Agreement for three additional five (5) year terms. The parties agree that the rental to be effective as of the commencement of each of the renewal terms shall be equal to the rate set forth in Section 5, as adjusted by the CPI Index, as defined to mean the monthly index published by the United States Department of Labor, Bureau of Labor Statistics. Consumer Price Index for all Urban Customers (CPI-U) Dallas-Fort Worth, Texas - All Items (1982- 1984=100). Index utilized will be as of December 31 as published on March 31 prior to the renewal date. Lessor and Lessee agree that Either Party may terminate this Agreement atanytime afterthe first yearof Lessee's beneficial occupancy by providing notice to theotherparty thirty (30) days prior to the effective date of termination. * 5. Lessee agrees to pay Lessor for the use of the demised premises, facilities, fights, and privileges granted hereunder the sum of $750.00 per month during the initial Lease term. Lease payments shall be due and payable in advance on or before the first ( I") day of each calendar month thereafter. .2� 6. Lessor shall maintain and keep in good repair so much of the Airport premises as is not under the exclusive control of Less ee. Lessee shall be responsible for the lawn care and the appearance of outside grounds of the facility. 7. Lessee shall provide for and supply at its expense all janitor service with respect to the demised premises, and shall pay for all utilities serving the demised premises. 8. Lessee agrees to observe and obey Lessor's Ordinances and Regulations with respect to use of the demised premises and Airport; provided, however, such rules and regulations shall be consistent with safety and with all city, county, and state rules and regulations, including all current fire codes, and orders of the Federal Aviation Administration with respect to aircraft operations at the Airport. Lessor warrants and covenants unto Lessee that no hazardous or any other substances, as defined in 40 CFR 302, exist on the dernised premises which are restricted, prohibited or penalized by an "Environmental Law", which term shall mean any federal, state or local law, regulation or ordinance relating to pollution or protection of the environment. If any testing or study discloses the existence of an hazardous substances on the dernised premises that are determined to have been present on the demised premises prior to the execution of this Lease, it shall be Lessor's responsibility to timely arrange and pay for any costs associated with environmental testing and /or studies, remedial action, cleaning up or removing the hazardous substances to a proper disposal site in accordance with all applicable laws and the governmental agency having jurisdiction thereof. 9. Lessor authorizes Lessee to use the premises for the implementation and conducting of an Aviation Maintenance Technology Program, including but not limited to, the provision of such training and educational components as are required for an airframe and power plant certification -3- by the Federal Aviation Administration under FAR 147. Subject to the prior written approval of the Lessor, which shall not be unreasonably withheld; Lessee shall also have the right to use the dernised premises for other purposes ancillary or related to Lessee's operations. Aircraft, aircraft components and sub-components, vehicles, equipment, materials and or supplies necessary to the training program may be stored on the demised premises. Lessee further agrees to store flammable material only in approved containers, and not to violate the provisions of Lessor's standard commercially available property damage insurance policy. Any such violations shall constitute a material breach of this agreement. 10. If the demised premises are partially damaged by fire or other casualty which is not due to the negligence or fault of the Lessee, said premises shall be repaired with due diligence by Lessor at Lessor's expense. If the damage is so extensive as to render such building untenable, the rent payable hereunder shall be proportionally paid up to the time of such damage and shall thenceforth cease until such time as the premises shall be fully restored. If the dernised premises are completely destroyed, Lessor may reconstruct the hangar at the Lessor's own cost and the rent payable hereunder shall be adjusted as set forth above, or either Lessor or Lessee may at its option, cancel this agreement, such cancellation to be effective as of the date the hangar was destroyed, and the rent adjusted as set forth above. 11 . Lessor shall procure and maintain in force during the term of this Agreement fire and extended coverage on the facility in an amount equivalent to the replacement cost thereof Lessee shall be required to insure any contents within the facility. During the term of this agreement Lessee shall at all times maintain general public liability insurance in the amount of$ 1 ,000,000.00. Lessee shall file with Lessor's Airport Manager Certificates of Insurance evidencing the insurance coverage required hereby. 12. Lessee agrees to indemnify Lessor against any liability for injuries to persons or damage to property caused by Lessee's gross negligent use or occupancy of the leased premises; provided, however, that Lessee shall not be liable for any injury, damage or loss occasioned by the negligence of Lessor or its agents or employees, and provided further, that each party shall give prompt and timely notice of any claim made or suit instituted which in any way directly or indirectly affects or might affect either party, and each party shall have the right to compromise and defend the same to the extent of its own interest. This clause shall not be construed to waive that tort immunity as set forth under Arkansas Law. 13. Improvements: . Lessee shall bear the cost of all improvements or additions made to the interior of the building for new classrooms and /or labs, including, but not limited to: (i) the construction of new walls and ceilings; (ii) the installation of new stairwells, doors and lighting fixtures; (iii) the relocation of existing and/or installation of new electrical circuits. No improvements or additions to any part of the leased premises shall be made by Lessee without the prior written approval of the Airport Manager. Any signs to be erected on or attached to the leased premises must have the prior written approval of the Airport Manager and conform to all City ordinances. 14. Maintenance: The Lessor shall be responsible only for major maintenance of the existing equipment, i.e. replacement of heating unit and other equipment installed by Lessor which includes roof, exterior walls and exterior plumbing, HVAC, existing paved ramp, and paved parking -5- lots. The Lessor agrees that if the roof or any part of the exterior walls or exterior plumbing of said building thereof shall become defective or damaged at any time during the term due to ordinary wear and tear and not due to negligence of the Lessee, or Lessee's agents or invitees, upon notice from Lessee, the Lessor will immediately cause repairs to be made and restore the defective portions to good condition. Routine maintenance of the garage aircraft doors shall remain the responsibility of the Lessor. 15. If Lessee fails to make any payment due hereunder within thirty (30) days of the date on which such payment is due, Lessor may, at its option, terminate this Agreement and take possession of so much of Lessee's personal property as is reasonably necessary to secure payment of the amount due and unpaid. Lessor shall also have the right to terminate this Agreement in the event Lessee breaches any other terms of this Agreement: provided, however, no breach shall be deemed to exist unless Lessee fails to cure said breach within thirty (30) days after receipt of written notice thereof As to curing of a breach (other than the payment of rent) which would reasonably require a greater period of time for curing than is provided for above, if the Lessee shall, within the time stipulated, commence such curing and diligently pursue same, then the above time period shall be extended to allow Lessee reasonable opportunity to complete said cure. 16. On the expiration or other termination ofthis Lease, Lessee's right to use the demised premises shall cease, and Lessee shall vacate the premises without unreasonable delay. All permanent interior structures installed, erected, or placed by Lessee in, on, or about the premises leased hereunder shall remain the property of Lessor. -6- 17. Lessor may enter the premises leased to Lessee at any reasonable time for any purpose necessary or incidental to the performance of its obligation. 18. Lessee shall maintain the dernised premises in a clean and orderly fashion at all times. 19. Lessee shall not start or operate aircraft engines within the facility leased hereby and shall not allow such operations by any other person. 20. Lessee shall not at any time assign this lease or sublet the demised premises without the prior written consent of Lessor. 21 . Any notice or consent required by this Agreement shall be sufficient if sent by Certified Mail, return receipt requested, postage paid, to the following address: LESSOR: Airport Administration Office 4500 S. School, Suite F Fayetteville, Arkansas 72701 PH: 501 -521 -4750 LESSEE: Chairman Northwest Arkansas Technologies Center 4248 S. School Avenue Fayetteville, Arkansas 72701 PH: 501 -443-2283 -7- 23. This Agreement shall be construed under the laws of the State of Arkansas. 24. All the covenants, conditions, and provisions under this agreement shall extend to and bind the legal representatives, successors, and assigns of the respective parties hereof IN WITNESS WHEREOF, the parties have executed this Lease on the day and year first above written. LESSOR: CITY OF FAYETTEVILLE, ARKANSAS By: Fred Hanna, Mayor ATTEST: By: Heather Woodruff, City Clerk LESSEE: NORTHWEST NSA VIATION TECHNOLOGIES E 14 By: Z Narn�- J/� - Title: C4�e:(Y) f\ t-� ATTEST: By:7 4� d Title: 71267MU9E�R, .8. MINIMUM STANDARDS FOR OPERATION AND COMMERCIAL ACTIVITIES AT FAYETTEVILLE MUNICIPAL AIRPORT FAYETTEVILLE , ARKANSAS it being necessary to protect the public health , safety and interest at Fayetteville Municipal Airport , the following procedures and minimum standards are hereby promulgated and adopted for the use of any land or facility at said Airport . SECTION 1 : DEFINITIONS As used herein , the following terms shall have the meaning listed : AIR OPERATIONS AREA : - (AOA) That portion of the Airport designated for use by aircraft and including all runways , taxiways , ramps , aprons and any other areas so delineated for use by aircraft , inside the perimeter fence . AERONAUTICAL ACTIVITY : - Shall mean any activity which involves , makes possible , or is required for the operation of aircraft or which contributes to , or is required for , the safety of such operations and shall include , but not by way of limitation , all activities commonly conducted on airports , such as charter operations , pilot training , aircraft rental , sight seeing , aerial photography , crop dusting , aerial advertising and surveying , air carrier operations , aircraft sales and services , sale of aviation petroleum products , whether or not conducted in conjunction with other included activities , repair and maintenance of aircraft , sale of aircraft parts , sale of maintenance of aircraft accessories , radio , communication and navigation equipment and any other activity which , because of its direct relationship to the operation of aircraft , can appropriately be regarded as an " aeronautical activity " . AIRCRAFT : - Any contrivance now known or hereafter invented , used or designed for navigation of or flight in the air . AIRPORT : - Shall mean Fayetteville Municipal Airport , Fayetteville , Arkansas owned and operated by the City of Fayetteville as a Department . 1 40 DRAFT AIRPORT BOARD : - Shall mean the five member Board , appointed by the Mayor to provide guidance for Airport Development . AIRPORT MANAGER : Shall mean the Manager of the Airport as designated by the City of Fayetteville or his / her designated alternate . AIRPORT TRAFFIC AREA : - Shall be as defined in the current Federal Aviation Regulations , Part 1 , and as such may be amended from time to time . CITY COUNCIL : - Shall mean the City of Fayetteville , Arkansas , Council as duly constituted at any time . DRIVER : - Any person who is in actual physical control of a vehicle . MASTER PLAN : - means the scaled dimensional layout of the entire airport , indication of current and proposed usage for each identifiable segment as approved by the City of Fayetteville Council and the Federal Aviation Administration . k MINIMUM STANDARDS : - The qualifications established herein , as amended from time to time by the City Council upon recommendation of the Airport Manager , setting forth the minimum requirements to be met as a condition for the right to conduct any commercial activity on the Airport . MOTOR VEHICLE :. - any ground vehicle that is self -propelled . MOVEMENT AREA : - the area which is under the direct control of the tower , it includes 500 feet perpendicular to and either side of the runway centerline , 200 feet outward from each threshold and a 118 foot area which encompasses each taxiway . PERSON : - Any individual , firm , partnership , corporation , company or association ; and including any trustee , receiver of similar representative thereof . PILOT : - Any person who is responsible for control of an aircraft . 2 DRAFT DRAFT SECTION 2 : USE OF AIRPORT RESTRICTED No person , firm , association , corporation or entity , incorporated or otherwise , shall use the Airport for any commercial activity , unless approved by a written permit , lease agreement or Letter of Agreement from the City of Fayetteville /Airport Manager . SECTION 3 : GENERAL RULES AND REGULATIONS The following rules and regulations shall be observed in the use , operation and conduct of or on the Airport : FEDERAL AIR TRAFFIC RULES . The rules of the Federal Aviation Administration for aircraft operated anywhere in the United States , and presently or hereafter effective , are hereby referred to , adopted and made a part hereof as though fully set forth and incorporated herein . SAFEGUARD OF PERSONS AND PROPERTY . The Airport Manager or his / her designated representative shall at times have authority to take necessary and legal actions to safeguard any person , aircraft , equipment or property at the Airport . LEASE OF AIRPORT PROPERTY . The City of Fayetteville may lease property within the building area or other portions of the Airport for the construction of hangars , buildings , aprons , taxiways and auto parking lots in accordance with the approved Airport Master Plan and Airport Layout Plan . Leased land from which any building , hangar , or structure is removed after due notice will be cleaned and put back in it ' s original condition by the Lessee . All lease requests for property on the Airport must be submitted through the Airport Manager ' s office . Only AFTER approval has been given by the Airport Manager may any property be subleased or assigned . No structures may be erected beyond the building restriction line or in conflict with the approved Airport Layout Plan , unless revision are made to the Plan and approved by the FAA . DRAFT D R A FT Fuel flowage fees are applicable for all fuel dispensing activities , whether commercial or private , based on the established City Ordinance , Title IX ( 9 ) , chapter 91 . 16 currently approved and placed in effect by the City Council . Lien for charges to enforce the payment of any charge made for repairs , routine invoicing , improvements , storage or care of any personal property , made or furnished by the City or its agents , in connection with the operation of the Airport , the City shall have a lien upon such personal property , which shall be enforceable as provided by law . Lien possessory right will be used to enforce the payment of any such charge , the Airport Manager may retain possession of such personal property until all reasonable , customary and usual compensation shall have been paid in full . Unauthorized signs . No signs or non - aeronautical equipment or portable buildings /house trailers may be erected , moved in or installed on the Airport property except as may be specifically authorized by the Airport Manager with the concurrence of all City , State , and Federal regulations and codes . Surreptitious activities . Any person observing suspicious , unauthorized or criminal activities should report such activities immediately to the Airport Manager/ staff or Police . Wrecked /damaged /disabled aircraft . Every owner and pilot of any aircraft damaged as a result of an accident , and each of them , shall be responsible for the prompt removal of the aircraft following release by the FAA or the National Transportation Safety Board . No aircraft in a non- airworthy condition so disabled as to give the appearance of a wrecked plane , or otherwise so damaged as to be unsightly , shall at any time be parked or tied down out of doors in public view . Such damage or disabled aircraft held for inspection or for determination of whether to be repaired , shall at all times be stored inside a hangar until such determination shall be made . within 30 days from any determination that such disabled aircraft is to be held for salvage , it shall be permanently stored from public view in a hangar or approved enclosure . No such aircraft shall be stored on the Airport except as herein provided . Aircraft awaiting component parts such as a rudder , aileron , horizontal stabilizer or other movable surface , shall not be 4 DRAFT DRAF considered disabled or unsightly provided such waiting period does not exceed 30 days . An extension of time shall be granted by the Airport Manager if such conditions are justified . Said extension shall not be unduly withheld . Repairs to aircraft . No aircraft , shall be repaired on any part of the landing or take - off area , and all outside repairs shall be made at the places designated by the Airport Manager for such purpose . Agricultural sipraying operations shall not be conducted from the Airport since no facilities are available for this purpose as established by the Environmental Protection Agency . Damage to Airport . Any person , corporate or individual , and the owner of any aircraft or vehicle causing damage of any kind to said Airport , whether through violation of any of these rules or through vandalism or any act of negligence , shall be liable therefore in and to the Airport . Inlury to person . Persons entering upon Airport grounds do so at their own risk and with no liability incurring to the Airport for any injury or damage to person or property . Further , any person desiring to use the Airport shall observe and obey all valid laws , resolutions , orders , rules and regulations promulgated and enforced by the Airport or by any authority having jurisdiction over the conduct and operation of the Airport including the FAA . It shall be incumbent upon the user/ tenant to be familiar with these regulations . Licensed pilots . only properly registered Aircraft and persons holding current airman and medical certificates issued by the FAA shall be authorized to operate aircraft upon the Airport except as provided in this ordinance . This limitation shall not apply to students in training under licensed instructors nor to public aircraft of the Federal Government or of a State , territory or political subdivision thereof , or to aircraft licensed by a foreign government with which the United States has a reciprocal agreement covering the operation of such licensed aircraft . NOTE : Use of the Airport by ultralight vehicles /motorless aircraft , shall be subject to prior approval by the Airport Manager and shall be in accordance with FAR PART 103 and any other rules set by the Airport . 5 DRAFT DRAFT Intoxicants and narcotics prohibited . No person under the influence of an intoxicant or narcotic shall operate or fly in any aircraft upon or over the Airport ; provided however , such prohibition shall not apply to a passenger when accompanied by a nurse or caretaker in an aircraft apart from the pilot . Foreign object. No foreign objects , including bottles , cans , scrap or any object that may cause damage to an aircraft shall be left upon the floor of any building or upon any part of the surface area of the Airport . Authorized persons - Air Operations Area : responsibilities . Any person who has authority to enter the AOA and who permits an unauthorized person to accompany him or her shall be responsible for ensuring that such unauthorized person remains accompanied by an authorized person at all times while in the AOA . Any person entering the AOA shall ensure that any gate through which entry is gained is properly closed after they enter and is to notify the Airport Manager promptly if such gate does not close properly . If vehicle access is used to enter , the vehicle operator , after proceeding through the open gate will stop , and wait until the gate is closed before proceeding to their destination . Gate closure cycle time will be approximately 15 seconds . I Vehicular traffic operations - Air Operations Area - No person shall operate any vehicle in the AOA (Air Operations Area ) unless such person is licensed to operate such vehicle on the public highways of this State , or unless such vehicle is licensed for operation on such highways or is specially authorized for operation of Airport property only . No person shall operate any vehicle on any part of the Movement Area without first obtaining permission from the Control Tower , or after its closure , advising of position and intentions by use of the Common Traffic Advisory Frequency . Every person operating a vehicle in the AOA shall obey the lawful order , signal or direction , by voice , hand or otherwise , of the Control Tower or of any Airport staff member , Airport Rescue and Fire Fighting staff member or law enforcement officer . 6 DR A Flo DRAFT No person shall operate any vehicle in the AOA unless authorized to do so by the Airport Manager or his /her designated representative . Every person operating a vehicle in the AOA shall do so in accordance with the rules and regulations promulgated by the Airport Manager . No person shall operate any vehicle on any part of the AOA , in a negligent manner or while the operator is under the influence of intoxicating beverages , narcotics or any substance which could adversely affect the full and rational exercise of a driver ' s mental and physical faculties , or when the vehicle is in an unsafe condition or equipped or loaded so as to endanger persons or property or in a manner unsafe for weather or ground surface conditions . All persons on the Movement Area shall obey the following Airport Control Tower light signals : RED - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - STOP FLASHING RED - - - - - - - - - - - - - - - CLEAR RUNWAY IMMEDIATELY GREEN OR FLASHING GREEN- - - - - - - - - - - - - - - - - - - - - PROCEED ALTERNATING RED GREEN- - - - - - - - - - -USE EXTRA CAUTION FLASHING WHITE - - - - - - - - - - - - RETURN TO POINT OF ORIGIN No person shall operate any vehicle on the landing or ramp areas unless such vehicle is equipped with a two - way radio in operational condition . All aircraft , motor vehicles and ground equipment while inside the AOA must be adequately lighted or marked with suitable reflectors during the hours of darkness or periods of reduced visibility during the daylight hours , reduced visibility is defined as any ground visibility less than 500 feet . All ground self -propelled vehicles except emergency equipment responding to an alarm shall yield the right - of - way to any aircraft in motion . All aircraft shall hold their positions during an emergency unless otherwise directed by the Control Tower . Pedestrians and aircraft shall at all times have right - of way over vehicular traffic . All vehicles shall pass to the rear of taxiing or parked aircraft . 7 DRAFT DRAFT No person shall operate , park or stop any vehicle in any aircraft parking area , landing areas , ramp or taxiway except as authorized by the Airport Manager . No person that has not been previously authorized by Airport management to do so , shall park any vehicle or aircraft in a space adjacent to their leased hangar area , except the occupying tenant . No person shall operate or park any ground vehicle in any area that is not designated by the Airport Manager or other signs or markings . The operator shall comply with any directions , instructions , signs or limitations as they might apply to vehicle operations or parking of said vehicles . No person shall operate any vehicle at speeds greater than fifteen ( 15 ) miles per hour upon any area of the AOA with the exception of the Movement Area , in which vehicles shall not operate at speeds greater than thirty five ( 35 ) miles per hour . Emergency vehicles while on emergency runs / training and official Airport vehicles being used in the performance of official duties are excluded from this section when necessary to accomplish an emergency or official mission ; however , such vehicles shall at all times be in conjunction with Control Tower instructions . Fueling of Aircraft . Aircraft shall not be fueled while the engine is running or while in a hangar or other enclosed place . All aircraft being fueled shall be clear of all hangars and structures . All fuel trucks will be equipped , operated and maintained in accordance with the National Fire Protection Association , Incorporated , NFPA Manual 407 " Aircraft Fuel Servicing . ,, Persons or aviation businesses wishing to supply and dispense aviation fuel for their private use must first apply for a permit and comply with the " Minimum Standards for Self Fuelers " before initiating their self fueling program . Public sale of automobile gas for use in aircraft will not be permitted on the Airport . DRAFT DRAFT Aviation or auto fuels will not be stored within a hangar and all fuel which is supplied to the Airport for aeronautical use will pay the applicable flowage fees as specified by City Ordinance . Tiedown of aircraft . All aircraft not hangared shall be tied down or secured at night and during inclement weather . Aircraft owners or their agents are responsible for the tiedown or security of their aircraft , ( this includes supplying their own ropes ) at all times and particularly during inclement weather . Running aircraft engines . On aircraft not equipped with adequate brakes , the engine shall not be started until and unless the wheels have been set with blocks attached to ropes or other suitable means for removing them . No airplane will be propped , started or left running without qualified personnel at the controls . No engine shall be started or run inside any building . No engine shall be started , run or warmed up until , and unless the aircraft is in such position that the propeller stream or jet blast will clear all buildings and groups of people in the observation areas . Damage to runway lights . Any person damaging any field light or fixture by operation of an aircraft or otherwise shall immediately report such damage to the Airport Manager . Persons causing damage to runway and taxiway lights , as a result of negligent operation of an aircraft or willful acts will be liable for replacement cost of the light ( s ) and/or fixtures . Taxiing aircraft . No person shall taxi an aircraft until he/ she has ascertained there will be no danger of collision with any person or object in the immediate area . Aircraft will be taxied at a safe and prudent speed , and in such manner as to be at all times under the control of the pilot . Aircraft not equipped with adequate brakes will not be taxied near buildings or parked aircraft unless an attendant is at a wing of the aircraft to assist the pilot . 9 DRAFT DRAFT There shall be no taxiing of aircraft by engine power into or out of hangars . Parking aircraft . Unoccupied aircraft shall not be parked or tied down on or within five hundred ( 500 ) feet of the centerline of the runway . All unhoused aircraft shall be parked in the areas designated by the Airport Manager for that purpose . Aircraft will not be parked in such a manner as to hinder the normal movement of other aircraft and traffic unless specifically authorized by the Airport Manager as an emergency measure or in an unusual situation . It is the responsibility of the pilot when leaving a parked aircraft unattended to see that the brakes are set or that the plane is properly chocked and/or tied down . Loading /unloading of aircraft . Pilots are prohibited from loading or unloading aircraft with the engine ( s ) running with the exception of medical emergencies . Authority to suspend operations . The Airport Manager may suspend or restrict any or all operations whenever such action is deemed necessary in the interest of safety . Take - offs on apron , etc . No take - offs or landings shall be made on the apron , parking ramp or taxiway except by special permission of the Airport Manager . Common courtesy . Aircraft entering the traffic pattern shall exercise caution and practice courtesy so as not to cause aircraft already in the pattern to deviate from their course . Altitude and noise of engines . No aircraft shall be operated over the City of Fayetteville at an altitude of less than one thousand ( 1 , 000 ) feet above the ground . Aircraft engines shall not be accelerated nor decelerated while over said city in such manner as to distract , excite or disturb persons on the ground , regardless of altitude . 10 DRAFT DRAFT Parachute iumping prohibited - Parachute jumping is prohibited except when special arrangements have been made which are authorized by the Airport Manager and coordinated with the Control Tower . Dropping or pullincf of obiects or banners from aircraft prohibited . No person in any airborne aircraft shall cause or permit to be thrown out , towed , discharged or dropped within the City , any object or thing , except loose water or loose sand ballast when absolutely essential to the safety of the aircraft occupants . Special procedures . The Airport Manager may , in the interest of safety or for special events , designate special traffic procedures for certain operations , such as air shows , lighter than air operations , banner towing , ultralights , etc . . . Prior approval from the Airport Manager is required , this allows time for safety coordination with the controlling agency for such events . Fire regulations . Every person going upon or using the Airport or its facilities in any manner , shall exercise the greatest care and caution to avoid and prevent fire . Smoking or open flame within fifty ( 50 ) feet of any aircraft or fuel truck is prohibited . Compressed flammable gas shall not be kept or stored upon the Airport , except at such place as may be designated by the Airport Manager . No flammable substance shall be used in cleaning motors or other parts of an aircraft inside a hangar or other building . No one shall smoke , ignite a match or lighter in any building , except in offices , waiting rooms or buildings where it is specifically permitted by the Airport Manager . Hangar entrances shall be kept clear at all times . The floors in all buildings shall be kept clean and free from oil . Volatile , flammable substances shall not be used for cleaning floors . DRAFT