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HomeMy WebLinkAbout25-81 RESOLUTIONv • RESOLUTION NO. A RESOLUTION ADOPTING MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITIES AT DRAKE FIELD. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That standards Field set hereof. 1981. the Board of Directors hereby adopts the minimum for commercial aeronautical activities at Drake out in Exhibit "A" attached hereto and made a part PASSED AND APPROVED this / day of it/y/4.444 ATTEST: J� YY /lL CITY(s-LE.RK PASSED: CILrTU'1C?' T E OF RECORD. Slate cf ;cansas ( SS City of Fayetteville 1, Vivian Koettel, City Clerk and. Ex-Officio .x fl cireco- r for the City of Fayetteville,zohe is by certify that the amleted or foregoing o certify and. the same aPr oid in my office' book of rec Resolution i pears in OrdinanceWitness my. �/C�_at pages --72-6-1"4/ -- ay. of han 'Ad seal this 19 .d Es officio Recordet City Cterk n a MINIMUM STANDARDS FOR CONVERCLAL AERONAUTICAL ACTIVITIES AT • DRAKE FIELD FAYETT'EVILLE, ARKANSAS • 4 414 Table of Contents I. Definitions II. Special Restrictions on Airport Land and Facility Use 2 III. Applications 3 TV. Notice and Hearing 3 V. Lease or Contract 4 VI. Standard Requirements for all Aeronautical Activities 4 VII. Standards for Specific Activities 6 A. Fuel and Oil Sales 6 B Aircraft Charter and Taxi Service 8 Page No. 1 C. Aircraft Engine, Airframe and Accessory Sales and Maintenance D. Aircraft Rental and Sales E. Flight Training F. Crop Dusting and Spraying G. Hangar Construction and Rental H. Basic Lease Terms and Conditions I. Construction of Corporate Hangars other than Fixed Base Operators J. Specialized Services K. Canbination Activities VIII. Amendment of Standards IX. Notices by 9 10 11 12 13 14 16 17 18 19 19 • q lott i'Tn=, • PHP4'X�Ft•4W 'Y'y�r'�i4K��^y�l "tf:wa..;.'itrr V1^I.rrn4.v...tiF`-e". MINIMUM STANDARDS FOR CC IAL AERONAUTICAL ACTIVITTFS AT DRAKE FIELD FAYFITEVITIF, ARKANSAS It being necessary to protect the public health, safety and interest at Drake Field, the following procedures and minimum standards are hereby promulgated and adopted for the use of any land or facility at said Airport. 1. DEFINITIONS As used herein, the following terms shall have the moanings indicated: Airport - Shall mean Drake Field, Fayetteville, Arkansas, oeprated by the City of Fayetteville. Person - Shall mean any person, firm, general or limited partnership, - corporation, trust or association making application for, leasing or using any land or facility at the Airport. Board of Directors - Shall mean the City of Fayetteville, Arkansas, Board of Directors as duly constituted at any time. Manager - Shall mean the Manager of the Airport as designated by the City Manager. Minimuti Standards - The qualifications established herein, as amended frau time to time by the Board of Directors upon recommendation of the Airport Manager, setting forth the minimum requirements to be met as a condition for the right to conduct any aeronautical activity of the Airport. • 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 and 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 and 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". Master Plan - means the scaled dimensional layout of the entire airport,, indicating current and proposed usage for each identifiable segment as approved by the City of Fayetteville Board of Directors and the Federal Aviation Administration. • • • II. SPECIAL RESTRICTIONS ON AIRPORT LAND AND FACILITY USE 1. No person shall be granted an exclusive right to conduct any aeronautical activity upon the Airport. No person shall bepermitted to use any land or conduct any aeronautical activity for commercial purposes or the solicitation of business in connection therewith unless such aeronautical activity is conducted in accordance with the standards herein established and as hereafter amended from time to time by the Board of Directors and, only after that person has been duly licensed by the Board of Directors to conduct said activity. 2. The owner and pilot of any aircraft damaged as a result of an accident, and each of than, shall be responsible for the prompt removal of the aircraft following release by the FAA or Air 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 damaged 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 frau any determination that such disabled aircraft is to be held for salvage, it shall be permanently stored frau 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 considered disabled or unsightly provided such waiting period does not exceed 30 days. An extension. of time shall be granted by the Manager's office if such conditions are justified. Said extension shall not be unduly withheld. 3. _Within 30 days frau the adoption of these regulations, the Manager of the Airport shall designate aircraft parking or tie -dawn areas outside of hangars and shall furnish to each lessee a plat or description of the area so designated. From and after ten days from the delivery of such plat or designation, no aircraft shall be parked, tied down or stored outside of hangars in any area not so designated. In no event shall any aircraft be parked or tied dawn nearer than 100 feet from the edge of any taxiway. Aircraft may not be parked between a runway and taxiway without the approval of the airport management. 4. No person or persons, corporation or company shall engage in any type of ca nercial enterprise at Drake Field without first complying with all Federal, State and local laws and regulations, including, but not limited to, all orders and ordinances as they pertain to both nondiscrimination and equal employment practices. Page 2 APPLICATIONS Any person wishing to acquire the use of land or establish or use any facility on the Airport for an aeronautical activity shall be furnished a copy of these Standards and Procedures, as amended from time to time, and shall thereupon make application in writing, filed with the Airport Manager, setting forth in detail the following: (a) The name and address of the applicant; (b) The proposed land use, facility and/or activity sought; (c) The names and the qualifications of the personnel to be involved in conducting such activity; (d) The financial responsibility and ability of the applicant and operator to carry out the activity sought; (e) The tools, equipment, services and inventory, if any, proposed to be furnished in connection with such activity; (f) The requested or proposed date for commencement of the activity and the term of conducting the same; (g) The estimated cost of any structure or facility to be furnished, the proposed specifications for same, and the means or method of financing such construction or acquisition of facilities. (h) The 5yec:ific types and amounts of insurance proposed. IV. NOTICE AND HEARING Upon the filing of such an application with the Airport Manager, and provided it meets the requirements set forth in Section III it shall be refeiled to the Beard of Directors - Airport Committee with a request it be considered at the next regularly scheduled meeting. If such application involves conducting of an aeronautical activity for cammercial purposes, all other persons then conducting like or similar commercial aeronautical activities on said Airport shall also be notified by U. S. Mail of the filing of such application and the time and place of the Airport Committee meeting to consider the same. Upon the consideration of the application, the Airport Committee shall determine whether or not the applicant meets the standards and qualifications as herein set out and whether or not such application, in whole or in part, should be recommended to the Board of Directors, and if so, upon what terns and conditions. Page 3 Wi LEASE OR CONTRACT .._....w.:,,.,;: Upon the approval of any such application as submitted or modified, the Board of Directors shall cause to be prepared a suitable lease or contract agreement setting forth the terms and conditions of the land and/or facility use, which lease or contract shall in every instance be conditioned upon: (a) Original and continued compliance with the Standards required for eachparticular aeronautical activity approved; shall refer to and incorporate these Standards by reference; (b) That any structure or facility to be constructed or placed upon said Airport shall be constructed in a manner to conform to all safety regulations of the State of Arkansas, the City of Fayetteville, the F.A.A. and any other governmental entity having regulatory authority in connection therewith, and shall be in compliance with the requirements of current building codes and fire regulations of the City of Fayetteville; and that any construction once commenced will be deligently prosecuted to completion. (c) Shall reserve the right in the Board of Directors to modify or add to the standards.for operation of aeronautical activities at the Airport; shall provide for termination or cancellation of the lease or contract upon failure to comply after notice. VI. STANDARD REQUIREMENTS FOR ALL AERONAUTICAL ACTIVITTFS Every applicant for permission to conduct commercial aeronautical activities at the Airport shall satisfy the Board of Directors. (a) That such applicant has a history of management and personnel ability on conducting the same or similar, or comparable type of service or activity in a good and workmanlike manner; (b) That such applicant have the financial responsibility and ability to provide facilities and service proposed; (c) That the applicant has or can reasonable secure necessary certificates from the FAA or other authority where the same are required for the activity proposed; Page 4 (d) That the applicant has or can furnish suitable indemnity insurance or bond to protect and hold the City harmless frau any liability in connection with the conduct of the activity proposed. (e) That such applicant can and will at all tines meet standards of all local, state and federal bodies having regulatory authority over the Airport and the applicant. (f) That such applicant will maintain his exclusively leased area in an adequate manner at all times, subject to the approval of the Airport Manager and where applicable, such maintenance shall include landscape maintenance and assurance of safe operating conditions. (g) That the applicant shall have in his employ and on duty during the appropriate business hours, trained personnel in such numbers as are required to meet the minimum standards set forth in an efficient manner. In addition, these employees will wear appropriate uniforms. In considering every application for establishing commercial aeronautical activities, the Board of Directors shall give due consideration to whether or not such proposed activity would be a wasteful or uneconomical duplication of facilities and detrimental to the public interest. Page 5 • • VII. STANDARDS FOR SPECIFIC ACTIVITIES In addition to meeting the requirements of Paragraph VI, every person conducting the following specific activities shall moot the additional requirements as hereinafter set out: A. Fuel and Oil Sales. Persons conducting aviation fuel and oil sales on the Airport' shall be required to provide: 1. Electric pumps and storage tanks having a capacity equal to the minimum tank truck load deliverable for each grade of fuel which has been approved by the Board of Directors. Mobile and fixed pumping equipment must have reliable metering devices. 2. Shall provide properly trained, and uniformed line personnel on duty at least eight hours of every calendar day, seven days a week, and on call by readily accessible mans at other hours during the day or night. 3. The ability to perform minor repairs coupled with the requirement of proper tools, hacks, towing equipment and tire repair equipment necessary to service the types of aircraft expected to utilize the service provided; proper equipment for changing engine oil, washing aircraft and.aircraft windows and windshields, for recharging or energizing discharged aircraft batteries and starters. 4. Shall provide conveniently located heated and air conditioned lounge or waiting rooms for passengers, and airplane crews of itinerant aircraft together with sanitary rest rooms and public telephones. S. Shall provide adequate towing equipment and parking and tiedown area to safely and efficiently move aircraft and store them in all reasonable expected weather conditions. 6. Shall maintain adequate inventory of at least two brands of generally accepted grades of aviation engine oil and lubricants. 7. In conducting refueling operations, every operator shall install and use adequate grounding facilities at fueling locations to eliminate the hazards of static electricity and shall provide approved types of fire extinguishers or other equipment commensurate with the hazard involved in refueling and servicing aircraft. The operator shall be required to have fueling personnel participate in fire, rescue or other emergency training when provided by the Fayetteville Fire Department. Page 6 • • 8. Shall provide for the adequate and sanitary handling and dispwal, in accordance with State and Federal standards, away from the Airport, of all trash, waste, and other materials, including but not limited to used oils, solvents, and other waste The piling or storage of crates, boxes, barrels, and other containers will not be permitted within the leased premises. 9. The cperator must provide all security items required by Part 107 of the Federal Air Regulations and the Airport Master Security Manual. Page 7 • • • • • B. Aircraft Charter and. -Taxi Service. Persons operating aircraft charter and taxi service shall provide: 1. Passenger lounge, rest roan and telephone facilities as required of an operator for fuel and oil sales. 2. Adequate table, desk or counter for checking in passengers, handling ticketing or fare collection, handling of luggage. 3. Shall have available properly certificated suitable aircraft with properly certificated and qualified operating crew, one of which shall be located at the airport and ready for departure during at least eight hours of daylight operation daily and at other times, stand-by units and crew available upon call within three hour's notice. 4. Shall provide passenger liability insurance of at least $75,000 per passenger seat and property damage liability of at least $100,000. Page 8 nada„•-tfeW • • • C. Aircraft Engine, Airframe and Accessory Sales and Maintenance. A11 persons operating aircraft engine, airframe and accessory maintenance facilities to the public for hire shall provide: 1. In case of airframe or engine repairs, sufficient hangar space to house any aircraft upon which such service is being performed. 2. Suitable inside and outside storage space for aircraft awaiting repair or maintenance or delivery after repair and maintenance have been cxznpleted. 3. Adequate shop space to house the equipment and adequate equipment and machine tools, jacks, lifts and testing equipment to perforin top overhauls as required for FAA certification and repair of parts not needing replacement on all single engine land and light multi -engine land general aviation aircraft. 4. At least one FAA certificated air frame and power plant mechanic available during eight hours of the day, five days per week. 5. Facilities for washing, cleaning, and waxing aircraft if operator engages in said business. 6. Suitable equipment (i.e. tractors, towbars, jacks, dollies, and other equipment as might be needed to remove the largest type aircraft that normally could be expected) to pramptly iaLuve from the landing area any disabled aircraft as soon as pennittPd. 7. The Board of Directors reserves the right to waive any of the above if, in their opinion, existing conditions justify such a waiver. Page 9 • • • • • - ;, D. Aircraft Rental ane Sales. Persons conducting aircraft rental and sales activity shall provide: ., ...-,.... 1. Suitable office space for consummating sales and/or rentals and the keeping of the proper records in connection therewith. 2. Hangar storage space for at least one aircraft to be used for sales or rental. 3. For rental, at least two airworthy aircraft suitably maintained and certificated. 4. For sales activity of anew aircraft, a sales or distributor- ship franchise fram a recognized aircraft manufacturer of new aircraft and at least one demonstrator model of such aircraft. 5. Adequate facilities for servicing and repairing the aircraft or satisfactory arrangements with other operators licensed by the Board of Directors on the Airport for such service and repair. 6. There shall be available, at least during eight hours of the working day, a properly certificated pilot capable of demonstrating new aircraft for sale or for checking out rental aircraft. 7. The minimum stock of readily expendable spare parts, or adequate arrangements for securing spare parts, within a reasonable time, required for the type of aircraft and models sold. 8. Current up-to-date specifications and price lists for types and models of new aircraft sold. 9. Proper check lists and operating manuals on all aircraft rented and adequate parts catalogue and service manual on new aircraft sold. 10. The Board of Directors reserves the right to waive any of the above if in their opinion existing conditions justify such waiver Page 10. • • • E. Flight Training. All persons conducting flight training activities shall provide: 1. At least one full-time (eight hours per day six days per week) flight instructor properly certified and licensed by the FAA appropriate to the activities proposed (i.e.) single-engine, multi -engine, instrument rating, private license or camercial license. 2. At least one dual equipped single-engine land aircraft properly equipped and maintained for flight instruction and such additional types of aircraft as may be required to give flight instruction of the kind advertised. 3. Adequate office and classroom space for at least ten students with proper rest roan and seating facilities. 4. Adequate mock-ups, pictures, slides, film strips or other visual aids necessary to provide proper ground school instruction. 5. Properly certificated ground school instructor providing regularly scheduled ground school instructions sufficient to enable students to pass the FAA written examinations for private pilot and ca mercial ratings. 6. Continuing ability to meet certification requirements of the FAA and all State and local requirements necessary to conduct the flight training proposed. 7. Adequate public liability and property damage insurance sufficient to protect the operator and the City from legal liabilities involved and which shall name the City as additional parties insured. Limits shall be determined from time to time by the Pnard of Directors, but, in no case shall be less than $100,000 - $300,000. Page 11 • • ), F. Crop Dusting and Spraying. Persons seeking to conduct crop dusting orspraying of agricultural chemicals shall be permitted to refuel planes at Drake Field, however, storage or transfer of agricultural chemicals at Drake Field is prohibited Page 12 • • • • • G. Hangar Construction and Rental. Persons seeking to construct or lease structures or facilities for storing aircraft shall be required to satisfy the Board of Directors that: 1. The pranises leased shall be kept clear of weeds and accumulation of other noxious growth of vegetation. 2. The leased pranises shall be used solely for the purpose of storing aircraft and such other duly authorized activities. 3. The pranises and improvements shall be maintained in good condition and neat in appearance. 4. No signs will be placed on the structure or premises without prior approval of the Ai/port Manager. 5. All paving and other construction shall be permanent and fire resistant and shall be kept compatible with the design, material and landscaping of the basic structures of the Airport. 6. Detailed plans and specifications of all construction and architectural design shall require the written approval of the Board of Directors before any construction takes place. Page 13 • • • H. Basic Lease Terms and Conditions. It `is the intention of the Board. of Directors to write a lease requiring the Fixed Base operator to provide certain services. It is also the intention of the Board of Directors that all leases be "net" leases. That is, that total costs for amortizing the investment and maintenance costs be borne by the operator. Hangars may be constructed by operators provided they meet the minimum requirements established by the Board of Directors and title is to be vested in the City upon completion, subject to the rights of the mortgagor. For the purpose of maintaining and operating the airport and providing the public facilities thereon, certain charges are made. The following lease terms and conditions outline this policy: 1. The rates or charges far aircraft parking, tie -down and storage made by operators shall be determined by the operators, subject to the approval of the Airport Manager, and subject further, to the requirement' that all such rates or charges shall be reasonable and be equally and fairly applied to all users of the services. A11 other rates and charges shall be filed with the Airport Manager. 2. A11 utilities are to be paid directly by the operator. 3. A11 building maintenance on Airport owned facilities is borne by the operator except structural repairs. Building maintenance on individually owned facilities shall be borne by the owner or operator. 4. Any improvements made to the leased premises, became the property of the Airport upon,caipletion but must be maintained by the operator. 5. Maintenance of the leased area shall be that of the operator. A certain amount of adjoining land is required to be leased as per plat drawings to be provided. 6. Maintenance of pavements constructed by the Airport will be maintained by the Airport. A11 others will be maintained by the operator. 7. All sublease agreements must receive prior written approval of the Board of Directors. 8. Lessee and Sublessee shall each be required to carry public liability insurance as well as Hangar Keeper liability insurance and provide certificates of such insurance to. the City. Such certificates shall reflect the City as an additional insured. Such public liability insurance shall be in amounts of not less than $100,000 per person bodily injury and $300,000 per Page 14 • accident property damage. Such Hangar Keep?r liability insurance shall be of sufficient mount to cover the largest aircraft expected to be serviced. 9. Operators, in their operation and use of the airport, will not, on grounds of race, sex, color, or national origin, discriminate, or permit discrimination against any person or group of persons in any manner prohibited by the Federal Aviation Regulations or any other law. 10. Landscaping of facilities is required Each operator will be required to provide a plan for landscaping his area to be approved by the Airport Manager and maintained by the operator in a neat, clean and aesthetically pleasing manner Page 15 • t # I. Construction of Corporate Hangars by;other than Fixed Base Operators. The Board of Directors recognizes the need for individual corporation hangars that would be constructed by persons other than Fixed Base Operators. Corporations will be encouraged to obtain facilities frau the Fixed Rase Operators. If unable, such buildings will be permitted in specific areas, provided no cormrercial activities are conducted on. the premises and the following conditions are met: 1. Ground rent will be charged for the area to'be leased. The entire area leased shall.. be. developed either by paving, structures, auto parking, .or landscaping. 2. Taxiway improvements to the site will be borne by the proponent unless the area under consideration is to be developed by the Airport as a part of a government grant. Page 16 • • • • J. Specialized Services. A specialized aircraft repair service operator is a person engaged in a business capable of providing one or a combination of Federal Aviation Agency -approved shops for the repair of aircraft radios or propellers or instruments and accessories for general aviation aircraft up to and including executive -type jet and helicopter. This category shall include the sale of new and/or used aircraft radios or propellers or instruments and accessories, but shall not be an exclusive right. • 1. Specialty shops such as engine overhaul, accessory overhaul, prop shops, instrument shops, etc., are encouraged to be tenants of Fixed Base Operators. However, special requirements for shop or hangar facilities will be studied by the Board of Directors on an individual basis. Such facilities, if permitted, shall meet the general requirements in Sections II, III, IV, and V as applicable. 2. The Board of Directors recognizes the need for hangar, shop aryl/or office facilities at general aviation airports only for individuals wishing to conduct specific aeronautical activities or combinations of specific activities such as flight training schools, aircraft charter and taxi service, aircraft engine and airframe maintenance, aircraft sales, aerial photography and other similar activities. The Board of Directors further recognizes that these individuals do not wish to offer a full line of services most usually offered by the Fixed Base Operator. These individuals will be encouraged to obtain facilities frau the Fixed Rase Operators. If suitable facilities cannot be obtained in that manner, hangar, shop and/or office facilities may be permitted in specific areas designated by the Airport Manager provided the following conditions are met: (a) Facilities shall be approved by the Board of Directors upon review of the proponents application and financial capability in accordance with Sections II and III. (b) The lease terms and conditions shall permit the applicant to engage only in those specific camercial aeronautical activities as he so indicates in the application. Changes in the nature of his co[mercial pursuits, which necessitate additional facilities or the enlargement of the original facilities, will require formal application to the Airport Manager and appropriate Minimum Standards. (c) All applications for facilities for special operations or combinations thereof shall be subject to all other applicable provisions of the Minimum Standards for Commercial Aeronautical Activities for the Airport. Page 17