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HomeMy WebLinkAbout95-87 RESOLUTION1 war RESOLUTION NO. 95-87 A RESOLUTION APPROVING MINIMUM NON-PUBLIC AIRCRAFT TO HANDLE FUEL. STANDARDS FOR AND DISPENSE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETFEVILLE, ARKANSAS: That the and made a dispense fuel minimum standards attached hereto marked Exhibit part hereof for non-public aircraft to handle are hereby approved. PASSED AND APPROVED this 1.7th day of APPROVED November "A" and , 1987. By: y Mayo r 1 Non -Public Aircraft Fuels Dispensing/Handling Minimum Standards Permit I. Purpose A. Fuel trucks operating on the ramp,_aprons, and bulk fuel storage plant must be professionally operated, managed, supervised, and controlled to minimize liability and assure optimum safety of operation. Therefore, the operation of all such specialized fueling facilities and trucks and bulk fuel storage facilities shall be provided through the airport's full-service FBO. However, recognizing the need to provide individual aircraft owners with the right to service their own aircraft, the following rules and regulations are hereby established governing private noncommercial self -fueling of aircraft by individual private owners of aircraft at Fayetteville Municipal Airport. B. These rules of procedure are established for the purpose of providing guidelines to be. followed by parties conducting non-public aircraft fuels: dispensing service -at Fayetteville Municipal Airport. Such parties shall hereinafter be referred to as "Permittees." C. All parties who. dispense noncommercial aircraft fuel at Fayetteville Municipal Airport, other than full service FRO operators, must hold a Fuel Dispensing Permit with the City of Fayetteville. II. Restriction From Public Aircraft Fuels Dispensing Service Permittees holding Non-public Aircraft Fuels Dispensing Permits shall be restricted from selling and dispensing aircraft fuels to other airport users, including locally -based and transient aircraft. Fueling of any aircraft not owned by Permittee shall constitute a violation of the Fueling Remit and consequently call for immediate revocation of said Permit. Prior to Permit issuance and also upon request by the Airport, Permittee shall provide evidence of ownership of any aircraft being fueled. III. Personnel Personnel engaged in dispensing aircraft fuels shall he properly trained in all fueling, handling, and associated safety procedures and shall in all fueling and plane handling operations conform to all of the best practices of such operations. Specific training, as set for in FAA Advisory Circular 15015230-4 Change 1 Part 4 of Appendix 7, shall he strictly adhered to and all fuel handling personnel shall be certified by the State of Arkansas. Observation of practice to the contrary by the Airport management or the applicable Fire District and notification thereof to the Permittee will be cause for reevaluation of such personnel so qualified to perform the operation. Failure on the part of the Permittee to correct malpractice of fueling and related safety procedures shall constitute a violation of the Fueling Permit and consequently may call for revocation of said Permit. I1'. Fuel Permittee shall provide aircraft fuel of the fuel types required by those aircraft which Permittee serves. The dispensing of fuels shall conform with Airport and applicable fire protection codes, FAA Advisory Circulars, and also to ASTM Standard D 190 for AVGAS and ASTM Standard D-1655 for jet fuel and automobile fuels, MOGAS ASTMD-439-58, shall comply with standards set for AVGAS. MOGAS must meet. standards as identified in the applicable STC (Supplemental Tyne Certificates) for the permitted aircraft. Fuelinc Facilities Bulk fuel deliveries shall only be delivered into an Airport -approved underground fuel storage facility. Said facility shall he constructed to meet all City, State, Federal, NFPA, and EPA rules and regulations. 3. Fuel farm shall be built at the location set forth in the Airport's 20 -Year Master Plan and located so damage by aircraft/surface vehicles is unlikely, or locations approved by the Airport's governing body and subject to FAA approval. Facility shall be fenced and signed to reduce chances of unauthorized entry and/or tampering. Facility shall he posted with "Flammable - No Smoking " signs. 6. Facility shall contain no feature which would allow introduction of any foreign material into fuel. Be free of materials, equipment, functions and activities which would be gnition sources. he constructed in such a m:i;,ner as to prevent the introduction of the product into the wrong storage tank. Facility shall he equipped with protection for electrical eouipment and wiring. This shall provide reasonable protection fron heat, abrasion, or other impact ,..:ch could cause failure of insulation, open snarl., or other lin ion source. .,iso, a design type ❑nnroycc for use in ..lass 1, Group D, 1!i••ision ardour locations lesplosinn-prnnf, free of exposed conu,.ctc.rs, co^:acts, swit°he , :caiot;?ors, MOT ors, civ.., .:inch could generate open spark or to the eynosed ignition source curing normal operations.) See NFPA Standard 70, National Electrical Gode. Facility shall have proper marking in accordance with FAA Advisory Circular 15015'30-4. Grounding and bonding equipment should provide that .piping, filters, tanks, and electrical components are electrically bonded together and interconnected for adequate electrical ground. 10. A reasonablenumber of twenty (20) pound Class B fire extinguishers shall be readily available to the operator of fueling equipment. 11. Permittee shall keep and Airport management shall have access to records of training of line personnel and records of daily and weekly inspections as required by the FAA (visual, milipore, and hydropore). Airport management will also make inspections of the facilities and items found not to be in compliance shall be corrected immediately. If said correction is not made, this may result in revocation' of Permit. 12. All hoses, nozzles, filters, and connectors shall meet or exceed recommendations in FAA Advisory Circular 15015230-4 Change 1 Appendix 7. VI. Mobile Self-Fuelers Minimum Fueling Requirements Fueling from a vehicle fuel tanks prohibited. Pumps, either hand -powered or power when aircraft is fueled. into an aircraft is operated, shall be used No gravity flow fueling shall be permitted. 3. All dispensing of fuel shall be performed by authorized employees of the Permittee meeting the training requirements set forth in Section III. 4 Fueling shall not take place within SO feet .of a structure or another aircraft. There shall be no ignition sources located within 100 feet of a fueling or defueling operation. 5. Fueling and defueling operations shall only be permitted in the area set forth by Airport management. Under no circumstances shall an operation take place with a hangared aircraft. 6. Fuel dispensing vehicle/equipment and aircraft shall be properly grounded during a fueling operation. 7. No container shall be allowed in a fueling operation that is not permanently affixed to the transporting vehicle. 8. A filtration system utilizing a five (5) micron or less. filter element of AVGAS fuel dispensing equipment and a • filter/separator for jet fuel dispensing equipment shall be required. 9. Automatic shut-off type fuel nozzles will be required. 10. All fueling dispensing equipment shall only be operated with or by the "deadman" control system. The operator must maintain control of the "deadman" system at all times. Under no circumstances shall the "deadman" control be blocked in the "on" or "open" position. 11. Records shall be kept in accordance with Section 5 Part 11 as required and applicable by the FAA. 12. Marking and color coding shall be required in accordance with FAA Advisory Circular 15025230-4. 13. Aircraft using MOGAS must meet all requirements of applicable STC. 14. Permittee shall use only the entrance, exit, and route designated by the Airport management during the transportation and delivery of fuel onto and off of the Airport. During fuel dispensing into the aircraft, the fueling vehicle shall be positioned with a clear exit path and shall not obstruct other aircraft or vehicular movements. As soon as the operation is complete, said vehicle shall be removed from the Airport immediately. 15. Fuel dispensing containers shall have a valve mechanism such that water or other contaminants can be drained from the lowest portion of the tank, unless equipped with a glass bowl filter of adequate size. Fuel uplift standpipe shall be constructed such that approximately 5 -10% of the total capacity of the dispensing tank cannot be delivered through the dispensing system (5 - 10% unusable sump) VII. General Rules For A11 Self-Fuelers 1. Permittee shall submit a fueling procedures manual/program to the Airport for approval prior to commencing fueling operations. Procedures for fuel quality control, personnel training, and fuel spill control and clean up shall be included. 2. All fuel spills shall be reported immediately to the Airport Fire Station at • 442-7771 and to the Airport management. Permittee shall be responsible for proper clean up and removal of all fuel leakage from any fuel facilities or cost of same if conducted by outside agency as per applicable fire codes and FAA Circulars. The clean up removal methods shall comply with applicable local, State , and/or Federal requirements. • 1 3. The Airport Manager or his/her authorized representative may immediately suspend any fueling operation for violation of any of the terms and conditions of this Permit. 4. Permittee shall be permitted to self fuel his/her aircraft only at the designated aircraft self -fueling space. The dispensing and delivery of fuel into aircraft shall be in accordance with all Airport rules and regulations and all applicable local, State, and Federal rules and regulations governing delivery of fuel into aircraft. It shall be the responsibility of Permittee to keep at all time informed of such rules and regulations. All equipment shall be maintained in a clean, non -leaking condition, and subject to inspection at any time by Airport management. VIII. Fees 1. Permittee shall pay the airport an annual administrative/inspection permit fee of $50.00. Said fee shall be payable in advance of the execution of the Permit by Permittee. Failure to pay the annual fee invalidates the permit. A flowage fee of S .06 per gallon is due by the 10th of the following month. Such true and accurate records shall be kept by Permittee to validate these amounts and the records shall be available for review by Airport management during reasonable business hours. Bills of lading or receipts for fuel purchased shall accompany monthly payment of flowage fees. IX. Insurance Permittee, at Permittee's sole cost and expense and for the full term of the Permit or any renewal thereof, shall obtain and maintain at least all of the following minimum insurance requirements prior to commencing any activities under this Permit: 1. A comprehensive general liability policy with a minimum limit of not less that 51,000,000 combined single limit for bodily injury and property damage. 2. The City of Fayetteville, its employees, officers, contractors, and invitees shall be listed as additional insureds. A current "Certificate of Insurance" shall be kept on file in the Airport Manager's office. 4. "Thirty (30) days written notice shall he given to the City of Fayetteville in the event of cancellation, reduction in • coverage, or non-ienewalof this policy for whatever reason." Such notice shall be sent to: City of Fayetteville Municipal Airport 113 W. Mountain Street Fayetteville, AR 72701 5. Permittee shall also during the term of this Permit subscribe and comply with the Worker's Compensation laws of Arkansas and save the City of Fayetteville harmless for any and all liability arising from or under said Act. X. Indemnification The City of Fayetteville shall stand indemnified by Permittee as herein provided. Permittee is and shall be deemed to be an independent contractor and operator responsible to all parties for its acts of omissions, and the City of Fayetteville shall in no way be responsible therefore. Permittee covenants and agrees to indemnity, hold harmless and defend .the City of Fayetteville, their officers, agents, servants, and employees from and against any and all claims. for damages or injury to persons or property arising out of or incident to the use of this Permit. XI. Giant Agreement Covenants Permittee acknowledges that the City is subject to Federal Grant Agreement obligations as a condition precedent to granting of funds for improvement of the Airport, and accordingly, agrees to, and agrees to be bound by, the following covenants provided by the Federal Aviation Administration, as they may apply to Permittee: 1. The City of Fayetteville reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desire or view of the Permittee and without interference or hindrance. 2. The City of Fayetteville reserves the right, but shall not be obligated to Permittee to maintain and to keep in repair the landing area of the Airport and all publicly -owned .facilities of the Airport, together with the right to direct and control all activities of Permittee in this regard. 3. This Permit shall be subordinate to the provisions and requirements of any existing or future agreement between the City of Fayetteville and the United States, relative to the development, operation or maintenance of the Airport. There is hereby reserved to the City of Fayetteville its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the premises herein permitted. This public F right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from, or operation of the Fayetteville Municipal airport. 5. Permittee agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event future construction of a building is planned for the permitted premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the permitted premises. Permittee by accepting this permit expressly agrees for itself, its successors and assigns that it will not erect nor permit the erection of any structure or object, nor permit the growth of any tree on the permitted premises above the allowable height restrictions as provided by the FAA. In the event the aforesaid covenants are breached, the City reserves the right to enter upon the permitted premises and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense cf the Permi_tee. Permittee by accepting this Permit agrees for itself, its successors and assigns that it will not make use of the Airport premises in any manner which might interfere with the landing and taking off of aircraft from the Fayetteville Municipal Airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached, City reserves the right to enter upon the permitted premises and cause the abatement of such interference at the expense of Permittee. 8. It is understood and agreed that nothing herein contained shall be construed to. grant or authorize the granting of exclusive right within the meaning of Section 308a of the Federal Aviation Act of 1958 (49 U.S.C. 1349a). 9.• This permit and all the provisions hereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affect the control, operation, regulation and taking over of said Airport or the exclusive or non-exclusive use of the Airport by.the United States during the time of war or national emergency. X11. Modifications For Granting FAA Funds In the event. that the Federal Aviation Administration requires, as a condition precedent to granting of funds for the improvement of the Airport, modifications or changes to this Permit, Permittee agrees to consent to such reasonable amendments, modifications, revisions, supplements or deletions of any of the terms, conditions, or requirements of the Permit as may be reasonably required to enable City to obtain said Federal Aviation Administration funds, • provided that in no;,event shall such .changes impair the rights of Permittee hereunder. XIII. Assignment This Permit is personal to Permittee and is not transferable of assignable by operation of law or otherwise. XIV. Failure To Conform To Requirements Of Permit If Permittee shall, at any time or times during the term of this Permit, fail to conform to the terms, conditions, provisions herein specified, the the Airport Manager may give thirty (30) day advance written notice of intent to revoke and terminate any and all rights and privileges granted herein. Permittee shall have ten (10) days after the giving of said notice to either conform to the requirements of this Permit, or to file a written notice of appeal to the Airport Manager's Office. The decision of the Airport Manager to revoke and terminate all permitted rights and privileges shall be final if no such appeal is timely filed of if Permittee continues to fail to conform to the terms, conditions, or provisions of the Permit. XV. Possessory Interest Subject To Taxation Permittee recognizes and understands that this Permit may, but is not intended to, create a real property possessory interest that may be, but is not intended to be, subject to real estate property taxation and that Permittee may be subject to the payment of real property taxes levied on such interest. No such possessory interest tax, or any other tax by 'any governmental entity, shall in any way reduce or substitute for the charges or fees required to be paid as a Permittee agrees to pay all such taxes when due. XVI. Term This Permit shall be effective after issuance upon the date of its acceptance and shall extend through the last day of the month when this occurs, but it shall be extended automatically for each successive month for one (1) year unless and until terminated by written notice from either the City's Airport Manager or Permittee. XVII. Permittee Not An Agency Of City Issuance of this Permit or any acts of Permittee under this Permit shall not in any way -constitute permit as agent, contractor, licensee, or employee of the City of Fayetteville for any purpose. XVIII. Notices All written notices given in conjunction with the Permit shall be effective up deposit in the mail, first class, postage prepaid, to the applicable addresses: City of Fayetteville: Permittee: Date of Issuance: Approved as to form: City Attorney City of Fayetteville City of Fayetteville Municipal Airport 113 W. Mountain Street Fayetteville, AR 72701 Airport Manager City of Fayetteville ACCEPTANCE , 19 The undersigned as Permittee hereby agrees, in consideration of the revocable permit granted above, to perform and abide by the terms, conditions, restrictions, and obligations of the permit. Date of Acceptance: , 19 Permittee Address: