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HomeMy WebLinkAbout11-93 RESOLUTION• 1 RESOLUTION NO. 11- 9 3 A RESOLUTION APPROVING THE REVISED MINIMUM STANDARDS FOR OPERATION AND COMMERCIAL AERONAUTICAL ACTIVITIES FOR THE FAYETTEVILLE MUNICIPAL AIRPORT. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: 4 Section 1. That the Board of Directors hereby approves the revised Minimum Standards for Operation and Commercial Aeronautical Activities for the Fayetteville Municipal Airport as attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 5th day of January 1993. ATTEST: B Sherry YJ. mas, City Clerk APPROVED: BY: /1/14 Fred Hanna, Mayor i . i a • MINIMUM STANDARDS FOR OPERATION AND COMMERCIAL AERONAUTICAL 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. 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. 1 • • • 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. 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 aeronautical activity of 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, or association; and including representative thereof. partnership, corporation, company any trustee, receiver of similar PILOT: - Any person who is responsible for control of an aircraft. 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. 2 4 • • 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. All leased property and all buildings or structures erected on the leased property will be utilized for aviation related activity only. No leases will be written for a primary period in excess of twenty (20) years. 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. 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. 3 • • 4 4 • Surreptitious activities. Any person observing suspicious, unauthorized or criminal activities should report such activities immediately to the Airport Manager/staff, Police, or the Airport Rescue and Fire Fighters Station. 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 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, general aviation or commercial, 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 spraying 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 owner of any aircraft or Airport, whether through vandalism or any act of and to the Airport. person, corporate or individual, and the vehicle causing damage of any kind to said violation of any of these rules or through negligence, shall be liable therefore in Injury 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. 4 4 • 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. 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. 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. 5 • • • 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. 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 FLASHING RED CLEAR GREEN OR FLASHING GREEN ALTERNATING RED & GREEN FLASHING WHITE RETURN STOP RUNWAY IMMEDIATELY PROCEED USE EXTRA CAUTION 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 vehicles and ground equipment making runway crossings or inside the Movement Area controlled by the Tower shall be lighted with a rotating or flashing amber beacon, the exception to this requirement would be the use of red rotating or flashing beacons on emergency response equipment. 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 6 • • • • or parked aircraft. At no time are vehicles allowed to drive between the Terminal Building and parked commercial aircraft. 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 air carrier aircraft will be positively grounded when being serviced with fuel. These aircraft being serviced by a fuel truck will be bonded to each other only after the fuel truck has been positively grounded. G A aircraft should follow this procedure if grounding rods are available. 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, 1985." 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. 7 • �1 1 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. 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. 8 • • • Aircraft will not be parked within 50 ft. of an aircraft fuel pump. 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. Parachute jumping 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. Drooping or pulling of objects 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. 9 • • • • • 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. No boxes, crates, cans, bottles, paper, tall grass/weeds or other litter shall be permitted to accumulate in or about a hangar. Prior to being fueled, all air carrier aircraft will be positively grounded by a grounding cable which is connected to a copper, copper clad, galvanized or other approved ground rod 5/8" or greater in diameter buried to a sufficient depth to reach permanent subsoil moisture. The resistance of the ground rod should not exceed 10,000 ohms. The bonding/grounding cable shall be of flexible durable material. The grounding clip on the end of the grounding cable should be connected to bare, unpainted metal on the aircraft, however, the grounding clip should not be attached to the aircraft's propeller, landing gear or radio antennas. G A aircraft should follow the same procedures if grounding rods are available. Where air carrier aircraft fueling is performed by a fuel truck, an adequate number of suitable grounding connections shall be provided on the aircraft apron or servicing ramp. At least two 20B portable fire extinguishers will be available within 50 feet of the fuel pumps or truck where the open hose discharge capacity of the fuel pump is not more than 200 gallons per minute; at least one wheeled 808 fire extinguisher where the open hose discharge capacity is more than 200 gallons per minute, but not more than 350 gallons per minute; at least two wheeled 80B fire extinguishers where the open hose discharge capacity is greater than 350 gallons per minute. 10 • • All aviation fuel nozzles will have "dead man" controls which will shut off the fuel flow when the nozzle hand control is released. No "lock open" type nozzle shall be permitted for fueling aircraft. Only when the pilot or crew member is on board the aircraft will a fueling operation take place while passengers are aboard. The aircraft will be unoccupied during fueling operations unless the pilot or crew member is aboard. In all matters related to aircraft fueling safety the provisions of NFPA Manual 407 "Aircraft Fuel Servicing, 1985" published and available from the National Fire Protection Association, Incorporated, 470 Atlantic Avenue, Boston, Massachusetts 02210, shall prevail (as updated or amended from time to time). Any fuel which becomes spilled through the fueling procedure, fuel farm loading and unloading procedure or fuel which is spilled from any portion of any aircraft is the responsibility of the owner of the aircraft or fueling agency involved. It Is their responsibility to clean up the spill. The clean up procedure will conform to those set forth by the Department of Pollution Control and Ecology and all other City, State and Federal guidelines. Under no circumstances is fuel to be "washed down", but instead it shall be absorbed with an approved material and disposed of in the manner specified by City, State and Federal guidelines. All costs of such clean ups shall be borne by the owner/company/tenant involved. NOTE: The Airport Manager is authorized to exclude from the Airport, permanently or for a limited time, any vehicle violating any of these regulations. In addition, the exclusion can be extended to any other vehicle belonging to the same owner or operated by the same operator. De-ice materials storage: Prior to the winter season each year, any air carrier or aircraft operator who intends to utilize any type of de-icing chemical shall advise the Airport Manager in writing in regard to the type and amount ordered, (the amount should be kept to operational minimums). The Airport Manager shall designate the site where said material shall be stored in concurrence with the Fire Department. Certain types of chemicals are disallowed from use at this facility. All material delivered shall be marked in large painted letters which designate the owner of the chemical and type. Under no circumstances shall Airport Staff be involved with the loading, unloading or repositioning of said material. All empty barrels are the property of the carrier/operator and shall be promptly removed from the premises. Aircraft painting: Aircraft painting is prohibited in all buildings except those approved as paint shops. All such facilities will 11 • • • abide by all local, City, State and Federal regulations in place and as amended from time to time by the governing bodies. Any violations and subsequent fines/fees which may be levied shall be borne by the party involved in the violation. Knowledge of rules implied. By publication of this Ordinance as required by law, all persons will be deemed to have knowledge of its contents. However, the Airport Manager is directed to have copies of the Ordinance printed and available to all persons requesting such a copy. Copies will be available at all times in the Manager's office, and copies will be furnished to owners and operators of aircraft based on the Airport. Conflict in rules. If and where there is conflict in these and the Federal Aviation Rules (FARs) the latter shall prevail. SECTION 4: PENALTIES Penalty for violation. Any person operating or handling an aircraft in violation of any of these rules or refusing to comply herewith, may, at once, be ejected from the Airport, or may for any period of time, not exceeding fifteen (15) days, be denied use of the Airport by the Airport Manager. When extreme circumstances or conditions exist, said violator may be deprived of the further use of the Airport and its facilities for such period of time as may appear necessary for the protection of life and property. Any violation of these Standards, as adopted by ordinance, shall be subject to all applicable laws of the City of Fayetteville Police and Fire Departments and punishable by fine. This section is cumulative of all other penalties for violation of Federal, State and Local laws, rules, regulations and ordinances. Prosecution for an offense under this ordinance does not prevent the use of other enforcement remedies or procedures, including administrative measures applicable to the person charged with the conduct involved in the offense. If any provision of this ordinance is held insufficient as the basis of criminal prosecution as provided herein, the same shall nevertheless be a ground for revocation or suspension of any license, permit or privilege issued under this ordinance. For any violation hereof, a law enforcement officer or other appropriate enforcement official may require the person cited to sign a written or printed notice to appear in court. If the person cited signs such notice, the officer or other appropriate official 12 • • • • • may permit the person to proceed without further detaining him/her at that time. Signing the notice shall not be an admission of guilt. Refusal of the person cited to sign the notice, or failure after signing the notice to appear in court as required, shall be grounds for suspending a license/permit or other privileges at the Airport. Nothing in this article shall prevent the issuance of a warrant of arrest on the same charge, and trial and conviction thereon as in other cases. The Manager may request any person committing a violation to cease said activity or leave the Airport, and may eject any person who fails to comply with such request. In any case in which the Federal Aviation Administration, the Department of Pollution Control and Ecology or the Environmental Protection Agency or any other governing agency assesses a civil penalty against the Airport for any Federal/State/Local Regulation violation, the City of Fayetteville shall be reimbursed by the person whose act, or failure to act, caused the violation resulting in the civil penalty or by the person whose employee, agent, servant or independent contractor caused the violation resulting in the civil penalty. This shall be the analogues with concern to any other penalty caused by the person whose act or failure to act causes a violation. Termination of permits/leases/contracts: Any person, who continues to violate the regulations as established in this Ordinance shall forfeit their rights to the use of the facilities. Issuance of multiple citations or warnings for violations in a 12 month period will be deemed as a basis for conducting a review of the operator/tenant/contractor by the City of Fayetteville. Judgments made based on this review shall be considered binding and cause for termination for their permit/lease/contract. Saving clause. Should any part of this Ordinance be invalid or unconstitutional, no other part shall necessarily be affected thereby. 13 • • 1 • SECTION 5: APPLICATIONS Any person, firm or corporation desiring to enter into any form of commercial aeronautical activity of any nature upon the premises of the Fayetteville Municipal Airport shall first obtain permission from the Airport Manager. Each application shall be made in writing and filed with the Airport Manager, setting forth in detail the following information. a. The name and address of the applicant, to include all owners of the company. b. The proposed services/business the applicant will offer/operate. c. The names and qualifications of the persons to be involved in conducting such activity. d. The amount of land/facility or proposed building to be involved in the activity. e . The tools, equipment, services and inventory, if any, proposed to be furnished in connection with such activity. f . The number of persons to be employed. g . The hours of proposed operation. h . The number of aircraft, if any, applicant will provide. i. The requested or proposed date for commencement of the activity and the term of conducting the same; j. The estimated cost of any structure or facility to be furnished, or proposed rental of an existing facility, the proposed specifications for same, and the means or method of financing such construction or acquisition of facilities. k. The specific types and amounts of insurance coverage applicant will provide and maintain. SECTION 6: NOTICE Upon the filing of such an application with the Airport Manager, and provided it meets the requirements set forth in Section 5, it shall be referred to the Mayor and the Airport Board with any recommendations that Airport Staff deem necessary. Any like business, already in operation shall be notified by first class mail of any application which would incorporate a duplication of a business currently in operation/existence. 14 • • SECTION 7: LEASE/CONTRACT/PERMIT • Upon approval of any such application as submitted or modified, the Airport Manager shall cause to be prepared a suitable lease/contract/permit setting forth the terms and conditions of the land/facility to be utilized or built, which lease/contract/permit shall in every instance be conditioned upon: (a) Original and continued compliance with the Standards required for each particular aeronautical activity approved; shall refer 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 FAA 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 diligently prosecuted to completion. (c) Shall reserve the right in the City Council to modify or add to the Standards for operation of aeronautical activities at the Airport. SECTION 8: PERMITS FOR AERONAUTICAL ACTIVITIES Due to increased aviation activity at Fayetteville Municipal Airport, it is felt a more accurate accounting of airport based (leasing space under individual hangar lease -not as a commercial operator) independent businesses operating without direct commercial leases is necessary to protect the public safety and interest. 1) An application shall be filed with the Airport Manager and if acceptable, forwarded to the Mayor and Airport Board for approval. 2) The applicant shall comply with all City, State, and Federal regulations in regard to the activity they have requested to pursue. This includes keeping all applicable Certificates, Licenses and insurance required by the section of the Standard that references their activity current at all times while such operations occurring at the Airport. 3) Such insurance shall be kept current at all times by the operator until such time as the operators permit is relinquished or canceled. 15 • • • • • 4) The applicant may not enter into or perform any activity other than that which was proposed by their application. 5) The permit, if approved, shall be in full force and effect until it is relinquished or canceled. 6) If for any reason the applicant should cease operation, the permit issued is not to be assigned or transferred nor is any portion of the fee refundable. 7) A $50.00 per year permit fee will be payable upon approval of a permit application in accordance with number 5 of this section. This fee will be placed in the Airport Fund to offset the cost of permit administration and Airport operations. 8) Failure to comply or pay assessed fees shall be considered a violation of this ordinance and shall be considered just cause for the cessation of the applicant's right to conduct the activity initiated at the Airport. SECTION 9: STANDARD REQUIREMENTS FOR ALL AERONAUTICAL ACTIVITIES Each applicant for permission to conduct commercial aeronautical activities at the Airport shall satisfy the Airport Manager of the following: (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 services proposed; (c) That the applicant has or can reasonably secure necessary certificates from the FAA or other authority where the same are required for the activity proposed; (d) That the applicant has or can furnish suitable indemnity insurance or bond to protect and hold the City harmless from any liability in connection with the conduct of the activity proposed. (e) That such applicant can and will at all times 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 16 • • • • maintenance shall include landscape maintenance and assurance of safe operation 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 garments; (h) The applicant shall operate in a moral and ethical manner at all times. This shall constitute behavior which does not infringe on the rights or property of others and conducting all aspects of business in a fashion which shows due trust to the public. The business shall operate and conduct itself in a manner reflecting the moral principles acceptable to society as a whole; (i) Each commercial operator shall agree to indemnify and hold harmless the City of Fayetteville of and from any claims of liability for personal injury, death, or property damage resulting from it's operation at the Airport; (j) No person shall engage in any aeronautical activity for furnishing services to the public at the Airport unless: 1. Said service is furnished on a fair, equal and nondiscriminatory basis to all users thereof, and 2. Fair, reasonable and non - discriminatory prices are charged for each unit of sale or service, provided that reasonable and non - discriminatory discounts, rebates or other similar types of price reduction may be made to volume purchasers. (k) At all times, the operator will comply with all Local, State, Federal, FAA and EPA regulations and requirements. Any associated fees levied to the Airport as owner in connection with a profit oriented operation shall be passed along and borne by the operator/tenant deriving benefit from the use of the Airport's property/assets. In considering every application for establishing commercial aeronautical activities, the Airport Manager shall give due consideration to each applicant without regard to race, sex, national origin or any unjust discrimination. 17 • • • SECTION 10: STANDARDS FOR SPECIFIC ACTIVITIES A. Fuel and Oil Sales B . Multiple Aeronautical Service Providers/ Combination Activities (Full Service FBO's) C. Aircraft Charter and Taxi Service D . Aircraft Engine, Airframe and Accessory Sales and Maintenance E . Aircraft Rental and Sales F. Flight Training G . Crop Dusting and Spraying H . Avionics Sales and Maintenance I. Baggage and Freight Handlers J . Ground Transportation Policy K . Non -Public Fueling L . Specialized Services M. Hangar Construction and Rental N . Basic Lease Terms and Conditions O . Construction of Corporate Hangars by Others than the Fixed Base Operator NOTE: An FBO may be defined loosely as any person, firm, or corporation performing any function or activity which involves, or makes possible, or is required for the operation of aircraft, or which contributes to or is required for the safety of such operations. The City may wish to advertise for a multiple service FBO and accept proposals from only those willing to furnish certain specified services, but the City may pot refuse to negotiate with others who wish to provide a lesser number of services so long as land/space is available to conduct such activities. 18 • • • A: FUEL AND OIL SALES In addition to meeting all requirements of this Standard, every person conducting the following specific activities shall meet the additional requirements as hereinafter set out: 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 Airport Manager. Mobile and fixed pumping equipment must have reliable metering devices, be certified by the State Bureau of Standards at least once a year and must comply with all City, State and Federal regulations and guidelines. 2) Shall provide properly trained, and uniformed line personnel on duty at least eight hours of every calendar day, or as required by the activity level projected seven days a week, (upon approval of the Airport Manager) and on call by readily accessible means at other hours during the day or night. 3) The ability to perform minor repairs coupled with the requirement of proper tools, jacks, towing equipment and tire repair equipment necessary to service the types of aircraft expected to utilize the Airport on a regular basis; proper equipment for changing engine oil, towing, 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. 5) 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 19 emergency training when provided by the Fayetteville Fire Department or the Airport Staff and as required by FAR 139. 8) Shall provide for the adequate and sanitary handling and disposal, 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 materials. The piling or storage of crates, boxes, barrels, and other containers will not be permitted within the leased premises. 9) The operator must provide all security items required by Part 107 of the Federal Air Regulations and the Airport Security Plan. B. MULTIPLE SERVICE PROVIDERS/COMBINATION ACTIVITIES At least one fixed base operator at Fayetteville Municipal Airport shall perform the services and meet the requirements prescribed by the following sections: A. Fuel and oil sales; B. Aircraft charter and taxi service; C. Aircraft engine, airframe and accessory sales and maintenance; D. Aircraft rental and sales; and E. Flight training. This is not to be construed as an exclusive right. No person shall be prohibited from the service and maintenance of their own aircraft and equipment, as long as this service or maintenance complies with all regulations set forth in this document and the applicable State, Local and Federal regulations. Said Fixed Base operator shall abide by all rules, regulations and operating practices set forth by these Standards, and all City, State and Federal regulations incorporated by reference herein and all specific terms as provided in their Lease agreement. Insurance minimums for a Fixed Base $2,000,000 Hangar Keepers Liability and with the City of Fayetteville listed This can be adjusted from time to time levels and Airport usage, (coverage may and number of aircraft serviced at any )peration shall be set at Public Liability Insurance as an additional insured. commensurate with activity increase dependent on type one time). Pd.] Persons operating aircraft charter and taxi service shall provide: 1) Passenger lounge, rest room and telephone facilities. 2) Adequate table, desk or counter for checking in passengers, handling ticketing or fare collection, and the proper 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 on an "on call" basis as may be necessary for on demand charter. 4) Insurance coverage shall be required in the following amounts or in amounts as may be considered reasonable based on a case by case review of proposed activity: AIRCRAFT LIABILITY: Bodily injury $500,000 each person $1,000,000 each accident Property damage $500,000 each accident Passenger Liability $500,000 each passenger COMPREHENSIVE PUBLIC LIABILITY AND PROPERTY DAMAGE Bodily injury $500,000 each person $1,000,000 each accident Property damage $500,000 each accident 5) Such insurance shall be kept current at all times by the operator until such time as the operators permit is relinquished or canceled. 6) All current licenses and certificates issued by the F.A.A. for use in this particular operation shall be kept current at all times by the operator until such time as the operators permit is relinquished or canceled. Persons conducting aircraft rental and sales activity shall provide: 1) Suitable space for consummating sales and/or rentals and the keeping of the proper records in connection therewith. 21 2) Hangar storage space for at least one aircraft to be used for sales or rental. 3) For rental, at least one airworthy aircraft suitably maintained and certificated. 4) For sales activity of a new aircraft, a sales or distributorship franchise from 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 operations licensed by the Airport/Mayor 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. Current medical and airmans certificate checks are required prior to the rental of any 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) All current licenses and certificates issued by the F.A.A. for use in this particular operation shall be kept current at all times by the operator until such time as the operators permit is relinquished or canceled. 11) Insurance coverage shall be required in the following amounts or in amounts as may be considered reasonable based on a case by case review of proposed activity: AIRCRAFT LIABILITY: Bodily injury Property damage Passenger Liability NK $500,000 each person $1,000,000 each accident $500,000 each accident $500,000 each passenger COMPREHENSIVE PUBLIC LIABILITY AND PROPERTY DAMAGE Bodily injury $500,000 each person $1,000,000 each accident Property damage $500,000 each accident 12) Such insurance shall be kept current at all times by the operator until such time as the operators permit is relinquished or canceled. K. • ' :.. 1 All 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 completed. 3) Adequate shop space to house the equipment and machine tools, jacks, lifts and testing equipment to perform 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 certified air frame and power plant mechanic available during eight hours of the day, five days per week and on an "on call" basis as needed. 5) Facilities for washing, cleaning, and waxing aircraft if operator engages in said business. 6) Suitable equipment (i.e. tractors, tow bars, jacks, dollies, and other equipment as might be needed to remove the largest type of aircraft that normally could be expected) to promptly remove from the landing area any disabled aircraft as soon as permitted. 7) All current licenses and certificates issued by the F.A.A. for use in this particular operation shall be kept current at all times by the operator until such time as the operators permit is relinquished or canceled. 8) Insurance requirements shall be established on a case by case basis, contingent on the size of each operation. In no instance shall the minimum insurance be less than the following amounts: 23 . COMPREHENSIVE PUBLIC LIABILITY AND PROPERTY DAMAGE Bodily injury $500,000 each person $1,000,000 each accident Property damage $500,000 each accident Hangar Keepers $1,000,000 each accident (coverage depends on type and number of aircraft serviced at any one time) Such insurance shall be kept current at all times by the operator until such time as the operators permit is relinquished or canceled. F. FLIGHT TRAINING All persons conducting flight training activities shall provide: 1) All required F.A.A. certifications and licenses as appropriate for the training which is proposed, i.e. single - engine, multi -engine, instrument rating, private license or commercial license. All current licenses and certificates issued by the F.A.A. for use in this particular operation shall be kept current at all times by the operator until such time as the operators permit is relinquished or canceled. 2) A listing of the types of aircraft as may be required to give flight instruction. 3) Adequate office and classroom space for at least five students with proper rest room facilities. 4) Adequate mock-ups, pictures, slides, film strips or other visual aids necessary to provide proper ground school instruction, (instruction which will allow for passing the written portion of airman training). 5) Insurance coverage shall be required in the following amounts or in amounts as may be considered reasonable based on a case by case review of the proposed activity: AIRCRAFT LIABILITY: Bodily injury Property damage Passenger Liability 24 $500,000 each person $1,000,000 each accident $500,000 each accident $500,000 each passenger STUDENT AND RENTER PILOT COVERAGE COMPREHENSIVE PUBLIC LIABILITY AND PROPERTY DAMAGE Bodily injury $500,000 each person $1,000,000 each accident Property damage $500,000 each accident 6) Such insurance shall be kept current at all times by the operator until such time as the operators permit is relinquished or canceled. G. CROP DUSTING AND SPRAYING Persons seeking to conduct crop dusting or spraying of agricultural chemicals shall be permitted to refuel planes at Fayetteville Municipal Airport, however, storage or transfer of agricultural chemicals at the Airport is prohibited due to lack of adequate facilities which meet EPA standards. H. AVIONICS SALES AND MAINTENANCE All persons conducting maintenance and sales of avionics equipment shall provide: 1) Suitable office space for operating and conducting sales and/or maintenance and the keeping of proper records in connection therewith. 2) Adequate facilities for servicing, repairing and sales of avionics equipment or satisfactory arrangements with other operators licensed by the Mayor on the Airport for such service, sales and repairs. 3) There shall be available, at least during eight hours of the working day, a properly certificated service person capable of demonstrating equipment for sale to the public and for repairing or servicing of avionics equipment. 4) The minimum stock of readily expendable spare parts, or adequate arrangements for securing spare parts within a reasonable time, required for the types of avionics supplied and sold. 5) Current up-to-date specifications and price lists for types and models of avionics supplied, sold, or repaired. 6) Proper check lists and operating manuals on all radio/navigational equipment sold or repaired and adequate parts catalogued and stocked. 25 7) Any signs to be placed on Airport property shall be in compliance with all City of Fayetteville codes and ordinances and then be approved by Airport Management. 8) Insurance requirements shall be established on a case by case basis, contingent on the size of each operation. The minimum base coverage follows: COVERAGE: Hangar Keepers Liability $1,000,000 each accident Products Liability $1,000,000 each accident NOTE: Insurance coverage limits shall reflect appropriate amount based on risk exposure. COMPREHENSIVE PUBLIC LIABILITY AND PROPERTY DAMAGE Bodily injury $500,000 each person $1,000,000 each accident Property damage $500,000 each accident Such insurance shall be kept current at all times by the operator until such time as the operators permit is relinquished or canceled. 9) All current licenses and certificates issued by the F.A.A. for use in this particular operation shall be kept current at all times by the operator until such time as the operators permit is relinquished or canceled. All persons conducting baggage/freight handling services shall provide: 1) Adequate counter space for customer pick-up and baggage handling (unless just a delivery service is operated). 2) Properly licensed drivers for delivery services and support operations, one of which shall be located at the Airport (unless just a delivery service is operated), and available during at least eight hours a day, and on standby at other times, available within two hours notice. 3) suitable inside storage space to accommodate baggage and freight until pick-up or delivery can be made. 4) Properly licensed and operated delivery vehicles carrying insurance minimums of $25,000 for personal injury or death of any person in any one accident, the minimum sum of $50,000 for 1j S personal injury or death of two or more persons in any one accident, and a minimum of $15,000 covering property damage. 5) Any signs to be placed on Airport property shall be in compliance with all City of Fayetteville codes and ordinances and then be approved by Airport Management. 6) Minimums of insurance shall be maintained in force at all times to cover contents, if applicable, and public liability coverage. This shall be a combined single limit, bodily injury and property damage coverage, in the amount of $100,000. Such insurance shall be kept current at all times by the operator until such time as the operators permit is relinquished or canceled. 7) All vehicle parking will conform to the area designated by the Airport Manager, which shall conform to the existing City ordinances. 8) Access to the Airport Operations Area is restricted unless prior approval of personnel and vehicles has been requested and granted by Airport Management. J. GROUND POLICY All persons conducting any business which shall require routine use of Airport roadways and parking areas shall apply for a ground transportation permit or execute a Letter of Agreement prior to the initiation of these activities. 1) Persons who have in place an existing lease agreement or business operators permit are exempted from this policy. 2) This policy does not supersede any City ordinance that currently exists for the usage of roadways and parking areas at the Airport. 3) The use of the roadway and parking areas shall be incidental to the business being operated, i.e., passenger pick-up and delivery service to hotels, etc... 4) The Letter of Agreement once executed shall not be canceled until such time as the business discontinues operation or the Standards are further modified regarding this section. 5) Executing a Letter of Agreement or issuance of the permit does not allow parking for longer than the posted time allowable by City ordinance, or in areas other than those intended for that purpose. 27 6) Executing the Letter of Agreement or issuance of the permit does not include the parking of courtesy vehicles to meet flights on a scheduled basis. The courtesy vehicle is permitted only to pick-up on call, or a pre -arranged basis. 7) Persons operating vehicles on Airport roadways and parking areas shall hold the proper licenses for the operation of the vehicle they are operating, and said vehicle shall be properly insured and maintained in good and safe operating condition. 8) There shall a $25 annual charge for a Letter of Agreement. The fee for a permit shall be $25.00 and is to be issued on a pro -rata annualized basis. All permits shall be renewed in December for the following year. 9) Businesses utilizing the Airport roadways and parking for their primary business purpose, i.e. car rental to the public, who do not have a direct lease and do not operate out of the Commercial Terminal Building shall be required to apply for a business operators permit. In the case of car rental agencies, limousines and shuttle services, a 10% of gross revenues user fee shall be required to be remitted on a monthly basis for all Airport related revenue generated through operation on said business. The City of Fayetteville Council may establish other business rates at the recommendation of the Airport Board. Gross receipts shall be verified by an independent annual audit and verified through additional comparisons of State and Federal tax reporting documents as required by the Airport Manager. K. NON-PUBLIC FUELING Any non-public fueling of aircraft shall be in compliance with the Minimum Standards for Non -Public Self-Fuelers requirements approved by the FAA for Fayetteville Municipal Airport. A copy of these standards and a permit may be obtained from the Airport Manager. 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 a Fixed Base Operator. However, special requirements for shop or hangar facilities will be studied by the Airport Manager on an individual basis. Such facilities shall meet the general Standard requirements. 2) The City of Fayetteville recognizes the need for hangar, shop and/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 City further recognizes that these individuals do not wish to offer a full line of services most usually offered by the full service Fixed Base Operator. These individuals will be encouraged to obtain facilities from the Fixed Base 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 Airport Manager or the City Council upon review of the proponents application and financial capability in accordance with the Standards set forth in the ordinance. (b) The lease terms and conditions shall permit the applicant to engage only in those specific commercial aeronautical activities as he/she so states in the application. Changes in the nature of his commercial pursuits, which necessitate additional facilities or the enlargement of the original facilities, will require formal application to the Airport Manager and appropriate concurrence with the 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 Operations and Commercial Aeronautical Activities. (d) Insurance shall be required based on size and type of activity. M. HANGAR CONSTRUCTION AND RENTAL Persons seeking to construct or lease structures or facilities for storing aircraft shall be required to satisfy the City Council/Mayor that: 29 1) The premises leased shall be kept clear of weeds and accumulation of other noxious growth of vegetation. 2) The leased premises shall be used solely for the purpose of storing aircraft and such other duly authorized activities. 3) The premises and improvements shall be maintained in good condition and appearance. 4) No signs will be placed on the structure or premises without prior approval of the Airport 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 Airport Manager before any construction takes place. 7) Any proposed building or structure will first file for an airspacing study and be shown on an Airport Layout Plan for the approval of the FAA prior to initiation of said construction. It is the intention of the Airport Manager to write a lease requiring the Fixed Base Operators to provide certain services. It is also the intention of the Airport Manager that all leases be "net" leases. That is, that total costs for amortizing the investment and maintenance and administrative costs be borne by the operator. Hangars may be constructed by operators provided they meet the minimum requirements established by the City of Fayetteville 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 for 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 service. All other rates and charges shall be filed with the Airport Manager. 30 2) All utilities are to be paid directly by the operator. 3) All building maintenance on Airport owned facilities is borne by the operator except structural repairs or repairs which are enumerated in individual lease agreements. Building maintenance on individually owned facilities shall be borne by the owner or operator. 4) Any improvements made to the leased premises, must first be approved by the Airport Manager and become the property of the Airport, unless otherwise specified, upon completion 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. All others will be maintained by the operator. 7) All sublease agreements or assignments must receive prior written approval of the City Council. 8) Lessee and Sublessee shall each be required to carry public liability insurance as well as Hangar Keeper liability (or general liability if applicable ), insurance and provide certificates of such insurance to the City. Such certificates shall reflect the City as additional insured. Such public liability insurance shall be in amounts not less than $100,000 per person bodily injury and $300,000 per accident property damage. Such Hangar Keeper or general liability insurance shall be of sufficient amount 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. O. CONSTRUCTION OF CORPORATE HANGARS BY OTHERS THAN THE FBO OR PRIVATE NON - CORPORATE TENANTS The City Council recognizes the need for individual corporation hangars that would be constructed by persons other than the Fixed 31 Base Operators. Corporations will be encouraged to obtain facilities from the Fixed Base Operators. If unable, such buildings will be permitted in specific areas, provided no commercial 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. SECTION 11: PRINTED POLICY It is the intent of the Airport to serve the public in the most cost effective, equitable, efficient, and safest manner possible. In order to be fair to persons who pay for advertising space in the terminal, and since sufficient space is available for rental to the public, it has been deemed appropriate to authorize advertising only in this space. This policy insures fairness to all advertisers by assessing fees for the space available, does away with the required maintenance by staff of picking up discarded and blown materials left on site, and best utilizes the very limited space needed for seating of airport users. Persons who wish to distribute material of a religious nature must be afforded that opportunity in accordance with the First Amendment. The following one page application and guidelines are to be utilized by persons who wish to distribute printed material on site. This material will only be distribute by the person so indicated in the applications and only in approved areas, at times so approved by the Airport Manager. The application for permission to distribute printed material is on the following page. Should you have any questions regarding the policy, contact the Airport Manager's Office. 32 AP PL I CATION TO DISTRIBUTE PRINTED MATER I AL S 1. Name of organization: 2. Address: 3. Material to be distributed (PLEASE ATTACH SAMPLE OF MATERIAL IF AVAILABLE) 4. Requested date to distribute material: 5. Person who will be distributing: 6. Affiliation to the organization 7. Hours requested for distribution 8. Date of this application: A) A minimum of one weeks notice is required prior to distribution of material. B) An area for distribution will be selected by the Airport Manager or designated representative. C) Distribution of material shall only be permitted in this area. This is done to assure that traffic flow through the building is not impeded by persons distributing material. D) After distribution is completed, the distributor will pick up any discarded material left in the terminal and dispose of this material in a trash receptacle. E) Under no circumstances are distributed material to be left on site, i.e. on table or counter tops, floors, in the restaurant, on any public seating inside the terminal or on the benches, sidewalks, streets or any where else on the airport's property. 33 , �� / ' �l 1 1 �l , 1 • 1 1 �� The Airport Manager shall review the Standards for Operations and Commercial Aeronautical Activities from time to time and shall recommend such revisions or amendments as shall be deemed necessary under the use circumstances surrounding the Airport to properly protect the health, safety and interest of the city and the public. Upon approval of any such amendments, the operators of aeronautical activities secured hereunder shall be required to conform to such amended standards. The institution of any new or revised Local, State, Federal, FAA or EPA regulations and associated fees levied to the Airport as owner in connection with a profit oriented operation shall be passed along and borne by the operator/tenant deriving benefit from the use of the Airport's property/assets. Said new or revised regulations shall be considered necessary for the protection of the public health and welfare and not require amendment of these Standards to be included and shall be in immediate full force and effect. Notice of intent to amend the Standards as established herein shall be published in a newspaper of at least local circulation and be considered sufficient notice when printed for the public as a general notice to all citizens. 34