Loading...
HomeMy WebLinkAboutORD 80-112 } ORDINANCE NO. ENTITLED AN ORDINANCE ADOPTING STANDARDS GOVERNING AERONAUTICAL ACTIVITIES AT MUNICIPAL AIRPORT; PROVIDING MINIMUM STANDARDS AND REQUIREMENTS FOR THE CONDUCT OF COMMERCIAL AERONAUTICAL SERVICES AND ACTIVITIES; MINIMUM STANDARDS AND REQUIREMENTS FOR THE CONDUCT OF FIXED BASE OPERATOR ACTIVITIES; MINIMUM STANDARDS AND REQUIREMENTS FOR SPECIALIZED AVIATION SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the minimum standards and requirements for the conduct of commercial aeronautical services and activities; minimum standards and requirements for fixed base operator activities and minimum standards and requirements for specialized aviation activities as attached hereto as Exhibit "A" and made a part hereof as if copied verbatium herein are hereby adopted by the City Council. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3 . All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4 . Any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of �, _, 1980. l Mayor - r SPECIALIZED AVIATION OPERATOR EXHIBIT "A" SECTION III' ' 4 SPECIALIZED AVIATION OPERATOR Specialized Aviation Operators shall consist of one or more of the following services and activities and comply with the Minimum Standards described in this Section. 1. Specialized Aircraft Repair Services (Radios, Painting, Upholstery, Propellers, Instruments, Accessories, etc.) a. Statement of Concept A specialized aircraft repair services operator is a person or per- sons, firm or corporation engaged in a business capable of providing a shop, or a combination of Federal Aviation Administration certifi- cated shops for the repair of aircraft radios, propellers, instru- ments and accessories for general aviation aircraft. This category shall include the sale of new and/or used aircraft radios, propellers, instruments and accessories, but such is not an exclusive right. b. Minimum Standards (1) The Operator shall lease from the City an area of not less than 5,000 square feet of ground space on which shall be erected a building providing at least 1,200 square feet of floor space to hangar at least one (1) aircraft, to house all equipment, and to provide an office, shop, restrooms,- customer lounge and telephone facilities for customer use. Hard sur- faced, on-site auto parking space with sufficient accommoda- tions for automobiles, and a paved aircraft apron, all within the leased area and sufficient to accommodate the Operator's activities and operations shall be provided. The avionics portion of the services offered must maintain current the qualifications of Class I and Class II FAA designated repair stations. (2) The Operator shall obtain and maintain, as a minimum, the re- pair station certificates as required by the Federal Aviation Administration, which are applicable to the operation or operations contemplated. The Operator may furnish one or, if desired, any combination of the services mentioned above. (3) The Operator shall have his premises open and services avail- able eight (8) hours daily, five (5) days each week, one of which may be on Saturday or Sunday. -1- (4) The Operator shall have in his employ, and on duty during the required operating hours, trained personnel in such numbers as are -required to meet the minimum standards set forth in this category in an efficient manner, but never less than one (1) person currently certificated as a Federal Aviation Administration-rated radio., instrument or propeller repairman, and one (1) other employee not necessarily rated. 2. Specialized Commercial Flying Services a. Statement of Concept A specialized commercial flying services operator is a person or persons, firm or corporation engaged in air transportation for hire for the purpose of providing the use of aircraft for the activities listed below: (1) Nonstop sightseeing flights that begin and end at the same airport within a 25-mile radius of the airport. (2) Crop-dusting, seeding, spraying, bird chasing, fish spotting, etc. (3) Banner towing and aerial advertising. (4) Aerial photography or survey. (5) Fire Fighting. (6) Power line or pipeline patrol. (7) Any other operations specifically excluded from Part 135 of the Federal Aviation Regulations. b. Minimum Standards (1) The Operator shall lease adequate space and/or land area to meet the requirements of the operation at the Airport subject to the approval of the City. Banner towing is not required to lease space but may if desired. In the case of crop- dusting or aerial application, the operator shall demonstrate that he will make suitable arrangements and have such space available in his leased area for safe loading and'unloading and storage and containment of noxious chemical materials. In case of crop-dusting, aerial application or other commer- cial use of chemicals , the Operator shall provide a paved area -2- having a single drainage, outlet for all aircraft loading and unloading. This area must be built and operated in full com- pliance with the Environmental Protection Agency regulations governing such activities. The Operator shall also provide for the safe storage and containment of all chemical materials. Such facilities will be in a location on the Airport which will provide the greatest safeguard to the public. Aircraft washing and spray tank flushing must be accomplished on a 50' x 50' washdown pad which drains into a 25' x 30' PVC lined evaporation pond which shall be located no closer than 450' from the nearest well and with no overflow into drainage ditches. The pond will be fenced with a man-proof fence. Tank service water hydrants will be equipped with a check valve to prevent possible "back-siphonage". (2) The Operator shall provide and have based on his leasehold, either owned or under written lease to the Operator, not less than one (1) airworthy aircraft, suitably equipped for, and meeting all the requirements of the Federal Aviation A&inis- tration and applicable regulations of the State of Texas with respect to the type of operations to be performed. In the case of crop-dusting or aerial application, the Opera- tor shall provide tank trucks for the handling of liquid spray and mixing liquids. The Operator shall also provide adequate ground facilities and equipment for the safe containment, storage, handling and safe loading of all noxious chemicals and materials. (3) The Operator must provide, by means of an office or a tele- phone, a point of contact for the public desiring to utilize Operator's services. (4) The Operator shall have in his employ, and on duty during the required operating hours, trained personnel in such numbers as may be required to meet the minimum standards herein set forth in an efficient manner, but never less than one (1) person holding a current Federal Aviation Administration commercial certificate, properly rated for the aircraft to be used and the type of operation to be performed, and one (1) other person to assist in the loading, servicing and handling of aircraft. (5) Itinerant Specialized Commercial Flying Services Operators desiring to utilize the airport for a period less than 30 days will operate in accordance with City Policy. Minimum requirements' will include proof of insurance of the proper type and in the amounts called for at the end of these standards and such other fees as may be negotiated between the City and the Operator. -3- I t 3. Flight Training a. Statement of Concept A flight training operator is a person or persons, firm, or corpora- tion engaged in instructing pilots in dual and solo flight training, in fixed and/or rotary wing aircraft, in land or sea aircraft, and provides such related ground school instruction as is necessary- preparatory to taking a written examination and flight check ride for the category or categories of pilots' licenses and ratings involved. Flight training is a Fixed Base Operator requirement and any operator wishing to provide only this service must meet the following standards : b. Minimum Standards (1) The Operator shall lease from the City an area of not less than one-eighth acre of ground space, on which shall be erected a building providing at least 1,500 square feev-of floor space for office, classroom, restrooms, and telephone facilities for customer use. Hard-surfaced auto parking space and a paved aircraft apron all within the leased area sufficient to accommodate the Operator's activities and operations shall also be provided. (2) The Operator shall have available for use in flight training, either owned or under written lease to Operator, a sufficient number of aircraft properly certificated to handle the pro- posed scope of his student operation, but. not less than one (1) properly certificated aircraft. (3) The Operator shall have his premises open and services avail- able eight (8) hours daily, five (5) days a week. (4) The flight training operator shall have on a full-time basis currently certificated pilots and instructors in sufficient numbers (never less than one) to meet the demands of the num- ber of students expected to be engaged in such flight training. 4. Aircraft Sales (New and/or Used) a. Statement of Concept An aircraft sales operator is a person engaged in the sale of new and/or used aircraft through franchises, or licensed dealership or distributorship (either on a retail or wholesale basis) of an aircraft manufacturer or otherwise; and provides such repair, services, -4- and parts as necessary to meet aqy guarantee or warranty on new and/or used aircraft sold by him. b. Minimum Standards (1) If provided as the only service provided by an Operator, the Operator shall lease from the City an area of not less than one-eighth acre of ground space to provide for outside display and storage of aircraft on which shall be erected a building providing at least 1,000 square faet of floor space for office, restrooms, customer lounge and telephone Facilities for cus- tomer use. Hard-surfaced auto parking space and a paved aircraft apron all within the leased area and sufficient to accommodate .the Operator's activities and operations shall also be provided. (2) The Operator shall provide necessary and satisfactory arrange- ments for the repair and servicing of aircraft, but only for the duration of any sales guarantee or warranty period. Ser- vicing facilities may be provided through written agreement with a repair shop operation at the Airport. The Operator shall provide an adequate inventory of spare parts for the type of new aircraft for which sales privileges are granted. The Operator who is engaged in the business of selling new aircraft shall have available at least one fully-assembled and certificated-airworthy demonstrator aircraft for each category or class of aircraft sold. (3) The Operator shall have his premises open and services avail- able eight (8) hours daily, five (5) days a week. (4) The Operator shall have in his employ (and on duty during the required operating hours) trained personnel in such numbers as are required to meet the requirements in an efficient manner, but never less than one (1) person having a current commercial pilot certificate with single-engine rating and instructor rating, or be so rated himself. S. Aircraft Airframe and Engine Maintenance and Repair a. Statement of Concept An aircraft and airframe engine maintenance and repair operator is a person or persons, firm or corporation providing one (or a combi- nation of) airframe and power plant overhaul and repair services, with at least one (1) person currently certified by the Federal Aviation Administration with ratings appropriate to the work being -5- performed. This category of aeronautical services shall also include the sale of aircraft parts ,and accessories, but such is not an exclusive right. This service is a Fixed Base Operator require- ment and any operator wishing to provide only this service must meet the following standards : b. Minimum Standards (1) The Operator shall lease from the City an area of not less than one-half (1/2) acre of ground space on which shall be erected a building providing at least 2,400 square feet of floor space for airframe and power plant overhaul and repair services including a segregated painting area (meeting all local and State industrial code requirements) and space for office, restrooms, customer lounge and telephone facilities for customer use. Hard-surfaced, on-site auto parking space and a paved aircraft apron all within the leased area suffi- cient to accommodate the Operator's activities and operations shall also be provided. (2) The Operator shall provide sufficient equipment, supplies, and availability of parts equivalent to that required for certification as a Federal Aviation Administration-approved repair station. (3) The Operator shall have his premises open and services avail- able eight (8) hours daily, five (5) days a week, (4) The Operator shall have in his employ (and on duty during the required operating hours) trained personnel in such numbers as are required to meet the minimum standards and requirements set forth in an efficient manner, but never less than one (1) person currently certified by the Federal Aviation Administra- tion with ratings appropriate to the work being performed and who holds an airframe, power plant, or an aircraft inspector rating. 6. Aircraft Rental a. Statement of Concept An aircraft rental operator is a person or persons, firm, or cor- poration engaged in the rental of aircraft to the public, b. Minimum Standards (1) If applicable, The Operator shall lease from the City an area of not less than one-fourth acre of ground space on which -6- shall be erected a building providing at least 2,000 square feet of floor space for aircraft storage, office, restrooms, customer lounge and telephone facilities for customer use. Hard-surfaced, on-site auto parking space and a paved air- craft apron all within the leased area and sufficient to accommodate the Operator's activities and operations shall also be provided. (2) The Operator shall offer for hire certified and currently airworthy aircraft commensurate with the scope of this opera- tion, and shall have at least one current commercial pilot with the appropriate ratings for the leasing of aircraft. The aircraft rental operator may, at his option, provide a pilot for an aircraft check ride. The operator shall, in a propo- sal, specify the minimum number of aircraft, and types thereof, that he will maintain and have available for lease and/or rental . (3) The Operator shall have his premises open and services avail- able eight (8) hours daily, five (5) days a week. (4) The Operator shall have in his employ (and on duty during the required operating hours) trained personnel in such num- bers as are required to meet the minimum standards set forth in an efficient manner, but never less than one (1) person currently certified by the Federal Aviation Administration with ratings appropriate to the work being performed. 7. Aircraft Charter and Air Taxi Service a. Statement of Concept An aircraft charter (Commercial Operator) and an air taxi operator is a person or persons, firm or corporation engaged in the business of providing air transportation (persons or property) to the public for hire, either on a charter basis or as an air taxi operator, as defined in the Federal Aviation Act of 1958, or as said Act may be supplemented or amended from time to time. b. Minimum Standards (1) If applicable, the Operator shall lease from the City an area of not less than one-half (112) acre of ground space on which shall be erected a building providing at least 2,000 square feet of floor space for..dircraft storage and space for office, restrooms, customer lounge and telephone facilities for customer use. Hard-surfaced, on-site auto parking space -7- and a paved aircraft ,apron 'all within the lease area and suf- ficient to accommodate the� Operator's activities and opera- tions shall also be provided. (2) An Operator shall have and maintain during the term of the tenancy at the Airport, an Air Taxi license and shall operate in conformance with all appropriate Federal Aviation Regula- tions. (3) The Operator shall provide not less than one (1) single- engine (four-place) aircraft equipped for and .capable of use under instrument conditions, either owned or under written lease to Operator, all of which must meet the requirements of the Federal Aviation Administration Air Taxi Commercial Operator Certificate held by the Operator. (4) An Operator shall demonstrate that he: (a) Will hold out for hire, to provide aircraft charter service, as .de,fined in Part 135 of the Federal Aviation Regulations as amended; or (b) Is an Air Taxi Operator subject to Part 135 of the Federal Aviation Regulations as amended, (5) The Operator shall meet the requirements of Part 13S of the Federal Aviation Regulations. (6) The Operator shall provide at least one FAA certified commer- cial pilot rated for air taxi service. (7) The Operator shall have his premises open and services avail- able eight (8) hours daily, five (5) days per week; and shall provide on-call service during hours other than the afore- mentioned. (8) The Operator shall have in his employ and on duty during the required operating hours, trained personnel in such numbers as are required to meet the minimum standards set forth in this category in an efficient manner, but never less. than one (1) Federal Aviation Administration currently certificated commercial pilot and otherwise appropriately rated to permit the flight activity offered by the Operator. The Operator shall have available sufficient qualified operating crews or satisfactory number of personnel for checking in passengers, handling of luggage, ticketing, and for furnishing or arranging for suitable ground transportation. The prospective Operator shall provide reasonable assurance of a continued availability of qualified operating crews and approved air- craft within a reasonable or specified maximum notice period. -8- c. Air Taxi Companies Not Based on Beaumont Municipal Airport Non-scheduled air carrier companies, not based on Beaumont Municipal Airport, but who are providing service to and from the Airport, are subject to these minimum standards and requirements. 8. Aircraft Storage a. Statement of Concept An aircraft storage operation is a business operated by a person, firm or corporation engaged in the rental of conventional and/or T-type hangars and tie-down areas to the general flying public. Aircraft storage is a Fixed Base Operator requirement. Any operator wishing to provide this service only must meet the following stan- dards. b. Specific Standards of Operation (1) If applicable, the Operator who is to provide a conv eztional hangar and tie-down storage facilities or T-type hangars shall be in accordance with design and construction standards re- quired and established by the Airport for the facility or activity involved. (2) If applicable, conventional hangars shall be of a size to be determined. However, as a minimum the operator must lease an area of not less than one-half (1/2) acre of ground space on which he shall construct a building-hangar(s) of at least 3,600 square feet, which must be used for aircraft storage. T-hangars shall be of such a size and number as determined by the City. All construction shall be in accordance with buiding code requirements. (3) The Operator shall demonstrate to the satisfaction of the City that he either presently owns the minimum equipment necessary to meet the requirements, or is financially able to and will purchase such equipment. The basic equipment for this type of operation is as follows: (a) Starting equipment; (b) Fire extinguishers; and (c) Towing equipment. -9- 9. 'Lease Terms and Conditions shall be ,as follows: a. Land and existing facilities rent shall be re-evaluated and changed every five years. The current undeveloped land rent is 3.0t per square foot per year. b. The rates or charges for aircraft parking, tie-down and storage made by operators shall be determined by the FBO, subject to the prior written approval of the City first obtained 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. All rates and charges shall be filed with the City. c. The City currently charges 3.0¢ per gallon of fuel delivered into aircraft. These charges shall be re-evaluated and changed every five years. d. All payment, made by the FBO to the City shall be paid on or before the tenth of the month following the month in which the costs are incurred. e. The Operator shall at its own expense, pay all taxes and assessments against any building or any other structures placed on the premises and owned by them. f. All utilities are to be paid directly by the Operator. g. All building maintenance on City owned and operated facilities shall be borne by the City. Building maintenance on individually owned facilities shall be borne by the owner of leasee. h. Maintenance of the entire leased area including interior maintenance of City owned facilities leased by the FBO shall be that of the FBO. Interior maintenance shall include windows and hangar doors. FBO shall maintain all pavements constructed by him throughout the lease period. i. All sublease agreements must receive prior written approval of the City. j . FBO shall be required to carry public liability insurance for his sub lessee or provide a certificate of insurance which shows the lessee and the City as named insured, in amounts communsurate with sublessee's individual activities and services. k. No oils, greases, detergents, or other insoluble substance shall be placed in the sewage or drainage systems or on the groOnd. All local , state, and federal laws, regulations, and ordinances governing the disposal of waste materials shall be complied with by the FBO. -10- 1. These Minimum Standards shall be an integral part of the lease agree- , ment and may be included by reference. m. FBO's in their operation and use of the Airport, will not, on the grounds of race, color, sex or national origin, discriminate, or permit dis- crimination against any person or group of.persons in any manner prohibited by the Federal Aviation Regulations (FAR Part 15) . 10. Insurance Coverage - The below listed insurance types and amounts apply to a full service fixed base operation. Specialized operators will be required to carry the same amounts but only the types of insurance which are relevant to the activities they perform at the airport. The insurance shall be provided and paid for by the FBO with the City of Beaumont, and all other.personnel as additional insured. A Certificate of Insurance or a copy of the insurance policies involved will be furnished to the City and 10 days' advance written notice of any change to any policy or cancellation of any policy shall be given to the City. a. Aircraft Liability: Bodily Injury (Each Accident) 100,00 each person 300,000 for more than one person Passenger Liability 75,000 each passenger, each accident Property Damage 100,000 each accident b. Comprehensive Public Liability and Property Damage Including Contractual Liability: Bodily Injury ( Each Accident) 300,000 Property Damage 100,000 each accident Broad form liability endorsement form G222 shall be included. c. Hangar Keeper's Liability: 250,000 each accident • d. Products' and Completed Operations 300,000 each accident e. Student and Renter's Liability: 25,000 per accident excluding passengers -11- £. Motor Vehicle Liability: Bodily Injury (Each Accident) 250,000 each person S®0,000 per occurance Property Damage 100,000 each accident g. Workmen's Compensation and Employer's Liability: Up to Statutory Limit 11. In the event an operator desires to provide more than one service provided for in these standards the space requirements of his facilities shall be negotiable but will not be less than the largest space requirement of any singl activity. Specialized operators desiring to provide a combination of activities may be required to meet the requirements applicable to full service fixed base operators. -12- MINIMUM STANDARDS AND REQUIREMENTS FOR THE CONDUCT OF COMMERCIAL AERONAUTICAL SERVICES AND ACTIVITIES EXHIBIT "A" SECTION I GENERAL SECTION I GENERAL A. Introduction The City of Beaumont, Urban Transportation Department (hereinafter referred to as the City) , responsible for the administration of Beaumont Municipal Airport, Jef- ferson County, Texas (hereinafter referred to as the "Airport") , and in order to foster, encourage, and insure the economic growth and orderly development of avia- tion and related aeronautical activities at the Airport by insuring adequate aero- nautical services and facilities to the users of the Airport, has established cer- tain standards and requirements for Commerical Aviation Operators (hereinafter referred to as the "Operator") at the Airport, as herein provided: The following Sections set forth the Minimum Standards and Requirements for a person or persons, partnership, company, trust, or corporation (hereinafter re- ferred to as "Person") , based upon and engaging in one or more Commercial Aero- nautical services and activities operations at the Airport. These Mimimum Stan- dards and Requirements are not intended to be all-inclusive as the Operator of a commercial venture who is based on the Airport will be subject additionally to applicable federal, state, and local laws, codes and ordinances, and other similar regulatory measures, including the Airport Rules and Regulations pertaining to all such activities . A written agreement, properly executed by the City and the Operator, is a pre- requisite to tenancy on the Airport, and both the written agreement and tenancy are prerequisites to the commencement thereon of any of the Commercial Aeronautical services and activities operations herein contained and specified. The contract provisions, however, will be compatible with the Minimum Standards hereiii contained and will not change or modify the standards and requirements themselves. These Minimum Standards and Requirements may be included in whole, in part, or by refer- ence as part of all leases between the City and any Person desiring to be based on the Airport and engage in any commercial aeronautical services and activities. In- formation relative to rentals, fees, and charges applicable to the aeronautical services included herein will be made available to the prospective commercial ap- plication or during the contract negotiations. These Mimimum Standards and Requirements are not retroactive and do not bear on or affect any written agreement, properly executed prior to the date of adoption and approval of these same Minimum Standards and Requirements. These Minimum Standards may be revised-as conditions may require. Verify with' the City that you have a complete and current document. These Minimum Standards may be supplemented and amended by the City, from time to time, and in such manner and to such extent as is deemed proper, provided that prior to any amendment or supplement to these Minimum Standards, all Operators at the Airport will be given written notice of the proposed amendments and/or supplements and a hearing will be had, not less than ten (10) nor more than fifteen (15) days after the date of said written notice, at which time any Operator may appear, in person or by counsel, and state his objection, if any, to such proposed amendments and/or supplements; provided further that no such amendments or supplements shall affect any contractural relation- ship presently existing between the City and operators; provided finally that any lease, contract or agreement, entered into with applicant after the amended or sup- plemented Minimum Standards are adopted by the City, shall be terminated or can- celled in the event of failure to comply with any modification or amendments to these Minimum Standards, after notice thereof shall have been given. B. Statement of Policy A fair and reasonable opportunity, without unjust discrimination, shall be accorded to all applicants to qualify, and compete in a public bid process, for available airport facilities and the furnishing of selected aeronautical services, subject however to the Minimum Standards and Requirements as established by the City and set forth herein for Commercial Aeronautical Services and activities at the Airport. In all cases where the words "standards" or "requirements" appear, it shall be un- derstood that they are modified by the word "minimum". All Operators will be en- couraged to exceed the "minimums". No Operator will be allowed to operated or pro- vide services less than the "minimums". These "minimums" are established herein as a means of governing for the public the quality and level of services that are offered to the public in connection with the conduct of a particular aeronautical activity on the Airport. Another purpose of these standards is to insure, in the public interest, the safe conduct of all aeronautical activiiies conducted at this Airport. These standards shall also educate and inform prospective operators as to the busi- ness environment, planned activities for the future and contractual requirements of the City. Contingent upon its qualifications, its meeting the established Minimum Standards, the execution of a written agreement with the City, and the payment of the prescribed rentals, fees and charges, the Operator shall have the right and privilege of en- gaging in and conducting the activity or activities selected by it on the Airport as specified by written contract. The granting of such right and privilege, however, shall not be construed in any manner as affording the Operator any exclusive right of use of the premises and facilities and the Airport, other than those premises which may be leased exclusively to it, and then only to the extent provided in a written agreement. The City reserves and retains the right for the use of the Airport by others who may desire to use the same, pursuant to applicable federal, state, and local laws, ordinances, codes, minimum standards, and other regulatory measures pertaining to such use. The City further reserves the right to designate -2- 2." Primary Flight Instruction and Training. 3. Aircraft Airframe and Engine Repair, Maintenance and Overhaul. In addition, the FBO is encouraged to provide any or all of the services listed below which may be provided separately by a Specialized Aviation Operator, it will be necessary to meet the criterion and accept the requirements as set forth by the City for those activities specifically required of a Fixed Base Operator. Specialized Aviation Operator - A Specialized . Aviation Operator (SAO) shall provide one or more of the following activities or services or shall provide one of the following and any of the preceding activities and services not included in the following: 1 . Specialized Aircraft Repair Services (radios, painting, upholstery, propellers, instruments, accessories, etc.) . 2. Specialized Commercial Flying Services. 3. Flight Training. 4. Aircraft Sales and Rental (new and/or used) . S. Aircraft, Airframe, and Engine Maintenance and Repair. 6. Aircraft Rental. 7. Aircraft Charter and Air Taxi Service. The City recognizes the need for hangar, shop and office facilities for Specialized Operators. The City recognizes also that some Operators may not want -to offer the full line of services that a Fixed Base Operator must offer. Specialized Operators are encouraged to be tenants of Fixed Base Operators. If suitable facilities can- not be obtained in this manner, the Specialized Operator may construct his own facility in the area designated on the Airvort upon land leased from the City. The terms of the lease will be determined and bids, plans, and specifications shall be approved by the City. Standards and Requirements for scheduled and non-scheduled air carrier, air taxi services, and air carrier charter flights, as defined by the Civil Aeronautics Board and the Federal Aviation Administration, or any other activities not speci- fically provided for in the Minimum Standards, will be subject to negotiation and are not a part of these Minimum Standards. D. Prequalification Requirements The prospective Operator shall submit, in written form, to the City at the time of his application, the following information and, thereafter, such additional infor- mation as may be requested by the City. -4- the specific Airport areas in which the individual, or a combination of, aeronautical services may be conducted. Such designation shall give consideration to the nature and extent of the operation and the lands and improvements available for such pur- pose, consistent with the orderly and safe operation of the Airport. C. Definitions Aeronautical Activity, - 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. The following activities, commonly conducted on airports, are aeronautical activi- ties within this definition: charter operations, pilot training, aircraft rental and sightseeing, aerial 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, and any other activities which because of their direct relationship to the operation of aircraft can appropriately be regarded as an "Aeronautical Activity". The following are examples of what are not considered aeronautical activities: ground transportation (taxis, car rentals, limousines) , restaurants, barber shops, auto parking lots. minimum Standards - The qualifications which may be established by an airport owner as the minimum requirements to be met as a condition for the right to con- duct an aeronautical activity on the airport. Commercial Aviation Operator - A Commercial Aviation Operator is defined as a Person engaging in an activity which involves, makes possible, or is required for the operation of aircraft, or which contributes to, or is required for the safe conduct and utility of such aircraft operations, the purpose of such activity being to secure earnings, income, compensation, or profit, whether or not such objective or objectives are accomplished. A Commercial Aviation Operator may be classified as either a Fixed• Base Operator (FBO) or a Specialized Aviation Operator (SAO) . Fixed Base Operator - A Fixed Base Operator (FBO) is further defined as a person, firm, corporation or other recognized form of business organization which provides the minimum general aviation services required at Beaumont Municipal Airport. A Fixed Base Operator will. provide the following minimum activities or services: 1. Aircraft Line Services: a. Fueling, lubricating, and miscellaneous service. b. Ramp parking and tie-down. c. Crew and passenger lounge facilities. d. Public restrooms and telephone. e. Loading, unloading and towing. f. Office space. -3- 1. Intended Scope of Activities , As a prerequisite to the granting of an operating privilege on the Air- port, the prospective Operator must submit a detailed description of the scope of the intended operation, and the means and methods to be employed to accomplish the contemplated operating standards and requirements, in order to provide high-quality service to the aviation and general public in the Airport air service area, including, but not limited to, the following: a. The name, address and telephone number of the applicant. b. The requested or proposed date for commencement of the activity and the term of conducting the same. c. The services to be offered. d. The amount, size and location of land to be leased. e. The size and position of the building space to be constructed or leased. f. The number of aircraftsto be provided (as applicable) . g. The number of persons to be employed (including the names and quali- fications of each person) . h. The hours of proposed operation. i. The number of types of insurance coverage to be maintained. 2'. Financial Responsibility and'Capability The prospective operator must provide a statement, satisfactory to the City in evidence of his financial responsibility, from an area bank or trust company or from such other source that may be acceptable to the City and readily verified through normal banking channels. The prospective Operator must also demonstrate financial capability to initiate opera- tions and for the construction of improvements and appurtenances that may be required commensurate with the concept of the proposed operation, or operations, and shall also indicate his ability to provide working capital to carry on the contemplated operations, once initiated. 3. Experience The prospective Operator shall furnish the City with a statement of his past experience in the specified aviation services selected by him and to be supplied by him on the Airport, together with a statement that he has the ability to perform the selected-services. -5- 4. Bond The prospective Operator shall post a performance bond in the amount equal to 250 of the annual rental established and agreed upon, for conducting the services to be provided. Cash may be posted in lieu of performance bond. E. Lease and Operations Agreement 1. Requirement of a Written Agreement Prior to the commencement of operations, the prospective Operator will be required to enter into a written agreement with the City, which agree- ment will recite the terms and conditions under which he will operate his business on the Airport, including, but not limited to, the term of the agreement; fees and charges; the rights, privileges and obligations of the respective parties; and other relevant covenants. It should be understood, therefore, that neither the conditions therein- contained nor those set forth in these Minimum Standards and Requirements repre- sent a complete recitation of the provisions to be included in-'the written agreement. Such contract provisions, however, will neither change nor modify the Minimum Standards and Requirements, nor be in- consistent therewith. 2. Site Development Standards a. Physical Facilities (1) All areas leased from the Airport shall provide for auto parking and all buildings shall provide for an office and restroom facilities. (2) The Operator will be required to maintain his leased area. (3) For construction of any new facilities financed by the Operator not already on the Airport, the Operator will be subject to the standards of development as they are contained in the Airport Master Plan for the Airport. The City will approve the plans and specifications prior to construction, and the notice of proposed construction required by FAR 77 will be submitted to the appropriate FAA office. b. Personnel The Operator shall have in his employ, and on duty during operating hours, trained personnel in such numbers as are required to meet the Minimum Standards and Requirements set forth, in an efficient manner, for each aeronautical service being performed. The Operator shall also provide a responsible person in the office to supervise the operations in the leased area on the Airport and with authorization to represent and act for and on behalf of, the Operator during all business hours. -6- All personnel hereinafter required to hold Federal Aviation Administration certificates and ratings shall maintain such certificates and ratings. c. Maintenance Maintenance of pavement constructed by the City shall be the responsi- bility of the City. Each Operator shall maintain the pavement constructed by the Operator. The City shall maintain the structure and exterior of buildings owned and/or operated by the City; except the hangar doors and windows, which shall be the responsibility of the Operator. Building maintenance on individually owned facilities shall be borne by the Operator. The maintenance of the interior of buildings leased from the City utility costs, and each Operator's trash removal shall be his own responsibility. Utility line maintenance outside the Operator's delineated property boundary shall be the City's responsibility. Utility line maintenance inside the Operator's delineated property boundary shall be the responsibility of the Operator. 3. Indemnity and Insurance a. Indemnity. Lessee shall indemnify, defend, and hold harmless City, its officers, agents and employees from any and all liabilities, claims, de- mands, actions, losses, damages and costs, including all costs of defense thereof, caused by or arising out of, or in any way related to Lessee's use or occupancy of the leased premises or occurring on the leased premises during the term of the lease or any time of occupancy of the premises by inverse condemnation, and including claims, liabilities and actions based upon acts, omissions or negligence of the City, its officers, agents, and employees. Upon demand, Lessee shall, at its own expense, defend City, its officers, agents, and employees against any and all liabilities, claims, demands, actions, losses, damages and costs. b. Insurance Coverage shall be provided and paid for by the FBO in the following amounts with the City of Beaumont, and all other personnel as additional insured. A Certificate of Insurance or a copy of the insurance policies involved will be furnished to the City and 10 days' advance written notice of any change to any policy or cancellation of any policy shall be given to the City. 1. Aircraft Liability: Bodily Injury (Each Accident) 100,000 each person 300,000 for more than one person Passenger Liability 75,000 each passenger, each accident Property Damage 100 ,000 each accident -7- 2. Comprehensive Public Liability and Property Damage including Contractual Bodily injury (Each Accident) Liability: $300,000 Property Damage 1,00,000 each accident Broad form liability endorsement form G222 shall be included 3. Hangar Keeper's Liability: 250,,000 each accident 4. Products' and Completed Operations 300,000 Bodily Injury, 100-000 Property Damage S. Student and Renter's Liability: 25,000 per accident excluding passengers 6. Motor Vehicle Liability: Bodily Injury (Each Accident) 250,000 each person 500,000 per occurance Property Damage 100,000 each accident 7. Workmen's Compensation and Employer's Liability: Up to Statutory Limit 4. Motor Vehicles on the Airport The Operator will control the transportation of pilots and passengers of transient aircraft (using Operator's facilities and services and in the conduct of the Operator's business) to and from the Operator's office to the Operator's aircraft apron tie-down areas. If the OperatSr performs this service with motor vehicles driven on the Airport runway-taxiway system proper, he shall do so only in strict accordance with Airport Rules and Regulations, applicable federal, state and municipal laws, ordinances, codes, or other similar regulatory measures now in existence or as may be hereinafter modified or amended. The Operator shall procure and maintain for any motor vehicles which are operated on the Airport proper, Motor Vehicle Liability Insurance in the minimum limits specified by Texas law. -8- 5. General Lease Clauses Operators shall be required to contribute to the operation of the Airport. No operator may perform or provide any aeronautical activity or service upon this Airport without a fully executed lease agreement. All lease agreements hereafter executed shall contain the following- assur- ances verbatim: a. Non-Discrimination The (grantee, licensee, lessee, permittee, etc. , as appropriate) for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") to operate the premises leased for the benefit of the public, and: 1. No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be other- wise subjected to discrimination in the use of said facili'ties; 2. That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; 3. That the (grantee, licensee, lessee, permittee, etc.) shall use the premises in compliance mith all other requirements imposed by or pur- suant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended; 4. That said service will be furnished on a fair, equal, and not unjustly discriminatory prices for each unit or service will be charged; provided, that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. b. Lessee, its tenants, and sublessees shall have the right to and shall conduct a first-class commercial aviation service adequate at all times to meet the demands for such service on the Airport. Lessee, its tenants, and sublessees agree to conduct said business in a proper and courteous manner and to furnish good, prompt, and efficient commercial aeronautical services at all times . c. Aircraft Service by Owner or Operator of Aircraft It is clearly understood and agreed by the Lessee that no right or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own regular employees (including, -9- but not limited to, maintenance and repair) that it may choose to perform. d. Non-Exclusive Rights It is understood and agreed that nothing herein contained shall be con- strued to grant or authorize the granting of an exclusive right. e. Subordination This lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States, relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditures of federal funds for the development of the Airport. This subordination includes, but is not limited to, the right of the City, during times of war or national emergency, to lease the landing area, or any part thereof, to the United States Government for military or naval use, and if any such lease is executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of the lease to the Government shall be suspended. f. Airport Obstructions Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstructions, to- gether with the right to prevent Lessee from erecting or permitting to be erected, any building or other structure on or adjacent to the air- port which, in the opinion of the Lessor, would limit the usefulness of the Airport or constitute a hazard to aircraft. g. City's Rights 1. Lessor reserves the right, but shall not be obligated to Lessee, to maintain and 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 Lessee in this regard. 2. In the event of breach of any of the above nondiscrimination co- venants, the City of Beaumont, shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. 3. The City reserves the right to further develop or improve the landing area of the Airport as it sees fit, and without unreasonable inter- ference or hindrance. If the physical development of.the Airport requires the relocation of Operator-owned facilities, the City agrees to provide a comparable location without any unreasonable inter- ruption to the Operator's activities, and agrees to relocate all Operator_owned buildings or provide similar facilities for the Operator at no cost to the Operator. -10- h. Compliance with Laws, etc. The Operator shall at all times comply with the Airport Rules and Regulations, federal, state, and municipal laws, ordinances, codes, and other regulatory measures now in existence or, as may be hereafter modified or amended, applicable to the specific type of operation contemplated by him. The Operator shall procure and maintain during the term of the agreement all licenses, permits, and other similar authorizations required for the conduct of his business operations. i. Right of Entry The City may enter upon the premises leased to the Operator at any time, and for any purpose necessary, incidental to, or connected with, the performance of the Operator's obligations under the agreement or in the exercise of their function as City. j . No-Sham Affidavit All terms and conditions with respect to this lease are expressly con- tained herein, and the Operator agrees that no representative or agent of the City has made any representation or promise with respect to this lease not expressly contained herein. k. Termination Upon the expiration or other termination of any agreement, the Operator's rights to the premises, facilities, other rights, licensed services and privileges granted in the agreement shall cease, and the Operator shall, upon such expiration or termination, immediately and peacefully surrender such. 1. Assignment All covenants, stipulations and provisions in the agreement to be entered into shall extend to and bind the legal representative, successors and assigns. 6. Subleases No Operator shall be afforded the right to sublease or assign an agreement or any portion thereof, between himself and the City except upon the express written permission of the City. Regarding this permission, the overriding concern of the City shall be that the aeronautical service activities per- formed by the Operator, seeking the permission to assign his°agreement, will not conceivably be interrupted, abrogated, compromised or diminished in order that good quality services be maintained in the public interest. -11- FIXED BASE OPERATOR EXHIBIT "A" FIXED BASE OPERATOR- A. Fixed Base Operator (FBO) shall provide the following minimum activities or ser- vices: 1. Aircraft Line Services: a. Fueling, lubricating, and miscellaneous service. b. Public lounge facilities. c. Public restrooms and telephone. d. Loading, unloading and towing. e. Office space. 2. Primary Flight Instruction and Training. 3. Aircraft Airframe and Engine Repair, Maintenance and Overhaul. B. Fixed Base Operator (FBO) may provide the following activities & services: 1. New and used aircraft sales and rental. 2. Aircraft charter. 3. T-hangar storage. 4. Ramp parking and tie-down C. Fixed Base Operator (FBO) shall meet the following Minimum Standards and Re- quirements: 1. Aircraft Line Services activities shall provide: a. Fueling and lubricating oil sales and service (1) The Operator shall demonstrate, to the satisfaction of the City, , that satisfactory arrangements or agreements have been made, with a reputable aviation - gasoline and lubricant distributor who will provide the Operator with an enforceable agreement, to purchase fuel and oil in such quantities as are necessary..to .meet the re- ' quiremdnts set' forth'herein. Aviation fuels and oils delivered to the Operator under the purview of the minimum rental rates established as a part hereof. Fueling and lubricating sale, and into-plane delivery of aviation fuels, lubricants and other related petroleum products shall be available to the public a minimum of 12 hours, 7:00 a.m. to 7:00 p.m... , -1- ' 7 days a week. FBO shall maintain an adequate inventory .of at. least one (1) brand and two '(2) generally accepted grades of avia- tion fubl, engine oil and lubricants. FBO shall provide mobile fuel dispensing equipment, with reliable metering devices sub- ject to an independent inspection of the Department of Weights and Measures, capable of servicing, in an efficient and safe manner, all types of general aviation aircraft. FBO shall have two metered filter-equipped dispensers, fixed or mobile, for ispensing two grades o gasoline from storage tanks having a II ile dispensing trucks minimum. cafizic:I l�y 0 shall have a total of 300 gallons capacity for each grade of fuel. Separate dispensing pumps for each grade of fuel are re- quired. In conducting refueling operations, FBO shall install and use adequate electrical grounding facilities at fueling locations to eliminate the hazards of static electricity and shall pro- vide approved types of fire extinguishers or other equipment com- mensurate with the hazard involved with fueling, defueling, and servicing aircraft. All FBO fueling services and systems shall be subject to inspection for fire and other hazards by the Airport Superintendent and the appropriate state and local fire--agency. FBO shall meet all applicable fire codes; federal, state, and local laws, statutQs, ordinances, rules, and regulations pertaining to fire safety. All fuel stationary storage tanks will be installed underground. Only non-contaminated fuel shall be pumped into the aircraft serviced. Fuel delivered shall be bright, clean, pure and free of micro- scopic organisms, water or other contaminants. Quality control of the fuel is the responsibility of the FBO. The Operator shall maintain current fuel reports on file and avialable for auditing at any time by the City of the Federal Aviation Administration. Fueling service by the FBO shall be in full compliance with good safety practices, including proper fire protection and electrical grounding of aircraft during fueling operations. (2) FBO servicing of aircraft,' such as cleaning of the interior and exterior of aircraft: FBO shall provide proper equipment for repairing and inflating air- craft tires, servicing oleo struts, changing engine oil, washing aircraft and aircraft windows, and recharging or energizing dis- charged aircraft batteries and starters. (3) FBO shall provide for the adequate and sanitary handling and' dis- posal, away from the Airport, of his trash, waste and other materials, including but not limited to used oil, solvents, and other waste. The piling or storage of crates, boxes, barrels, and other containers will not be permitted within the leased premises. -2- 3. Aircraft Airframe and Engine Repair; Maintenance and Overhaul ' An aircraft engine and accessory maintenance and repair operator is a person, firm or corporation engaged in a business capable of providing one or a com- bination of Federal Aviation Administration approved airframe, power plant and accessory overhaul and repair services on general aviation aircraft. Activities which shall be provided include: a. Sufficient hangar space to house any aircraft `upon which airframe or engine repairs are being performed. b. Suitable inside and outside storage space for aircraft before and after repair and maintenance have been accomplished. c. Adequate shop space to house the equipment and adequate equipment and machine tools, jacks, lifts, and testing equipement to perform overhauls as required for FAA certification and repair of parts not needing re- placement on general aviation aircraft. d. The minimum stock of readily expendable spare parts, or adequate arrange- ments for securing spare parts required for the type of aircraft and models sold. e. At least one FAA certificated airframe and power plant mechanic available during eight hours of the day, five days per week. 4. New and Used Aircraft Sales and Rental activity is not required as a 'Fixed Base Operator minimum service; however, if provided, the Fixed Base Operator shall provide: a. Suitable office space for consumating sales and rentals and the keeping of the proper records in connection therewith. b. Hangar storage space for at least one aircraft to be used for sales or rentals. c. For rental, at least one airworthy aircraft properly maintained and certificated. d. 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. e. Adequate facilities for servicing and repairing the aircraft. f. A certificated pilot capable of demonstrating new aircraft for sale or for checking out other pilots in rental aircraft. He shall be available for eight hours during the working day. . -3- g. Current up-to-date specifications and price lists for types and models of new aircraft sold. ` h. Proper checklists and operating manuals on all aircraft rented and aircraft sold. 5. Aircraft Charter activity, although not required of the Fixed Base Operator, if provide shall consist of providing: a. Adequate table, desk or counter for checking in passengers, handling fare collection, and handling of luggage as well as crew and pas- senger lounge facilities. b. Suitable, properly certificated aircraft with properly certificated and qualified operating crew. c. The FBO shall comply with all Federal, State and Local laws, ordinances and regulations which relate to the provision of this activity. 6. T-Hangar Storage is not required, however, if provided; a. The FBO will comply with all relevant city codes and procedures governing construction. b. Hangar .floors will be of asphalt or concrete, with City approval of material type and quantity. c. An ammended agreement between the City and the FBO will be required prior to the commencement of construction should the FBO desire to construct hangar facilities. 7. Ramp Parking and Tie-Down is presently available, however, if the FBO desires to construct additional space, City approval of construction type and location must be obtained. D. Lease Terms and Conditions shall be as follows: 1. It is the intention of the City to write a lease requiring the Fixed Base Operator to provide the preceding services. It is also the intention of the City that all leases be "net" leases. That is, that total costs for amortizing the investment and maintenance costs be borne by the FBO. For the purpose of maintaining and operating the Airport and providing the public facilities theron, certain charges are made. The following lease terms and conditions outline this policy -4- a. If the City constructs and ,fiaances the improvement, amortizatipn B is based on the existing rate of financing cost plus to for 20 years. b. Land and existing facilities rent shall be re-evaluated and changed every five years. The current undeveloped land rent is 3.0¢ per square foot per year. c. The rates or charges for aircraft parking, tie-down and storage made by operators shall be determined by the FBO, subject to the prior written approval of the City first obtained and subject, futher, to the requirement that all such rates or charges shall be reasonable and be equally and fairly applied to all users of the ser- vices. All rates and charges shall be filed with the City. d. The City currently charges 3.0¢ per gallon of fuel delivered into aircraft. These charges shall be re-evaluated and changed every five years. e. All payment, made by the FBO to the City shall be paid on or before the tenth of the month following the month in which the costs are incurred. f. The Operator shall at its own expense, pay all taxes and assessments against any building or any other structures placed on the premises and owned by them. g. All utilities are to be paid directly by the Operator. h. All building maintenance on City owned and operated facilities shall be borne by the City. Maintenance of the entire leased area including interior maintenance of City owned facilities leased by the FBO shall be that of the FBO. Interior maintenance shall include windows and hangar doors. i. Maintenance on individually owned facilities and pavements shall be borne by the owner or lessee throught the lease period. j . All sublease agreements must receive prior written approval of the City. k. FBO shall be required to carry public liability insurance for his sub- lessee or provide a certificate of insurance which shows the lessee and the City as named insured, in amounts communsurate with sublessee's individual activities and services. 1. No oils, greases, detergents, or other insoluble substance shall be placed in the sewage or drainage systems or on the ground. All local, state, and federal laws, regulations, and ordinances gover- ning the disposal of waste materials shall be complied with by the FBO. m. These Minimum Standards shall be an integral part of the lease agreement and may be included by reference. n. FBO's, in their operation and use of the Airport, will not, on the grounds of race, color, sex or national origin, discriminate, or permit discrimination against any person or group of persons in any manner prohibited by the Federal Aviation Regulations (FAR Part 15) . o. Since many of the facilities required by these standards are in ex- istance at the Airport and could be leased by the FBO, the term of the lease negotiated will depend on the investment made by the FBO. For example, if the FBO leases all the facilities required from the City the lease term shall not be longer than five years . If, however, the FBO constructs the needed facilities the lease term will be accordingly longer to allow for amortization of the FBO's invest- ment. The lease term shall in no case exceed twenty years. 2. Insurance Coverage shall be provided and paid. for by the FBO in the following amounts with the City of Beaumont, and all other personnel as additional insured. A Certificate of Insurance or a copy of the insurance policies involved will be furnished to the City and 10 days' advance written notice of any change to any policy or cancellation of any policy shall be given to the City. a. Aircraft Liability: Bodily Injury (Each Accident) 100,000 each person 300,000 for more than one person Passenger Liability 75,000 each passenger, each accident Property Damage 100,,000 each accident b. Comprehensive Public Liability and Property Damage Including Contractual Liability: Bodily Injury (Each Accident) 300,000 Property Damage 100,000 each accident Broad form liability endorsement form G222 shall be included. -6- F � W c. Hangar Keeper's Liability: 250,000 each accident d. Products' and Completed Operations 300, 000 each accident, 100,000 Property Damage e. Student and Renter's Liability: 25,000 per accident excluding passengers f. Motor Vehicle Liability: Bodily Injury (Each Accident) 250,000 each person 500,000 per occurance Property Damage 100,000 each accident g. Workmen's Compensation and Employer's Liability: Up to Statutory Limit -7-