§ 1-13. Minimum standards for fixed base operators and airport tenants.
(a)
Purpose. The following minimum standards and requirements for commercial aeronautical activities have been established in the public interest for the safe and efficient operation of the Terrell Municipal Airport; to enhance its orderly growth; to preclude the granting of an exclusive right to conduct an aeronautical activity in violation of Section 308(a) of the Federal Aviation Act of 1958; to conform to Title VI of the Civil Rights Act of 1964 and Part 21 of the Department of Transportation Regulations; and to assure to all lessees the availability of airport property on fair and reasonable terms and without unjust discrimination. These standards shall apply to all parties defined herein or as amended from time to time by the City of Terrell.
(b)
Definitions.
(1)
Airport tenant. Any person, firm or corporation providing leasing or subleasing property at the Terrell Municipal Airport who is not a fixed base operator. An airport tenant may hangar his aircraft on his leased property subject to the provisions of category "H" hereof.
(2)
Fixed base operator. Any person, firm or corporation performing any of the functions or furnishing any of the services as hereinafter set out for fixed base operators at the Terrell Municipal Airport.
(3)
Owners. The owners of the Terrell Municipal Airport shall hereinafter be referred to as the City of Terrell.
(c)
No person to engage in commercial activity as fixed base operator unless in compliance with these rules. No person, firm or corporation shall engage in any commercial activity as a fixed base operator as herein defined unless the same is done in full compliance with the standards, rules and regulations herein set forth.
(d)
General liability insurance required. All fixed base operators and airport tenants shall protect the public generally, the customers or clients of such fixed base operators, and the City of Terrell from any and all lawful damages, claims or liability and shall carry comprehensive general liability insurance in a company authorized to do business in the State of Texas with limits of not less than $300,000.00 per person, $500,000.00 for each occurrence for personal injury, and $200,000.00 property damage with the City of Terrell named as an additional insured, which policies must be approved by the city manager and the airport representative and a certificate of insurance thereof furnished to the City of Terrell. It is further understood that as circumstances in the future dictate, the City of Terrell may require an increase in bodily injury and property damage insurance.
(e)
Qualifications of fixed base operator.
(1)
A fixed base operator shall satisfy the lessor that it is technically and financially able to perform the services of a fixed base operator. This shall include the responsibility for demonstrating continued financial solvency and business ability by the submitting of an annual balance sheet, credit references and any other proof that the lessor may require from time to time. In cases of doubt by the lessor to such ability of a fixed base operator, the lessor may conduct a hearing to determine appropriate action. In each instance, the lessor shall be the final judge as to the qualifications and financial ability of the lessee.
(2)
All operators at the airport shall be full-time, financially sound and progressive business enterprises, with adequately manned and equipped facilities, including ample office facilities, and who observe normal or specifically required business hours.
(f)
Fixed base operator categories.
(1)
Category A. Flight instruction and aircraft rental. A fixed base operator in this category shall:
a.
Have available on a full-time employment basis a minimum of one flight instructor with appropriate and current FAA flight instruction certificates;
b.
Provide and at all time maintain a minimum of two aircraft owned or leased by and under the exclusive control of this fixed base operators which are properly equipped and FAA certified for flight instruction and rental;
c.
Lease from the City of Terrell sufficient land on which to locate all required improvements, and provide a minimum of 1,000 square feet of classroom and/or office space, to include restrooms. Parking space for customers shall be consistent with City of Terrell development standards;
d.
Demonstrate the continuing ability to meet requirements for certification of flight instructor personnel and aircraft by the FAA; and
e.
Assure that personnel operating rental equipment obtained from the subject fixed base operator have appropriate and current FAA pilot and approved medical certificates.
(2)
Category B. Aircraft charter and taxi. A fixed base operator in this category shall:
a.
Have available on a full-time employment basis a minimum of one FAA certified pilot with current commercial and instrument ratings and approved medical certificate;
b.
Lease from the City of Terrell or provide under terms agreeable to the city for his exclusive use a minimum of 1,000 square feet in a building for passenger shelter, restrooms, telephone, etc.;
c.
Provide satisfactory arrangements for the checking in of passengers, handling of luggage, ticketing and ground transportation, etc.;
d.
Provide and at all times maintain at least one currently certified and continuously air-worthy aircraft owned or leased by and under the exclusive control of this fixed base operator, properly certified for air charter or air taxi service; and
e.
Lease from the City of Terrell sufficient land on which to locate all required improvements.
(3)
Category C. Crop dusting and spraying. A fixed base operator in this category shall:
a.
Furnish suitable arrangements for the safe loading, unloading, storage and containment of noxious chemical materials;
b.
Furnish a minimum of one aircraft with pilot. The aircraft will be suitably equipped for agricultural operations with adequate safeguard against spillage of chemical spray mixtures or materials on runways and taxiways or dispersal by wind force to other operational areas of the airport. The pilot will have appropriate and current FAA pilot and approved medical certificates; and
c.
Lease from the City of Terrell sufficient land on which to locate all required improvements and lease from the City of Terrell or provide under terms agreeable to the city for his exclusive use a minimum of 1,000 square feet of shop or storage space.
(4)
Category D. Aircraft sales. Fixed based operators in this category shall:
a.
Have available during normal working hours of 8:00 a.m. to 5:00 p.m. FAA certified and currently airworthy aircraft for sale;
b.
Have a minimum of one fully qualified demonstrator pilot employed with current and appropriate FAA pilot and approved medical certificates;
c.
Lease from the City of Terrell sufficient land on which to locate all required improvements; and
d.
Lease from the City of Terrell or provide under terms agreeable to the city for his exclusive use a minimum of 1,000 square feet of office space to include restrooms.
(5)
Category E. Aircraft, engine, propeller and accessory maintenance. Fixed base operators in this category shall:
a.
Lease from the City of Terrell or provide under terms agreeable to the city for his exclusive use a minimum of 5,000 square feet of hangar, shop and storage space;
b.
Furnish facilities and equipment for airframe and power plant repairs with at least one duly FAA certified A&P Mechanic and such other personnel as may be necessary. Such airframe and power plant repair shall include facilities for both major and minor repair of aircraft and engines used in general aviation in this area;
c.
If so specified in the lease, and as City of Terrell's agent, demonstrate the ability to and assume responsibility for promptly removing from the public landing area as soon as permitted by cognizant FAA and civil aeronautics board authorities any disabled aircraft;
d.
Lease from the City of Terrell sufficient land on which to locate all required improvements; and
e.
A fixed base operator in this category may engage in the buying and selling of new and used aircraft, aircraft parts and equipment; however, for aircraft sales, fixed base operator must comply with the requirements of subsection (4)a, b, and d, Aircraft sales.
(6)
Category F. Radio and instrument. Fixed base operators in this category shall:
a.
Lease from the City of Terrell sufficient land on which to locate all required improvements; lease from the City of Terrell or provide under terms agreeable to the city for his exclusive use a minimum of 1,000 square feet of shop and storage space;
b.
Have available on a full-time basis FAA certified technicians in the field of aircraft electronics and/or aircraft instruments with proper federal communications commission (FCC) license to conduct complete aircraft transmitter, receiver and antennae repair; and
c.
Provide satisfactory arrangements for access to and storage of aircraft being worked on.
(7)
Category G. Sale of aviation petroleum products and ramp service. A fixed base operator in this category shall:
a.
Lease from the City of Terrell sufficient land on which to locate intended storage and dispensing equipment, buildings, aircraft parking area, tiedowns, auto parking, taxiways, apron or other facilities;
b.
Construct, lease or otherwise have available at least one building with a minimum of 1,000 square feet, conveniently located, to accommodate anticipated customer use, and incorporating properly lighted and heated/air conditioned floorspace for office(s), public lounge, restrooms and public telephone;
c.
Have personnel on full-time duty during normal business hours of dawn to dusk, seven days a week, adequately trained to operate fuel dispensing equipment in accordance with all applicable local, state and federal laws. On-call service shall be required during all hours of darkness;
d.
Provide, in addition to fueling services, aircraft parking and tiedown facilities, including approved tiedowns and chocks, for a minimum of six aircraft. Demonstrate capability to efficiently and safely conduct or move aircraft to such areas and park them. (Additional services, such as aircraft washing, tire inflation, changing engine oil or providing other minor repairs, car rental and operation of Unicom, may be required);
e.
Comply with the following criteria regarding fuel storage and dispensing facilities:
(i)
Provide and maintain a minimum of 5,000 gallons tank storage capacity below ground for each grade of aviation fuel usually required for aircraft using the airport;
(ii)
Maintain separate pumping equipment for each grade of fuel, meeting all applicable safety requirements with reliable metering devices subject to independent inspection, and with a pumping efficiency capable of servicing all aircraft normally using the airport;
(iii)
Provide and maintain metered filter-equipped dispensers, fixed or mobile, for dispensing each grade of aviation fuel usually required. Mobile dispensing truck(s) shall have a 400-gallon capacity for each grade of fuel;
(iv)
Prohibit any fuel transfer from a common carrier transport into anything except underground storage tanks;
(v)
Provide adequate grounding rods at all fuel locations to reduce the hazards of static; and
(vi)
Provide adequate fire extinguishers in all fuel dispensing areas and on all mobile dispensing trucks.
f.
Have the following minimum amounts of liability insurance in force:
Bodily injury $1,000,000 combined single limit $1,000,000 each accident Property damage $ 250,000 each accident g.
A fixed base operator in this category may engage in the buying and selling of new and used aircraft, aircraft parts and equipment; however, for aircraft sales, fixed base operator must comply with the requirements of subsection (4)a and b, aircraft sales.
(8)
Category H. Airport tenant. An airport tenant in this category shall:
a.
Lease from the City of Terrell, sublease from a fixed base operator or provide under the terms agreeable to the city sufficient land for his exclusive use which shall be improved in accordance with applicable zoning pertaining to the airport;
b.
Be prohibited from engaging in any of the activities of fixed base operators defined by Category A through G, unless specifically approved by the City of Terrell in the lease and sublease agreement between the city and the tenant; and
c.
Be responsible that aircraft owned by him or operated from the property leased or occupied by him are operated by personnel who hold appropriate and current FAA pilot and approved medical certificates.
(9)
Category I. Nonprofit flying clubs. The following requirements pertain to all nonprofit flying clubs desiring to base their aircraft on the airport and be exempt from the minimum standards:
a.
Each club must be a nonprofit corporation or partnership having a membership of not less than three members. Each member must be a bonafide equal owner of the aircraft or an equal stockholder in the corporation. The club may not derive greater revenue from the use of its aircraft than the amount necessary for the actual use of operation, maintenance and replacement of its aircraft. The club shall file and keep current with the City of Terrell a complete list of the club's membership and investment share held by each member. In addition, the club shall maintain a set of books showing all club income and expenses. Said books shall be available for inspection by the airport manager to determine compliance with this provision;
b.
The club's aircraft facilities and services will not be used by other than bonafide members and by no one for commercial operations as defined by Category A through G. Student checkout operations and/or instructions can be given in a club aircraft to club members by either a fixed base operator on the airport who provides flight training or by an instructor who is a bonafide club member, but who shall not receive remuneration in any manner for such service;
c.
In the event that the club fails to comply with these conditions, the airport manager will notify the club in writing of such violations. If the club fails to correct the violations in 15 days, the airport manager may take any action deemed advisable by the City of Terrell; and
d.
Each aircraft owned by the flying club must have aircraft liability insurance coverage for the following amounts:
Bodily injury $1,000,000 each person $1,000,000 each accident Property damage $1,000,000 each accident (10)
Category J. Other categories.
a.
Other categories not otherwise defined may be added by the city in accordance with the standards previously established and such additional standards that may be applicable;
b.
Business activities that are transient and casual to airport operations shall not be permitted under Category H;
c.
In the calculation of any square footage requirements, the following shall apply:
(i)
Any one service or a combination of services excluding Category C (crop dusting) and Category E (mechanic work) - Minimum of 1,000 square feet;
(ii)
Any combination of services including Category E (mechanic work), but excluding Category C (crop dusting) - Minimum of 6,000 square feet;
(iii)
Combination of all services (Categories A—G) - Minimum of 7,000 square feet; and
(iv)
Any combination of services excluding Category E (mechanic work), but including Category C (crop dusting) - Minimum of 2,000 square feet.
(g)
Leases and subletting.
(1)
Any person, firm or corporation capable of meeting the minimum standards set forth herein for any of the stated fixed base operator categories is eligible to become a fixed base operator at the airport, subject to the execution of a written lease for not less than five years containing such terms and conditions as may be determined by the City of Terrell. All leases to fixed base operators and airport tenants entered on or after the effective date of this section shall be limited to a maximum of 25 years. In addition, leases shall, at the discretion of the City of Terrell, be subject to review and reevaluation at the end of each five-year period thereof, in relation to the Consumer Price Index. In this regard, when at the end of each of said five-year periods, the cost of living index is determined by the City of Terrell to be five or more percent higher than at the date the lease became effective, the rental terms thereof may be increased to such percentage of increase or of said cost of living index. If at the end of such five-year period the said cost of living index has changed less than five percent, the City of Terrell shall take no action to review or reevaluate the lease.
(2)
Lessees will, at all times during the continuance of the term of the lease and any renewal or extension thereof, conduct, operate and maintain for the benefit of the public, the fixed base operation provided for and described therein, and all aspects and parts and services thereof as defined and set forth, and will make all such services available to the public and that it will devote its best efforts for the accomplishment of such purposes and that it will at all times make charges to patrons and customers for all merchandise or materials and services furnished or rendered, but that it will refrain from imposing or levying excessive or otherwise unreasonable charges or fees for any facilities or services. Notwithstanding anything contained in a lease that may be or appear to the contrary it is expressly understood and agreed that the rights granted thereunder are nonexclusive and the lessor reserves the right to grant similar privileges to another operator or operators upon formal application by that operator, and upon demonstration of compliance with subsection (e)(1) and (g) herein.
(3)
No fixed base operators shall sublease or sublet any premises leased by such operator from the City of Terrell, or assign any such lease, without the prior written approval of the City of Terrell, and any such subletting or assignment shall be subject to all of the minimum standards herein set forth. In the event the lessee sublets any portion of his lease, the sublessee must agree to assume the full obligations of the lease as set out herein and must agree to fully cooperate with the City of Terrell in seeing that these standards are complied with. The sublessee shall immediately comply with any reasonable request or direction of the City of Terrell as it relates to the enforcement of these standards.
(4)
In the event that the lessee or sublessee fails to comply fully with these standards or fails to comply with the reasonable request or direction of the City of Terrell as it relates to these standards, said lessee or sublessee shall be in default. If said default continues for more than 30 days after written notice of said default, the City of Terrell may terminate the lease. Said lessee is responsible for the performance of the sublessee with respect to lessee and sublessee obligations to the City of Terrell.
(h)
Contracts and leases subordinate to future agreements with federal government and during times of war.
(1)
All contracts and leases between such operators and the City of Terrell shall be subordinate to the provisions of any existing or future agreement between the City of Terrell 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 expenditure of federal funds for the development of the airport properties. This provision is not intended to prevent damages for improvements subject to the laws of eminent domain.
(2)
All contracts and leases between such operators and the City of Terrell shall be subordinate to the right of the City of Terrell during time or 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 so made, the provisions of the lease to the government, shall be suspended.
(i)
City to approve expansion or discontinuance of operations. Any fixed base operator desiring to extend his operation by expansion or sublease into more than one category or to discontinue operations in a category, shall first apply in writing to the City of Terrell for permission to do so, setting forth in detail the reasons and conditions for the request. The City of Terrell shall then grant or deny the request on such terms and conditions as the city deems to be prudent and proper under the circumstances.
(j)
Fixed base operators to provide buildings and facilities, personnel and equipment.
(1)
Each fixed base operator shall provide his own buildings, personnel and equipment, and other requirements as herein stated upon land leased from the City of Terrell.
(2)
All fixed base operators at said airport shall provide ample lounges and restrooms for their customers and shall make telephone service conveniently and readily available for public use.
(k)
Construction requirements; obstructions.
(1)
All construction required of such operators shall be in accordance with design and construction standards required or established by the City of Terrell for the facility or activity involved. Title to any and all buildings and appurtenances, which may be built on city property, shall revert to the City of Terrell when and if the subject lessee vacates the lease for any reason. All operators shall be required to furnish the City of Terrell payment and performance bonds commensurate with any construction required under the standards herein fixed or under any contract or lease by and between such operator and the City of Terrell.
(2)
The City of Terrell reserves the right to take any actions it considers necessary to protect the aerial approaches to the airport against obstructions, together with the right to prevent any fixed base operator from erecting or permitting to be erected, any building, sign or other structure on the airport which, in the opinion of the City of Terrell, would limit the usefulness of the airport or constitute a hazard to aircraft.
(l)
All rates and charges by operators must be reasonable and subject to review. The rates or charges for any and all activities and services of such operators shall be determined by the operators, subject to the review of the City of Terrell, 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.
(m)
All operators to pay for taxes, assessments and utilities.
(1)
All fixed base operators shall, at their own expense, pay all taxes and assessments against any buildings or other structures placed on the premises by them, as well as all taxes and assessments against the personal property used by them in their operations.
(2)
All operators shall provide and pay for all telephone, gas, electrical service, water, sewer charges and garbage collection charges used or incurred anywhere in or about the leased premises, and shall pay the charges made therefor by the suppliers thereof when due.
(n)
Leases on city owned facilities must guarantee reasonable return on investment. In the event the City of Terrell constructs or owns the physical plant facilities (hangars, etc.) for use by any operator under the provisions of any lease or other contract, such lease or contract with such operators shall be on such terms and conditions as to guarantee a reasonable return of the investment.
(o)
Fixed base operators have right to use common areas of airport. Fixed base operators shall have the right to use common areas of the airport, including runways, taxiways, aprons, roadways, floodlights, landing lights, signals and other conveniences for the take off, flying and landing of aircraft or lessee.
(p)
Property to be maintained and kept sanitary. The lessee shall remove from the airport or otherwise dispose of, in a manner approved by the airport supervisor, all garbage, debris and other waste material (whether solid or liquid) arising out of its occupancy of the premises or out of its operations. Said lessee shall keep and maintain his leased premises in a neat and orderly manner; lessee shall keep the grass cut and the buildings painted. Any garbage debris waste which may be temporarily stored in the open shall be kept in suitable garbage or waste receptacles, the same to be made of metal and equipped with tight-fitting covers and to be of a design safely and properly to contain whatever may be placed therein. The lessee shall use extreme care when effecting removal of all such waste.
(q)
City reserves right to develop or improve airport. The City of Terrell reserves the right to further develop or improve all areas of the airport as it sees fit, regardless of the desires or views of any fixed base operators, and without interference or hindrance from any such fixed base operators.
(r)
City reserves right to enter and inspect any leased premises. The City of Terrell reserves the right to enter upon any premises leased to fixed base operators at reasonable times for the purpose of making such inspections as it may deem expedient, to the proper enforcement of these minimum standards and for the proper enforcement of any covenant or condition of any fixed base operator's contract or lease agreement.
(s)
Maintenance and service restrictions. The City of Terrell recognizes the rights of any person, firm or corporation operating aircraft on the airport to perform services on its own aircraft or with its own employees (including, but not limited to maintenance and repair) that it may choose to perform. However, said persons, firms or corporations may not hire any vendors of services, aircraft parts or fuel from off-airport premises to perform service on the airport, except on a temporary basis for experimental, antique, warbirds or other unusual aircraft, as determined by the City of Terrell. Aircraft fueling accomplished under this provision shall be in strict accordance with any safety regulations, laws and/or ordinances of the State of Texas, City of Terrell or the federal government that may be applicable.
(t)
Compliance with federal, state and local regulations and laws required. All operators shall abide by and comply with all state, county and city laws and ordinances, the rules and regulations of the City of Terrell, and the rules and regulations of the state and federal aviation administration.
(Ord. No. 1425, 12-17-85)