[HISTORY: Adopted by the City Council of the City of Lebanon 2-3-1993 by Ord. No. 65. Amendments noted where applicable.]
The City Council of the City of Lebanon hereby ordains the following for the purpose of establishing the Department of the Airport for the purpose of operating the Lebanon Municipal Airport (hereinafter referred to as "Airport") pursuant to RSA Chapter 423.
There is hereby established the Aeronautical Fund (hereinafter referred to as the "fund") consisting of various accounts as separate accounts for the deposit of all revenues and the expenditure of all funds relating to the operation of the airport. Such moneys shall not be intermingled with other funds of the city. The fund shall not lapse and the unexpended balance of said fund shall be carried forward to subsequent years. The moneys in the fund shall be used solely for aeronautical purposes as required by RSA Chapter 423 and the laws and regulations of the Federal Aviation Administration.
All moneys received from the State of New Hampshire and the Federal Aviation Administration (hereinafter referred to as "FAA") for the Airport shall be deposited into and expended from the fund.
Editor's Note: Former § 8-3, Airport self-supporting on revenue generated from commercial activities, was repealed 12-3-2008.
Rules and regulations for the operation of the Airport shall be adopted by the City Council in the same manner as for the adoption or amendment of an ordinance. When the FAA or the New Hampshire Aeronautical Division imposes rules and regulations for the operation of the Airport, the Airport Manager shall have the authority to put such rules and regulations into effect and enforce the same in a timely manner without City Council action.
Editor's Note: The rules and regulations are on file in the offices of the City Clerk and the Airport Manager.
No business shall be conducted or obtained at the airport except by written agreement, upon such terms and conditions acceptable to the city and approved by the City Council. Any business or commercial activities deriving economic benefits from the operation of the Airport shall compensate the city in a manner acceptable to the city, including but not limited to airlines, car rental agencies, both on and off the Airport, restaurants, fixed-based operators, etc.
Car rental agencies. On-site locations for car rental agencies shall be allocated on open bidding based on guaranteed minimums for the payment of the Airport rental fee in a percentage of the total customer car rental charges upon such terms and conditions acceptable to the city. In addition, the car rental agencies shall pay such rental charges and parking charges as the city deems necessary.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- OFF-AIRPORT BUSINESS(ES)
- Any commercial operation or establishment, operated for profit, that does not rent facilities on Airport property and is engaged in the following lines of business that obtain customers at the Airport who either arrive or depart the Airport on aircraft: car rental, taxi or limousine service and motel or hotel establishments.
- USER FEE
- A fee imposed upon an off-airport business for the right to enter and go upon Airport property for the purpose of picking up or discharging customers or potential customers.
Amount of user fees for off-airport business(es), except off-airport car rental agencies. The city shall determine the amount of user fees to be paid by off-airport business(es), except off-airport car rental agencies, taking into consideration such factors as the frequency and intensity of use of airport property, the amount of revenue attributable to customers picked up or discharged at the airport, similar charges made by on-airport business(es) and the relative benefits that an off-airport business derives from gaining access to and using airport facilities.
Off-airport car rental agency. Any off-airport car rental agency shall pay as a user fee the current Airport rental fee paid by on-airport car rental agencies for that part of its business derived from Airport sales. The Airport rental fee is a percentage of the total customer car rental charges. There shall be a written agreement between the city and the off-airport car rental agency as a condition of doing business at the Airport.
Regulation of vehicles on the airport. Vehicles using the Airport shall comply with Airport regulations and shall obtain a permit and pay such fees as may be required.
There shall be established minimum operational standards for fixed-base operators to provide the necessary services and comply with applicable safety requirements in compliance with federal and state laws and regulations.
In connection with the expansion of the Airport in 1983 and the receipt of federal funds, restrictions were placed on the use of Airport land as shown on the plan attached as Exhibit A and made a part of this chapter. See Citizens for Responsible Area Growth (CRAG) v. Brock Adams, et al., United States District Court for the District of New Hampshire, Docket Number C79-61, which the Citizens' Advisory Committee (CAC) as a means of communicating with affected communities in the Upper Valley area and to provide guidance and flexibility in complying with the court order while at the same time balancing necessary and reasonable commercial utilization of the Airport land. The operation of the Airport and the use of Airport land shall be in conformity with the court order.
Editor's Note: Exhibit A is on file in the office of the City Clerk.