[Adopted 3-10-2009 by Ord. No. 241-09]
The use of the masculine gender includes the feminine or neuter
gender where applicable; and the use of the singular includes the
plural where applicable. As used in this article, the following terms
shall have the meanings indicated:
Any service which involves, makes possible, or is required
for the operation of aircraft, or which contributes to or is required
for the safety of operations.
The written agreement between the Airport and an operator
specifying the terms and conditions under which the operator may conduct
commercial aviation activities. Such agreement will recite the terms
and conditions under which the activity will be conducted at the Airport,
including, but not limited to, term of the agreement; rents, fees,
and charges to be paid; and the right and obligations of the respective
parties.
The Doña Ana County Airport at Santa Teresa.
The designated individual or duly authorized individual appointed
by the County to administer and manage all operations of the Airport
and Airport facilities, and to supervise all Airport projects.
The conduct of any aspect of a business, concession, operation,
or agency providing goods or services to any person for compensation
or hire, including exchange of services, whether or not such objectives
are accomplished. An activity is considered a commercial activity
regardless of whether the business is nonprofit, charitable, or tax-exempt.
A commercial business activity that involves, makes possible or is
required for the operation of aircraft, or which contributes to or
is required for the safety of aeronautical operations.
Doña Ana County.
The Federal Aviation Administration.
An entity which maintains major facilities at the Airport.
A noncommercial and nonprofit entity organized for the purpose
of providing its members with any number of aircraft for their personal
use and enjoyment. Aircraft must be vested in the name of the flying
club owners on a pro-rata share, and the club may not derive greater
revenue from the use of the aircraft than the cost to operate, maintain,
and replace the aircraft.
The written contract between the Airport and an operator
(lessee) specifying the terms and conditions under which an operator
may occupy and operate from certain Airport facilities and/or property.
The qualifications which are established herein by the Airport
owner as the minimum requirements to be met as a condition for the
right to conduct an aeronautical activity on the Airport.
Any person, firm, partnership, corporation, association or
group providing any one or a combination of aeronautical services
to or for aviation users at the Airport.
Doña Ana County, New Mexico (also "sponsor").
A commercial provider that provides fewer or more specialized
services than an FBO.
A written agreement, approved by the Airport, stating the
terms and conditions under which a third-party operator leases space
from a lessee for the purpose of providing aeronautical services at
the Airport.
A.
The Federal Aviation Administration (FAA) contends that it is the
prerogative of the Airport owner (sponsor) to impose rules and regulations
for the operation and use of its Airport and minimum standards to
establish the threshold entry criteria for those wishing to engage
in providing aeronautical services to the public on the Airport. Two
of the assurances given by the Airport sponsor in exchange for federal
funding to assist in developing runways, taxiways, etc. at the Airport
address the obligation of establishing minimum standards. These assurances
are:
(1)
Grant Assurance 22a. The sponsor will make the Airport available
as an Airport for public use on reasonable terms and without unjust
discrimination to all types, kinds and classes of aeronautical activities,
including commercial aeronautical activities offering services to
the public at the Airport.
(2)
Grant Assurance 22h. The sponsor may establish such reasonable, and
not unjustly discriminatory, conditions to be met by all users of
the Airport as may be necessary for the safe and efficient operation
of the Airport.
B.
The County
of Doña Ana being the owner and in a position of responsibility
for the administration of the County Airport at Santa Teresa (Airport)
does hereby establish the following policy for minimum standards in
accordance with FAA Advisory Circular 150-5190.7, dated August 26,
2006. These minimum standards are the threshold entry requirements
for those wishing to provide commercial aeronautical services to the
public and to ensure that those who are currently providing commodities
and services as approved are not exposed to unfair or irresponsible
competition. These minimum standards were developed taking into consideration
the aviation role of the Airport, facilities that currently exist,
services being offered, the future development planned and to promote
fair competition at the Airport. The uniform application of these
minimum standards, containing the minimum levels of service that must
be offered by the commercial aeronautical service providers, relates
primarily to the public interest and discourages substandard entrepreneurs,
thereby conserving competent aviation and aeronautical activity and
protecting the Airport users.
(1)
Special restrictions on airport land and facility use. No person
shall be granted the right to conduct any commercial aeronautical
or nonaeronautical activity upon the Airport, nor shall any person
be permitted to use any land or conduct any commercial aeronautical
or nonaeronautical activity or the solicitation of business in connection
therewith, unless such activity is conducted in accordance with these
standards. The issuance of the proper permits, licenses, and/or the
execution of a valid contract or agreement with the owner to conduct
such activities with the County will be required. These minimum standards
may be amended from time to time by the owner.
(2)
Upon adoption of these standards, all present operators shall propose
to the owner a timeline of no more than 90 days for compliance as
it affects their operation.
(3)
The minimum standards for commercial airport aeronautical activities
and all appendices shall be reviewed, revised or amended, and updated
annually.
C.
No requirements for inclusion of nonaeronautical activities (such
as a restaurant, parking or car rental concession) are included in
these minimum standards since those activities are not covered under
the grant assurances or covenants in conveyance of federal property.
The following minimum standards shall apply to all operators,
with the exception of flying clubs, whose complete list of minimum
standards are presented in the section which pertains solely to that
type of operation:
A.
The lease shall be for a term to be mutually agreed upon between
the parties commensurate with the operator's financial investment
in his facility. If the duration of the lease is to exceed five years
in length, provisions shall be made to review the terms, lengths,
and rents of the lease relative to other changes in the Airport environment
that have occurred during that period.
B.
The operator shall have the experience necessary to conduct any aeronautical
service he wishes to provide to the public and shall submit a statement
of qualifications to the owner upon request. It will be satisfactory
if the operator has, in a reasonable supervisory position, a person
of such experience. Should an operator not have such experience, but
can demonstrate to the owner's satisfaction that he has had equivalent
related experience or training; or if the operator intends to hire
management personnel with relative experience, such may be deemed
acceptable. The operator shall submit a letter of intent detailing
the services which he wishes to provide, a written statement indicating
compliance with the relevant minimum standard as presented in this
article, copies of all ratings and licenses his organization has or
a timeline reflecting when certifications will be obtained, and a
general scope of the operation.
C.
Any operator seeking to conduct commercial aeronautical activities
at the Airport must provide the owner with a letter of financial integrity,
to the owner's satisfaction, from a bank or trust company doing
business in the area, or other such source that may be readily verified
through normal banking channels. The operator must also demonstrate
that he has the financial ability or backing, where applicable, for
the construction of facilities that may be required for the proposed
concept of operation. In addition, the financial institution letter
should include a current financial net worth showing that applicant
holds unencumbered current assets in a total amount at least equaling
three months' estimated maintenance and operating expenses. The owner
reserves the right to request a personal financial guarantee for the
proposed operation if deemed necessary.
D.
All operators shall demonstrate to the owner's satisfaction
evidence of their ability to acquire insurance coverage as stipulated
for each particular type of operation. Minimum coverage will be as
established in Appendix I regarding insurance.[1]
[1]
Editor's Note: Appendix I is included at the end of this chapter.
E.
Lease provisions.
(1)
Each lease for ground space and contract for business at the Airport
entered into by the owner shall include each of the following provisions
as are required by state and federal governments:
(2)
The most current amendment or form of such mandatory lease provisions
shall be obtained from the state or federal governments and shall
be included in each lease at the time of execution.
F.
All operators shall have the right, in common with others so authorized,
to use common areas of the Airport, including runways, taxiways, aprons,
roadways, floodlights, landing lights, signals and other conveniences
of the take-off, flying and landing of aircraft.
G.
Any construction required of any operator shall be in accordance
with design and construction requirements of the owner, state and
federal regulations and applicable codes. All plans and specifications
shall be submitted to the owner for approval.
H.
The operator shall provide adequate, paved auto parking space within
the leased area sufficient to accommodate all activities and operations
and in compliance with County requirements.
I.
The operator shall provide and keep clear a paved aircraft apron
within the leased area to accommodate aircraft movement from the operator's
building to the taxiway or the access to the taxiway that has been
or will be provided for the operator.
J.
These minimum standards will be reviewed on a periodic basis and
adjusted if necessary to reflect changes to the Airport environs,
compliance requirements, and lease terms, as they may relate to the
existing minimum standards.
K.
All present operators that were in compliance with the previous minimum
standards and conducting operations on the Airport prior to the installation
of these minimum standards may be allowed to continue operations without
fully complying with them, provided the owner determines that the
continued operation is in the best interest of activity at the Airport
and that the operation is not in violation of any airport assurance
compliance regulations. At the termination of the operator's
present lease, all existing operators or tenants will be required
to comply with the then-current minimum standards.
L.
Storage areas and trash dumpsters. In order to shield stored materials
and trash dumpsters from public view, operators shall observe the
following minimum standards:
(1)
No articles, goods, materials, machinery, trash dumpsters, equipment,
plants, animals, or similar items should be exposed to public view
within the area between the building setback line and the line along
the street.
(2)
No outdoor storage or trash dumpster or operations (other than aircraft-related)
of any kind shall be permitted on any lot, unless such activity is
visually screened from the street in a manner approved by the owner.
No outside storage or trash dumpster shall extend above the top of
such screening.
M.
Any article, good, or material to be stored other than in an enclosed,
covered building shall be enclosed either with a screen architectural
fence at least six feet in height or landscaped planting or both,
as directed and approved by the owner.
N.
No storage shed or peripheral buildings other than the main building
on each lot shall be permitted except during construction.
O.
Parking requirements and standards for commercial tenants will be
decided on a case-by-case basis depending upon the type of commercial
use and the motor vehicle activity and needs that will be generated
by that use and using Chapter 250, Land Use and Zoning, as amended,
parking provisions as guidelines.[2]
P.
In the event that the lessee or sublessee fails to comply fully with
these minimum standards or fails to comply with the reasonable request
or direction of the owner as it relates to these minimum standards,
the lessee or sublessee shall be in default. If default continues
for more than 30 days after notice of default, the owner may terminate
the lease. Said lessee is responsible for the performance and compliance
of their sublease operators and liable jointly or severally with the
sublessee for a failure to perform or to comply.
A.
General. A fixed-base operator is an entity which maintains major
facilities at the Airport for the purpose of conducting:
[Amended 9-27-2011 by Ord. No. 235-2011]
(1)
The retail sale of aviation fuels and associated aircraft line service.
The FBO must offer fuel for both reciprocal engine and turbine aircraft
(AV gas and jet fuel). Fuel and oil services include the sale and/or
into-plane delivery of recognized brands of aviation fuels, lubricants,
and other related aviation petroleum products. The operator shall
provide servicing of aircraft, including ramp assistance and the parking,
storage, and tie-down of aircraft within the leased area. The operator
will maintain a bulk storage tank(s) in an area designated by the
owner for the bulk fuel storage facility. The storage facility shall
be capable of maintaining, at a minimum, a capacity of 12,000 gallons
for each grade of fuel maintained by the operator. The operator must,
at a minimum, provide fuel for reciprocating engine and turbine aircraft.
The operator shall provide the required pumping equipment, either
mobile or fixed, to meet all applicable safety requirements relative
to fuel dispensing as required by federal, state and local regulations
as now exist or are hereafter amended, and shall provide reliable
metering devices which conform to federal, state and local regulations.
(a)
The operator shall maintain an accurate record of all deliveries
of aviation fuel and oil, and such records shall be subject to examination
and audit by the owner or its representatives. A copy of each delivery
invoice detailing the number of gallons delivered will be provided
to the Airport Manager within two working days following the delivery.
(b)
The operator shall pay to the owner a fuel flowage fee as determined by mutual agreement for every gallon of fuel brought to the Airport. The flowage will be determined from the operator's invoices and the operator's usage records and will be payable as described in Article IV, Fuel Policy, of this chapter, as amended.
(2)
Aircraft airframe and engine repairs. The operator shall provide
such minor repair service (i.e., oxygen service, nitrogen service,
tire inflation) that does not require a certificated mechanic rating
and shall, upon request, provide such cabin services to general aviation
aircraft as can be performed efficiently on the ramp or apron parking
area, but only within the premises leased to the operator.
(3)
The operator shall procure and maintain tools, jacks, towing equipment,
tire repairing equipment, energizers and starters, heaters, oxygen
supplies, fire extinguishers, and passenger loading steps as appropriate
and necessary for the servicing of the aircraft regularly using the
Airport. All equipment shall be maintained and operated in accordance
with local and state industrial codes as now in effect or hereafter
amended.
B.
Minimum standards.
(1)
Ground space and improvements.
(a)
The minimum ground space to be leased shall be 174,240 square
feet, and improvements shall comprise at least 50% of the area leased.
(b)
The principal buildings used by the FBO shall be of sufficient
size to adequately meet the requirements of the services being offered;
however, a minimum of 4,000 square feet must be allocated and utilized
for crew/passenger lounge facilities, public rest rooms, sales/rental
administration, aircraft charter and flight instruction and training
activities.
(c)
A minimum of one large hangar with a minimum of 15,000 square
feet of floor space shall be provided within which aircraft airframe
and engine repair activities, avionics, instrument or propeller repair,
if proposed, will be performed. Suitable inside and outside storage
space for aircraft, before and after repair and maintenance have been
accomplished, must be provided within operator's leased premises.
(d)
The operator shall have his premises open for not less than
eight hours per day, seven days a week, and provide on-call aircraft
servicing during all other hours with a response time of no more than
60 minutes. The operator shall make provisions for someone to be in
attendance in the office at all times during operating hours.
(e)
The operator shall have in his employ, and on duty during the
appropriate business hours, trained personnel in such numbers as are
required to meet the minimum standards set forth in this category
of service in an efficient manner.
(2)
The following types of insurance are required (see Appendix I for
minimum coverage[1]):
(a)
Comprehensive public liability and comprehensive property damage,
including vehicular.
(b)
Hangar keeper's liability.
(c)
Products liability.
(d)
Fuel tank financial responsibility.
[1]
Editor's Note: Appendix I is included at the end of this chapter.
A.
General. Specialized aviation services operations (SASOs), formerly
referred to as "single-service providers" or "special FBOs," provide
fewer or more specialized services than an FBO. Examples of these
specialized services may include flight training, aircraft airframe
and power plant repair/maintenance, aircraft charters, air taxi or
air ambulances, aircraft sales, avionics, instrument or propeller
services, or other specialized commercial flight support businesses
or other operations. A SASO will not have the privilege of selling
or dispensing aviation fuel products.
B.
Concept; business plan. The business plan of each SASO will reflect
the concept of the operation that the SASO intends to provide. This
business plan should clearly delineate the proposed operating hours,
the minimum personnel required for daily operations, and the type
of aircraft, tools and equipment, and products that the SASO will
offer to its clientele. It will identify the class and estimated volume
of clientele that the SASO is expected to serve. The sponsor will
evaluate these factors when determining the eligibility of each potential
SASO. The SASO is expected to have the necessary operating licenses
for the type of activity done (i.e., an aircraft maintenance shop
must have FAA-licensed mechanics on duty during business hours).
C.
The minimum standards required vary by the type of SASO.
(1)
A flight training SASO must:
(a)
Be open to the public no less than eight hours daily, five days
a week.
(c)
Maintain a climate-controlled and lighted office, reception
area, and student training area with rest room facilities.
(d)
Own or lease aircraft suitable to the operation; own or lease
hangar space or tie-down space appropriate to the operation, but not
less than space capable of storing two light single-engine aircraft.
(e)
Have on duty or on call suitable flight instructors to control
and ensure safe training operations.
(f)
Provide copies of all pilot certification, medicals, and insurance
forms to the owner, when requested.
(2)
An aircraft lease or rental SASO must:
(a)
Be open to the public no less than eight hours daily, five days
a week.
(c)
Maintain a climate-controlled and lighted office, reception
area, and training area with rest room facilities.
(d)
Own or lease aircraft suitable to the operation; own or lease
hangar space or tie-down space appropriate to the operation.
(e)
Have on duty or on call suitable instructors to control and
ensure safe flight operations.
(f)
Provide copies of all pilot certification, medicals, and insurance
forms to the owner, when requested.
(3)
An aircraft sales SASO must:
(a)
Be open to the public no less than eight hours daily, five days
a week.
(c)
Maintain a climate-controlled and lighted office, reception
area, and rest room facilities.
(d)
Own or lease hangar space or tie-down space suitable for the
storage/display of not fewer than five available aircraft.
(e)
Have on duty or on call suitable commercial pilots to ensure
safe flight operations and equipment check out.
(f)
The operator shall provide necessary and satisfactory arrangements
for repair and servicing of aircraft, but only for the duration of
any sales guarantee or warranty period.
(g)
The operator who is engaged in the business of selling new aircraft
shall have available or on call at least one single-engine demonstrator.
(4)
An aircraft storage SASO must:
(a)
Be available for customer call-out 24 hours per day, seven days
per week.
(c)
Own or lease a hangar large enough to contain the maximum number
of aircraft called for in the operator's approved business plan.
(d)
Maintain a climate-controlled office and reception area, with
rest room facilities.
(5)
An avionics, instrument, or propeller repair SASO must:
(a)
Be open to the public no less than eight hours daily, five days
a week.
(c)
Own or lease sufficient hangar space to house at least two aircraft
and tie-down area for at least two additional aircraft.
(d)
Maintain a climate-controlled and lighted office and reception
area, with rest room facilities.
(e)
Employ and have on duty no less than one appropriately rated
person during business hours.
(6)
An aircraft airframe, engine and accessory maintenance and repair
SASO must:
(a)
Be open to the public no less than eight hours daily, five days
a week.
(c)
Own or lease sufficient hangar space to house at least two aircraft
and tie-down area for at least two additional aircraft; however, not
less than 10,000 square feet.
(d)
Maintain a climate-controlled and lighted office and reception
area, with rest room facilities.
(e)
Employ and have on duty no less than one appropriately rated
person during business hours.
(7)
An aircraft charter and air taxi SASO must:
(a)
Maintain a knowledgeable responsible person in the office or
immediately available by phone 24 hours per day, seven days per week.
(c)
Maintain a climate-controlled and lighted office and reception
area, with rest room facilities.
(d)
Provide copies of all pilot certification, medicals, and insurance
forms to the owner, when requested.
(e)
Own or lease at least one aircraft that meets the standards
of the air operations certificate.
(8)
A specialized commercial flying SASO is any commercial flight operation
that is not regulated by military, airline, charter or air taxi requirements.
This SASO must:
(a)
Maintain a knowledgeable responsible person in the office or
immediately available by phone during the hours specified in the operator's
approved business plan.
(c)
Maintain a climate-controlled and lighted office and reception
area, with rest room facilities (if services are offered to the public).
(d)
Own or lease aircraft suitable to the operation.
(e)
Own or lease hangar space or tie-down space appropriate to the
operation. If chemicals are used or stored as a part of the operation,
appropriate arrangements must be made to safeguard the public from
hazardous exposure.
(9)
Multiple services may be offered by one operator. In such scenario,
the operator must meet as a minimum all standards required by each
of the operational categories. Multiple operators may pool facilities
and equipment as long as, in the opinion of the owner, each operator
meets the intent of this article (i.e., any aircraft used for aerial
application would not be suitable for flight instruction).
(10)
Operators may sublease from another operator on the Airport.
(a)
Prior to finalizing an agreement, the lessee and sublessee shall
obtain the written approval of the owner for the sublease and business
proposed. Said sublease shall define the type of business and service
to be offered by the sublessee operator.
(b)
The sublessee operator shall meet all of the minimum standards
established by the owner for the categories of services to be furnished
by the operator. The minimum standards may be met in combination between
lessee and sublessee. The sublease agreement shall specifically define
those services to be provided by the lessee to the sublessee that
shall be used to meet the standards.
(11)
Where a noncommercial aviation fuel user maintains fuel storage
and transfer only for his own aircraft or aircraft leased for his
exclusive use, such self-fueling is not a commercial operation, but
must maintain certain minimum standards:
(a)
No person shall engage in the activity of storing, transporting,
or dispensing of noncommercial aviation fuels except those persons
holding a written agreement with the owner.
(b)
At no time shall lessee share, sublease, or in any other manner
provide fuel or fueling facilities to any other tenant or any other
aircraft except those aircraft owned or leased 100% by and for the
exclusive use of the tenant designated in the agreement.
(c)
The lessee shall install and maintain all fuel facilities within
the fuel farm area in accordance with plans and specifications approved
by the owner.
(d)
The lessee shall comply with all local, state and federal laws
and regulations governing the installation, operation, and maintenance
of all fueling facilities, equipment and dispensing trucks as now
in effect or hereafter amended.
(e)
Dispensing trucks, bulk fuel trucks, emergency vehicles and
other vehicles approved by the owner shall be the only vehicles permitted
within the fuel farm area.
(f)
All fuel storage shall be in New Mexico Environmental Protection
Agency approved storage facilities in an area designated by the owner.
(g)
Each prospective fuel lessee shall submit to the owner a written
proposal which sets forth the extent of operations, to include: fuel
grades; estimated annual volume; experience and training of fuel handling
personnel; type, size and condition of all fueling facilities and
equipment to be used; assurance provisions for the security and safety
of the facility; spill prevention control and countermeasures (SPCC)
plan; and any cost that may be expected by the owner.
(h)
If any lessee wishes to start a self-fueling operation after
the date of this article, the lessee shall pay to the owner a fuel
flowage fee on the amount of fuel received into storage at the current
rate established for commercial fuel operators on the Airport. The
owner may impose an additional surcharge for the privilege. The operator
shall maintain an accurate record of all deliveries of aviation fuel
and oil, and such records shall be subject to examination and audit
by the owner or its representatives. A copy of each delivery invoice
detailing the number of gallons delivered will be provided to the
Airport Manager within two working days following the delivery. The
delivery volume will be determined from the operator's invoices
and the operator's usage records and will be payable quarterly.
(i)
The minimum storage tank allowed shall be of a capacity of 10,000
gallons.
A.
A flying club (club) is a not-for-profit, noncommercial entity.
B.
A flying club must provide a copy of club bylaws to the owner.
D.
A flying club may not derive greater revenue from the use of its
aircraft than the amount necessary for the actual cost of operation,
maintenance, and replacement of its aircraft. The club will keep current
a complete list of the club's membership and a record of club
finances, and will make such available to the owner upon request.
E.
A flying club must maintain a lease with the owner or a sublease
with an FBO or SASO.
F.
The club's aircraft will not be used by other than bona fide
members and by no one for hire, charter, or air taxi. Student instructions
may be given in the club aircraft by one club member to another club
member, providing no compensation takes place. Otherwise, it must
be given by an operator with a current agreement with the owner.
G.
In the event the club fails to comply with these conditions, the
owner will notify the club in writing of such violations. The Club
shall have 14 days to correct such violations. If the club fails to
correct the violations, the sponsor may demand the club's removal
from the Airport.
H.
Aircraft maintenance performed by the club shall be limited to only
that maintenance that does not require a certificated mechanic and
is listed in the FAA 14 CFR Part 43. All other maintenance must be
provided by a lessee based on the Airport who provides such service,
or by a properly certificated mechanic who shall not receive remuneration
in any manner for such service and has provided verification of insurance
and certifications to the owner.
A.
Contents of application. Applications to perform commercial aeronautical
activities shall be in writing and filed with the Airport Manager,
and shall include the following information and submissions:
(1)
Name and address;
(2)
Proposed date for commencement of operation;
(3)
Services to be offered;
(4)
Amount, size, location of land proposed to be leased or subleased;
(5)
Description of buildings and improvements to be constructed or leased,
including proposed time required for construction or renovations;
(6)
Number of aircraft to be employed;
(7)
Hours of proposed operation;
(8)
Proof of liability coverage for the business operation, flight operations,
itinerant aircraft and operators and premises insurance. Such proof
may be in the form of a copy of insurance company letter of intent,
including number and types of insurance coverage to be maintained;
(9)
Evidence of financial responsibility from a bank or from such other
source that may be readily verified through normal banking channels;
(10)
Evidence of financial capability to initiate operations and
for the construction of buildings, improvements and appurtenances
and the ability to provide working capital to carry on the contemplated
operation, once initiated; names of all stockholders;
(11)
Cash flow and profit-and-loss projections for a minimum of the
first three years of operation, or longer if feasible, together with
a market analysis supporting said projections;
(12)
Statement of past experience in the specified aviation services
proposed to be provided at the Airport together with a statement setting
forth personnel to be used for the operations and experience of said
personnel, including current or previous airports where these activities
were conducted;
(13)
A written authorization from the FAA, any aviation or aeronautics
commissions, administrations, and departments of all states in which
the applicant has engaged in aviation business to release information
in their files relating to the applicant or its operation. The applicant
shall execute such forms, releases, or discharges as may be required
by those agencies;
(14)
Application fee established by the County and based on estimated
cost to the County of processing the application, which fee shall
be nonrefundable;[1]
[1]
Editor's Note: See the Fee Schedule included at the end of this chapter.
(15)
The signatures of all parties whose names are being submitted
as owning an interest in the business or will appear on leases or
other documents as being a partner, director or corporate officer
and those who will be managing the business;
(16)
An agreement to provide a bond or suitable guarantee of adequate
funds to the Airport to be used to defray any expenses and fees normally
paid by the lessee between the estimated time the lessee may default
and a new lease is executed and another Lessee takes over; and
(17)
Such other information as the Airport may require.
B.
Hearing on application. Upon receipt of an application complying with Subsection A above, the Airport Manager will submit said application to the County Commission for scheduling of a public hearing upon said application.
(1)
Upon receipt from the Airport Manager of an application complying with Subsection A above, a date for public hearing shall be set by the County Commission; the hearing date shall not be less than 15 days from the date of publication of the notice.
(2)
At least 15 days' notice of the time and place of the hearing shall
be given by at least one publication in a newspaper of general circulation
in Doña Ana County.
(3)
No public hearing shall be held unless the applicant or his duly
appointed representative is present.
(4)
At the time of the public hearing, the County Commission shall hear
all evidence for and against the application. After due deliberation,
the decision of the County Commission shall become public record.
(5)
Proceedings in the nature of certiorari from a decision of the County
Commission may be made to the appropriate State District Court of
the Judicial District within 30 days.
C.
Application fee. The application fees are set by separate County
resolution. Until such resolution has been adopted, the fee shall
be a minimum of $350 per applicant. The applicant may make application
for multiple activities on each application.
[Amended 9-27-2011 by Ord. No. 235-2011]
This article will be enforced by the Airport Manager, County
codes enforcement officers and/or others as designated by the County
Manager. A person convicted of a violation of this article shall be
punished by a fine not exceeding $300, imprisonment for a term not
exceeding 90 days, or both such fine and imprisonment. Each day the
violation exists may be considered a separate violation. In addition,
the County may, at its discretion, sue for damages and/or injunctive
relief and may consider the violation a breach of the Airport lease
and seeks its remedies as provided by the lease document.
