(a)
An
ordinance/order providing rules and regulations for the efficient
and safe operation of the city’s municipal airport (hereinafter
referred to as the “airport”); and to provide the greatest
service for the citizens of the city and the aviation public, is adopted
by the city council, providing enforcement by the airport manager
or his/her designee, and providing penalties for violations; all as
authorized by the Texas Transportation Code chapter 22 “county
and municipal airports.”
(b)
The
definition of “airport,” “aircraft,” “airplane,”
and other common terms used herein is as defined in part 1, Code of
Federal Regulations, title 14, aeronautics and space. Ultralight refers
to aircraft that fall within the description given in FAR part 103.
“Airport” with a capital refers to the specific airport
for which these rules are adopted. “TxDOT” herein refers
to the Texas Department of Transportation, Aviation Division.
(Ordinance 6303 adopted 7/6/20)
The following rules and regulations shall be observed in the
use and operation of the airport:
(1)
Federal
Air Traffic Rules of the Federal Aviation Administration (FAA) for
aircraft operated within the United States, and presently or hereafter
effective, are hereby referred to, adopted, and made a part hereof
as though fully set forth and incorporated herein.
(2)
Safeguard of persons and property.
The airport manager
or his/her designee shall at all times have authority to take necessary
and legal actions to safeguard any person, aircraft, equipment, or
property at the airport.
(3)
Through-the-fence operations.
No private individual,
partnership, FBO, company, or corporation shall be permitted direct
ground access to the airport by their aircraft, customers’ aircraft,
or private vehicle from property adjacent to or in the immediate vicinity
of the airport without prior coordination with TxDOT. Furthermore,
no private individual, partnership, company, corporate, or customers’
aircraft or vehicle shall be permitted direct ground access to property
from the airport - a practice commonly known as a “through-the-fence
operation” without prior coordination with TxDOT.
(4)
Lien for charges.
To enforce the payment of any charge
for repairs, improvements, storage, or care of any personal property
by the city or its agents in connection with the operation of the
airport, the city may place a lien upon such personal property, which
shall be enforceable as provided by law.
(5)
Lien possessory right.
To enforce the payment of any
such charge, the airport manager or his/her designee may retain possession
of such personal property until all reasonable, customary, and usual
compensation has been paid in full.
(6)
Unauthorized signs and equipment.
No signs, non-aeronautical
equipment, portable buildings, or trailers may be erected, moved-in,
or installed on airport property, except as may be specifically authorized
by the airport manager or his/her designee.
(7)
Surreptitious activities.
Any person observing suspicious,
unauthorized or criminal activities should report such activities
immediately to the airport manager, local police, officers of the
Texas Department of Public Safety, and the Transportation Security
Administration General Aviation Information Hotline at 1-866-GA SECUR(E)
or 1-866-427-3287.
(8)
Wrecked aircraft.
Every aircraft owner, his/her pilot
or agents, shall be responsible for notifying FAA and promptly removing
disabled or wrecked aircraft from the operational areas of the airport,
under the direction of the airport manager or his/her designee.
(9)
Repairs to aircraft.
No aircraft shall be repaired on
any part of the landing or takeoff area. All outside repairs shall
be made only at places designated by the airport manager for such
purpose. Major engine, airframe, or avionics repairs shall be conducted
by a properly licensed mechanic or other person authorized by the
FAA within a hangar or building rented, leased, or owned for such
commercial purposes. Any preventative maintenance authorized by FAR
part 43 may be made by the owner or operator of any aircraft, but
only within a hangar leased or owned by that aircraft owner or operator
or at places designated by the airport manager or his/her designee
for such purpose.
(10)
Damage to airport.
Any person, individual, or corporation
or the owner of any aircraft causing damage of any kind to the airport,
whether through violation of any of these rules, through vandalism,
or any act of negligence, shall be liable therefor in and to the city.
(11)
Injury to person.
Persons entering the airport groundside
property by automobile, other vehicular conveyance, or on foot (does
not include persons in aircraft using approved airside facilities)
do so at their own risk and with no liability incurring to the city
for any injury or damage to person or property. Further, any person
desiring to use the airport shall observe and obey all laws, resolutions,
orders, rules, and regulations promulgated and enforced by the city
or by any other authority having jurisdiction over the operation of
the airport.
(12)
Licensed pilots.
Only aircraft with current and correct
FAA certificates of registration and airworthiness and persons holding
valid and current airman and medical certificates issued by the FAA,
for those flight operations requiring medical certificates, shall
be authorized to operate aircraft upon the airport except as provided
in this division. Ultralights operating under FAR part 103 do not
require aircraft registration, pilot certificates, or medical certificates.
Sport pilots operating under FAR part 61 do not require pilot certificates.
This limitation shall also not apply to students-in-training under
licensed instructors or to public aircraft of the federal government
or of a state, territory, or political subdivision thereof, or to
aircraft licensed by a foreign government with which the United States
has a reciprocal agreement covering the operation of such licensed
aircraft. Use of the airport by ultralight aircraft and light sport
aircraft in the weight shift control and powered parachute class shall
be subject to FAA order 5190.6 (latest change) and appropriate FARs
part 61 and 103 and any other rules established by the city.
(13)
Animals.
No person shall enter the airport with a dog,
cat, or other animal unless the animal is, and remains, restrained
by a leash or properly confined as determined by the airport manager
or his/her designee.
(14)
Living quarters.
No person may make permanent living
quarters on airport. Exceptions to this rule for cause, such as alert
crew members or security personnel, will be coordinated with TxDOT.
(15)
Intoxicants and narcotics prohibited.
No person under
the influence of any intoxicant, narcotic, or other illicit drug shall
operate or fly in any aircraft to or from the airport. Such prohibition
shall not apply to a passenger under the care of a medical doctor
and accompanied by a doctor, nurse, or caretaker.
(16)
Foreign objects.
No foreign objects, including bottles,
cans, scrap, nuts, bolts, nails, or any object that may cause damage
to an aircraft, shall be left upon the floor of any building or upon
any part of the surface area of the airport. Individuals are encouraged
to pick up such foreign objects when observed and place them in a
trash receptacle.
(17)
Litter.
No boxes, crates, cans, bottles, paper, tall
grass, weeds, unusable airplane parts or wreckage, scrap wood or metal,
discarded airplane or automobile tires, trash, or other litter shall
be permitted to accumulate in or about a hangar, building, or other
leased space. If such trash and litter is permitted to accumulate
around a privately owned, rented, or leased hangar/building, the airport
manager shall notify the hangar/building owner, renter or lessee by
registered letter to remove the offending litter. If within ten (10)
work days after receipt of the letter the hangar/building owner, renter,
or lessee has not removed the trash and litter as directed, the airport
manager may have the area cleaned and the cost for such cleaning shall
be charged to the hangar/building owner, renter, or lessee.
(18)
Events.
Any meeting, or event held at the airport, on
any part of the airport property must have a reservation through the
city's public works department. No event may be held at the airport
for non-aeronautical purposes that temporarily closes the airport
or interferes with its use for airport purposes. From 7460-1 must
be filed 45 days in advance if a special event activity impacts navigation
and/or airspace around an airport.
(Ordinance 6303 adopted 7/6/20; Ordinance
6523 adopted 9/6/2022)
(a)
Air, ground and vehicular traffic.
No person shall operate
a vehicle on the airport except in accordance with the following rules,
and all federal, state, and local law:
(1)
All vehicles shall yield right-of-way to aircraft in motion and emergency
vehicles.
(2)
No vehicle except ground service and emergency vehicles shall approach
so close to any aircraft with running engine(s) as to create a hazard.
(3)
All vehicles entering or exiting an operating airport access gate
shall wait for the gate to completely close behind them before proceeding
to their destination so as to not allow the entry of any other vehicle.
(4)
Any vehicle authorized to operate on the airport runways or taxiways
shall display a rotating or steady beacon that complies with FAA Advisory
Circular 150/5210 (latest change).
(5)
All vehicles that are authorized to operate on taxiways or the runways
must be equipped with a two-way aviation radio, and must receive a
clearance from, and remain in continuous communications with, the
airport traffic-control tower (ATCT) when the ATCT is operating. When
the ATCT is not operating, or at airports that do not have an ATCT,
any vehicle authorized to access the taxiways or runways is required
to monitor the published common traffic advisory frequency (CTAF)
for the Airport, and have the ability to communicate with aircraft
via a two-way aviation radio.
(b)
Speed limits.
All vehicles shall be operated within
the posted speed limits at the airport. The maximum speed limit for
all vehicles in the airside area, with the exception of authorized
municipal vehicles in the performance their official duties, is fifteen
(15) miles per hour, unless posted otherwise.
(Ordinance 6303 adopted 7/6/20)
(a)
Security.
The Transportation Security Administration
publication “Security Guidelines for General Aviation Airports,”
Information Publication A-001, Version 2 dated July 2017 or most recent
version, is available for reference at their website - www.tsa.gov/.
This document is used by the airport as a guideline to security
on the airport and is incorporated as a working document.
(b)
Access codes/devices.
Persons who have been provided
either a code or device for the purpose of obtaining access to the
airport shall not divulge, duplicate, or otherwise distribute the
same to any other person, unless otherwise approved in writing by
the airport manager or his/her designee.
(Ordinance 6303 adopted 7/6/20)
(a)
Aircraft tie downs.
(1)
All aircraft not hangared shall be tied down and additionally should
have the wheels chocked when remaining overnight and during inclement
weather.
(2)
All aircraft owners or their agents are responsible for the tie down
or security of their aircraft at all times and particularly during
inclement weather.
(3)
Aircraft parked overnight on the transient apron shall pay a tie
down fee as established by the airport manager, or his/her designee
for each night, except that such fee may be waived upon purchase of
fuel or services.
(b)
Running aircraft engines.
(1)
Aircraft not equipped with adequate brakes shall not be started until
the wheels have been set with chocks attached to ropes or other suitable
means of removing them.
(2)
No aircraft will be left running without a qualified person at the
controls.
(3)
No aircraft engine shall be started or run inside any building or
hangar.
(4)
No engine shall be started, run up, or warmed up until and unless
the aircraft is in such position that the propeller stream or jet
blast will clear all buildings, other aircraft, and groups of people.
(c)
Damage to airport lighting.
Any person damaging any runway, ramp, or taxiway light or fixture by operation of aircraft or otherwise, shall immediately report such damage to the airport manager or his/her designee. Persons causing damage to runway and taxiway lights as a result of negligent operation of an aircraft or willful acts will be liable for replacement cost of the light(s) and/or fixture(s) and may be charged with a misdemeanor as provided in section 1.07.100 of this division.
(d)
Taxiing aircraft.
(1)
No person shall taxi an aircraft until it is reasonably ascertained
there will be no danger of collision with any person or object in
the immediate area.
(2)
Aircraft will be taxied at a safe and prudent speed and in such manner
as to be under the control of the pilot in command at all times.
(3)
Aircraft not equipped with adequate brakes will not be taxied near
buildings or parked aircraft unless an attendant (wing-walker) is
at a wing of the aircraft to assist the pilot.
(4)
Aircraft shall not taxi onto the runway from the ramp and taxiway
area if there is an aircraft approaching to land or on the ground
in takeoff position. Aircraft waiting on the taxiway for another aircraft
to take off or land will remain behind the runway holding position
markings.
(5)
Aircraft shall not be taxied by engine power into or out of any hangar.
(e)
Parking aircraft.
(1)
Unoccupied aircraft shall not be parked or tied down within any protected
area (object free area, runway safety area, etc.) as described in
FAA AC 150/5300-13 (latest change) and all aircraft not hangared shall
be parked in the areas designated by the airport manager for that
purpose.
(2)
Aircraft shall not be parked within seventy-nine (79) feet, based
upon the current airport layout drawing, of an aircraft fuel pump
or fuel service truck parking area.
(3)
Aircraft shall not be parked in such a manner as to hinder the normal
movement of other aircraft and traffic unless specifically authorized
by the airport manager or his/her designee as an emergency measure.
(4)
It is the responsibility of the pilot in command when leaving a parked
aircraft unattended to see that the brakes are set and/or it is properly
chocked and/or tied down.
(f)
Wash racks.
Wash racks shall be used for purposes of
washing and polishing aircraft, and any other purpose approved by
the airport manager or his/her designee. Washing/cleaning materials
and run-off shall be used and disposed of in compliance with all applicable
federal, state, county and local laws and regulations.
(g)
Loading and unloading aircraft.
Loading or unloading
aircraft with the engine running is prohibited. Exception will be
approved by the airport manager or his/her designee.
(h)
Authority to suspend operations.
The airport manager
or his/her designee may suspend or restrict any or all operations
whenever such action is deemed necessary in the interest of safety.
(i)
Standard traffic pattern and altitude, non-towered airports.
All flight activity will adhere to FAA Advisory Circular 90-66
(latest change) “Recommended Standard Traffic Patterns and Practices
for Aeronautical Operations at Airports without Operating Control
Towers”; also depicted in the Aeronautical Information Manual.
Recommended traffic pattern altitudes are 1,000 feet above ground
level (AGL) for piston powered airplanes and 1,500 feet AGL for turbine
powered airplanes. The standard let-hand traffic pattern is used and
the traffic pattern elevation is one thousand eight hundred (1,800)
feet above means sea level (MSL) elevation for piston powered airplanes.
Helicopters will operate as to not obstruct the normal traffic pattern.
The use of standard traffic patterns does not alter the responsibility
of each pilot to see and avoid other aircraft.
(j)
Clearing public rights-of-way.
No aircraft shall takeoff
or land in such manner as to clear any public street or highway at
an altitude of less than fifteen (15) feet, or seventeen (17) feet
over an interstate highway, twenty-three (23) feet over a railroad,
or twenty-seven (27) feet over a coastal water way, or the clearance
height of the tallest bridge over the waterway, nor land or take off
on the taxiway or over hangars or other structures, automobile parking
areas, or groups of spectators. (Ref: FAR 77.)
(k)
Takeoffs on other than runways.
Takeoffs or landings
shall not be made on the apron, parking ramp, taxiway, or any area
other than designated runways by airplanes, gyroplanes, powered lift,
balloons, airships, ultralights, or light sport aircraft except by
prearranged permission from the airport manager. Helicopters may operate
to and from designated helicopter landing areas.
(l)
Takeoffs.
Takeoffs allowed, non towered airports - low
approach, full stop, touch and go, or stop and go landings may be
made at the discretion of the pilot in command. Pilots remaining in
the traffic pattern making landings should broadcast on the CTAF their
pattern direction of turn and their landing (low approach, full stop,
touch and go, stop and go) intentions at least by the final segment
leg. All aircraft departing shall clear the traffic pattern for traffic
before taxiing into takeoff position. See FAR 91.113(g).
(m)
Preferred runway.
If the winds are calm or at a ninety
(90) degree crosswind to runway 16, the preferred takeoff and landing
runway is 16.
(n)
Student training, local operations.
(1)
Flight instructors shall avail themselves and their students of all
rules and regulations, including local rules and FARs in effect at
the airport.
(2)
The airport manager or his/her designee and advise airport users
via public posting and electronic transmission of limited areas of
the airport and local areas sanctioned by the FAA for practice flying
and student training.
(3)
Aircraft shall not be permitted to remain on the landing or take-off
areas for the purpose of instructing students.
(o)
Agricultural spraying operations.
Agricultural (Ag)
spraying operations will be conducted in accordance with procedures
approved by the airport manager and made known to all persons conducting
agricultural spraying operations. Ag operations shall be accomplished
in accordance with the standards of the Environmental Protection Agency
and the Texas Commission on Environmental Quality in an area so designated
by the airport manager. Each Ag operator shall carry liability insurance
in the amount of $100,000.00 dollars, payable to the city for the
cleanup of any hazardous chemical spills on airport property caused
by the Ag operator.
(p)
Special procedures.
(1)
The airport manager or his/her designee, in the interest of safety,
designate special traffic procedures for certain operations, such
as helicopters, air shows or aviation flyins, agricultural operations,
gyroplanes, powered lift, gliders, balloons, airships, ultralights,
and light sport aircraft in the weight shift control or powered parachute
class. Any such change from standard procedures shall be published
in the FAA’s chart supplement if of a permanent nature or the
airport manager shall issue a NOTAM if such change is if a temporary
nature. Permanent changes require filing through TxDOT aviation division
to the FAA. Temporary closing of a portion of the airport for special
events will be approved by the FAA, through TxDOT aviation division.
See FAA Order 5190.6 (latest change).
(2)
Parachute descent onto the airport property shall not be permitted
without the approval of the airport manager. The airport manager or
his/her designee may develop operating procedures and designated landing
areas for parachute operations.
(q)
Model aircraft.
Model aircraft not capable of carrying
a person shall not be permitted to operate, take off or be launched
from, flown over or land at the airport. Model A/C operations for
specific aeronautical events such as fly-ins or air shows may be approved
for specific times by the city council.
(r)
Common courtesy.
Aircraft entering the traffic pattern
shall exercise caution and practice courtesy so as not to cause aircraft
already in the pattern to deviate from their course.
(s)
Altitude and noise of engines.
No aircraft shall be
operated over the city at an altitude of less than one thousand (1,000)
feet above the ground.
(Ordinance 6303 adopted 7/6/20; Ordinance
6523 adopted 9/6/2022)
(a)
Fueling aircraft.
(1)
All aircraft fueling, fuel equipment, and procedures will be in accordance
with the most recent version of Manual 407 - “Standard for Aircraft
Fuel Servicing, published by the National Fire Protection Association,
1 Batterymarch Park, Quincy MA 02169-7471, 800-344-3555, http://catalog.nfpa.org. A
digital copy is also available from the city’s fire marshal.
(2)
All transportation, storage and other handling of aircraft and vehicle
fuel shall comply with the city’s adopted version of the International
Fire Code, as published by the International Code Council, Inc. and
FAA Advisory Circular 150/5230-4, (latest change).
(3)
All aircraft shall be fueled clear of all hangars, other buildings,
and aircraft by at least seventy-nine (79) feet, per the current airport
layout drawing.
(4)
Fueling trucks shall not be parked within any building or hangar
or within 50 feet of any building, hangar, or parked aircraft, as
determined by the local fire marshal. Fuel trucks shall be parked
with at least ten (10) feet separation between vehicles.
(5)
Aircraft fuel storage tanks for below-ground or above-ground use
will be constructed and installed, registered as required, monitored
for leakage, operated, and maintained in accordance with federal and
state statutes, rules, and regulations promulgated by the Environmental
Protection Agency and the Texas Commission on Environmental Quality.
(6)
Aviation or auto fuels shall not be stored within a hangar or building
except in approved five (5) gallon or smaller containers manufactured
and marked for such purpose and only with the approval of the local
fire marshal.
(7)
Persons or businesses wishing to dispense fuel into their privately
owned aircraft shall not be denied; however, they must meet all reasonable
requirements the city places on other fuel suppliers, public or private.
Private fueling facilities located on leased or private property must
be installed and the fuel dispensed in accordance with all rules applicable
to aircraft fueling and fire safety contained herein.
(8)
Public sale of automobile gasoline for use in aircraft will not be
permitted on the airport without written approval of the airport manager.
Aircraft authorized by the FAA to use auto gasoline may be privately
fueled by the owner in a location designated by the airport manager
in accordance with all rules appertaining to aircraft fueling and
fire safety contained herein.
(9)
All aviation fuel storage tanks, aviation fuel pumps, hydrant fuel
services, and aircraft fuel service vehicles, whether publicly or
privately owned, shall have the type of aviation fuel dispensed printed
in large block letters, including octane if aviation gasoline, plus
the fuel I.D. number, and “no smoking” signs. This information
shall be printed on all sides of the fueling tanks, pumps, etc. so
the information is visible from any direction on the ground.
(10)
Fuel spills in excess of one gallon must be reported to the airport
manager, or his/her designee, and immediate action taken by the spilling
entity to clean up the spill in accordance with all local, state,
and federal regulations.
(11)
Aviation fuel may only be sold for, and used in piston engined aircraft.
(b)
Fuel flowage fee.
Any person, corporation, partnership,
association, or business entity of any kind, or any person acting
for or through them, including, but not limited to, any wholesale
fuel distribution company, who delivers fuel to an fuel storage tank
or who delivers fuel obtained from a source not on the airport directly
into any aircraft on the airport must pay the amount of $0.05 per
gallon of fuel delivered.
(1)
Payment to the city of all fuel flowage fees due must be made not
later than the fifteenth (15th) day of the month following the date
of the fuel delivery.
(2)
Payment of fuel flowage fees shall be accompanied by a report in
a form approved by the airport manager that indicates the amount of
fuel delivered to the airport during the preceding month.
(3)
Military aircraft conducting operations which require fueling from
U.S. Government facilities are exempt from fuel flowage fees.
(c)
Fire safety.
(1)
Every person using the airport or its facilities in any manner shall
exercise the greatest care and caution to avoid and prevent fire.
(2)
Smoking or open flame within fifty (50) feet of any fuel tank, fuel
pump, or fuel truck is prohibited.
(3)
Compressed flammable gas shall not be kept or stored upon the airport,
except at such place as may be designated by the airport manager.
(4)
No highly flammable substance shall be used for the cleaning of any
aircraft part or anything inside a hangar, T-hangar, or other building
upon the airport.
(5)
No one shall smoke or ignite a match or lighter in any building,
hangar, or public ramp area except in posted “designated smoking
areas” identified by the airport manager.
(6)
Hangar entrances must be clear in a manner such that emergency or
fire/rescue personnel and equipment can immediately access the hangar
without hindrance.
(7)
The floors in all buildings shall be kept clean and free of oil.
Volatile or flammable substances shall not be used to clean floors,
walls or any portion of a hangar structure.
(8)
All airport tenants and lessees shall supply and maintain such adequate
and readily accessible fire extinguishers as may be required by applicable
fire codes and regulations. Each fire extinguisher shall carry a suitable
tag showing the date of most recent inspection.
(Ordinance 6303 adopted 7/6/20; Ordinance
6523 adopted 9/6/2022)
(a)
Hangars
and other buildings or structures owned by the city may be leased
to private individuals, companies, or corporations on a monthly or
yearly basis for the storage of aircraft and ancillary equipment or
to conduct a commercial fixed base operation (FBO).
(b)
The
city may lease property within the building area or other portions
of the airport for the construction of hangars, buildings, lean-tos,
aprons, taxiways, and auto parking lots in accordance with an approved
airport master plan/airport layout plan and design guidelines. Aviation
related use must be given priority in the use of all leased or privately
owned property, buildings or structures. If the aviation needs of
the airport are sufficiently met, the city may authorize non-aviation
use of any portion of the airport or any building on the airport on
a case-by-case basis. Application of such non-aviation use shall be
made to the city council; and approval from TxDOT aviation division
must be received prior to granting authorization for non-aviation
use.
(c)
The
airport manager and other authorized personnel of the city may enter
a leased hangar at any time for purposes of inspection, for use in
the event of an emergency, or for any other lawful purpose. Each tenant
shall provide the airport manager with a key, or the combination,
to the hangar door lock in order to facilitate fire protection inspection,
hangar maintenance and inspections of structure and doors.
(d)
Lease term. No lease of airport property or facilities
shall be granted for a term exceeding (20) years, however the initial
term of a lease of airport property or facility may exceed twenty
(20) years but in no case more than forty (40) years if a loan or
deed of trust lien is obtained expressly for construction of the facility
which will become property of the city at the end of the lease term,
free and clear of all liens and encumbrances. Non-aviation leases
shall not exceed eighteen (18) months.
(e)
Consideration.
On January 1st of each year, the hangar lease and ground lease rates may be adjusted by the city manager as permitted in section 1.07.034.
(1)
A comparison will be made between the consumer price index - all
items for the Dallas, Texas Metropolitan Area as it existed on the
date of the preceding adjustment date and the currently contemplated
adjustment date. In no case shall such an adjustment decrease the
rent or lease payment below the current amount.
(2)
A comparison between the prevailing rates of hangar rents/ leases
and ground leases at public airports in the area surrounding the city
airport.
(f)
Construction on leased property.
(1)
As given in FAR part 77, the sponsor or sponsor's agent will
file electronically with the FAA for any construction on or near the
airport. See FAR part 77. File at http://oeaaa.faa.gov (or most current
URL). A determination of no objection must be received, by the airport
manager or his/her designee, from the FAA prior to any construction
on the airport. No hangar or structure may be erected beyond the building
restriction line (BRL) or in conflict with the approved airport layout
or development plan.
(2)
All design on airport shall be by a licensed engineering firm,
for which the project manager has designed, at a minimum, two or more
projects on public airports in accordance with the applicable FAA
advisory circulars, latest editions. Design shall be according to
the permitted aircraft category, as determined by city staff, not
exceeding a B-II ARC classification standards and all pertinent FAA
specifications and design circulars.
(3)
All construction and/or maintenance on airport shall be executed
in accordance with the applicable FAA advisory circulars, latest editions.
Contractors working on the airfield shall have successfully completed,
at a minimum, two projects on publicly funded, non-private, airfields.
Construction shall, at a minimum, conform to the permitted ARC classification
designed, not exceeding B-II ARC classification standards and all
pertinent FAA specifications and construction circulars. Including
the marking of vehicles and equipment on the airside operations area.
(4)
All plans and specifications for construction, renovation, remodeling,
or refurbishing of the leased premises shall meet all current standard
fire and building codes published by the Southern Building Code Congress
and the National Electrical Code and shall provide for the construction
to be from material satisfactory and acceptable to the city council.
All construction must comply with current city permitted requirements.
(5)
The city council's written approval of the plans and specifications
must be obtained prior to construction of the improvements.
(6)
Construction must begin within one hundred twenty (120) days
after the effective date of the lease or final comment from TxDOT
and the FAA for the filed air space study (form 7460-1) as required
by FAR part 77, whichever date is later. Construction must be substantially
completed within one hundred eighty (180) days of start of construction.
Projects anticipated to exceed 180 construction days require approval
of the airport manager. The improvements on the leased premises shall
remain the tenant's property until expiration or termination of the
lease and its covenants or as otherwise agreed to in the contract
between the city council and the tenant.
(7)
Any privately owned structure or hangar not in use for aviation
purposes for a period in excess of ninety (90) days or not available
for lease or sublease for aviation purposes, unless so authorized
for non-aviation uses by the city, must be removed after due notice
to the owner in writing or the city council will consider such structures
or hangars abandoned and will seek title to such structure or hangar.
(8)
Leased land from which any building, hangar, or structure is
removed, after due notice will be cleared, cleaned, and put back in
its original or acceptable condition.
(g)
Assignment and sub-letting.
Without the prior
written consent of, the city manager of his/her designee, the leased
premises or any rights there under (except to a leasehold mortgagee
as herein provided) may not be assigned. Any assignment or subletting
shall be expressly subject to all the terms and provisions of the
original lease.
(h)
Flying clubs.
A flying club ("club") shall meet
the following standards:
(1)
At the time of applying for a lease, license, permit or agreement
to operate at the airport, the club shall furnish the airport manager
or his/her designee with a copy of its documents of organization;
the club's list of members, including names of officers and managers;
evidence of required insurance; a description of all aircraft used;
evidence that such aircraft are properly certificated; evidence of
ownership of such aircraft; and any operating rules of the club.
(2)
All aircraft used by the club shall be owned by the club or
leased by written agreement to the club. No part of any revenues received
by the club shall inure to the direct benefit of any member (e.g.,
by salary or bonus). The club shall not derive greater revenue from
the use of its aircraft than the amount necessary for the operation,
maintenance and replacement of its aircraft and facilities.
(3)
The club's aircraft shall not be used by any person other than
the club's members and shall not be used by any person for hire, charter,
or air taxi. Flight instruction may be given in club aircraft.
(i)
Environmental issues and indemnification.
Any
tenant of the airport, its agents, employees, independent contractors,
or sub lessee shall not install, store, use, treat, transport or dispose
of any:
(1)
Asbestos in any form;
(2)
Urea formaldehyde foam insulation;
(3)
Transformers or other equipment which contain dielectric fluid
containing levels of polychlorinated biphenyls in excess of 50 parts
per million; or
(4)
Any other chemical, material, air pollutant, toxic pollutant,
waste, or substance which is regulated as toxic or hazardous or exposure
to which is prohibited, limited or regulated by the Resource Conservation
Recovery Act, the Comprehensive and Environmental Response Compensation
and Liability Act, the Hazardous Materials Transportation Act, the
Toxic Substances Control Act, the Clean Air Act, and/or the Clean
Water Act or any other federal, state, county, regional, local or
other governmental authority or which, even if not so regulated, may
or could pose a hazard to the health and safety of the occupants of
the leased premises, and which is either:
(j)
Environmental cleanup laws.
An airport tenant
will, at their own expense, comply with all existing or hereafter
enacted laws relating to hazardous materials (collectively, "cleanup
laws") in effect at the time of the lease, and all future laws thereafter.
An airport tenant will, at their own expense, make all submissions
to provide all information to, and comply with all requirements of
the appropriate governmental authority (the "authority") under the
cleanup laws. Should any authority require that a cleanup plan be
prepared and that a cleanup be undertaken because of the existence
of hazardous materials which were installed, stored, used, treated,
transported, disposed of or discharged on the leased premises, by
an airport tenant, its agents, employees, independent contractors
or sub lessees during the term of a lease, the airport tenant will
prepare and submit the required plans and financial assurances in
accordance with such cleanup laws. The airport shall be indemnified
and held harmless from and against all obligations, damages, injunctions,
fines, penalties, demands, claims, costs, expenses, actions, liabilities,
suits, proceedings and losses of whatever nature (including, without
limitation, attorneys' fees and court costs), and all cleanup or removal
costs and all actions of any kind arising out of or in any way connected
with the installation, storage, use, treatment, transporting, disposal
or discharge of hazardous materials in or on the leased premises by
an airport tenant.
(k)
Environmental notices.
An airport tenant shall
promptly supply the city council with copies of any notices, correspondence
and submissions made or received from any governmental authorities
of the United States Environmental Protection Agency, the United States
Occupational Safety and Health Administration, or any other local,
state or federal authority that requires submission of any information
concerning environmental matters or hazardous materials.
(l)
Environmental survival.
An airport tenant's liability
pursuant to any environmental issue shall survive the expiration or
earlier termination of their lease.
(m)
Stormwater compliance.
(1)
The airport is subject to federal stormwater regulations, 40
C.F.R. part 122 for "vehicle maintenance shops" (including vehicle
rehabilitation, mechanical repairs, painting, fueling and lubrication),
equipment cleaning operations and/or deicing operations that occur
at the airport as defined in these regulations and, if applicable,
state stormwater regulations. Each airport tenant shall become familiar
with these stormwater regulations if it conducts "vehicle maintenance"
or operates equipment cleaning operations and/or deicing activities
as defined in the federal stormwater regulations.
(2)
The city shall take steps necessary to apply for or obtain a
stormwater discharge permit as required by the applicable federal
and/or state regulations, including the leased property occupied or
operated by an airport tenant. A stormwater discharge permit issued
to the city may name an airport tenant as a co-permittee.
(3)
An airport tenant's close cooperation is necessary to ensure
compliance with any stormwater discharge permit terms and conditions,
as well as to ensure safety and to minimize costs. An airport tenant
may have to implement and maintain "best management practices," to
minimize the exposure of stormwater (and snow melt) to "significant
materials" generated, stored, handled or otherwise used as defined
in the federal stormwater regulations.
(4)
The city stormwater discharge permit is incorporated by reference
into each lease and any subsequent renewals.
(5)
The city will provide an airport tenant with a written notice
of those stormwater discharge permit requirements that are in the
city stormwater permit, that a tenant will be obligated to perform
from time to time, including, but not limited to:
(A)
Certification of non-stormwater discharges.
(B)
Collection of stormwater samples.
(C)
Preparation of stormwater pollution prevention or similar plans.
(D)
Implementation of "good housekeeping" measures or best management
practices; and maintenance of necessary records.
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Such written notice shall include applicable deadlines and an
opportunity to dispute any of the stormwater discharge permit requirements.
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(6)
Each airport tenant shall participate in any organized task
force or other work group established to coordinate stormwater activities
of the airport.
(n)
Nondiscrimination covenants.
(1)
Each lease will include as a covenant running with the land
to ensure that:
(A)
No person on the grounds of race, color, sex, or national origin
shall be excluded from participation in, denied the benefits of, or
be otherwise subjected to discrimination in the use of the leased
property;
(B)
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, sex or national origin, shall be excluded
from participation in, denied benefits of, or otherwise be subjected
to discrimination.
(2)
The right to conduct aeronautical activities for furnishing
services to the public is granted to an airport tenant subject to
the agreement:
(A)
To furnish said services on a fair, equal and not unjustly discriminatory
basis to all users.
(B)
To charge fair, reasonable, and not unjustly discriminatory
prices for each unit or service provided an allowance may be made
to make reasonable and nondiscriminatory discounts, rebates or other
similar types of price reductions to volume purchasers.
(o)
Insurance.
An airport tenant shall during the
term of lease maintain at their cost and expense insurance relating
to the leased premises as follows:
(1)
General public liability insurance against claims for bodily
injury, death or property damage occurring on, in, or about the leased
premises, such insurance to afford protection to city of not less
than $500,000.00 with respect to any one person, $1,000,000.00 with
respect to any one accident and not less than $200,000.00 with respect
to property damage.
(2)
Hangar keeper's liability insurance providing coverage for aircraft
not owned by the tenant and who operate an airport business in their
hangar in the following limits: $200,000.00 per aircraft and $400,000.00
per occurrence on property damage to aircraft in the care, custody,
or control of tenant.
(3)
All such policies of insurance shall be issued by insurance
companies acceptable to the city, shall name the city as an additional
insured or loss payee, as the case may be, and shall provide for at
least ten (10) days written notice prior to cancellation or modification.
(p)
Hold harmless.
The city shall not be liable to
an airport tenant's employees, agents, servants, customers, invitees,
or to any other person whomsoever, for any injury to persons or damages
to property on or about the leased premises or any adjacent area owned
by the city.
(Ordinance 6303 adopted 7/6/20; Ordinance
6523 adopted 9/6/2022)
By publication and adoption of this division, all persons shall
be deemed to have knowledge of its contents. However, the airport
manager or his/her designee is directed to have copies of this division
posted in paper or electronically, where appropriate. Copies shall
be available at all times in the airport manager’s office, and
copies shall be furnished to all owners and operators of aircraft
based at the airport.
(Ordinance 6303 adopted 7/6/20)
If and where there are conflicts in the rules and regulations
prescribed herein and the FAA’s Federal Aviation Regulations
(FAR), the latter shall prevail. If and where there exists a conflict
between any of the rules or regulations prescribed herein and any
other city rules applicable to the same area, the more stringent limitation,
or requirement shall govern and prevail.
(Ordinance 6303 adopted 7/6/20)
The airport manager may deny use of the airport for a period
not exceeding fifteen (15) days for any person violating or refusing
to comply with any of the rules or regulations prescribed herein pending
a hearing by the city council. Upon such hearing, such person may
be deprived of the further use of the airport and its facilities for
a period of time as may appear necessary for the protection of life
and property. Any violation of this division shall be a misdemeanor,
and upon conviction, be punishable by a fine not exceeding two hundred
dollars ($200.00), and each day a violation continues to exist shall
constitute a separate offense. This section is cumulative of all other
penalties for violation of federal, state, and local laws, rules,
regulations, ordinances, and orders. Citation for violation or issuance
of a violation ticket of any of the rules and regulations prescribed
herein may be made by any authorized police officer. The airport manager
or his/her designee or city council may request authorized police
officers to investigate any suspected violation of these rules.
(Ordinance 6303 adopted 7/6/20)
If any of the provisions of this division or the application
thereof to any person or circumstances is held invalid, such invalidity
shall not affect other provisions or applications of this division
which can be given effect without the invalid provision or application,
and to this end the provisions of this division are declared to be
severable.
(Ordinance 6303 adopted 7/6/20)
