The following words and phrases when used in this Chapter shall,
for the purpose of this Chapter, have the meaning respectively ascribed
to them as follows:
(A)
Airport manager:
The administrative head of
the department for airports of the City.
(B)
Airport:
The land, buildings, roads, hangars,
landing areas, and all property of the City included within any airport
district of the City.
(C)
Midland Air Terminal:
The landing field and
all property and facilities within the area constituting the Number
One Airport District of the City, located on U.S. Highway 80, approximately
nine miles southwest of the City.
(D)
Midland Airpark:
The landing field and all
property and facilities within the area constituting the Number Two
Airport District of the City, located approximately two miles northwest
of the City.
(E)
Resident aircraft:
Any aircraft, other than
an air carrier or aircraft used for hire or student training, in the
business of an aircraft service operator that remains in operation
at either the Midland Air Terminal or the Midland Airpark, or both,
using the same, or either or both of them, as a base for a period
of 30 days or longer.
(F)
Air carrier:
Any aircraft operated for hire
in which a pilot is provided, either for training purposes or passenger
or cargo purposes, operated on scheduled or nonscheduled flights,
including any aircraft operated or owned by an air transport line,
air feeder line, air cargo line, or charter service and excluding
any resident aircraft or aircraft of an aircraft service operator
engaged only in student flying activities or sightseeing flights.
(G)
Airline passenger carrier:
An air carrier,
other than an air carrier operated for charter service or charter
parties, operated for the transportation of passengers only or passengers
and air mail and air express.
(H)
Private aircraft:
Any aircraft other than an
air carrier.
(I)
Aircraft service operator:
Any person engaged
in the demonstration of aircraft and aircraft parts, the retail or
wholesale distribution of aircraft and aircraft parts, aircraft repairs,
aircraft storage, aircraft servicing, student flight training, sightseeing
by aircraft, aircraft rentals other than as an air carrier, or any
other activity connected with aircraft maintenance, servicing, storage,
rentals, sales or instruction for which a fee or service charge is
assessed or received.
(J)
Gasoline service operators:
Any person vending,
handling, storing, servicing or furnishing gasoline or oil, or both,
for use in such person's aircraft or the aircraft of another, with
or without a charge or profit, at wholesale or retail, or as an accommodation
for himself or another.
(K)
Concessionaire:
Any person engaged in the operation
of any restaurant, newsstand, vending machine, shop or business, other
than the business of an aircraft service operator, or the sale of
any goods, wares, or merchandise other than aircraft, aircraft parts,
gasoline or oil.
(L)
Motor carrier:
Any taxi, bus or other vehicle
operated for hire in which a driver is provided, either for passenger
or cargo purposes.
(M)
Person:
Any individual, firm, partnership,
association, corporation or entity, incorporated or otherwise, and
the agents, servants and employees thereof.
(Ordinance adopted 4/2/1947; Ordinance adopted 3/23/1948)
The right to use any airport or to exercise any privilege in
connection therewith, for any purpose, whether such right is granted
generally by the provisions of this Chapter or any other Code provision
or by lease, contract, permit or license, expressed or implied, shall
be subject to the conditions that:
(A)
All
fees or charges in connection with such use or privilege be paid as
the same accrue and become payable.
(B)
All
terms and provisions of this Chapter be fully and in good faith observed.
(C)
All
orders, rules or regulations made by the airport manager be fully
and in good faith observed.
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The right to use any airport or to exercise any privilege in
connection therewith shall automatically terminate upon the breach
of any of the foregoing conditions and any such right or privilege
so forfeited shall be reinstated or renewed only upon such terms and
conditions as the Council shall deem necessary to assure that the
foregoing condition will be satisfied. The use of an airport or the
exercise of any privilege in connection therewith shall constitute
an acceptance of the foregoing conditions and an acknowledgment that
such use or privilege is subject thereto.
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(Ordinance adopted 4/2/1947; Ordinance adopted 3/23/1948)
No owner or operator of aircraft shall engage in student flying
activities, except air transport lines, air feeder lines and air cargo
lines in the regular course of pilot checks and instrument practice
operation, at the Midland Air Terminal nor at any place within three
miles of the boundaries thereof, at any height less than 2,000 feet
above the surface of the ground.
(Ordinance adopted 4/2/1947; Ordinance adopted 3/23/1948)
No aircraft shall take off or land at the Midland Air Terminal
unless it is equipped with two-way radio communication or a comparable
means of communication, and is being navigated by a pilot holding
an effective, valid pilot's certificate of not less than private grade
issued by the proper agency of the government of the United States,
or an effective foreign pilot's certificate validated by such agency
of the government of the United States.
(Ordinance adopted 4/2/1947; Ordinance adopted 3/23/1948)
No aircraft shall take off or land at any airport unless the
owner of the aircraft holds an effective, valid certificate of airworthiness
from the proper agency of the government of the United States, and
the aircraft is operated according to the terms thereof.
(Ordinance adopted 4/2/1947; Ordinance adopted 3/23/1948)
Immediately after any aircraft lands and is properly parked
at any airport, and immediately before any plane leaves a parking
area and enters a runway or taxiway preparatory to taking off from
any airport, the pilot thereof shall notify the office of the airport
manager of the landing or takeoff, the registered number of the aircraft,
and such other information as may be requested by the office of the
airport manager to determine whether or not the provisions of this
Chapter have been observed. The airport manager shall prescribe forms
for making such reports.
(Ordinance adopted 4/2/1947; Ordinance adopted 3/23/1948)
There are hereby levied and imposed upon the owner and operator
of all aircraft and all persons performing services or furnishing
goods, wares or merchandise in connection therewith the following
fees and charges for the use of the landing area and the privilege
of performing such services or furnishing such goods, wares and merchandise,
and such fees and charges shall accrue and be due and payable to and
for the use and benefit of the City at the time and in the manner
hereinafter provided:
(A)
Landing
fees.
The fee established by contract between the carrier
and the City; provided, however, that such fee be not less than $0.08
per 1,000 pounds of gross landing weight for each scheduled flight.
(B)
Motor
carrier fees.
The fee established by contract between
the carrier and the City; provided that such fee be not less than
$0.08 per passenger to and from the airport.
(C)
Interest
on accrued and unpaid fees.
The amount of fees accrued
and not paid on or before the same become due and payable shall bear
interest from the due date until paid at the rate of ten percent per
annum.
(D)
Time
of payment.
All fees shall be payable in advance, except
that:
1.
All
fees based upon the gross value or volume of sales or gross revenue,
directly or in the alternative, shall be payable on or before the
tenth day of the month next succeeding the month to which the fees
are applicable; and
2.
All
landing fees for nonscheduled air carriers that are based upon the
gross weight of the aircraft shall be payable on the day the landing
occurs.
(E)
Place
of payment.
All fees shall be paid to the City at the
office of the airport manager.
(F)
Lien
to secure payment.
The right to use any airport or to
exercise any privilege in connection therewith, where the use or privilege
is subject to any fee or charge provided by provisions of this Code,
is reserved to the City and withheld from every person unless and
until the payment of such fees or charges to accrue and be incurred
have been secured by express agreement with the City, and every person
who shall use any airport or exercise any privilege in connection
therewith without first having expressly provided by agreement with
the City for security for such fees and charges shall, by the act
of using the airport or exercising any privilege in connection therewith,
grant, and give and consent to, a lien in favor of the City in the
amount of the fees and charges to be incurred by him, then or thereafter,
for such use or privilege, upon all property which he shall at any
time use, or have in his possession or under his control, at the airport,
in the same manner and to the same extent as if such lien were expressly
agreed to and contracted for, and any such lien shall be foreclosed
as provided by Vernon's Ann. Civ. St., Texas Rules of Civil Procedure,
Rule 309.
(G)
Military
and other aircraft owned and operated by the government of the United
States or the State of Texas.
Fees for use of the landing
area by, and provisions for performing any services or furnishing
any goods, wares or merchandise in connection with, any military,
naval or other aircraft owned and operated by the government of the
United States or the State of Texas, or any agency or department of
either of said governments, shall be determined and provided for by
agreement between the City and the agency or department of said governments,
and no person shall charge any fees in connection therewith or perform
any services or furnish any goods, wares or merchandise to such aircraft
unless and until permission therefor has been granted by ordinance
or resolution of the Council.
(H)
All
other aircraft.
Except as herein otherwise specifically
provided, the owners and operators of aircraft may use the landing
area, tiedown facilities, ramps and roadways of any airport in common
with others without charge; provided, however, that such use conforms
in all respects to the field rules, air traffic patterns, ground rules
and other rules, orders and provisions of this Code promulgated by
the airport manager and the Council relating to aircraft, air services
and aviation and to the civil air regulations and air traffic rules
of the Civil Aeronautics Administration or other proper agency of
the government of the United States and the State of Texas.
(I)
All
aircraft service operators and gasoline service operators are required
to enter into written contract with the City before they shall engage
in any activities at the airports of the City.
(Ordinance adopted 4/2/1947; Ordinance adopted 3/23/1948)
The use or occupancy for any purpose of any hangar, shop, warehouse,
office, building, or any portion of the grounds of any airport, except
the use of the landing area, tiedown facilities, ramps, and roadways
in common with others, by any person, shall be unlawful unless and
until application therefor has first been made to the airport manager
and a lease or contract for such use or occupancy has been made and
entered into by and between such person and the City.
The airport manager, for and on behalf of the City, shall have
authority and power to lease, for any period not exceeding one month,
by oral or written agreement, space in any hangar for the storage
of aircraft only and fix the rental or storage charge therefor. All
other leases or contracts shall be in writing, signed by the lessee
or user, approved by resolution of the Council, and executed on its
behalf by the Mayor and city secretary.
Leases or contracts may be made for any period not exceeding
five years, except that, in the case of housing facilities and hangar
site ground rentals or ground rentals for other airport facilities,
the lease or contract shall be for such period as may be agreed to
by the lessee and the City.
Every lease or contract shall be subject to the following provisions,
conditions and covenants, whether expressed therein or incorporated
therein by reference or not:
(A)
That
the lessee or user shall restore all buildings and the premises used
to the same condition and good order as that existing at the time
of entering upon the same, ordinary wear and tear excepted, at or
before the expiration or termination from any cause of the lease or
contract.
(B)
That
the lessee or user shall not make alterations, attach fixtures, or
erect additions, structures or signs in or upon the premises leased,
unless the plans and specifications therefor have been submitted to
the airport manager and the same have been approved in writing by
the airport manager or by resolution of the Council.
(C)
That
the lease or contract shall not be assigned, in whole or in part,
without prior approval of the Council.
(D)
That
the lessee or user shall keep the premises in a neat, safe and sanitary
condition at all times and that the City, its officers, agents and
employees shall have the right at reasonable times to enter and inspect
the premises and to make any necessary repairs thereto, or determine
that any obligation or covenant of the lessee or user to maintain
the premises in good repair has been observed.
(E)
That
the City shall have the right, as it sees fit, to further develop
or improve the area of the airport or any building or structure thereon
and to take any action it considers necessary or advisable to protect
the aerial approaches to the airport against obstruction and to increase
the usefulness of the airport and prohibit and prevent structures
and property which, in the opinion of the Council, constitute a hazard
to aircraft.
(F)
That
the lessee or user shall carry fire, wind and general insurance, as
well as public liability and property damage insurance, with such
coverage as the Council shall from time to time require by ordinance
or resolution, upon the premises, equipment and property under the
control of the lessee or user.
(G)
That
the lessee or user shall restore any building or other property destroyed
or damaged by fire or other casualty while the same is leased to or
occupied or used by him and under his control.
(H)
That
the lessee or user shall prevent his agents or employees, and all
persons coming upon any airport at his invitation, expressed or implied,
or to transact any business with him, from going upon or being at
any restricted or unsafe portion of the airport and shall assume all
liability and responsibility for, and shall indemnify and hold harmless
the City from, any damage or claim of any nature or kind whatsoever
by any such agent, employee or person, as well as the claims of any
other person, arising from, or attributable directly or indirectly
to, going upon or being at any restricted or unsafe portion of the
airport.
(I)
That
the lessee or user will indemnify and hold harmless the City from
all claims or demands of any kind or character whatsoever arising
out of, or connected in any way with, the demonstration of aircraft
and aircraft accessories or student flying activities conducted by
the lessee or user, his agents, employees, or students, or arising
out of the operation of any aircraft owned or operated by him, his
agents, employees or students.
(J)
That,
as between the lessee or user, and the City only, the lessee or user
shall assume all risks of every kind and character whatsoever incident
to the use of the airport or the exercise of any privilege in connection
therewith, including specifically, but not being limited to, the risk
of damage or injury arising from any act done or omitted to be done
by any other lessee, user or person, and that the lessee or user shall
indemnify and hold harmless the City, its officers, agents and employees
from any liability or loss to the lessee or user, its agents or employees,
arising out of the use of any airport or the exercise of any privilege
in connection therewith by the lessee or user, its agents or employees,
or by any other person.
(K)
That
the lessee or user, his agents, employees and students, shall fully
and faithfully observe all ground rules, air traffic rules, and other
rules, regulations or orders relating to safety or the prevention
of unsafe practices which shall be promulgated from time to time by
the airport manager.
(L)
That
the lessee or user, his agents, employees and students, shall fully
and faithfully observe all provisions of this Code, all laws of the
State of Texas and the rules, regulations and orders of any agency
or department thereof, and all laws of the United States of America
and the rules, regulations and orders of any agency or department
thereof, relating to air travel and commerce, aircraft and the maintenance
and operation of aircraft and facilities in connection therewith.
(M)
That
all rents or charges be paid monthly in advance in cash to the City
at the office of the airport manager.
(N)
That all fees and other charges imposed by Section 13-2-7 upon the lessee or user be paid at the time and in the manner herein provided.
(O)
That the lease or contract shall cease and terminate and be ineffective as to any unexpired portion of the term thereof automatically upon the expiration or termination of any permit or license granted to the lessee as user or required of the lessee under Section 13-2-10; or upon the failure, refusal or inability of the lessee or user to obtain or renew, or obtain the renewal of, any such permit or license.
(P)
That
the rights of the lessee or user shall be subordinate to the provisions
of any existing or future agreement between the City and the United
States of America relative to the operation or maintenance of the
airport, the execution of which was or may be required as a condition
precedent to the expenditure of funds of the United States government
for the development or improvement of the airport.
(Q)
That
the rights of the lessee or user shall be subordinate to the provisions
of any existing or future agreement between the City and the United
States of America for use of the airport or any part thereof during
time of war or national emergency for military or naval purposes,
and that any provisions of the lease or contract shall be suspended
insofar as the same are inconsistent with the provisions of such agreements
with the United States of America.
(R)
That,
in case of default in any covenants or conditions, the City may enforce
performance of the lease in any modes provided by law, and the lease
may be forfeited at its discretion if such default continues for a
period of ten days after the lessee or user is notified of such default
and the intention to declare the lease forfeited, such notice to be
sent by mail or otherwise to the leased premises; and thereupon (unless
the default has been completely removed or cured) the lease or contract
shall cease and come to an end as if that were the day originally
fixed for the expiration of the term thereof; and the City, its agent
or attorney shall have the right, without further notice or demand,
to reenter and remove all persons and property without being deemed
guilty of any manner of trespass and without prejudice to any remedies
for arrears of rent or breach of covenant, and the City shall have
a lien as security for the unpaid rent upon all property of the lessee
or user at the airport.
(Ordinance adopted 4/2/1947)
No lease or contract for the use of a site or space for the construction, erection or installation by the lessee or user of any hanger, office space, store, restaurant, service establishment, warehouse, building or other facility shall be made covering any portion of the grounds of any airport for so long as existing facilities at the airport are available and suitable for the intended purposes of the lessee or user. Leases or contracts for the use and occupancy of a site or space for the construction, erection or installation of any facility not available at any airport, or to take the place of unsuitable existing facilities at an airport, shall be made and entered into upon and conditions provided in Section 13-2-8 with the following exceptions in the case of a lease or contract for a site or space for any building, structure or facility other than for tanks or other means of storing or dispensing fuel:
(A)
The
lessee or user may assign or sell the lease or contract to any person
approved by the City Council.
(B)
The
lessee or user, his successors and assigns, shall have an option,
exercisable at any time within 30 days before the expiration of the
original term, to renew the lease or contract for an additional term
of not to exceed five years, to commence from the expiration of the
original term, at the yearly or monthly rental then in effect for
similar buildings, structures or facilities used for like purposes
at a comparable location at the airport and subject to the covenants
and conditions then provided in similar leases or contracts.
(C)
The
lease or contract shall be subject to such other and additional terms,
covenants and conditions as may be agreed to and incorporated in the
lease or contract.
(Ordinance 6424 adopted 7/24/1984)
It shall be unlawful for any aircraft service operator, gasoline
service operator, concessionaire or motor carrier to engage or offer
to engage in any activity at any airport, and for any other person
to perform or offer to perform any services, or to furnish or offer
to furnish any goods, wares or merchandise, or to engage or offer
to engage in any commercial activity, at any airport prior to the
time a permit for each such activity has been granted by the City
or after any permit for any such activity has expired or terminated
from any cause.
The City Council shall grant any such permit or renewal thereof by resolution duly adopted at any regular or special meeting of the Council and shall issue or cause to be issued by the city secretary such certificate or other evidence of the granting of the permit, or renewal thereof, as it shall from time to time prescribe. Permits and renewals thereof for any such activity shall be granted only upon application therefor made to the airport manager. Each application for a permit or renewal thereof shall be accompanied by the application fee, if any, provided by Section 13-2-7, and the application fee shall be promptly returned to the applicant if the permit is not granted.
Each application shall fully identify the applicant; specify
in detail the activities to be carried on by the applicant under the
permit, the amount and kind of space in any hangar, shop or other
building desired by the applicant, the name of the airport, and the
qualifications, training and previous experience of the applicant
and the agents or employees of the applicant, if such information
is then available, in the particular activity for which a permit is
requested; and shall include a financial statement, a complete inventory
of the aircraft and all other property or equipment to be employed
by the applicant in the particular activity for which a permit is
requested, at least three letters from persons familiar with the applicant,
attesting to the applicant's social and moral habits and previous
business experience and stating the circumstances under which the
persons acquired their knowledge of such matters, proof that all licenses,
certificates or permits required for or issued in connection with
the particular activity by any agency or department of the government
of the United States or the State of Texas have been issued and are
in good standing, and such additional information as may be requested
by the airport manager or the Council in passing upon the application.
The determination of the Council to grant or deny a permit for
any such activity shall be final and not subject to review. Any person
whose application for a permit has been denied shall, upon request,
be given a hearing thereon and an opportunity to present additional
information.
Each permit shall be granted or renewed subject to the following
specific conditions, limitations, restrictions, and reservations,
whether expressed in the permit or not.
(A)
That
the landing area, tiedown facilities, ramps and roadways may be used
in common with others to the extent necessary to carry on the activity
covered by the permit, subject to and in accordance with the field
rules, air traffic pattern and control rules, safety rules, and all
other provisions of this Code, and the air traffic rules of the Civil
Aeronautics Administration.
(B)
That all privilege fees provided by Section 13-2-7 and any amendment thereto applicable to the activity for which the permit is granted be promptly paid.
(C)
That, on or before the tenth day of each month, a full and complete report, on the form prescribed by the airport manager and approved by the Council, be made to the office of the airport manager showing the information necessary to determine the gross value or volume of sales or gross revenue for the immediately preceding month and the amount of the privilege fee applicable thereto under Section 13-2-7 or any amendment thereto.
(D)
That
all books and records of and concerning the activity be made available
at any reasonable time upon the request of the airport manager for
the purpose of an audit to determine the correctness of any report
made and the amount of any privilege fees applicable to the activity.
(E)
That
books and records be kept showing accurately the gross value or volume
of sales or gross revenue for the activity for the purpose of determining
the correct privilege fee applicable thereto.
(F)
That
all aircraft used in connection with the activity, together with all
other property and equipment, be registered at the office of the airport
manager.
(G)
That
public liability and property damage insurance, with such coverages
as the Council shall from time to time require by ordinance or resolution
be carried and maintained in force.
(H)
That
the permit shall not be assigned, directly or indirectly, to any other
person.
(I)
That
no activity shall be engaged in except the particular activities for
which a permit has been granted.
(J)
That
the person to whom the permit is granted shall prevent his agents
or employees, and all persons coming upon any airport at his invitation,
expressed or implied, or to transact any business with him, from going
upon or being at any restricted or unsafe portion of the airport and
shall assume all liability and responsibility for, and shall indemnify
and hold harmless the City from, any damages or claim of any nature
or kind whatsoever by any such agent, employee or person, as well
as the claims of any other person, arising from, or attributable directly
or indirectly to, going upon or being at any restricted or unsafe
portion of the airport.
(K)
That
the person to whom the permit is granted will indemnify and hold harmless
the City from all claims or demands of any kind or character whatsoever
arising out of, or connected in any way with, the demonstration of
aircraft and aircraft accessories or student flying activities conducted
by the person to whom the permit is granted, his agents, employees,
or students, or arising out of the operation of any aircraft owned
or operated by him, his agents, employees or students.
(L)
That,
as between the person to whom the permit is granted and the City only,
the person to whom the permit is granted shall assume all risks of
every kind and character whatsoever incident to the use of the airport
or the exercise of any privilege in connection therewith, including
specifically, but not being limited to, the risk of damage or injury
arising from any act done or omitted to be done by any lessee, user
or person, and that the person to whom the permit is granted shall
indemnify and hold harmless the City, its officers, agents and employees
from any liability or loss to him, his agents or employees, arising
out of the use of any airport or the exercise of any privilege in
connection therewith by him, his agents or employees or by any other
person.
(M)
That
the person to whom the permit is granted, his agents, employees and
students shall fully and faithfully observe all ground rules, air
traffic rules, and other rules, regulations or orders relating to
safety or the prevention of unsafe practices which shall be promulgated
from time to time by the airport manager.
(N)
That
the person to whom the permit is granted, his agents, employees and
students shall fully and faithfully observe all provisions of this
Code, all laws of the State of Texas, and the rules, regulations and
orders of any agency or department thereof, and all laws of the United
States of America and the rules, regulations and orders of any agency
or department thereof, relating to air travel and commerce, aircraft
and the maintenance and operation of aircraft and facilities in connection
therewith.
(O)
That
the rights of the person to whom the permit is granted shall be subordinate
to the provisions of any existing or future agreement between the
City and the United States of America, relative to the operation or
maintenance of the airport, the execution of which was or may be required
as a condition precedent to the expenditure of funds of the United
States government for the development or improvement of the airport.
(P)
That
the rights of the person to whom the permit is granted shall be subordinate
to the provisions of any existing or future agreement between the
City and the United States of America for use of the airport or any
part thereof during time of war or national emergency for military
or naval purposes, and that any provisions of the lease or contract
shall be suspended insofar as the same are inconsistent with the provisions
of such agreements with the United States of America.
(Q)
That
in case of default in any of the conditions, or in case of a violation
of any of the limitations, restrictions and reservations, applicable
to the permit, the City may enforce performance or observance thereof
in any of the modes provided by law, and the permit may be forfeited
at its discretion if the default continues for a period of ten days
after notice of such default or violation and the intention to forfeit
the permit is given by the airport manager by sending the notice by
mail or otherwise to the office or other address of the person to
whom the permit is granted and, unless the default or violation is
cured or stopped completely, the permit and all rights thereunder
shall cease and come to an end at the expiration of said ten days
as if that were the day originally fixed for the termination thereof.
(Ordinance adopted 4/2/1947; Ordinance 5719 adopted 3/10/1981)
The Council, upon the recommendation of the airport manager,
shall designate the buildings and areas included in any airport district
that are not suitable for, or are not currently required for, air
commerce or other aviation purposes and that are suitable or adaptable
for use as warehouses, stores, service establishments or any other
commercial, industrial, agricultural or livestock purposes not connected
directly with air commerce or the furnishing of services or goods,
wares or merchandise to air passengers or aircraft owners or operators.
Such nonaviation buildings and areas shall be leased by inviting competitive
bids. The invitation to bid shall designate the particular building
or area, the purpose for which it will be leased, the minimum and
maximum term for which it will be leased, and the time within which
bids must be submitted. The invitation to bid shall be publicized
in any manner which the Council may determine. All bids submitted
shall be sealed and delivered to the city secretary. At the time announced
in the invitations, the bids shall be opened in the presence of a
majority of the Council, and no award shall be made except to one
of such bidders. The Council shall determine the most advantageous
bid for the City and shall award the lease to such bidders, but the
Council shall have the right to reject any and all bids and, in the
event all bids are rejected, may call for new bids. Pending the time
for submitting bids, the terms and conditions of the lease that is
to be made and entered into with the successful bidder shall be on
file in the office of the city secretary and the airport manager for
inspection of all persons desiring to bid. The building or area shall
also be made available for inspection by all persons desiring to bid.
The rental for such nonaviation buildings and areas shall be
based upon the number of square feet of area, a fixed annual or monthly
rental, a percentage or share of the gross value or volume of sales,
or any combination thereof, as the Council shall determine and cause
to be stated in the invitation of bids.
Each lease shall be in writing, executed by the lessee, approved
by resolution of the City Council, and executed on behalf of the City
by the Mayor and city secretary.
(Ordinance adopted 4/2/1947; Ordinance 5719 adopted 3/10/1981)
The Council, upon recommendation of the airport manager, shall
designate the buildings included in any airport district that are
suitable for housing or conversion to housing accommodations, and
are not required for air commerce or other aviation purposes, and
such buildings shall be offered for lease upon such terms and subject
to such conditions as the Council may prescribe by ordinance or resolution.
No lease, contract or agreement for the use of a site or space for
the construction, erection or conversion by the lessee of any housing
accommodations or apartment shall be made covering any portion of
the grounds of any airport district for so long as existing buildings
at the airport are available and suitable, or could be made suitable,
for use as housing accommodations or apartments.
(Ordinance adopted 4/2/1947; Ordinance 5719 adopted 3/10/1981)
The Midland Air Terminal shall be open for public use at all
hours of the day subject to the restrictions provided in this Chapter
and to such other restrictions due to inclement weather, the condition
of the landing area, the presentation of special events and like causes,
as may be determined by the airport manager.
The Midland Airpark shall be open for public use at all hours
when landings and takeoffs may be made without the assistance of artificial
lighting and at such times when artificial lighting is required for
landings or takeoffs as may be determined by the airport manager,
subject to such restrictions due to inclement weather, the condition
of the landing area, the presentation of special events and like causes,
as may be determined by the airport manager.
(Ordinance adopted 4/2/1947; Ordinance 5719 adopted 3/10/1981)
In order to promote and provide for the general welfare, safety,
peace and good order in air travel and transportation and the use
of the airports, it shall be unlawful for any person:
(A)
To
navigate any aircraft over, land upon or take off from, or service,
repair or maintain any aircraft on any airport or conduct any operation
on or from any airport otherwise than in conformity with the rules
and regulations of the Civil Aeronautics Administration of the United
States of America, and such rules and regulations are hereby referred
to, adopted and made a part of this Chapter as fully in all respects
as if particularly set forth in this Chapter.
(B)
To
do any act prohibited by, or to omit any act required by, rules, regulations
and orders promulgated by the airport manager for the purpose of implementing,
supplementing or carrying into effect with respect to all phases of
air travel and transportation the provisions of this Code, the laws,
rules and regulations of the State of Texas or any proper agency thereof,
the air traffic rules of the Department of Commerce, Civil Aeronautics
Administration, and such other local air traffic rules and ground
rules relating to safety or the prevention of unsafe practices.
(C)
To
drive any vehicle or walk or to be carried upon or to enter the loading
aprons, taxiways, runways or useable landing area at any time as a
spectator or for the purpose of sightseeing or any other purpose not
authorized by the airport office.
(D)
To
park any automobile or vehicle outside of the limits of designated
parking areas for the particular kind or type of automobile or vehicle.
(E)
To
taxi any aircraft on a loading apron or parking apron at a speed in
excess of 20 miles per hour, and to taxi any aircraft not equipped
with adequate brakes on a loading apron or parking apron at any speed
unless an attendant is at all times beside at least one wing.
(F)
To
taxi any aircraft on a loading apron so as to enter any area where
passengers are entering or leaving any aircraft.
(G)
To
taxi any aircraft in the vicinity of aircraft landing or taking off,
or to fail to completely stop an aircraft being taxied in the vicinity
of aircraft landing or taking off.
(H)
To
taxi any aircraft upon a runway except as a necessary part of taking
off or landing.
(I)
To
taxi any aircraft at night or after sunset unless the navigation lights
and at least one landing light, if equipped with landing lights, are
turned on and burning.
(J)
To
leave any aircraft standing or parked outside of a designated parking
area at night or after sunset unless the navigation lights and at
least one landing light, if equipped with landing lights, are turned
on and burning.
(K)
To
take off or land, except in case of emergency or accident, on any
loading apron, parking apron, taxiway or any place other than a runway.
(L)
To
leave any disabled or wrecked aircraft on any taxiway or runway or
any place other than a designated parking area overnight unless specific
prior authority has been granted by the airport office and the aircraft
is guarded and danger lights are displayed around it.
(M)
To
park any aircraft or vehicle within 25 feet of a fire hydrant.
(N)
To
leave any aircraft unattended on any loading apron, taxiway, runway
or area other than a designated parking area.
(O)
To
fail to securely tie down any unattended aircraft.
(P)
To
run up or check any aircraft engine within 100 feet of the terminal
building or administration building or to run up or check any aircraft
engine at any place without having adequate brakes fully set or without
having the wheels set with blocks equipped with ropes or other suitable
means for removing the blocks, or to start or run any aircraft engine
in any hangar.
(Q)
To
start or run any aircraft engine without a competent operator or pilot
at the controls of the aircraft.
(R)
To
fuel or drain any aircraft while the engine is running, or while in
a hangar or other enclosed place, and without equipment for grounding
static electricity continuously during such fueling or draining operation.
(S)
To
bring, keep or store cylinders, flasks or open containers for any
inflammable fuel in any hangar except in the fuel tanks of aircraft
or such other containers as may have been approved in advance for
use in hangars by the airport manager.
(T)
To
clean, repair, paint or assemble motors, aircraft parts or aircraft
within the storage area of any hangar when inflammable fluids or substances
or open flames are used in such cleaning, repairing or assembling.
(U)
To
smoke or ignite any match or cigarette lighter in any hangar or building
used for the storage or repair of aircraft or fuel therefor except
in offices, waiting rooms or portions of such buildings in which smoking
is authorized by the airport manager, or at any other place where
a "no smoking" sign is displayed.
(V)
To
leave any aircraft on the landing or takeoff area for the purpose
of instructing students between flights.
(W)
To
take off or land any aircraft contrary to the instructions of the
control tower and the air traffic pattern established for the airport.
(X)
To
take off, land or operate any aircraft from, at or over any airport
while under the influence of, or using, any intoxicating liquor or
habit-forming drug.
(Y)
To
borrow or use or enter any aircraft, or to borrow or use aircraft
parts or accessories or tools or other equipment owned or controlled
by any other person and stored or otherwise left at the airport without
the consent of the owner or operator thereof.
(Z)
To
park a disabled or damaged aircraft on any paved or sodden surface
at Midland Regional Airport or Midland Airpark in excess of 30 days.
The aviation director shall notify the owner of the aircraft found
to be in violation of this provision in writing that said owner shall
remove the aircraft or place it in operable condition within seven
days of receipt of said notice. Failure to comply with the provisions
of this subsection is punishable by a fine of not less than $25.00,
nor more than $200.00, with each day that such violation continues
constituting a separate offense. In addition to the foregoing the
director of aviation of the City is hereby authorized to order and
provide for the removal of said disabled or damaged aircraft from
the offending location at the sole expense of the owner.
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The landing area, runways, taxiways, loading aprons, parking
aprons, parking areas and other areas and buildings referred to in
the foregoing provisions of this Section shall respectively refer
to and indicate the landing area, runways, taxiways, loading aprons,
parking aprons, parking area or other particular type of area or building
as designated by the airport manager and delineated on the ground
by signs or markers or upon the map or plan of the airport.
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(Ordinance adopted 4/2/1947; Ordinance 5719 adopted 3/10/1981)
It shall be unlawful for any person who incurs or who is directly
or indirectly responsible for incurring any landing fee, privilege
fee or other fee or charge of any nature or kind whatsoever levied
or imposed by or payable to or for the benefit of the City on account
of or as a result of the use of any airport by, or the furnishing
or sale of any services, goods, wares or merchandise to, for, or in
connection with, any aircraft, or to take off or cause the taking
off or attempt to take off from any airport any aircraft owned, operated
or otherwise in the possession or under the control or supervision
of such person, unless and until all such fees and charges have been
satisfied and paid in full, and the airport manager is hereby authorized
and instructed to close and deny to such person the use of the runways,
taxiways, and other parts of any airport capable of being used for
taking off aircraft, unless and until such fees and charges have been
so satisfied and paid.
(Ordinance adopted 4/2/1947)
No sign, billboard or advertising device shall be installed,
erected, constructed or maintained within the boundaries of any airport
district of the City unless and until the location, size, height,
materials and subject matter thereof have been approved by the airport
manager, as evidenced by a drawing or specification thereof filed
in the office of the airport manager bearing his written endorsement
of approval.
(Ordinance adopted 4/2/1947)
Except as otherwise herein provided, there is hereby reserved
to the City in the public interest any right to use or exercise any
privilege at or in connection with any airport.
The right to use or exercise any privilege at or in connection
with any airport is limited by the extent of the facilities available
therefor at the airport, and there is hereby reserved to the City
in the public interest the right to deny to any person the use of
or the exercise of any privilege at or in connection with any airport
whenever facilities therefor are unavailable either because of the
absence of such facilities or because existing facilities are then
being fully utilized by others.
There is hereby further reserved to the City in the public interest
the exclusive right to judge, determine and pass upon the qualifications
and fitness of any person to use or exercise any privilege at or in
connection with any airport, and to deny an unqualified or unfit person
such use or privilege whenever in the judgment or opinion of the Council
such action is necessary or desirable for the purpose of promoting
the protection and preservation of the public health, safety, order,
property and general welfare of the City and its inhabitants.
(Ordinance adopted 4/2/1947)
The traffic code of the City, now in effect and as hereafter
amended or supplemented, shall be applicable to and is hereby extended
so as to apply to the area included in any airport district of the
City.
(Ordinance adopted 4/2/1947)
Persons, incorporated and unincorporated, engaged in the business
of air transportation with respect to persons, property, cargo and
mail are expressly exempted from the provisions of this Chapter; conditioned,
however, that such person or persons shall first have entered into
a contract with the City, acting through and by its Council, regulating
the use by such person or persons of airports and air terminals operated
by the City.
(Ordinance adopted 10/14/1947)
It shall be unlawful to park an aircraft at Midland Airpark
in any area which is not designated a public aircraft parking area.
The public aircraft parking areas are the 2.798-acre, 2.009-acre and
0.386-acre tracts described below, and all such areas shall be clearly
marked and signed as a public aircraft parking area by the person
or persons maintaining such areas, to the satisfaction and approval
of the director of aviation.
A fee not to exceed $25.00 per month for locally based aircraft
or $1.50 per day for transient aircraft may be charged by the lessee
of said ramps for parking aircraft in the designated parking areas.
Should anyone violate any of the above provisions of this Section,
that person shall pay a fine not to exceed $200.00.
The parking areas are described as follows:
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A 2.798-acre tract in Section 15, Block 39, T-1-S, Midland County,
Texas, further described as follows:
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Beginning at a "t" set on concrete at the most easterly
corner of this tract from whence the southeast corner of said Section
15 bears N 74°50′30″ E a distance of 619.73 feet
and S 15°09′30″ E a distance of 3,118.84 feet;
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Thence S 29°51′27″ W a distance
of 325.00 feet to a "t" set on concrete on the most southerly corner
of this tract;
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Thence N 60°08′33″ W a distance
of 375 feet to a 60d nail set in a concrete joint at the most westerly
corner of this tract;
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Thence N 29°51′27″ E a distance
of 325 feet to a 60d nail set in a concrete joint at the most northerly
corner of this tract;
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Thence S 60°08′33″ E a distance
of 375 feet to the point of beginning.
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Contains 121,875 square feet.
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AND
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A 2.009-acre tract in Section 15, Block 39, T-1-S, T&P Survey,
Midland County, Texas:
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Beginning at a railroad spike set as the most easterly
corner of this tract, from whence the southeast corner of said Section
15 bears N 74°50′30″ E 839.77 feet and S 15°09′30″
E;
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Thence S 29°51′27″ W along the
northwesterly edge of an old concrete apron, a distance of 500 feet
to a railroad spike set at the most southerly corner of this tract;
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Thence N 60°08′33″ W a distance
of 175 feet to a one-half-inch iron rod with cap marked RPS-1974,
set at the most westerly corner of this tract;
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Thence N 29°51′27″ E a distance
of 500 feet to a one-half-inch iron rod with cap marked RPS-1974,
set at the most northerly corner of this tract;
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Thence S 60°08′33″ E a distance
of 175 feet to the point of beginning.
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Contains 87,500 square feet.
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AND
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A 0.386-acre tract in Section 15, Block 39, T-1-S, Midland County,
Texas, further described as follows:
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Beginning at a "t" set in concrete at the most easterly
corner of this tract, from whence the southeast corner of said Section
15 bears N 70°50′30″ E a distance of 441.47 feet
and S 15°09′30″ E a distance of 3,350.72 feet;
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Thence S 29°51′27″ W a distance
of 240 feet to a "t" set in concrete at the most southerly corner
of this tract;
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Thence N 60°08′33″ W a distance
of 70 feet to a "t" set in concrete at the most westerly corner of
this tract;
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Thence N 29°51′27″ E a distance
of 240 feet to a "t" set in concrete at the most northerly corner
of this tract;
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Thence S 60°08′33″ E a distance
of 70 feet to the point of beginning.
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Contains 16,800 square feet.
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(Ordinance 6137 adopted 1/25/1982)
(A)
Definitions.
As used in this Section:
1.
ConRAC means a consolidated rental car facility.
2.
Customer facility charge (CFC) means a user fee imposed
on a transactional basis on a person renting a motor vehicle from
an on-site vehicle rental concessionaire at Midland International
Air and Space Port. The total CFC assessed per transaction shall be
a product of the transaction days that are subject to agreement between
the person and the on-site vehicle rental concessionaire. The CFC
does not constitute income, revenue, or assets of the on-site vehicle
rental concessionaire, and is, at all times, property of the City
of Midland.
3.
On-site vehicle rental concessionaire means any person,
association, corporation, entity or other organization that enters
into an agreement with the City of Midland for the purpose of occupying
facilities located at Midland International Air and Space Port to
offer motor vehicle rental concession services.
4.
Person means any person, association, corporation, entity
or organization that arrives at Midland International Air and Space
Port and enters into an agreement either (a) directly with an on-site
vehicle rental concessionaire; or (b) with a third party, if such
agreement with the third party was facilitated, arranged, or otherwise
coordinated by an on-site vehicle rental concessionaire.
5.
Transaction day means a 24-hour period, or fraction thereof,
that is subject to an agreement between a person and an on-site vehicle
rental concessionaire.
(B)
A
customer facility charge (CFC) is hereby established and shall be
charged to each person renting a motor vehicle from an on-site vehicle
concessionaire.
(C)
Airport
Manager; Powers and duties.
1.
The
Airport Manager is authorized to implement and administer the CFC
consistent with the provisions of this Section and the City Code of
Midland, Texas.
2.
The
Airport Manager may deem an on-site vehicle concessionaire that fails
to comply with this Section in default of its agreement with the City
of Midland, regardless of whether said agreement incorporates the
provisions of this Section, and may recommend said agreement's termination
to the City Council.
(D)
On-site
vehicle concessionaire's duties.
An on-site vehicle concessionaire
shall:
1.
Charge
and collect from each person the total amount of the CFC due under
the agreement between the person and the on-site vehicle concessionaire
at the time the final number of transaction days are determined and
shall list the CFC separately on the invoice, describing it as a "customer
facility charge";
2.
Remit
the total amount of the CFC to the City on a monthly basis, and not
later than the 15th day of the month following
the month in which the CFC is paid by the person, along with supporting
documentation in a format acceptable to the Airport Manager.
3.
Maintain
adequate records that account for the CFC charged to its customers
and collected for the benefit of the City of Midland, in accordance
with generally accepted accounting principles, and make said records
available to the City of Midland upon the request of the Airport Manager.
(E)
Permitted
uses of the customer facility charge funds.
All funds
collected from the imposition of the CFC shall be designated as such
and used only for the study, design, construction, operations, management,
and maintenance of:
(F)
Amount
of customer facility charge.
The customer facility charge
shall be based on the rate found in the City of Midland Fee Ordinance.
(Ordinance 10266, sec. 1, adopted 12/14/2021)
