This division is a summary of the obligations and services which
should be provided by a fixed base operator (FBO). This guideline
may be attached to and become part of an actual lease agreement between
an FBO and the airport owner. Should the actual lease agreement be
more or less restrictive than this guideline, the lease would take
precedence.
(Ordinance 1369 adopted 11/21/2023)
Airport tenant.
An airport tenant is a person, firm, or corporation leasing
or using airport property solely for the purpose of storing an aircraft
and is not engaged in or providing any aviation related commercial
activity or service at the airport. An airport tenant is not authorized
to function as or provide the services of an FBO.
Fixed base operator.
A fixed base operator is a person, firm, or corporation performing
any of the functions or furnishing any of the services listed herein
on a commercial basis. No person, firm, or corporation may act in
the capacity of an FBO without a valid contract with the city authorizing
such activity at the airport.
(Ordinance 1369 adopted 11/21/2023)
(a)
Services.
(1)
An FBO is authorized to offer or perform any or all of the following
services or functions for the public. The guidelines for each service
or function are listed.
(A)
Airframe or power plant repair.
Sufficient hangar
space, FAA certified mechanic on duty, paved outside parking area
for aircraft, and paved access to the runway-taxiway system (if connecting
runway or taxiway is paved).
(B)
Fueling.
Avgas and jet fuel storage tanks (tanks
must be state approved and registered if required), fuel delivery
by means of pumps and/or trucks, trained and qualified fueling technician,
plan of action in case of a massive fuel spill, and at least the minimum
number of working fire extinguishers and bonding cables as recommended
in the latest edition of the National Fire Protection Association
booklet, Manual 407 - "Standard for Aircraft Fuel Servicing, 2001
edition," (or as revised) published by the National Fire Protection
Association, 1 Batterymarch Park, P.O. Box 9101, Quincy MA 02269-9101,
800-344-3555. Fuel pumps and trucks must meet all applicable local
and state codes and be approved for use by the local fire marshal.
(C)
Line service.
Properly trained personnel; ropes,
chains, or other restraining devices and wheel chocks for each tie
down position.
(D)
Aircraft sales and/or rental.
Sufficient office
space, aircraft display area, telephone, and aircraft inventory.
(E)
Flight instruction.
Trained and certified instructor,
classroom, telephone and restrooms, and aircraft available for instruction.
(F)
Avionics.
Shop area, office space with telephone
and restrooms, and trained and certified personnel on duty.
(G)
Aircraft storage.
Sufficient hangar, T-hangar,
and tie down spaces.
(H)
Air taxi and charter.
FAA part 135 certification,
aircraft with sufficient hangar, T-hangar, or tie down space, office
with telephone and restrooms, and aircraft loading or unloading area.
(I)
Agricultural spraying operation.
Qualified pilot,
aircraft designed for such purpose, qualified personnel on duty to
properly handle dangerous chemicals, secure area to store chemicals,
and properly designed and constructed wash down pad.
(J)
Other as agreed on by contract.
Including but
not limited to paint and interiors, telephone for public use, ground
transportation into town, pilot and passenger lounge with restrooms,
retail business area with restrooms, coffee and/or soft drinks.
(2)
If required, hangar space, shop areas, restrooms, and other
equipment as well as sufficient personnel shall not necessarily be
accumulative for each service provided. For example, if an FBO provides
both flight instruction and aircraft sales, both functions could be
serviced by the same restrooms and telephone. The actual contract
agreement between an FBO and the airport owner shall spell out the
required services of each FBO and the square footage, number of personnel,
etc. which must be provided by that FBO.
(b)
Requirements.
An FBO is required to perform the
following functions or abide by the following rules:
(1)
Install, operate, maintain, repair, and store all equipment
necessary for the conduct of the FBO's business subject to the
approval of the airport owner.
(2)
Use, with others so authorized, any common areas or equipment
on the airport including, but not limited to, the runways, taxiways,
public aircraft and auto parking aprons, roadways, and navigational
aids.
(3)
Upon termination of the lease, return any leased property to
the airport owner in the same condition as it was at the start of
the lease, normal wear excluded. Any improvements or additions made
to real property during the term of the lease will become property
of the airport owner at the termination of the lease.
(4)
Will not prevent any person, company, or employee of a company
from servicing, maintaining, or fueling their own aircraft that might
be parked or hangared at the airport.
(5)
Make its business open to all forms and classes of aeronautical
use.
(6)
Submit to and abide by periodic safety inspections by the airport
owner, the FAA, and/or the Texas Department of Transportation.
(7)
Maintain all leased areas and the interior and exterior of any
leased or constructed buildings to an acceptable standard.
(8)
Remove and properly dispose of any trash from the leased property.
(9)
Notify and gain approval of the airport owner of any intended
reduction of services which are included in the FBO's lease agreement.
(10)
Furnish all applicable services in a fair, equal, and nondiscriminatory
manner to all airport users.
(11)
Abide by any and all rules, requirements, or mandates placed
upon the airport owner by the FAA or the state including, but not
limited to, the grant assurances of FAA grants and the terms and conditions
of state grants.
(12)
An FBO does not have the right to perform any service or business
on the airport unless such service or business is included in the
current lease agreement with the airport owner.
(13)
An FBO's rights do not supercede the airport owner's
rights and obligations.
(Ordinance 1369 adopted 11/21/2023)
The airport owner retains the right and/or obligation to do
the following:
(1)
Perform any or all of the functions of an FBO. If so inclined,
the airport owner may retain a proprietary right to offer any or all
FBO services and/or products and allow no FBO to offer the same services
or products at the airport.
(2)
Enter into contracts with other FBO's to operate similar
or competitive businesses at the airport without regard to the wishes
or desires of existing FBO's. Any new contracts will be written
to standards applicable at that time. If a new contract agreement
gives an economic advantage to the new FBO, the airport owner may
renegotiate its contract with the disadvantaged FBO; however, under
no circumstances will the airport owner be held liable or required
to pay damages for services, equipment or any other obligations which
were required by past or current contracts.
(3)
Approve an FBO's placement of buildings, parking areas,
or equipment to assure such development is accomplished in an orderly
fashion and does not impede the future development or expansion of
the airport as shown on an FAA or Texas Department of Transportation
approved Airport Layout Plan or Master Plan.
(4)
Maintain the airport in a safe and serviceable condition.
(5)
Collect all fees for the use of the airport; these fees include
lease of hangar space, office space, T-hangar space, aircraft or auto
parking areas, fuel flowage fees, and tie-down fees. The airport owner
may charge these fees as long as such fees are fair and appropriate
and not intended to discriminate for or against any FBO or airport
user or type of user.
(6)
Increase or decrease the fee or required services of an FBO
at any time the FBO's contract is renegotiated or at any such
time as authorized by the lease contract.
(7)
Impound any personal property, tools, furniture, aircraft, or
equipment located on the leased property and hold or liquidate such
until all fees and taxes due the airport owner are paid, subject to
a court judgement.
(8)
Reserve the right to take any actions necessary to protect the
safety and usability of the airport and the approach surfaces to all
runway ends.
(Ordinance 1369 adopted 11/21/2023)
(a)
Service charge.
An FBO must pay all responsible
rentals, fees, or charges in a timely manner. The airport owner retains
the right to assess a service charge for any late payments due to
the owner.
(b)
Bond.
An FBO must show proof of financial responsibility
or be properly bonded with the airport owner listed as beneficiary
in the event the FBO cannot or will not return the property to an
acceptable condition after the term to the lease or if the lease is
prematurely terminated.
(c)
Utilities.
An FBO must arrange for water and waste
water, gas, electricity, telephone, and any other utilities it uses
on the airport and pay all responsible charges in a timely manner
throughout the term of the lease.
(d)
Taxes.
An FBO will pay all responsible taxes in
a timely manner.
(e)
Other bills.
An FBO will pay all responsible bills
in a timely manner.
(f)
Under no circumstances will the airport owner be responsible
for payment of any taxes or bills owed by an FBO.
(Ordinance 1369 adopted 11/21/2023)
The airport owner will provide insurance for all real property
located at the airport under the owner's policy. This policy
will be for the sole benefit and protection of the airport owner.
(1)
The FBO will be required to provide adequate insurance coverage for his personal property and the contents of any buildings under lease (see section
1.11.007(b)(4)(B)(iv)).
(2)
The FBO must furnish current proof of these policies to the
airport owner and any changes in those policies must have prior written
approval of the airport owner.
(Ordinance 1369 adopted 11/21/2023)
(a)
An FBO will not engage in the solicitation of its fueling or
other services on or about the airport in a loud, offensive, or objectionable
manner. In the event of such questionable conduct, the airport owner
will be the sole judge in determining if said conduct is a violation
of the lease agreement and take any and all necessary steps to eliminate
the undesirable condition, up to and including the termination of
the FBOs lease contract.
(b)
An FBO will conduct business on the airport in such a manner
as to maintain a friendly and cooperative, though competitive, relationship
with other operators engaged in similar businesses on the airport.
An FBO will not engage in open public disputes, disagreements, or
conflicts which would tend to deteriorate the quality of service of
either party involved or which would be incompatible with the best
interest of the public or the airport. The airport owner has the right
to resolve all such disputes, disagreements, or conflicts and the
airport owner's determination will be binding upon all FBO's
operating at the airport.
(Ordinance 1369 adopted 11/21/2023)
Any land, building, paved area, and other infrastructure leased
to an FBO are to be used and occupied solely for the purpose of operating
a fixed base operation and no other. The leased airport property cannot
be sublet or divided, except for parking aircraft in hangars, T-hangars,
or tie down spaces without the written permission of the airport owner.
Should the FBO become deceased, be adjudged to be incompetent, or
his business declared bankrupt or become insolvent, the leased property
and the executed lease contract shall not be considered as a part
of the FBO's estate or an asset of any appointed or assigned
guardian, trustee, or receiver. In such cases, the FBO's lease
will immediately terminate and all rights and property returned to
the airport owner.
(Ordinance 1369 adopted 11/21/2023)
An FBO may not park vehicles, trailers, motor homes, mobile
homes, or any other vehicle or trailer on airport property without
written approval of the airport owner.
(Ordinance 1369 adopted 11/21/2023)
An FBO must abide by all laws, rules, regulations, guidelines,
terms, and conditions of the airport owner, the Texas Department of
Agriculture, the Environmental Protection Agency, the National Fire
Protection Association, the local and state fire marshals, the Texas
Department of Transportation, the Federal Aviation Administration,
and any other applicable agencies in regard to the use and storage
of pesticides, or other dangerous chemicals, the storage and dispensing
of aircraft fuel, the storage, dispensing, and disposal of engine
oil, the maintenance and upkeep of the airport facilities, the operation
of the FBO's business, and the general safety and operation of
the airport.
(Ordinance 1369 adopted 11/21/2023)