A. 
The city is the owner of the airport, as modified in the agreement, and shall maintain ownership of the property and facilities of the airport; however, the board shall have the authority to lease the airport property and facilities on behalf of the city pursuant to the agreement and subject to the requirements of the FAA, and may hereafter be referred to as the airport authority or lessor.
B. 
The minimum standards and requirements for commercial aeronautical activities set forth in this article have been established in the public interest for the safe and efficient operation of the airport; to enhance its orderly growth; to preclude the granting of an exclusive right to conduct an aeronautical activity in violation of Section 308(a) of the Federal Aviation Act of 1958; to conform to Title VI of the Civil Rights Act of 1964 and Part 21 of the Department of Transportation Regulations; and to assure to all lessees the availability of airport property on fair and reasonable terms and without unjust discrimination.
(Ord. 2653 § 1, 1976. Formerly 13.12.420; Ord. 3775 § 1 (Exh. A), 2012)
A fixed base operator is defined as any person, firm or corporation performing any of the functions or furnishing any of the services set out in this article for fixed base operators at the airport. No person, firm or corporation shall engage in any commercial activity as a fixed base operator as defined in this article or other commercial activity unless the same is done in full compliance with the standards, rules and regulations set forth in this article.
(Ord. 2653 § 1 (1), 1976. Formerly 13.12.430; Ord. 3775 § 1 (Exh. A), 2012)
All fixed base operators and airport tenants shall protect the public generally, the customers or clients of such fixed base operators, the city, and the board from any and all damages, claims or liability and shall carry comprehensive general liability insurance in a company authorized to do business in the state with limits of not less than one hundred thousand dollars per person, three hundred thousand dollars for each occurrence for personal injury and one hundred thousand dollars property damage with the city and board named as an additional insured, which policies must be approved by the airport manager and a certificate of insurance thereof furnished to the board. It is further understood that as circumstances in the future dictate, the board may require an increase in bodily injury and property damage insurance and may require fire legal liability insurance.
(Ord. 2653 § 1 (3), 1976. Formerly 13.12.450; Ord. 3775 § 1 (Exh. A), 2012)
A. 
A fixed base operator shall satisfy the lessor that it is technically and financially able to perform the services of a fixed base operator. This shall include the responsibility for demonstrating continued financial solvency and business ability by the submitting of an annual balance sheet, credit references and any other proof that the lessor may require from time to time. In cases of doubt by the lessor of such ability of a fixed base operator, the lessor may conduct a hearing to determine appropriate action. In each instance, the lessor shall be the final judge as to the qualifications and financial ability of the lessee.
B. 
All operators at the airport shall be full-time, financially sound and progressive business enterprises, with adequately manned and equipped facilities, including ample office facilities, and who observe normal or specifically required business hours.
(Ord. 2653 § 1 (4), (9), 1976. Formerly 13.12.460; Ord. 3775 § 1 (Exh. A), 2012)
Any person, firm or corporation capable of meeting the minimum standards set forth in this article for any of the stated categories is eligible to become a fixed base operator at the airport, subject to the execution of a written lease for not less than five years containing such terms and conditions as may be determined by the board. A fixed base operator or airport tenant shall not engage in any business or activity on the airport other than that authorized under his particular category or categories. Any fixed base operator desiring to extend his operation into more than one category or to discontinue operations in a category shall first apply in writing to the board for permission to do so, setting forth in detail the reasons and conditions for the request. The board shall then grant or deny the request on such terms and conditions as the board deems to be prudent and proper under the circumstances. Each fixed base operator shall provide his own buildings or may lease buildings from the board that were previously constructed by a fixed base operator, and shall provide his own personnel and equipment, and other requirements as stated in this article upon land leased from the board. Provided, however, agreements authorizing business or activity on the airport where no lease of airport property being requested may be granted for periods of lesser duration than five years with board approval.
(Ord. 2653 § 1 (5), 1976. Formerly 13.12.470; Ord. 2964 § 1, 1984; Ord. 3775 § 1 (Exh. A), 2012)
All fixed base operators at the airport shall provide ample lounges and restrooms for their customers and shall make telephone service conveniently and readily available for public use.
(Ord. 2653 § 1 (6), 1976. Formerly 13.12.480; Ord. 3775 § 1 (Exh. A), 2012)
All construction required of such operators shall be in accordance with design and construction standards required or established by the city or board for the facility or activity involved. Title to any and all buildings and appurtenances, which may be built on city property, shall revert to the city when and if the subject lessee vacates the lease for any reason. All operators shall be required to furnish the board payment and performance bonds commensurate with any construction required under the standards fixed in this article or under any contract or lease by and between such operator and the city or board.
(Ord. 2653 § 1 (7), 1976. Formerly 13.12.490; Ord. 3775 § 1 (Exh. A), 2012)
The rates or charges for any and all activities and services of such operators shall be determined by the operators, subject to the approval of the board, and subject, further, to the requirement that all such rates or charges shall be reasonable and be equally and fairly applied to all users of the services.
(Ord. 2653 § 1 (8), 1976. Formerly 13.12.500; Ord. 3775 § 1 (Exh. A), 2012)
All fixed base operators shall, at their own expense, pay all taxes and assessments against any buildings or other structures placed on the premises by them, as well as all taxes and assessments against their activities or the personal property used by them in their operation.
(Ord. 2653 § 1 (10), 1976. Formerly 13.12.510; Ord. 3775 § 1 (Exh. A), 2012)
All operators shall abide by and comply with all state, county and city laws and ordinances, the rules and regulations of the board, and the rules and regulations of the state and Federal Aviation Administration.
(Ord. 2653 § 1 (11), 1976. Formerly 13.12.520; Ord. 3775 § 1 (Exh. A), 2012)
In the event the board constructs the physical plant facilities (hangars, etc.) for use by any operator under the provisions of any lease or other contract, such lease or contract with such operators shall be on such terms and conditions as to guarantee a full return of the investment within ten years, plus interest and reasonable rental for use during such period.
(Ord. 2653 § 1 (12), 1976. Formerly 13.12.530; Ord. 3775 § 1 (Exh. A), 2012)
All operators shall provide and pay for all lights, gas, electrical current, water, sewer charges and garbage collection charges used or incurred anywhere in or about the leased premises, and shall pay the charges made therefor by the suppliers thereof promptly when due.
(Ord. 2653 § 1 (13), 1976. Formerly 13.12.540; Ord. 3775 § 1 (Exh. A), 2012)
All contracts and leases between such operators and the board shall be subordinate to the provisions of any existing or future agreement between the city and the United States, relative to the operation or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the airport properties.
(Ord. 2653 § 1 (14), 1976. Formerly 13.12.550; Ord. 3775 § 1 (Exh. A), 2012)
No fixed base operators shall sublease or sublet any premises leased by such operator from the city or board, or assign any such lease, without the prior written approval of the board, and any such subletting or assignment shall be subject to all of the minimum standards set forth in this article.
(Ord. 2653 § 1 (15), 1976. Formerly 13.12.560; Ord. 3775 § 1 (Exh. A), 2012)
In the event the lessee sublets any portion of his lease, the sublessee must agree to assume the full obligations of the lease as set out in this article and must agree to fully cooperate with the board in seeing that these standards are complied with. The sublessee shall immediately comply with any reasonable request or direction of the board as it relates to the enforcement of these standards.
(Ord. 2653 § 1 (16), 1976. Formerly 13.12.570; Ord. 3775 § 1 (Exh. A), 2012)
In the event that the lessee or sublessee fails to comply fully with these standards or fails to comply with the reasonable request or direction of the board as it relates to these standards, the lessee or sublessee shall be in default. If the default continues for more than three days after notice of the default, the board may terminate the lease. The lessee is responsible for the performance of the sublessee.
(Ord. 2653 § 1 (17), 1976. Formerly 13.12.580; Ord. 3775 § 1 (Exh. A), 2012)
Fixed base operators shall have the right, in common with others authorized so to do, to use common areas of the airport, including runways, taxiways, aprons, roadways, floodlights, landing lights, signals and other conveniences for the takeoff, flying and landing of aircraft of lessees.
(Ord. 2653 § 1 (18), 1976. Formerly 13.12.590; Ord. 3775 § 1 (Exh. A), 2012)
Beginning with the effective date of adoption of these minimum standards, leases to fixed base operators and airport ground lease tenants shall be limited to a maximum of thirty years. In addition, FBO and ground leases shall, at the discretion of the board, be subject to review and reevaluation at the end of each five-year period thereof, in relation to the Consumer Price Index. In this regard, when at the end of each of the five-year periods the cost of living index is determined by the board to be five or more percent higher than at the date the lease became effective, the rental terms thereof may be increased to such percentage of increase or of the cost of living index. If, at the end of such five-year period, the cost of living index has changed less than five percent, the board shall take no action to review or reevaluate the FBO and ground lease.
Upon the expiration of existing leases, structures owned by the city shall be leased to tenants on a month-to-month basis at a standard price per square foot for other comparable hangars, which rent shall be set by resolution.
(Ord. 2653 § 1 (19), 1976. Formerly 13.12.600; Ord. 2701 § 1, 1977; Ord. 3709 § 1, 2009; Ord. 3775 § 1 (Exh. A), 2012)
Lessees will, at all times during the continuance of the term of the lease and any renewal or extension thereof, conduct, operate and maintain for the benefit of the public the fixed base operation provided for and described therein, and all aspects and parts and services thereof as defined and set forth, and will make all such services available to the public and that it will devote its best efforts for the accomplishment of such purposes and that it will at all times make charges to patrons and customers for all merchandise or materials and services furnished or rendered, but that it will refrain from imposing or levying excessive or otherwise unreasonable charges or fees for any facilities or services.
(Ord. 2653 § 1 (20), 1976. Formerly 13.12.610; Ord. 3775 § 1 (Exh. A), 2012)
Notwithstanding anything contained in a lease that may be or appear to the contrary, it is expressly understood and agreed that the rights granted thereunder are nonexclusive and the lessor reserves the right to grant similar privileges to another operator or operators on other parts of the airport when, in its sole discretion, the board determines it is appropriate.
(Ord. 2653 § 1 (20), 1976. Formerly 13.12.620; Ord. 3715 § 1, 2009; Ord. 3716 § 1, 2009; Ord. 3775 § 1 (Exh. A), 2012)
The board reserves the right to take any actions it considers necessary to protect the aerial approaches to the airport against obstructions, together with the right to prevent any fixed base operator from erecting, or permitting to be erected, any building, sign or other structure on the airport which, in the opinion of the board, would limit the usefulness of the airport or constitute a hazard to aircraft.
(Ord. 2653 § 1 (21), 1976. Formerly 13.12.630; Ord. 3775 § 1 (Exh. A), 2012)
All contracts and leases between such operators and the board shall be subordinate to the right of the board and city during time of war or national emergency to lease the landing area or any part thereof to the United States government for military or naval use, and, if any such lease is so made, the provisions of any contracts or leases between the board and lessees in conflict with the provisions of the lease to the government shall be suspended.
(Ord. 2653 § 1 (22), 1976. Formerly 13.12.640; Ord. 3775 § 1 (Exh. A), 2012)
The provisions of these standards shall in no way negate or cause to be null or void existing leases with fixed base operators or airport tenants at the airport. No new leases will be executed or extended with fixed base operators presently located at the airport on the effective date of these fixed base operator minimum standards, nor will amendments to existing leases be executed unless the present leases are made subject to the provisions of these standards.
(Ord. 2653 § 1 (23), 1976. Formerly 13.12.650; Ord. 3775 § 1 (Exh. A), 2012)
The lessee shall remove from the airport, or otherwise dispose of in a manner approved by the board, all garbage, debris and other waste material (whether solid or liquid) arising out of its occupancy of the premises or out of its operations. The lessee shall keep and maintain his leased premises in a neat and orderly manner; lessee shall keep the grass cut and the buildings painted. Any garbage, debris or waste which may be temporarily stored in the open shall be kept in suitable garbage or waste receptacles, the same to comply with other ordinances of the city and health department regulations. The lessee shall use extreme care when effecting removal of all such waste.
(Ord. 2653 § 1 (24), 1976. Formerly 13.12.660; Ord. 3775 § 1 (Exh. A), 2012)
The board reserves the right to further develop or improve all areas of the airport as it sees fit, regardless of the desires or views of any fixed base operators, and without interference or hindrance from any such fixed base operators.
(Ord. 2653 § 1 (25), 1976. Formerly 13.12.670; Ord. 3775 § 1 (Exh. A), 2012)
The board reserves the right to enter upon any premises leased to fixed base operators at reasonable times for the purpose of making such inspections as it may deem expedient, to the proper enforcement of these minimum standards and for the proper enforcement of any covenant or condition of any fixed base operator’s contract or lease agreement.
(Ord. 2653 § 1 (26), 1976. Formerly 13.12.680; Ord. 3775 § 1 (Exh. A), 2012)
A fixed base operator in category A shall:
A. 
Have available on a full-time employment basis a minimum of one instructor pilot with appropriate and current Federal Aviation Administration pilot and medical certificates;
B. 
Provide and at all times maintain a minimum of two aircraft owned or leased by and under the exclusive control of this fixed base operator which are properly equipped and Federal Aviation Administration certificated for flight instruction and rental;
C. 
Lease from the board a minimum of land on which will be located all required improvements and provide a minimum of one thousand square feet of classroom and/or office space, including restrooms and, in addition, adequate parking space for customers;
D. 
Demonstrate the continuing ability to meet requirements for certification of night instructor personnel and aircraft by the Federal Aviation Administration;
E. 
Assure that personnel operating rental equipment obtained from the subject fixed base operator have appropriate and current Federal Aviation Administration pilot and approved medical certificates;
F. 
Operators may have available for lease or sale to their patrons aircraft accessories and supplies personal to them.
(Ord. 2653 § 1, 1976. Formerly 13.12.690; Ord. 2670 § 1 (a), 1977; Ord. 3775 § 1 (Exh. A), 2012)
A fixed base operator in category B shall:
A. 
Have available on a full-time employment basis a minimum of one Federal Aviation Administration certificated pilot with current commercial and instrument ratings and approved medical certificate;
B. 
Lease from the board or provide under terms agreeable to the board for his exclusive use a minimum of one thousand square feet in a building for passenger shelter, restrooms, telephone, and which may include food services to the public;
C. 
Provide satisfactory arrangements for the checking-in of passengers, handling of luggage, ticketing and ground transportation, etc.;
D. 
Provide and at all times maintain a minimum of two currently certified and continuously airworthy aircraft owned or leased by and under the exclusive control of this fixed base operator, properly certificated for air charter or air taxi service;
E. 
Lease from the board a minimum of land on which will be located all required improvements.
(Ord. 2653 § 1, 1976. Formerly 13.12.700; Ord. 2670 § 1 (b), (c), 1977; Ord. 3775 § 1 (Exh. A), 2012)
A fixed base operator in category C shall:
A. 
Furnish suitable arrangements for the safe loading, unloading, storage and containment of noxious chemical materials;
B. 
Furnish a minimum of one aircraft with pilot. The aircraft will be suitably equipped for agricultural operations with adequate safeguard against spillage of chemical spray mixtures or materials on runways and taxiways or dispersal by wind force to other operational areas of the airport. The pilot will have appropriate and current Federal Aviation Administration pilot and approved medical certificates;
C. 
Lease from the board a minimum of land on which will be located all required improvements and lease from the board or provide under terms agreeable to the board for his exclusive use a minimum of one thousand square feet of shop or storage space and vehicle parking.
(Ord. 2653 § 1, 1976. Formerly 13.12.710; Ord. 3775 § 1 (Exh. A), 2012)
Fixed base operators in category D shall:
A. 
Have a sales or distributorship franchise from a recognized aircraft manufacturer;
B. 
Have available during normal working hours of 8:00 a.m. to 5:00 p.m. Federal Aviation Administration certificated and currently airworthy aircraft for sale;
C. 
Have a minimum of one fully qualified demonstrator pilot employed with current and appropriate Federal Aviation Administration pilot and approved medical certificates;
D. 
Lease from the board a minimum of land on which will be located all required improvements and lease from the board or provide under terms agreeable to the board for his exclusive use a minimum of one thousand square feet of office space and customer parking.
(Ord. 2653 § 1, 1976. Formerly 13.12.720; Ord. 3775 § 1 (Exh. A), 2012)
Fixed base operators in category E shall:
A. 
Lease from the board or provide under terms agreeable to the board for his exclusive use a minimum of five thousand square feet of hangar, shop and storage space;
B. 
Furnish facilities and equipment for airframe and power plant repairs with at least one duly Federal Aviation Administration certified A & P mechanic and such other personnel as may be necessary. Such airframe and power plant repair shall include facilities for both major and minor repair of aircraft and engines used in private aviation in this area;
C. 
Demonstrate the ability to and assume responsibility for promptly removing from the public landing area as soon as permitted by cognizant Federal Aviation Administration and Civil Aeronautics Board authorities any disabled aircraft;
D. 
Lease from the board a minimum of land on which will be located all required improvements;
E. 
A fixed base operator in category E may engage in the buying and selling of new and used aircraft, aircraft parts and equipment without meeting the requirements of category D.
(Ord. 2653 § 1, 1976. Formerly 13.12.730; Ord. 3775 § 1 (Exh. A), 2012)
Fixed base operators in category F shall:
A. 
Lease from the board a minimum of land on which shall be located all required improvements; lease from the board or provide under terms agreeable to the board for his exclusive use a minimum of one thousand square feet of shop and storage space;
B. 
Have available on a full-time basis Federal Aviation Administration certificated technicians in the field of aircraft electronics and/or aircraft instruments with proper Federal Communications Commission license to conduct complete aircraft transmitter, receiver and antenna repair;
C. 
Provide satisfactory arrangements for access to and storage of aircraft being worked on.
(Ord. 2653 § 1, 1976. Formerly 13.12.740; Ord. 3775 § 1 (Exh. A), 2012)
A fixed base operator in category G shall:
A. 
Provide and maintain a minimum of two-thousand-gallon tank storage capacity below ground for each grade of aviation fuel usually required for aircraft using the airport;
B. 
Maintain separate pumping equipment for each grade of fuel meeting all applicable safety requirements with reliable metering devices subject to independent inspection and with a pumping efficiency capable of servicing all aircraft normally using the airport;
C. 
Provide and maintain metered filter-equipped dispensers fixed or mobile for dispensing each grade of aviation fuel usually required. Mobile dispensing truck(s) shall have a minimum of three-hundred-gallon capacity;
D. 
There shall be no fueling direct from a common carrier transport truck except into below-ground storage tanks;
E. 
Have personnel on full-time duty during normal business hours of 8:00 a.m. to 5:00 p.m. seven days a week;
F. 
Lease from the board a minimum of land on which will be located all required improvements for aircraft parking and tie-down areas with adequate tie-down facilities including approved ropes and chocks, for a minimum of ten aircraft. Demonstrate capability to efficiently and safely conduct or move aircraft to such areas and park them in compliance with all local regulations;
G. 
All persons engaged in fueling or defueling of aircraft shall be trained prior to servicing aircraft on proper refueling procedures as set forth in this chapter and FAA Advisory Circular 150/5230-4, Aircraft Fuel Storage, Handling, and Dispensing on Airports. It shall be the responsibility of the FBO to ensure that all persons engaged in the fueling operation be properly trained;
H. 
Be required to install at all fueling locations adequate grounding rods to reduce the hazards of static electricity and maintain adequate fire extinguishers;
I. 
Construct or have available a building with a minimum of eight hundred square feet conveniently located and comfortably heated with waiting room for passengers and crew of itinerant aircraft while being fueled, including sanitary restrooms and public telephone;
J. 
A fixed base operator in category G may engage in the buying and selling of new and used aircraft, aircraft parts and equipment without meeting the requirements of category D.
(Ord. 2653 § 1, 1976. Formerly 13.12.750; Ord. 3775 § 1 (Exh. A), 2012)
Fixed base operators in category H shall:
A. 
Lease such land and/or facilities as may be necessary for the aviation related activity and such lease shall contain conditions set forth in subsection B of this section.
B. 
Be subject to such conditions as determined by the board to meet industry standards and be necessary for the safe operation of the aviation related activity.
(Ord. 3775 § 1 (Exh. A), 2012)
An airport tenant in category I shall:
A. 
Lease from the board or provide under terms agreeable to the board for his exclusive use land which shall be improved in accordance with applicable zoning and building codes pertaining to the airport;
B. 
Be prohibited from engaging in any of the activities of fixed base operators defined by categories A through H, unless specifically approved by the board in the lease agreement between the board and the tenant;
C. 
Be responsible that aircraft owned by him or operated from the property leased or occupied by him are operated by personnel who hold appropriate and current Federal Aviation Administration pilot and approved medical certificates.
(Ord. 2653 § 1, 1976; Ord. 3775 § 1 (Exh. A), 2012)
A. 
The following requirements pertain to all flying clubs desiring to base their aircraft on the airport and be exempt from the minimum standards;
B. 
Each club must be a nonprofit corporation or partnership. Each member must be a bona fide owner of the aircraft or a stockholder in the corporation. The club may not derive greater revenue from the use of its aircraft than the amount necessary for the actual use of operation, maintenance and replacement of its aircraft. The club will file and keep current with the board a complete list of the club’s membership and investment share held by each member;
C. 
The club’s aircraft will not be used by other than bona fide members for rental and by no one for commercial operations as defined by categories A through G. Student instruction can be given in club aircraft to club members provided such instruction is given by a lessee based on the airport who provides flight training or by an instructor who shall not receive remuneration in any manner for such service;
D. 
In the event that the club fails to comply with these conditions the board will notify the club in writing of such violations. If the club fails to correct the violations in fifteen days, the board may take any action deemed advisable;
E. 
Each aircraft owned by the flying club must have aircraft liability insurance coverage for the following amounts:
Aircraft Liability
Bodily injury
$100,000 each person
$300,000 each accident
Property damage
$100,000 each accident
(Ord. 2653 § 1, 1976; Ord. 3775 § 1 (Exh. A), 2012)