[HISTORY: Adopted by the City Council of
the City of Lebanon 2-3-1993 by Ord. No. 65. Amendments noted where
applicable.]
The City Council of the City of Lebanon hereby
ordains the following for the purpose of establishing the Department
of the Airport for the purpose of operating the Lebanon Municipal
Airport (hereinafter referred to as "Airport") pursuant to RSA Chapter
423.
A.Â
There is hereby established the Aeronautical Fund
(hereinafter referred to as the "fund") consisting of various accounts
as separate accounts for the deposit of all revenues and the expenditure
of all funds relating to the operation of the airport. Such moneys
shall not be intermingled with other funds of the city. The fund shall
not lapse and the unexpended balance of said fund shall be carried
forward to subsequent years. The moneys in the fund shall be used
solely for aeronautical purposes as required by RSA Chapter 423 and
the laws and regulations of the Federal Aviation Administration.
B.Â
All moneys received from the State of New Hampshire
and the Federal Aviation Administration (hereinafter referred to as
"FAA") for the Airport shall be deposited into and expended from the
fund.
[1]
Editor's Note: Former § 8-3, Airport
self-supporting on revenue generated from commercial activities, was
repealed 12-3-2008.
Rules and regulations for the operation of the
Airport shall be adopted by the City Council in the same manner as
for the adoption or amendment of an ordinance. When the FAA or the
New Hampshire Aeronautical Division imposes rules and regulations
for the operation of the Airport, the Airport Manager shall have the
authority to put such rules and regulations into effect and enforce
the same in a timely manner without City Council action.
[1]
Editor's Note: The rules and regulations are
on file in the offices of the City Clerk and the Airport Manager.
No business shall be conducted or obtained at
the airport except by written agreement, upon such terms and conditions
acceptable to the city and approved by the City Council. Any business
or commercial activities deriving economic benefits from the operation
of the Airport shall compensate the city in a manner acceptable to
the city, including but not limited to airlines, car rental agencies,
both on and off the Airport, restaurants, fixed-based operators, etc.
A.Â
Car rental agencies. On-site locations for car rental
agencies shall be allocated on open bidding based on guaranteed minimums
for the payment of the Airport rental fee in a percentage of the total
customer car rental charges upon such terms and conditions acceptable
to the city. In addition, the car rental agencies shall pay such rental
charges and parking charges as the city deems necessary.
B.Â
OFF-AIRPORT BUSINESS(ES)
USER FEE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any commercial operation or establishment, operated for profit,
that does not rent facilities on Airport property and is engaged in
the following lines of business that obtain customers at the Airport
who either arrive or depart the Airport on aircraft: car rental, taxi
or limousine service and motel or hotel establishments.
A fee imposed upon an off-airport business for the right
to enter and go upon Airport property for the purpose of picking up
or discharging customers or potential customers.
C.Â
Amount of user fees for off-airport business(es),
except off-airport car rental agencies. The city shall determine the
amount of user fees to be paid by off-airport business(es), except
off-airport car rental agencies, taking into consideration such factors
as the frequency and intensity of use of airport property, the amount
of revenue attributable to customers picked up or discharged at the
airport, similar charges made by on-airport business(es) and the relative
benefits that an off-airport business derives from gaining access
to and using airport facilities.
D.Â
Off-airport car rental agency. Any off-airport car
rental agency shall pay as a user fee the current Airport rental fee
paid by on-airport car rental agencies for that part of its business
derived from Airport sales. The Airport rental fee is a percentage
of the total customer car rental charges. There shall be a written
agreement between the city and the off-airport car rental agency as
a condition of doing business at the Airport.
E.Â
Regulation of vehicles on the airport. Vehicles using
the Airport shall comply with Airport regulations and shall obtain
a permit and pay such fees as may be required.
There shall be established minimum operational
standards for fixed-base operators to provide the necessary services
and comply with applicable safety requirements in compliance with
federal and state laws and regulations.
In connection with the expansion of the Airport
in 1983 and the receipt of federal funds, restrictions were placed
on the use of Airport land as shown on the plan attached as Exhibit
A and made a part of this chapter.[1] See Citizens for Responsible Area Growth (CRAG) v. Brock
Adams, et al., United States District Court for the District of New
Hampshire, Docket Number C79-61, which the Citizens' Advisory Committee
(CAC) as a means of communicating with affected communities in the
Upper Valley area and to provide guidance and flexibility in complying
with the court order while at the same time balancing necessary and
reasonable commercial utilization of the Airport land. The operation
of the Airport and the use of Airport land shall be in conformity
with the court order.
[1]
Editor's Note: Exhibit A is on file in the
office of the City Clerk.
