A. Contents Of Lease: Each lease for airport facilities will contain the following terms:
1. The size of the business lot desired but in no case less than one acre.
2. The size of the hangar, office showroom complex but in no case less than five thousand (5,000) square feet unless the applicant can demonstrate that providing five thousand (5,000) square feet poses an unnecessary economic burden on the business proposed.
3. Those business activities and only those activities to be conducted by the applicant. Addition of other operations or services will be allowed only after the lease is amended to show those operations.
B. Trained Personnel: For each service offered to the public, the FBO shall have in his employ, and on duty during the appropriate business hours, trained and certified personnel in such numbers as may be necessary to perform the service offered, and supervised by an individual authorized to represent and act for the FBO.
C. Suitable Aircraft: If flight training is offered, an aircraft suitable to the training being offered, either owned or under lease, shall be available during normal business hours. If ultralight aircraft training is offered, the FBO shall have one 2-person ultralight training aircraft under his lease or ownership, and one instructor having a current FAA commercial pilot certificate or an advanced flight instructor's rating from the U.S. ultralight association.
D. Trained Mechanic: Repair activities shall have at least one properly trained and rated mechanic, technician, or inspector for each of the services offered in his employ and on duty during normal business hours. The FBO shall hold the appropriate repair stations certificates issued by the FAA for the type of equipment he plans to service and/or install.
E. Fuel Storage: Each FBO stocking aviation fuels for his own use and not for resale to the public and who stores less than one thousand (1,000) U.S. gallons may emplace aboveground lockable tanks, installed in such a manner as to permit easy inspection for tank integrity at a location agreed upon by the airport manager.
F. Fuel And Oil Sales; Hours Available: Each FBO offering fuel and oil sales to the public shall carry at least 100LL aviation gasoline and jet A turbine fuel, as well as the lubricants ordinarily used by these engines. Such operators shall establish service hours of at least eight o'clock (8:00) A.M. until dusk seven (7) days each week, with provisions for transient aircraft to obtain after-hours service.
G. Fuel Prices: Each FBO offering fuel and oil sales to the public shall price their products to be consistent with other facilities of similar size and traffic density, except that the FBOs may make nondiscriminatory discounts and rebates for volume purchasers. Fuel prices shall be posted on the delivery vehicle and the FBO office. Price changes shall be posted not less than seven (7) days before their effective date.
H. Requirements For Selling Fuel And Oil: Each FBO offering fuel and oil for sale to the flying public shall:
1. Maintain fuel dispensing equipment to applicable federal, state and local standards, including proper filtration and safety features to permit safe dispensing of fuels and oils. Personnel operating fuel equipment shall be trained by the FBO and experienced in providing into-plane fuel and oil delivery. FBOs will maintain accurate records of fuel sold and pay the agreed upon fuel flowage fee to the city within fifteen (15) days of the close of the month in which the fuel was sold. The city may audit fuel sales records at any time during normal business hours.
2. Provide proper equipment for aircraft ground towing, battery charging, shock strut, tire inflation and washing of both the aircraft and its windows.
3. Provide for lawful handling and disposal of all solid, controlled and hazardous waste generated through the operations and service provided.
4. Provide permanent restroom facilities for staff and customers.
5. Provide a flight planning area with appropriate communications facilities and directories, charts, and maps for flight planning.
6. Provide a lounge/waiting room for passengers.
7. Unless provided by the city, provide approved storage for at least ten thousand (10,000) U.S. gallons of each fuel type required by the lease.
8. One FBO on the airport shall install an FCC licensed radio transmitter/receiver on such airport advisory frequency as may be directed by the FCC for the purpose of providing flight advisory information to the flying public. On receiving a call for airport information, the following will be provided:
a. Wind direction and speed in knots.
b. Favored runway and known traffic.
c. Estimated altimeter.
d. (Optional) Location of the FBOs and fuel brands available on the airport.
I. Additional Lease Agreements: Each lease for an FBO will contain the following additional agreements:
1. The city has the right to enter leased facilities to assure that required maintenance and preservation is being accomplished by the leaseholder.
2. Acknowledgment of the lessee's responsibility to maintain site ramps, parking and tie-down areas to FAA standards for the term of the lease.
3. Acknowledgment that the leased access is limited to a specified number of years and may be terminated by material breach of contract.
4. Agreement that lessee of any city-owned facility assumes full responsibility for maintenance and repair.
5. Acknowledgment that the lease or subleasing agreements may not be assigned without written approval of the city.
6. Acknowledgment that the lessee is responsible for payment of all taxes which may accrue from the business operations planned.
7. Acknowledgment that if the lease involves payment to the city based on annual gross revenue, or gross sales, the applicant will make available to the city at any time during normal business hours, all records, reports, books or other pertinent information that may be required by the city to fulfill its obligations to the FAA concerning sources of income for the airport. An annual report of the business income summary is required on the anniversary date of the agreement.
8. A statement that the lessee will indemnify and hold harmless and assume defense of action of law or equity the city for liability of every kind arising from the proposed business operation, including any employee, associate, or agent of the applicant, but not including sole negligence or wilful misconduct on the part of the city or its agents or employees.
9. The lessee acknowledges his statutory responsibility to provide workers' compensation and unemployment insurance.
10. Acknowledgment by the city that a multiple activity fixed base operation may be unable to meet all of the standards for FBOs on the opening day of business. However, all services to be offered under the lease shall be required to be available not later than twelve (12) months after the effective date of the lease.
11. If storage of fuel to be used by the business exceeds five hundred (500) U.S. gallons, such storage will be sited as directed by the airport manager. Such facilities shall be in strict conformance to federal, state and local rules and regulations pertaining to hazardous liquid fuel storage.
J. Fuel Cooperatives: Fuel cooperatives where several pilots purchase fuel for use in their own aircraft are not recognized nor supported by the Deming airport commission.
K. Aero Clubs: Aero clubs may store fuel in such quantities and locations as may be authorized by the airport manager. Fuel may be dispensed into club-owned aircraft only, and adequate records will be maintained showing the aircraft registration number and the number of gallons delivered. Aero clubs will pay a flowage fee equal to that charged the FBOs on the fifteenth of each month following the delivery of the fuel.
L. Fueling By Individual Owners: Individual aircraft owners may fuel their own aircraft with the FAA approved grade of fuel. No aircraft will be fueled in a hangar or other closed space. Records of fuel purchased and delivered into the aircraft will be maintained to establish proof of compliance with federal, state and local rules and regulations for aircraft fueling. A fuel flowage fee will be paid to the city at the same rate as is charged the FBOs for the privilege of delivering fuel into planes on the Deming municipal airport. Fueling containers will be removed from the airport on completion of the fueling operation. Storage off the airport is also subject to federal, state and local ordinances. (Ord. 960, 12-8-1997)