(A) General.
(1) Any person offering any services or combination thereof on the airport shall do so under written lease or operating agreement with the city. In accordance with stipulations contained in the grants of federal funds from the Federal Aviation Administration, all leases will be considered to contain the following clauses and be subject thereto.
(a) Lessee agrees to operate the premises leased for the use and benefit of the public:
1. To furnish good, prompt and efficient services adequate to meet all the demands for its service at the airport;
2. To furnish the service on a fair, equal and nondiscriminatory basis to all users thereof; and
3. To charge fair, reasonable and nondiscriminatory prices for each unit of sale or service, provided that the lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar types of price reductions to volume purchasers.
(b) The lessee, his or her agents and employees will not discriminate against any person or class of persons by reason of race, color, creed or national origin in providing any services or in the use of any of its facilities provided for the public in any manner prohibited by Part 21 of the Regulations of the Office of the Secretary of Transportation which implements Title VI of the Civil Right Act of 1964. The lessee further agrees to comply with such enforcement procedures as the United States might demand that the lessor take in order to comply with the sponsor’
(c) It is clearly understood by the lessee that no right or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the airport from performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform.
(d) It is to be specifically understood and agreed that nothing herein contained shall be construed as granting or authorizing the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act.
(e) Lessor reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or view of the lessee and without interference or hindrance.
(f) Lessor reserves the right, but shall not be obligated to lessee, to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of lessee in this regard.
(g) During the time of war or national emergency lessor shall have the right to lease the landing area or any part thereof to the United States government for military or naval use, and, if such lease is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the government shall be suspended.
(h) Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent lessee from erecting or permitting to be erected any building or other structure on or adjacent to the airport which, in the opinion of the lessor, would limit the usefulness of the airport or constitute a hazard to aircraft.
(i) This lease shall be subordinate to the provisions of any existing or future agreement between lessor and the United States, relative to the operation or maintenance of the airport, the execution of which had been or may be required as a condition precedent to the expenditure of federal funds for the development of the airport.
(2) All lessees shall furnish satisfactory evidence of the following insurance coverage and conditions:
(a) Where applicable, hangarkeeper's liability, products liability, aircraft liability, liability for flight tests and ferrying of aircraft, contractual liability, non-owner liability (for students and renter pilots) and passenger seat liability in at least the sum of $1,000,000;
(b) Worker’s compensation insurance as required by the State of Illinois;
(c) Policies shall also name the city as a named insured and shall contain a clause which shall provide that in the event lessee’s insurance coverage, or any part thereof, should be canceled or materially changed, the city shall receive at least 15 days' prior written notice of such change.
(3) All lease agreements shall be for a minimum of 1 year and a maximum of 40 years, except that longer periods will be authorized when new construction is to be amortized.
(4) The city will not accept or take action on a request to lease building space or land area or in any way permit the installation of a commercial activity until after the proposed lessee, in writing, submits a proposal which sets forth the scope of operation he or she proposes, including the following:
(a) The amount of land the lessee desires to lease;
(b) The building space to be constructed or leased;
(c) The services to be offered;
(d) The hours of proposed operation;
(e) The number of persons he or she will employ;
(f) The number of aircraft to be based at the airport;
(g) Certificate of insurance or other satisfactory evidence indicating the ability to obtain coverages as required;
(h) Evidence of his or her financial capability to perform and provide the above services and facilities for a minimum of one year. The City Council shall be the sole judge of what constitutes adequate financial capacity.
(5) Building space requirements may be provided in one building, attached buildings or in separate buildings.
(6) All lessee personnel required to hold Federal Aviation Administration certificates and ratings shall maintain such certificates and ratings.
(7) All lessees are responsible for strict compliance with all state and federal laws pertaining to employees, including but not limited to Social Security, unemployment compensation and wages and hours.
(8) Building plans and exterior designs and landscaping must be approved by lessor.
(9) All lessees on the airport shall keep the floors of the hangars, hangar areas and terminal apron and ramp areas leased by them respectively or used in their operation, clean and clear of oil, grease and other materials or stains, except as may be provided to the contrary in any specific leases or contracts.
(10) No tenant or lessee on the airport shall store or stack materials or equipment in such a manner as to constitute a hazard to personnel or property.
(11) All tenants shall be required to maintain their leased property in a condition of repair, cleanliness and general maintenance in a manner agreeable to the Airport Manager and shall minimize all fire hazards; all equipment and facilities must at all times be kept in a good, safe and workmanlike manner, neat, orderly and in good, safe, workable condition.
(12) All tenants or lessees shall supply and maintain such adequate and readily accessible fire extinguishers as are approved by Underwriters Laboratories, Inc. for the particular hazard involved.
(13) No tenants, lessees or grantees will be permitted to install any type of direct line or radio communications without prior permission of the Airport Manager.
(14) No tenants, lessees or grantees will be permitted to effect structural or decorative changes or additions of any type without prior permission of the Airport Manager with the approval and supervision of the Airport Engineer.
(15) No person shall engage in the sale or rental of any commodities, supplies or services or any business or commercial activity whatsoever within the limits of the airport without a current operating agreement, contract, lease or other written agreement with the city.
(16) No person shall use the airport as a base or terminal for the carrying on of commercial aviation, including, but not limited to, fixed-base operations; aircraft maintenance; scheduled or non-scheduled air carrier carrying passengers, freight, express or mail; or student instruction, communications or any other commercial flying, without a current lease or operating agreement authorizing such activity with the city.
(17) No person shall engage or employ any person to provide commercial aviation services as defined above except from those persons officially authorized by the city to conduct such commercial activities on the airport.
(18) Any person engaging in commercial aviation operations shall have a full-time employee managing and promoting the operation. Such management shall endeavor to have a profitable business while supplying safe, efficient services for the users of the Paxton Airport and shall also serve the promotion and advancement of the Paxton Airport.
(19) All tenants contracting for any type of service shall pay for its own electric, heating, water, sewer and all other utility charges.
(20) Any tenant having a valid and current contract with the city shall not have the right of assigning or subletting the contract.
(21) All tenants shall provide full-time management to manage and promote their specific type of operating privilege.
(22) The city reserves the right to have its duly authorized agents enter upon the premises occupied by any tenant at reasonable times for the purpose of making inspections to determine if the conditions and requirements of this subchapter are being fully complied with.
(23) All tenants shall maintain accounting records that shall be open for inspection by the city at any time.
(B) Basic requirements.
(1) Aircraft sales.
(a) Land. The leasehold shall contain a minimum area of 15,000 square feet to provide space for required buildings, display and storage of aircraft and private automobile parking.
(b) Buildings. Lease or construct a minimum of 5,000 square feet of properly lighted and heated space for display of aircraft, office and public lounge facilities and public use telephone. Indoor restrooms will be provided unless reasonably available from existing facilities.
(c) Personnel. One person having a current commercial pilot certificate with ratings appropriate for the types of aircraft to be demonstrated. Provide for office to be attended during the operating hours.
(d) Dealerships. New aircraft dealers shall hold an authorized factory or subdealership. All aircraft dealers shall hold a dealership license or permit.
(e) Aircraft. A dealer of new aircraft shall have available or on call two current model demonstrators.
(f) Services. Provide for adequate servicing of aircraft and accessories during warranty periods (new aircraft).
(2) Airframe and/or power plant repair facilities. Any lessee desiring to engage in airframe and/or power plant repair service must obtain the appropriate rating from the Federal Aviation Administration and must provide as a minimum the following:
(a) Land. The leasehold shall contain a minimum area of 3,750 square feet to provide space for building and storage or parking of aircraft.
(b) Buildings. Lease or construct a building sufficient to provide a minimum of 2,000 square feet of shop space meeting local and state industrial code requirements plus adequate office space.
(c) Personnel. One person currently certified by Federal Aviation Administration with ratings appropriate for work being performed who may hold an airframe and/or power plant ratings.
(d) Hours of operation. The minimum operating hours shall be 14 hours a week.
(e) Equipment. Sufficient equipment, supplies and availability of parts to perform maintenance in accordance with manufacturer’s recommendations or equivalent, including a minimum of $1,000 in machinery, tools and parts.
(3) Aircraft rental. Any lessee desiring to engage in the rental of aircraft to the public must provide as a minimum the following:
(a) Land. The leasehold shall contain a minimum area of 3,750 square feet to provide space for building and storage or parking of aircraft.
(b) Buildings. Lease or construct building which will provide a minimum of 300 square feet of properly heated and lighted office space, including adequate space for the public, including restrooms and public use telephone.
(c) Personnel. One person having a current commercial pilot certificate with appropriate ratings.
(d) Aircraft. One airworthy aircraft owned or leased in writing to the lessee, plus an additional four airworthy aircraft owned or leased in writing to the lessee available within 30 minutes of the Paxton Municipal Airport.
(e) Hours of operation. The minimum operating hours will be from 8:00 a.m. to 5:00 p.m., five days a week, holidays excepted.
(4) Flight training. Any lessee desiring to engage in pilot flight instruction shall provide as a minimum the following:
(a) Land. The leasehold shall contain a minimum area of 3,750 square feet of land to provide space for building and storage or parking of aircraft.
(b) Buildings. Lease or construct a building having a minimum of 800 square feet of properly lighted and heated floor space to provide classroom, briefing room, pilot’s lounge, office space and indoor restrooms and public use telephone.
(c) Personnel. One full-time employee properly certificated by Federal Aviation Administration as flight instructor to cover the type of training offered.
(d) Aircraft. The lessee shall own or have leased to him or her in writing one properly certificated aircraft equipped for flight instruction.
(e) Hours of operation. The hours of operation shall be eight hours a day, five days a week, holidays excepted.
(f) School. Maintain F.A.A. approved flight school, both for flight and ground school training.
(5) Aircraft fuel and lubricant dispensing. Lessees desiring to dispense aviation fuels and lubricants and to provide other related services such as tie down and parking shall provide as a minimum the following services and facilities.
(a) Land. The leasehold shall contain a minimum area of 20,000 square feet to provide for building, dispensing equipment and storage or parking area equipped with five tie downs.
(b) Buildings. Construct or lease a building providing a minimum of 800 square feet of properly lighted and heated floor space for office, restrooms, public lounge and public use telephone.
(c) Personnel. One properly trained person shall be on duty during operating hours for fuel dispensing. The office shall be attended at all times during required operating hours.
(d) Aircraft service equipment. Emergency starting equipment and adequate fire extinguishers shall be provided.
(e) Services. Fuel, park and tie down aircraft. Wash aircraft, inflate tires, change aircraft engine oil, provide minor repairs and services not requiring certificated mechanic rating. Rental car service.
(f) Requirements for public dispensing.
1. All aircraft fuel sold retail at the Paxton Airport will be dispensed by fixed base operators under specific agreement authorizing the operation. The agreement, lease or contract will specify basic land, building and personnel requirements, hours of operation, equipment to be used, services to be provided and markup authorized. Servicing, dispensing or sale of aircraft fuels and lubricants without written approval of the city is prohibited. Failure to obtain this written approval prior to any operations is basis for cancellation of any existing lease agreement.
2. A minimum of two metered filter equipped dispensers, fixed or mobile, for dispensing 100/115 octane fuel is required. Mobile dispensing trucks shall have a 300 gallon minimum capacity. Dispensing units for fuel, especially constructed for dispensing aviation fuel and having all safety devices specified by Rules and Regulations of the Federal Aviation Administration, Illinois Division of Aeronautics and National Board of Fire Underwriters will be required.
3. All equipment used must be approved by the State Fire Marshal.
4. Both 80 octane and 100 octane fuel shall be dispensed.
5. In addition to the general insurance requirements of the tenants' lease, special coverages of products and motor vehicle liability and property damage will be required.
(g) Requirements for private dispensing.
1. Fixed base operators, aviation operators and other lessees owning and operating aircraft based at Paxton Airport, whose requirements for aviation fuel makes operation of the specified fueling equipment economical, may be given permission to service their leased or owned aircraft with aviation fuel and lubricants subject to the safety standards and conditions contained herein.
2. Permission to privately dispense fuel and lubricants will be authorized in a specific agreement which will contain basic land, building, personnel and equipment requirements for the type of operation being planned. Failure to obtain this written permission in advance of any operation is basis for cancellation of any existing lease agreement.
3. Fueling will be done only from fueling dispensers, fixed or mobile, especially constructed for dispensing aviation fuel and having all safety devices specified by Rules and Regulations of the Federal Aviation Administration, Illinois Division of Aeronautics or National Board of Fire Underwriters. Under no circumstances will fueling or aircraft from drums be permitted. In addition to the general insurance requirements of the tenant’s lease, special coverages of products and motor vehicle liability and property damage will be required. Dispensing vehicles and bulk lubricants will be stored in or upon approved facilities under lease to the tenant. Storage within aircraft hangars is prohibited.
4. All equipment must be approved by the State Fire Marshal.
(h) Hours of operation. The minimum operating hours shall be from 8:00 a.m. to 5:00 p.m., five days a week, holidays excepted.
(6) Radio, instrument or propeller repair service. Lessees desiring to provide a radio, instrument or propeller repair service must hold a Federal Aviation Administration repair station certificate and ratings for same and provide as a minimum the following.
(a) Land. The leasehold shall contain a minimum area of 3,750 square feet of land to provide space for building and storage or parking of aircraft.
(b) Buildings. Construct or lease a building providing a minimum of 2,000 square feet of properly lighted and heated space to house office and minimum shop and hangar space as required for Federal Aviation Administration repair shop certification. Public use telephone.
(c) Personnel. One Federal Aviation Administration certificated repairperson qualified in accordance with the terms of the repair station certificate.
(d) Hour of operation. The hours of operation shall be from 8:00 a.m. to 5:00 p.m., five days a week, holidays excepted.
(7) Air taxi service. Lessees desiring to engage in air taxi service must hold a Federal Aviation Administration taxi commercial operator certificate with ratings appropriate to the functions to be accomplished and they shall provide as a minimum the following:
(a) Land. The leasehold shall contain a minimum of 3,750 square feet of land to provide space for building and storage or parking of aircraft.
(b) Buildings. Lease or construct a building providing a minimum of 500 square feet of properly heated and lighted space for office and customer lounge, public use telephone and restrooms.
(c) Personnel. One Federal Aviation Administration certificated commercial pilot who is appropriately rated to conduct air taxi service offered.
(d) Aircraft. One four-place aircraft meeting all the requirements of the air taxi commercial operator certificate held. Note: aircraft shall be owned or leased by agreement in writing and meet all the relevant requirements of Part 135 of the Federal Aviation Administration regulations. In addition thereto, airworthy aircraft owned or leased in writing to lessee available within 30 minutes of Paxton Municipal Airport.
(e) Hours of operation. The hours of operation shall be from 8:00 a.m. to 5:00 p.m., five days a week, holidays excepted.
(f) Certificate. Maintain a State of Illinois charter air carrier certificate.
(8) Multiple services. Lessees desiring to engage in two or more commercial aeronautical activities must provide as a minimum the following.
(a) Land. The leasehold for multiple activities shall contain a minimum of 15,000 square feet of land to provide space for specific use area requirements established for the service to be offered. Specific use spaces need not be additive where combination use can be reasonably and feasiblely established.
(b) Buildings. Lease or construct a building containing a minimum of 2,000 square feet to provide properly lighted and heated space for office, public lounge, pilot briefing room and restrooms. Repair stations must provide minimum shop and hangar space as required by Federal Aviation Administration repair shop certification.
(c) Personnel. Multiple responsibilities may be assigned to personnel to meet personnel requirements for all activities.
(d) Aircraft. All requirements for aircraft for the specific activities to be engaged in must be provided; however, multiple uses can be made of all aircraft. In order to meet these requirements, however, a minimum of five aircraft must be owned or under the direct control of the lessee and one based on the lessor leasehold, plus four airworthy aircraft owned or leased in writing to the lessee available within 30 minutes of Paxton Municipal Airport.
(e) Equipment. All equipment specifically required for each activity must be provided.
(f) Services. All services specifically required for each activity must be provided during the hours of operation.
(g) Hours of operation. The lessee will adhere to the operating schedule as required for each activity.
(Ord. 78-20, passed 8-14-78)