The Airport Commission shall have power to negotiate and execute leases of airport lands and space in airport buildings, without necessity for competitive bidding, to any person, firm, or corporation engaged in air transportation, aviation support services, or the provision of utility services to the public (including, but not limited to, the provision of: telecommunications, electricity, water, gas or sewerage), or to any agency of government, for such purposes only; provided, that the original term of any such lease shall not exceed 50 years, nor shall any extension of such lease exceed a period of 50 years, except that a lease for aviation support services shall not exceed 10 years. Aviation support service leases shall be granted only to those entities performing a service which the Airport Commission determines is necessary to provide direct support to one or more air transportation providers. Such services include: servicing, cleaning and provisioning of aircraft; handling, transfer and temporary storage of cargo and mail; inspection, maintenance and repair of aircraft and ground service equipment; handling of passengers and baggage; operations support and crew administration; loading and unloading of passengers, baggage and cargo; fueling of aircraft and other ramp support services; and/or checkpoint screening and perimeter control. Construction, demolition, or development shall not be considered an aviation support service. The Commission shall also have sole power, subject to a competitive process and award to the highest or best responsible bidder or proposer to lease out any concession wherein the concessionaire is to be given an exclusive right to occupy space on or in airport lands or buildings. There shall be no requirement for a competitive process in the award by the Commission of any concession in an instance where no exclusive right is given the concessionaire to occupy space on or in airport lands or buildings.
The Airport Commission shall also have exclusive power to lease lands now devoted to airport purposes or lands that may hereafter be acquired and devoted to airport purposes for a period not to exceed 50 years. Section 23.6-3 of this Code shall not be applicable to leases referred to in this paragraph; provided, however, that no lease of airport lands or agreement which divests the City and County of the right to manage, operate or control the aircraft landing field, the entire part of the airport not devoted to the aircraft landing field, or the entire airport shall be made without the approval of the Board of Supervisors by ordinance and referral and submission to a vote of the electors of the City and County at the election next ensuing not less than 60 days after the adoption of such ordinance, and such ordinance shall not go into effect until ratified by a majority of voters voting thereon.
(Added by Ord. 439-96, App. 11/8/96; amended by Ord. 197-12, File No. 120689, App. 9/24/2012, Eff. 10/24/2012)