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959.09 MANDATORY LEASE CLAUSES.
   (a)   Lessee agrees to operate the premises leased for the use and benefit of the public:
      (1)   To furnish good, prompt and efficient service, adequate to meet all the reasonable demands for its service at the Airport.
      (2)   To furnish such service on a fair, equal and nondiscriminatory basis to all users thereof.
      (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.
 
   (b)   The lessee, his/her agents and employees shall not discriminate against any person or class of persons by reason of race, color, creed, sex, national origin, or sexual orientation in providing any service or in the use of any of its facilities provided for the public, in any manner prohibited by part 152 of the Federal Aviation Regulations. 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's assurances.
 
   (c)   The lessor shall be responsible for the payment of all property taxes for the areas leased to it. The lessee shall be responsible for the payment of all other taxes whether City, State or Federal which arise or may arise as a result of its operation conducted on the leased premises.
 
   (d)   It is understood and agreed that nothing contained in the lease shall be construed to grant or authorize the granting of an exclusive right of service.
(Ord. 18-24. Passed 1-30-18.)
 
959.10 MINIMUM INSURANCE REQUIREMENTS.
   The lessee shall be fully responsible and assume all risks from fire, storms and accidents to their own employees or the general public and shall take out and maintain appropriate insurance coverage as agreed to in the lease. Such insurance coverage shall be maintained during the term of the lease agreement. The City shall be named as an additional insured on each policy and shall be provided evidence of the existence of stipulated insurance in the form of copies of insurance policies or certificates of insurance. The City shall be given at least thirty days' written notice of policy alterations, cancellations or deletions.
   The lessor reserves the right to increase or decrease the amount of minimum coverage required, commensurate with the type and extent of service to be performed.
   The lessee shall protect the public and the City from any and all lawful damages, claims or liability caused by its operations at the Airport; and at its sole cost and expense, provide premises liability in the minimum amount of one million dollars ($1,000,000) combined single-limit, bodily injury and property damage. In addition, the City may require the lessee to provide product liability insurance in a minimum amount of one million dollars ($1,000,000) combined single-limit, bodily injury and property damage.
   Where applicable, the lessee shall be required to provide and keep in force, during the term of the lease, hangarkeepers liability insurance with the minimum amount being one hundred thousand dollars ($100,000) per aircraft for each occurrence.
 
959.11 SPECIALTY COMMERCIAL AERONAUTICAL ACTIVITIES.
   The following specialty commercial aeronautical activities that are offered and/or provided, for compensation, in or from the Airport shall comply with the requirements set forth below. These activities are credited to the person in fulfillment of General Fixed Base Operator requirements. Any person engaging in two or fewer of the below listed activities shall be considered a "Specialty Fixed Base Operator". If a person engages in three or more of the below listed activities or two with a fuel dispensing operation, then the person shall comply with the regulations for a General Fixed Base Operator.
   (a)   Aircraft Sales and/or Aircraft Rental. Any person wanting to engage in the sale or lease of new or used aircraft shall lease and/or provide as a minimum the following:
      (1)   Land. The leasehold shall contain sufficient space for building(s), aircraft storage and off-street parking.
      (2)   Building(s). Lease or construct properly lighted and heated space for office, lobby area, and public restrooms.
      (3)   Personnel. One person having a valid FAA pilot certificate with ratings appropriate for the types of aircraft offered for sale or lease.
      (4)   Services. Provide for adequate servicing of aircraft and accessories during warranty periods (new aircraft only).
      (5)   Hours of operation. The normal operating hours shall be at the operator's discretion. However, operator shall be open not less than twenty hours per week and should be reasonably available to the public.
         (Ord. 01-299. Passed 8-21-01.)
   (b)   Flight Instruction. Any person wanting to engage in pilot flight instruction, including ground school, and/or aircraft rental shall provide as a minimum the following:
      (1)   Land. The leasehold shall contain sufficient space for building(s), aircraft storage, and off-street parking.
      (2)   Buildings. Lease or construct properly lighted and heated space for classroom and/or briefing room, lobby area, office, and public restroom facilities.
      (3)   Personnel. One person holding a valid commercial pilot certificate with ratings appropriate for the types of aircraft offered for rent. If flight instruction is offered, that person should hold a current flight instructor certificate with ratings appropriate to the type of training offered.
      (4)   Aircraft. Not less than one properly certificated aircraft owned or leased in writing to the lessee. If flight instruction is offered, such aircraft shall be equipped for flight instruction.
      (5)   Hours of operation. The normal operating hours shall be at the operator's discretion, but he/she should be reasonably available to the public.
         (Ord. 01-299. Passed 8-21-01.)
   (c)   Charter Operations. Any person wanting to engage in charter operations shall hold an FAA Air Taxi/Commercial Operator (ATCO) certificate (issued under FAR Part 135) or an Air Carrier/Commercial Operator certificate (issued under FAR Parts 121 or 127) with operations specifications covering the services offered and all certificates required by the Civil Aeronautics Board. The following shall be provided at a minimum:
      (1)   Land. The leasehold shall contain sufficient space for building(s), aircraft storage and off-street parking.
      (2)   Building(s). Lease or construct properly lighted and heated space for office, lobby area and public restrooms.
      (3)   Aircraft. At least one properly certified four-place aircraft or aircraft with not less than 500 pounds payload capacity owned or leased by the person.
      (4)   Hours of operation. Normal operating hours open not less than five days a week. Hours of operation for commercial operators are at the lessee's discretion.
   (d)   Airframe and Powerplant Repair. Any person wanting to engage in airframe and power plant repair service shall provide as a minimum the following:
      (1)   Land. The leasehold shall contain sufficient space for building(s), aircraft storage and off-street parking.
      (2)   Buildings. Lease or construct properly lighted and heated space for aircraft maintenance area, office, lobby area and public restrooms. The aircraft maintenance area shall meet State and local industrial code requirements.
      (3)   Personnel. Not less than one person currently certified by FAA with ratings appropriate for work being performed.
      (4)   Equipment. Sufficient equipment, supplies and availability of parts to perform maintenance in accordance with manufacturer's recommendations or equivalent for the work being performed.
      (5)   Hours of operation. Normal operating hours open not less than five days a week.
   (e)   Aircraft Accessories Installation and Repair. Any person wanting to engage in the installation or repair of aircraft accessories, including avionics and aircraft instruments, shall provide as a minimum the following:
      (1)   Land. The leasehold shall contain sufficient space for building(s), and off-street parking.
      (2)   Buildings. Lease or construct properly lighted and heated space for work area, office, lobby area, and public restrooms. The work area shall meet State and local industrial code requirements.
      (3)   Personnel. Not less than one person with ratings, licenses and permits appropriate for work being performed.
      (4)   Equipment. Sufficient equipment, supplies and availability of parts to perform maintenance in accordance with manufacturer's recommendations or the equivalent for the work being performed.
      (5)   Hours of operation. Normal operating hours open not less than five days a week.
 
959.12 GENERAL FIXED BASE OPERATOR.
   A General Fixed Base Operator shall be a primary business commercial operator providing:
   (a)   Three or more of the above SFBO activities; or
   (b)   Two or more of the above SFBO activities plus aircraft fueling services, who shall be authorized to do business or to provide goods or services for compensation at the Airport. If a person offers three or more of the SFBO activities, the person has the option of engaging in fuel dispensing operations; provided, the GFBO complies with the requirements contained in division (d) of this section.
   (c)   Any business wanting to be an GFBO shall meet the minimum requirements set out below:
      (1)   Land. The leasehold for multiple activities shall contain space to provide for use area requirements established for the service to be offered (use spaces need not be additive where combination use can be reasonably and feasibly established).
      (2)   Building(s). Lease or construct a building(s) to provide properly lighted and heated space for office, public lounge, public telephone, briefing and/or classroom and public restrooms. All SFBO activities used to meet GFBO status shall conform to the space and use requirements of the specific SFBO activity engaged in.
      (3)   Personnel. The personnel required for each SFBO operation shall be required. However, multiple responsibilities may be assigned qualified personnel to meet these personnel requirements.
      (4)   Aircraft. All requirements for the specific SFBO activities shall be met. Multiple use of aircraft, where appropriate, can be used to meet these requirements. However, if aircraft are required for any of the SFBO operations used to obtain GFBO status, then a minimum of two properly certificated aircraft shall be owned or under the direct control by lease and based on the lessee's leasehold.
      (5)   Equipment. All equipment specifically required for each activity shall be provided.
      (6)   Services. All services specifically required for each activity shall be provided during the hours of operation.
      (7)   Hours of operation. The hours of operation shall be eight hours a day, five days a week.
   (d)   If the GFBO proposes to provide fuel dispensing operations, the person shall provide as a minimum the following services and facilities in addition to the requirements of the SFBO activities undertaken to obtain GFBO status:
      (1)   Land. The leasehold shall contain sufficient space to provide for buildings, aircraft parking area equipped with six tiedowns and aviation fueling equipment.
      (2)   Personnel. One properly trained person shall be on duty during operating hours.
      (3)   Aircraft service equipment. Shall comply with fueling precautions and procedures of the Municipal Airport.
      (4)   Flight line services. The following services shall be provided by the GFBO at a minimum:
         A.   Fuel, park, and tiedown of aircraft.
         B.   Wash aircraft.
         C.   Inflate tires.
         D.   Sell lubricating oil.
         E.   Sell fuel anti-ice fluid.
         F.   Provide transportation for aircraft occupants from parking ramp to office.
      (5)   Fueling facilities. Applicant shall construct or lease two metered filter-equipped fuel storage tanks for dispensing aviation gasoline and jet fuel on the Airport premises in areas designated by the Airport Layout Plan. The storage tanks shall have a minimum capacity of 8,000 gallons for aviation gasoline and 10,000 gallons for jet fuel. If mobile dispensing trucks are used, each truck shall have a minimum capacity of 1,000 gallons for gasoline and 1,000 gallons for jet fuel. Separate dispensing pumps and meters for each grade of fuel is required.
      (6)   Hours of operation. Fueling service shall be provided seven days per week, a minimum of twelve hours per day.
      (7)   Fuel commitment. Persons wanting to fuel aircraft shall demonstrate that they have a commitment from a fuel supplier to supply all fuel. Such commitment shall be in writing from the fuel supplier and shall specify the types and volumes of fuel available to the applicant.
      (8)   Fuels required. One of the following aviation gasoline grades shall be provided:
            100/130 octane avgas
            100 octane low-lead avgas (100 LL)
         One of the following jet fuel grades shall be provided:
            JP-4
            JP-5
            Jet-A
         If fuels other than those required in this section are offered, then the requirements pertaining to tank capacity need not apply to these additional fuels.
 
959.13 OTHER AERONAUTICAL RELATED COMMERCIAL ACTIVITIES.
   (a)   Any person wanting to engage in the other aeronautical related commercial activities other than those listed as specialty commercial aeronautical activities or dispensing of fuel and which support aeronautical activities shall comply with these requirements listed in this section. Activities which fall under this definition may include the following:
      (1)   Banner towing and aerial advertising;
      (2)   Aerial photography or survey;
      (3)   Firefighting or fire patrol;
      (4)   Power line or pipeline patrol;
      (5)   Agricultural aerial applications;
      (6)   Professional services where aeronautical activity is more than incidental to the services;
      (7)   Aircraft inspections which must be performed by a FAA licensed inspector and made pursuant to applicable Federal Aviation Regulations.
 
   (b)   These commercial activities shall not be credited toward General Fixed Base Operator or Specialty Fixed Base Operator status.
 
   (c)   Each applicant wanting to engage in other commercial aeronautical activities shall make application pursuant to Section 959.06 and provide to the Airport Manager in writing the following:
      (1)   A full description of the proposed other aeronautical related commercial activity;
      (2)   If needed, a copy of any waiver to any FAR's required or used in the proposed operations;
      (3)   If needed, a copy of any restrictions placed on any aircraft not certificated in the standard airworthiness category.
 
   (d)   The space and terms of the lease shall be negotiated between the applicant and the City. However, it is the City's intent to control commercial activities in or from the Airport to assure that such activities are in the best interest of the public.
 
959.14 PROHIBITION.
   No person shall perform commercial aeronautical activities or other aeronautical related commercial activities on the premises of the Springfield-Beckley Municipal Airport unless such activities are performed under the authority of a valid license issued pursuant to Section 959.06 of this Chapter.
 
959.15 INJUNCTION.
   In addition to other remedies which the City may have to enforce this chapter, the City may also seek a court injunction against continued violation of this chapter and any order issued pursuant thereto.
 
959.16 FUEL FLOWAGE FEES.
   General Fixed Base Operators and Specialty Fixed Base Operators shall pay to the City a Fuel Flowage Fee of ten cents (10¢) per gallon on each gallon of fuel pumped from a fuel tank owned by the City and leased to the General Fixed Base Operator or the Specialty Fixed Base Operator. The City Manager may promulgate regulations specifying times for payment of the Fuel Flowage Fee, for reporting of fuel flowage by the General Fixed Base Operators and the Specialty Fixed Base Operators and for audits of such reports. All fuel measuring devices used by General Fixed Base Operators and the Specialty Fixed Base Operators in connection with pumping fuel from a fuel tank owned by the City and leased to the General Fixed Base Operator or the Specialty Fixed Base Operator must be certified accurate in compliance with all applicable laws and regulations.
(Ord. 08-222, Passed 7-15-08; Ord. 16-282, Passed 10-11-16.)
 
959.99 PENALTY.
   Except as otherwise provided, whoever violates any provision of this chapter, or any rule, regulation or order issued thereunder, shall be guilty of a misdemeanor of the third degree, punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment not exceeding sixty days, or both such fine and imprisonment.