CHAPTER 967
Metcalf Field
967.01   Airport Fund established.
967.02   Establishing rates and charges for Metcalf Field.
967.03   Adoption of master plan.
967.04   Establishment of rules and regulations.
967.05   Enforcement.
967.99   Penalty.
   CROSS REFERENCES
   Airports - see Ohio R.C. Ch. 4563
   Special funds authorized - see Ohio R.C. 5705.12
   Air show classified as twelfth class entertainment - see BUS. REG. 709.01(k)
   Littering from aircraft - see S.U. & P.S. 963.16
   Operations of aircraft on or over harbor - see S.U. & P.S. 965.31
967.01. Airport Fund established.
   (a)   There is hereby established an Airport Fund. All charges, rentals, receipts and revenues from the operation of the airport or from the issuance of mortgage revenue bonds shall be deposited with the Commissioner of Taxation and Treasury and shall be accounted for and known as the Airport Fund, and appropriations by Council shall be available for the payment of the cost and expense of the management, maintenance and repair and for the construction or purchase of additional structures or facilities for the airport or airports owned and operated by the City.
   (b)   Any surplus in such Fund shall be used for the payment of principal and interest of bonds issued and outstanding or which may hereafter be issued to provide funds to pay the City's portion of the cost of constructing, maintaining, improving or repair of the City's airport or airports, or to pay for the expansion or replacement of Metcalf Field and any facilities thereof.
(1952 Code § 28-1-1; Ord. 178-94. Passed 4-18-94.)
967.02. Establishing rates and charges for Metcalf Field.
   The following rates, rentals and charges are hereby established for services at Metcalf Field. The areas referred to in this section are more particularly shown on a map which is hereto attached.
   (a)   Administration Building.
      (1)   For rental space in the Administration Building for all purposes except the operation of concessions: $2 per sq. ft. per year.
      (2)   All leases for operation of concessions, such as operation of a restaurant and like concessions, shall be let after advertising.
      (3)   The rental herein designated shall include the space for the exclusive use of the lessee, together with heat for such premises. It shall also include right to the common use of the waiting room and other areas in the building set aside for the use of the general public, together with janitor service for such public areas.
   (b)   Hangars.
      (1)   For use of the field and rental of the hangar, approximately 100' x 120', attached to the Administration Building and designated in Exhibit A by the letter "B": $5,500 per year.
   Such charges include rights attached to operation as a fixed-base operator, including use of field for landings and takeoffs. The City shall pay for the electric utility; heat for such building shall be provided by the lessee.
   The above charge shall include exclusive use of the land and any buildings constructed thereon by the lessee within the total area marked "B" on Exhibit A.
      (2)   For use of the field and rental of the east hangar at its present location, or at such location as to which it may be moved, such hangar being designated on Exhibit A as "C": $7,500.00 per year.
   Such charge includes rights attached to operation as a fixed-base operator, including the use by the lessee and those whom he designates of the field. It shall also include the right by the fixed-base operator to operate a charter flight service. Such rental shall include lights and fuel; the lessee shall provide heat.
      (3)   For use of the field and rental of each of the areas marked "D" on Exhibit A: $1,250.00 per year.
      (4)   Such rental shall include such privileges and use of the airport as commonly attached to operation as a fixed-base operator, which include, but are not exclusive of, use of the airport, use of premises for storage of planes, repairs to planes, charter flights and sales agency.
      (5)   All of the rental fees herein designated shall exclude the right to sell gasoline and oil. All lessees and rentals and all charges for services at the airport and all uses of the airport or any part thereof shall be subject to rules and regulations as they may be made or amended from time to time by the Mayor.
      (6)   All structures erected on the airport premises shall be erected only after approval of the plans by the City Engineer and may, at the option of the purchaser of such services or space, unless otherwise provided by lease or agreement, be removed at the termination of the lease period.
   (c)   Landing/Parking Fees.
      (1)   As landing fees and parking fees for all commercial non-scheduled, general aviation and itinerant military aircraft in excess of authorization by Ordinance 225-54, in accordance with a fee schedule established by the Director of Public Utilities and filed with the Mayor. Provided, however, that there shall be allowed to such aircraft operators a discount on landing fees in the amount of three cents per gallon for each gallon of fuel purchased at the Toledo Airports upon any such landing.
(Ord. 57-70)
      (2)   Landing fees and/or parking fees shall be collected by such persons as authorized and designated by the Director of Public Utilities. Collections made by duly authorized and designated persons who are not employees of the Department of Public Utilities shall retain not more than fifty percent of such fees collected for his services.
(Ord. 750-71)
      (3)   Landing fees shall not be charged the following:
         A.   Aircraft hangered at or in the custody of a licensed fixed base operator (i.e paying monthly hangar rental or parking charges for aircraft temporarily in the custody of a licensed fixed base operator for repairs, alterations, installations, maintenance or such other customer service so long as such service-relationship is actually being consummated).
         B.   Aircraft owned or leased, locally based and operated by a lessee of the Toledo Airports paying regular fees to the City for airport use.
(1952 Code § 28-1-2; Ord. 897-66)
967.03. Adoption of master plan.
   (a)   The master plan of Metcalf Field submitted to the Committee of the whole Council at its meeting on December 7, 1945, is hereby approved and adopted.
   (b)   Such master plan shall be marked and designated as "Exhibit X" and as such shall be submitted for and used in lieu of the master plan now designated as "Exhibit A" and attached to Ordinance No. 245-45.
   (c)   Such Ordinance 245-45 is hereby amended to the extent of referring to such Exhibit "X" and all parts of such Ordinance 245-45 shall be applicable to such Exhibit "X" to the same extent and purposes as the same was applicable to Exhibit "A" thereto attached.
   (d)   The Mayor and the Director of Public Service are hereby authorized, empowered and directed to make and execute any modifications or changes in any lease existing between the City and the lessees of any hangar space or other space for fixed base operators, which were predicated upon such Exhibit "A" and which require modification by reason of the adoption of the master plan herein in this section adopted.
(1952 Code § 28-1-3)
967.04. Establishment of rules and regulations.
   The Director of Public Utilities is hereby authorized to establish rules and regulations for the operation, use, and maintenance of City-owned airports, and to provide safety and security standards. Such rules and regulations shall govern the conduct and activities, aeronautical or other, on the City airports and shall have the same force and effect as an ordinance duly passed by Council.
(1952 Code § 28-2-1)
967.05. Enforcement.
   All members of the Airport Safety Force are hereby vested with police powers on City-owned airports to uphold and enforce the laws of the State and the City and the rules and regulations established by the Director of Public Utilities. Any violation of the above may be prosecuted in the Municipal Court of the City.
(1952 Code § 28-2-2.)
967.99. Penalty.
   Whoever violates any provision of this chapter or rule or regulation promulgated hereunder is guilty of a misdemeanor of the second degree.