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HomeMy WebLinkAboutO-1192ORDINANCE NO. IM AN ORDINANCE TO PROMOTE THE SAFETY, HEALTH AND WELFARE OF THE CITY OF FAIRHOPE, ALABAMA MUNICIPAL AIRPORT BY ESTABILISHING SAFETY AND SECURITY PROCEDURES FOR THE H. L. "SONNY" CALLAHAN AIRPORT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: MINIMUM STANDARDS FOR FIXED BASE OPERATORS AT H.L. "SONNY" CALLAHAN AIRPORT WHEREAS, the City of Fairhope, County of Baldwin, being a municipality created under and pursuant to the Laws of the State of Alabama, owns and operates by and through the Fairhope Airport Authority, a duly constituted public body corporate and politic and agency of the said City of Fairhope, Alabama, hereinafter referred to as "Authority", a public airport known as H. L. "Sonny" Callahan Airport, hereinafter referred to as "Airport"; and WHEREAS, the Authority desires that certain aeronautical services and activities be furnished by and engaged in for the benefit of the general aviation flying public, operating either as General Fixed Base Operators or Special Fixed Base Operators, depending upon their scope of operation and activities; and WHEREAS, the Authority, in recognition of the statutory prohibition against granting an exclusive right to conduct aeronautical activity on the airport imposed by Section 308 of the Federal Airport Act and in contractual obligations contained in certain contracts between said City and the United States of America relative to the expenditure of Federal funds for the development and operation of said Airport, desires that all such general aviation aeronautical activities be conducted on said Airport in a fair and equitable manner; NOW, THEREFORE, the said Fairhope Airport of Fairhope, Alabama, does hereby resolve that said aeronautical services and activities at said Airport shall hereafter be rendered by and engaged in by duly qualified operators so determined by the hereinafter established standards which are hereby adopted as the "Minimum Standards for Fixed Base Operators", as follows: SECTION 1. APPLICATION PROCEDURES Any applicant wishing to establish an aeronautical activity on the Airport shall be furnished a copy of these minimum Standards, as amended, and shall make application in writing to the Authority, setting forth in detail the following: a. The name and address of the applicant; b. The proposed land use, facility and/or activity sought; 1 Ordinance No. 1192 Minimum Standards for Airport Page —2- c. The names and the qualifications of the personnel to be involved in conducting such activity; d. The financial responsibility and technical ability of the applicant and operator to carry out the activity sought; e. The tools, equipment, services and inventory, if any, proposed to be furnished in connection with such activity; f. The requested or proposed date for commencement of the activity and the term of conducting the same; g. The manner in which each applicable provision of these Minimum Standards will be complied with. h. The estimated cost of any structure or facility to be furnished, the proposed specifications for same, and the means or method of financing such construction or acquisition of facilities. SECTION 2. NOTICE AND HEARING. Upon the filing of such an application with the Authority, it shall be immediately referred to the Authority and considered at the next scheduled meeting. If no meeting is scheduled within thirty (30) days from the filing of such application, a meeting shall be called for considering the same and notice thereof given to the applicant. If such application involves conduct of an aeronautical activity for commercial purposes, all other persons then conducting commercial aeronautical activities on said Airport shall also be notified of the filing of such application and the time and place of the Airport Authority meeting to consider the same. Upon consideration of the application, the Authority shall determine whether or not the applicant meets the standards and qualifications as herein established and whether or not such application should be granted in whole or in part, and if so, upon what terms and conditions. SECTION 3. LEASE OR CONTRACT. Upon approval of any such application as submitted or modified, the applicant shall cause to be prepared a suitable lease or contract agreement setting forth the terms and conditions under which the fixed base operation shall be conducted. In every instance the lease or contract shall be conditional upon the following: a. Original and continued compliance with the Minimum Standards of each authorized aeronautical activity. Lease shall refer to and incorporate these Standards by reference. Failure to comply after notification shall constitute grounds for termination or cancellation of the lease. The Authority shall have the right of periodic inspection at reasonable time to insure compliance. E Ordinance No. 1192 Minimum Standards for Airport Page —3- b. Any structure or facility to be constructed or placed upon said airport shall conform to all safety regulations of the State of Alabama and the City of Fairhope, and shall conform to the requirements of current building codes and fire regulations of the City of Fairhope; and any construction commenced will be diligently pursued to completion. Performance bonds commensurate with the value of the construction shall be required. c. The Authority shall reserve the right to modify or alter these Standards from time to time; however, any increase or expansion in the Standards shall not apply retroactively to an existing lease but would be applicable at time of renewal or extension of any leasehold term. SECTION 4. STANDARD REQUIREMENTS FOR All OPERATORS_ Each individual or corporation desiring to conduct aeronautical activities on the airport must satisfy the Authority: a. That the applicant has sufficient management experience and available personnel to conduct the proposed service or activity in an efficient and workmanlike manner. b. That the applicant is financially responsible and able to provide the facilities and services proposed. c. That the applicant has or can reasonably secure necessary certificates from the FAA or other authority where the same are required for the activity proposed. d. That the applicant has or can furnish suitable indemnity insurance or bond to protect and hold the Authority and the City of Fairhope harmless from any liability in connection with the conduct of the activity proposed. e. The rates or charges for any and all activities and services of such operators shall be determined by the operator, subject to the approval of the Authority, and subject, further, to the requirement that all such rates or charges shall be reasonable and be equally and fairly applied to all users of the services. f. No operator shall be permitted to operate at the Airport without a fully executed lease agreement with the Authority containing provisions for strict compliance with these minimum standards and regulations and containing such other special provisions as may be determined by the Authority to be necessary on account of any building or other construction which may be required under such lease or any other special circumstances which may be applicable to such particular operator. g. Land use maps approved and duly recorded by the City Building Inspector in the minutes of the meeting adopting this resolution show the present and future fixed base operators' areas on the Airport property, and this land use map is hereby made a part of these minimum standards the same as if set out in full herein. Ordinance No. 1192 Minimum Standards for Airport Page —4- h. All fixed base operators shall abide by and comply with all State, county, and city laws and ordinances, the rules and regulations of the Authority governing such Airport, and the rules and regulations of the Federal Aviation Administration. i. All contracts and leases between such operators and the Authority shall be subordinate to the provisions of any existing or future agreement between the City of Fairhope, Alabama, and the United States, relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of Federal funds for the development of the Airport properties. j. No fixed base operators shall sublease or sublet any premises leased by such operator from the Authority, or assign any such lease, without the prior written approval of the Authority, and any such subletting or assignment shall be subject to all the minimum standards herein set forth. k. General and Special Fixed Base Operators shall maintain a minimum of five million dollars ($5,000,000.00) public liability and property damage insurance to protect the operator, the Authority, and the City from legal liabilities involved. SECTION 5. GENERAL FIXED RASE, OPERATOR. A General Fixed Base Operator shall be only those individuals, corporations, or firms, which are authorized to engage in and furnish a full range of aeronautical activities and services, which shall include, as a minimum, the following: a. Sale and dispensation of aviation gasoline, fuels and oils, b. Aircraft storage consisting of a minimum of 10,000 square feet of hangar space and tie -down spaces for a reasonable number of aircraft. c. Adequate and efficient ramp service. d. Capability to perform FAA approved major aircraft, engine and accessory maintenance and to furnish necessary tools and equipment. e. The sale and/or dispensing of aviation petroleum products shall be done only by a general fixed based operator. SECTION 6. STANDARDS FOR SPECIFIC AF.RONATITICAL SERVICES. In addition to meeting the requirements set forth in Section 4 above, each operator conducting the following specific activities shall meet the requirements set forth below: a. Fuel and nil Sales_ Persons conducting aviation fuel and oil sales on the Airport shall be required to provide: 4 Ordinance No. 1192 Minimum Standards for Airport Page —5- (1) Hard surface ramp space accessible by taxiway with electric pumps and tank storage having a capacity equal to the minimum tank truck load deliverable for 100/130 grade aviation fuel and standard jet A fuel. (2) Properly trained line personnel on duty at least eight hours of every calendar day, seven days a week, and on call by readily accessible telephone at other hours during the day or night. (3) Proper equipment for repairing and inflating aircraft tires, servicing oleo struts, changing engine oil, washing aircraft and aircraft windows and windshields, and for recharging or energizing discharged aircraft batteries and starters. (4) Conveniently located, air-conditioned lounge or waiting rooms for passengers and airplane crews of itinerant aircraft, together with sanitary rest rooms and public telephones. (5) Adequate towing equipment and parking and tie -down area to safely and efficiently move aircraft and store them in all reasonably expected -weather conditions. (6) Adequate inventory of at least two brands of generally accepted grades of aviation engine oil and lubricants In conducting refueling operations, every operator shall install and use adequate grounding facilities at fueling locations to eliminate the hazards of static electricity and shall provide approved typed of fire extinguishers or other equipment commensurate with the hazard involved in refueling and servicing aircraft. b. Aircraft Engine and Accessnry Maintenance_ All persons operating aircraft engine and accessory maintenance facilities shall provide: (1) Sufficient hangar space to house any aircraft upon which such service is being performed. (2) Suitable storage space for aircraft awaiting maintenance or delivery after repair and maintenance has been completed. (3) Adequate shop space to house the equipment and adequate equipment and machine tools, jacks, lifts and testing equipment to perform top overhauls as required for FAA certification and repair of parts not needing replacement on all single engine land and light multi -engine land general aviation aircraft. (4) At least one FAA certified airframe and engine mechanic available during eight hours of the day, five days per week. Ordinance No. 1192 Minimum Standards for Airport Page —6- (5) Facilities for washing and cleaning aircraft. (6) Storage of aircraft undergoing repair. Aircraft shall not be stored for salvage operations. Any aircraft undergoing repair and to be in a non -airworthy condition in excess of 30 days shall be screened from public view. (7) Separate partitionable space with adequate exhaust fans and fire protection for spray painting if this type work is performed. c. Flight Training_ All persons conducting flight -training activities shall provide: (1) At least one properly certified flight instructor available at least eight hours per day five days per week, and any other times instruction is offered or advertised, for single engine land airplanes. (2) At least one dual equipped single engine land aircraft properly equipped and maintained for flight instruction and such additional types of aircraft as may be required to give flight instruction of the kind(s) offered or advertised. (3) Adequate classroom space for at least 10 students with proper rest room and seating facilities. (4) Adequate mock-ups, pictures, slides, film strips or other visual aids necessary to provide proper ground school instruction (5) Properly certificated ground school instructor providing regularly scheduled ground school instructions sufficient to enable students to pass the FAA written examinations for private pilot and commercial ratings. (6) Continuing ability to meet certification requirements of the FAA for the flight training proposed. d. Aircraft Charter and Taxi Service_ Persons operating aircraft charter and taxi service shall provide: (1) Passenger lounge, rest room and telephone facilities as required of an operator for fuel and oil sales. (2) Adequate table, desk or counter for checking in passengers, handling ticketing or fare collections, handling of luggage. (3) Shall have available properly certificated suitable aircraft with properly certificated and qualified operating crew, one of which shall be located at the airport and ready for departure during at least eight hours of daylight operation daily -and at other times, stand-by units and crews available upon call within one hour's notice. Ordinance No. 1192 Minimum Standards for Airport Page —7- (4) Shall provide passenger liability insurance of at least one million dollars ($1,000,000.00) per passenger seat in addition to the minimum insurance requirement in Section 4k. e. Aircraft Rental and/or Sales_ Persons conducting aircraft rental and sales -activity shall provide: (1) Suitable office space for consummating sales and/or rentals and the keeping of the proper records in connection thereof. (2) Hangar storage space for at least one aircraft to be used for sales or rental. (3) For rental, at least two airworthy aircraft suitably maintained and certificated. (4) Adequate facilities and appropriately certified personal for servicing and repairing the aircraft or satisfactory arrangements with other operators on the Airport for such service and repair. (5) At least one properly certificated pilot, available at least eight hours per day five days per week and any other times aircraft are offered or advertised for rent, capable of demonstrating new aircraft for sale or for checking out rental aircraft. (6) The minimum stock of readily expendable spare parts, or adequate arrangements for securing spare parts required for the type of aircraft and models sold. (7) Current up-to-date specifications and price lists for types and models of new aircraft sold. (8) Proper checklists and operating manuals on all aircraft rented and adequate - parts catalogue and service manuals on new aircraft sold. £ Crop i)�g anTving. Persons seeking to conduct crop dusting or spraying of agricultural chemicals shall be required to satisfy the Authority that: (1) Suitable arrangements have been provided for the safe storage and containment of noxious chemical materials; no poisonous or inflammable materials shall be kept or stored in close proximity to other facility installations at the Airport. (2) The operator shall have available properly certificated aircraft suitably equipped for the agricultural operation undertaken. (3) The operator shall make suitable arrangements for servicing the aircraft with adequate safeguards against spillage on runways and taxiways or pollution or disbursal of chemicals by wind to other operational areas on the Airport. Ordinance No. 1192 Minimum Standards for Airport Page —8- g. Parachuting Trams and Activities_ All persons conducting parachute training and/or activities shall provide: (1) At least one properly certified parachute instructor available at least eight hours per day five days per week, and present on the Airport any time instruction or activities are being conducted by or through the Special FBO Parachuting Training and Activities. (2) At least one aircraft properly equipped and maintained for parachute jumping and such additional types of aircraft as may be required to give instruction of the kind(s) advertised. (3) Adequate classroom space for at least 10 students with proper rest room and seating facilities. (4) Adequate mock-ups, pictures, slides, film strips, visual aids, and other such static physical training facilities necessary to provide proper ground school instruction. (5) Properly certificated instructor providing regularly scheduled ground school instructions sufficient to enable students to pass tests and achieve ratings appropriate to the type of parachute activities to be engaged in. (6) A properly constructed and fully equipped paraloft and packing and rigging facility on the airport to properly maintain, store, and repair all equipment involved in parachuting activities. (7) Shall provide liability insurance of at least one million dollars ($1,000,000.00) per parachutist in addition to the minimum insurance requirement in Section 4k. h. Combination Activities. A person conducting a combination of the specific activities listed hereinabove shall not be required to duplicate the requirements of the individual activities but where the requirement of one activity is sufficient to meet the requirement of a separate activity to be conducted the one facility shall be sufficient to meet both requirements. SECTION 7. A SPECIAL FIXED RASE, OPERATOR shall be any individual, corporation, or firm, which is authorized to engage in one or a combination of services and activities listed in Section 6.b. through 6.g. above. Any Special Fixed Base Operator shall be completely governed by the same minimum standards as to any activity or service involved as is herein made applicable to a General Fixed Base Operator at said airport. Ordinance No. 1192 Minimum Standards for Airport Page —9- SECTION 8. MAINTE,NANCR MANAGE.ME,NT AGREEMENT. Nothing herein contained shall be construed as to limit the right of the Authority to enter into a contract and agreement with a General Fixed Base operator which is separate and distinct from his lease agreement with respect to the maintenance and overall supervision of the Fairhope Municipal Airport and to designate such operator as the General Manager of the H. L. "Sonny" Callahan Airport. SECTION 9. THROUGH -THE -FENCE, OPERATIONS. Through -the -fence operations are prohibited. Applications for through -the -fence operations are not desired and will not be approved. The above Minimum Standards have been determined to be relevant and reasonable by the Federal Aviation Administration as evidenced by their email of November 3, 2003. The above Minimum Standards have been approved and adopted by the Fairhope Airport Authority in a duly noticed meeting of said Authority on the October 29, 2003, at which a quorum was present; and the Board approved these Minimum Standards for the operation of the H. L. "Sonny" Callahan Airport, and sent them to the Fairhope City Council for adoption as a City Ordinance. On November 10, 2003, the Fairhope City Council, at a duly noticed meeting at which a quorum was present, approved and adopted these Minimum Standards for the operation of the H. L. "Sonny" Callahan Airport. SECTION 10. SEVEIABILLM Each phrase, sentence, paragraph or section of this ordinance is severable from all other such phrases, sentences, paragraphs or sections. Should the courts declare any part of this ordinance unconstitutional or invalid, such declaration shall not affect any other part or portion of this ordinance SECTION 11. F,FFECTTVF, DATE.: This ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED THIS THE 1 Oth AY OF NOVEMBER , 2003. ATTEST: 5.�enieceWnson, City r easurer