HomeMy WebLinkAboutO-1219ORDINANCE NO. 1219
MINIMUM STANDARDS
FOR FIXED BASE OPERATORS AT
H.L. "SONNY" CALLAHAN AIRPORT
FAIRHOPE, ALABAMA
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;
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.
ORDINANCE NO- 1219
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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.
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.
ORDINANCE NO- 1219
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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.
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) broad form contractual public liability and property damage insurance to protect the
operator, the Authority, and the City from legal liabilities involved. The City of Fairhope, the Fairhope
Airport Authority, and other fixed base operators on the airport will be included as named insured(s).
Insurance will be provided for the following: Comprehensive Public Liability and Property Damage;
Bodily Injury, each person/each accident; Property Damage, each accident; Aircraft Liability Bodily, each
person/each accident; Property, each accident; Passenger Liability (if applicable), each passenger/each
accident.
Section 5. GFNFRAT, 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.
ORDINANCE NO. IM
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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 ARRONAIiTIC'AL 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 Oil Sales_ Persons conducting aviation fuel and oil sales on the Airport shall be
required to provide:
(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 Accessory 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 have 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 air frame and engine mechanic available during eight hours of the
day, five days per week.
(5) Facilities for washing and cleaning aircraft.
ORDINANCE NO-1214
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(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.
(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.
ORDINANCE NO- 1219
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(3) For rental, at least two airworthy aircraft suitably maintained and certificated.
(4) Adequate facilities and appropriately certified personal for servicing and repairing the
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 airci
for sale or for checking out rental aircraft.
(6) The minimum stock of readily expendable spare parts, or adequate arrangements for
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 check lists and operating manuals on all aircraft rented and adequate -parts
and service manuals on new aircraft sold.
f. Crop Dusting and Spraying. Persons seeking to conduct crop dusting or spraying of agricultu
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 of
operational areas on the Airport.
g. Parachuting Training and Activities All persons conducting parachute training and/or activil
shall provide:
(1) At least one properly certified parachute instructor available at least eight hours per day fivi
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 facili
(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 activiti
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.
ORDINANCE NO. 1912
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(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. i 11tralight Training and Activities_ All persons conducting ultralight training and/or activities
shall provide:
(1) At least one properly certified ultralight 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 Uttralight Training and Activities.
(2) At least two ultralight vehicles properly equipped and maintained as may be required to give
instruction of the kind(s) advertised or to conduct any ultralight operations.
(3) A leased or constructed building on airport property of sufficient size and with properly
lighted and temperature -controlled spaces to perform work, office space, storage, at least two (2) public rest
rooms, a public use telephone, a constructed paved ramp, with a total ramp/building space of at least
10,000 square feet.
(4) Adequate classroom space for at least 10 students with proper rest room and seating facilities.
(5) Adequate mock-ups, pictures, slides, film strips, visual aids, and other such static physical
training facilities necessary to provide proper ground school instruction.
(6) Normal operating hours for ultralight vehicles shall be 8 AM to 5 PM 5 days per week,
excluding holidays and weekends, and only during periods of visual flight rules (VFR) weather.
(7) Shall provide liability insurance of at least one million dollars ($1,000,000.00) per vehicle in
addition to the minimum insurance requirement in Section 4k.
i. Storage of Aircraft. All persons engaged in the business of storing aircraft shall provide:
(1) A leased or constructed aircraft storage area of at least 10,000 square feet.
(2) For other than t-hangar storage:
(i) Supervisory personnel available on site 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.
(ii) Adequate aircraft movement equipment (tugs and tow bars) for stored aircraft, and qualified
personnel to operate them.
(3) For t-hangar storage:
(i) Supervisory personnel on no more than thirty (30) minute call by readily accessible telephone.
(ii) Rental/lease requirements for aircraft owners to be responsible for all liability associated with
their removing and replacing their own aircraft out of and into the t-hangar.
(iii) Rental/lease requirements for aircraft owners to mailtain acceptable levels of insurance with
additional named insured(s) as listed in paragraph 4k.
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ORDINANCE NO.1214
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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.
Section 8. MAINTF.NANCE/MANAGF.MENT 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-THF,-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 I 1
The above Minimum Standards have been approved and adopted by the Fairhope Airport Authority in a
duly noticed meeting of said Authority on the May 11, 2004 , 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 May 27, 2004 , 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.
This ordinance shall take effect upon its due adoption and publication as required by law.
ADOPTED THIS THE 27th nAY OF Tune , 2004.
Attest:
Geniece W. Johnson, City Cie
711surer