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HomeMy WebLinkAbout1992-120 Airport Minimum Standards CITY OF ASHLAND PRIMARY FIXED BASE OPERATOR Minimum Standards at ASHLAND MUNICIPAL AIRPORT Ashland, Oregon PURPOSE -The following "Minimum Standards" and requirements for general aviation commercial aeronautical activities APPLY T~ ANY FIXED BASE OPERATION AT THE ASHLAND MUNICIPALAIRPORT AND have been established in the public interest for the safe and efficient operation of the Ashland Municipal Airport (AIRPORT) to enhance the orderly growth; to comply with Federal, State and local government legal requirements; and to provide information to parties operating or desiring tooperate at the Airport. These standards establish minimum levels of service that shall be offered in order to protect the public welfare and prohibit irresponsible, unsafe, or inadequate services. The City of Ashland (CITY) reserves the right' to waive these standards, or portions thereof, when it deems in its discretion, such'waiver is in its best. interest and would not be discriminatory.to those operations.arc'the airport. FOR OTHER ACTIVITIES, PLEASE INQUIRE REGARDING STANDARDS FOR ~HOSE PARTICULARS. Set forth below are minimum standards and criteria applying to the general aviation commercial activities at the airport. SECTION 1. Definitions "".~ ,: The following terms used in the'Minimum Standards are defined as follows: Aeronautical Activity - Any commercial activity which involves, makes possible, or is required for the operation of general aviation aircraft, or which contributes to or is required for the safety of such operations, but does not include activities of Air Carriers, Air Commuter Service providers, or the military. Aeronautical Activity Provider - A commercial enterprise providing one or more aeronautical activities for the general aviation public as hereafter enumerated, also hereinafter called a Specialty Operator. Air Carriers - The commercial system of air transPortation,' consisting of the Certified Route Air Carriers, Supplemental Air Carriers, commercial operators of large aircraft (Aircraft Charter), and Air Travel Clubs, all using aircraft capable of carrying 60 or more passengers. Air Commuter Service - An Air Taxi which performs at least five round trips per week between two or more points and publishes flight schedules.which specify the times, days of the week, and points between which flights are performed. Operators which are registered under 14 CFR Part 298 may also operate aircraft of less than 60 passenger, and less than 18,000 lb. payload capacity. Air Taxis in this category are required to have a lease and/or operating agreement with the City. Aircraft Charter - The provision of aircraft larger than Air Taxi for hire, with pilot, on an irregular or unscheduled basis in accordance with FAR Part 121. ~' Aircraft Rental - The rental of an aircraft without a pilot. Air Taxi - The carriage in air commerce of persons or Property for compensation or hire, on a demand basis, as a commercial operator -(not an air carrier) in aircraft having a maximum seating capacity of less than 20 passengers or a maximum payload capacity of less than 6,000 pounds, or the carriage in air commerce of persons or property in common carriage operations solely between points entirely within any state of the United States in .aircraft having a maximum seating capacity of 30 seats or less or a'maximum payload capacity of 7,500 pounds or less. These operatorS-°perate in accordance with FAR Part 135. Air Travel Club - An operator who engages in the carriage by aircraft of persons who are required to qualify for that Carriage by payment of an assessment, dues, membership fee, or other similar types of remittance. Ashland Municipal Airport~ Sumner-Parker Field, a municipal general aviation airport operated by the City of Ashland, also referred to as "AIRPORT". Aviation Related Business - A business in which the service, product, or activity is directly used in the operation or service of aircraft. Certificated Route Air Carrier - An air carrier holding a Certificate of Public Convenience and Necessity issued by DOT to conduct scheduled services. Non-scheduled or charter operations may also be conducted by these carriers. City of Ashland - The City of Ashland, Oregon, 'an Oregon Municipal Corporation and owner of the Ashland Municipal Airport, also referred to as "CITY". Fixed Base operator - An Aeronautical Activity Provider meeting specified minimum standards contained herein and providing one or more Aeronautical Activities for general aviation users. Flying Club - An association of pilots who collectively own, lease, or rent aircraft. .Each club must be a non-profit corporation (in accordance with IRS rules) or partnership. EaCh member must be a bona fide stockholder in the corporation. The club's aircraft may not be used by other than bona fide members for rental and by no one for commercial operations as defined by these standards. General AViation - The following aviation activities: Use of aircraft.forprivate, business, recreational or agricultural purposes, but not including the activities of Aeronautical Activity Providers, Air Carriers, or military activity. Minimum Standards - The qualifications established by the City in this document as the minimum requirements to be met, as a condition for the right to conduct an Aeronautical Activity on the Airport. Non-Commercial Aviation Operation - A business or corporate group engaging in general aviation activity only for the private or internal purposes of such business or corporate enterprise and not offered as a commercial activity or service to the general public. Normal Business Hours - Eight (8) hours per day except as otherwise' aUth6rized by the City. Person - Individual, partnership, joint venture, corporation, stock company, association, or any other business organization. Primary Fixed Base .Operator - TheFixed Base Operator leasing the City terminal building, ma~ntenancehangar and fueling facilities from the City. Ramp Service - The provision of minorservices for ~ircraft~, including loading and unloading, cleaning, washing, adding oil, parking, and tying down of aircraft. Ramp Service may also include minor repairs performed on the ramp that can be completed in an 8-hour period and that do not require major disassembly of aircraft. Scheduled Air Carrier - An Air Carrier performing regularly scheduled air transportation over specific routes to and from Ashland. Scheduled Air Carriers are required to have an operating agreement with the City.~ Specialty Operator - See Aeronautical Activity Provider. Supplemental Air Carrier - An Air carrier holding a Certificate of Public Convenience and Necessity issued by DOT authorizing the carrier to perform passenger and cargo charter services supplementing the scheduled service of the Certificated Route Air Carriers. Such carriers are not directly covered by the Mi. nimum Standards unless based at the Airport. Such carriers are required to have an operating agreement with the City. SECTION 2. Permit - No person, including an Aeronautical Service Provider, shall offer or perform an Aeronautical Activity, operation, or service at the Airport without written authority for such service, operation or activity having first been obtained from the City. Such authority will generally be contained~in a permit from, or lease, or operating agreement with, the city. Aeronautical Activities of Scheduled Air Carriers and municipal, state and federal agencies shall be ~required under other appropriate regulations and agreements with the City.. SECTION 3. Exclusive License Prohibited. No permit, license, or lease for exclusive rights to provide an aeronautical activity, service, or operation at the Airport shall be issued by the City, unless such licenses or leases are permitted by law. The City may grant permits or leases to other persons for the performance of services as provided in these standards, provided that said person complies with the minimum requirements as set forth in these standards. SECTION 4.. Ground Lease and Structures. Operators who are required by the nature of the Aeronautical Activity at the Airport who'de~re, or who are required by these Minimum Standards, to Provide or obtain ground space and to occupy structures at the Airport for such activities, shall enter into a lease agreement(s) with the City for rental of such land and/or structure on such terms and provision as the City shall require; provided, however, the terms and provisions of the lease shall not-be arbitrarily discriminatory to the lessee. All lessees must first be approved by the City and lease proposals shall be evaluated against, and guided by, these Minimum Standards. The City s~all allocate ground space to Lessees in accordance with the City's policies, Airport Master Plan and land use plans adopted by the city. Such leasees shall be required to obtain a business license and a license for commercial activities at the Ashland Municipal Airport to engage in the specified Aeronautical Activity. 4.1 Ail ~tructures erected at the airport shall comply with all applicable building regulations, including fire, electrical and plumbing codes. Structural and architectural design of all structures shall be subject to written approval of the City. 4.2 Termination of Lessee's ground lease or operating agreement without other satisfactory arrangements for ground use by the Lessee having been made with the City shall automatically revoke the license or permit for all Aeronautical activity, service or operation at the Airport. SECTION 5. Fixed Base Operator Cateqories This section describes the various categories of Aeronautical Activity Providers (Fixed Base Operators) that are permitted to conduct commercial Aeronautical Activity, and to have a leasehold upon the airport. An FBO may combine any or all of the categories below, subject to the City's FBO Operator Standards for the Airport and the prior approval of the City. Also included within this section are descriptions of aviation related activities which may have a leasehold but which are not FBOs and may not conduct commercial aeronautical activities, i.e., flying clubs and corporate/private use tenants. The primary Fixed Base Operator shall provide services as defined herein. CATEGORY A. PRIMARY FIXED BASE'OPERATOR BTANDARDS In order to conduct a fixed base operation at the Ashland Municipal Airport (Airport), the City of Ashland (City) requires the Primary Fixed Base Operator (PFBO) to meet the qualifications end minimum requirements for conducting a nonexclusive fixed base operation on the Airport as set forth below. I. QualificatiOns A. Prior to entering into a fixed base operator agreement, the proposed PFBO shall demonstrate the following to the satisfaction of the City: 1. 'Experience in fixed base operations, or other aeronautical experience prior to the date proposed to commence a nonexclusive fixed base operation on the Air, port. ~' 2. Demonstrate good moral character, including but not limited to no convictions for: ae Criminal offenses incident to a public or private contract or subcontract; ViOlations of the Organized Crime Control Act of 1970; Violation of Federal Anti-Trust statutes; Embezzlement, fraud or similar crimes which are indicative of a lack of business integrity, or the suspension or debarment from award of public contracts or terminations of a public contract. 3. Financial ability to carry out all of the terms and conditions of a nonexclusive fixed base operator agreement. 4. Ability to furnish good, prompt, efficient and courteous service on a nonprejudicial basis, adequate to meet all reasonable'demands of the public. II. 5. The applicant for Airport lease will submit a financial statement including all names of owners, of Officers if applicant is a Corporation. Any subsequent change in Officers will be submitted to the City during the duration of the lease. Minimum Requirements and Performance Standards A. The PFBO or a subtenant operating under a sublease duly authorized by the City, shall provide the following minimum goods and services at the Ashland Airport. The City reserves the right to enter into a non-exclusive agreement with an individual other than a PFBO to provide one or more of said minimum goods and services on the Airport. The PFBO shall provide to the General'Aviation market the following minimum goods, services and facilities: 1. A sufficient number of PFBO owned-leased aircraft shall be permanently based at the Ashland Airport: a. For flight training requirements, and b. To reasonably satisfy the needs of the ... community for rental aircraft. Other types of · aircraft are at the option of the lessee. Line services, on a non-contract, on-demand basis during business hours, seven (7) days a week, consisting of: a. Aircraft parking facilities, including transient,"'term and/or monthly aircraft tie-down as indicated'6n lease map, Exhibit A; b.~ Fuel sales and fuel handling services to General Aviation aircraft, during normal business hours. c. The PFBO shall provide 80, 100 and turbine fuel unless otherwise authorized by the City. d. Collection of certain airport fees levied by the City. e. An aircraft maintenance and repair shop in an enclosed hangar building(s) capable of holding a minimum of one light twin engine aircraft, within 12 months from executing lease, if building construction beyond the additional structure is required. f. Maintenance, inspection and repair of airframes, aircraft engines and aircraft accessories by at least one airplane and power plant mechanic (A&P/IA) certified by the FAA to provide such maintenance, inspection and repair services. g. An adequate store of aircraft maintenance and service components. h. The existing terminal building with a total area not'less than 1,000 square feet of ground floor space, providing office area"and public facilities, including a pilots' lounge, public restrooms, public telephones and access to ground transportation. i. A manned Unicom radio transceiver. j. An adequate supply of merchandise and materials related to the operation and safety of General Aviation such as, but not limited to: 1. flight materials 2. maps and charts 3. log books 4. flight computers' 5. manuals Such minimum goods, services and facilities must be provided directly by the PFBO or by a subtenant operating under a sublease approved by City prior to the initiation of the sublease. For the purpose of these standards and services Commercial Aviation is defined as all operations and aeronautical activities performed by air Carriers, air charters, air taxis~ non-scheduled operators and military. General Aviation includes all other aeronautical operations. 3. Fuel Storage and Handling. a. The PFBO shall have personnel, trained in FAA fuel handling procedures, on the premises during normal business hours, and on-cal~ seven (7) days a week, who will provide fuel sales and fuel handling procedures shall be in accordance with FAA Advisory Circular 150/5230-4 "Aircraft Fuel Storage, Handling and DiSpensing on Airports". b. All fuel storage~and dispensing facilities constructed, installed and/or maintained on the Airport must be approved by the City. c. Any fuel delivered into any aircraft by the PFBO shall be dispensed through a filter, conforming to FAA requirements, at the Ashland Airport. d. Fueling of aircraft by a .PFBO at a location other than the PFBO's leased premises shall be permitted only in the event the PFBO is requested to do so by the customer being served. 4. The~PFBO shall obtain and keep in full force and effect at all times all approvals, licenses, permits and certificates necessary to conduct a fixed base operation on the Airport. ~ 5. The PFBO shall comply with all laws, ordinances, rules~ regulations, directives and circulars issued by any federal, state or local government agency having jurisdiction over the Airport, including but not limited to the requirements of Title VI of the Civil Rights Acts of 1964, any Exclusive Right prohibitions, all Affirmative Action requirements of Title 14 Code of Federal Regulations Part 152 and lease provisions required by the FAA. 6. The PFBO shall comply with all the rules and regulations established and maintained by the City. 7. The pFBo shall obtain FAA approval, by way of FAA Form 7460-1 or any other appropriate approvals, prior to commencing any construction or installation on the leasehold. 8. The oPFBO shall pr~vide .reasonable security for the leased~premises. · ~. 9. The PFBO'shall provide necessary and appr6priate training of all employees including, but not limited to, training in fuel safety and fire and accident procedures. 10. The PFBO shall submit to lessor monthly reports of operations, such reports to include but not be limited to data relative to fuel sales, landings and takeoffs, hangar occupancy, number of tie-downs occupied, special events, and ~narrative information as to overall usage of the subject airport. 11. It is mutually understood and agreed that City shall have access to the PFBO's accounts andrecords at any time during the normal business hours upon three days' notice for the purposes of audit. It is, further understood and agreed that the City shall havethe right to one unannounced audit per year at the City's expense. It is mutually understood and agreed that incidental to this right of inspection, that the PFBO shall keep acceptable accounting records according to standard approved accounting procedures for income tax purposes during the term of this lease and for at least three (3) years after the expiration of the lease or the extension thereof. III. Other FBO Rendered Services The PFBO will serve as the City's representative disseminating and monitoring the Rules and Regulations Pertaining to the Ashland Municipal Airport as adopted by Council Resolution No. 78-10 or as amended by the city Council (Exhibit A, attached). IV. Other Services In the conduct of its fixed base operation, the PFBO may conduct other types of business listed in categories B through K on its leased premises subject to the approval of the Airport Commission and City Administrator or authorized designee, or at such other locations as may be approved by the City Administrator or authorized designee. CATEGORY B. .AVIATION FUEL SALES AND I~AMP SERVICE CATEGORY C.~ FLIGHT INSTRUCTION AND AIRCRAFT RENTAL CATEGORY D. AIRCRAFT CHARTER AND AIR TAXI CATEGORY E. CROP DUSTING AND SPRAYING AIRCRAFT SALES '" AIRCRAFT, ENGINE, PROPELLER AND ACCESSORY CATEGORY F. CATEGORY G. MAINTENANCE CATEGORY H. RADIO AND INSTRUMENT MAINTENANCE, REPAIR AND INSTALLATION CATEGORY I. SALE OF PARTS CATEGORY J. AIRCP, AFT PAINTING CATEGORY K. CATEGORY L. CATEGORY M. FLYING CLUBS F~NGAR KEEPER AIRPORT TENANT (CORPORATE'ADN PRIVATE USE) SECTION 9. Noise Impact. Due consideration for the noise impact on the community surrounding the Airport.will be given by the FBO in the selection of aircraft and related activities. In the event the above standards conflict with the provisions of the~City or other applicable local, state or Federal regulatory agency, the most restrictive standard shall be applied. SECTION 10. Facilities Development. The City has the right to further develop and improve the 'airport, its property, improvements and future facilities,. including hangar construction as the City deems appropriate to the public interest and shall have no responsibility to the FBO for any loss of revenue which might be caused by such development or improvement. SECTION 11. Standard Lease Provisions: Lessee and Persons entering into operating agreements will be required to sign agreements containing standard lease language in accordanCe with the following: A~ Insurance - The City imposes certain insurance requirements on all permittees and Lessees. The types of insurance coverages and amount of insurance (minimum limits) may be adjusted periodically by the City Administrator or authorized designee and may be tailored for a specific permit or lease. A "copy· of the types and amounts of required insurance can be obtained from the City. The following list is an example of what the City,may require, but not necessarily be limited to. 1. AirDort Premises Insurance: This insurance protects the City and the public against any and all liability by reason of licensee's conduct incidental to ~licensee's business at the Airport caused by or arising out of any wrongful act, or omission to act, of licensee. 2. Fire Insurance. Fire insurance will provide coverage on buildings.and all facilities occupied for full replacement value unless other coverage amounts have been approved by the City. The proceeds from any fire insurance shall be used for the restoration or reconstruction of the facility(s)'should the City so elect that this be done. 3. Hanqar Keeper's Leqal Liability Insurance. This insurance protects the City and the public against any and all liability by reason of licensee's use, control, or storage of aircraft. 4. Aviation Product Liability Insurance. This insurance protects the City and the public against any and all liability by reason of licensee conducting a repair station, selling lubricants, products, or equipment, and other such services. 5. Automobile Liability Insurance. This insurance protects the City and the public against any and all liability by reason of licensee's vehicles, whether owned, leased, borrowed, or used in licensee's operations at the Airport. 6. Aircraft Liability Insurance. This insurance protects the City and the public against any and all liability by reason of aircraft operation by licensee. 7. Worker's Compensation Insurance. Operators will be required to obtain the statutorily required workers compensation insurance, for all of its employees engaged in work under the terms of the license. '8, General Requirements - All Insurance. Operators willy,be required to name the City as an additional insured on Licensee's insurance policies. Each policy shall contain an endorsement entitling the City to 30 days prior written notice of any material change or cancellation. Insurance policies required shall be placed with companies acceptable to the City and shall be in such form.as the City prescribes. A copy of all policies or certificates of insurance thereof satisfactory to the City shall be delivered to the City prior to commencement of licensee's operations showing the City is an additionally named insured, a certificate of insurance evidencing the coverage in effect, limits and expiration date. B. License and Permit Fees. The fee for licenses and permits shall be as determined by the City. These fees shall be due at time of issuance or renewal of license or permit, and shall be payable in such manner as determined by the City and specified in the permit, license, lease, or other applicable regulation. C. Exclusive Use of Premises. Any licensee wishing exclusive use of any premises upon the airport must enter into a lease agreement with the City, upon such terms, conditions and provisions as contained in the lease agreement. D. Termination of Lease or License. The failure of a lessee, permittee,-or licensee to comply with the terms of the lease, license, permit, or operating agreement will give the City the right to terminate the agreement or permit. A licensee may appeal any'license termination to the City Administrator upon filing written notice of appeal with the City Administrator within 10 days after termination. E. Notice. Ail Aeronautical Activity Providers shall notify the City Administrator or designee in writing of Aeronautical Activity Providers current mailing address. Any notice given by City to Aeronautical Activity Providers shall be deemed to have been received upon personal receipt, or if mailed, either the date of receipt if mailed by certified mail, return receipt requested, or three days after the date of mailing, whether mailed by certified mail or first class mail, whichever occurs first. F. Qperation of Business. No Aeronautical Activity Provider shall conduct their business so as to cause a nuisance or to disturb the quiet enjoyment of others, or unreasonably interfere with the operation of other Aeronautical Activity Providers at the Airport. No Aeronautical Activity P~ovider shall interfere with the convenience or safety of transient aircraft or other operations of the airport. If Aeronautical Activity Provider.~s~.flight operations interfere with the safety or convenience of other aircraft, airport users, or air~ operations, the City may impose restrictions upon such Aeronautical Activity Provider. G. Reqistration of Aircraft and Commercial Pilots. Any aircraft owned or operated by the licensee and used in its operation shall be registered with the State of Oregon in compliance with ORS 493.030 except as individually registered or covered by a current aircraft dealer's license. Any pilot employed by licensee or any pilot using any of licensee's aircraft shall be registered with the State of Oregon as required by ORS 493.040, except as exempted by said statute. H. Non-discrimination. Aeronautical Activity Provider, permittee, licensee, or lessee, their heirs, personal representatives, successors in interest and assigns shall not discriminate on the grounds of race, color, religion, sex or national origin in the conduct of its business, furnishing of services, or construction of any improvements if permitted by City. I. Combination with Other Operator. No operator shall combine their operations or quarters with any other operator without prior written approval of the City. J. Use of Airport' Premises. Operator shall use the airport premises in compliance with all rules and regulations imposed.by City, State, or United States Government, including~'~those imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discriminatiOn of Federally Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act of 1964, and as said rules regulations or statues may be amended after issuance of the license. SECTION12. Severability. The~Sections andsubsections of these minimum standards are hereby declared severable, and the invalidity of any one section or subsection, word, paragraph or sentence shall not effect the validity of the remaining sections, subsections, words, sentences or paragraphs. Catherine M. Golden, Mayor 22 CITY OF ASHLAND ASHLAND MUNICIPAL AIRPORT MINIMUM INSURANCE REQUIREMENTS FOR AERONAUTICAL ACTIVITY PROVIDERS JULY 1989 The City of Ashland will require any or all, but not be limited to, the following minimum insurance types and amounts for aeronautical activity providers at the Ashland Municipal Airport. Each individual Aeronautical Activity Provider will be analyzed by the City for specific requirements. Aeronautical Activity Providers are required to produce proof of insurance as required by the City of Ashland prior to issuance of a Business License (Ashland Municipal Code Title 6, Chapter 6.04) or Licenses for Commercial Activities at the Ashland Municipal Airport (Ashland Municipal Code, Title 6, Chapter 6.38). General definitions of the types of insurance are contained in section ll.A of the General Aviation Minimum Standards for the Ashland Municipal Airport as adopted by the Ashland City Council. GENERAL REQuIREMENTS-ALL INSURANCE OperatorS~will be required to name the City as an additional insured on Licensee's insurance policies. Each policy shall contain an endorsement entitling the City to 30 days prior written notice of any material change or cancellation. Insurance policies required shall be placed with companies acceptable to the City and shall be in such form as the City prescribes. A copy"0f.all .policies or certificates of insurance thereof satisfactory to the City shall be delivered to the City prior'to commencement o~ licensee's operations showing the City is an additionallynamed insured, a certificate of insurance evidencing the coverage in effect, limits and expiration date. AIRPORT PREMISES INSURANCE The minimum insurance coverage shall be $1,000,00©. FIRE INSURANCE The minimum insurance coverage shall be for the full replacement value of the facilities. The proceeds from any fire insurance shall be used for the restoration or reconstruction of the facility(ies) should the City so elect that this be done. HANGAR KEEPERS LEGAL LIABILITY INSURANCE The minimum insurance coverage shall be $100,000 for each aircraft and $500,000 each occurence. AVIATION PRODUCT LIABLITY INSURANCE The minimum insurance coverage shall be $1,000,000. AUTOMOBILE LIABILITY INSURANCE The minimum insurance coverage shall be $500,000 combined single limit liability for bodily injury including death, and property damage in any one occurence. AIRCRAFT LIABLITY INSURANCE The minimum insurance coverage shall be $1,000,000 provided however that if licensee operates aircraft with the capacity of more than four (4) persons, including pilot and/or flight crew, minimum amount of coverage required shall be $2,000,000. If operation of aircraft with a capacity of more .than four (4) persons is occaisional, licensee shall furnish.proof of insurance prior to each operation. WORKER'B COMPENBATION INSURANCE All Aeronautical Activity Providers will be required to obtain the statutorily required workers comPensation insurance, for all of its employees engaged in work under the terms of the lease.