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HomeMy WebLinkAbout1989-106 Airport Minimum StandardsDecember 28, 1989 Brian L. Almquist, City Administrator Steve Hall, Public Works Director New Minimum Standards - Ashland Municipal Airport ACTION REQUESTED City Council rescind the standards adopted by motion on March 3, 1987 and adopt by motion the attached Minimum Standards for the Ashland Municipal Airport. BACKGROUND With the contractual agreement with Ashland Air, Inc., the City Council adopted Fixed Base Operator Standards by motion at the regular Council Meeting on March 3, 1987. In the last year, with increased activities at the airport, problems began to arise as independent operators, other than the City's Fixed Base Operator (FBO), began operating out of vehicles. The Airport Commission viewed this as being unfair competition to the FBO as the City's FBO, Ashland Air, had very specific standards and criteria they had to meet within the lease from the City. As time went on, an application was made by John Lockheed, Jr. to become a flight instructor, and possibly an FBO, at the Municipal Airport. Mr. Lockheed had applied for a ground lease to install a trailer on the site as a temporary office. As staff and the Airport Commission began to review the request, it was found that the current standards only apply to the FBO who is leasing City facilities. In further reviewing the requirements of the Federal Aviation Administration, the City received a copy of FAA Advisory Circular, No. 150-5190-2A, which deals with standards and rights at federally funded airports. A particular section of that which caused some problems with the current airport standards are quoted as follows: "Exclusive Right. A power, privilege, or other right excluding or debarring another from enjoying or exercising a like power, privilege or right. An exclusive right may be conferred either by express agreement, by imposition of unreasonable standards or requirements, or by any other means. Such a right conferred on one or more parties but excluding others from enjoying or exercising a similar right of rights, would be an exclusive right." New Minimum Standards - Ashland Municipal Airport December 28, 1989 Page Two A few paragraphs down in that same document, quotes as follows: "Minimum Standards. The qualifications which may be established by an airport owner as the minimum requirements to be met as a condition for the right to conduct an aeronautical activity on the airport." The Airport Commission found itself between "a rock and a hard spot" as we did not really have minimum standards for any other activity at the airport other than the current FBO, Ashland Air. Staff researched what other airports were doing and, after a recommendation from the FAA in Seattle, acquired a copy of the minimum standards currently adopted by the Port of Portland Airport. After extensive review of that document by the Airport Commission and staff, the attached "Minimum Standards" is recommended unanimously by the Airport Commission and staff for your approval and adoption by motion. Although this document is considerably more complex than the initial minimum standards, and deals with a lot of specific activities, the Airport Commission felt it necessary to adopt such a document to deal with increased pressures for development at the airport and the increased competition for flight instruction, aircraft maintenance and similar activities. Also, the Airport Commission felt there needed to be stricter control on these operations so that the City could control these operations and insure that the activities at the airport were of adequate quality and serving on a basis similar to that required of the City's current FBO. You will note that the Minimum Standards differentiate between the "Primary Fixed Base Operator" and other Fixed Base Operators. The differences are primarily due to the lease agreement with Ashland Air as our primary FBO and other potential future FBO's which may have to construct their own facilities. The primary FBO standards also match carefully with the lease agreement with Ashland Air. SUMMARY Increased activities at the airport have revealed weaknesses in the current standards. Airport Commission wishes to have better control for the City on those wishing to conduct aeronautical activities at the airport. New Minimum Standards - Ashland Municipal Airport December 28, 1989 Page Three The attached agreement has been reviewed by the Airport Commission and staff and approval is recommended. FAA recommended the model ordinance from the Port of Portland. The proposed Minimum Standards will provide for a logical and reasonable method for dealing with future aeronautical providers at the airport. CC: ench Airport Commission Jeremy Scoff, Ashland Air, Inc. John Lockheed, Jr., Lockheed Flight Service Proposed "Minimum Standards" Current Minimum Insurance Standards CITY OF ASHLAND GENERAL AVIATION Minimum Standards at ASHLAND MUNICIPAL AIRPORT Ashland, Oregon PURPOSE - The following "Minimum Standards" and requirements for general aviation commercial aeronautical activities 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 to operate 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 at the airport. 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. 1 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 operate 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 for private, 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 authorized by the City. Person - Individual, partnership, joint venture, corporation, stock company, association, or any other business organization. Primary Fixed Base Operator - The Fixed Base Operator leasing the City terminal building, maintenance hangar and fueling facilities from the City. Ramp Service - The provision of minor services for aircraft 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 3 supplementing the scheduled service of the Certificated Route Air Carriers. Such carriers are not directly covered by the Minimum 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 desire, 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 shall 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 structures 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 Categories 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 STANDARDS 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 and minimum requirements for conducting a nonexclusive fixed base operation on the Airport as set forth below. I. Oualifications 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 Airport. 2. Demonstrate good moral character, including but not limited to no convictions for: 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. 5 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. 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. II. 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 of private, commercial, and instrument pilot ratings, and b. To reasonably satisfy the needs of the community for rental aircraft. Other types of aircraft are at the option of the lessee. 2. Line services, on a non-contract, on-demand basis during normal business hours, seven (7) days a week, consisting of: a. Aircraft parking facilities, including transient, term and/or monthly aircraft tie-down as indicated on lease map, Exhibit A; b. Fuel sales and fuel handling services to General Aviation aircraft, during daylight 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. 6 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 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. The mechanic(s) shall be based in Ashland unless otherwise authorized by the City. g. An adequate store of aircraft maintenance and service replacement parts and accessories. 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 duty during daylight hours, seven (7) days a week, who will provide fuel sales and fuel handling procedures shall be in accordance with 7 FAA Advisory Circular 150/5230-4 "Aircraft Fuel Storage, Handling and Dispensing on Airports". b. Ail 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 PFBO shall provide reasonable security for the leased premises. 9. The PFBO shall provide necessary and appropriate 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. 8 11. It is mutually understood and agreed that City shall have access to the PFBO's accounts and records 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 have the 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 RAMP SERVICE A Fixed Base Operator in this category shall comply with all the minimum standards, and provide all of the Aeronautical Activities, hereinafter listed: Land Area: Lease from the city sufficient land on which to locate intended storage and dispensing equipment, buildings, aircraft parking area, tie-downs, auto parking, taxiways, apron or other arrangement approved by the City. Such lease area may be reduced accordingly. Building Area: Construct, lease or otherwise have available at least one building, conveniently located incorporating properly lighted and heated floor space and office, and provide for public and customer use, a waiting area, rest rooms, and public telephone. Personnel: Have personnel on full-time duty during normal business hours, or as otherwise agreed by the City, adequately trained to operate fuel dispensing equipment in accordance with all applicable local, state and federal laws. Aircraft Fuel Sales: Administer, operate aviation fueling facilities, and sell appropriate aviation fuels to the public. FBO shall comply with all terms and conditions of the City. 4.1 REQUIREMENTS FOR COMMERCIAL FUELING (a) Fueling Areas: Designate a specific area(s) for aircraft fueling and mark such areas (no smoking, etc.) (see NFPA 407 and FAA Advisory Circular 150/5230-4). (b) Fueling Systems: Maintain separate fueling systems for each grade of fuel provided including separate tanks, filters, pumps and hoses. Groundinq: Provide and use adequate grounding (see uniform fire code NFPA 407, Article 24, 1985 ED) facilities in each fueling area and utilize such grounding during all fueling operations. (d) Fire Extinguishers: Provide fire extinguishers in all fueling areas and on all mobile fueling equipment in accordance with NFPA and FAA Standards (s~e subsection g below). Each extinguisher shall be checked and recharged, if necessary, every month. (e) Fuel Filters: Fuel filters shall be changed in accordance with the fuel pump and filter manufacturers standards. (f) Types of Fuel: Lessee shall provide 80, 100 and turbine fuel unless otherwise authorized by the City. (g) FAA Standards: FAA advisory circular 150/5230-4 as amended pertaining to aircraft fuel, storage and handling shall be complied with. (h) Fuel Reportinq: Register with the fuels tax branch, State of Oregon Department of Motor Vehicles; provide copies of the monthly fuels tax report to the City (see ORS 319.140) no later than 30 days following the end of the month. (i) Meters to be Licensed: License all fuel dispensing equipment with the Dept. of Agriculture, weights and measures division (ORS 618.121). 10 (J) Tank Capacity: Provide at least 10,000 gallons of fixed (permanent) tank capacity for each type of fuel provided. (k) Fuelinq Safety, Standards and Spills: Comply with the requirements of the City and Oregon Dept. of Environmental Quality relating to spills and other standards as promulgated by the City. (1) Storaqe Facilities: Ail above and underground fuel storage facilities shall be constructed and maintained to current State of Oregon Department of Environmental Quality requirements. The aeronautical activity provider shall hold the City harmless and pay all expenses for correction of contamination caused by their facilities and operations. 5. Ramp Service: Perform Ramp Service for the general aviation public, air carriers, and other persons and firms. 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. 6. Airport Surveillance. FBO shall post in a conspicuous place on any premises used by the FBO all rules and regulations imposed and furnished by the City pertaining to the public use of the airport. FBO shall notify City of any potentially dangerous conditions or hazards existing at the Airport. CATEGORY C. FLIGHT INSTRUCTION AND AIRCRAFT RENTAL A Fixed Base Operator in this category shall comply with all the minimum standards, and provide all of the Aeronautical Activities, hereinafter listed: 1. Have available on a full-time employment basis at least one employee during normal business hours, or as otherwise agreed by the City. The instructor pilot shall have appropriate and current Federal Aviation pilot and medical certificates. 2. Provide and, at all times, maintain at least one aircraft owned or leased by and under the exclusive control of this fixed base operator which is properly equipped and Federal Aviation Administration certificated for flight instruction and rental. 3. Lease from the City sufficient land on which to locate all required improvements and parking space for customers and to provide classroom and/or office space. Customary accommodations for the convenience of users, including a 11 pilot waiting area, rest rooms, informational services (such as connections to the flight service stations and United States Weather Bureau) and public telephone service will also be provided. 4. Continuously meet requirements for certification of flight instructor personnel and aircraft by the Federal Aviation Administration. 5. Assure that personnel operating rental equipment obtained from the subject Fixed Base Operator have appropriate and current Federal Aviation Administration Pilot and approved medical certificates. 6. Have personnel on full-time duty during normal business hours as set forth in the lease. CATEGORY D. AIRCRAFT CHARTER AND AIR TAXI A Fixed Base Operator in this category shall comply with all the minimum standards, and provide all of the Aeronautical Activities, hereinafter listed: 1. Have available on a full-time employment basis, during normal business hours, or as otherwise agreed by the City, a minimum of one Federal Aviation Administration certificated pilot with current commercial and instrument ratings and approved Medical Certificate. 2. Lease from the City sufficient land on which to locate all required improvements, including aircraft tie downs and automobile parking, and provide (for the convenience of passengers) a waiting area, rest rooms, public telephone, etc. in a building or in space rented from the City. 3. Provide satisfactory arrangements for the checking in of passengers, handling of luggage, ticketing, and ground transportation, etc. 4. Provide and, at all times, maintain at least one (1) currently certified and continuously airworthy aircraft owned or leased by and under the exclusive control of this Fixed Base Operator, properly certificated for air charter or air taxi service. CATEGORY E. CROP DUSTING AND SPRAYING A Fixed Base Operator in this category shall comply with all the minimum standards, and provide all of the Aeronautical Activities, hereinafter listed: 12 1. Furnish suitable arrangements for the safe loading, unloading, storage and containment of hazardous chemical materials. 2. Furnish a minimum of one (1) aircraft with pilot. The aircraft shall be suitably equipped for agricultural operations with adequate safeguard against spillage or chemical spray mixtures or materials on runways and taxiways or dispersal by wind force to other operational areas of the airport. The pilot shall have appropriate and current Federal Aviation Administration pilot and medical certificates. 3. Lease from the City adequate land upon which to locate all required improvements (including a hazardous waste spill containment system), provide under terms agreeable to the City for their exclusive use an area for use as a shop or storage space, and provide adequate vehicle parking. 4. Any hazardous materials handled, loaded and stored shall, at all times, be handled, loaded and stored in accordance with State, Federal, County and City laws, rules and regulations. Any leased premises by the licensee at the Airport shall be surrounded with a 6 foot high, chain-linked fence or similar barricade to prevent entry. Any garbage or rubbish which contains or contained agricultural spray chemicals shall not be stored on the airport and shall be disposed of by the licensee off the Airport premises in a lawful manner; no incinerator or open burning is permitted on the Airport for such disposal. CATEGORY F. AIRCRAFT SALES A Fixed Base Operator in this category shall comply with all the minimum standards and provide all of the Aeronautical Activities, hereinafter listed: 1. Have personnel on full-time duty during normal business hours, or as otherwise agreed by the City. 2. Have a minimum of one (1) fully qualified demonstrator pilot employee with current and appropriate Federal Aviation Administration pilot and approved medical certificates. 3. Lease from the City sufficient land on which to locate all required improvements, including customer parking, and office space. 4. Sell only Federal Aviation Administration certified and currently airworthy aircraft to the general public. 13 5. FBO shall be registered with the State of Oregon Aeronautics Division annually in compliance with ORS 493.140, and shall comply with applicable laws governing aircraft dealers during the term of the lease. CATEGORY G. AIRCRAFT, ENGINE, PROPELLER ANDACCESSORY MAINTENANCE A Fixed Base Operator in this category shall comply with all the minimum standards and provide all of the Aeronautical Activities, hereinafter listed: 1. Lease from the City land sufficient to provide customer parking, office space, customer waiting area, and inventory storage. 2. Furnish facilities and equipment for airframe and power plant repairs with at least one duly Federal Aviation Administration certified A&P Mechanic and such other personnel as may be necessary. Such airframe and power plant repair shall include facilities for repair of aircraft and engines used in private aviation in this area. 3. Maintain and operate a repair station approved by the FAA with ratings as follows: Engine, airframe and accessories - classes 1, 2, and 3. 4. Have personnel on full time duty during normal business hours, or as otherwise agreed by the City. CATEGORY H. RADIO AND INSTRUMENT MAINTENANCE, REPAIR AND INSTALLATION A Fixed Base Operator in this category shall comply with all the minimum standards, and provide all of the Aeronautical Activities, hereinafter listed: 1. Lease from the City sufficient land on which to locate all required improvements including a shop and storage space and to provide adequate parking. 2. Have available on a full-time basis during normal business hours, or as otherwise agreed by the City, Federal Aviation Administration certificated technicians in the field of aircraft electronics and/or aircraft instruments with proper Federal Communications Commission license to conduct complete aircraft transmitter, receiver and antennae repair. 3. Maintain and operate a repair station approved by the FAA with ratings as follows: Avionics - classes 1 and 2. 14 4. Provide satisfactory arrangements for access to and storage of aircraft being worked on. CATEGORY I. SALE OF PARTS A Fixed Base Operator in this category shall comply with all the minimum standards, and provide all of the Aeronautical Activities, hereinafter listed: 1. Lease from the City land sufficient to provide customer parking, office space, customer waiting area, and inventory storage. 2. No repairs shall be permitted on the premises, or elsewhere on the Airport, unless licensed under categories F or G above. 3. Have available on a full-time basis during normal business hours, or as otherwise agreed by the City, personnel to sell aircraft parts. CATEGORY J. AIRCRAFT PAINTING Fixed Base Operators in this category shall comply with all minimum standards contained within this document and provide all of the Aeronautical Activities herein after listed: 1. Lease from the City sufficient land on which to locate all required improvements including a hangar, shop storage and office space. 2. Comply with all state and federal regulations regarding painting and the storage of painting materials including OSHA and fire regulations. 3. Any hazardous materials handled, loaded and stored shall, at all times, be handled, loaded and stored in accordance with State, Federal and City laws, rules and regulations. 4. Any garbage or rubbish which contained painting chemicals shall not be stored on the Airport and shall be disposed of by the licensee off the Airport in a lawful manner; no incineration or open burning is permitted on the Airport for such disposal. 5. Have personnel available on a full-time basis during normal business hours, or as otherwise agreed by the City. CATEGORY K. HANGAR KEEPER 15 An Airport tenant in this category shall comply with all of the applicable minimum standards contained herein and: 1. Lease from the City sufficient land for lessees exclusive use which shall be improved in accordance with applicable development standards and use restrictions pertaining to the airport. 2. Sublease hangar space and tie-down area to general aviation solely for the purpose of storing aircraft. Such storage shall be only allowed in manner approved by the City. 3. Provide access to all hangars to the City for the purpose of inspection. Provide to the City upon request, but not less than annually, a listing of all aircraft stored by type, N-Number, and lessees name and address. CATEGORY L. AIRPORT TENANT (CORPORATE ADN PRIVATE USE) An airport tenant in this category shall comply with all of the applicable minimum standards contained herein and: 1. Lease from the City sufficient land for lessees exclusive use which shall be improved in accordance with applicable development standards and use restrictions pertaining to the airport. 2. Conduct only Non-Commercial Aviation Operations. Be prohibited from engaging in any of the activities of Aeronautical Activity Providers, Air Commuter Service or Air Carriers, defined elsewhere in these standards, unless specifically approved by the City in the Lease Agreement between the City and the tenant. 3. Aircraft owned by the tenant or operated from the property leased to or occupied by the tenant are to be operated by personnel who hold appropriate and current Federal Aviation Administration pilot and medical certificates or are to be under the supervision of such personnel. CATEGORY M. FLYING CLUBS An Airport tenant in this category shall comply with all of the minimum standards contained herein and: 1. The following pertains to all flying clubs desiring to base their aircraft at the Airport. 2. Each club must be a non-profit corporation or partnership as defined by the IRS. Each member must be a 16 bona fide stockholder in the corporation. The club shall file and keep current with the City a complete list of the club's membership. In addition, the club shall maintain a set of books showing all club income and expenses. Said books shall be available for inspection by the City to determine compliance with this section. 3. The club's aircraft shall not be used by other than bona fide members for rental and by no one for commercial Aeronautical Activities. Student checkout and/or instruction may be given in a club aircraft to club members by either a Category B Fixed Base Operator on the airport who provides flight training or by an instructor who is a bona fide club member. Renumeration, if any, between bona fide club members, e.g., student and instructor, shall be exempt from the "no commercial operation" restriction above. 4. In the event that the club fails to comply with these conditions, the City will notify the club in writing of such violations. If the club fails to correct the violations in 15 days, the City Administrator or authorized designee may take any action deemed advisable by the City. 5. Each aircraft owned by the flying club must have aircraft liability insurance coverage. SECTION 8. Minimum Improvement Standards. A. Submittal, Review and Approval of Plans. 1. No building or structure of any kind, including but not limited to, buildings, aircraft storage hangars, aircraft maintenance hangars, fencing, improved aircraft parking/tie down areas, landscaping irrigation systems, light fixtures, signs, stationary fuel storage and dispensing facilities, and utilities, shall be erected, have its exterior altered, be added to, be placed or be permitted to remain on the leased premises or any part thereof until and unless the plans showing floor areas, external design and decoration, landscaping, paved roadways, paved taxiways and paved parking areas, structural details and the ground location of the intended structure, together with a plot plan have been first delivered to, reviewed by and approved in writing by the City. All buildings, structures and facilities constructed on the leased premises shall be of new material. The City may require changes, deletions or revisions to the plans submitted in order that the proposed improvements meet the intent, objectives and guidelines of the City, and conform to the building restriction lines set forth in the Airport Layout Plan, the setback requirements for 17 FAA technical and operational equipment on the Airport, as well as applicable codes and regulations of the City and other applicable local, state and federal regulatory agencies. 2. The architectural character of all structures shall be such that they are in harmony with and compatible to the architectural character as established by the City. The architectural character of structures shall include, but not be limited to the overall design, height, construction materials, exterior colors and textures. 3. Notwithstanding the approval of the plans and specifications by the City, neither it, nor any person acting in behalf of the City, shall be responsible in any way for any defects in any plans or specifications or other material submitted to the City, nor for any defects in any work done pursuant thereto. Each FBO submitting such plans or specifications shall be solely responsible for the sufficiency thereof and the adequacy of improvements constructed pursuant thereto. The City shall not be held liable to any person, whether the tenant, its contractor or subcontractor or not, on account of any action or decision of the city or failure of the City to take any action or make any decision. B. Improvements. 1. Aircraft Storage Hangars. In the event the FBO elects to construct aircraft storage hangars, then such storage hangars shall be permanently constructed, erected or installed on pavement designed for the heaviest aircraft anticipated to use the area, and shall be subject to the approval of the City. Aircraft storage hangars shall be of first class, high quality design and constructed with new materials and shall meet the objectives and follow the guidelines set forth for hangar structures on the Airport, including but not limited to building type, construction materials and color standards. Any such construction will be subject to negotiations between the FBO and the City. 2. Fuel Storage and Dispensing Facilities. Any new fuel storage and/or stationary fuel dispensing facilities constructed on the Airport, both additional facilities and replacement facilities, shall be con- structed only in the designated fuel storage area on the Airport. The FBO shall lease from the City fuel facilities and/or sufficient area on which to construct any new or replacement fuel facilities necessary to 18 service its fixed base operation. Design of fuel storage and dispensing facilities, including but not limited to the type, size, height and placement of such facilities shall be subject to the approval of the City. 3. Lighting. The FBO shall install lighting fixtures on the leased premises necessary to its operation and to protect the safety of guests, patrons, and employees. Lighting fixtures shall conform to the guidelines for lighting fixtures. The City shall review and approve lighting fixtures. The City shall review and approve the location, intensity and illuminating effects of the light fixture(s) to ensure that it presents no hazard to Airport operations. 4. Graphics and Signs. Ail graphics and signing on the leased premises shall conform to City ordinances and be approved by the Airport Commission. 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 19 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. Airport 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 Legal 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 - Ail 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 20 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. Operation 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 Provider 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. 21 G. Registration 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. SECTION 12. Severability. The sections and subsections 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. APPROVED BY THE CITY COUNCIL 2 January 1990. 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 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. AIRPORT PREMISES INSURANCE The minimum insurance coverage shall be $1,000,000. FIR~ 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. 23 I~.NGAR 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. WORKERtS COMPENSATION INSURANCE Ail 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. 24