Loading...
HomeMy WebLinkAboutO-1995-2074 . . ORDINANCE NO. 95-2074 AN ORDINANCE ADOPTING STANDARD MINIMUM REQUIREMENTS FOR AIRPORT AERONAUTICAL SERVICES AT THE LA PORTE MUNICIPAL AIRPORT, DATED OCTOBER 23, 1995; PROVIDING A SEVERABILITY CLAUSE, CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 10 The City Council of the City of La Porte hereby adopts the "Standard Minimum Requirements for Airport Aeronautical Services at the La Porte Municipal Airport", dated October 23, 1995, a true and correct copy of which is attached to this Ordinance as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. Section 2. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance or the Standard Minimum Requirements for Airport Aeronautical Services at the La Porte Municipal Airport hereby adopted, shall for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, or said Standard Minimum Requirements for Airport Aeronautical Services at the La Porte Municipal Airport, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the . . ORDINANCE NO. '5- 2074 PAGE 2 City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 40 This Ordinance shall be effective from and after its passage and approval, and it is so ordered. The Standard Minimum Requirements for Airport Aeronautical Services at the La Porte Municipal Airport adopted by this Ordinance shall be effective from and after October 23, 1995. PASSED AND APPROVED, this 23rd day of October, 1995 By: ,I; ~ PORTE '" N rma f..t~ Mayor ATTEST: ~.____ sue~s, y City Secretary AD?:/d)~ Knox W. Askins, City Attorney e . o us. Depar1ment of Trcnspatation Federal AvIatIon Admlnlstrattan Southwest Region Arkansas. Louisiana, New Mexico, Oklahoma, Texas Fon Worth. Texas 76193-0000 September 28, 1995 Mr. Steve Gillett Airport Manager La Porte Municipal Airport P.o. Box 1115 La Porte, Tx 77571 Dear Mr Gillett: We have reviewed your Standard Minimum Requirements for Airport Aeronautical Services at the La Porte Municipal Airport and find them to be satisfactory We congratulate you for developing minimum standards for your airport. Sincerely ~ -r cJ~ Linda F. Stoltz Program Manager Texas Ai~ort Development Office Airports Division, Texas Airport Development Office, Fort Worth, TX 76193-0650, (817) 222-5650 - TOGETHER WE SUCCEED - e . EXHIBIT A STANDARD MINIMUM REQUIREMENTS FOR AIRPORT AERONAUTICAL SERVICES LA PORTE MUNICIPAL AIRPORT October 23, 1995 Section 1 Section 2 section 3 section 4 section 5 section 6 Section 7 section 8 section 9 e e TABLE OF CONTENTS Page Def ini tions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 Minimum Standards for all Operators................. 3 Lease Policies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 Lease Rates and Charges.............................. 8 Aircraft Sales. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 Aircraft Airframe, Engine, and Accessory Maintenance . & Repair. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 Aircraft Lease and Rental.........~.................10 Flight Training. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 Aircraft Fuels and oil Service......................11 section 10 Radio, Instrument, or Propeller Repair Station......12 Section 11 section 12 section 13 section 14 section 15 section 16 Section 17 section 18 Aircraft Charter and Air Taxi.......................13 Aircraft storage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Specialized Commercial Flying Services..............15 Fixed Base Operator (FBO)..........."............... .16 Flying Clubs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 Subleasing from Another Commercial Operator.........18 other Aviation-Related Operator.....................19 Environmental. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 e e SECTION I. Definitions "Aircraft" means a device that is used or intended to be used for flight in the air. "Airport" means the La Porte Municipal Airport, which is that area of land that is used or intended to be used for the landing, take-off, maintenance, fueling and storage of aircraft, including all build~ngs and facilities. "Aeronautical Services" means any service which involves, makes possible, or is' required for the operation of aircraft, or which contributes to or is required for the safety of such operations. "Building" means permanent structures such as hangars, office spaces, storage facilities and the like used in the storage and/or maintenance of aircraft, parts ~nd other materials used in the maintenance and operation of aircraft, and the administration of airport services, including pilot lounges, restroom facilities, office areas and showrooms. Trailers, portable structures or other temporary buildings are specifically excluded from this definition and are prohibited on the Airport without the express written approval of the Airport Manager. "FAA" means the Federal Aviation Administration. "Fixed Base Operator (FBO) " means an Operator of a permanent fixed aviation service facility at the Airport who engages in two (2) or more aviation acti vi ties as outlined in these Standards. "Manager" means the Director of Public Works of the City of La Porte acting in the capacity of Airport Manager. "Minimum Standards" means the qualifications which are established herein by the airport Owner as the minimum requirements to be met as a condition for the right to conduct an aeronautical activity on the airport. "Owner" means the City of La Porte. . "Operator" means any person, firm, partnership, corporation, association or group providing anyone or a combination of aeronautical services to or for aviation users at the Airport. SECTION 2. Minimum Standards for All Operators The following standards shall apply to all Operators, in addition to the Rules and Regulations for the Operation of the La Porte 3 e e Municipal Airport, as established by Ordinance No. 1660 of the City of La Porte. 1. Lease shall be for a term not less than five (5) and not more than thirty (30) years, with other terms and conditions to be negotiated, commensurate with the Operator's financial investment in his facility. 2. Operator, or a supervisory employee, shall have had at least five (5) years experience in the aeronautical service it wishes to provide. Should an Operator not have such experience, but can demonstrate to the Owner's satisfaction that he has had equivalent related experience, such may be deemed acceptable. A statement of qualification shall accompany the Operator's letter of intent to the airport Owner. 3. Any Operator seeking to conduct aeronautical services at the airport must provide the Owner a letter setting forth the Operator's financial qualifications, to the Owner's satisfaction, from a financial institution doing business in the area, or other such source that may be readily verified through normal banking channels. The Operator must also demonstrate that it has the financial ability or backing, where applicable, for the construction of facilities that may be required for the proposed concept of operation. In addition, the Operator will provide proof of current financial net worth showing that applicant holds unencumbered liquid assets in a total amount at least equaling three (3) months estimated maintenance and operating expenses. 4. All Operators shall demonstrate to the Owner's satisfaction evidence of its ability to acquire insurance coverage as stipulated for each particular type of operation. The following shall be established as minimum coverage: Minimum Limits When Needed · Worker's Compensation and Employer Liability · Aircraft Liability Statutory Statutory $500,000 each occurrence Owned or leased $100,000 each passenger aircraft - · Non-owned Aircraft Liability - - . - $500,000 each occurrence Flying non-owned $100,000 each passenger aircraft · Airport Premises Liability $500,000 Airport premises are owned or leased by tenant 4 e e · Products & Completed Ops. $500,000 Aircraft repair or service, fuel & oil sale, air- craft sales, av- ionics repair, aircraft parts sales, manufact- uring · Contractual Liability $500,000 Hold harmless & indemnification agreement incl- uded in a lease · Hangar Keepers Liability (Risk Analysis) Non-owned air- craft in care, custody or con- trol of tenant while on ground · Property Insurance for Leased Premises (Replacement value of lease hold premises) Covers physical damage to prem- ises leased from the Airport. · Builders Risk $500,000 Construction projects · Automobile Liability statutory minimum Owned/non-owned licensed vehicle driven on air- port premises · Chemical Liability statutory Aerial applicat- ors and fire bombers Operator shall furnish, annually, a completed Insurance certificate(s) to the Owner, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverage limits and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated therein. The Owner reserves the right to review the insurance requirements of this Section during the effective period of operations and to adjust insurance coverages and their limits when deemed necessary and prudent by the Risk Manager for the Owner based upon changes in statutory law court decisions or the claims history of the industry as well as the Operator. 5 e e The Owner shall be entitled, upon request and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion or revision or modification of particular pOlicy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter on any of such policies). Upon such request by the Owner, the Operator shall exercise reasonable efforts.to accomplish such changes in policy coverages, and shall pay the cost thereof. Operator agrees that with respect to the above required insurance, all insurance contracts and certificates of insurance will contain the following provision: (a) Provide for ten (10) days' notice of cancellation to the Owner for non-paYment of premium, material change, or any other cause. (b) Provide for notice to the Owner at the address shown below by registered mail. (c) Provide that all provisions of the lease concerning liability, duty, and standard of care, together with the indemnification/defense provision below, shall be underwritten by contractual coverage sufficient to include such obligations within applicable policies. (d) Operator shall notify the Owner in the event of any material change in coverage and shall give such notices not less than ten (10) days prior to the change, which notice must be accompanied by a replacement certificate of insurance. All notices shall be given to the Owner at the following address: City of La Porte Attention Airport Manager P.o. Box 1115 La Porte, Texas 77572-1115 '(f) Permittee agrees to fully indemnify, save and hold harmless the Owner against any and all claims, losses, costs and expenses, including costs or expenses incidental to the investigation and defense of same, based up~n or arising out of damage or injuries to any and all persons or their property resulting from the use or occupancy of the property by Operator, or from the acts of omissions of Operator, provided, however, that this provision shall not create any right to indemnification for any injury, claim or loss occasioned by the sole negligence of the Owner. 6 e e (g) It is further provided that the Owner shall give to permi ttee prompt and reasonable notice of any such claims or actions and Operator shall have the right to investigate, compromise, and defend same to the extent of its own interest. This provision shall not create any cause of action in favor of any third party against the Owner or Operator nor shall it enlarge in any way the liability of the Owner or Operator, this provision being intended solely to provide for indemnification of the Owner 'from liability for damage to third persons or property as set forth in this paragraph. The above is representative of coverages commonly needed, however, Operator should consider having a thorough risk analysis conducted by a competent insurance professional to guarantee proper cover~ge. 5. Each lease for ground space and contract for business at the airport entered into by the Owner 'shall include each of the following provision as are required by state and Federal governments: a) Fair and Nondiscriminatory provisions b) Affirmative Action Assurances c) civil Rights Assurances d) Nonexclusive Rights provision e) Other Mandated provisions SECTION 3. Lease Policies It is the Policy of the City of La Porte to make the Airport available for public use on fair and reasonable terms and without unjust discrimination,' to all types, kinds and classes of aeronautical uses. All leases granted at the Airport must comply with leasing policies established by the Owner. The following policies are in addition to the minimum requirements as outlined in section 2 of this document. 1. All site development at the Airport must meet or exceed City of La Porte zoning, building and environmental regulations. 2. An existing Operator providing a single service who wishes to engage in addi tional services must meet the. minimum standards as outlined in Section 14. 3. Fees for leasing activity are established by the City Council of the City of La Porte. Airport revenues are dedicated to the continued operation and development of Airport facilities. 7 e e 4. Lease preparation fees shall be paid in advance by the prospective lessee. Fees are not refundable. New lease with survey $1,000.00 $ 500.00 Renewal of existing lease (no survey) section 4. Lease Rates and Charqes STATEMENT OF CONCEPT Lease rates and charges at the Airport are, established to ensure that each operator shall be subject to the same rates, fees, rentals and other charges as are uniformly applicable to all other operators making the same or simil~r uses of the airport, utilizing the same or similar facilities. The rate per' square foot is subject to an annual adjustment based on the Consumer P~ice Index for All Urban Consumers (1982-84 = 100), published by the Bureau of Labor statistics of the united Stated Department of Labor. The following rates were in effect July 1, 1995, based on an index of 152.5: DESCRIPTION RATE/SQ. FT. 1. Undeveloped Property - One (1) or more acre(s) ~.~ 2. Designated Use Area for T-hangers $0.14 3. Paved Tie-downs (minimum 25) $ 144/yr/tie-down SECTION 5. Aircraft Sales STATEMENT OF CONCEPT An aircraft sales' Operator engages in the sale of new aircraft through franchises or licensed dealership (if required by local, county or state authority) or distributorship (either on a retail or wholesale basis) of an aircraft manufacturer or used aircraft; and provides arrangements for such repair, services, and parts as necessary to meet any guarantee or warranty on aircraft sold. MINIMUM STANDARDS 1. The Operator shall lease from the Owner an area of not less than one (1) acre of ground space" to provide for out'side display and storage of aircraft and on which shall be erected , a building to provide or is an existing building that provides at least 6,000 square feet of floor space for aircraft storage, office, customer lounge and rest rooms, paved auto parking and paved aircraft access to the Airport's taxiway system. 8 e e 2. The Operator shall provide necessary and satisfactory arrangements for repair and servicing of aircraft, but only for the duration of any sales guarantee or warranty period. 3. Insurance is required as listed in section 2. 4. The Operator shall have his premises open and services available eight hours daily, five days a week. The Operator shall'make provision for someone to be in attendance in the office at all times during the required operating hours. 5. The Operator shall have in his employ, and on duty during the appropriate business hours, trained personnel in such numbers as are required to meet the minimum standards set forth in an efficient manner. The Operator shall also make available a responsible person in charge to supervise the operations in the leased area with the authorization to represent and act for and on behalf of the Operator. SECTION 6. Aircraft Airframe. Enqine and Accessorv Maintenance and ReDair STATEMENT OF CONCEPT An aircraft airframe, engine and accessory maintenance and repair Operator provides one or a combination of airframe, engine and accessory overhauls and repair services on aircraft up to and may include business jet aircraft and helicopters. This category shall also include the sale of aircraft parts and accessories, but such is not an exclusive right. MINIMUM STANDARDS 1. The Operator shall lease from the Owner an area of not less than one (1) acre of ground space on which shall be erected a building to provide or is an existing building that provides at least 6,000 square feet of floor space for airframe, engine and accessory repair services, all meeting with local and state industrial code requirements, office, customer lounge and rest rooms, and shall provide public telephone facilities for customer use, paved auto parking and paved aircraft access to the Airport's taxiway system. 2. The Operator shall provide suffici~nt equipment, suppli~s, and availability of parts to 'maintain the type of aircraft that the Operator proposes to service. 3. Insurance is required as listed in section 2. 4. The Operator shall have his business open and services available eight hours a day, five days each week. The Operator shall make provision for someone to be in attendance 9 e e in the office at all times during the required operating hours. 5. The Operator shall have in his employ, and on duty during the appropriate business hours, trained personnel in such numbers as are required to meet the minimum standards set forth in this category of services in an efficient manner, but never less than one person currently certificated by the FAA with ratings appropriate to the work being performed and who holds an airframe, power plant or an aircraft inspection authorization, and one other person not necessarily' rated. SECTION 7. Aircraft Lease and Rental STATEMENT OF CONCEPT An aircraft lease or rental Operator engages in the rental or lease of aircraft to the public. MINIMUM STANDARDS 1. The Operator shall lease from the Owner an area ,of not less than one (1) acre of ground space and on which shall be erected a building to provide or is an existing building that provides at least 6,000 square feet of floor space for aircraft storage, office, classroom, briefing room, pilot lounge and rest rooms, and shall provide public telephone facili ties for customer use, paved auto parking and paved aircraft access to the Airport's taxiway system. 2. The Operator shall have available for rental, either owned or under written lease to Operator, not less than two certified and currently airworthy aircraft. 3. Insurance is required as listed in Section 2. 4. The Operator shall have his premises open and services available eight hours daily, five days a week. The Operator shall make provision for someone to be in attendance in the office at all times during the required operating hours. 5. The Operator shall have in his employ and on duty during the appropriate business hours, a minimum of one person having a current FAA comm~rcial pilot certific~te with appropriate ratings, including a flight" instructor certificate. SECTION 8. Fliqht Training STATEMENT OF CONCEPT A flight training Operator engages in instructing pilots in dual and solo flight training, in fixed and/or rotary wing aircraft, and 10 e e provides such related ground school instruction as is necessary preparatory to taking a written examination and flight check ride for the category or categories of pilots' certificates and ratings involved. MINIMUM STANDARDS 1. The Operator shall lease from the Owner an area of not less than one (1) acre of ground space and on which shall be erected a building to provide or is an existing building that provides at least 6,000 square feet of floor space for aircraft storage, office, classroom, briefing room, pilot lounge and rest rooms, and shall provide public telephone facilities for customer use, paved auto parking and paved aircraft access to the Airport's taxiway system. 2. The Operator shall have available for use in flight training, either owned or under written lease to Operator, not less than two properly certificated aircraft. 3. Insurance is required as listed in section 2. 4. The Operator shall have his premises open and services available eight hours daily, five days a week. The Operator shall make provision for someone to be in attendance in the office at all times during the required operating hours. 5. The Operator shall have on a full-time basis at least one flight instructor who has been properly certificated by the FAA to provide the type of training offered. SECTION 9. Aircraft Fuels and oil Service STATEMENT OF CONCEPT The sale of aircraft fuels and oil service will be conducted by an operator providing at least one (1) additional aeronautical service, as described in this these Standards, at the Airport, with applicable" minimum standards, excluding section 12 B(2) and C(1). A fuel vendor may operate as fUll-service, self-service, including automated fuels systems or a combination. 1. An Operator shall construct and maintain his facilities and shall conduct" fueling operations in compliance with all applicable city, state, and federal laws and regulations, whether presently in effect or enacted hereafter. operator shall also comply with all standards of the National Fire Protection Association and the American Petroleum Institute including, but not limited to, those standards set out in the National Fire Protection Association's Pamphlet No. 407 , "Aircraft Fueling and Servicing," and the American Petroleum 11 e e Institute's Bulletin No. 1542, "Airport Equipment Marking for Fueling Identification." 2. Insurance is required as listed in Section 2. 3. Fueling Facilities and Equipment (a) A fuel vendor shall provide transient aircraft with a parking area having access to the airport runway/taxiway systems., (b) The fuel vendor shall provide Avgas (jet fuel optional) seven days a week, eight hours per day. Full- service fuel vendors must provide trained and competent employees. (c) The full-service fuel vendor shall provide a customer reception area and services conducive to general aviation transient aircraft. (d) A fuel storage tank for each type of fuel stored shall be installed by the Operator in a location approved by the Owner. (e) Notwithstanding the preceding paragraph, an Operator shall be allowed to use either fixed, above ground dispensing equipment or mobile dispensing trucks. (f) For each type of fuel dispensed, Operator shall have separate, filter-equipped dispensing pumps and. meters. (g) If a Operator uses mobile dispensing trucks, the vendor shall have at least one truck for each type of fuel used. (h) The Operator shall obtain the written approval of the Owner prior to construction or installation of any ~mprovement on Operator's leased premises. (i) The Operator shall maintain all fueling facilities in a safe and clean condition, equal in appearance and character to other similar airport improvements. - - 4. Operator shall maintain accurate records of all fuel delivered and dispensed and shall allow the Owner to inspect its records at any time. SECTION 10. Radio. Instrument. or Propeller Repair station STATEMENT OF CONCEPT 12 e e, A radio, instrument, or propeller repair station Operator engages in the business of and providing a shop for the repair of aircraft radios, propellers instruments, or accessories for general aviation aircraft. This category may include the sale of new or used aircraft radios, propellers, instruments, or accessories. The Operator shall hold the appropriate repair shop certificates issued by the FAA. MINIMUM STANDARDS 1. The Operator shall lease from the Owner an area of not less than one (1) acre of ground space on which a building shall be erected to provide or is an existing building that provides at least 6,000 square feet of floor space for aircraft storage, to house all equipment, and to provide an off ice, shop, customer lounge and rest rooms, and shall provide public telephone facilities for customer use, paved auto parking and paved aircraft access to the Airport's taxiway system. 2. Insurance is required as listed in section 2. 3. The operator shall have his premises open and services available eight hours daily, five days each week. 4. The Operator shall have in his employ and on duty during the appropriate business hours trained personnel in such numbers as are required to meet the minimum standards set forth in this category in an efficient manner but never less than one person who is an FAA rated radio, instrument or propeller repairman. SECTION 11. Aircraft Charter and Air Taxi STATEMENT OF CONCEPT An aircraft charter and an air taxi Operator engages in the business of providing air transportation (persons or property) to the general public for hire, either on a charter basis or as an air taxi operator, as defined by the Federal Aviation Regulations under Part 121 and/or Part 135. MINIMUM STANDARDS 1. The Operator shall lease from the Owner an area of not less than one (1) acre of ground space on which shall be erected a building to provide or is an existing building that provides at least 6,000 square feet of floor space for aircraft storage, office, customer lounge and rest rooms, which shall be properly heated and lighted; and shall provide public telephone facilities for customer use, paved auto parking and paved aircraft access to the Airport's taxiway system. 13 e e 2. The Operator shall provide, either owned or under written lease type, class, size and number of aircraft intended to be used by operator, not less than one aircraft which must meet the requirements of the air taxi commercial operator certificate held by the Operator. 3. Insurance is required as listed in section 2. 4 . The Operator shall have his premises open and services available eight hours daily, five days each week. The Operator shall provide on-call service during hours other than the aforementioned. The Operator shall make provisions for someone to be in attendance in the office at all times during the required operating hours. 5. The Operator shall have in his employ and on duty during the appropriate business hours trained personnel in such numbers as are required to meet the minimum standards set forth in this category in an efficient manner but never less than one person who is an FAA certified commercial pilot and otherwise appropriately rated to conduct the flight activity offered by Operator. SECTION 12. Aircraft Storaqe STATEMENT OF CONCEPT An aircraft storage Operator engages in the rental of conventional hangars, multiple T-hangars, and/or paved tie-downs. A. MINIMUM STANDARD~ - Conventional Hangar 1. The Operator shall lease from the Owner an area of not less than one (1) acre of ground space on which shall be erected a building to provide or is an existing building that provides at least 6,000 square feet . of floor space for aircraft storage, office, customer lounge and rest rooms, and shall provide public telephone facilities for customer use, paved auto parking and paved aircraft access to the Airport's taxiw'ay system. 2. Insurance is required as listed in Section 2. 3. The conventional hangar Operator shall have his facilities available for the tenant's aircraft removal and storage seven days a week, eight hours a day. 4. The operator shall demonstrate that it can provide sufficient personnel trained to meet all requirements for the storage of aircraft with appropriate equipment. 14 e e B. MINIMUM STANDARDS - Multiple T-Hangars 1. The operator shall lease from the Owner at least one (1) acre of ground space on which shall be erected at least one ten-unit T-Hangar, together with paved auto parking, paved aircraft access to the Airport's taxiway system and provide a restroom and electricity for customer use. 2. Alternative leasing is available at the Designated Use Area for the construction of T-hangars, which is complete with paved auto parking, paved aircraft access to the Airport's taxiway system and city utilities. Minimum standards are the same as B(l) above. 3. Insurance is required as listed in Section 2. 4. The T-Hangar Operator shall have his facilities available for the tenant's aircraft removal and storage twenty four hours per day, seven days a week. C. MINIMUM STANDARDS - Open-air storage 1. The Operator shall lease from the Owner at least one (1) acre and construct at least ten paved tie-downs, together with paved auto parking and paved aircraft access to the Airport's taxiway system. 2. Alternate leasing is available at the Airport's paved tie- down area, which is complete with paved auto parking and paved aircraft access to the Airport's taxiway system. Operators desiring to lease the Airport's paved tie-downs must meet the following minimum standards. a. Operator must lease at least twenty five tie-downs from the Owner. b. Operator must meet all minimum standards established in Section 12(A) above. 3. Insurance is required as listed in Section 2. 4. The Open-air storage Operator shall have his facilities available for the tenant's'aircraft removal and stqrage twenty four hours per day, seven days a week. SECTION 13. Specialized Commercial Flvinq Services STATEMENT OF CONCEPT A specialized commercial flying services Operator engages in air transportation for hire for the purpose of providing the use of 15 e e aircraft for the activities listed below: a) Non-stop sightseeing flights that begin and end at the same airport b) Crop dusting, seeding, spraying, and bird chasing c) Banner towing and aerial advertising d) Aerial photography or survey e) Power line or pipe line patrol f) Fire fighting g) Any other operations specifically excluded from Part 135 of Federal Aviation Regulations MINIMUM STANDARDS 1. The Operator shall lease from the Owner an area of not less than one (1) acre of ground space on which shall be erected a building to provide or is an existing building that provides at least 6,000 square feet of floor space for aircraft storage, office, customer lounge 'and rest rooms, and shall provide public telephone facilities for customer use, paved auto parking and paved aircraft access to the Airport's taxiway system. In the case of crop dusting or aerial application, the Operator shall make suitable arrangements and have such space available in his leased area for safe loading and unloading and storage and containment of chemical materials. All Operators .shall demonstrate that they have the availability of aircraft suitably equipped for the particular type of operation they intend to perform. 2. The Owner shall set the minimum insurance requirements as they pertain to the particular type of operation to be performed. These minimum requirements shall be applicable to all operation of a similar nature. All operators will, however, be required to maintain the Aircraft Liability Coverage as set forth in section 2. 3. The Operator shall have in-his employ, and on duty during appropriate business hours, trained personnel in such numbers as may be required to meet the minimum standards herein set forth in an efficient manner. SECTION 14. Fixed Base Operator (FBO) STATEMENT OF CONCEPT 16 e tit A Fixed Base Operator (FBO) engages in any two or more of the aeronautical services for which minimum standards have been herein provided. MINIMUM STANDARDS 1. The Operator shall lease from the Owner an area of not less than two (2) acres of ground space on which shall be erected a building(s) to provide or is an existing building(s) that provides at least 10,000 square feet of floor space for aircraft storage, shop and equipment, office, customer lounge and rest rooms, and shall provide public telephone facilities for customer use, paved auto parking and paved aircraft access to the Airport's taxiway system. 2. The Operator shall comply with the aircraft requirements, including the equipment thereon for each aeronautical service to be performed except that multiple uses can be made of all aircraft owned or under lease by Operator except aircraft used for crop dusting, aerial application, or other commercial use of chemicals. 3. The Operator " shall provide the facilities, equipment and services required to meet the minimum standards as herein provided for each aeronautical service the Operator is performing. 4. The Operator shall obtain, as a minimum, that insurance coverage which is equal to individual insurance requirement of all the aeronautical services being performed by Operator, as set forth in section 2. 5. The Operator shall adhere to the hours of operation required for each aeronautical service being performed. 6. The Operator shall have in his employ, and on duty during the appropriate business hours, trained personnel in such numbers as are required to meet the minimum standards for each aeronautical service the Operator is performing as herein provided. Multiple responsibilities may be assigned to meet the personnel requirements for each aeronautical service being performed by the Operator. SECTION 15. Flvinq Clubs STATEMENT OF CONCEPT The club must be a non-profit corporation or partnership. Each member must be a bona fide owner of the aircraft or stock holder of the corporation. 17 . e MINIMUM STANDARDS 1. The club may not derive greater revenue from the 'use of its aircraft than the amount necessary for the actual cost of operation, maintenance and replacement of its aircraft and any facili ties. The club will keep current a complete list of the club's membership and a record of club finances and will make such available to the Owner upon request. 2. The club's aircraft will not be used by other than bona fide members and by no one for hire, charter, or air taxi. Student instruction may be given in the club aircraft by one club member to another club member, providing no compensation takes place. Otherwise, it must be given by an Operator with a current agreement with the Owner, as set forth in Section 8. 3. In the event the club fails to comply with these conditions, the Owner will notify the club in writing of such violations. The club shall have fourteen days to correct such violations. If the club fails to correct the violations, the Owner may demand the club's removal from the Airport. 4. The flying club must agree and provide as a minimum insurance in the following categories to the same level as required for all operators, as set forth in Section 2: a) Aircraft Liability b) Comprehensive Public Liability and Comprehensive Property Damage, including Vehicular 5. Aircraft maintenance performed by the Club shall be limited to only that maintenance that does not require an FAA certificated mechanic. All other maintenance must be provided by an operator based on the airport who provides such service, or by an FAA certified mechanic who shall not receive remuneration in any manner for such service. 6. If the club desires to operate its own storage facility, it must comply with all requirements as set forth in Section 7. SECTION 16. Operators Subleasinq from Another Commercial Operator 1. Prior to finalizing an agreement, the lessee and sublessee shall obtain written approval of the Owner for the business proposed. Said sublease shall define the type of business and service to be offered by the sublessee Operator. 2. The sublessee Operator shall meet all of the minimum standards established by the Owner for the categories of services to be furnished by the Operator. The minimum standards may be met in combination between lessee and 18 . . sublessee. The sublease agreement shall specifically define those services to be provided by the lessee to the sublessee that shall be used to meet the standards. section 17. Other Aviation-Related Operator 1. Any operator wishing to conduct an aviation-related activity not covered by these Standards will submit a detailed request, in writing, describing the activity to be conducted, the proposed lease area, and any improvements to be made to 't;he property. 2. The Owner will examine the request and determine the appropriate standards for that activity, following as closely as possible standards for the acti vi ty that most closely matches the proposed activity. 3. The Owner reserves the right to determine the appropriateness of the activity, applicable standards to be applied, and minimum lease area and required improvements. 4. Nothing in this standard requires the Owner to approve of the proposed activity, and Owner reserves the right to deny the application. SECTION 18. Environmental Any Operator, person, party, firm or corporation operating on the Airport must comply with all federal, state and local environmental regulations, including the Environmental Protection Agency, Texas Natural Resource Conservation commission and the City. 19