(A) The minimum standards for commercial activity, operation or service hereinafter set forth have been developed to promote in a reasonable manner the best interest of the public concerning the competent and qualified operation of the Hermiston Municipal Airport.
(B) These standards shall be administered on fair and reasonable terms in accordance with the provisions of Section 308 of the Federal Aviation Act; Title VI, of the Civil Rights Act of 1964; Part 21, of Department of Transportation Regulations; FAA Advisory Circular, 150/5190-1A, dated December 16, 1985; and FAA Advisory Circular 150/5190-1, dated September 2, 1966.
(C) Any standard which a tenant operator is required to meet must be uniformly applicable to all operators seeking the same franchise privileges, and the basic premises herein contained are applicable to all.
(Ord. 1034, passed 2-14-77)
(A) The Council may in its discretion waive any portion of these rules and regulations for the benefit of a commercial airline licensed by the CAB, any governmental agency, or a person performing nonprofit public service performing air search and rescue operations, or engaging in fire fighting operations.
(B) The Council may consider an application by an individual for a license to perform in one of the following functions and not connected with a fixed base operation when in the Council's discretion the service is necessary for the convenience of the public:
(1) Special flight instructor;
(2) Ground school instructor;
(3) Aircraft mechanic;
(4) Avionics or other specialist technician;
(5) Agricultural applicator pilot.
(C) The Council may in its discretion waive any portion of these rules and regulations for the benefit of non-aviation-related activities and developments on airport lands.
(Ord. 1034, passed 2-14-77)
(A) The rates and charges for any and all activities and services of operators shall be determined by the operators, subject to the approval of the City Council, and subject, further, to the requirement that all rates or charges shall be reasonable and be equally and fairly applied to all users of the services.
(B) All fixed base operators shall at their own expense pay all taxes and assessments against any buildings or other structures placed on the premises by them as well as all taxes and assessments against the personal property used by them in their operations.
(Ord. 1034, passed 2-14-77)
All operators shall provide and pay for all lights, gas, electrical current, water, sewer charges and garbage collection charges used or incurred anywhere in or about the leased premises and shall pay the charges made therefor by the suppliers thereof promptly when due.
(Ord. 1034, passed 2-14-77) Penalty, see § 110.99
All operators at the airport shall be full-time, financially sound and progressive business enterprises, with adequately manned and equipped facilities, including ample office facilities, and who observe normal or specifically required business hours.
(Ord. 1034, passed 2-14-77) Penalty, see § 110.99
All operators shall abide by and comply with all state, county and city laws and ordinances, the rules and regulations of the city and the rules and regulations of the State and Federal Aviation Administration.
(Ord. 1034, passed 2-14-77) Penalty, see § 110.99
All contracts and leases between operators and the city shall be subordinate to the provisions of any existing or future agreement between the city and the United States, relative to the operation or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the airport properties.
(Ord. 1034, passed 2-14-77)
(A) No fixed base operator shall sublease or sublet any premises leased by the operator from the city, or assign any lease without the prior written approval of the City Council; and any subletting or assignment shall be subject to all of the minimum standards herein set forth.
(B) In the event the lessee sublets any portion of his lease, the sublease must agree to assume the full obligations of the lease as set out herein and must agree to fully cooperate with the city in seeing that these standards are complied with. The sublease shall immediately comply with any reasonable request or direction of the city as it relates to the enforcement of these standards.
(Ord. 1034, passed 2-14-77)
Fixed base operators shall have the right, in common with others authorized so to do, to use common areas of the airport, including runways, taxiways, aprons, roadways, floodlights, landing lights, signals and other conveniences for the takeoff, flying and landing of aircraft of lessee.
(Ord. 1034, passed 2-14-77)
(A) Lessees will, at all times during the continuance of the term of the lease and any renewal or extension thereof, conduct, operate and maintain for the benefit of the public the fixed base operation provided for and described therein, and all aspects and parts and services thereof as defined and set forth, and will make all services available to the public and that they will devote their best efforts for the accomplishment of the purposes, and that they will at all times make charges to patrons and customers for all merchandise or materials and services furnished or rendered, but that they will refrain from imposing or levying excessive or otherwise unreasonable charges or fees for any facilities or services.
(B) Notwithstanding anything contained in a lease that may be or appear to the contrary, it is expressly understood and agreed that the rights granted thereunder are nonexclusive, and the lessor reserves the right to grant similar privileges to another operator or operators on other parts of the airport when, in its sole discretion the City Council feels a need exists.
(Ord. 1034, passed 2-14-77) Penalty, see § 110.99
The city reserves the right to take any actions it considers necessary to protect the aerial approaches to the airport against obstructions, together with the right to prevent any fixed base operator from erecting, or permitting to be erected, any building, sign or other structure on the airport which, in the opinion of the city, would limit the usefulness of the airport or constitute a hazard to aircraft.
(Ord. 1034, passed 2-14-77)
The lessee shall remove from the airport, or otherwise dispose of in a manner approved by the City Manager, all garbage, debris and other waste material (whether solid or liquid) arising out of its occupancy of the premises or out of its operations. The lessee shall keep and maintain his leased premises in a neat and orderly manner; lessee shall keep the grass cut and the buildings painted. Any garbage debris waste which may be temporarily stored in the open shall be kept in suitable garbage or waste receptacles, the same to be made of metal and equipped with tight-fitting covers and to be of a design safely and properly to contain whatever may be placed therein and all in accordance with city ordinances. The lessee shall use extreme care when effecting removal of all waste.
(Ord. 1034, passed 2-14-77) Penalty, see § 110.99
The City Council reserves the right to further develop or improve all areas of the airport as it sees fit, regardless of the desires or views of any fixed base operators, and without interference or hindrance from any fixed base operators.
(Ord. 1034, passed 2-14-77)