(A) A Fixed Base Operator is defined as any person, firm or corporation performing any of the functions or furnishing any of the services as hereinafter set out for fixed base operators at the Hermiston Municipal Airport . No person, firm or corporation shall engage in any commercial activity as a fixed base operator as herein defined unless the same is done in full compliance with the standards, rules and regulations herein set forth.
(B) All activities, operations or services provided on the airport property for compensation shall be considered commercial and shall meet the standards as set forth in this section.
(C) Only fixed base operators shall conduct a commercial activity on the airport. The following sections have been set forth as possible services.
(Ord. 1034, passed 2-14-77)
(A) The sales, rental and leasing of aircraft, accessories and supplies.
(B) Flight training, ground school (instruction) and related operations.
(C) Charter and/or air taxi service.
(D) Maintenance activities to include repair, overhaul, rebuilding and modification of aircraft, engines and accessories.
(E) Line services to include aviation fuel and oil sales and other miscellaneous service activities.
(F) Provide hangar facilities and non-public tie down areas.
(Ord. 1034, passed 2-14-77)
(A) Aerial photography.
(B) Air ambulance service.
(C) Agni-chemical spraying.
(D) Radio and/or instrument repair.
(E) Propeller and/or avionics shop.
(F) Other specialty services not listed.
An applicant desiring a lease or license to provide a commercial service at the airport shall submit a written application to the City Council containing all the pertinent information as set forth in Appendix (A), attached to Ordinance 1034, titled “Application for Fixed Base Operator,” six months prior to the desired occupancy date. The Council within 90 days shall arrive at some contract agreement or reject the application.
(A) Special provisions.
(1) The Council may grant licenses for special services.
(2) Land areas and/or facilities used or needed shall be by lease or license only and shall not be transferable unless authorized in writing by the Council.
(3) All proposals for fixed base operations shall include a sufficient land lease area to accommodate the required services and to provide for suitable buildings in which to conduct proposed activities.
(4) All buildings or structures used by fixed base operators are considered “public buildings” and shall comply with state and local laws and codes and regulations pertaining to their construction.
(5) An applicant shall specify each and every activity, operation or service to be provided as listed in §§ 110.21 and 110.22; and he shall conduct only those activities, operations or services for which he qualifies and which are specified in his lease and/or license.
(B) The intent of the city in granting a lease or license is that no fixed base operator shall have any preferential advantage over another fixed base operator, and that the true variable of success shall be good and sound business practice.
(Ord. 1034, passed 2-14-77) Penalty, see § 110.99
When, and in the manner as authorized by the City Council, a fixed base operator shall at his own expense provide, construct, install, equip and maintain all utilities, buildings, structures, ramps, tie downs and other facilities and improvements used for his own business. The city may at its discretion provide assistance for the development of the operational area and also lease any existing city-owned structures as it sees fit.
(Ord. 1034, passed 2-14-77)
Each fixed base operator shall, upon being authorized by the Council, complete the structures, facilities and/or improvements necessary for his operation or activity within a time limit as included and set forth in his lease or license.
(Ord. 1034, passed 2-14-77) Penalty, see § 110.99
Applicant shall satisfy the City Council of his ability to perform the services to be provided in the application and shall be stipulated in the lease or license.
(Ord. 1034, passed 2-14-77)
(A) The fixed base operator shall secure minimum public liability insurance coverage from an acceptable insurance company as follows:
(1) Bodily injury: $250,000 each person or $500,000 each occurrence
(2) Property damage: $200,000 each occurrence
(B) The insurance coverage shall name the city as a co-insured with the fixed base operator. The policy or policies shall be maintained in full force and effect during all terms of existing leases, contracts or agreements and renewals or extensions of same. A copy of the policy shall be delivered to the Finance Director/Recorder. Each policy shall contain a provision that the policy may not be canceled without at least ten days prior notice in writing to the City Manager.
(Ord. 1034, passed 2-14-77)
At all times during the term of a lease, lessor shall insure, at lessor's own cost or expense, all hangars and structures on the leased ground against any loss or damage by fire, windstorm, hail, explosion or smoke with a responsible insurance company which is acceptable to the City Council.
(Ord. 1034, passed 2-14-77) Penalty, see § 110.99
Lessee shall keep accurate records and book of accounts on the operation of its facility, and the records and books shall be open to examination by the City Council or its authorized representative.
(Ord. 1034, passed 2-14-77)
The leased area facilities and structures shall be kept in an acceptable state of repair and maintained at all times. Lessor shall be responsible for the structural supports and exterior walls of the facilities which are owned by the city; lessee shall be responsible for all else.
(Ord. 1034, passed 2-14-77)
The Council in its discretion shall have the right to terminate any lease, license or agreement authorizing the fixed base operator to conduct any service or activity and to revoke a lease on any land or facility upon the airport for any cause or reason provided by these rules or by law, and in addition, upon the happening of one or more of the following:
(A) Filing a petition of voluntary or involuntary bankruptcy by the operator;
(B) The making by the fixed base operator of any general assignment for the benefit of creditors;
(C) The abandonment or discontinuance of any permitted operation at the airport by the fixed base operator or the failure to conduct any service, operation or activity which the lessee or licensee has agreed to provide under the terms of his contract. If this condition exists for a period of ten days without prior approval of the Council, it will constitute an abandonment of the land or facilities and the lease and/or license shall become null and void;
(D) The failure of the fixed base operator to promptly pay to the city, when due, all rents, charges, fees or other payments which are payable to the city in accordance with applicable leases or licenses;
(E) The failure of the fixed base operator to remedy any default or breach or violation of these rules and regulations by him or his employees within 30 days after notice from the City Manager;
(F) Violates any of these rules and regulations or fails to maintain current FAA licenses required for his operation;
(G) Supplies the city with false or misleading information or misrepresents any material facts on his application or documents, or in statements to or before the Council, or fails to make full disclosure on his financial statement or other required documents; and
(H) Operates or allows any employee to operate an aircraft or equipment in a dangerous or hazardous manner which may endanger the public in any manner.
(Ord. 1034, passed 2-14-77) Penalty, see § 110.99
Fixed base operators and/or employees shall be competent and shall hold all current valid certificates, permits, licenses or other authorities required by the CAB and the FAA, including any required air taxi permits and public utility commission certificates, and shall not utilize any pilot in any aircraft operations who does not hold valid and current certificates from CAB and FAA, nor shall they allow any aircraft to be flown which does not have a current and valid license and permit.
(Ord. 1034, passed 2-14-77) Penalty, see § 110.99
All complaints against any fixed base operator or his employees for violation of these rules and regulations shall be in writing and signed by the complainant and filed with the Finance Director/Recorder.
(Ord. 1034, passed 2-14-77)
To the extent necessary to protect the rights and interests of the city or to investigate the terms of these rules and regulations, the City Manager or his authorized representative shall have the right to inspect, during reasonable hours, all aircraft, structures, premises, facilities and improvements on the airport, preferably in the presence of the lessee or owner.
(Ord. 1034, passed 2-14-77)
Any person who violates a provision of this chapter commits a Class B violation.
(Ord. 1034, passed 2-14-77; Am. Ord. 1549, passed 12-10-84; Am. Ord. 1632, passed 6-22-87)
(Ord. 1034, passed 2-14-77)