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HomeMy WebLinkAboutWholeDocument-MinStandard PRELIMINARY REVISED DRAFT MINIMUM STANDARDS FOR COMMERCIAL AND NONCOMMERCIAL OPERATORS AT GEORGETOWN MUNICIPAL AIRPORT AT GEORGETOWN, TEXAS MAY 13, 2005 Preliminary Revised Draft Minimum Standards Table of Contents Section 1 – General Standards Section 2 – Commercial Operations Section 3 – Non-Commercial Operations Section 4 – Licenses, Certificates, Authorizations Section 5 – Insurance Section 6 – Building/Improvement Standards Section 7 – Fuel, Delivery, Storage, Sales Section 8 – Doing Business with the Airport Section 9 – Leasing Appendix A – Definitions SECTION 1 GENERAL STANDARDS Georgetown Municipal Airport 1.1 Preliminary Minimum Standards May 13, 2005 Section 1 – General Standards The following have been adopted as Minimum Standards for the Georgetown Municipal Airport. The terms herein shall be applied uniformly to all persons as defined herein operating or designed to operate from the Georgetown Municipal Airport, and any person operating on or from the airports consents to be bound by these standards. GS-1. Authorization of implementation of Minimum Standards. GS-2. Definitions: Appendix A to these Rules and Regulations contains definitions of terms commonly used in Rules and Regulations and in the Minimum Standards for Georgetown Municipal Airport. These definitions are subject to review, and possible modifications from time to time. The City reserves the option of adding to, deleting or changing the definitions if deemed necessary or prudent. GS-3. Airport Open on Nondiscriminatory Basis: Subject only to the provisions hereof, facilities on the airport shall be open to all classes of users on fair and not unjustly discriminatory bases. What constitutes discrimination shall, in the final analysis, be determined by the FAA, the determination of which shall be final. GS-4. Compliance with Ordinances, Laws, Rules and Regulations: All persons operating on the airport shall comply with applicable state and federal laws, rules and regulations and local ordinances. CS-5. Hangar Space: Except as otherwise provided in this section, no person may offer for hire on the airport any hangar or shelter for aircraft, related service equipment, or surface vehicle unless he has leased premises from the City as a GFBO or SFBO. GS-6. Compliance with Health, Fire, Construction, and Zoning Codes: All persons utilizing the airport shall comply with the requirements of all City health, fire, construction, and zoning codes applicable to the airport and its operation. GS-7. Inspections: To the extent necessary to protect the rights and interests of the Owner or to assure compliance with these minimum standards or a lease, the Airport Manager or his authorized representative, or any representative of the FAA or state agency having jurisdiction over the Airport shall have the right to enter and inspect, upon notice, during reasonable hours, structures, premises, facilities, and improvements on the airport to determine compliance with all requirements of these standards and any applicable lease provisions. GS-8. Surface Vehicles, Limits on Weight: No vehicle with dual-wheeled axle loadings of more than 15,000 pounds is allowed on any paved or treated aircraft movement or parking areas. GS-9. Civil Rights: Persons using this airport shall comply with all provisions of the Civil Rights Act of 1964 and implementing Part 21 of the Regulations of the U.S. Department of Transportation, and are hereby specifically prohibited from discrimination against any group or individual on the basis of race, creed, color, national origin, or sex. Georgetown Municipal Airport 1.2 Preliminary Minimum Standards May 13, 2005 GS-10. Surface Vehicles on Airport: Except to the extent needed to service or load aircraft, no private or commercial vehicle shall be driven or parked on any other than designated roads or auto parking areas. GS-11. Complaints: Complaints against any operator or his employee for violations of these standards shall be in writing alleging the infraction, date, persons, and any witnesses thereto and signed by the complainant and filed with the Airport Manager. GS-12. Use of Land within the Airport: Property within the airport may be used only for aeronautical purposes, provided, however, that nothing herein shall prohibit a secondary non-aeronautical use of such land if 1) the primary aeronautical need is not interfered with; 2) it is not in violation of FAA regulations; 3) is specifically authorized by owner and; 4) if such secondary use will benefit the airport or provide better for its maintenance or development. SECTION 2 COMMERCIAL OPERATIONS Georgetown Municipal Airport 2.1 Preliminary Minimum Standards May 13, 2005 Section 2 – Commercial Operations CO-1. Commercial Operations: No person may conduct any commercial activity or offer or provide any goods or services for compensation to the public at the airport unless that person is a General Fixed-Base Operator (GFBO) or a Specialty Fixed-Base Operator (SFBO) at the airport. CO-2. General: No person may conduct or provide for compensation to the public any goods, services, or equipment on the airport unless qualified as a GFBO or SFBO. Nothing contained herein or anywhere else in these standards will prohibit partners, co-owners, or members of legitimate nonprofit clubs (as limited elsewhere in these standards) from providing, servicing, or using their own flight equipment. CO-3. General Fixed-Base Operator (GFBO): As used herein, “GFBO” or General Fixed-Base Operator shall mean a primary commercial operator authorized to do business or to provide goods or services to the public for compensation on the airport and who meets at least the minimum requirements set out hereinafter. Any person desiring to become a GFBO shall be required to lease either the (but never more than one) GFBO areas, which may be vacant at the time, or an equivalent acreage of land located elsewhere on the airport. If another GFBO area is to be developed for the first time, the person obtaining the lease/operating rights shall, in addition to other requirements herein, at his own expense construct at a location shown/to be shown on the ALP a paved aircraft parking apron of at least 30,000 square feet with at least a 10- year design life and have a 30,000 pound single wheel configuration aircraft load rating. A. Requirements 1. GFBO will lease at a rate stipulated herein at a compatible GFBO area on the airport of the same acreage. GFBO’s shall be required to lease a minimum of one acre of GFBO areas as are designated. 2. GFBO, within one (1) year of lease agreement date, plus any extensions the City may grant, will commence construction of and within two (2) years of lease agreement date, plus any extension the City may grant, completes a fully equipped and operational facility required by these standards. If any GFBO fails to do so, Owner may on his motion, or on receiving from an otherwise qualified person a bona fide firm offer to lease and operate a GFBO on the tract shall, unilaterally cancel the GFBO lease and offer the tract for lease to others under the procedures set out hereinafter. 3. GFBO will provide prompt line service with at least one person on duty at all times from 7:00 am to sunset, 7 days a week and safely and courteously Georgetown Municipal Airport 2.2 Preliminary Minimum Standards May 13, 2005 supply fuel, starting aid, and related light maintenance to aircraft and/or service vehicles on the airport. 4. GFBO will provide, at all times, at least two fully equipped positions on the paved parking apron for itinerant aircraft usage. 5. GFBO will provide, in full view of the apron side of the terminal building (or inside the pilot lounge if it is kept open 24 hours a day), a pay or free telephone for use of the pilots. 6. GFBO will provide, for sale, current aircraft navigation maps or charts (Sectionals or WAC’s, and Low-Altitude En Route) for Texas and any other States GFBO determines necessary. 7. GFBO will provide, at all times, a food vending and soft drink machine accessible to airport users. 8. GFBO will provide (at prominent and highly visible location(s) on or in front of the hangar/pilot lounge) a fire extinguisher of minimum capacity required under local fire codes for fighting fuel fires in/on/around aircraft normally using airport. 9. GFBO will possess and maintain public liability and premises operators insurance coverage protecting both GFBO and City against as prescribed in Section 5 here to. 10. GFBO will lease space for and provide properly equipped tie-down locations for all GFBO owned/operated aircraft, all aircraft being serviced at GFBO, and at least four itinerant aircraft. CO-4. Specialty Fixed-Based Operator (SFBO): A Specialty Fixed Based Operator (SFBO) is a person other than a GFBO who offers and/or provides for compensation to the public goods, services, or facilities on or for delivery on or in the vicinity of the Airport, including one or more of the following activities: A. Freight service; B. Aircraft engine/air frame/accessory modifications; C. Aircraft avionics installation/ modification/repair; D. Major and/or minor aircraft power plant/accessory repair; E. Major and/or minor aircraft air frame/accessory repair; F. Ground schools for pilots or mechanics; G. Flight schools providing for at least single-engine, private pilot (VFR) ratings within a reasonable length of time, and own or possess under exclusive lease at least one aircraft, IFR-certified, which must be based at the Airport and kept properly certified, and in top mechanical and physical condition; Georgetown Municipal Airport 2.3 Preliminary Minimum Standards May 13, 2005 H. Helicopter pilot training; I. Other special flight instructions; J. Aerial photography; K. Air ambulance; L. Covered and uncovered aircraft parking; M. Other specialty activities not identified; N. Contract fuel sales; O. Sales of aircraft. If an SFBO offers or provides contract fuel sales, one or more other activities must also be provided. No person may operate as an SFBO unless that person has received and holds a currently valid written authorization from the City Manager. Conditions which must be met for the City to issue a written authorization to function as a SFBO are as follows: A. The person must have: 1. A lease with sufficient and appropriate space to conduct the functions of the SFBO as it has represented it will perform for a period of a minimum of twelve (12) months for either unimproved airport property or improved airport property with City-owned facilities on it, said lease having been recommended by the AAB and approved by the City Council (aircraft storage hangars and tie-down spaces shall not be used for a SFBO operation): or 2. A sublease from a GFBO or another SFBO with sufficient and appropriate space to conduct those functions as an SFBO which the AAB and City Council have approved and shall set out in the written authorization. 3. The person must make a request to the AAB and City Council, in writing, setting the specific functions that they will perform as an SFBO (the City shall limit the written authorization issued to those functions set out in the request). 4. To the extent applicable to the SFBO operation authorized by the City, applicant must provide the same type/amount of insurance coverage as required from GFBOs and must meet all other requirements of these standards. Georgetown Municipal Airport 2.4 Preliminary Minimum Standards May 13, 2005 CO-5. Aircraft Sales: A. New Aircraft Sales: A new aircraft sales SFBO engages in the sale of new aircraft (either on a retail or wholesale basis) of an aircraft manufacturer or used aircraft; and will provide such repair, services, and parts as necessary to meet any guarantee or warranty on aircraft sold. B. Used Aircraft Sales: A used aircraft sales SFBO engages in the purchasing and selling of used aircraft. These SFBOs may provide such repair, services, and parts as necessary to support the operation of aircraft sold. Some of the requirements for the sale of new aircraft may not be appropriate to the sale of used aircraft because of each aircraft's unique operational purpose. C. The aircraft sales SFBO shall provide necessary and satisfactory arrangements for repair and servicing of aircraft, but only for the duration of any sales guarantee or warranty period. The SFBO who is engaged in the business of selling new aircraft shall have available a representative example of the product(s), as required by the manufacturer. D. The SFBO shall have in his employ, and on duty during the appropriate business hours, trained personnel in such numbers as are required. The SFBO shall also maintain, during all business hours, 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 SFBO, and to provide appropriately rated pilots for aircraft demonstrations and make and model training in aircraft sold. E. At least one aircraft storage space (tie-down or hangar) shall be leased for each aircraft in inventory. CO-6 Airframe, Engine and Accessory Maintenance and Repair: A. An aircraft airframe, engine, and accessory maintenance and repair SFBO 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. B. The SFBO shall provide sufficient equipment, supplies, manuals and availability of parts equivalent as required for certification by the FAA. C. The SFBO 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 inspector rating. Georgetown Municipal Airport 2.5 Preliminary Minimum Standards May 13, 2005 D. At least two aircraft storage spaces (tie-downs or hangars) shall be leased for such SFBOs operations. CO-8. Aircraft Lease or Rentals A. An aircraft lease or rental SFBO engages in the rental or lease of aircraft to the public. B. The SFBO shall have available for rental, either owned or under written lease to SFBO, a certified and currently airworthy aircraft. C. The SFBO shall make available during business hours an appropriately rated and current FAA certified flight instructor for aircraft check flights as required. D. At least one tie-down or adequate hangar space shall be leased from the City for each owned or leased aircraft. CO-9. Flight Training: A. A flight training SFBO engages in instructing pilots in fixed and/or rotary wing aircraft, and provides dual flight instruction and related ground school instruction as necessary preparatory to taking written examinations and flight tests appropriate to the pilot certificates and ratings sought by the applicant. B. The SFBO shall have available for use in flight training, either owned or under written lease to SFBO, a certified and currently airworthy aircraft, which must be at least a two-place aircraft suitable for private pilot training. C. The SFBO shall employ at least one FAA certified flight instructor to provide the type of training offered. D. At least one tie-down or adequate hangar space shall be leased for each owned or leased aircraft. CO-10. Aircraft Fuel and Oil Service: A. An aircraft fuel and oil service SFBO provides aviation fuels, lubricants and other services supporting itinerant aircraft operations and operations of aircraft based on the airport. B. Except as otherwise provided in any agreement between the SFBO and the City, an SFBO conducting aviation fuel and oil sales or service to the public on the Airport shall be required to provide the following services and equipment: 1. Appropriate grades of aviation fuel. a. 100 LL Georgetown Municipal Airport 2.6 Preliminary Minimum Standards May 13, 2005 b. Jet A 2. An adequate inventory of generally accepted grades of aviation engine oil and lubricants. 3. Fuel dispensing equipment, meeting all applicable Federal, State, and City Authority requirements for each type of fuel dispensed. 4. Proper equipment for aircraft towing, inflating aircraft tires, washing aircraft windscreens, and recharging aircraft batteries. 5. The safe storage and handling of fuel in conformance with all Federal, State, County and City requirements and fire codes pertaining to safe storage and handling of fuel. 6. The lawful and sanitary handling and timely disposal, away from the Airport, of all solid waste, regulated waste, and other materials including, but not limited to, used oil, solvents, and other regulated waste. The piling and storage of crates, boxes, barrels, and other containers will not be permitted within the leased premises. 7. Adequate grounding wires will be installed, continuously inspected and maintained on all fueling equipment, to reduce the hazards of static electricity. 8. An adequate supply of properly located fire extinguishers and other precautions and/or equipment required by applicable fire codes. 9. Unless provided by the City, the SFBO shall have a fixed fuel storage system that shall contain safety fixtures and filtration systems to ensure airline-type quality. The system shall be required to have at least 3000 gallons of storage for each type of fuel the SFBO is required to provide. The storage system must include adequate fuel spill prevention features and containment capabilities, together with an approved fuel Spill Prevention Countermeasures and Control Plan (SPCC), as applicable. 10. The prospective SFBO shall have his premises open and services available at least 8 hours per day, 7 days a week, and shall make provision for an office attendant to be on duty at all times during the required operating hours, unless otherwise negotiated with the City. 11. A designated parking space for each fueling vehicle shall be leased. 12. SFBO will be required to comply with paragraph CO-4. Georgetown Municipal Airport 2.7 Preliminary Minimum Standards May 13, 2005 CO-11. Avionics, Instruments or Propeller Repair Stations A. An avionics, instrument, or propeller repair station SFBO engages in the business of and provides a shop for the repair of aircraft avionics, propellers, instruments, and accessories for general aviation aircraft. This category may include the sale of new or used aircraft avionics, propellers, instruments, and accessories. The SFBO shall hold the appropriate repair station certificates issued by FAA for the types of equipment he plans to service and/or install. B. The SFBO 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. C. At least one aircraft storage space (tie-down or hangar) shall be leased. CO-12. Aircraft Charter and Air Taxi A. An air charter or air taxi SFBO engages in the business of providing air transportation (persons or property) to the general public for hire, on an unscheduled or scheduled basis under Code of Federal Regulations CFR 14 Part 135 of the Federal Aviation Regulations. B. The SFBO shall provide, either owned or under written lease, type, class, size and number of aircraft intended to be used by the SFBO, not less than one single-engine four-place aircraft which must meet the requirements of the commercial air taxi certificate held by the SFBO. C. The SFBO 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 in an efficient manner but never less than one person who is an FAA certified commercial pilot and otherwise appropriately rated to permit the flight activity offered by SFBO. D. At least one tie-down or adequate hangar space shall be leased for each owned or leased aircraft. CO-13. Aircraft Storage: A. Aircraft storage SFBO engages in the rental of conventional hangars or multiple T-hangars. B. The conventional hangar SFBO shall have his facilities available for the tenant's aircraft removal and storage on a continuous basis. Georgetown Municipal Airport 2.8 Preliminary Minimum Standards May 13, 2005 C. The SFBO shall demonstrate that it can provide sufficient personnel trained to meet all requirements for the storage of aircraft with appropriate equipment. CO-14. Specialized Commercial Flying Services: A. Specialized commercial flying services SFBO engages in air transportation for hire for the purpose of providing the use of aircraft for the following activities: 1. Non-stop sightseeing flights that begin and end at the same airport. 2. Aerial advertising. 3. Aerial photography or survey. 4. Power line or pipeline patrol. 5. Fire fighting. 6. Any other operations specifically excluded from Part 135 of the Federal Aviation Regulations. B. All SFBO’s shall demonstrate that they have the availability of aircraft suitably equipped for the particular type of operation they intend to perform. C. The SFBO 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. CO-15. Multiple Services: A. A multiple services SFBO engages in any two or more of the aeronautical services for which Minimum Standards have been herein provided. B. The SFBO 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 SFBO. C. The SFBO shall obtain, as a minimum, insurance coverage, which is equal to the greater requirement for all individual aeronautical services being performed by SFBO. D. The SFBO 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 SFBO is performing as herein provided. Multiple responsibilities may be assigned to meet the personnel requirements for each aeronautical service being performed by the SFBO. E. The SFBO providing three (3) or more services shall lease a sufficient number of aircraft tie-down spaces or hangar space to meet the combined needs of the operations proposed. Georgetown Municipal Airport 2.9 Preliminary Minimum Standards May 13, 2005 CO-16. Flying Clubs: See requirements for Flying Clubs in Airport Rules and Regulations, and in Minimum Standards Section NC-1. CO-17. SFBO Subleasing From Another SFBO: Prior to finalizing an agreement, the lessee and sub-lessee shall obtain the written approval of the AAB and City Council for the business proposed. Said sublease shall define the type of business and service to be offered by the sub-lessee SFBO. The sub-lessee SFBO shall meet all of the Minimum Standards established by the City for the categories of services to be furnished by the SFBO. The Minimum Standards may be met in combination between lessee and sub-lessee. The sublease agreement shall specifically define those services to be provided by the lessee to the sub-lessee that shall be used to meet the standards. CO-18. Environmental: Any SFBO, person, party, firm or corporation operating on this airport must comply with all federal, state and local environmental laws, rules, and regulations. CO-19. Aerial Applicators: No person may use the airport for loading, unloading, air frame/hopper/tank wash down, other than engine repair of any aircraft used to apply any insecticide, fungicide, rodenticide, or herbicide unless he first gets written permission from the City. The City shall not grant such a permit unless the applicant follows procedures for and obtains an SFBO permit and, in addition, agrees to and (if not provided by a GFBO-lesser) actually does provide at his own expense a paved work area with adequate provisions to collect all debris, liquids, and other materials from such aircraft and deposit same in a container and dispose of same in a manner approved by the Federal Environmental Protection Agency, Texas Department of Health, Texas Department of Water Resources, Texas Department of Agriculture, and code of ordinances and regulations of City of Georgetown and Williamson County. SECTION 3 NON-COMMERCIAL OPERATIONS Georgetown Municipal Airport 3.1 Preliminary Minimum Standards May 13, 2005 Section 3 – Non-Commercial Operations NC-1. Flying Clubs/Cooperative and/or Partnership Ownership of Aircraft: Flying clubs, cooperative or partnership ownership operation of aircraft based on the airport are specifically authorized, provided: A. The flying club, association, partnership, or corporation is composed only of natural persons and is organized on a not-for-profit or solely cost-sharing basis. B. The flying club, association, partnership or corporation will provide and maintains public liability insurance as prescribed in Section 5. C. The flying club, association, partnership, or corporation leases, rents, or otherwise provides on the airport hangar space or tie-down space for each aircraft operated from the airport. D. Training, if provided at all, is provided only to its members. E. The flying club, association, partnership, or corporation registers with the Airport Manager on the first business day of each year and provides the required copy of public liability insurance policy, a listing (with “n” numbers) of aircraft based and used at the airport, and a list of all members authorized to operate such aircraft. F. The flying club, association, partnership, or corporation and all members thereof otherwise operate in accordance with applicable federal and state law/regulations and these standards. SECTION 4 LICENSES, CERTIFICATES, AUTHORIZATIONS Georgetown Municipal Airport 4.1 Preliminary Minimum Standards May 13, 2005 Section 4 – Licenses, Certificates, Authorizations LCA-1. Licenses, Certifications, and Authorizations: No person shall operate on or from the airport (whether for compensation or not) unless he possesses or can confirm all licenses, certificates, and authorizations required by these standards and the various governmental authorities for such operations. SECTION 5 INSURANCE Georgetown Municipal Airport 5.1 Preliminary Minimum Standards May 13, 2005 Section 5 – Insurance I-1. Insurance: Any public liability insurance policy required under these standards shall be carried with a Texas-licensed company. Also, a certificate showing that said insurance is in force, which the City is a co-insured, and provide for a 30-day notice of cancellation shall be furnished to the Airport Manager. I-2. Insurance on all Structures: At all times during the term of the lease of land on the airport, the lessee, at his own expense, shall maintain with a Texas-licensed casualty company insurance on all structures on the leased property at the airport protecting the lessee and the Owner, as their interests may appear, against loss of damage by fire, accident, wind storm, hail, explosion, or smoke. Should loss occur and lessee, for any reason, abandon the lease, all proceeds shall (except to the extent otherwise claimable by the structure’s mortgagee) become the property of the City. I-3. Schedule of Minimum Insurance Requirements: A. GFBO or SFBO 1. Commercial general aviation liability policy with coverage $1,000,000 CSL for premises, operations, and product liability. Hangar Keeper's Liability –Value of Aircraft in care, custody and control B. AIRFRAME AND POWERPLANT REPAIR, AVIONICS, INSTRUMENTS, OR PROPELLER REPAIR 1. Commercial general aviation liability policy with coverage $1,000,000 CSL for premises, operations, and product liability. Hangar Keeper's Liability –Value of Aircraft in care, custody and control C. AIR TAXI AND/OR AIRCRAFT CHARTER 1. Commercial general aviation liability policy with coverage $1,000,000 CSL for premises and operations. 2. Aircraft liability with coverage for bodily injury and property $1,000,000 CSL damage, including passengers. D. AIRCRAFT RENTAL, FLIGHT TRAINING, COMMERCIAL FLYING CLUB 1. Commercial general aviation liability policy with coverage $1,000,000 CSL for premises and operations. Georgetown Municipal Airport 5.2 Preliminary Minimum Standards May 13, 2005 2. Aircraft liability with coverage for bodily injury and property $1,000,000 CSL damage, including passengers. E. SPECIALIZED COMMERCIAL AERONAUTICAL ACTIVITIES, AIRCRAFT SALES 1. Commercial general aviation liability policy with coverage $1,000,000 CSL for premises and operations. 2. Aircraft liability, if aircraft used in operation. $1,000,000 CSL F. NON-COMMERCIAL FLYING CLUBS 1. Commercial general aviation liability policy with coverage $1,000,000 CSL for premises and operations. 2. Aircraft liability, with coverage for bodily injury and property damage, including passengers. G. AREIAL APPLICATORS 1. Commercial general aviation liability policy with coverage $1,000,000 CSL for premises and operations. H. AIRCRAFT HANGAR OPERATOR 1. General Liability Policy $1,000,000 CSL 2. Hangar Keeper's Liability –Value of Aircraft in care, custody and control I. ALL OTHER OPERATIONS 1. Commercial general aviation liability policy with coverage $1,000,000 CSL for premises and operations. I-4 SPECIAL INSTRUCTIONS A. Any operator fueling aircraft shall have a minimum $1,000,000 CSL general liability policy with the coverage specified in the Georgetown Municipal Airport Rules and Regulations. B. Any Operator using service vehicles on the Airport premises in support of its operations shall maintain additional coverage of Motor Vehicle Liability in the amount of $500,000 CSL. Note: CSL = Combined Single Limit SECTION 6 BUILDING/IMPROVEMENT STANDARDS Georgetown Municipal Airport 6.1 Preliminary Minimum Standards May 13, 2005 Section 6 – Building/Improvement Standards BIS-1. Buildings and Structures: All buildings and structures owned or used by operators on the airport are considered as “public buildings” and shall comply with state and local laws, codes and regulations. BIS-1a. Maintenance of the Airport: Each lessee of land or facilities on the airport shall keep his leased area/facilities neat (freshly painted where appropriate), trimmed, clean, free from any type of hazard of life, limb, or property, free from junk and debris, and in an aesthetically pleasing condition. Maintenance of areas not leased shall be the responsibility of the City. No aircraft or other vehicle may be parked or kept at the airport unless it is kept operable and in apparently sound structural and mechanical condition. Aircraft not meeting this test; i.e., those undergoing repair or appearing to be “junk”, unusable, or unsightly, shall promptly be repaired or removed from the airport within 10 days written notice from Owner. Failure to do so after notice shall be considered a breach of these standards. BIS-2. Buildings and Structures Standard: No person may construct, suffer, or maintain any structure or shelter, either permanent or temporary, unless specifically authorized by the City. Except as noted hereinafter, in no event shall the City authorize construction, erection, or continued presence of a structure unless it is of permanent metal and/or masonry construction, paved floors, aesthetically pleasing, and at a minimum, meet building, fire, and other codes or standards applicable in the City and/or at the airport, provided, however, that the City may on a case by case basis make exception to this policy insofar as applicable to GFBO’s during the first five months the GFBO is open if first determined that such action is necessary to provide a minimal level of service to airport users. SECTION 7 FUEL DELIVERY, STORAGE, SALES Georgetown Municipal Airport 7.1 Preliminary Minimum Standards May 13, 2005 Section 7 – Fuel Delivery, Storage, Sales FDSS-1. Fire Regulations: A. Every person going upon or using the airport or its facilities in any manner, shall exercise the greatest care and caution to avoid and prevent fire. B. Aircraft shall not be fueled while the engine is running or while in a hangar or other enclosed place. C. Smoking or open flame within fifty (50) feet of any aircraft or fuel truck are prohibited. D. Compressed inflammable gas shall not be kept or stored in the airport, except at such places as may be designated by the Airport Manager. E. No inflammable substance shall be used in cleaning motors or other parts of an aircraft inside a hangar or other building. Flammable liquids may be used only for the purpose stated outside of and clear of any building. F. No one shall smoke, ignite a match or lighter in any building, except in offices, waiting rooms or buildings where specially permitted by the Airport Manager. G. Hangar entrances shall be kept clear at all times. No boxes, crates, cans, bottles, paper or other litter shall be permitted to accumulate in or about a hangar. H. The floors in all buildings shall be kept clean and free from oil, and no volatile, flammable substance shall be used for cleaning the floors. I. In all matters relating to aircraft fueling safety the provisions of NFPA Manual 407 “Aircraft Fuel Servicing, 2001”, published and available from the National Fire Protection Association, Inc., 407 Atlantic Avenue, Boston, Massachusetts, 02210, shall prevail. FDSS-2. Fueling of Aircraft – Safety Regulations: A. All aircraft shall be fueled in accordance with current airport Rules and Regulations. B. All aircraft will be positively grounded when being serviced with fuel. FDSS-3. Fueling of Aircraft – Fuel Flowage Fees: A. The fuel flowage fees to be paid by lessees to the City on fuel delivered to lessees at Georgetown Municipal Airport shall be as designated by the City Council. SECTION 8 DOING BUSINESS WITH THE AIRPORT Georgetown Municipal Airport 8.1 Preliminary Minimum Standards May 13, 2005 Section 8 – Doing Business with the Airport DB-1. Selection of Commercial/Operators: Where the City has more than one fully qualified applicant interested in commercial operations on a particular tract or facility on the airport, Owner shall select the applicant in a fair and nondiscriminatory manner. Procedures for application/selection are given hereinafter. DB-2. Selection of GFBO’s/SFBO’s: A. Following sufficient notice that applications for GFBO/SFBO lease/rights are to be accepted, on the designated day, (not less than 15 days following publication) Owner will review all applications to ascertain those applicants who meet the minimum requirements set out herein for GFBO/SFBO’s. Application should address each of the relevant requirements and such other matters as may be pertinent to each proposal (application). B. The City, acting through the AAB, shall evaluate each application (proposal) on each of the following criteria: 1. Financial integrity and stability – sufficient fiscal and credit to fulfill all requirements and obligations. 2. Ownership experience – The aviation related experience of the principal(s) submitting an application. 3. Management experience – Relevant managerial competence of the manager named in the application. 4. Diversity and Breadth of services proposed. 5. Track record of the applicant in similar business endeavors. 6. Quality of other enterprises operated by the applicant (either currently or in the past). 7. Comprehensiveness and quality of applicants to become GFBO/SFBO. 8. Miscellaneous attributes or intangibles – (must be specifically enumerated with support justifications). C. A recommendation by the AAB will be presented to the City Council for award (by resolution) of a GFBO/SFBO(s). Georgetown Municipal Airport 8.2 Preliminary Minimum Standards May 13, 2005 D. All applicants will be advised in writing by the City Secretary of the Council of award. The person(s) selected must, within five (5) days of the notice of award, confirm in writing his willingness to accept such award and be bound by all regulations contained in these minimum standards and applicable FAA regulations. Should any person awarded GFBO/SFBO status decline to accept, the next person(s) will then be offered said GFBO/SFBO status until all vacant GFBO/SFBO positions are filled or until the list is depleted of acceptable applicants. SECTION 9 LEASING Georgetown Municipal Airport 9.1 Preliminary Minimum Standards May 13, 2005 Section 9 – Leasing L-1. Conflicts in Lease: Should any portion of these Standards conflict with the conditions of any lease agreement executed by the City, the conditions in the executed lease agreement will take precedent over these Standards for the remainder of the lease term or renewal thereof. L-1a. Leases/Operating Rights Nontransferable: Except to the extent needed for a mortgagee to protect its legitimate interest in a leasehold and improvement thereon, land areas and/or facilities used or needed shall be held pursuant to lease only and shall not be transferable unless authorized in writing by the City. L-2. Exclusive Rights: No person may be granted in fact or by written instrument any exclusive right prohibited by Section 308 (a) of the Federal Aviation Act of 1958. Determination of the existence of a prohibited exclusive right shall in the final analysis be made by the FAA, and such determination shall be final. If FAA determines any provision of a written instrument or a practice in fact constitutes a grant of a prohibitive exclusive right, such provision or grant shall be deemed null and void for all purposes. L-3. Use of Land within the Airport: Property within the airport may be used only for aeronautical purposes, provided, however, that nothing herein shall prohibit a secondary non-aeronautical use of such land if 1) the primary aeronautical need is not interfered with; 2) it is not in violation of FAA regulations; 3) it is specifically authorized by the City and; 4) if such secondary use will benefit the airport or improve its maintenance or development is compatible with aeronautical purposes. L-4 Ground Lease Procedures: All Ground Lease Proposals shall use the following procedures and timing. A request shall be made to the Airport Manager, who will provide the applicant with instructions on the information that is needed to proceed with the request. The following shall be required for all applications to lease: 1. Concept plan including preliminary sketches of construction and infrastructure build out. 2. Timeline to complete the project. 3. Intended aeronautical use of project, and a preliminary analysis of the project’s impact on airport traffic and/or noise. 4. Letter of Credit assuring financial capabilities. 5. Non-refundable application fee. The Airport Manager will review the request for compliance with ALP, AMP, airport rules and regulations, and minimum standards. The Airport Manager may at this time request changes to the proposed lease if above listed compliance are not met. Georgetown Municipal Airport 9.2 Preliminary Minimum Standards May 13, 2005 The Airport Manager and potential lessee will present the lease proposal at the next scheduled AAB meeting for a first reading. The AAB may defer to proposed lease for a second reading at the next scheduled AAB meeting if additional information or changes to the proposal are required. All lease proposals will be forwarded to the City Council with a recommendation from the AAB for the next available meeting. Applicant may appeal any AAB decision directly to the City Council. However, applicant may not use a direct appeal to City Council to bypass the AAB process. L-5. Fees Due from Operators at/on Airport: The following shall be due and payable to the City on the 15th day of each calendar month for charges incurred during the calendar month next proceeding, as follows A. Sums due under any leases of land or land and improvements. B. Sums due under any agreement granting operating rights at or from the airport. L-5a. Terminal Apron Leasing: No related persons/entities (legally, by third degree of consanguinity or affinity, or otherwise) may be granted GFBO rights on the entire terminal apron or on all or substantially all the land contiguous thereto. L-6. Lease Cancellation/Reduction in Scope: Land leased on the airport must be promptly, effectively, and reasonably fully utilized. Any person leasing vacant land on the airport must commence construction of minimum facilities, as described in his lease with the City, no later than one (1) year from the date of the lease agreement, provided however, that the City may grant such extensions as the City may deem necessary. The facilities shall be completed not later than one (1) year after construction commences. Total Cancellation: If any lessee fails to promptly and effectively utilize any of the leased premises, Owner may lease the tract to another qualified person in accordance with procedures set out elsewhere herein. Partial Cancellation: If a lessee after such two (2) year period (and any extension that may be granted by the City) is using only part of the area leased to him, the City may, or on receiving from an otherwise qualified person a bona fide firm offer to lease the unused portion, unilaterally reduce the lease to the area being actually used, provided, however, that in no event (except where lease is totally cancelled) will a GFBO’s or a SFBO’s lease be reduced below the minimum required acreage for such operators. L-6a. Revocation of Leases/Grants: The City, in its discretion, shall have the right to terminate any lease, license, or agreement authorizing any person to conduct any service or activity and/or to revoke any lease on any land or facility on the airport for any cause or reason provided by these standards or by law and, in addition, upon happening of one or more of the following: A. Filing of a petition of voluntary or involuntary bankruptcy by operator. B. The making by the person of any general assignment for the benefit of creditors. Georgetown Municipal Airport 9.3 Preliminary Minimum Standards May 13, 2005 C. The abandonment or discontinuance of any permitted operation at the airport by any person or failure to conduct any service, operation, or activity which the lessee or person has agreed to provide under the terms of his contract. D. The failure of a person to promptly pay the City, when due, all rents, charges, fees, or other payments which are payable to the City in accordance with applicable leases or otherwise due hereunder. E. The failure of the person to remedy any default or breach or violation of these minimum standards by him or his employees within 30 days after notice from the Airport Manager. F. Violation of the Minimum Standards or Rules and Regulation of the Airport, or failure to maintain current FAA licenses required for his operation. G. Intentionally or knowingly supplies the Owner with false or misleading information or misrepresents any material fact on his application or documents or in statements made to or before representatives of City. H. Operates or allowing any employee to operate an aircraft or any other equipment in a dangerous or hazardous manner which could endanger the general public or any member thereof in any manner. L-7. Rates and Charges: All rates and charges imposed by the City upon any operator or user or by any commercial operator or user or other operators on the airport shall be uniformly applicable to all other such operators/users which make the same or similar use of the airport facility, provided, however, that nothing herein shall prevent granting of quantity discounts if such discounts are granted on a nondiscriminatory basis. L-7a. Lease Charges/ Escalation Clauses/Terms: All unimproved airport property shall be leased at an amount per square foot, per year as set by the City. The term of each lease for use of unimproved airport property shall be set by Owner, not to exceed twenty (20) years with a ten (10) year option. Every lease of airport property shall be deemed to contain an automatic escalation clause requiring adjustment of lease charges at the end of each five (5) year period by the cumulative increase (since last adjusted) in the latest Consumer Price Index as published by the Bureau of Labor Statistics prior to lease anniversary and each five (5) years thereafter. APPENDIX A DEFINITIONS Georgetown Municipal Airport A.1 Preliminary Minimum Standards May 13, 2005 MINIMUM STANDARDS APPENDIX A GEORGETOWN MUNICIPAL AIRPORT DEFINITIONS GEORGETOWN, TEXAS Airport Advisory Board (AAB): City appointed board that oversees and makes recommendations to the City pertaining to airport related matters. access taxiway: A taxiway that provides access to a particular location or area. active based aircraft: Aircraft that have a current Airworthiness Certificate and are based at an airport. Advisory Circular (AC): FAA publications consisting of all non-regulatory material of a policy, guidance, and technical nature. Used as basic source for most airport design criteria. aircraft: A device that is used or intended to be used for flight in the air. (FAR Part 1) aircraft mix: The range of categories of aircraft which are to be accommodated at the airport. Mix is usually defined in percentages of categories such as multi engine, jet, turbo-prop, etc. aircraft parking on terminal apron: The paved or surface-treated terminal aircraft parking apron shall be reserved for itinerant aircraft or for other aircraft while being fueled or while loading or unloading passengers, except that portion of the parking apron reserved for aircraft owners leasing space from the City for month to month parking. aircraft parking/tie-down: A specialized location on the airport that has at least 3-point tie-downs with ropes or chains adequate to hold aircraft immobile in gale-force winds. aircraft tiedown: Positions on the ground surface that are available for securing aircraft. air navigation facility (NAVAID): Any facility used as, available for use as, or designed for use as an aid to air navigation, including lights, radio or other electronic communication, and any other device for guiding and controlling flight in the air or the landing or takeoff of aircraft. airport: The airport identified on the title plate hereof. airport imaginary surfaces: Imaginary surfaces established at an airport for obstruction determination purposes and consisting of primary, approach-departure, horizontal, vertical, conical, and transitional surfaces. Building restriction lines are based upon these surfaces. Airport Layout Plan (ALP): An FAA/TxDOT approved set of drawings showing airport boundaries, physical features and proposed additions to all areas owned or controlled by the sponsor for airport purposes, the location and nature of existing and proposed airport facilities and structures, and the location on the airport of the existing and proposed non-aviation areas and improvements thereon. The drawings also show local airspace, approach areas and obstructions in the approach areas. Airport Manager: The official of the owner named on the title/face sheet hereof, or his designee. In no event however, shall it be a commercial operator (his family member, stockholder, partner, competitor, or employee) of the airport. Georgetown Municipal Airport A.2 Preliminary Minimum Standards May 13, 2005 Airport Master Plan: Presents the planner's conception of the ultimate development of a specific airport. It presents the research and logic from which the plan was evolved and displays the plan in a graphic and written report. Airport Reference Code (ARC): The Federal Aviation Administration classifies airports by use of the AIRPORT REFERENCE CODE (ARC), which is a coding system used to relate airport design criteria to the operational and physical characteristics of the airplanes intended to operate at the airport. This code is divided into two components. The first is depicted by a letter the airport approach category (operational characteristic) and relates to aircraft approach speed. The second component depicted by a roman numeral is the airplane design group and related to airplane wingspan (physical characteristic). airport sponsor: The City of Georgetown is the airport sponsor and is authorized to own and operate the airport, to obtain property interests, to obtain funds, and to be legally, financially, and otherwise able to meet all applicable requirements of current laws and regulations. airspace: Space in the air above the surface of the Earth or a particular portion of such space, usually defined by the boundaries of an area on the surface projected upward. airside facilities: The airfield on which aircraft operations are carried out, including runways and taxiways. apron: A defined pavement area, intended to accommodate aircraft for purposes of loading or unloading passengers or cargo, refueling, parking, or maintenance. based aircraft: The total number of active general aviation aircraft which use or may be expected to use an airport as a "home base". building area: An area on an airport to be used, considered, or intended to be used, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon. Building Restriction Line (BRL): A line shown on the airport layout plan beyond which airport buildings must not be positioned in order to limit their proximity to aircraft movement areas. City: The City of Georgetown, Texas. commercial operator: A person who provides for compensation, goods or services to the public on or from the airport, such as car rental agency, restaurant, etc. FAR Part 77: Defines obstructions to air navigation and requires notice to FAA of certain types of construction on and near airports. FAR Part 150, Airport Noise and Land Use Compatibility Planning: Designed to assist airport operators in determining the extent and nature of the noise problem at a given airport. Federal Aviation Administration (FAA): Created by the act that established the Department of Transportation. Responsible for all civil aviation administration and regulation in the United States. final approach area(s): Areas of defined dimensions protected for aircraft executing instrument approaches. Georgetown Municipal Airport A.3 Preliminary Minimum Standards May 13, 2005 Fixed Base Operator (FBO): A business enterprise located on the airport that provides goods and services to airport users, such as, fuel lubricants, maintenance, or other accommodations to the general public. fuel flowage fees: Fees levied by the airport operator per gallon of aviation gasoline and jet fuel sold at the airport. general aviation: That portion of civil aviation which encompasses all facets of aviation except air carriers holding a certificate of convenience and necessity form the Civil Aeronautics Board, and large aircraft commercial operators. general aviation itinerant operations: Takeoffs and landings of civil aircraft (exclusive of air carrier) operating on other than local flights. General Fixed-Base Operator (GFBO): A person authorized under these standards to operate on the airport as a general fixed base operator (GFBO). See Section G on Commercial Operators/Rights. holding areas: Run-up areas located at or very near the ends of runways for pilots to make final checks and await final clearance for takeoff. horizontal surface: A specified portion of a horizontal plane located 150 feet above the established airport elevation which establishes the height above which an object is determined to be an obstruction to air navigation. Itinerant operations: All aircraft arrivals and departures other than local operations. landing area: Any locality, either on land or water, including airports, heliports and STOL ports, which is used or intended to be used for the landing and takeoff or surface maneuvering of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging of passengers or cargo. landside operations: Those parts of the airport designed to serve passengers including the terminal buildings, vehicular circular drive, and parking facilities. land use plan: Shows on-airport land uses as developed by the airport sponsor under the master plan effort and off-airport land uses as developed by surrounding communities. line service: The dispensing of aviation fuel, checking aircraft engine oil, adding aircraft engine oil, windshield cleaning, etc. local operations: As pertaining to air traffic operations, aircraft operating in the local traffic pattern or within sight of the tower; aircraft known to be departing for, or arriving from, flight in local practice areas located within a 20-mile radius of the control tower; aircraft executing simulated instrument approaches or low passes at the airport. local traffic: Aircraft operating in the local traffic pattern or within sight of the tower, or aircraft known to be departing for or arriving from flight in local practice areas, or aircraft executing simulated instrument approaches at the airport. Noncommercial operators: A person who does not offer or provide goods or services to the public for compensation. See Section H herein on noncommercial operators. Georgetown Municipal Airport A.4 Preliminary Minimum Standards May 13, 2005 owner: The owner identified on the title page of these standards. parking apron: An apron intended to accommodate parked aircraft. person: Unless context clearly indicates otherwise, the “person” as used herein shall mean any natural person, estate, club, organization, firm, association (whether incorporated or not), partnership, corporation, or legal entity of any kind. public airport: An airport for public use, publicly owned and under control of a public agency. public-use airport: An airport, public or private, open to the public without prior permission and without restrictions within the physical capacities of available facilities. runway: A defined rectangular area on a land airport prepared for the landing and takeoff run of aircraft along its length. runway protection zone: An area at ground level whose perimeter conforms to the runway's innermost approach surface projected vertically. It begins at the end of the primary surface and it terminates directly below the point or points where the approach surface reaches a height of 50 feet above the elevation of the runway end. runway safety area: Cleared, drained, graded, and usually turfed areas abutting the edges of the usable runway and symmetrically located about the runway. It extends 1000’x500’ beyond each runway end for Runway 18-36, and 300’x150’ beyond the ends of Runway 11-29. The width varies according to the type of runway. runway strength: The structural capability of a runway to support aircraft of a designated gross weight for each of single-wheel, dual-wheel, and dual-tandem-wheel landing gear types. scheduled service: Airport transport service operated over routes based on published flight schedules, including extra sections and related non-revenue flights. Specialty Fixed-Base Operator (SFBO): A person authorized to operate on the airport as a Specialty Fixed-Base Operator. See Section G on Commercial Operator/Rights. taxiway: A defined path, usually paved, over which aircraft can taxi from one part of an airport to another. taxiway safety area: A cleared, drained, and graded area, symmetrically located about the extended taxiway centerline and adjacent to the end of the taxiway safety area. terminal apron: An area provided for parking and positioning of aircraft in the vicinity of the terminal building for loading and unloading. terminal area: The area used or intended to be used for such facilities as terminal, hangars, shops, and other service buildings; automobile parking, fixed base operations, and garages and vehicle service facilities used in connection with the airport; and entrance and service roads used by the public within the boundaries of the airport. terminal building: A building or buildings designed to accommodate the enplaning and deplaning activities of flight crews and passengers. Georgetown Municipal Airport A.5 Preliminary Minimum Standards May 13, 2005 T-hangar: An aircraft hangar in which aircraft are parked alternately tail to tail, each in the T-shaped space left by the other row of aircraft or aircraft compartments.