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Airport Fixed Base OrdinanceAN ORDINANCE ESTABLISHING MIMIMUM STANDARDS FOR FIXED BASE OPERATORS OF HARNETT COUNTY AIRPORT BE IT ORDAINED BY THE COUNTY BOARD OF COMMISSIONERS OF HARNETT COUNTY: INDEX PART I AUTHORITY, PURPOSE AND DEFINITIONS Section 1 Authority Section .2 Purpose Section 3 Definitions a. Aeronautical Activity b. A & P Mechanic C. Duly Authorized Representative of Owner d. FAA e. FAR f. Fixed Base Operator g. Minimum Standards h. Operator i. Owner PART II .- MINIMUM STANDARDS FOR FIXED FIXED BASE OPERATORS. 3 3 3 3 4 4 4 4 4 4 4 4 Section 4 Business Hours 4 Section 5 Performance Bond 4 L._ --. -- Section -6 = �' . ° '--Desig "a`nd'Construction Standards; Other Standards 4 Section 7 Lease Required -5 Section 8 Financial Solvency, Business Ability and Compliance with Laws and Regulations 5 Section 9 Insurance 5 a. Liability Insurance b. Fire, Theft and Comprehensive Insurance 4 Section 10, 'Aviation Petroleum Sales 5 Section 11, Aviation Petroleum Sales - ..Special Requirements 5 Section'12' Office Lounge and Restroom Requirements 6 Section 13 Ramp'Services 6 Section 14 Aircraft, Maintenance and Repairs 6 Section 15 Aircraft Sales 7 Section 16 - Flight Instruction, Charter Service, - Aircraft Rental 7 .Section 17 Miscellaneous Operations 8 Section 18 Construction and Rental of Hangar 8 Section 19 Consideration 8 Section 20 Use for Benefit of the Public 8 Section 21 Discrimination Prohibited 9 PART III TERMINATION 4. Section.22 Termination of .Rights of Fixed Base Operators 9 PART IV MISCELLANEOUS PART I AUTHORITY, PURPOSE AND DEFINITIONS Section 1. Authority. This ordinance is adopted pursuant to North Carolina General Statute 153A -275, which statute permits a County by ordinance to adopt reasonable rules and regulations to protect and regulate a public enterprise belonging to or operated by it. Section 2. Purpose. The purpose of this ordinance is to establish rules and regulations which'are.minimum standards for fixed base operators engaging in aeronautical activities on or at the the Harnett County Airport. This.ordinance shall not;be construed to apply to noncommercial users of the airport. Section 3. Definitions. As used in this document the following definitions shall apply= a. Aeronautical Activity - Any activity 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. The following activities, commonly, =conducted on airports, are aeronautical activities within this definition: charter operations, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying,.,air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other included :activities, repair and maintenance of aircraft, sale of. aircraft parts, ramp services, and any other activities which because of their direct relationship to the operat- ion'fiof,,aircraft can,appropriately be regarded as an aeronautical activity. The following are examples of what are not considered aeronautical activites: ground transportation (taxis, car rentals, limousines), restaurants, barber shops, auto parking lots. b. Duly Authorized Representative of Owner - The Airport Committee appointed by the Owner. c. .A & P Mechanic - Airplane and Power Mechanic. d. FAA - Federal Aviation Administration. e. FAR - Federal Aviation Regulations. f. Fixed Base Operator - Any person, partnership, corporation, organization, or association in the _ business of or formed for the purpose of engaging in aeronautical activities. g. Minimum Standards - The qualifications established by Owner as the minimum requirements to be met as a condition for the privilege to conduct an aeronautical activity on Harnett County Airport. h. Operator - Fixed Based Operator. i. Owner - Harnett County, through its duly elected Board of Commissioners. PART II MINIMUM STANDARDS FOR FIXED BASE OPERATORS Section 4. Business Hours. All fixed base operations at Harnett County Airport shall be full time, progressive business enterprises, with manned office facility at Harnett County Airport during all regular business hours, said business hours, for the purpose of this document, to be from 8:00 a.m. to 5:00 p.m. Section 5. Performance Bond. Fixed Base Operators will be required to furnish the Owner a performance bond commensurate with the construction required under the minimum standards of services to be performed. Section 6: Design and Construction Standards; Other Structures. All construction - required herein shall be in accordance with design and construction standards established by the Owner for the facility involved,'and all facilities of a like nature shall meet the same standards. No structure shall be located on airport property unless approved by the Owner or its duly authorized representative. 2 Section 7. Lease Required. No Fixed Base Operator shall be allowed to operate on Harnett County Airport without a fully executed lease agreement with the Owner, said lease agreement to have incorporated into it this document setting forth minimum standards as if it were a part thereof. Section 8. Financial Solvency, Business Liability and Compliance with Laws and Regulations. Fixed Base Operators must show financial solvency and business ability to the satisfaction of the Owner, and agree to comply with all federal, state, local, and airport laws, rules, and regulations. Section 9. Insurance. a. Liability Insurance - The minimum liability insurance which a fixed base operator shall carry is $100,000. (One Hundred Thousand Dollars) for bodily injury and $50,000. (Fifty Thousand Dollars) for property damage. Fixed Base Operators'shall also carry the minimum insurance required by the Civil Aeronautics Board and other regulatory agencies as appropriate to the aeronautical activities being performed. b. Fire, Theft and Comprehensive Insurance - Owner shall maintain necessary fire, theft and.comprehensive insurance to cover its fixed assets. Property owned by operator shall be insured by him and owner has no responsib'ility,for any loss. Section 10. Aviation Petroleum Sales. Fixed Base Operators providing sale of aviation petroleum products must meet the .minimum standards as shown herein and - provide all the services and meet all the requirements listed below in Paragraphs 12 (Office Lounge and`.Restroom Requirements) and 13 (Ramp Services). Section 11 Aviation Petroleum Sales = Special Requirements. Fixed Base Operators providing services in Paragraphs 14 (Aircraft Maintenance and Repairs), 15 (Aircraft Sales), 16 (Flight Instruction, Charter Service and Aircraft Rental), 17 5 (Miscellaneous Operations) and 18 (Construction and Rental of Hangars) must meet minimum standards as shown herein and the established standards for the given service but may not engage in sale of aviation petroleum products without first complying with Paragraph 10 (Aviation Petroleum Sales) as shown above. Section 12. Office, Lounge and Restroom Requirements. To provide for the sale of Aviation Petroleum Products, the Fixed Base Operator shall lease from the Owner or construct and maintain 400 square feet of office, lounge and restroom area at Harnett County Airport. .Section 13. Ramp Services. Ramp services shall be provided full time during regular business hours and by call at other than regular business hours, seven days a week, by the Fixed Base Operator, or in consort with other Fixed Base Operators maintaining similar business at Harnett County Airport. Section 14. Aircraft Maintenance and Repairs. The Fixed Base Operator providing this service shall lease from the Owner or construct and maintain at least a 4,000 square foot hangar properly equipped, and shall provide the services of at least one FAA certified A & P mechanic, and as many properly FAA certified personnel as may be required to perform all various aircraft maintenance and repairs in accordance with all rules and regulations and directions of the FAA and other governmental bodies having jurisdiction thereof. The hangar space referred to shall be used exclusively for maintenance activities and shall not be rented or leased to any third party. (Hangar rental to third parties shall be in accordance with Paragraph 18.) The Fixed Base Operator providing this service shall also lease from the Owner cr _ M construct and maintain at least 400 square feet of office, lounge, and restroom area. Said office, lounge, and restroom area may also be used in conjunction with other aeronautical activities engaged in by the Fixed Base Operator providing this service. Section 15. Aircraft Sales. The Fixed Base Operator providing this service shall also lease from the Owner or construct and maintain at least 400 square E feet of office, lounge, and restroom area. Said office, lounge, and restroom area may also be used in conjunction with other aeronautical activities engaged in by the Fixed Base Operator providing this service. This shall be a full time progressive business operation, operating during regular business hours, and providing sales facilities and sales personnel meeting FAA regulations. Section 16. Flight Instruction, Charter Service, Aircraft Rental. A Fixed Base Operator may engage in flight instruction, charter service and /or aircraft rental (anyone or all of these services), provided that the Operator shall provide a minimum of three aircraft at Harnett County Airport for the exclusive use of the Operator and the Operator must make suitable arrangements for hangaring and /or parking of his aircraft at Harnett County Airport. The Fixed Base Operator providing this service shall also lease from the Owner or construct and maintain at least 400 square feet of office, lounge, and restroom area. Said office, lounge,.and restroom area may also be used in conjunction with other aeronautical.activities engaged in by the Fixed Base Operator providing this service. Said service shall be provided full time during regular business hours and Operator shall provide full time office personnel during regular business hours as well. Operator must .maintain the necessary classroom space properly equipped for ground school instruction commensurate with FAR requirements of a certified Pilot School or Provisional Pilot School and shall hold a current and valid Pilot School Certificate or Provisional Pilot School Certificate. The Operator must provide only properly certified instructors and pilots with ratings and qualifications as required by the FAA in the performance of all operations outlined in this paragraph. Any air taxi /commercial operations shall,be performed by an Operator holding a current and valid Air Carrier Operating Certificate. Section 17. Miscellaneous Operations. Miscellaneous operations such as radio and instrument repairs, aerial advertising, crop dusting and other aeronautical_ activities not hereinabove provided for may be conducted by any 7 person, firm or corporation upon application to and approval of the Owner and its duly appointed representative. Reasonable terms and conditions for the privilege of engaging in these various activities will be established by the Owner and its duly appointed representative commensurate with the nature and scope of the activities involved and their safe conduct in relation to other aeronautical activities already being performed. Section 18. Construction and Rental of Hangars. Any construction of hangars shall be by lease agreement with the owner and subject to.owner standards. Such hangars may be used for storage of airplanes only. Assignment of lease by user shall be subject to consent of owner, which consent shall not be unreasonably withheld. Section 19. Consideration. Consideration for the privilege to conduct aeronautical activities at Harnett County Airport shall be.based upon a percentage of gross.revenues for all services provided by Operator. The minimum consideration shall be specified in lease agreement between Owner and Operator and shall be a fair and equitable amount for the activities proposed and shall be based on reasonable terms and conditions. However, each Operator conducting aeronautical activities of a like nature shall provide the same consideration to Owner. Section 20. Use for Benefit of the Public; Rates, Charges, Etc. Operator shall operate for the use and benefit of the public and to make available to the public on fair and reasonable terms all',leased airport facilities and furnish all service on a fair, equal and not unjustly discriminatory.basis . to all users.thereof and to charge fair, reasonable and not unjustly discriminatory_, . prices for each unit or service. Rates'and,charges for such activities and services shall be fixed by the Operator subject to Owner concurrence and approval of such rates and charges as to reasonableness. In the event of disputes as to such reasonableness, final determination will be reserved to the Owner. 8 All services offered by the Operator shall be performed with promptness and courtesy. Section 21: Discrimination Prohibited. The Operator, in his operation and use of said Airport, will not on the grounds of race, color, or national origin, discriminate or permit discrimination against any person or group of persons in any manner prohibited by;'Part 21 of the Department of Transportation ;Regulations. PART III TERMINATION Section 22. Termination of Rights of Fixed Base Operator. The owner may immediately terminate lease of Fixed Base Operator if it finds that Operator is knowingly in noncompliance with minimum standards set forth in this ordinance or with any provision in the Lease between owners and operator. PART IV MISCELLANEOUS Section 23. Rights Not Exclusive. Exclusive rights to provide aeronautical activities within the meaning of Section 308(a) of the Federal Aviation Act of 1958, as amended, shall not be granted by owner to anyone. Section 24. Amendments. These minimum standards established in this ordinance for fixed base operations at Harnett County Airport may be amended or changed as by law provided. Section 25. Clause Headings. The'clause headings and index appearing in this ordinance have been inserted for the purpose of convenience.and ready reference. '`They.:do. not purport to,. and shall not.`be'deemed to define, limit to extend the scope or intent of the clauses to which they appertain. Section 26. Penalty. -If any person shall violate any provision, rule or regulation of this Ordinance, he shall be guilty of a misdemeanor and upon conviction punished as prescribed by North Carolina General Statute 14 -4. Each day that a person shall continue to do any act 9 in violation of such provision, rule or regulation shall constitute a distinct and separate offense. Further, this ordinance may be enforced by injunction and order of abatement as provided for in N.C.G.S. 153A -123. Section 27. Severability. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. 10 CERTIFICATE I, Vanessa W. Young, Clerk to the Board of Commissioners of Harnett County,'certify that the foregoing ordinance entitled "An ,Ordinance Establishing Minimum Standards for Fixed Base Operators of Harnett County Airport" was duly adopted by unanimous vote of the Board of Commissioners of Harnett County at its first reading on the t) V4L day of ,1981. Further, said ordinance appears in the Minutes of the meeting of the Board for that date and has been duly recorded and indexed in Ordinance Book -L-_ Pages ia11?q J16, Office of the Board of Commissioners of Harnett County.