CHAPTER 110
Airport Commercial Business

Section

General Provisions

110.01    Purpose and intent

110.02    Waiver provisions

110.03    Rates, charges, taxes and assessments

110.04    Utility and service charges

110.05    Operator requirements

110.06    Laws, ordinances and regulations

110.07    Subordinate provisions

110.08    Subleases and sublets prohibited

110.09    Rights in common

110.10    Public benefits

110.11    Hazardous conditions

110.12    Maintenance of premises

110.13    Future developments

Fixed Base Operation

110.20    Fixed base operations

110.21    Primary services

110.22    Specialty services

110.23    Application for operator rights

110.24    Construction cost

110.25    Conduct of business

110.26    Approval of City Council

110.27    Liability insurance

110.28    Fire and damage insurance

110.29    Records and books of accounts

110.30    Repair and maintenance

110.31    Revocation of lease or license

110.32    Certificates

110.33    Complaints in writing

110.34    Rights of inspections

110.99    Penalty

GENERAL PROVISIONS

110.01 PURPOSE AND INTENT.

(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)

110.02 WAIVER PROVISIONS.

(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)

110.03 RATES, CHARGES, TAXES AND ASSESSMENTS.

(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)

110.04 UTILITY AND SERVICE CHARGES.

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

110.05 OPERATOR REQUIREMENTS.

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

110.06 LAWS, ORDINANCES AND REGULATIONS.

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

110.07 SUBORDINATE PROVISIONS.

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)

110.08 SUBLEASES AND SUBLETS PROHIBITED.

(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)

110.09 RIGHTS IN COMMON.

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)

110.10 PUBLIC BENEFITS.

(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

110.11 HAZARDOUS CONDITIONS.

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)

110.12 MAINTENANCE OF PREMISES.

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

110.13 FUTURE DEVELOPMENTS.

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)

FIXED BASE OPERATION

110.20 FIXED BASE OPERATIONS.

(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)

110.21 PRIMARY SERVICES.

(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)

110.22 SPECIALTY SERVICES.

(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.

110.23 APPLICATION FOR OPERATOR RIGHTS.

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

110.24 CONSTRUCTION COST.

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)

110.25 CONDUCT OF BUSINESS.

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

110.26 APPROVAL OF CITY COUNCIL.

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)

110.27 LIABILITY INSURANCE.

(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)

110.28 FIRE AND DAMAGE INSURANCE.

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

110.29 RECORDS AND BOOKS OF ACCOUNTS.

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)

110.30 REPAIR AND MAINTENANCE.

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)

110.31 REVOCATION OF LEASE OR LICENSE.

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

110.32 CERTIFICATES.

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

110.33 COMPLAINTS IN WRITING.

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)

110.34 RIGHTS OF INSPECTIONS.

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)

110.99 PENALTY.

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)