[R.O. 1992 § 260.010; Ord. No.
2020-04 § 1, 7-6-2004; Ord. No. 2517-14 § 2, 10-21-2014; Ord. No. 2524-15 § 2, 1-6-2015]
As used in this Chapter, the following terms shall have these
prescribed meanings:
Any activity conducted on airport property that makes the
operation of an aircraft possible or that contributes to or is required
for the safe operation of aircraft. The following are considered aeronautical
activities within this definition: aerial surveying, air carrier operations
(includes cargo), aircraft rental, aircraft sales and service, aviation
fuel and oil sales, banner towing, charter operations, scenic flights,
crop dusting (aerial application), pilot training, repair and maintenance
of aircraft, sale of aircraft parts. (Any other activities that because
of their direct relationship to the operation of aircraft can appropriately
be regarded as an aeronautical activity.)
A contract executed between the airport and an entity, granting
a concession that transfers rights or interest in property or authorizes
the conduct of certain activities. The agreement or lease must be
in writing executed by both parties and enforceable by law.
An entity that provides on demand non-scheduled passenger
air service in aircraft having less than thirty (30) passenger seats.
The repair, maintenance, adjustment or inspection of aircraft.
Major repairs include major alterations to the airframe, powerplant
and propeller as defined in Part 43 of the FARs. Minor repairs include
normal, routine annual inspections with attendant maintenance, repair,
calibration, adjustment or repair of aircraft and their accessories.
The geographical area under the care, custody and control
of the City of Camdenton known as the "Camdenton Memorial-Lake Regional
Airport."
[Ord. No. 2517-14 § 2, 10-21-2014; Ord. No. 2524-15 § 2, 1-6-2015]
Designated representative of the City of Camdenton to administer
the functions and directives of the City of Camdenton concerning the
airport.
A paved area suitable for aircraft staffing and parking.
A provision contained in a Federal grant agreement to which
the recipient of Federal airport development assistance has voluntarily
agreed in consideration for the assistance provided.
Any activity conducted on airport property that provides
service or support to aircraft passengers or air cargo. The following
are examples of aviation-related activities: auto parking lots, concessions,
ground transportation, restaurants and any other service or support
activities that can appropriately be called aviation related.
Any aeronautical activity intended to secure earnings, income,
compensation, profit, whether or not such objectives are accomplished.
A commercial aviation operator may be classified as either
a fixed base operator (FBO) or a specialized service operator (SASO).
A person, persons, firm, partnership, limited liability,
company, corporation, unincorporated proprietorship, association or
group.
A power, privilege or right that excludes another from enjoying
or exercising a like power, privilege or right. An exclusive right
can be conferred by express agreement, by the imposition of unreasonable
standards or requirements or by any other means.
Federal Aviation Administration.
Federal Aviation Regulation.
An entity that is authorized and required by agreement with
the airport to provide the sale of aviation fuel and oil along with
at least one (1) of the following: aircraft maintenance, flight instruction,
flight rental, aircraft charter.
Any agreement made between an airport sponsor and the FAA
for the grant of Federal funding or a conveyance of land used for
airport purposes.
All buildings, structures and facilities. Improvements may
include pavement, fencing, signs and landscaping that is constructed,
installed or placed on or above any leased area.
A written contract between the airport owner/operator and
an entity granting a concession that transfers rights or interests
in property or authorizes the conduct of certain activities.
The criteria established by an airport owner as the minimum
requirements that must be met by commercial aeronautical business
or activities.
A building composed of partitioned or nested units designed
to house no more than one (1) aircraft in each unit and having single
door openings for each unit.
Person or entity who has entered into a lease or has a permit
to operate a certain activity on the airport. As used in these minimum
standards, the term "operator" refers to both commercial and non-commercial
operators.
Aircraft that is registered, insured and operated by owner
or designated pilot (i.e., sales tax has been paid for specific aircraft).
Employee who works directly for employer (i.e., employer
deducts taxes from employee's pay).
An aeronautical business that offers a single or limited
service.
A local municipal or State government body or private entity
obligated to the Federal Government to comply with the assurances
contained in grant agreements or property conveyance. A sponsor may
be an entity that exists only to operate the airport. For the purposes
of this document, the terms "airport sponsor" and "airport owner"
are synonymous.
A written lease agreement entered into by a lessee with another
entity that transfers rights or interests in property or facilities.
A person or entity not based or under lease at Camdenton
Memorial-Lake Regional Airport that conducts an aeronautical activity,
utilizes the airport facility or that has rights to direct access
to the airport from private property contiguous to the airport.
[R.O. 1992 § 260.020; Ord. No.
2020-04 § 1, 7-6-2004]
A.
The following shall be the minimum standards for all airport operations
at the Camdenton Memorial-Lake Regional Airport.
[Ord. No. 2517-14 § 2, 10-21-2014; Ord. No. 2524-15 § 2, 1-6-2015]
1.
General Statement Of Standards.
a.
The City of Camdenton as owner/operator of the Camdenton Memorial-Lake
Regional Airport offers without discrimination a fair and reasonable
opportunity to all operators to qualify or compete for available airport
facilities and the furnishing of select aeronautical services subject,
however, to the minimum standards and requirements as established
by the City of Camdenton.
b.
The City has received and in the future expects to apply for
Federal grants and aid to operate its airport. Under Grant Assurance
22h of these Federal grants: Imposes the obligation on the airport
sponsor to establish and enforce fair, equal and not unjustly discriminatory
airport rules and regulations for the safe and efficient operation
of the airport.
c.
Sponsor reserves the right to modify these standards at its
own discretion, however, the modifications will not impact current
leases or contracts until their renewal date.
d.
In all cases where the words "standards" or "requirements" appear
in this document, it should be understood that they are modified by
the word "minimum." All operators will be encouraged to exceed the
minimums.
e.
Contingent upon operator's qualifications and operator
meeting the minimum standards, the execution of a written agreement
with the City of Camdenton and the payment of prescribed rentals,
fees, charges or permits, the operator shall have the right and privilege
of engaging in and conducting the activity or activities selected
as specified in the written contract. The granting of such right or
privilege, however, shall not be construed in any way as affording
the operator any exclusive right of use of the premises and facilities
of the airport, other than those premises which may be leased exclusively
to operator and then only to the extent provided in the written agreement.
The City of Camdenton reserves and retains the right for the use of
the airport by others who may desire to use the same, pursuant to
applicable Federal, State and local laws, ordinances, codes, minimum
standards or other regulatory measures pertaining to such use. The
City of Camdenton further reserves the right to designate specific
airport areas in which the individual or combination of aeronautical
activities may be conducted. Such designation shall give consideration
to the nature and extent of the operation and lands available for
such purpose, consistent with the safe and orderly operation of the
airport.
f.
Any lease longer than a three-year term will have an inflation
clause or renegotiation of terms. No right or privilege granted herein
shall operate to prevent any person or persons, firm or corporation
operating aircraft on the airport from performing any services on
its own aircraft with its own regular employees (included, but not
limited to, maintenance and repair) that it may choose to perform.
2.
Commercial Aeronautical Activities. The purpose of these standards
is to regulate commercial aviation operations on said airport. A "commercial
operation" is defined as a person, persons, firm or corporation engaging
in an 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 aircraft operations. The purpose of such activity being
to secure earnings, income, compensation or profit whether or not
such objective or objectives are accomplished. Authorized activities
shall be limited to any one (1) or a combination of aeronautical activities
defined or not specifically defined within this Chapter.
a.
Commercial aviation operators subleasing from other commercial
service operators must meet the same requirements as if they were
under agreement to the City.
b.
City reserves the right to implement "percentage of gross" commission
on sales.
c.
Any commercial operator may offer, in a non-discriminatory nature,
volume discounts to customers.
3.
Insurance. The operator shall procure, maintain and pay premiums,
during the term of the agreement, for insurance of the types and in
the minimum limits set forth in the respective categories of aeronautical
services. The insurance company or companies writing the required
policy or policies, shall be licensed to do business in the State
of Missouri.
a.
All insurance for which the operator is required by the City
to carry and keep in force shall include the City of Camdenton and
all officers, agents and employees as additional-named insured. The
operator shall furnish evidence of his/her compliance with this requirement
to the City Administrator or designated representative with proper
certification that such insurance is in force and will furnish additional
certification as evidence of changes in insurance not less than ten
(10) days prior to any such change, if the change results in a reduction,
increase or cancellation. In the event of cancellation of coverages,
thirty (30) days' prior notice of cancellation shall be conveyed
to the City by the underwriter. Current proof of insurance shall be
continually provided to the City throughout the lease term.
b.
The applicable insurance coverages shall be in force during
the period of any construction of the operator's facilities and/or
prior to entry upon the airport for the conducting of business.
c.
Any operator, who by nature of its size has become self-insured,
shall furnish evidence of such self-insurance and shall hold the City
of Camdenton and all City personnel and the officers and agents and
assigns harmless in the event of any claims or litigation arising
out of its operation at the airport.
d.
The City may vary insurance requirements upon a positive recommendation
by City staff along with a determination that a particular aeronautical
activity because of its nature and inability to obtain the required
insurance level will not in any way increase the City's liability.
This variance would not affect current leases or contracts until their
renewal date.
4.
Non-Exclusive Rights. Nothing herein contained shall be construed
to grant or otherwise the granting of exclusive right, except as to
the leased premises to be occupied by the operator, which areas shall
be for the operator's exclusive use.
5.
Airport Development. The City reserves the right to further
develop or improve the landing area of the airport as it sees fit
and without unreasonable interference or hindrance.
6.
Compliance With Laws. The operator shall at all times comply
with these minimum standards; airport rules and regulations, conditions
and restrictions; OSHA occupational safety and EPA environmental compliance
regulations; Federal, State and municipal laws; along with ordinances,
codes and other regulatory measures now in existence or as may be
hereafter adopted, modified or amended applicable to the specific
type of operation contemplated. The operator shall procure and maintain
during the term of the agreement all licenses, permits and other similar
authorizations required for the conduct of business operations.
7.
Indemnity. The operator shall hold the City of Camdenton and
the officers, agents and employees of the City harmless from and against
all suits, claims, demands, actions and/or causes of action of any
kind or nature in any way arising out of or resulting from this tenancy
and activities and shall pay all expenses in defending any claims
against the City by reason of this tenancy and activities.
8.
Right Of Entry. The City or its agents and employees may enter
upon the premises leased to the operator at any reasonable time and
for any purpose necessary, incidental to or connected with the performance
of the operator's obligations under the agreement or in the exercise
of their duly authorized functions.
9.
Termination. Upon the expiration or other termination of any
agreement, the operator's rights to the premises, facilities,
other rights, licenses, services and privileges granted in the agreement
shall cease and the operator shall, upon such expiration or termination,
immediately and peacefully surrender such.
a.
In the event the lessee becomes insolvent or the subject of
any kind or chapter of bankruptcy proceeding or if a receiver, assignee
or other liquidating officer is appointed for the business of lessee,
then the lessor may cancel this lease at the lessor's option
upon giving written notice to the lessee.
[R.O. 1992 § 260.030; Ord. No.
2020-04 § 1, 7-6-2004; Ord. No. 2231-08 § 1, 2-5-2008]
A.
FBOs (Fixed Based Operator), which shall mean a person or entity
engaging in fuel sales and offering at least one (1) aeronautical
service. City reserves the right to require specific aeronautical
services be offered. The FBO shall define its normal business hours
which shall not be less than seven (7) days per week, eight (8) hours
per day. An employee must be on duty at all times FBO is open to provide
services. After hours call out must be provided when closed for regular
business. FBO must provide at least one million dollars ($1,000,000.00)
aggregate in liability insurance coverage. Additionally, operator
must provide adequate insurance coverage for any additional operations
it performs.
B.
Specialized Aviation Service Operation (SASO), which shall mean an
aeronautical business that offers a single or limited service. The
(SASO) is subject to the minimum standards in accordance with the
commercial aeronautical business they wish to conduct.
C.
Fuel Sales. City reserves the right to be the only provider of fuel
sales on the airport. If City allows private concerns to provide fuel
sales to the public, it will only allow an FBO to provide such services.
Minimum storage of fuel will be established. FBO will be responsible
for those facilities, training of employees and the transferring of
fuel to aircraft. A fuel flowage fee between City and FBO will be
negotiated. FBO is required to meet all fire requirements for fueling
operations.
D.
Flight Instruction. There should be one (1) airworthy aircraft owned
or under lease suitable for primary flight instruction plus a qualified
flight instructor available for students. An eighty (80) square feet
heated and air conditioned classroom adjacent to parking and ground
school training material must be provided. Operator must have available
a rest room located under same roof as classroom. Operator must provide
at least five hundred thousand dollars ($500,000.00) in aggregate
liability insurance coverage.
E.
Persons Offering Services. Persons or entities offering services
such as flight instruction, aircraft rental or charter, aircraft sales,
aircraft maintenance or sales shall be required to obtain permission
from the City to provide such services. Such persons or entities shall
provide the City with their qualifications to provide such services
and their plan to provide such (hours, employees, etc.). The City
reserves the right to allow or not allow such persons or entities
to provide such services. Such persons or entities shall provide the
City with proof of no less than one million dollars ($1,000,000.00)
in liability insurance coverage.
F.
Flying Clubs. Club must be non-profit. All members must be equal
partners. No commercial operations allowed for aircraft use. Only
members may pilot aircraft. Club to provide City with current list
of members, officers and members' phone numbers. Club to provide
airport with current copy of liability insurance coverage not less
than three hundred thousand dollars ($300,000.00).
G.
Other Aviation-Related Business Not Elsewhere Classified. Any business
either directly or not directly aviation related will secure a lease
with the City. City reserves the right to determine facility usage,
facility requirements, charges for facility use and availability of
qualified personnel and amount of insurance.
H.
Non-Aviation Business. Whereas the airport is designed for aviation
use, a non-aviation use may be permitted in a location designated
by the City. Tenant will be responsible for any and all improvements
necessary, pre-approved by the City. Tenant shall provide adequate
insurance and submit the current policy to the City. City reserves
the right to implement restrictions with use and charge a yearly fee
to access facilities.
I.
Through-The-Fence Operations. Any private aircraft owner may apply
to the City for a through-the-fence operation. Approval is contingent
upon review of all plans and specifications and the effect operations
will have on the airport. City reserves the right to charge a yearly
fee to access aviation facilities. Copies of commercial operator's
current insurance policy must be provided to the City. No commercial
operations are allowed without proof of insurance and a operating
permit.
J.
Amendment. City reserves the right to change or amend the minimum
standards as needed. Any tenant wishing to change current facilities
must request a current copy of the minimum standards and comply with
such changes as amended. The amendments would not affect current leases
or contracts until their renewal date.
