ORDER NO. 14207 On this the 8th day of December, 1980, at a regularly scheduled meeting of the Commissioners' Court of Kerr County, Texas, by motion made by Commissioner C~lthrie seconded by Commissioner Spealamn and unanimously approved by the Court, it was ordered that the Kerrville-Kerr County Airport Policies and Standards (revised October, 1980) and containing 19 pages, a copy of which Standards is attached and incorporated herein, are hereby adopted as the Policies, Standards, Rules and Regulations governing Airport matters. Each page thereof was initialed by the County Judge for identification. Signed at regular meeting held on this the 8th day of December, 1980. ~ j ~ ~ (' ~ ~ U .. ~., M1 .. l ,' Ju3~i~is R Neunhoffer, County Je Ea;17Garrett, o~}yhn'~ s' er i ommissioner for Lic Commi/ssi e, Jr~, Cy6mmissioner ATTEST: -.'7~ ~, II h~1~~~' rgT1;N[~R E~nmie M. Nluetgker, County Clerk and ~~Officlq Cler"~k-.oaf the Commissioners' CQur'k ~ 7 B~, '' - puty Dora ei eP ~~. . . _ y ''. RESOLUTION On this day, at a regular meeting of the Kerrville-Kerr County Joint Airport Board by motion duly made and seconded, it was unanimously resolved that the attached "Kerrville-Kerr County Airport Policies and Standards" (revised October, 1980) be enacted, and that the Board has recommended the passage of same by the City and County. Each page of such Policies and Standards was initialed by the chairman for identification. Meeting held and Resolution adopted t o` day of 1980. / Z~Zc ~/ ~ ~GG~~ Chairman j KF.RRVILLE-KERR COUNTY AIRPORT POLICIES AND STANDARDS (Revised October, 1980 1. Owner or Lessor. The owners and lessors of the Kerrville-Kerr County Airport (Louis Schreiner Field), will be the City of Kerrville and Kerr County. They will receive advice and recommendations from a Board appointed by the City and County and known as the Kerrville-Kerr County Joint Airport Board or "Board". The City and County may delegate certain authority to the Board herein, and in such event Board action is final. 2. Safety and Purpose. All operations conducted at the airport will be conducted in the safest manner possible and for the maximum benefit of the flying public and the citizens of Kerrville and Kerr County. The Airport will be considered as a key part of the public transportation system of the surrounding area. All commercial operations on the airport will be subject to prior approval of the Kerrville-Kerr County Joint Airport Board. 3. Prohibitions. No operator or lessee will conduct, or allow those under his control to conduct, unsafe or hazardous operations of any kind. Air shows involving acrobatic maneuvers will be subject to F.A.A. approval and supervision. 4. Construction. No construction, erection, or removal of any kind shall be done on airport property without the prior approval of the Joint Airport Board and by the F.A.A. All structures will be of attractive, modern design, ~, 1 I shall be fire resistant, and shall be capable of withstanding winds of 100 mph without damage to structure or contents. 5. Application Requirements. The airport owner will not accept a request to lease, sublease, or operate unless the applicant puts forth in writing a proposal which sets forth the scope of operation, including the following: a. The service it will offer; b. A plat of the land the lessee desires to lease; c. A plat of the building space he will construct or lease; d. The number of aircraft he will use or provide; e. The number of persons he will employ; f. The hours of proposed operation; g. The number and types of insurance coverage he will main tain; h. Evidence of his financial capability to perform and provide services and facilities. 6: Standard Lease Provisions. All leases, subleases, contracts, or franchises for airport property, or for airport operations or use, shall contain the following standard provisions: (1) Discrimination. a. Each party hereto shall furnish services on a fair, equal, and not unjustly discriminatory basis to all users thereof; and b. Each party hereto shall charge fair, reasonable, and not unjustly discriminatory prices for each unit or service; provided that reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers may be made. c. Each party, in exercising any of the rights or privileges herein granted to it shall 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 regulations of the Secretary of Transportation. The lessor is granted hereby the right to take such action, anything to the contrary herein notwithstanding, as the United States may direct to enforce this nondiscrimination covenant. (2) National Emergency. In the event the United States Government requires the use of said premises in the event of a national emergency, or for any defense program, or defense purposes on the part of the government, the party in possession agrees to deliver up possession within ninety (90) days after notice. After use by the United States Government has terminated, if in fact the Government has taken over the airport, the said party is entitled to re-enter the premises covered by this agreement and resume its operation, and such loss of time shall be added to the term of the agreement so that the full term may be enjoyed without being penalized on account of the occupancy of the United States Government. Lessee does not, however, waive any right to compensation for any taking under power of eminent domain. (3) Self-Service. No right or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the airport from performing any services on its own aircraft with its own regular employees (including but not limited to maintenance and repair) that it may choose to perform. (4) No Exclusive Franchise. Nothing herein shall be construed to grant or authorize the granting of an exclusive franchise or right, r~~~~ except the lawful right of a lessee to exclusive possession of leased premises. (5) Development. Lessor reserves the right, in a reasonable and non-discriminatory manner, to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or views of any party and without interference or hindrance. (6) Maintenance of Airport. Lessor shall keep the Airport in an operable condition and shall have the right to direct and control all activities of any party in this regard. (~) Maintenance of Facilities. All hangars, buildings, properties or land on the airport, shall be maintained in a clean, attractive, weed free, well painted, junk free, condition. ., If an operator or lessee has an area where it normally keeps damaged aircraft, aircraft parts, construction fixtures, and jigs, barrels, containers, or other unattractive items, lessee shall enclose such an area with a fence that will hide such area from public view. (8) Structural Hazards. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent the erection of any building or other structure on or adjacent to the airport which would limit the usefulness of the airport or constitute a hazard to aircraft. (9) Subordination to Federal Agreement. This agreement shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States, relative to the operation or maintenance of - 4 - ~ ` ~` 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. Lessee, however, does not waive any right to compensation resulting from a taking under power of eminent domain. (10) Laws and Regulations. Incorporated into this agreement, by reference and as though set forth herein verbatim, are the policies, standards, and regulations adopted or to be adopted by the Kerrville-Kerr County Joint Airport Board, or by any other governmental agency legally responsible for the airport. Such policies, standards and regulations shall be lawful, reasonable and non-discriminatory. Further, all parties hereto agree to comply with any and all laws and regulations, including those of the Federal Aviation Administration, and will not permit the premises covered by this agreement to be used for any unlawful or improper purpose. (11) Insurance. Each Lessee shall at all times have in effect liability insurance for all of Lessees' operations in the amounts of $100,000 per person, $300,000 per accident-bodily injury, and $100,000 per accident-property damage. Such insurance policies shall further name the City of Kerrville, the County of Kerr and the Board, as additional insureds. Certificates of such insurance shall be furnished by Lessee to the Kerrville-Kerr County Joint Airport Board, and a Certificate presently then in effect shall be on file at all times. (12) Use Charges. The standards and regulations enacted by the Joint Airport Board, or other governmental agency responsible for the operation of the airport, now or in the future, may ~~~'~(~ provide for use charges to be paid by those using, occupying, or conducting operations at the airport. Such charges may be based upon square footage, receipts, or other reasonable basis, to be established by such standards and regulations. Lessee agrees to pay such charges as same are due and owing under any such standards or regulations, now or hereafter in effect. Any such use charges shall be lawful, reasonable and non-discriminatory. (13) Consent by Board. This agreement shall contain an appropriate space for approval by the Y.errville-Kerr County Joint Airport Board, Kerr County and the City of Kerrville. This agreement shall never be effective without the consent of all three. (14) Default of Lessee. Lessor may on account of the breach of any provision hereof, including the policies, standards, and regulations incorporated herein by reference, terminate this agreement and eject the party in violation. (Further details concerning .y insolvency, notice, and other matters concerning Lessee's default may be in a particular lease). (15) Indemnity. Lessee, and other users of airport property, agree to save and hold harmless the City of Kerrville, County of Kerr, the Kerrville-Kerr County Joint Airport Board, and their agents, servants, and employees of and from any and all liabilities, expenses, causes of action, damages, and attorney's fees resulting or to result from any businesses, operations, occupancy, or use of the airfield, or resulting from any act or omission of any Lessee's or others' agents, servants, or employees. And this indemnity agreement shall apply and protect such City, County, and Board, and their agents, servants, and employees, even though it be contended, - 6 - .~ I t ~~~~ or even established, that said City, County, or Board, or their agents, servants, or employees were negligent, or that their conduct, or omission, in any way caused, or contributed to, any such liability, expense, damage, cause of action, or attorney's fees. (16) Purpose and Premises. The purpose of the lease and the operations to be conducted by lessee or sublessee, and the indentity of the premises to be occupied, are set forth in this lease. No other operation, operations, business, or occupancy may be had or done without the additional written consent of the Board. A sketch or plat of the premises covered by this agreement shall be attached prior to approval by the Board. (17) Assignment and Sublease. This agreement may not be assigned, in whole or in part, nor may the premises described herein be subleased, in whole or in part, without the prior written consent of the Board. Such consent shall not be unreasonably withheld. 7. Standard Provisions a Part of These Regulations The foregoing provisions, required to be in all leases, subleases contracts, and franchises, are substantive provisions of these regulations, and apply, where applicable, to all users of the airport. 8. Multiple Use Square Footage. F7here these regulations call for a minimum square footage of space, and the applicant is permitted to conduct more than one activity, then such applicant shall have the minimum square footage for that activity which requires the greatest minimum square footage. g. Discretion. For good cause shown, and for reasons not anticipated, - 7 - ~~~ , the Board may waive compliance with any provisions hereof. 10. Maximum Term. From henceforth, no lease, sublease, agreement, permit, license or any other kind of right or grant shall ever be made, given or granted for the rental or other use of Airport land or property or for the exercise of any right or privilege, for any period of time longer than twenty (20) years. Options, or other provisions, whereby the Lessee or user may without the consent of the City, County, and Airport Board, renew or otherwise extend the term, shall be included for the purpose of determining whether a term is in excess of twenty years. Except, however, a longer term may be granted in special circumstances. Some of such special circumstances include: (a) the value o£ permanent improvements which will revert to Lessor, and (b) whether the location does not impede future commercial development. - 8 - i ifC''~l; 13. Minimum Requirements of Certain Uses: (1) AIRCRAFT SALES Any lessee desiring to engage in the sale of new or used aircraft shall lease and/or provide as a minimum the following: I. Land Basic Requirements - The leasehold shall contain square feet of land to provide space for building, storage of aircraft, and display. II. Buildings Basic Requirements Lease or construct square feet of properly lighted and heated space for office and public lounge and public use telephone. III. Personnel Basic Requirements One person having a current commercial pilot license with rating appropriate for the types of aircraft to be demonstrated. IV. Dealerships _, Basic Requirements New aircraft dealerships shall hold an authorized factory or subdealership. All aircraft dealers shall hold a dealership license or permit if required by state. V. Aircraft Basic requirements A dealer of new aircraft shall have available or on call one current model demonstrator. VI. Services Basic Requirements Provide for adequate servicing of aircraft and accessories during warranty periods, (new aircraft). VII. Hours of Operation The normal hours of operation will be at the operator's discretion, but he should be reasonably available to the public. VIII. Insurance Coverage Aircraft Liability Bodily injury $100,000 each person $300,000 each accident ., ', Property damage $100,000 each accident Passenger liability $100,000 each passenger $100,000 each accident Comprehensive Public and Property Damage Bodily Injury $100,000 each person $300,000 each accident Property Damage $100,000 each accident MOTE: The above coverages should include aircraft held for sale and demonstration by the lessee but owned by others. _ 10 _ ~'~~ (2) AIRFRAME AND/OR PGYdER PLANT REPAIR Any lessee desiring to engage in airframe and/or power plant repair service must provide as a minimum the following: I. Land Basic Requirement The leasehold shall contain an area of square feet to provide space for all buildings and - temporary parking of aircraft. II. Buildings Basic Requirement Lease existing facility or construct a building sufficient to provide square feet of shop space meeting local and State Industrial Code requirements, plus adequate office space. Provide public telephone. III. Personnel Basic Requirement One person currently certified by F.A.A. with ratings appropriate for work being performed who may hold an airframe and/or power plant rating. IV. Hours of Operation Basic Requirement The normal operating hours shall be from 8:00 A.M. to 5:00, P.M. five days a week. V. Equipment Basic Requirement Sufficient equipment, supplies, and availability of parts to perform maintenance in accordance with manufacturers recommendations or equivalent. VI. Insurance Coverage Comprehensive Public Liability and Property Damage Bodily Injury $100,000 each person $300,000 each accident Property Damage $100,00 each accident Hangar Keepers Liability each accident. (coverage depends on type and number of aircraft serviced at any one time). - 11 - ~~ ~` (r (3) AIRCRAFT RENTAL Any lessee desiring to engage in the rental of aircraft to the public must provide as a minimum the following: I. Land Basic Requirement The leasehold shall contain square feet of land to provide space for aircraft parking and _ building. II. Buildings Basic Requirement Lease or construct building which will provide square feet of properly heated and lighted office space, including adequate space for the public. Public use telephone. III. Personnel Basic Requirement One person having a current commercial pilot certificate with appropriate ratings. IV. Aircraft Basic Requirement One airworthy aircraft owned or leased in writing to the lessee. V. Hours of Operation Basic Requirement The operating hours will be from 8:00 A.M. to 5:00 P.M., six days a week. VI. Insurance Coverage Aircraft Liability Bodily Injury Property Damage Student and Renter for Owned $100,000 $300,000 $100,000 Pilot Cove or Leased Aircraft each person each accident each accident =_rage Comprehensive Public Liability and Property Damage Bodily Injury $100,000 each person $300,000 each accident Property Damage $100,000 each accident Passenger Liability $100,000 each passenger $300,000 each accident ~' ~, - 12 - ,~~ ~~ ~~ (4) FLIGHT TRAINING Any lessee desiring to engage in pilot flight instruction shall provide as a minimum the following: I. Land Basic Requirement The leasehold shall contain square feet of land to provide space for lessee's buildings, and aircraft tie downs. IZ. Buildings Basic Requirement Lease or construct a building having square feet of properly lighted and heated floor space to provide classroom, briefing room, pilot lounge and office space. Public use telephone. III. Personnel Basic Requirement One person properly certified by F.A.A. as flight instructor to cover the type of training offered. IV. Aircraft Basic Requirement The lessee shall own or have leased to him in ~l writing one properly certified aircraft equipped for flight instruction. V. Hours of Operation Basic Requirements The hours of operation shall be eight hours a day, six days a week. VI. Insurance Coverage for Owned or Leased Aircraft Aircraft Liability Bodily Injury $100,000 each person $300,000 each accident Property damage $100,000 each accident Passenger liability $100,000 each passenger $300,000 each accident (if appropriate) Student and Renter Pilot Coverage Comprehensive Public Liability and Property Damage Bodily injury $300,000 each accident Property damage $100,000 each accident - 13 - ~, ~ r~C (5) AIRCRAFT FUELS AND OIL DISPENSING SERVICE Lessees desiring to dispense aviation fuels and oil and provide other related services, such as tie down and parking, shall provide as a minimum the following services and facilities: I. Land Basic Requirement ti The leasehold shall contain square feet of land to provide for buildings, aircraft parking area equipped with six tie downs and dispensing equipment. II. Buildings Basic Requirement Construct or lease a building providing square feet of properly lighted and heated floor space for office, public lounge, restrooms, and telephone. III. Personnel Basic Requirement One properly trained person shall be on duty during operating hours. „IV. Aircraft Service Equipment Basic Requirement Emergency starting equipment, adequate fire extinguishers V. Services Basic Requirement Fuel, park and tie down aircraft VI. Fueling Facilities Basic Requirement Two metered filter-equipped dispensers, fixed or mobile, for dispensing two grades (80-87 and 100 octane) of gasoline from storage tanks having a minimum capacity of 2,000 gallons each. Mobile dispensing truck(s) shall have a total of 300 gallon capacity for each grade of fuel. Separate dispensing pumps and meters for each grade of fuel is required. VII. Hours of Operation Basic Requirement Fueling service shall be provided from 8:00 A.M. to sundown seven days a week. r ~J"~ VIII. Insurance Coverage Comprehensive Public Liabilty and Property Damage Bodily Injury $100,000 each person $300,000 each accident Property Damage $100,000 each accident Hangar I:eepers Liability $100,000 each accident Products Liability $ each accident IX. Fire extinguishers will be readily available during all refueling or defueling. Personnel will be trained in the use of such equipment as well as in rescue operations. Such persons will attend any training provided by local Fire Marshal or the airport owners. X. Static discharging ground wires will be attached - tc the aircraft, the fuel truck „ or refueling pit, and to zero potential (ground) during all fueling operations. Grounding rods will be conveniently located. XI. Adequate fuel filters and water traps will be installed on all fuel handling equipment and a suitable program for periodically conducting water and sewer contamination checks will be established and followed. XII. Personnel used to dispense aircraft fuels and lubricants will be trained in the proper recognition of aircraft fuel tank markings, kinds and grades of aircraft fuels and lubricants, and safety precautions necessary for fuel handling. Such personnel must either be in uniform while servicing aircraft or wear sufficient distinguishing clothing so that the public may know which person is authorized to dispense petroleum products. - 15 - ~~ t~ ~~ (6) RADIO, INSTRUMENT, OR PROPELLER REPAIR SERVICES Lessees desiring to provide a radio, instrument, or propeller repair service must hold an F.A.A. Repair Station Certificate and ratings for same and provide as a minimum the following: I. II III. IV. V Land Basic Requirement The leasehold shall contain square feet of land for building. Buildings Basic Requirement Construct or lease building providing square feet of properly lighted and heated space to house office, restroom facilities, and minimum shop and hangar space, as required for F.A.A. Repair_ Shop Certification. Telephone. Personnel Basic Requirement One F.A.A. certificated repairman qualified in accordance with the terms of the Repair Station Certificate. Hours of Operation Basic Requirement The hours of operation shall be from 8:00 A.M. to 5:00 P.M., five days a week. Insurance Coverage Hangar Keepers Liability $ Products Liability $ each accident each accident NOTE: Insurance coverage limits appropriate to risk exposure. - 16 - (~."i~ (7) AIR TAXI SERVICE Lessees desiring to engage in air taxi service must hold an F.A.A. Air Taxi Com- mercial Operator Certificate with ratings appropriate to the functions accomplished. I II. III IV V VI Land Basic Requirement The leasehold shall contain square feet of land for buildings. Buildings Basic Requirement Lease or construct a building providing a minimum of square feet of properly heated and lighted space for office and customer lounge. Telephone. Restrooms. Personnel Basic Requirement One F.A.A. certificated commercial pilot who is appropriately rated to conduct air taxi service offered. Aircraft Basic Requirements One four-place aircraft meeting all the require- ments of the Air Taxi Commercial Operator Cert- ificate held. NOTE: Aircraft shall be owned or leased by agreement in writing and meet all the relevant requirements of Part 135 of F.A.A. regulations. Hours of Operation Basic Requirement The hours of operation shall be from 8:00 A.M. to 5:00 P.M., six days a week. Insurance Coverage Aircraft Liability Bodily Injury Property Damage Passenger Liability $100,000 each person $300,000 each accident $100,000 each accident $100,000 each passenger $100,000 each accident Comprehensive Public Liability and Property Damage Bodily Injury $100,000 each person $300,000 each accident Property Damage $100,000 each accident - 17 - ~~~ ~~.1~ (8) MULTIPLE SERVICES Lessees desiring to engage in two or more commercial aeronautical activities must provide as a minimum the following: I. Land Basic Requirement The leasehold for multiple activities shall contain square feet of land to provide space for specific use area requirements established for the service to be offered (specific use spaces need not be additive where combination use can be reasonably and feasibly established). II. Buildings Basic Requirement Lease or construct a building containing _ square feet to provide properly lighted and heated space for office, public lounge, pilot briefing room, and restroom. Repair stations must provide minimum shop and hangar space as required by F.A.A. repair shop certification. III. Personnel Basic Requirement Multiple responsibilities may be assigned to personnel to meet personnel requirements for all activities. IV. Aircraft All requirements for aircraft for the specific activities to be engaged in must be provided; however, multiple uses can be made of all aircraft, except aerial applicator aircraft, to meet these requirements. In order to meet these requirements, however, a minimum of two aircraft must be owned or under the direct control of the lessee and based on the lessee's leasehold. V. Equipment All equipment specifically required for each activity must be provided. VI. Services All services specifically required for each activity must be provided during the hours of operation. VZI. Hours of Operation The lessee will adhere to the operating schedule as required for each activity. VIII. Insurance Coverage The lessee will obtain the highest single coverage in the amounts established for each type of insurance required for the specific activity. r• 1 I ~~N (9) PRIVATE HANGAR FACILITY An owner-operator or Lessee having the use designation „ of "private hangar facility shall be limited to the following, and only the following, uses: maintenance, repair, fueling and storage of wholly owned or wholly leased aircraft and of aircraft wholly owned or wholly leased by any principal of Lessee. Such owner-operator or Lessee shall not provide any service to the public and shall not rent hangar space to other than those designated herein. Such owner-operator or Lessee shall provide the following: I. Insurance Coverage. Aircraft Liability Bodily injury $100,000 each person $300,000 each accident Property damage $100,000 each accident Passenger liability $100,000 each passenger $100,000 each accident Comprehensive Public and Property Damage Budily injury $100,000 each person $300,000 each accident Property Damage $100,000 each accident II. Lessee shall maintain a telephone at such facility. III. The Standard Lease provision 6(1) Discrimination, shall not be applicable. Ffled~'.~ay o£.A. D.1 ~~`~,MMIE H. MUENKER /.'~ ~~ Cl ty n By / ~y - 19 - Ir 1 1 ,~ ,~ ~, Order Ito. 14207 KEP,RVYLLE-KERB COUTQTY AIRPORT POLICIES AI3D STANDARDS APPROVED 12-8-1980 Vol. 0, Page 637