ORDER NO. c40s3
AP'P'ROVAL OF AMENDING THE CODE OF ORDINANCE,
CITY OF KERRVILLE, RIRpORT RULES, REGULATION
AND MINIMUM STANDRRDS
On this the 9th day of June 1997, upon motion made by
Commissioner Lackey, seconded by Commissioner- Baldwin, the
Court unanimously approved by a vote of 4-0-0, of amending
the Code of Ordinance, City of Kerrville, Airport Rules,
Regulation and Minimum Standards.
CITY OF KERRVILLE, TEXAS
ORDINANCE NO. 97-@6
RN ORDINANCE AMENDING THE CODE OF ORDINANCES,
CITY OF KERRVVLLE, TEXAS, BY ADDING TITLE 3 "CITY
OPERATIONS AND SERVICES", CHRPTER V "AIRPORT
RULES, REGULATIONS, AND MINIMUM STANDARDS", AND
AMENDING TITLE 2 "ADMINISTRRTION", CHAPTER XI
"JOINT MUNICIPAL AIRPORT ZONING POARD: RY
REPERLING SECTIONS CONFLICTING WITH SECTION ONE,
HEREIN: CONTAINING A CUMULATIVE CLAUSE;
CONTAINING R SAVINGS RND SEVERRRILITY CLAUSE;
ESTABLISHING AN EFFECTIVE DATE; RND ORDERING
F'UBL I CAT I ON
WHEREAS, the rules, regulations, and minimum standards
governing the operation of the Kerrville-Kerr County Airport
t"Rirport") have not been substantially revised since 1985;
and
WHEREAS, changes in the general aviation industry and the mix
of tenants who currently use the Airport as a base of
operation has changed s~_ich that the current airport rules and
reg~_ilations do not adequately address the needs of the City,
the County, the Rirport tenants, or the flying public; and
WHEREAS, the City of Kerrville-Kerr County Joint Municipal
Rirport Zoning Board has recommended a revision to the Rirport
rules, regulations, and minimum standards;
NOW, THEREFORE, RE I7 ORDAINED RY THE CITY COUNCIL OF THE
CITY OF KERRVILLE, KERB COUNTY, TEXAS:
SECTION ONE. That Title ?,, "City Operations and Services"
of the Code of Ordinances, City of Kerrville, Texas, be
amended to include a new Chapter V, "Rirport Rules,
Regulations, and Minimum Standards" to read in its entirety as
follows:
Chapter V
AIRPORT RULES, REGULATIONS, AND MINIMUM STANDARDS
Art. 3-V. 1. PURPOSE RND DEFINITIONS:
(a) General Purposes The purpose of these rules, regulations,
and minimum standards is to set forth the manner in which
tenants and other users of the Kerrville/Kerr County Rir-por-t
are to conduct themselves and their operations while on
Rirport property as well as to establish certain fees and
other obligations associated with the grant of the privilege
of conducting operations on the Airport property.
(b) Definitions:Except where the context otherwise indicates,
the following words and phrases shall have the following
meanings throughout these regulations:
(1) Airport: The I{err^ville/Kerr County Rirport, also known
as "Louis Schreiner Field"
(2> Airport Board: The Kerrville/Kerr County Joint Rirport
Board
(3) Airport Manager:The employee of the City appointed to the
position of Rirport Manager.
(4) AOA:Rirport Operations Rrea, which is that area within
the fenced area of the Rirport in which movement of aircraft
are lawfully permitted.
(5> Rirport Tenant:A per^son, whether acting in an individual
capacity or as a sole proprietorship, partnership, corporation
or other legal entity, who leases or uses property at the
Rirport solely for the purpose of storing an aircraft and is
not engaged in or- providing any aviation related commercial
activity or service at the Rirport
(6) City:The City of Ker-rville, Texas
(7) County:The County of Kerr, Texas
(B> FAA:The Federal Aviation Administration
(9> FRR:Federal Aviation Regulation
(1@) Fixed Base Operator or "FBO":A Fixed Rase Operator
("FRO") is a person, partnership, corporation, or other legal
entity performing any of the functions or- furnishing any of
the services listed in Article 3-V-9 or as authorized 6y
agreement on a commercial basis.
(11) NTSB:National Transportation Safety Roard
Art.3-V-2. GENERAL REGULATIONS:
(a.> No Operations Without Permit: No person, partnership,
firm, association, corporation, or• entity, incorporated or
otherwise, shall ~_~se the Airport for• any commercial activity,
~_~nless approved by a written permit or agreement from the
City, County, and/or Air•por•t Roard, or- their duly authorized
agents, as required by this Chapter.
(b.> Federal Air Traffic Rules: The Federal Air• Traffic R~_iles
prom~.~lgated by the FAA for• aircraft operated within the United
States, as presently or hereafter effective, are hereby
referred to, adopted and made a part hereof as though f~_illy
set forth and incorporated herein.
tc.> Safeguard of Persons and Property: The Airport Manager
shall at all times have authority to take necessary and legal
actions to safeguard any person, aircraft, equipment, or property
at the Rir•por•t.
(d.) Parking of Temporary Living Quarters: No persons may park
a trailer, motor home, mobile home, or any other temporary
living quarters on Rirport Property except in designated areas
without the written approval of the Airport Manager.
(e.>Through the Fence Operation Prohibited: No person or
entity shall be permitted direct ground access to the Airport
by its aircraft, customers' aircraft, or• private vehicle from
property adjacent to or• in the immediate vicinity of the
Rirport. Furthermore, no private individual, partnership,
company, corporate, body politic, or customers' aircraft or
vehicle shall be permitted direct ground access to property
from the Rirport - a practice commonly known as a "thro~.~gh the
fence operation." Under extenuating circ_imstances, the Airport
Roard may allow certain through the fence operations on a case
by case basis.
(f). Unauthorized Signs and Equipment: No signs,
nonaeronautical equipment, portable buildings, ar trailers may
be erected, move-in, or installed on the Rirport property,
except as may be specifically author^ized in a lease or
approved in writing by the Airport Manager.
(g). Damage to Airport: Any person or entity causing damage
of any kind to the Rirport, whether through violation of any
of these rules, thro~_~gh vandalism, or• any act of negligence,
shall be liable therefor to the City and County and shall
immediately ~_ipon demand pay City and County for the cost of
making repairs to said property.
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(h.> Removal of Disabled Aircraft: The pilot, or^ in the
absence or- disability of the pilot, the owner' of an air'cr'aft
and the respective agents of the owner or pilot of an aircraft
which is involved in an accident or which is otherwise damaged
such that the aircraft becomes disabled within the AOA shall
be responsible for immediately notifying the FRR and/or the
NTSR of the incident giving rise to the aircraft's disability.
Immediately upon receiving clearance from the FAA or the NTSP
to remove the disabled air^c raft, the owner' of the aircraft, at
the owner^'s expense, shall r^emove the air-craft from the AOR to
an ar^ea of the Airpor^t designated by the Airport Manager.
(i.) Repairs to Aircraft: Rircraft maintenance and repairs
at the Airport shall be subject to the following r^egulations:
(1> No per-son shall perform any maintenance or^ r^epair^ of
on the Airport except within a hangar in which maintenance and
repairs is an allowable p~.ir'pose pursuant to an agreement with
the City and County or on such other areas of the Airport
designated for• such purposes by the Airport Manager^.
(2> Rt no time shall a person perform any maintenance or-
repairs of aircraft while on any Airport runway or taxiway or
within any runway safety zone of Rirport.
(3) Major engine, airframe, or avionics repairs performed at
the Airport must be conducted by a properly licensed mechanic
in a hanger- or on another ar^ea of the Air-port author^ized for•
use for• such commercial purposes.
(4)The lessee, owner or operator of an aircraft may per-form
preventive maintenance authorized 6y FAR Part 4., but only
within a hangar leased or^ owned by that air'cr'aft lessee, owner
or operator or^ at places designated by the Airport Manager for^
such purpose.
(j.) Maintenance of Rirport: The City and Co~.inty at all times
retain the right to establish r-ales, r^egulations, and
pr^ocedur-es r^egarding the use of the Airpor^t, and to otherwise
perform those acts the City and County deem necessary to
maintain the Airport in a safe and serviceable condition.
(k.) Establishment and Collection of Fees: City and County
shall at all times have the right to establish and collect
fees and other charges for the use of the Airport for
commer^cial and non-commercial purposes, including, but not
limited to, lease of hangar space, office space, T-hangar
space, aircraft or auto parking areas, fuel towage fees,
tie-down fees, concession fees, and other fees related to the
privilege of operating a business through the use of public
property. To the extent req~.~ired by Federal and state laws and
regulations, such fees and char^ges shall be levied on a
non-discriminatory basis as between similar types of
users however, the mere fact that a
4
fee or charge has some adver^se economic impact on the
person or entity obligated to pay the fee or^ char^g e, or has a
greater impact on one ~_~ser^ as opposed to a similar' type of
user, does not make the fee or charge discr^i minatory.
(1> Runway Safety: The City and County shall at all times have
the right to take any actions necessary, without notice, to
protect the safety and ~_~sability of the Airport and the
appr^oach surfaces of the runway.
(m.> Compliance with Law: All ~_iser^s of the Rirport, incl~_iding,
but not limited to, all FRO's and Rir^por^t Tenants, m~_ist comply
with all applicable federal, state, and local laws, rules,
regulations, and ordinances while conducting operations on or'
otherwise ~_~sing the Rirpor^t. Such compliance is required
whether^ or^ not such ~_ise and/or open^ations are author^ized
pursuant to these regulations or written agreement or^
certificate of oper^ation. In addition to such criminal or
civil penalties as may be assessed pur^s~_iant to these
regulations, the City and County may file such action in
distr^ict cour^t as may be necessary to enjoin the offending
user from violating these regulations.
(n> Conflicts Between Rules and Regulations: In the event
of irreconcilable conflict between and provision of this
Chapter- and any FAR, the latter^ shall prevail. In the event of
an irreconcilable conflict between any provision of this
Chapter and any City ordinance or County or^der^ applicable to
the same s~_~b.ject matter, the more stringent limitation or^
requir^ement shall prevail unless such other^ or°dinance or or^der^
clearly indicates to the contrary or unless such ordinance or
order directly amends or r^e peals a pr^ovision of this Chapter^,
Art.3-V-3. LERSE OF AIRPORT PROPERTY
(a.) Generally: The City and County, acting ,jointly, may
lease property within the building area or^ other portions of
the Rirpor^t for the construction of hangars, buildings,
lean-tos, aprons, taxiways, and auto par^king lots in
accordance with an appr^oved Rirpor^t Master Flan/Rirport Layo~_it
Plan. Rviation related uses must 6e given prior^ity in the use
of all leased or^ privately owned property, buildings, or
structures. if the aviation needs of the Rlrpoi^t ar^e
sufficiently met, the City and Co~_inty may author^i<e nonaviation
use of any portion of the Air^por^t or any building on the
Air•por^t on a case by case basis. Replication of any use shall
be made to the Rirport Poar^d, which shall promptly forward its
r-ecomiaendation to the City and County for^ consideration.
(b. ) Maximum Lease Term: No lease of Rirport pr^oper^ty or^
facilities shall be gr^anted for a ter^m exceeding twenty (c0)
year^s;pr^ovided, however^, the initial term of a lease of
Airport property or^ b~_iilding may exceed twenty (.'_'0) years, but
in no case more than forty (4S~> years; if:
J
(1) the City and the co~_inty a~_~thor-ize the lessee to grant
a deed of tr^ust lien and/or- security interest on the lessee's
leasehold interest in the Airport proper•ty;and
(2) the loan which is secur-ed by the deed of tr•~_ist lien
described in 3(b>(i> is obtained expr-essly for• the purpose of
construr_ting one or^ more hanger^s or- other 6~_iildings on the
Air•por-t which will become the property of City and County at
the end of the lease teem free and clear- of all liens and
enc~_~mbrances.
(c.) Abandonment of Airport Property: Any privately owned
structure or• hangar not in ~_ise for- a per^iad in excess of
ninety (90) days must be removed not later than thir^ty (30)
days after delivery of wr^itten notice to the owner by the City
and Co~_~nty except as otherwise agreed in writing by the City
and County. Failur^e to r-emove the hangar• or other structur-e
fr-om Air-por-t property within the time set forth in the notice
shall be deemed an abandonment of the hangar or- other-
str•ucture, title to which shall be tr^ansfer-red to City and
Co~_inty as their interests may lie. This Section shall not
become effective if the proper^ty is authorized to be ~_ised for
nonaviatian purposes by the City and Co~_inty before the end of
said ninety (90) day per^iod.
(d.) Condition of Airport Rroperty Upon Lease Termination:
Except as agreed in writing 6y City and County, the leased
Air-por-t property fr^om which any building, hangar•, or other
structure is removed after^ termination of the lease Quill, at
the expense of the lessee, be cleared, cleaned, and put back
in its original or acceptable condition. This provision shall
not be applicable to r-amps, taxiways, or- other- like
impr^ovements constructed on Air•por^t proper-ty r^egar•dless of who
paid for the constr~_~ction.
(e.) Sublease and Assignments: Rt no time may Rirpor^t proper^ty
be subleased, or an assignment 6e made of all or any portion
of an Rir•por•t lease agreement or- of a lessee's leasehold
interest without the written consent of City and County,
except as follows:
(1) space on ar• within leased pr-o per-t y, including hangar^s,
T-hangars, or• r^amp space may be r^ented for parking and /or
tie-down of air-craft without the prior written consent of City
or Co~.inty, but only if a lease agreement signed 6y the City
and County otherwise authorizes such services;or•
(2) if the owner of an FRO which is a sole pr^opriet or'ship
dies, a lease agreement may be assigned to a new owner as part
of the estate upon the written consent of the City and Co~_~nty,
which shall not be unreasonably withheld; or
6
(3> if the FRO or Air•por•t Tenant files 2 vol~.~ntary
or involuntary petition in bankruptcy, the FRO or• Rirpor•t
Tenant, or• the trustee in banltr•~aptcy representing the
bankr•~_iptcy estate, may assign the lease to a new owner,
provided such lease agreement is reaffirmed by the bankr~_~ptcy
trustee not later than 90 days after tt~e filing of the
6anl<r~_iptcy petition.
(f.) Granting of Deed of Trust Lien or Security Interest in
Leasehold: The grant of a deed of trust lien or security
interest in a lessee's leasehold interest or• fixtures located
on 'the Airport property leased shall constitute an assignment
of which prior written consent of City and Co~_~nty must 6e
obtained.
(g.) Ruthorized Rssignment Not a Release: Rn authorized
sublease or assignment shall not constitute a release of the
assignor/s~_iblessor ~_inless otherwise agreed in writing by City
and County.
(h.) Consideration for Assignment: The Gity and County shall
have the right to increase or• decrease the fees to be paid by
or services to be provided by a FPO or other Airport tenant as
consideration for the City and County's agreement to grant its
consent to the assignment of a contract, incl~_~ding a lease
agreement, to a third par^ty or- at any such time as authorized
by the contract. This Section 3(h) shall apply even if the
assignee in a proposed assignment is an existing FRO or•
Airport Tenant with an existing lease agreement; or• contr•ac1;
with the City and County.
(i.) Construction of Puilding on the Airport: No hangar or•
structure may be canstr^~_~cted on the Air•por•t without the
written consent of City and Co~_~nty. In no case shall any
b~.iilding be constructed within the building r•estr•iction line
or• in conflict with the approved Airport Layout Plan. All
construction must be of a compatible standard capable of
withstanding winds of 85 mph with doors open or• closed.
Fur•ther•mor•e, all structures must comply with any and all City
building codes, any applicable airport compatible land use or•
zoning ordinances, and appr^oved Airport Layout Flan. At no
time shall the City and Co~_~nty be obligated to approved the
placement and/or• constri_iction of any buildings, parking areas,
or equipment until the City and County, ~_ipon recommendation of
the Airport Roard, has determined that development will
accomplished in an or•der•ly fashion and does not impede the
f~_~ture development or expansion of the Airport as shown an an
FAR or Texas Department of Transportation approved Airport
Layo~_~t Plan or Master^ Flan.
(j.) Lien for Charges: To secure the payment of any charge
made for rent, fees, taxes, repairs, improvements storage, or
care of any personal pr•aper•ty made or• f~_~r•nished by the City
and county or• their agents in connection with the operation
of the Rir•por-t, a landlord's lien and/or• garage man's lien in
favor of City and County shall attactr to the personal pr-oper•ty
of a lessee or• Air•por-t user which shall be enfor•cea6le as
provided by law. To enforce the payment of any such charge,
the Air•por•t Manager 7
is author^ized to peaceably obtain and retain possession of
per^sonal pr^oper^t y against which such lien{s) exist until
all amounts due and owning have been paid in full.
(k.> Late Payment Service Charges: Every lease agr^eement or
contr^act a~_ithor^izing an FRO or other Air^por^t Tenant to sue
Rirpor^t F'r^oper•ty shall pr^ovide for the 'timely payment of ail
rents, fees, and charges required by said agreement and/or
these regulations. S~_ich provision shall also provide for the
payment by eh lessee of a late payment char^ge to be paid to
the City and county in the event payment is not made when d~_ie.
(1.) Utilities: Ever^y FPO and Air^por^t Tenant, at its sole cast
and expense, must arrange for water and wastewater, natural
g<zs, elec:tr^icity, telephone, and any other utilities it uses
on the Airport. R11 lessees of Rirport property and facilities
m~_ist pay all reasonable char^ges inr_ur•r^ed for- ~_itilities in a
timely manner througho~_it the ter^m of the lease.
(m.) Taxes: Every FRO, Rirpor^t Tenant, or^ other' Rir-por^t ~_iser^
shall pay when due all real and personal pr^oper^ty taxes
arising from the lease or• ~_ise of Rirport pr^oper^ty or the
location of per^sonal pr^oper^t y, incl~.iding inventor^y, on the
Rirport.
(n.) Payment of Bills: Every FRO or^ other Rir'por't Tenant must
pay when due all bills and other' debts arising from the
b~_isiness oper•atior~s authorized by the lease or certificate to
operate iss~_ied 6y Rir^por•t Roar^d. Rt no time and ~_inder^ no
cir^r_~_~mstances wilt 'the City or• Co~_~nty be responsible for' the
payment of any taxes or bills owed by an FRO, an Rir'port
Tenant, or^ any other per^s on or^ entity author^ized to use the
Rir'port.
Rrt.3-V-4. RGRICULTURAL SPRRYING OPERATIONS
(a.) Chemical Storage Regulations:: In addition 'to such other'
pr^ocedures as may be set forth by the Air°por^t Manager^, the
storage of chemicals and other hazar'dons m<zterials related to
agr^ic~.~iti_ir^al spr'aging oper-atior~s cond~_~cted on or^ fr^am the
Rirport will be conducted only in areas designated by the
Rirport Manager and in accordance with the following
pr^ocedur•es
(1) Chemicals used in agr-icul.tural spraying operations
m~_ist be dispensed, maintained, and st or^ed only in areas
designated by the Rir^por^t Manager^.
(2) A1.1 chemicals classified as hazardous materials must be
4tept in a covered area so that exposer^e to pr^ecipitation does
not allow r-~_~noff of such chemicals into natural or manmade
star^m e~ater^ drainage systems at the Rirpor^t.
8
.~
(3) The gr•oi_ind within the chemical dispensing area mi.rst
at all times be kept clean of hazardous materials.
(4) R11 empty chemical containers m~_rst be stored and
promptly disposed of away from the Airport in accordance with
the label directions.
(5) Washing of ayric~_rltiaral spraying aircraft and fl~.tshing of
aircraft spray tanks and hoppers must be performed only in an
area designated by the Airport manger in accordance with eh
applicable r~_rles and reg~_rlations of the U. S. Environmental
Protection Agency and the Texas Natural Reso~_rrce Conservation
Commission.
(6) The operator of an agricultural spraying operation
must maintain in its office vn the Rirport a copy of all
ci.u•r-ent Material Safety Data Sheets for all hazardo~_is
materials delivered to the operator and stored on the Rirport.
(7) Prior• to commencement of an agric~_rlt~_rr•al spraying
b~_~siness located on the Airport, the owner of said business
must provide to the City and County a certificate of insi_rrance
evidencing the owner has purchased environmental liability
insurance in the amo~_rnt of not less than 'b30~,~00.~a dollars
per accur•r•ence, which ins~_rr•ance provides for the remediation
of any soil, water, and air contamination r•es~_rlting from the
spill of improper release of any hazardous material on
Air•por•t pr•oper•ty ca~_ised by 'the intentional or- negligent act yr
omission of the owners, officers, employees, contr•actor•s,
s~_rbcontr•actors, or• agents of the b~_rsiness. Said insi_trance
policy shall name the City and the County as additional
ins~_i reds and shall indemnify the City and County fr^om the
casts incurred by City and/or County in conducting any
remediation req~_rired by State or Federal law.
(6> Rgricultural Spraying Aircraft Operations: In addition
to compliance with the takeoff and landing r•eg~.tlations set
forth in Section 8, below, the pilot of an air•cr•aft engaged
agric~_~ltural spraying operations must comply with the
following:
(1) At no time shall aircraft used in agricultural spraying
or d~_rsting operations take off with a load exceeding the
maximum gross hopper weight stamped on the air•cr•aft's hopper
by the aircraft man~_rfact~_rrer or listed in the aircraft's
~~pecificat ion s.
(2) Rt no time shall an aircraft take off or land on the dirt
or grass between the runway lights and the Airport property
line fence(:>).
(3) At na time shall an aircraft take off or• land down wind.
9
Art, 3-V-5. AIRCRAFT OPERATIONS
(a.) Licensed Pilots: It shall 6e ~_~nlawf~_tl to pilot an
aircraft upon the Rirport without a valid and cur•r•ent airman
and medical certificate issued by the FAR. It shall be a
defense to this section if the person:
(1> is a st~_tdent pilot a~_tthor•i~ed to pilot an air•cr•aft
purs~_iant to FRA regulations under the s+.tpervi.sion of a
properly licensed flight instr•i_tctor and the student pilot was
operating in accordance with Section 8(1), below; or
(2> the pilot is piloting an aircraft owned or• leased by
any federal, state or local government entity;or
(3) the aircraft is licensed by a foreign government with
whict'i the United States has a r•ecipr'ocal agr-~eement covering
the operation of such licensed aircraft.
(b) Rircraft Registration: Each person owning or leasing an
aircraft which is based at the Rirport mast deliver in writing
to the office of the Rirport Manager the following
information:
(1) the name, address, and te)ephone number of the owner of
the aircraft;
(2) the name, address, and telephone number of the lessee
of the aircraft; if applicable;
(3) 'the make and model if the air•cr•aft;
(4) the aircraft registration "N" n~_rmber;
(5) the name, address, and telephone number- of the person
to be notified in case of an accident or emergency involving
the air•cr•aft.
(c.) Foreign Object; No person shall leave upon the floor of
any b~_tilding or' upon any part of the s~_trface area of the
Rir-por-t where air•cr•aft ar•e per-mitted to be in active operation
any object which may ca~_tse damage to an air•cr•aft that might
come within the vicinity of the object, inc1~_rding, b~_tt not
limited to, bottles, cans, paper, n~_tts, bolts, nai).s, rocks,
or concrete.
Art. 3-V-E. GROUND OPERATIONS
(a.> Motor Vehicle Traffic: Except as authorised by the
Rirport Manager, no person shah. operate any motor vehicle or
motor driven eq~_tipment on Rirport property except as follows:
10
(1) No vehicle may be oper^ated except on a street,
road, easement, parking area or other lane designated for that
p~_rrpose;
(2) No vehicle may be oper^ated at a speed in excess of thirty
(30) miles per ho~_rr^ or such other speed as posted by the City;
(3) No motor vehicle other^ than City or County-owned vehicles
or vehicles a~_rthorized by the Rirport Manager may 6e driven on
or across a r~_~nway or taxiway. Such official vehicles m~_rst
have a gro~_ind to air radio transceiver t~_rned to the local
UNICOM frequency or~ Common Traffic Advisory Frequency (GYRE)
and a flashing beacon light mounted on the r^oof of the car or
a checkered or^ange and white flag ino~_rnted on the front b~_imper'
of the vehicle;
(4) Special. ~_{se vehicles s~_rch as an ambulance, hearse, or-
delivery van may be driven on the apron solely for the p~_rrpose
of loading or unloading cargo or^ people from aircraft;
(5> An aircraft oovner who r^ents, leases, or owns his/her
private hangar may park his/her^ a~.rtomobile in the hangar- while
on a trip in his/her aircraft.
(b.> Parking of Aircraft: Parking of aircraft on the Airport
ramp shall be in accordance with the following regu).ations:
(1) All aircraft
wheels chocked at
(2) All air-craft
times r^esponsi6le
aircraft and derma
down an aircraft;
not hangar~ed m~_rst be tied down and the
night and/or dur-ing inclement weather-;
owner^s, lessees and their agents ar•e at all
for the tie down or^ security of their
ges resi_rlting from the the 'Fai.l~_rre to tie
(3) No aircraft shall 6e parked within fifty (50) feet of
a fuel p~_rmp or f~_rel tr~_ick parking area except when otherwise
permitted d~_~ring active fueling or def~_reling operations;
(4) No aircraft shall be parked in s~_rch a manner as to hinder
the normal movement of other aircraft and traffic unless
specifically authorized by the Air^por•t Manager- as an emergency
measure;
(5) No pilot shall leave a par^ked aircraft unattended without
f ir-~st setting the brakes, if any, and, if parked on the
Air'por't ramp, pr^operly choclting and/or~ tying down the
aircraft.
(c.) Engine Startup: No aircraft engine shall be started or
roan ~_rp inside any building or hangar or while the aircraft is
parked in such a position that the propeller- stream or•.jet
blast fails to clear any b~_rilding, other aircraft, or people.
No aircraft may be
11
loaded or unloaded with passengers, cargo, or fuel while the
engine is r~_~nning except as permitted in Section 7(a)(;'),
below.
Art. 3-V-7 FUELING OF AIRCRRFT;FIRE SAFETV
(a) Fueling Operations: F~_reling and def~_ieli.ng of aircraft on
the Air•por•t shall be conducted in accordance with the
following regulations:
(1) No person who has not been properly trained and
certified in accordance with applicable F.R.R. regulations
regarding the f~_reling of aircraft shall introduce f~_rel into an
aircraft not awned or leased by that person;
(2) No per-son shall fuel or• def~ael an aircraft while the
engine is running or• being warmed by the application of
ext er-nal heat;prnv ided, however, an aircraft engaged in
agr-ic~_rlt~_rral spraying operations on a fast t~.u•nar-o~_~nd may be
f~_reled and loaded with chemicals with 'the air•cr•aft engine
idling, bttt only if:
(i) the Airport Manager has provided prior written
authority to the aircraft oper'ator';
(ii) the pilot remains at 'the controls;
(iii) the aircraft's wheels are chocked;
(iv) there ar•e at least two f~_i17.y charged and properly
rated .'_'0 lb. fire extinguishers within fifty (50) feet of the
aircraft being serviced;
(v) a qualified gr-o~_rnd crew member is present at all times
during the f~_reling operation;
(3) No person shall smoke or• carry lighted cigars,
cigarettes, pipes, matches, or any open flame within fifty
(50> feet of an aircraft being f~_~eled or defi_ieled, f~_~el truclt,
fuel tank, f~_~el pump or site of a flammable liq~_rid spill.,
~_rnless such person is in a bi_iilding or other enclosed area
which is specifically posted by the Gair•par•t Manager as a
designated r>mol<ing area;
(4) No person shall fuel or defuel an aircraft while the
aircraft is located in a hangar- or other enclosed place or
within fifty (50) Feet of any hangar, building, or• other
aircraft;
(5) No person sha7.7. park a f~_rel tr~_rck within any building
ar• hangar or within fifty (50> feet of any building, hangar or
par•I<ed airr_r•aft;
lb> No person shall park a fuel tr~_rck within ten (10)
feet of another fuel truck;
1:
(7) No person shall per-For•m or• allow performance of
fueling or defueling operations during an electrical storm;
(8> Prior to malting any f~_ieling connection to an aircraft,
all fueling equipment, including, but not limited to hoses,
funnels, fuel p~_rmp, hydrant service, and fuel tr~_rck, must be
egi_iipped with a positive gro~_tnding device in good wor'kirig
order approved by 'the City of Kerrville Fire Marshal;
(9) No aircraft shall be fueled or defueled until the aircraft
and the fuel dispensing apparatus has been grounded as
req~_~ired by applicahle FAR's or National Fire Protection
Rssociation standards in order to prevent ignition of
flammable 1iq~_iids resulting from static electricity.
(10) R11 req~_rired gro~_mding connections m~_rst be made prior
to commencement of fueling or def~_reling and maintained until
the f~.aeling or- def~aeling operations is complete and the f~_rel
connections removed.
(11> When f~_reling overwing, the fueling nozzle m~_~st be
gro~_mded with a nozzle gro~_rnd cable having a c).i.p or a male
pl~_ry to (a) a metallic component of the aircraft that is
metallically connected to the aircraft fuel tank filler- port
or (b) a female receptacle designed to accommodate the male
plug. If there is no pl~_rg receptacle or- means for attaching a
clip, the operator ~n~ast touch the filler cap with the nozzle
spout before removing the cap so as to eq~_raliae the static
electrical potential between the nozzle and the filler part.
The nozzle spo~_rt shall be kept in contract uvith tFre filler
necl< until the f~_ieling is completed.
(12) Each aircraft f~_re). service tr~.rck cond~_rcting fueling or
defueling operations on the Rirport must have a minimum of two
20 lb. capacity 'Fire extingttisher•s containing C~~2 dry
chemicals, or other approved exting~.rishir~g agents located at
the rear of and on each side of s~_ich truck.
(13) D~_iring f~_reling handling operations in conjunction with
aircraft, at ].east two '20 lb. capacity fire exting~_~ishing
agents m~_rst be within ready reach of the f~_rel tender operator-,
(14) Each aircraft fuel service tr~_rck operating on the
Airport must have installed an operational "Emergency Cut-Off"
valve which is clearly identified and painted red.
(15) All aviation fuel noz-~les through which fuel is
dispensed at the Airport must be equipped with "dead man"
controls which wilt sh~_~t off the f~_~el flow when the nozzle
hand control is releasecl. Nozzles with mechanical hold open
devices will not be permitted for f~_reliny aircraft on the
Airport.
1 J
(16) When a funnel is used in aircraft fueling, is shall
be kept in contact with the filler neck as well as the fuel.
spout or- the fuel supply container to avoid the possibility of
a spar•{< at the fill opening. Only metal funnels shall. be used
for fueling.
(17) Grounding and fuel connections must be disconnected in
the r-ever-se or•der• of connection after- fueling or• defueling is
completed.
(18) Except as permitted by Section 7(a)t,'_'>, above, no
aircraft shall be fueled or- defueled while passengers are on
hoard the aircraft unless the aircraft dear is in the open
position or- except as atherovise required or per-mi.tted by the
pilot's operating handbook.
(b) Fuel Storage: The storage of fuel on the Air-poet shall be
in accordance with the following r•egt~lations:
(1) Aircraft fuel storage tanks for below-ground or-
above-ground use most be constructed, installed operated,
maintained, registered, and monitored for leakage, in
accordance with appl. i.cable Federal and State statutes, rules
and regulations pr•oinulgated by the United States Environmental
F'r•otectior~ Rgency and the Texas National Resource Conservation
Commission as well applicable City ordinances as inay from time
to time be adopted.
(2) At no time may aviation or• auto fuels be stored within a
hangar or• bui.lding at the Rir•por•t.
(3) All aviation fuel storage tanks, aviation fuel pumps,
hydrant fuel services, aircraft fuel service vehicles, whether-
publicly or• privately owned, must have 'the type of aviation
fuel dispensed printed in 1.ar•ge block letters, including
octane if aviation gasoline, the fuel I.D. number, and "NO
SMOKING" signs printed with six (f) inch block letters on all
sides so the information is visible fr•oin any direction on the
ground.
(c.) Right to Conduct Fueling OperationsgCompliance of
Privately-Owned Fuel Facilities: Individuals or business
wishing to supply or- dispense aviation fuel. for• use i.n their
pr•.ivately owned or• leased air•cr•ca~Ft shall not be
rJeniedghowever•, ar~y person ar• entity dispensing fuel to any
aircraft or fuel storage facility located on the Airport must
comply with these rules and r•eyulations. Private fueling
facilities located on leased or private pr•oper•ty on the
Air'~port most be installed and the fuel dispensed in accordance
with all rules pertaining to air•cr•a'Ft fueling and fire safety
contained herein.
(d) Sale of Automobile Gasoline: public sale of automobile
gas for• use in air•cr•aft is prohibited on the Airport. Rir•cr•aft
authorized by the FAA to use auto gas may be
14
pr^ivately F~_~eled by 'the owner^ in a location designated by
the Air^port Manger- in Accordance with all r°ules pertaining to
aircraft fueling and fire =_afety contained herein.
(e) Miscellaneous Fire Safety Regulation: In addition to the
other- T°eg~_~lation=_ set for^th in this Section 7, all persons
oper°ating or• o+.her'wise on Rir port pr^vper°ty must comply with
the following:
(1) No comer^essed flammable gas may be kept or° stored upon
the Rir'port except in s~_tch locations and in s~_tch manner-
ciesignated by the Rir'port Manager^;
(2> Nv flammable s~_~bstance may be used to clean any air'cr'aft
par-~t vr^ other' thing inside a hangar^, T-hangar°, or^ other'
b~_iilding loc:at,ed an the Rir^por^t except in a parts washer'
approved by the City's Fir^e Mar'shall;
(3) Hangar entrance=_ sh~t11 he 1<ept clear at all times so
that free ingr^ess and egress may be made by people;
(4) All building floor' ini_tst be kept clean and free of oil.
No person may use volatile or flammable s~_tbstances to clean
building Floor^s on the Rir°por^t;
(5) No boxes, cr°ates, cans, battles, paper^, tall grass,
weeds,~_m~_tsa6le airplane parts, or wreckage, scrap wood or
metal, discar^ded airplane oT• a~_~tomobile tir^es not being stared
'FO1' T'BllSe, tr°a=_h, or other' litter shall be permitted to
acc~_un~_tlate in or abo~_tt a hangar, building, or other leased
space. If s~_~ch trash and litter is permitted to acc~_tm~_tlate
ar^o~_tnd a pr^iva'tely awned, rented or leased hangar building,
the Rir°por°t Manager- shall notify the hangar^/b~_tilding owner-,
renter, or• lessee by register^ed letter to r°emove the offending
litter°. If within ten (10) wor°k days after' receipt of the
letter the hangar/b~.iildiny owner, renter, or lessee has not
removed the trash and litter' as dir°ected, the Rirpor^t Manager
may have the area r_leaned and the cost for' s~_tch cleaning r>hall
be charged to the hangar/b~_ti.lding owner°, r'enter, or° lessee.
(6) No person shall sinolte or^ ignite a match or lighter' in
any b~_iilding or hangar- except in areas posted by the Air'par-t
Manager' with sign stating "Designated Smoking Area".
(f) NFFA Standards: Er,cept tv the extent of irreconcilable
conflict with these r-eg~_tlations and with applicable FRR's, all
matter's related to the f~_ieling of ai.r'cr'aft at the Rir°port will
be in accordance with Man~_tal 407 "Ai.r°cr'~aft Fi_iel Servicir~y,
1996", as amended, p~_tblisheci by the National Fire F'r^otection
Rssociatian, i Ratter^ymar^ch F'ar°k, F'. 0. Pox 9107., G?uincy MA
0~~69-9101.
]. 5
Art.3-V-8. TAXING, TAKEOFF, RND LRNDING RULES
(a.) Taxing: hJo person shall taxi an aircraft ~.tntil
reasonably ascertaining there will be no danger of collision
with any person or• ob.ject in the immediate area of the
aircraft.
(b) Primary Runway: R~_rnway i.'~/3m shall be the primary
r•~_tn way with approach ]. for• al). air^cr-aft takeoff and landing
operations. IF the winds are calm or at a ninety (9G) degree
or greater- crosswind to approach 1', a pilot, at his own
discretion, may takeoff and land on R~_tnway ?,~, k2 or• 20.
(c) Takeoff and Landing Rltitudes: No aircraft shall land
or take off i.n such manner as to clear any public street or-
highway at an altitude of less than twenty ('~>r) feet, nor• land
or• take off on any taxiway or• over hangers or' other
str~.rctures, ai_ttomobile parking areas, or any person.
(d> Authority to Suspend Operations: The Air•por•t Manayer may
s~_tspend or restrict any or all. operations whenever s~_rch action
is deemed necessary in the interest or• saFety. Operations
during meteorological conditions requiring use of instrument
flight r~_tles may 6e contin~.aecl by instr•~_tment-rated pilots.
(e) Damage to Runway Lights: Rny person damaging any r•~_rnway
or• taxiway light or fi>:t~are by aper•atiori of an aircraft, or
otherwise, m~_rs~t immediately report s~.rch damage to the Airport
Mariager•. F'er•sons ca~_tsir~g damage to runway and taxiway lights
as a r•es~_tlt of negligent operation of an aircraft or willf~_tl
acts will be liable for• replacement cast of the light(s)
and/or• fixt~_tr•e(s>.
(f) Unintentional Transmission Of Emergency Locator
Transmitter (ELT) Signal: R11 pilots per•for•ming takeoff
and,~or• landing operations at the Air•por•t m~_rst immediately
a Fter saccessF..tlly tatting oFf and after s~_iccessfi_t11y landing,
h~.rt prior to engine sh~.rt down, verify that the Emergency
Lor_ator• Transmitter (EL_T) installed on the aircraft is not
transmitting by t~.rning the aircraft's radios to the emergency
fr•eq~.rency (1'l.~ or• c'~t.S~>. If the ELT is impr-oper•ly
transmitting after a takeoff or• landing, the pilot ni~_tst
immediately =_top the improper transmission and advise the FAA
A~_ttomated Flight Service Station at telephone number
1-f3@O-WX-I3RIEF of the incident, inc1~_tding the appr•oxiinate time
and coordinates, i.f known, that the ELT accidental).y began
tr•ansmittiny and the time and coordinates when the ELT
tr•ansmi.ssion was terminated 6y the pilot.
(g) Failure to Terminate ELT TransmissiongEntry of Unattended
Rircraft: The Rirport Manayer, accompanied by a certified
peace officer- who has j~.n-isdiction in the City of Kerrville
a Civil Air- F'atr•o1 Officer, or• an FAR representative, shall
have a~_rthor•ity to take the necessary action to turn off the
ELT of ar-~ ~_mdamaged aircraft located on the Rirport, incl~_tding
entry into the aircraft, wttethe'r or not the aircraft is
16
locked, provided, however, no entry of the aircr-aft shall
be made by the Airport Manager or other Rirport staff ~.intil.
(1) the Airport Manager or- other Airport staff has made a
rea=_•onable attempt to contract by telephone or otherwise
located the pilot and/or owner of the aircraft to req~_~est that
a person a~.rthor•ized to enter the aircraft immediately ret~-rrn
to tl~ie ai'r•craft to t~-ern off the EI_T and (2) the Airport
Manager has been ~-~r~able to locate the pilot and/or' owner of
the aircraft or has determined the pilot is unable to return
to the Airport within a reasonable time after the request and
(~) the Airport Manager has determined that the action will
not res~.rlt in damage to the air-~craft. The aircraft oevrrer shall.
be liable to the City and/or County for all charyes inc~.rrred
by the City andlor Co~.mty for t~.rrniny off the ELT and shall
reimb~_irse City and/or Co~_mty for s~_rch costs ~-rpon demand.
(h) Takeoffs from Rpron or Taxiways: Takeoffs or landings
shall not be made on any apron, parking ramp, gras=_ area,
taxiway or' terminal area by 'Fixed-wing or ~_rltra light air-r-raft
witha~st the written consent of the Airport Manager.
(i) Touch and Go Landings: Touch anti go landing may 6e made at
the di.scr^etion of the pilot. A pilot remaining in the patter-~n
with the intent of making <~ to~_rch anti yo 1anrling m~-rst
broadcast on the UNIC~M or- the Common Traffic Advisory
Frequency (CTAF> the pilot's intent to perform a touch and ge
after t~.rrni.ny final and the pilot's intended pattern turns.
(j) Clearing for Takeoff and Landing: All aircraft shall clear
for landing anti tc~ileo'Ff traffic before taxiing into takeoff
position. position reports sho~.~ld be made over° UpdICOM on radio
eq~_iipped aircr-a~Ft in actor^dtance with AIM (Airman~s In~For-mat ion
Man~_ial) .
(k.> Traffic pattern Rltitude: Traffic pattern elevatior~ at
the Airport is i,~00 feet above grog-rnd level (AGL_) for
airr_ra Ft (approximately ~'_, 605 feet above mean sea level (MSL)
elevati.on).
(1.> Student Training and Practice Flying: In addition to
n~ther• applicable federal and state laws and reg~.ilations, the
i.nstr~_~ction o'F st~.tdent pilot=_ and cond~_ict of practice flights
at the Airport shall be ire accordance with the following:
(1) Prior to commencement of any instruction at the Airport
all flight instr~_ictor-s m~_rst become familiar with all r~.~les~ and
r•eg~.ilatior~s in effect at the Airport;
17
(3) R11 instructor pilots and st~_~dent pilots shall cond~_ict
flight i.nstr~_tction only within areas of the Rirport designated
by the Rirport Manager o'r' other local areas approved by the
r-Ra for practice flying and tr•aini.ng of st~_rdents, which areas
will be designated by the posting of a notice in the office of
the Rirport,
(4) No aircraft shall be per-mitt ed to remain on the landing or-
takeoff areas of the Airport for- the p~.trpose of instruction.
(m) Special Flight Procedures: The Rirport Manager may from
time +.a time in the interest: of safety issr_re establish
temporary special. traffic proced~_rr•es for certain operations,
including, b~_rt not liiaited to, the performance of air shows,
take off and landing of he].icapters, agrici_rltura7. operation=_,
towing of glider's, cant:] talte off and landing of ~_rltra lights.
Any permanent change from standard proced~_ires must be approved
6y the Rir•por•t Roar•d pi•iar• to the p~_r6lications, and, if
appropriate the City Car_rncil of the City of Kerrville and the
Commissioner's Co~_rrt of Kerr Co~_inty prior to p~_rblication in
the FRB's Rirport: Facility Directory. The Rirport Manager'
shall issr_ie a NOTRM as r'eq~_rired by c~zppl icable FRB's if s~_rch
change is to be temparar-y.
(n.> Flight Standards Waivers: hJo req~_~est far- waivers From
FRR flight =_tandrards shall be made by any air show sponsor- or•
operator wi.thor_rt the prior review and appr-~eval of the Rirport
Manager.
(o) Parachuting Prohibited: No person may parachute onto
the Airport without t:he pr^ior written approval of the Rirport
hlanayer•.
(p) Ultra Light Operation: Ultra light air•cr•aft shall be
operated ir'~ accordance with FRR Fart 1~.
(q) Flying of Model Rirplanes and Kites: No engine powered
model airplane, cable or- radio controlled a.ir•plane, model
glider, or kite may take off or- be la~_mched from, flown over,
flown in or• other-wise operate within the Rirport or within the
r~_rnway protection zones of any Rirport r~_rnway witho~_rt the
prior written authorization of the Rirport Manager.
Rrt.3-V-9. FRO Minimum Standards
(a> Certificate and/or Lease Required to Operate as FBO: No
person, whether- in an individ~_ral. capacity or as a sole
pr-opr•ietor•ship, par•tr~er•ship, corporation, or• other- legal
entity, whether- or~ riot the person er• entity i.s an Rirport
Tenant, may act- in thv_ capacity of an FBO at the Rirport
wi.tho~_tt first receiving a ].ease agreement and; or' a certificate
to operate as an FE10 from the Rirport Board. No FRO may
provide services or cond~_rct any activitie=_ at the Rirport
except as set forth in the lease ar certificate a~_rthorizing
si_rch service or• acti.vity or• as per-~mitted by these reg~_tlations.
10
At no time may can FPO ~_rse Rir•por•t pr•ope'r-ty or• facilities
leased far- the p~_~r~pose of oper•ati.rig an FPO for• any other'
purpose.
(b> Permitted Services and Minimum Requirement: An FPO i.s
a~_rthor•izeci to offer or• per•for•m any or• all of the following
services or• f~_~nctions to or for the p~_iblic a+, the Airport
provided the FPO complies with the following g~_iidelines and
minimum requirement=_ far each service or f~-motion:
(1> Rirframe and power plant repair services may be
condr.tcted provided the FRO:
(i) has available hangar space of not less than lO,V700
sq~_tare feet in which to perform s~_ich services;
(ii) has employed at least one FAA certified mechanic on
d~_ity during all 6u=.>iness hor_rrs;
{iii) paved o~..t'tside pearlting area for aircraft locai;ed
adjacent to and contiguo~_is with the hangar(s) where the
services ar•e per•for-med;
(iv) paved access to tFre r~_rnway-t axi.way system.
(2) Fueling services may be cond~_rcted provided the FPO:
(i) has available f~_~e). stor-gage tanks for- both Avgas and
Jet fr_re7. that comply with Section 7{b>, above;
(ii) is at-i1e 'to provide fuel delivery by means of properly
equipped and maintained p~_rmps andlar- tr~_rck=_ which comply with
al.l applicalale reg~_rlations;
(iii) employs at ].east one person who is properly trained and
q~_ralifi.ed to serve as an aircraft fueling technical;
(iv) maintains a plan of action satisfactory to the Airport
Manager in the Event of a f~_rel spill, a copy of which is at
all times available for inspection;and
(v) maintains not less than the mini.m~_wi number of working fire
extingr_ri.shers and grounding cables required by this Chapter-.
(3) Line Service may be cond~_~cted provided the FPO:
(i) employs per•sorinel pr-oper-ly trained to perform s~_~ch
services;and
19
(ii) maintains on hand an adeq~_ia+,e n~-ember of ropes,
chains, and/or' other restraining devices and wheel choc4:s for
each tie down position.
(4> Aircraft sales and/or rental may be condo-rcted provided
the FPO:
(i) has access by ownership or lease of not less that 5,000
sq~_iare feet of hangar- space, inch-rding office space;
(ii} has available space for an aircraft display area;
(iii> maintains a telephone; and
(iv> has avai.labl.e and maintains an aircraft inventory.
(5> Flight instruction may be made available provided the FRO:
(i) employs not less tt'rari one trained and certified
instr~-ictor;
(ii) has at least one classroom and adeq~-gate restroom
facili.ti.es;
(iii) maintains a telephone and
(iv) has available at lea=_t one ai.r~craft to be ~-ised for-
instruction.
(6) Avionics installation, maintenance, and repair services
may be condo-acted provided the FRO:
(i) maintains at least one shop area of not less than 1,00
sq~_rare feet i.nc].~_~sive of office space eq~-lipped with a
telephone and restrooms;and
(ii) employs at ].cast one person who is trained and certified
to perform avionics maintenance who i.s on d~-rty d~-gyring norn;al
business ho~_~rs.
(7) Rircraft storage services may be conducted provided the
FBO owns or leases enclosed hangars or T--hangars with adequate
tie down spaces.
(8) Rir taxi and charter services may be condo-rctecl provided
the FPO;
(i) maintai.ns a current FRR part 135 certification;
(ii) owns or lea=_es at ].east one aircraft available to
provide s~-rch services;
~~
(iii) has acr_ess by lease or ownership s~_tfficient
hangar-, T-hangar-, or° tie down space, to operate the
service and
(iv) maintains an office with telephone and restrooms;
has access to an adeq~-rate aircraft leading and ~-m].oadi.ng area.
(9) Agricultural spraying operation inay be cond.-tcted provide
the FPO:
(i> employs at ].east one q~-talified pilot;
(ii) own=_ or leases aircraft designated and certified for s~_tch
pllrpG SB j
(iii) employs q~-ta).ified and properly licensed per°sonnel or.
duty to hand all hazardo~_t=_ materials and dangerous chemicals;
(iv) has access by lease or ownership of covered and secs-trod
area to stare all chemicals and hazardo~-ts mater-ials;and
(v) maintains a pr'oper'ly designated and constructed wash down
pad which comp]. i.es with all app] icab).e federal, st ~t e, e+nd
local laws r°ey~_tlatinns sand or°ciincances.
(10) Dther services as agreed upon by contract between the
FPO and the City and Co~.mty may be provided, s~-tch as providing
telephones for p~_tblic ~..tse, ground transporteation into town,
pilot and passenger- loi-cages with restr°ooms, retail business
area with restrnoiris, and co'Ffee and/or soft drinlts.
(c.3 Additional Requirements Rppl icable to all FSD's: A17
FPO's ar-e requir°ed to F?er-form the following f~-tractions or° abide
by the following r i-t1es:
(1) Each FRO at its sale cost and expense shall be solely
responsible for the i.n sta7.lat i.on, operation, maintenance,
T°epair, and storage of all eq~_tipment necessary for the cond~.tct
of the FRO's b~-tsiness s~_tbject to the appmova). of the Airport
Manager°;
(2> No FPO shall prevent or inhibit throe-tgh operations of the
FPO' s business the ~-t=_~e by other°s so a~-tthor°i~ed of any common
areas or eq~-tipment on the Airport, inch-tding, b~_tt not limited
to the r~_tnway, taxiways, p~-tbli.c aircraft and a~-ito parking
aprons, roadways, and navigational aids;
(3) h!o FPO may prevent any per-son, company, or employee of
a company from servicing, mai.ntaininy, or fueling aircraft
owned or- leased by such per-son or• company which might be
par-~ked or hangared at the Airport;
~1
(4> Ever-y FRO shall !Hake its b~_rsiness open to all for!ns
and classes of aer'~ona~-!tical. ~-rse;
(5) Each FRO m~-~st s~_rbmit to and abide by periodic safety
inspections by the Airport Manager, the FAA, and%or- the Texas
Department; of Transpor'ta'tion;
(E) Every FRO m~-rst maintain all leased areas and the inter-ior-
and exterior of ar~y leased nr constr~-acted b~ai).ding to an
acceptable standa'~^d, incl~.rding, 6i_!t not limited to the repair
of all broken glass and exterior- fixt~-rr~es, and the proper
removal of all trash, weed.=-, r~-r66ish, and .j!-!nlt farm the
Airport. All trash and r~-rbbish must 6e placed in a properly
located and r.:overed container s~_ritable for s~-ich items pending
disposal.;
(7> Every FRO must notify and gain approval of the City
and Coy-~nty prior to i.nstit~_rting any intended reds-~ctiun of
services which are required by the FPO's lea=_e agreement or-
other cor~tr-act wi.tt~i the City and Coy-tnty;
(8) Every f ~O m~.!st f~-u-nish all ser-vices in fair, eq~_!al, and
nondiscriminatory mariner to all Airport ~_!ser's.
(d) Lease Agreement Containing Minimum Standards;Controlling
Provisions: The lease agreement among the City, Co~_mty, and an
FRO shall =_et forth either i.n detail. or by reference to these
reg~-~lations 'the required minim~.!m services to be provided 6y
the FRO and other minims-gym req~-!i.rements, i.ncl~-rding, b~_rt not
1imi+.ed to, the mini!n~-un req~_!ired square footage of b~-rildings
ramps, and parking areas, n~.tmber^ of and type of per-~sonnel,
minims-rm amo~-!nts of liability insurance to be carried by the
FFO, and minim~sm hot-ms of operation. Hangar space, shop areas,
restrooms, and other facilities and eq~-!ipment as well as
s~-iffici.ent persanne). may, 6~-rt shall nut necessarily 6e,
cum-dative of each service pr-~ofided, i. e., if an FPO provides
hott~ flight instr-~-!c+.iun and air-craft sale=_., both f~~.nction=_
cap-r1d be serviced by the same restrooms and telephone. To the
extent that these r-eg~_nations establish certain minims-rm
req~_~irements that are: not specifically set fertt-~ in a lec~zse
agreement. Tu the extent that the lease agr-eemerit specifically
increases or decreases the minim~!.m req~..~irements set forth in
these reg~-nations, the provisions of the lease agreement shall
r_ontrol.
(e) FRO Subordinate to City/County 061igations and Rights: The
privileges and rights granted to an FRO to operate on thie
Airport shall at all 'times be s~-rburdinate to the rights and
obligations of the City and Coy-mty with respect to ownere.hip
and management of the Airport. An FPO shall at all times
comply with and be subject to any and all r~-rle=_, req~-!irements,
or mandates placed ~.~pon city and Co~.mty by the FAA Or Jtate of
Texas, inch-!ding, 6~-rt not limited te, req.-rirement:s set forth
in any assn-Trances made by City and Cu~_mty to the United 6ta~tes
Government or the the Mate of Texa=_ in exchange far receipt
of czny federal ur state grant.
_,
(f> City and County as FBO: The City ar~d Co~_rnty at all times
r•e+.ain the right to perform any or all the f~_rnctions or
services of an FRO. F~_rrthermore, to the extent permitted 6y
state and federal law, City and County retain the right to
o'Ffer and perform on an excl~_rsive basis any or all FRO
services sand/or' product<_, incl~_u ing, bi-r+. not limited to,
f~.reling service=_, and allow no FRO or other Rirport Tenant to
offer the same services or products at the Airport.
(g> Non-Exclusive Rights: The City and Co~_mty shall at all
times retair~~ the right tG enter into contracts with other
FRO's or Rirport Tenants which grant 'the non-euc1~_isive
privilege of operating similar or competitive b~_rsi.nesses at
the Rirport without regard to the wishes or desires of
e,;i=_;tiny FRO's. R11 contracts, incl~_rding leas>e agreements,
will be written in accordance with and sub,jec:t to standards
applicable at the time of exec~_rti.on. In the event a new
contract agreement gives an ~_mfair c=conomic advantage to ane
FRO over- another-, the City and County may, at its =_ole optiOr~,
renegotiate its contract with the disadvantaged FRO(sr;
however, ~_rnder no circ~_~mstances will the City and Co~_rnty be
held liable or req~.rired to pay damages for services,
c q~ai pment, Or any Gther- Obligations which were req~-tired by
p~:t=_t or c~srrent contracts.
(h) Payment Pond:Rn FRO much show proof of financial
r-~esponsibili.ty or provide a bond satisfactory to the Poard to
ass~_rre tha+, the FRO will ret~-n^n the leased property to an
acceptat;le condition after the term of the ].ease er:pires Or if
the lease is pr•emat~_rrely terminated.
(i) Disruptive Solicitation of Business: An FRO may not engage
in the sOlicitati.on of it=_ f~_~eli.r~g or other services on or
abo~_rt 'the Airport in a 1o~_rd, offensive, or objectionable
manner-. Ir. the event Gf s~_rch q~_resti.onable condo-rct, the Airport
Manager will be the sole j~_rdge in determining if said cond~.rct
is a violation of the lease agreement with the City and CO~_inty
and is a~-rthori~ed to tape any and all nece=nary steps to
eliminate the ~_+ndesi.rable condition, i.nc].~-rding, b~.rt not limited
to, recommending the termination o'F the FRO's lease contract.
(j> Dispute Resolution: An FRO m~-rst cond~_ict b~_rsiness on the
Rirport in such a manner as to maintain a friendly and
r:ooper•ative, tho~.ryh competitive, relationship with other
operator'=_ engaged in similar b~_rsir~ess on ttre Airport. Rr~ FRO
may nGt engage in open p~shlic disp~_rt es, di=.agr•eement s, or
conf7.i.c:~ts which we+~_ild tend to deteriorate the quality of
service of either party involved Or which wog-rld be
incornpatible avith the best interest of the p~_rbli.c or- the
Rirport. The Airport Manager has the right to resolve all s~.rch
disp~_ttes, disagreements, Or conflicts and the Air-port
Manager's determination wi.11 be binding ~_rpon all FOR's
operating at the Rirport.
(k) Cessation of Operations: In the event an FRO cease=_ to
operate for' a period exceeding 90 calendar days, the lease
ayre~~ament between the FRO and the City c~znd Co~.rnty shall be
deemed to be abandoned i.n ar_cordarrce with section ~(c) above,
and ~..,
may be terminated a+, the sole option of City and Co~.mty.
Upon termination in accordance with this Section 9(k), the
FRO shall immediately ret~lrn till real and personal property
belonging to City and Co~_rnty to their- posses=_ian,
Art. 3-V-10. INSURANCE
(a) Insurance: Each FRO and Airport Tenant shall. have i.n
f~.rll farce and effect i.r~s~_trance d~-firing the entire period of
tenancy on the Airport of the following types in not less than
thc• following amo~.rrrts:
(1) General. Liability Insurance
Personal ln.j~..rry tint=lading 91,000,000 per- person
death) :91,000,000 per
occ~..rr-'r ence
Such ins-trance policie=_ must inr_L_rde coverage 'Far
prad;_tcts Jiability, completed operations, and contr-~acaual
li~at?ility.
(2> Hangarkeepers Liability Insurance: If the Rir-port Tenant
or FRO 4:eep=_ or stares aircraft or other pr-oper'ty owned by a
third party on Airport properrty leased 6y the Airport Tenant
or FRO, the Rir•port Tenant or FRO mast maintain not less than
91,000,000 per occ~-mrence of hangar I<eepers ins~_n-:3nce, ~_mless
si.rnilar• cave•rage exists ~-mder the req~.tired general. liability
policy;
(3) Student pilot Coverage: If fligt,t i.n=_tr-~actior~ is afFered
6y the FRO at the Ri.r-part, the FRO must car-r-y not Jess than
91,000,000 liability coverage for each student;
(4) Automobile Liability Coverage: A.-rtomo6ile Liabi]ity
Coverage an a7. 7. motor vehicles owned andior• operated Gy an FRO
or Airport Tenant or i.ts employees on the Airport property in
amo~-rots of not ].es<_ that 91,000,000 combined single limit or-
eq~_riva]ent;pr-ovided, however, separate a~-rtamobile coverage
shall not be required if such coverage is provided ~-mder the
FRO'.=. or Airport Tenant's general liability policy;
(5) property and Casualty Insurance: FRO ar~d tither- Rir-port
Tenants who own a hangar or' tither b~-ri).ding located on the
Airport which (a) is the subjec'L- of a ground lease wi+_h City
and Co~mty and (b) will became the property of City and County
at the end o'F the lease ter•in, muc-t maintain fire and casualty
insurance ir~s~_rri.ng against loss or' damage to such i.mpr-ovement=_
d~_re to fire, lightning and all other perils included in
standard extended coverage po7.i.ci.es, and vandali.=_m and
malicious mischief, all in amor-mt<. of not less than ninety
percent (94'r%) c;f replacement val_re of
~'_ 4
i;he hangar or oi:her b~..(ilding, S~_(ch coverage m~sst 6e
endorsed to name City and Co~.uity as loss payees i.n addition to
the owner of the b'.(ilding or- t-~angar.
(b) Cancellation; Certificates of Insurance: Th;e in=_ur•ance
req~.(ired by Section 1a(a1, above, shrall not be subject to
cancellation or- material alteration ~_mtil at least thirty
(3~? days written notice has been provided to the City and
Co~.(nt y. A11 FROG s and Rupert Tenants shall f~_r r-nish to the
City and county, ann~.(a].ly, Certificates of Ins~_(rance showing
City and Co~_(n+. ;: as an additional ins~.sred and evidencing tl~iat
all of the herein stated req~-(ir-ements have been met. Any
change=_ to or waivers of req~.(ired coverage mu=_t have the prior
written approval. of the City and Co~_mty.
(c) City/Co(.(nty purchase of Property and Casualty Insurance:
The City and Co~_mt;~, retain the right, b~_(t witho~_(t obligation
to do so, to purchase property and cas~.(alty ins~.(rance to
ins-(re against losses o~F Airport property as the r-es~-(1t of
fire, theft, aaindstorm, or other- catastrophe. S~-(ch in=_~.(rance
shall be solely for the benefit and protection of City ar-~d
Co~.trity and wi17. not cover losses to property owned by other
Airport '.(sees, including, b~.(t not 1imi~ted to, the personal
property of any FktO or other- Airport Tenant.
Rrt.3-V-11. FUEL DELIVERY pERMIT AND FUEL FLOWAGE FEE.
(a> Fuel Delivery Permit Required: No person, corpar-ation,
par+.nership, a=_.=.ociation, or I~~.(sir~ess entity of any
kind , or any person acting for or thra~-ugh them, may bring, or
attc~ampt to bring, f~.(e1 'Por aircraft ~.(pon the Airport without
po=. =_e. sing a valid Airport Fuel De7.iver•y Permit.
(b) Issuance of Rirport Fuel Delivery permits: An Air•por-t
F~.(el Delivery 1='ermit~ may be obtt~ained from the Airport Manager
by paying to the City the amo~.u-~t of R._5.4"'t0 and by signing an
agreement t~~ p.y all reyuir ed f ~ae1 Flowage Fees when dlle. JIICh
E_~errnit shall be val.i.d for one year from th;e date of issuance.
(c> Fuel Delivery permit Required for Self-Fueling: Any person
placing motor- vehicle f~.(el in aircraft owned by that per=_nn,
when ~.(ese of s(.(ch fuel i.n aircraft i.s approved, m~_(st obtain an
Airport F~-(e1 flowage fee req~sired in Section 11 (d.) below
related to said motor vehicle fuel.
(d) Fuel. Flowage Fee: Any person, corporation, partnership
association cr b~asi.r~es=_ entity of any kind, or any person
acting for or through them, including, but not limited to, any
wholesale fuel distributior~ company, wh~~o delivers fuel. to any
fuel storage tanlt on the Airport or who dellver's fusel
ot;taineci from a =.our•ce not on the Air'por-~t direct ].y into an
aircraft on the Airport, must pay the amount of x.05 per
gallon of fuel deli.ver-ed to the Air-part. or to the Aircraft
located on the Airport.
-,~
~J
(e) Delivery of Fuel Flowage Fee Payments: F'ayineni: of all
f~_rel flowage Fees d~.re p~.rr s~.rant to Section 11 (d), above, m~-rst
he made riot ].ester tt;an the fi.fteentri (15th) day of the month
following the date .=.aid f~.re1 was delivered. S,.rch payment ,hall
be made payable to "Kerr°vi.lle'Ker-r- Co~_rnty Airport Fi.md".
(f> Fuel Delivery Reports: The payment of f,.iel flowage fees
shall be accompanied by a repor^t i'n a farm approve-d by the
Airport Manager that indicates the amo~.rnt of fuse). delivered to
the Airport d~_i'r°ing the preceding calendc~ar- month.
(g> Fuel Delivery Records to be Maintained: All holders of
Airport F~_rel. Deliver°y Permits must retain all records related
to the delivery of f~.re1 to the Airport for c~~ period of three
year=, from the date after f~.rel to which those records relate
was delivered to a location or aircraft: on the Rirport. All
s~sch records m~_tst be made avai.).able to City ar~d Co~_uity or-
their represents"~tive during normal b~.rsines<: ho~.~r=_.
(h) Military Aircraft Exempt: Military aircraft cond~.rct.ing
operations which r-ey~.~i.r-e f~_relir~g form U.c>. Oover-nment
facilities shall he exempt from the regi.rir-ement of thi=_
Section li.
Art.3-V-Ic^ F'ENRLTIES AND FINES
(a> Criminal Penalties: Any person or- entity determined to
6e in violation of this Chapter shall 6e s~.it;ject to the fines
and penalties Set 'Forth in Article 1--I--3 of this Code.
(b) Temporary Suspension of Use: ThE+ Rirport Manager may deny
~_ise of the Rirport for a period not exceeding fifteen (15)
days for an;: person violating or reF~.rsing to comply with any
of the r~.t).es and 'reg~.;lati.on=_ set form in this Chapter' pending
.a hearing by the Airperi: Board. l.Jpon s~.~ch hearing, sltr~h person
may be deprived of the fr-rrther- ~.;se of the Airport and its
facilities 'For- a period of time a=_ in the discretion of the
Board may appear- necessary for the protection of ).i.fe and
property.
(c> Federal and State Law Not Superseded: The penalt.i.e=_. set
forth in this Section i.'c" shall 6e i.n addition to, and not i.n
lie~.r of, and federal or 'Mate law ~:penalties applicaL-1e to a
partic~.tlar violation.
SCCTION TWO. Tt;e provi.=_ions of thi=_ ordinance are to be
c~.rm~.rlative of all other ordinances or p~~u-ts of ordinance.=_
governing or reg~.rlating the same s~_rbject matter' as the covered
herein, provided, however, that Ordinance No. BS-"C, as
amended by Ordinance No. g9--13 iwhicr~ has been codified as
Rr°ticle '~--XI--3 of the Code of Ordinances, City of Y,errville,
Texas), Article 2--XI-4, and Article c-X.I-S of the Code of
Ordinances, City r.~f Kerrville, Texas, and all other prior
or-~dinance=_ or
~6
part.=. o'P orcairu~:rnces incensie~tent with or in conflict with
any of the provisions of this ordinance are hereby expressly
repealed to the extent of any =_~_rch inconsistenr_y or conflict.
SECTIOPd TFIRF=E.T.f eany section, s~-rb=ecti.on, sentence, c1a~-rse
or pFrrase o~F +.his ordinance is, for arty reason, held to be•
~-rncansti.t~-rtional or- i.nvali.d, s~-rch haldi.ng shall not affect the
val idi~ty of the r-em.nining portion•~ o'F this or^d finance. The
Coy-rnc:i]. Gf the City of N,errvi7.le, Texas, hereby declares that
it wo~_rld have passed this ordinance and each section,
s~-rt;=_~ecti.on, sentence, Claltse, or phra=,e her eof i.r-re=_~pective of
the fact that any one or more sections, subsections,
sentences, clay-ryes or phrases be decl.ar'~ed ~-mconstit~_rtional or
invalid.
SECTION FOUR. That this ordinance shall become effective on
the 'First day of the calendar mor,tl-. following passage by tl-~e
City Co~_tncil of the City of Kerrville, Texas , and the
Commissioners Coi_rrt of the Cep-rnty of Kerr, Texas.
SECTION FIVE. The City Clerk i.s hereby autherived and directed
to p~-rblish the de<_cr-ipt ive caption of this nr•d inar,ce in the
manner and for the length of tune prescribed by the l.aw as an
alternative method of p~_tblication.
PASSED RND RPPROVED ON FIRST READIN(7, this the 1' day of
May, 199?.
PASSED AND AF'F'R06'ED ON SECOND RND FINAL RERDING, this the ~7
day o F hiay 199?.
s: Charles F'. Johnson, Mayor
!t/Charles F'. Jahnson,Mayor
RTTESTc
/e:;Sheila L. Prancl
/t/Sheila L. Brand, Ci'l-y Clert<
AF'F'f20VF_D AS TO FORM:
s/Kevin I?~. La~_ryhli.r,
,'~t;Kevi.n R. Lai-rghlin, City Attorney
_•.~
COMMIaoIONERS' COURT AGENDA
PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF T
TO BE REVIEWED BY THE COURT.
nr rFfiT
~,lbi-.~..7ucc~7a G
MADE BY: Butch Lackey OFFICE:
MEETING DATE: June 6, 1997 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
1~iENTS
Consider and discuss apQroval of amending_the Code of Ordinances, Cit~of Kerrville, Airport
Rules, Regttlations and Minimum Standards".
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: Commissioner Pct. #2
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5,
Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Monday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has
been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will
be appreciated and contribute towards you request being addressed at the eazliest opportunity. See Agenda
Request Rules Adopted by Commissioners' Court.
CITY OF KERRVILLE, TEXAS
ORDINANCE NO. 97-06
AN ORDINANCE AMENDING THE CODE OF ORDINANCES,
CITY OF KERRVILLE, TEXAS, BY ADDING TITLE 3 "CITY
OPERATIONS AND SERVICES", CHAPTER V "AIRPORT
RULES, REGULATIONS, AND MINIMUM STANDARDS", AND
AMENDING TITLE 2 "ADMINISTRATION", CHAPTER XI
"JOINT MUNICIPAL AIRPORT ZONING BOARD" BY
REPEALING SECTIONS CONFLICTING WITH SECTION ONE,
HEREIN; CONTAINING A CUMULATIVE CLAUSE;
CONTAINING A SAVINGS AND SEVERABILITY CLAUSE;
ESTABLISHING AN EFFECTIVE DATE; AND ORDERING
PUBLICATION
WHEREAS, the rules, regulations, and minimum standards governing the operation of the
Kerrville-Ken County Airport ("the Airport") have not been substantially revised since 1985; and
WHEREAS, changes in the general aviation industry and the mix of tenants who currently
use the Airport as a base of operation has changed such that the current airport rules and regulations
do not adequately address the needs of the City, the County, the Airport tenants, or the flying public;
and
WHEREAS, the City of Kerrville-Kerr County Joint Municipal Airport Zoning Board has
recommended a revision to the Airport rules, regulations, and minimum standazds; and
WHEREAS, the City Council finds it to be in the public interest to amend the Code of
Ordinances to include a revision of the Airport rules, regulations, and minimum standards;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KERRVILLE, KERR COUNTY, TEXAS:
SECTION ONE. That Title 3, "City Operations and Services" of the Code of Ordinances,
City of Kerrville, Texas, be amended to include a new Chapter V, "Airport Rules, Regulations, and
Minimum Standards" to read in its entirety as follows:
Chapter V
AIIiPORT RULES, REGULATIONS, AND MINIlVIUM STANDARDS
Art. 3-V-1. PURPOSE AND DEFINITIONS:
(a.) General Purpose: The purpose of these rules, regulations, and minimum standards
is to set forth the manner in which tenants and other users of the KemillelKerr
County Airport are to conduct themselves and their operations while on Airport
property as well as to establish certain fees and other obligations associated with the
grant of the privilege of conducting operations on the Airport property.
(b.) Definitions: Except where the context otherwise indicates, the following words and
phrases shall have the following meanings throughout these regulations:
(1) Airport: The Kerrville/Kerr County Airport, also known as "Louis Schreiner
Field".
(2) Airport Board: The Kerrville/Kerr County Joint Airport Board
(3) Airport Manager: The employee of the City appointed to the position of
Airport Manager.
(4) AOA: Airport Operations Area, which is that area within the fenced area of
the Airport in which movement of aircraft are lawfully permitted.
(5) Airport Tenant: A person, whether acting in an individual capacity or as a
sole proprietorship, partnership, corporation or other legal entity, who leases
or uses property at the Airport solely for the purpose of storing an
aircraft and is not engaged in or providing any aviation related
commercial activity or service at the Airport
(6) City: The City of Kerrville, Texas
(7) County: The County of Kerr, Texas
(8) FAA: The Federal Aviation Administration
(9) FAR: Federal Aviation Regulation
(10) Fixed Base Operator or "FBO": A Fixed Base Operator ("FBO") is a
person, partnership, corporation, or other legal entity performing any of the
functions or furnishing any of the services listed in Article 3-V-9 or as
authorized by agreement on a commercial basis.
0: \WPDOCS\AIRFORT\ORD\RUles antl Regina[ions
(11) NTSB: National Transportation Safety Board
Art. 3-V-2. GENERAL REGULATIONS:
(a.) No Operations Without Permit: No person, partnership, firm, association,
corporation or entity, incorporated or otherwise, shall use the Airport for any
commercial activity, unless approved by a written permit or agreement from the City,
County, and/or Airport Board, or their duly authorized agents, as required by this
Chapter.
(b.) Federal Air Traffic Rules: The Federal Air Traffic Rules promulgated by the FAA
for aircraft operated within the United States, as presently or hereafter effective, are
hereby referred to, adopted and made a part hereof as though fully set forth and
incorporated herein.
(c.) Safeguard of Persons and Property: The Airport Manager shall at all times have
authority to take necessary and legal actions to safeguard any person, aircraft,
equipment, or property at the Airport.
(d.) Parking of Temporary Living Quarters: No person may park a trailer, motor
home, mobile home, or any other temporary living quarters on Airport Property
except in designated areas without the written approval of the Airport Manager.
(e.) Through the Fence Operation Prohibited: No person or entity shall be permitted
direct ground access to the Airport by its aircraft, customers' aircraft, or private
vehicle from property adjacent to or in the immediate vicinity of the Airport.
Furthermore, no private individual, partnership, company, corporate, body politic, or
customers' aucraft or vehicle shall be permitted direct ground access to property from
the Airport - a practice commonly known as a "through the fence operation." Under
extenuating circumstances, the Airport Board may allow certain through the fence
operations on a case by case basis.
(f.) Unauthorized Signs and Equipment: No signs, nonaeronautica] equipment,
portable buildings, or trailers maybe erected, moved-in, or installed on the Airport
property, except as maybe specifically authorized in a lease or approved in writing
by the Airport Manager.
(g.) Damage to Airport: Any person or entity causing damage of any kind to the
Airport, whether through violation of any of these rules, through vandalism, or any
act of negligence, shall be liable therefor to the City and County and shall immediately
upon demand pay City and County for the cost of making repairs to said property.
D: \WFDOrS\AIRPORT\ORD\RUles and Regulations 3

(h.) Removal of Disabled Aircraft: The pilot, or in the absence or disability of the pilot,
the owner of an aircraft and the respective agents of the owner or pilot of an aircraft
which is involved in an accident or which is otherwise damaged such that the aircraft
becomes disabled within the AOA shall be responsible for immediately notifying the
FAA and/or the NTSB of the incident giving rise to the aircraft's disability.
Immediately upon receiving clearance from the FAA or the NTSB to remove the
disabled aircraft, the owner of the aircraft, at the owner's expense, shall remove the
aircraft from the AOA to an area of the Airport designated by the Airport Manager.
(i.) Repairs to Aircraft: Aircraft maintenance and repairs at the Airport shall be subject
to the following regulations:
(1) No person shall perform any maintenance or repair of aircraft on the Airport
except within a hangar in which maintenance and repairs is an allowable
purpose pursuant to an agreement with the City and County or on such other
areas of the Airport designated for such purposes by the Airport Manager.
(2) At no time shall any person perform any maintenance or repairs of aircraft
while on any Airport runway or taxiway or within any runway safety zone of
Airport.
(3) Major engine, airframe, or avionics repairs performed at the Airport must be
conducted by a properly licensed mechanic in a hangar or on another area of
the Airport authorized for use for such commercial purposes.
(4) The lessee, owner or operator of an aircraft may perform preventive
maintenance authorized by FAR Part 43, but only within a hangar leased or
owned by that aircraft lessee, owner or operator or at places designated by the
Airport Manager for such purpose.
(j.) Maintenance of Airport: The City and County at all times retain the right to
establish rules, regulations, and procedures regarding the use of the Airport, and to
otherwise perform those acts the City and County deem necessary to maintain the
Airport in a safe and serviceable condition.
(k.) Establishment and Collection of Fees: City and County shall at all times have the
right to establish and collect fees and other charges for the use of the Airport for
commercial and non-commercial purposes, including, but not limited to, lease of
hangar space, office space, T-hangar space, aircraft or auto parking areas, fuel
flowage fees, tie-down fees, concession fees, and other fees related to the privilege
of operating a business through the use of public property. To the extent required by
Federal and state laws and regulations, such fees and charges shall be levied on a non-
discriminatory basis as between similar types of users; however, the mere fact that a
D:\`n?[Y1C$'W.F^~P.T\ORD\RUlas and Regulations `~
fee or chazge has some adverse economic impact on the person or entity obligated to
pay the fee or chazge, or has a greater impact on one user as opposed to a similaz type
of user, does not make the fee or charge discriminatory.
(1.) Runway Safety: The City and County shall at all times have the right to take any
actions necessary, without notice, to protect the safety and usability of the Airport and
the approach surfaces of the runway.
(m.) Compliance with Laws: All users of the Airport, including, but not limited to, all
FBO's and Airport Tenants, must comply with all applicable federal, state, and local
laws, rules, regulations, and ordinances while conducting operations on or otherwise
using the Airport. Such compliance is required whether or not such use and/or
operations are authorized pursuant to these regulations or a written agreement or
certificate of operation. In addition to such criminal or civil penalties as may be
assessed pursuant to these regulations, the City and County may file such action in
district court as may be necessary to enjoin the offending user from violating these
regulations.
(n.) Conflicts Between Rules and Regulations: In the event of irreconcilable conflict
between and provision of this Chapter and any FAR, the latter shall prevail. In the
event of an irreconcilable conflict between any provision of this Chapter and any City
ordinance or County order applicable to the same subject matter, the more stringent
limitation or requirement shall prevail unless such other ordinance or order clearly
indicates to the contrary or unless such ordinance or order directly amends or repeals
a provision of this Chapter.
Art. 3-V-3. LEASE OF AIRPORT PROPERTY
(a.) Generally: The City and County, acting jointly, may lease property within the
building area or other portions of the Airport for the construction of hangars,
buildings, lean-tos, aprons, taxiways, and auto parking lots in accordance with an
approved Airport Master Plan/Airport Layout Plan. Aviation related uses must be
given priority in the use of all leased or privately owned property, buildings, or
structures. If the aviation needs of the Airport are sufficiently met, the City and
County may authorize nonaviation use of any portion of the Airport or any building
on the Airport on a case by case basis. Application of any use shall be made to the
Airport Board, which shall promptly forward its recommendation to the City and
County for consideration.
(b.) Maximum Lease Term: No lease of Airport property or facilities shall be granted
for a term exceeding twenty (20) years; provided, however, the initial term of a lease
of Airport property or building may exceed twenty (20) yeazs, but in no case more
than forty (40) years, if:
D:'~WPWCS'..4IPPORT\ORD\RUles antl Regulations 5
(t) the City and the County authorize the lessee to grant a deed of trust lien and/or
security interest on the lessee's leasehold interest in the Airport property; and
(2) the loan which is secured by the deed of trust lien described in 3(b)(1) is obtained
expressly for the purpose of constructing one or more hangars or other buildings on
the Airport which will become the property of City and County at the end of the lease
term free and clear of all liens and encumbrances.
(c.) Abandonment of Airport Property: Any privately owned structure or hangar not
in use for aviation purposes, or otherwise not available for lease or sublease for
aviation purposes for a period in excess of ninety (90) days must be removed not later
than thirty (30) days after delivery of written notice to the owner by the City and
County except as otherwise agreed in writing by the City and County. Failure to
remove the hangar or other structure from Airport property within the time set forth
in the notice shall be deemed an abandonment of the hangar or other structure, title
to which shall be transferred to City and County as their interests may lie. This
Section shall not become effective if the property is authorized to be used for
nonaviation purposes by the City and County before the end of said ninety (90) day
period.
(d.) Condition of Airport Property Upon Lease Termination: Except as agreed in
writing by City and County, the leased Airport property from which any building,
hangar, or other structure is removed after temunation of the lease will, at the expense
of the lessee, be cleared, cleaned, and put back in its original or acceptable condition.
This provision shall not be applicable to ramps, taxiways, or other like improvements
constructed on Airport property regardless of who paid for the construction.
(e.) Sublease and Assignments: At no time may Airport property be subleased, or an
assignment be made of all or any portion of an Airport lease agreement or of a
lessee's leasehold interest without the written consent of City and County, except as
follows:
(1) space on or within leased property, including hangars, T-hangars, or ramp space may
be rented for parking and/or tie-down of aircraft without the prior written consent of
City or County, but only if a lease agreement signed by the City and County otherwise
authorizes such services; or
(2) if the owner of an FBO which is a sole proprietorship dies, a lease agreement may be
assigned to a new owner as part of the estate upon the written consent of the City and
County, which shall not be unreasonably withheld; or
D: ~a?LGC'S\A_RFURT\GRD`,RUles antl Regina[ions 6
(3) if the FBO or Airport Tenant files a voluntary or involuntary petition in bankruptcy,
the FBO or Airport Tenant, or the trustee in bankruptcy representing the bankruptcy
estate, may assign the lease to a new owner, provided such lease agreement is
reaffirmed by the bankruptcy trustee not later than 90 days after the filing of the
bankruptcy petition.
(f.) Granting of Deed of Trust Lien or Security Interest in Leasehold: The grant of
a deed of trust lien or security interest in a lessee's leasehold interest or fixtures
located on the Airport property leased shall constitute an assignment for which prior
written consent of City and County must be obtained.
(g.) Authorized Assignment Not a Release: An authorized sublease or assignment shall
not constitute a release of the assignor/sublessor unless otherwise agreed in writing
by City and County.
(h.) Consideration for Assignment: The City and County shall have the right to increase
or decrease the fees to be paid by or services to be provided by a FBO or other
Airport tenant as consideration for the City and County's agreement to grant its
consent to the assignment of a contract, including a lease agreement, to a third party
or at any such time as authorized by the contract. This Section 3(h) shall apply even
if the assignee in a proposed assignment is an existing FBO or Airport Tenant with
an existing lease agreement or contract with the City and County.
(i.) Construction of Buildings on the Airport: No hangar or structure may be
constructed on the Airport without the written consent of City and County. In no
case shall any building be constructed within the building restriction line or in conflict
with the approved Airport Layout Plan. All construction must be of a compatible
standard capable of withstanding winds of 85 mph with doors open or closed.
Furthermore, all structures must comply with any and all City building codes, any
applicable airport compatible land use or zoning ordinances, and the approved Airport
Layout Plan. At no time shall the City and County be obligated to approve the
placement and/or construction of any buildings, parking areas, or equipment until the
City and County, upon recommendation of the Airport Board, has determined that
development will be accomplished in an orderly fashion and does not impede the
future development or expansion of the Airport as shown on an FAA or Texas
Department of Transportation approved Airport Layout Plan or Master Plan.
(j.) Lien for Charges: To secure the payment of any charge made for rent, fees, taxes,
repairs, improvements, storage, or care of any personal property made or furnished
by the City and County or their agents in connection with the operation of the
Airport, a landlord's lien and/or garage man's lien in favor of City and County shall
attach to the personal property of a lessee or Airport user which shall be enforceable
as provided by law. To enforce the payment of any such charge, the Airport Manager
D:`,WP000S\:.'_RPORT\ORD\ftules antl Regulations 7
is authorized to peaceably obtain and retain possession of personal property against
which such lien(s) exist until al] amounts due and owing have been paid in full.
(k.) Late Payment Service Charges: Every lease agreement or contract authorizing an
FBO or other Airport Tenant to use Airport Property shall provide for the timely
payment of all rents, fees, and charges required by said agreement and/or these
regulations. Such provision shall also provide for the payment by the lessee of a late
payment charge to be paid to the City and County in the event payment is not made
when due.
(l.) Utilities: Every FBO and Airport Tenant, at its sole cost and expense, must arrange
for water and wastewater, natural gas, electricity, telephone, and any other utilities
it uses on the Airport. All lessees of Airport property and facilities must pay all
reasonable charges incurred for utilities in a timely manner throughout the term of the
lease.
(m.) Taxes: Every FBO, Airport Tenant, or other Airport user shall pay when due all real
and personal property taxes arising from the lease or use of Airport property or the
location of personal property, including inventory, on the Airport.
(n.) Payment of Bills: Every FBO or other Airport Tenant must pay when due all bills
and other debts arising from the business operations authorized by the lease or
certificate to operate issued by Airport Board. At no time and under no
circumstances will the City or County be responsible for the payment of any taxes or
bills owed by an FBO, an Airport Tenant, or any other person or entity authorized to
use the Airport.
Art. 3-V-4. AGRICULTURAL SPRAYING OPERATIONS
(a.) Chemical Storage Regulations: In addition to such other procedures as maybe set
forth by the Airport Manager, the storage of chemicals and other hazardous materials
related to agricultural spraying operations conducted on or from the Airport will be
conducted only in areas designated by the Airport Manager and in accordance with
the following procedures.
(1) Chemicals used in agricultural spraying operations must be dispensed, maintained, and
stored only in areas designated by the Airport Manager.
(2) All chemicals classified as hazardous materials must be kept in a covered area so that
exposure to precipitation does not allow runoff of such chemicals into natural or
manmade storm water drainage systems at the Airport.
D: \WPDOCS\nZRPORT\GRD\RU1es and Regulations 8
(3) The ground within the chemical dispensing area must at all times be kept clean of
hazardous materials.
(4) All empty chemical containers must be stored and promptly disposed of away from
the Airport in accordance with the label directions.
(5) Washing of agricultural spraying aircraft and flushing of aircraft spray tanks and
hoppers must be performed only in an area designated by the Airport Manger in
accordance with the applicable rules and regulations of the U.S. Environmental
Protection Agency and the Texas Natural Resource Conservation Commission.
(6) The operator of an agricultural spraying operation must maintain in its office on the
Airport a copy of all current Material Safety Data Sheets for all hazardous materials
delivered to the operator and stored on the Airport.
(7) Prior to commencement of an agricultural spraying business located on the Airport,
the owner of said business must provide to the City and County a certificate of
insurance evidencing the owner has purchased environmental liability insurance in the
amount of not less than $300,000.00 dollazs per occurrence, which insurance provides
for the remediation of any soil, water, and air contamination resulting from the spill
or improper release of any hazardous material on Airport property caused by the
intentional or negligent act or omission of the owners, officers, employees,
contractors, subcontractors, or agents of the business. Said insurance policy shall
name the City and the County as additional insureds and shall indemnify the City and
County from the costs incurred by City and/or County in conducting any remediation
required by State or Federal law.
(b.) Agricultural Spraying Aircraft Operations: In addition to compliance with the
takeoff and landing regulations set forth in Section 8, below, the pilot of an aircraft
engaged agricultural spraying operations must comply with the following:
(I) At no time shall aircraft used in agricultural spraying or dusting operations take off
with a load exceeding the maximum gross hopper weight stamped on the aircraft's
hopper by the aircraft manufacturer or listed in the aircraft's specifications.
(2) At no time shall an aircraft take off or land on the dirt or grass between the runway
lights and the Airport property line fence(s).
(3) At no time shall an aircraft take off or land down wind.
o: ~aeoocs...=aeoRT~oac~,au.es a~a aea~iaci~~s 9
Art. 3-V-5. AII2CRAFT OPERATIONS
(a.) Licensed Pilots: It shall be unlawful to pilot an aircraft upon the Airport without a
valid and current airman and medical certificate issued by the FAA. It shall be a
defense to this section if the person:
(1) is a student pilot authorized to pilot an aircraft pursuant to FAA regulations under the
supervision of a properly licensed flight instructor and the student pilot was operating
in accordance with Section 8(1), below; or
(2) the pilot is piloting an aircraft owned or leased by any federal, state or local
government entity; or
(3) the aircraft is licensed by a foreign government with which the United States has a
reciprocal agreement covering the operation of such licensed aircraft.
(b.) Aircraft Registration: Each person owning or leasing an aircraft which is based at
the Airport must deliver in writing to the office of the Airport Manager the following
information:
(I) the name, address, and telephone number of the owner of the aircraft;
(2) the name, address, and telephone number of the lessee of the aircraft, if applicable;
(3) the make and model if the aircraft;
(4) the aircraft registration "N" number;
(5) the name, address, and telephone number of the person to be notified in case of an
accident or emergency involving the aircraft.
(c.) Foreign Objects: No person shall leave upon the floor of any building or upon any
part of the surface area of the Airport where aircraft are permitted to be in active
operation any object which may cause damage to an aircraft that might come within
the vicinity of the objeca, including, but not limited to, bottles, cans, paper, nuts, bolts,
nails, rocks, or concrete.
Art. 3-V-6. GROUND OPERATIONS
(a.) Motor Vehicle Traftic: Except as authorized by the Airport Manager, no person
shall operate any motor vehicle or motor driven equipment on Airport property except
as follows:
D: \'n'PDOCS\A_RPORT\ORD\RUles antl Regulations IQ
(1) No vehicle maybe operated except on a street, road, easement, parking area or other
lane designated for that purpose;
(2) No vehicle maybe operated at a speed in excess of thirty (30) miles per hour or such
other speed as posted by the City;
(3) No motor vehicle other than City or County-owned vehicles or vehicles authorized
by the Airport Manager may be driven on or across a runway or taxiway. Such
ofFicial vehicles must have a ground to air radio transceiver tuned to the local
LTNICOM frequency or Common Traffic Advisory Frequency (CTAF) and a flashing
beacon light mounted on the roof of the car or a checkered orange and white flag
mounted on the front bumper of the vehicle;
(4) Special use vehicles such as an ambulance, heazse, or delivery van maybe driven on
the apron solely for the purpose of loading or unloading cargo or people from aircraft;
(5) An aircraft owner who rents, leases, or owns his/her private hangar may park his/her
automobile in the hangar while on a trip in his/her aircraft.
(b.) Parking of Aircraft: Parking of aircraft on the Airport ramp shall be in accordance
with the following regulations:
(1) All aircraft not hangared must be tied down and the wheels chocked at night and/or
during inclement weather;
(2) All aircraft owners, lessees and their agents are at all times responsible for the tie
down or security of their aircraft and damages resulting from the failure to tie down
an aircraft;
(3) No aircraft shall be parked within fifty (50) feet of a fuel pump or fuel truck parking
area except when otherwise permitted during active fueling or defueling operations;
(4) No aircraft shall be parked in such a manner as to hinder the normal movement of
other aircraft and traffic unless specifically authorized by the Airport Manager as an
emergency measure;
(5) No pilot shall leave a parked aircraft unattended without first setting the brakes, if
any, and, if parked on the Airport ramp, properly chocking and/or tying down the
aircraft.
(c.) Engine Startup: No aircraft engine shall be started or runup inside any building or
hangar or while the aircraft is parked in such a position that the propeller stream or
jet blast fails to clear any building, other aircraft, or people. No aircraft may be
D: \WPGGCS~,diRPOP.T\ORO\RU1es and Regulationo 11
loaded or unloaded with passengers, cargo, or fuel while the engine is running except
as permitted in Section 7(a.)(2), below.
Art. 3-V-7. FUELING OF AIRCRAFT; FIRE SAFETY
(a.) Fueling Operations: Fueling and defueling of aircraft on the Airport shall be
conducted in accordance with the following regulations:
(1) No person who has not been properly trained and certified in accordance with
applicable F.A.A. regulations regazding the fueling of aircraft shall introduce fuel into
an aircraft not owned or leased by that person;
(2) No person shall fuel or defuel an aircraft while the engine is running or being warmed
by the application of external heat; provided, however, an aircraft engaged in
agricultural spraying operations on a fast turnaround may be fueled and loaded with
chemicals with the aircraft engine idling, but only if.
(i) the Airport Manager has provided prior written authority to the aircraft
operator;
(ii) the pilot remains at the controls;
(iii) the aircraft's wheels are chocked;
(iv) there are at least two fully charged and properly rated 20 lb. fire extinguishers
within fifty (50) feet of the aircraft being serviced;
(v) a qualified ground crew member is present at all times during the fueling
operation;
(3) No person shall smoke or carry lighted cigars, cigarettes, pipes, matches, or any open
flame within fifty (50) feet of an aircraft being fueled or defueled, fuel truck, fuel tank,
fuel pump or site of a flammable liquid spill, unless such person is in a building or
other enclosed area which is specifically posted by the Airport Manager as a
designated smoking area;
(4) No person shall fuel or defuel an aircraft while the aircraft is located in a hangar or
other enclosed place or within fifty (50) feet of any hangar, building, or other aircraft;
(5) No person shall park a fuel truck within any building or hangaz or within fifty (50) feet
of any building, hangar, or parked aircraft;
(6) No person shall park a fuel truck within ten (]0) feet of another fuel truck;
p; \Wpp~ut<'AIP.PORT\OftD\R.ules and Regulations 12
(7) No person shall perform or allow performance of fueling or defueling operations
during an electrical storm;
(S) Prior to making any fueling connection to an aircraft, all fueling equipment, including,
but not limited to hoses, funnels, fuel pump, hydrant service, and fuel truck, must be
equipped with a positive grounding device in good working order approved by the
City of Kerrville Fire Marshal;
(9) No aircraft shall be fueled or defireled until the aircraft and the fuel dispensing
apparatus has been grounded as required by applicable FAR's or National Fire
Protection Association standards in order to prevent ignition of flammable liquids
resulting from static electricity.
(10) All required grounding connections must be made prior to commencement of fueling
or defueling and maintained until the fueling or defueling operation is complete and
the fuel connections removed.
(11) When fueling overwing, the fueling nozzle must be grounded with a nozzle ground
cable having a clip or a male plug to (a) a metallic component of the aircraR that is
metallically connected to the aircraft fuel tank filler port or (b) a female receptacle
designed to accommodate the male plug. If there is no plug receptacle or means for
attaching a clip, the operator must touch the filler cap with the nozzle spout before
removing the cap so as to equalize the static electrical potential between the nozzle
and the filler port. The nozzle spout shall be kept in contact with the filler neck until
the fueling is completed.
(12) Each aircraft fuel service truck conducting fueling or defireling operations on the
Airport must have a minimum of two 20 Ib. capacity fire extinguishers containing
CO„ dry chemicals, or other approved extinguishing agents located at the rear of and
on each side of such truck.
(13) During fuel handling operations in conjunction with aircraft, at least two 20 lb.
capacity fire extinguishers containing CO:, dry chemicals, or other approved
extinguishing agents must be within ready reach of the fuel tender operator.
(14) Each aircraft fuel service truck operating on the Airport must have installed an
operational "Emergency Cut-Off' valve which is clearly identified and painted red.
(15) All aviation fuel nozzles through which fuel is dispensed at the Airport must be
equipped with "dead man" controls which will shut off the fuel flow when the nozzle
hand control is released. Nozzles with mechanical hold open devices will not be
permitted for fueling aircraft on the Airport.
D: \i]PLOCS'~_'.PORT\ORD\RUles antl Regulations 13
(16) When a funnel is used in aircraft fueling, it shall be kept in contact with the filler neck
as well as the fuel spout or the fuel supply container to avoid the possibility of a spark
at the fill opening. Only metal funnels shall be used for fueling.
(17) Grounding and fuel connections must be disconnected in the reverse order of
connection after fueling or defueling is completed.
(18) Except as permitted by Section 7(a.)(2), above, no aircraft shall be fueled or defueled
while passengers are on board the aircraft unless the aircraft door is in the open
position or except as otherwise required or permitted by the pilot's operating
handbook.
(b.) Fuel Storage: The storage of fuel on the Airport shall be in accordance with the
following regulations:
(1) Aircraft fuel storage tanks for below-ground or above-ground use must be
constructed, installed, operated, maintained, registered, and monitored for leakage,
in accordance with applicable Federal and State statutes, rules, and regulations
promulgated by the United States Environmental Protection Agency and the Texas
Natural Resource Conservation Commission as well as applicable City ordinances as
may from time to time be adopted.
(2) At no time may aviation or auto fuels be stored within a hangar or building at the
Airport.
(3) All aviation fuel storage tanks, aviation fuel pumps, hydrant fuel services, aircraft fuel
service vehicles, whether publicly or privately owned, must have the type of aviation
fuel dispensed printed in large block letters, including octane if aviation gasoline, the
fuel LD number, and "NO SMOKING" signs printed with six (6) inch block letters
on all sides so the information is visible from any direction on the ground.
(c.) Right to Conduct Fueling Operations; Compliance of Privately-Owned Fuel
Facilities : Individuals or businesses wishing to supply or dispense aviation fuel for
use in their privately owned or Icased aircraft shall not be denied; however, any
person or entity dispensing fuel to any aircraft or fuel storage facility located on the
Airport must comply with these rules and regulations. Private fueling facilities located
on leased or private property on the Airport must be installed and the fuel dispensed
in accordance with al] rules pertaining to aircraft fueling and fire safety contained
herein.
(d.) Sale of Automobile Gasoline: Public sale of automobile gas for use in aircraft is
prohibited on the Airport. Aircraft authorized by the FAA to use auto gas maybe
U: 1d FDUl.9`.nLdFORTVGFD`, P.~~les Intl P.egu lations lY
privately fueled by the owner in a location designated by the Airport Manger in
accordance with all rules pertaining to aircraft fueling and fire safety contained herein.
(e.) Miscellaneous Fire Safety Regulations: In addition to the other regulations set forth
in this Section 7, all persons operating or otherwise on Airport property must comply
with the following:
(1) No compressed flammable gas maybe kept or stored upon the Airport except in such
locations and in such manner designated by the Airport Manager;
(2) No flammable substance may be used to clean any aircraft part or other thing inside
a hangaz, T-hangaz, or other building located on the Airport except in a parts washer
approved by the City's Fire Mazshal;
(3) Hangar entrances shall be kept clear at all times so that free ingress and egress may
be made by people;
(4) All building floor must be kept clean and free of oil. No person may use volatile or
flammable substances to clean building floors on the Airport;
(5) No boxes, crates, cans, bottles, paper, tall grass, weeds, unusable airplane parts or
wreckage, scrap wood or metal, discarded airplane or automobile tires not being
stored £or reuse, trash, or other litter shall be permitted to accumulate in or about a
hangar, building, or other leased space. If such trash and litter is permitted to
accumulate around a privately owned, rented, or leased hangar/building, the Airport
Manager shall notify the hangarPouilding owner, renter, or lessee by registered letter
to remove the offending litter. If within ten (10) work days after receipt of the letter
the hangar building owner, renter, or lessee has not removed the trash and litter as
directed, the Airport Manager may have the area cleaned and the cost for such
cleaning shall be charged to the hangaz/building owner, renter, or lessee.
(6) No person shall smoke or ignite a match or lighter in any building or hangaz except
in areas posted by the Airport Manager with a sign stating "Designated Smoking
Area".
(f.) NFPA Standards: Except to the extent of irreconcilable conflict with these
regulations and with applicable FAR's, all matters related to the fueling of aircraft at
the Airport will be in accordance with Manua1407 "Aircraft Fuel Servicing, 1996",
as amended, published by the National Fire Protection Association, I Batterymazch
Park, P. O. Box 9101, Quincy MA 02269-9101.
D: \'~1PDCCS\AIRPOR?\ORD\RUl?s and Regulations 15

Art. 3-V-8. TAXIING, TAKEOFF, AND LANDING RULES
(a.) Taxiing: No person shall taxi an aircraft until reasonably ascertaining there will be
no danger of collision with any person or object in the immediate area of the aircraft.
(b.) Primary Runway: Runway 12/30 shall be the primary runway with approach 12 for
all aircraft takeoff and landing operations. If the winds are calm or at a ninety (90)
degree or greater crosswind to approach 12, a pilot, at his own discretion, may
takeoff and land on Runway 30, 02 or 20.
(c.) Takeoff and Landing Altitudes: No aircraft shall land or take off in such manner
as to cleaz any public street or highway at an altitude of less than twenty (20) feet, nor
land or take off on any taxiway or over hangars or other structures, automobile
parking areas, or any person.
(d.) Authority to Suspend Operations: The Airport Manager may suspend or restrict
any or all operations whenever such action is deemed necessary in the interest of
safety. Operations during meteorological conditions requiring use of instrument flight
rules maybe continued by instrument-rated pilots.
(e.) Damage to Runway Lights: Any person damaging any runway or taxiway light or
fixture by operation of an aircraft, or otherwise, must immediately report such damage
to the Airport Manager. Persons causing damage to runway and taxiway lights as a
result of negligent operation of an aircraft or willful acts will be liable for replacement
cost of the light(s) and/or fixture(s).
(f.) Unintentional Transmission of Emergency Locator Transmitter (ELT) Signal:
All pilots performing takeoff and/or landing operations at the Airport must
immediately after successfully taking off and after successfully landing, but prior to
engine shut down, verify that the Emergency Locator Transmitter (ELT) installed on
the aircraft is not transmitting by tuning the aircraft's radios to the emergency
frequency (121.5 or 243.0). If the ELT is improperly transmitting after a takeoff or
landing, the pilot must immediately stop the improper transmission and advise the
FAA Automated Flight Service Station at telephone number 1-800-WX-BRIEF of the
incident, including the approximate time and coordinates, if known, that the ELT
accidentally began transmitting and the time and coordinates when the ELT
transmission was terminated by the pilot.
(g.) Failure to Terminate ELT Transmission; Entry of Unattended Aircraft: The
Airport Manager, accompanied by a certified peace officer who has jurisdiction in the
City of Kerrville, a Civil Air Patrol officer, or an FAA representative, shall have
authority to take the necessary action to tum off the ELT of an undamaged aircraft
located on the Airport, including entry into the aircraft, whether or not the aircraft is
o: ~wecocs~av.eoar~~,eo~R~i_s ana eeeularions 16

locked, provided, however, no entry of the aircraft shall be made by the Airport
Manager or other Airport staff until (i) the Airport Manager or other Airport staff has
made a reasonable attempt to contact by telephone or otherwise locate the pilot
and/or owner of the aircraft to request that a person authorized to enter the aircraft
immediately return to the aircraft to turn offthe ELT and (2) the Airport Manager has
been unable to locate the pilot and/or owner of the aircraft or has determined the pilot
is unable to return to the Airport within a reasonable time after the request and (3) the
Airport Manager has determined that the action will not result in damage to the
aircraft. The aircraft owner shall be liable to the City and/or County for all charges
incurred by the City and/or County for turning off the ELT and shall reimburse City
and/or County for such costs upon demand.
(h.) Takeoffs from Apron or Taxiways: Takeoffs or landings shall not be made on any
apron, parking ramp, grass azea, taxiway or terminal area by fixed-wing or ultra light
aircraft without the written consent of the Airport Manager.
(i.) Touch and Go Landings: Touch and go landing may be made at the discretion of
the pilot. A pilot remaining in the pattern with the intent of making a touch and go
landing must broadcast on the LINICOM or the Common Traffic Advisory Frequency
(CTAF) the pilot's intent to perform a touch and go after turning final and the pilot's
intended pattern turns.
(j.) Clearing for Takeoff and Landing: All aircraft shall clear for landing and takeoff
traffic before taxiing into takeoff position. Position reports should be made over
IJNICOM on radio equipped aircraft in accordance with AIM (Airman's Information
Manual).
(k.) Traffic Pattern Altitude: Traffic pattern elevation at the Airport is 1,000 feet above
ground level (AGL) for all aircraft (approximately 2,600 feet above mean sea level
(MSL) elevation)
(1.) Student Training and Practice Flying: In addition to other applicable federal and
state laws and regulations, the instruction of student pilots and conduct of practice
flights at the Airport shall be in accordance with the following:
(I) Prior to commencement of any instruction at the Airport, all flight instructors must
become familiar with all rules and regulations in effect at the Airport;
(2) Prior to commencement of any flight instruction at the Airport, all flight instructors
must familiarize their student pilots with all rules and regulations in effect at the
Airport;
C: \R'EDGCS\AIP.POR:-\02C\RU l?s aCd Regulations 1/
(3) All instructor pilots and student pilots shall conduct flight instruction only within areas
of the Airport designated by the Airport Manager or other local areas approved by the
FAA for practice flying and training of students, which areas will be designated by the
posting of a notice in the office of the Airport;
(4) No aircraft shall be permitted to remain on the landing or takeoff azeas of the Airport
for the purpose of instruction.
(m.) Special Flight Procedures: The Airport Manager may from time to time in the
interest of safety issue establish temporary special traffic procedures for certain
operations, including, but not limited to, the performance of air shows, take off and
landing of helicopters, agricultural operations, towing of gliders, and take off and
landing of ultra lights. Any permanent change from standard procedures must be
approved by the Airport Boazd prior to publications, and, if appropriate the City
Council of the City of Kerrville and the Commissioner's Court of Ken County prior
to publication in the FAA's Airport/Facility Directory. The Airport Manager shall
issue a NOTAM as required by applicable FARs if such change is to be temporary.
(n.) Flight Standards Waivers: No request for waivers from FAA flight standards shall
be made by any air show sponsor or operator without the prior review and approval
of the Airport Manager.
(o.) Parachuting Prohibited: No person may parachute onto the Airport without the
prior written approval of the Airport Manager.
(p.) Ultra Light Operation: Ultra light aircraft shall be operated in accordance with
FAR Part 13.
(q.) Flying of Model Airplanes and Kites: No engine powered model airplane, cable or
radio controlled airplane, model glider, or kite may take off or be launched from,
flown over, flown in or otherwise operate within the Airport or within the runway
protection zones of any Airport runway without the prior written authorization of the
Airport Manager.
Art. 3-V-9. FBO Minimum Standards
(a.) Certificate and/or Lease Required to Operate as FBO: No person, whether in an
individual capacity or as a sole proprietorship, partnership, corporation, or other legal
entity, whether or not the person or entity is an Airport Tenant, may act in the
capacity of an FBO at the Airport without first receiving a lease agreement and/or a
certificate to operate as an FBO from the Airport Board. No FBO may provide
services or conduct any activities at the Airport except as set forth in the lease or
certificate authorizing such service or activity or as permitted by these regulations.
D:\WPDOCS \AIP.PORT\ORD\RUles and Regulations 10
At no time may an FBO use Airport property or facilities leased for the purpose of
operating an FBO for any other purpose.
(b.) Permitted Services and Minimum Requirements: An FBO is authorized to offer
or perform any or all of the following services or functions to or for the public at the
Airport provided the FBO complies with the following guidelines and minimum
requirements for each service or function:
(1) Airframe and power plant repair services may be conducted provided the FBO:
(i) has available hangar space of not less than 10,000 square feet in which to
perform such services;
(ii) has employed at least one FAA certified mechanic on duty during all business
hours;
(iii) paved outside parking area for aircraft located adjacent to and contiguous
with the hangar(s) where the services are performed;
(iv) paved access to the runway-taxiway system.
(2) Fueling services may be conducted provided the FBO:
(i) has available fuel storage tanks for both Avgas and Jet fuel that comply with
Section 7(b.), above;
(ii) is able to provide fuel delivery by means of properly equipped and maintained
pumps and/or trucks which comply with all applicable regulations;
(iii) employs at least one person who is properly trained and qualified to serve as
an aircraft fueling technician;
(iv) maintains a plan of action satisfactory to the Airport Manager in the event of
a fuel spill, a copy of which is at all times available for inspection; and
(v) maintains not less than the minimum number of working fire extinguishers and
grounding cables required by this Chapter.
(3) Line Service maybe conducted provided the FBO:
(i) employs personnel properly trained to perform such services; and
o: ~,we~ec:~,p.ieeoar~oao~F~iES a~a aegiaat ions 19
(ii) maintains on hand an adequate number of ropes, chains, and/or other
restraining devices and wheel chocks for each tie down position.
(4) Aircraft sales and/or rental may be conducted provided the FBO:
(i) has access by ownership or lease of not less that 5,000 square feet of hangar
space, including office space;
(ii) has available space for an aircraft display area;
(iii) maintains a telephone; and
(iv) has available and maintains an aircraft inventory.
(5) Flight instruction maybe made available provided the FBO:
(i) employs not less than one trained and certified instructor;
(ii) has at least one classroom and adequate restroom facilities in its facilities;
(iii) maintains a telephone; and
(iv) has available at least one aircraft to be used for instruction.
(6) Avionics installation, maintenance, and repair services may be conducted provided
the FBO:
(i) maintains at least one shop azea of not less than 1,000 squaze feet inclusive of
office space equipped with a telephone and restrooms; and
(ii) employs at least one person who is trained and certified to perform avionics
maintenance who is on duty during normal business hours.
(7) Aircraft storage services may be conducted provided the FBO owns or leases
enclosed hangars or T-hangars with adequate tie down spaces.
(8) Air taxi and charter services may be conducted provided the FBO;
(i) maintains a current FAA Part 13S certification;
(ii) owns or leases at least one aircraft available to provide such services;
G:`,WP~GCg\pr2P%~P.?\ORD\RUles and Requlat ions 20
(iii) has access by lease or ownership sufficient hangar, T-hangar, or tie down
space, to operate the service; and
(iv) maintains an office with telephone and restrooms; has access to an adequate
aircraft loading and unloading area.
(9) Agricultural spraying operation may be conducted provide the FBO:
(i) employs at least one qualified pilot;
(ii) owns or leases aircraft designated and certified for such purpose;
(iii) employs qualified and properly licensed personnel on duty to handle all
hazardous materials and dangerous chemicals;
(iv) has access by lease or ownership of a covered and secured area to store all
chemicals and hazardous materials; and
(v) maintains a properly designated and constructed wash down pad which
complies with all applicable federal, state, and local laws regulations and
ordinances.
(10) Other services as agreed upon by contract between the FBO and the City and
County may be provided, such as providing telephones for public use, ground
transportation into town, pilot and passenger lounges with restrooms, retail business
area with restrooms, and coffee and/or soft drinks.
(c.) Additional Requirements Applicable to All FBO's: All FBO's are required to
perform the following functions or abide by the following rules:
(1) Each FBO at its sole cost and expense shall be solely responsible for the installation,
operation, maintenance, repair, and storage of all equipment necessary For the conduct
of the FBO's business subject to the approval of the Airport Manager;
(2) No FBO shall prevent or inhibit through operations of the FBO's business the use by
others so authorized of any common azeas or equipment on the Airport, including, but
not limited to the runway, taxiways, public aircraft and auto parking aprons,
roadways, and navigational aids;
(3) No FBO may prevent any person, company, or employee of a company from
servicing, maintaining, or fueling aircraft owned or leased by such person or company
which might be parked or hangared at the Airport;
D:\W2COC5\FIRPORT\ORD\RUles and ReDUlation4 21
(4) Every FBO shall make its business open to all forms and classes of aeronautical use;
(5) Each FBO must submit to and abide by periodic safety inspections by the Airport
Manager, the FAA, and/or the Texas Department of Transportation;
(6) Every FBO must maintain all leased areas and the interior and exterior of any leased
or constructed building to an acceptable standard, including, but not limited to, the
repair of all broken glass and exterior fixtures, and the proper removal of all trash,
weeds, rubbish, and junk from the Airport. All trash and rubbish must be placed in
a properly located and covered container suitable for such items pending disposal;
(7) Every FBO must notify and gain approval of the City and County prior to instituting
any intended reduction of services which are required by the FBO's lease agreement
or other contract with the City and County;
(8) Every FBO must famish all services in a fair, equal, and nondiscriminatory manner to
all Airport users.
(d.) Lease Agreement Containing Minimum Standards; Controlling Provisions: The
lease agreement among the City, County, and an FBO shall set forth either in detail
or by reference to these regulations the required minimum services to be provided by
the FBO and other minimum requirements, including but not limited to, the minimum
required square footage of buildings, ramps, and parking areas, number of and type
of personnel, minimum amounts of liability insurance to be carried by the FBO, and
minimum hours of operation. Hangar space, shop areas, restrooms, and other
facilities and equipment as well as sufficient personnel may, but shall not necessarily
be, cumulative for each service provided, i.e., if an FBO provides both flight
instruction and aircraft sales, both functions could be serviced by the same restrooms
and telephone. To the extent that these regulations establish certain minimum
requirements that are not specifically set forth in a lease agreement, such minimum
requirements shall be deemed to be part of the lease agreement. To the extent that
the lease agreement specifically increases or decreases the minimum requirements set
forth in these regulations, the provisions of the lease agreement shall control.
(eJ FBO Subordinate to City/County Obligations and Rights: The privileges and
rights granted to an FBO to operate on the Airport shall at all times be subordinate
to the rights and obligations of the City and County with respect to ownership and
management of the Airport. An FBO shall at all times comply with and be subject to
any and all rules, requirements, or mandates placed upon City and County by the FAA
or State of Texas, including, but not limited to, requirements set forth in any
assurances made by City and County to the United States Government or to the State
of Texas in exchange for receipt of any federal or state grant.
G:\WPDOCS\AiP.PORT\ORD\RuLes and Regulations 22
(f.) City and County as FBO: The City and County at all times retain the right to
perform any or all the functions or services of an FBO. Furthermore, to the extent
permitted by state and federal law, City and County retain the right to offer and
perform on an exclusive basis any or all FBO services and/or products, including, but
not limited to, fueling services, and allow no FBO or other Airport Tenant to offer the
same services or products at the Airport.
(g.) Non-Exclusive Rights: The City and County shall at all times retain the right to enter
into contracts with other FBO's or Airport Tenants which grant the non-exclusive
privilege of operating similar or competitive businesses at the Airport without regard
to the wishes or desires of existing FBO's. All contracts, including lease agreements,
will be written in accordance with and subject to standards applicable at the time of
execution. In the event a new contract agreement gives an unfair economic advantage
to one FBO over another, the City and County may, at its sole option, renegotiate its
contract with the disadvantaged FBO(s); however, under no circumstances will the
City and County be held liable or be required to pay damages for services, equipment,
or any other obligations which were required by past or current contracts.
(h.) Payment Bond: An FBO must show proof of financial responsibility or provide a
bond satisfactory to the Board to assure that the FBO will return the leased property
to an acceptable condition after the term of the lease expires or if the lease is
prematurely terminated.
(i.) Disruptive Solicitation of Business: An FBO may not engage in the solicitation of
its fueling or other services on or about the Airport in a loud, offensive, or
objectionable manner. In the event of such questionable conduct, the Airport
Manager will be the sole judge in determining if said conduct is a violation of the lease
agreement with the City and County and is authorized to take any and all necessary
steps to eliminate the undesirable condition, including, but not limited to,
recommending the termination of the FBO's lease contract.
(j.) Dispute Resolution: An FBO must conduct business on the Airport in such a
manner as to maintain a friendly and cooperative, though competitive, relationship
with other operators engaged in similar businesses on the Airport. An FBO may not
engage in open public disputes, disagreements, or conflicts which would tend to
deteriorate the quality of service of either party involved or which would be
incompatible with the best interest of the public or the Airport. The Airport Manager
has the right to resolve all such disputes, disagreements, or conflicts and the Airport
Manager's determination will be binding upon all FBO's operating at the Airport.
(k.) Cessation of Operations: In the event an FBO ceases to operate for a period
exceeding 90 calendar days, the lease agreement between the FBO and the City and
County shall be deemed to be abandoned in accordance with Section 3(c.) above, and
D:\WPDOCS\FIRPORT\ORD\RUle~ antl Regulations 23
may be terminated at the sole option of City and County. Upon termination in
accordance with this Section 9(k.), the FBO shall immediately return all real and
personal property belonging to City and County to their possession.
Art. 3-V-10. INSURANCE
(a.) Insurance: Each FBO and Airport Tenant shall have in full force and effect insurance
during the entire period of tenancy on the Airport of the following types in not less
than the following amounts:
(I) General Liability Insurance:
Personal Injury (including $1,000,000 per person/$1,000,000 per
death) occurrence
Property Damage $1,000,000 per occurrence
Such insurance policies must include coverage for products liability, completed
operations, and contractual liability.
(2) Hangarkeepers Liability Insurance: If the Airport Tenant or FBO keeps or stores
aircraft or other property owned by a third party on Airport property leased by the
Airport Tenant or FBO, the Airport Tenant or FBO must maintain not less than
$1,000,000 per occur ence of hangar keepers insurance, unless similar coverage exists
under the required general liability policy;
(3) Student Pilot Coverage: If flight instruction is offered by the FBO at the Airport, the
FBO must carry not less than $1,000,000 liability coverage for each student,
(4) Automobile Liability Coverage: Automobile Liability Coverage on all motor
vehicles owned and/or operated by an FBO or Airport Tenant or its employees on the
Airport property in amounts of not less that $1,000,000 combined single limit or
equivalent; provided, however, separate automobile coverage shall not be required if
such coverage is provided under the FBO's or Airport Tenant's general liability
policy;
(5) Property and Casualty Insurance: FBO and other Airport Tenants who own a
hangar or other building located on the Airport which (a) is the subject of a ground
lease with City and County and (b) will become the property of City and County at
the end of the lease term, must maintain fire and casualty insurance insuring against
loss or damage to such improvements due to fire, lightning and all other perils
included in standard extended coverage policies, and vandalism and malicious
mischief, all in amounts of not less than ninety percent (90%) of replacement value of
U \WP~OCS'~d.RPORT\OP.G\Rui eo and Regulations 24
the hangar or other building. Such coverage must be endorsed to name City and
County as loss payees in addition to the owner of the building or hangar.
(b.) Cancellation; Certificates of Insurance: The insurance required by Section 10(a.),
above, shall not be subject to cancellation or material alteration until at least thirty
(30) days written notice has been provided to the City and County. All FBO's and
Airport Tenants shall furnish to the City and County, annually, Certificates of
Insurance showing City and County as an additional insured and evidencing that all
of the herein stated requirements have been met. Any changes to or waivers of
required coverage must have the prior written approval of the City and County.
(c.) City/County Purchase of Property and Casualty Insurance: The City and County,
retain the right, but without obligation to do so, to purchase property and casualty
insurance to insure against losses of Airport property as the result of fire, theft,
windstorm, or other catastrophe. Such insurance shall be solely for the benefit and
protection of City and County and will not cover losses to property owned by other
Airport users, including, but not limited to, the personal property of any FBO or other
Airport Tenant.
Art. 3-V-11. FUEL DELIVERY PERMIT AND FUEL FLOWAGE FEE.
(a.) Fuel Delivery Permit Required: No person, corporation, partnership, association,
or business entity of any kind, or any person acting for or through them, may bring,
or attempt to bring, fuel for aircraft upon the Airport without possessing a valid
Airport Fuel Delivery Permit.
(b.) Issuance of Airport Fuel Delivery Permits: An Airport Fuel Delivery Permit may
be obtained from the Airport Manager by paying to the City the amount of $25.00 and
by signing an agreement to pay all required Fuel Flowage Fees when due. Such
permit shall be valid for one year from the date of issuance.
(c.) Fuel Delivery Permit Required for Self-Fueling: Any person placing motor vehicle
fuel in aircraft owned by that person, where use of such fuel in aircraft is approved,
must obtain an Airport Fuel Delivery Permit as required by Section 11(a.), but shall
not be required to pay the fuel flowage fee required in Section 11(d.) below related
to said motor vehicle fuel.
(d.) Fuel Flowage Fee: Any person, corporation, partnership, association, or business
entity of any kind, or any person acting for or through them, including, but not limited
to, any wholesale fuel distribution company, who delivers fuel to any fuel storage tank
on the Airport or who delivers fuel obtained from a source not on the Airport directly
into an aircraft on the Airport, must pay the amount of $.OS per gallon of fuel
delivered to the Airport or to the Aircraft located on the Airport.
D:`,WPDOCS'-.:RPOP.T\ORD\P.u1es and Regulations 25
(e.) Delivery of Fuel Flowage Fee Payments: Payment of all fuel flowage fees due
pursuant to Section 11(d.), above, must be made not later than the fifteenth (15th) day
of the month following the date said fuel was delivered. Such payment shall be made
payable to "Kerrville/Kerr County Airport Fund".
(f.) Fuel Delivery Reports: The payment of fuel flowage fees shall be accompanied by
a report in a form approved by the Airport Manager that indicates the amount of fuel
delivered to the Airport during the preceding calendar month.
(g.) Fuel Delivery Records to be Maintained: All holders of Airport Fuel Delivery
Permits must retain all records related to the delivery of fuel to the Airport for a
period of three yeazs from the date after fuel to which those records relate was
delivered to a location or aircraft on the Airport. All such records must be made
available to City and County or their representatives during normal business hours.
(h.) Military Aircraft Exempt: Military aircraft conducting operations which require
fueling from U. S. Government facilities shall be exempt from the requirements of this
Section 11.
Art. 3-V-12. PENALTIES AND FINES
(a.) Criminal Penalties: Any person or entity determined to be in violation of this
Chapter shall be subject to the fines and penalties set forth in Article 1-I-8 of this
Code.
(b.) Temporary Suspension of Use: The Airport Manager may deny use of the Airport
for a period not exceeding fifteen (15) days for any person violating or refusing to
comply with any of the rules or regulations set forth in this Chapter pending a hearing
by the Airport Board. Upon such hearing, such person maybe deprived of the further
use of the Airport and its facilities for a period of time as in the discretion of the
Board may appear necessary for the protection of life and property.
(c.) Federal and State Law Not Superseded: The penalties set forth in this Section 12
shall be in addition to, and not in lieu of, and federal or state law penalties applicable
to a particular violation.
SECTION TWO. The provisions of this ordinance aze to be cumulative of all other ordinances
or parts of ordinances governing or regulating the same subject matter as that covered herein;
provided, however, that Ordinance No. 85-2, as amended by Ordinance No. 89-13 (which has been
codified as Article 2-XI-3 of the Code of Ordinances, City of Kerrville, Texas), Article 2-XI-4, and
Article 2-XI-5 of the Code of Ordinances, City of Kerrville, Texas, and all other prior ordinances or
p:\WF^6~5`, F..?.20RT\C~RG'~RU 1es and Regulations 26
parts of ordinances inconsistent with or in conflict with any of the provisions of this ordinance are
hereby expressly repealed to the extent of any such inconsistency or conflict.
SECTION THREE. If any section, subsection, sentence, clause or phrase of this ordinance is,
for any reason, held to be unconstitutional or invalid, such holding shall not affect the validity ofthe
remaining portions of this ordinance. The Council of the City of Kerrville, Texas, hereby declares
that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase
hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or
phrases be declared unconstitutional or invalid.
SECTION FOUR. That this ordinance shall become effective on the first day ofthe calendar
month following passage by the City Council of the City of Kerrville, Texas, and the Cormnissioners
Court of the County of Kerr, Texas.
SECTION FIVE. The City Clerk is hereby authorized and directed to publish the descriptive
caption of this ordinance in the manner and for the length of time prescribed by the law as an
alternative method of publication.
PASSED AND APPROVED ON FIRST READING, this the ~ day of _~'17~,, ,
1997. ~~~
PASSED AND APPROVED ON SECOND AND FINAL READING,
~, 1997.
ATTEST:
G.c~ ~~~
Sheila L. Br d City Clerk
APPROVED AS TO FORM:
evin B. Laughlin, City A torney `
this the L 7 day of
D:\WPDGCS`,A=FPG?T\ORD\RUles and Reyulations 27