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~~
~~1" COMMISSIONERS' COURT AGENDA REQUEST
n
``\~ PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST
AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: William H. Williams
Jonathan Lett
MEETING DATE: March 14, 2005
OFFICE: Commissioner, Pct. 2
Commissioner, Pct. 3
TIME PREFERRED:
SUBJECT: (Please be specific). Consider, discuss and take appropriate action to
approve the Airport Code, which includes Rules and Regulations and Minimum
Operating Standards.
EXECUTIVE SESSION REQUESTED:
NAME OF PERSON(S) ADDRESSING THE COURT: Commissioners Williams and Letz.
ESTIMATED LENGTH OF PRESENTATION: 10 Minutes
IF PERSONNEL MATTER NAME OF EMPLOYEE:
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: 5:00 P.M. previous Tuesday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON: @
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 is appreciated and contributes toward your request being addressed
at the earliest opportunity. See Agenda Request Rule adopted by Commissioners Court.
Asenda Item backup Statement
A new Airport Code, that includes both Rules and Regulations and Minimum
Operating Standards, has been in the development stage since the new Board was seated
several months ago. The new code is intended to replace the existing code which has
been effect since May, 1997.
This code, approved by the Airport Board at its Mazch 1, 2005 meeting for
submission to Commissioners' Court and Kerrville City Council is a collaborative effort
that has involved airport staff, board members, airport users, airport business operators
and other aviation-minded individuals.
PLEASE REFER TO CLEAN COPY OF AIRPORT CODE SENT OVER
BY THE CITY OF KERRVILLE.
February 15, 2005
TO: The Airport Board
FROM: Airport Board Subcommittee
SUBJECT: REVISED DRAFT -AIRPORT CODE
This draft of the Airport Code, which includes the Rules and Regulations and the
Minimum Operating Standards, is _ for your review prior to discussion, revision, and
possible approval at the March 1 Airport Board meeting. (Once approved by the Airport
Board, the Interlocal Agreement requires that the Code also be approved by both the City
Council and the County Commissioners' Court.)
The subcommittee, consisting of Airport Board member Gene Smith, Airport Manager
Dave Pearce, Assistant City Attorney Ilse Bailey, and Airport Board member Roger
Bobertz, have developed this draft after many hours of deliberation and re-drafting. In
doing so, careful consideration was given to suggestions from subcommittee members, as
well as from Airport Board Members MacDonald and Williams, and members of the
Airport Community. Almost all of the suggestions have been incorporated in this draft. In
those few cases where the suggestions have not been incorporated, the subcommittee will
be pleased to discuss their reasoning. We believe this draft is now a workable document.
It is a substantial improvement over the version circulated in December, largely due to
the suggestions and input we have received from the Board and the Airport community,
and we commend it to you for consideration and approval.
Some comments on the draft:
Changes from the December version are noted as follows: deletions are off to the
side in margin notes, and additions are contained within the text in blue..
This draft is clear that all authorities concerning the Airport (except those
withheld by the Interlocal Agreement) reside with the Airport Board. The Airport
Manager's authorities are those that have been delegated by the Airport Board.
(There are several operational authorities that the subcommittee believes should
be delegated to the Airport Manager, and will present them for Board
consideration once the Code is approved.)
..,,
A few issues that the subcommittee wants to highlight for the Board's attention
and discussion are identified with margin notes.
This draft has been posted on the City Website to keep the Airport Community
and general public informed, and to encourage input to the Board's discussions at
the March 1 meeting.
To facilitate your review, we have stayed extremely close to the same Article and
Section organization and numbering as in the December draft. (It'll also work well
with the binder and tabs used for the December draft.)
We look forward to our March discussion. If you have any questions in the meantime,
any of us on the subcommittee will be pleased to answer them.
Office of Administration
City of Kertville
800 Junction Highway
Kerrville, Texas 78028-5069
830.792.8305 (O)
830.792.3850(F)
patr@kemrille.org
Memorandum
From: Patricia Reinhart, Executive Assistant to the City Manager
Date: March 7, 2005
Subject: Attached Airport Code
Attached is the Final Airport Code that will be going before City Council and
Commissioner's Court for approval in the near future.
U:1AirportlA~emos 20051Airport Code.doc
Kerrville/Kerr County Airport
Louis Schreiner wield
AIRPORT MANAGER'S OFFICE
800 Junction Hwy.
Kerrville, Texas 78028
PHONE 830.792.8314
FAX 830.896.8793
AIRPORT
CODE
Kerrville/Kerr County Airport Code
TABLE OF CONTENTS
ARTICLE 1. GENERAL ....................................................................................................	1
Section 1.01. Rules of Interpretation ..........................................................................	1
Section 1.02. General Conditions of Use ....................................................................	2
Section 1.03. Adopted by Reference ...........................................................................	2
Section 1.04. Permission to Use Airport Conditional; Denial of Permission .............	2
Section 1.05. Consent of Airport Board ......................................................................	2
Section 1.06. Notices and Applications ......................................................................	2
Section 1.07. Conflicting Laws, Ordinances, Regulations and Contracts ..................	3
Section 1.08. Application ............................................................................................	3
Section 1.09. Effect of Agreements with Federal Government ..................................	3
Section 1.10. Conformance with Federal, State and other Airport Rules, Regulations
and Agreements ..........................................................................................................	4
Section 1.11. Liability of City/County ........................................................................	4
Section 1.12. Indemnification .....................................................................................	4
Section 1.13. Forms ....................................................................................................	5
Section 1.14. Supplementing information ..................................................................	5
Section 1.15. Payment of Fees and Charges ...............................................................	5
Section 1.17. Payment of Bills and Default of Obligations ........................................	5
Section 1.18. Severability
........................................................................................... 6
Section 1.19. Use of City/County-owned Airport Property ........................................ 6
Section 1.20. Access CodesiDevices .......................................................................... 6
Section 1.21. Runway Weight-Bearing Capacities ..................................................... 6
Section 1.22. Permit not Transferable ......................................................................... 6
ARTICLE II MINIMUM OPERATING STANDARDS ................................................... 7
Article IIA -Application of Minimum Operating Standards ......................................... 7
Section 2A.41. Applicable to All Users ...................................................................... 7
Section 2A.02. Requirements of all Commercial Operators ......................................	. 7
Section 2A.03. Multiple Activities by One Commercial Operator ............................	. 8
Section 2A.44. Activities not Covered by Minimum Operating Standards ...............	. $
Section 2A.05. Waiver or Modification of Standards ................................................	. 8
Article IIB -Airport Business Permit Application Process ..........................................	. 9
Section 2B.41. Airport Business Permit Applications ...............................................	. 9
Section 2B.02. Processing; Denial ............................................................................	10
Section 2B.03. Appeal Process .................................................................................	11
Article IIC -General Contractual Provisions ...............................................................	11
Section 2C.01. Intent of Article ................................................................................	11
Section ZC.02.Overriding Right of Airport Board .......................................... .....	11
Section 2C.03. All Leases, Licenses, Permits, and Agreements Subject to Certain	
Provisions ..................................................................................................................	12
Article IID -Insurance .................................................................................................	13

..........................
-- Section 2D.01. General Insurance Requirements. ..........................	13
Section 2D.02. Additional Insurance Required ........................................................	14
Section 3A.19. Access Codes/Devices .....................................................................	30
_
Section 3A.20. Self-services .....................................................................................	31
Section 3A.21. Major Aircraft Alterations and Repair .............................................	31
Section 3A.22. Maintenance of Premises .................................................................	31
Section 3A.23. Waste Containers and Disposal ........................................................	31
Section 3A.24. Storage, Transfer and Cleanup Charges ...........................................	31
Section 3A.25. Model Aircraft, Kites, Fireworks, etc ..............................................	32
Section 3A.26. Commercial Photography ...................................................:............	32
Section 3A.28. Animals .........................................................................:..................	32
Section 3A.29. Disorderly Conduct, Intoxicating Liquors, etc .................................	32
Section 3A.30. Property Damage, Injurious or Detrimental Activities ....................	32
Section 3A.31. Alteration of Airport Property ..........................................................	33
Section 3A.32. Lost articles ......................................................................................	33
Section 3A.33. Abandoned Property ........................................................................	33
Section 3A.34. Flying Clubs .....................................................................................	33
Section 3A.35. Living Quarters ................................................................................	34
Section 3A.36. Through-the-Fence Policy ................................................................	34
Article IIIB - Aircraft Rules ........................................................................................	34
Section 3B.1. Landing and Takeoff of Aircraft ........................................................	34
Section 3B.2. Aircraft Wingspan Restrictions ..........................................................	34
Section 3B.3. Traffic Patterns and Noise Abatement Procedures ............................	34
Section 3B.4. Traffic Pattern Altitudes .....................................................................	34
Section 3B.5. Disabled Aircraft ................................................................................	35

. . ............................................................................
Section 3B.6. Ultra-light. Aircraft.	35
Section 3B.7. Running of Aircraft Engines .......................................:......................	35
Section 3B.8. Exhaust and Propeller Blast ...............................................................	35
Section 3B.9. Taxiing of Aircraft .............................................................................	35
Section 3B.10. Common Air Traffic Advisory Frequency .......................................	35
Section 3B.11. Accident Reports ..............................................................................	36
Section 3B.12. Interfering or Tampering with Aircraft Prohibited ..........................	36
Article IIIC -Vehicles, Pedestrians, Etc ......................................................................	36
Section 3C.1. General requirements .........................................................................	36
Section 3C.2. Licensing, Registration and Insuring of Vehicles ..............................	37
Section 3C.3. Control of Vehicles ............................................................................	37
Section 3C.4. Speed Limits .......................................................................................	37
Section 3C.5. Authority to Remove Vehicles ...........................................................	37
Section 3C.6. Scooters, Bicycles, and Miscellaneous Vehicles ...............................	37
Section 3C.7. Motor homes, Boats and Recreational Vehicles ................................	37
Section 3C.8. Parking Restrictions ...........................................................................	38
Section 3C.9. Pedestrians in the Airside Area ..........................................................	38
Section 3C.10. Vehicle Repair ..................................................................................	38
Article IIID -- Fueling, Flammable Fluids, and Safety .................................................	38
Section 3D.1. Fuel Safety .........................................................................................	38
Section 3D.2. Unauthorized Fuel Possession and Storage .......................................	38
Section 3D.3. Storage of Aircraft Fuel Trucks, Trailers and other Aircraft Refueling
-~ Devices ......................................................................................................................	38
Final Draft iii
Approved by Joint Airport Board 03/01!05
ARTICLE 1. GENERAL
Section 1.01. Rules of Interpretation.
(a) For purposes of interpreting this Code, the following definitions of words
shall apply:
1. words used in the present tense include the future tense;
2. words used in the singular include the plural;
3. words used in the masculine gender include the feminine gender;
4. the words "shall," "must" and "will" are mandatory;
5. the words "may" and "should" are permissive;
b. the word "building" includes the word "structure", and
7. the term "used for" includes "designed for" or "intended for" or
"maintained for", and "occupied for".
8. capitalized terms are generally terms with specific intended meanings,
the definitions of which are contained in the `~7efinitions" section of
this Code, Article VIII.
(b) Unless specifically provided otherwise, in computing any period of time
prescribed or allowed herein, the day of the act, event, or default from which
the designated period of time begins to run shall not be included. The last day
of the period so computed is to be included, unless it is a Saturday, Sunday or
a legal holiday, in which event the period runs until the next regular business
day. When the period of time prescribed or allowed is less than seven (7)
days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in
the computation. Ahalf-holiday shall be considered as a day to be counted,
and not as a legal holiday, for purposes of time computation herein. "Legal
holiday" includes any holiday designated as a holiday by the Congress of the
United States or by the Texas legislature. Whenever a notice, petition or other
document is required to be filed within a specified time period, the notice,
petition or other document must be filed with the appropriate office or
individual not later than 5:00 p.m. on the last day of the period computed.
(c) Where this Code requires an act on the part of an "owner" or "lessee" or other
individual, and the property or item is owned, leased or otherwise under the
control of several Persons, regardless of the relationship between them, the act
Unless expressly provided otherwise, any notice or application to the Airport Board must
be delivered to the Airport Manager during normal business hours at the Airport
Manager's Office in order to be considered effective.
Section 1.07. Conflicting Laws, Ordinances, Regulations and Contracts.
(a) In any case where a provision of this Code or an Airport Rate or Charge
adopted hereunder is found to be in conflict with (i) any law or regulation
promulgated by a higher state or federal authority, or (ii) any. other provision
of this Code, or regulations adopted hereunder, or (iii) in conflict with a
provision of any zoning, building, fire, safety, health or other ordinance or
code of the City/County, either the higher authority, or the provision which
establishes the higher standard for the promotion and protection of the health
and safety of the people shall prevail.
(b) In cases where two (2) or more provisions of this Code are in conflict, the
most stringent or restrictive shall prevail.
(c) It is not intended by this Code to repeal, abrogate, annul, or in any way impair
or interfere with existing provisions of other laws or ordinances, except those
specifically repealed by this Code, or to excuse any Person from performing
obligations under any Airport lease or other contract.
'` (d) No existing or future Airport contract, lease, agreement or other contractual
arrangement, nor any payment or performance there under, shall excuse full
and complete compliance with this Code. Compliance with this Code shall not
excuse full and complete compliance with any obligations under any existing
or future Airport contract, lease, agreement or other contractual arrangement.
(e) Compliance with this Code does not excuse failure to comply with any other
law.
Section 1.08. Application.
Except where expressly limited by its terms, this Code is effective throughout the
City/County, where applicable.
Section 1.09. Effect of Agreements with Federal Government.
All lease agreements and permits and other contractual or governmental arrangements to
which the City/County may be a party shall be subordinate to the provisions of any
existing or future agreement between the City/County and the United States relative to
the operation and maintenance of the Airport.
Final Draft 3 _ _ __ _ , __ _.
Approved by Joint Airport Board 03/01/05 -
Section 1.13. Forms.
The Airport Board shall have authority to specify forms to be used for applications,
permits, payments, reports and other documents required under this Article and to reject
any documents not conforming to said forms.
Section 1.14. Supplementing information.
Within fifteen (15} calendar days upon discovery of a material misstatement, omission or
other inaccuracy or material change in any information submitted in any application,
report or other document provided to the Airport Board or the Airport Manager, the
Person submitting the information shall inform the Airport Manager in writing of the
inaccuracy or change and shall provide the Airport Manager with the correct information
in writing.
Section 1.15. Payment of Fees and Charges.
Unless otherwise provided for in this Code, no Person shall perform any activity for
which a fee or charge is imposed under this Code without first reporting the activity to
the Airport Manager and paying the appropriate fee as identified in the Airport Rates and
Charges schedule. Notwithstanding the preceding sentence, when a reporting procedure
in this Code specifically provides for subsequent reporting, prior reporting is not
required. Fees, rates and charges for use of any Airport facilities and for any service or
accommodations provided by the Airport shall be as set by the Airport Board.
Section 1.16. Airport-related Fee Administration and Collection.
The Airport Manager shall be responsible for the administration and collection of
Airport-related fees and charges.
Section 1.17. Payment of Bills and Default of Obligations.
All bills presented to Airport users by the Owners or their designee are payable upon
presentation. When any Person is formally notified that he is in default of any written or
implied obligation to the Airport, whether it be for breach of performance, services,
covenants, or for nonpayment; the Person shall thereafter be billed for all losses of
revenue and expenses incurred to reestablish performance or service and other costs,
unless the Person files with the Airport Manager within ten (10) calendar days of receipt
of the formal notification a statement that corrective or preventive measures have been
initiated and are being diligently carried out. If the promises contained in the statement
are not fulfilled, the Person will be considered in absolute default and -the -Airport
Manager may initiate appropriate lawful steps. Airport billings are to be made payable to
the Airport and shall be delivered to the Airport Manager.
Final Draft 5
Approved by Joint Airport Board 03/01/05
AR TICLE II MINIMUM OPERATING STANDARDS
Article IIA -Application of Minimum Operating Standards.
Section 2A.Q1. Applicable to All Users.
All Persons conducting Commercial Activities (Commercial Operators) at, the Airport
shall, as a condition of conducting such activities, comply with these Minimum Operating
Standards and any amendments thereto. The requirements set forth herein are the
minimum standards applicable to all Commercial Operators at the Airport, but the
Commercial Operators are encouraged to exceed these minimums in conducting their
activities. These Minimum Operating Standards shall be deemed to be a part of each
Commercial Operator's Lease, license, permit or agreement with the Airport Board
unless any such standards or provisions aze expressly waived or amended by the Airport
Board.
Section 2A.02. Requirements of all Commercial Operators.
Each Commercial Operator Shall:
(a) Comply with the Airport Code, and any other regulations approved by the
,,._ Airport Board for the safe, orderly and efficient operation of the Airport;
(b) have use of sufficient space in an existing facility, through lease or other
agreement, to accommodate the proposed operation, or shall lease a minunum
of one-half (1/2} acre of contiguous Airport property of which 85 percent must
be developed, in the form of buildings, pazkings lots, ramps, etc., sufficient to
accommodate the proposed operation;
(c) Maintain insurance as required by the Airport Code;
(d) Pay all applicable established fees and charges when due;
(e) Prior to commencing any operations, submit all applicable Airport Business
Permit application(s) to the Airport Manager, and receive approval therefor;
(f) For its employees, provide adequate office space, adequate lounge, restroom,
and automobile parking facilities;
(g) For its customers, where applicable, provide adequate HangarlPatio Hangar
facilities, use of a paved Aircraft pazking Apron, use of paved automobile
pazking spaces, restrooms, and a lounge or waiting room;
.__.
Final Draft ~ - - _ _ _
Approved by Joint Airport Board 03!01/OS
Article IIB -Airport Business Permit Application Process
Section 2B.01. Airport Business Permit Applications.
Any Person who desires to conduct any Commercial Activities at the Airport shall, prior
to conducting such activities, submit an Airport Business _ Permit application to, and
receive approval thereof, from the Airport Manager, where applicable. In addition to the
following requirements, the Airport Manager may require the applicant to provide
additional information should it be necessary to ensure compliance with these Minimum
Operating Standards. The applicant shall, at minimum, submit the following
documentation with the application:
(a) A detailed description of the scope of the intended operations, including all
services to be offered;
(b) The amount of land, office space, andJor Aircraft storage areas required for the
operation;
(c) A detailed description of any improvements or modifications to be constructed
or made to Airport property, including cost estimates and a construction
timetable;
~.- (d) The proposed hours of operation;
(e) Documentation of the applicant's financial capabilities to construct any
improvements and to conduct any proposed activities;
(f) A detailed description and/or evidence of the applicant's technical abilities and
experience in conducting the proposed activities, including Personal
references;
(g) The commencement date for the applicant's activities and the term of the
lease, license, permit or agreement sought, including all option periods;
(h) One of the following:
1. Corporate applicants shall provide a copy of the articles of incorporation as
filed with the Secretary of State;
2. Limited Liability Company applicants shall provide a copy of the articles of
organization as filed with the Secretary of State;
3. Limited Partnership applicants shall provide a copy of the certificate of
limited partnership as filed with the Secretary of State; or
Final Draft 9
Approved by Joint Airport Board 03/01/OS
,_. Section 2B.03. Appeal Process.
(a) An applicant may appeal denial of an application for an Airport Business Permit
or the revocation of the same by providing written notice to the Airport Manager
of intent to appeal within ten (10) calendar days of said denial.
(b) If the tenth day falls on a weekend or holiday, the notice of appeal shall be
considered effective if it is delivered to the Airport Manager before 5:00_ o'clock
p.m. on the first regular business day following the expiration of the ten (10) days
specified herein.
(c) The Airport Board shall hear and decide all appeals from the Airport Manager's
decision to revoke or deny an application for an Airport Business Permit. Upon
receipt of written notice of intent to appeal, the Airport Manager shall schedule a
hearing on the appeal, which hearing shall be held no later than 10 days after
notice of appeal is received by the Airport Manager.
(d) Applicant shall be notified in writing of the date, time and place of the scheduled
appeal review by the Airport Board, and of the applicant's right to appear and
participate in the appeal hearing.
(e) If Applicant fails to appear at the hearing, the appeal shall be deemed to have been
waived by Applicant, and the denial of the permit shall become final.
(f) If the Applicant appears at the hearing, the Airpart Board shall permit the
applicant and the Airport Manager to present arguments and evidence, and may
ask questions of each.
(g) The Airport Board shall render its decision in writing within ten (10) calendar
days after the conclusion of the appeal hearing, and its decision shall be final.
Article IIC -General Contractual Provisions
Section 2C.01. Intent of Article.
These regulations prescribe Minimum Standards for the conduct of Commercial
Activities at the Airport and specify certain clauses that will be included in lease, license,
permit or concession agreements enabling the conduct of such activities. The terms
herein shall be applied uniformly to all Persons operating on or desiring to operate from
the Airport.
Section 2C.02.Overriding Right of Airport Board.
Any clause herein to the contrary notwithstanding, the Airport Board reserves the right to
develop and make any improvement to the Airport or to make any repairs to the Airport
or any facility thereon that it deems is in its and the public's best interest. The Airport
Board may make any change in any or all of the Minimum Operating Standards, Leases,
Final Draft 11
Approved by Joint Airport Board 03/01/05
,,..~ Article IID -Insurance
Section 2D.01. General Insurance Requirements.
Each Commercial Operator shall at all times maintain in effect the following types and
minimum amounts of insurance as applicable to the business to be conducted:
Amount of Coverage
(Combined Single Limit)
(a) FBO:
Commercial general aviation liability policy with coverages
for premises, operations and product/liability ..................... $1,000,000.00
Commercial General Liability .................................................. $1,000,000.00
Products Completed Operations ..........................................$1,000,000.00
Hangar keeper's liability ............................................. $1,000,000.00
Personal Injury(including death) .........................................$1,000,000.00
(b) Airframe and power plant repair; avionics, instrument or propeller repair:
Commercial general aviation liability policy with coverages
for premises, operations and productlliability ..................... $1,000,000.00
Hangar keeper's liability .............................................. $1,000,000.00
(c) Air taxis and charter:
Commercial general aviation liability policy with coverages
for premises and operations .......................................... $1,000,000.00
Aircraft liability with coverage for bodily injury and property
damage, including passengers ........................................ $1,000,000.00
(d) Aircraft rental fli t training; commercial Flying Club:
Commercial general aviation liability policy with coverages
for premises and operations .......................................... $1,000,000.00
Aircraft liability with coverage for bodily injury and property
damage, including
passengers ................................................................ $1,000,000.00
Student and renter's liability ........................................... $1,000,000.00
Amount of Coverage
Final Draft 13
Approved by Joint Airport Baard 03!01!05
Section 2D.03. Form of Insurance.
All insurance shall be in a form and from an insurance company with a Best's financial
rating of at least B ++ 6. All policies, except worker's compensation policy, shall name
the City/County and their elected or appointed officials, officers, representatives,
managers, commissioners, agents and employees as "Additional Insureds," and the
Commercial Operator shall furnish to the Airport Manager certification of insurances
evidencing the required coverage cited herein prior to engaging in -any commercial
Activities. Such certificates shall provide for unequivocal thirty (30) day notice of
cancellation, or material change of any policy limits or conditions.
Article IIE -General Operational Requirements.
Section 2E.01. Taxiway Access.
If not already provided, each Commercial Operator conducting Aeronautical Activities
shall provide paved access from its Leased premises to the Airport's Taxi-Way/Taxi
Lane/Apron/Ramp system. Such access shall meet all applicable FAA standards for the
lazgest Aircraft type anticipated to use the Commercial Operator's premises.
Section 2E.02. Right-of--Entry Reserved.
"~' The Airport Manager may, at all reasonable times, enter upon each Commercial
Operator's premises for any lawful purpose, provided that such entry does not
unreasonably interfere with the Commercial Operator's use of the premises.
Section 2E.03. Commercial Operator Rates and Charges.
Each Commercial Operator may determine the rates and chazges for all of its activities
and services, provided that such rates and charges are approved as provided for herein
and that they are reasonable and fairly applied to all of the Commercial Operator's
customers.
Article IIF -Fixed Base Operators
Section 2F.01. Fueling.
Only an approved FBO may sell aviation fuel to the general public. Apermit-holder for
self-Fueling Operations shall not dispense Aircraft fuel to another Airport user.
Section 2F.02. Fuel Flowage Fees.
All fueling operators shall pay the Airport Fuel Flowage Fees. Airport Fuel Flowage Fees
will be paid on all fuel (100LL, Jet A, Vehicle, Diesel etc. etc.) dispensed on Airport
property. The fees shall be set by the Airport Board and published in the Airport Rates
.-- and Charges. Airport Fuel Flowage Fees may be revised periodically and adjusted as the
mazket and competitors' prices dictate.
Final Dra$ 15
Approved by Joint Airport Board 03/01/05
,..,, accessories, provided that such subcontractor meets the requirements of these
Minimum Operating Standazds as stated therein and operates from the FBO's
premises and in such areas as aze approved by the Airport Board.
(b) An FBO shall not sublease, permit or allow any other Person to operate as a
Specialized Aircraft Repair Services Operator or as a Specialized Commercial
Flying Services Operator within the FBO leased or permitted azea, or to
conduct any business venture which directly or indirectly relates to
aeronautics or flight, without the prior written approval of the Airport Board.
Section 2F.06. Minimum Requirements of FBO Services.
(a) Aviation fueling:
1. An FBO shall comply with the International Fire Code, 2000 edition, as
published by the International Code Council, Inc., and as amended by the City
Council for the City of Kerrville, FAA Advisory Circular 150/5230-4, as
amended, all requirements of the Airport Code, and all other applicable laws
and regulations related to Aircraft fuel handling, dispensing and storage.
2. An FBO shall construct (or install) and maintain an on-Airport above ground
fuel storage facility in a location approved by the Airport Manager. The fuel
storage facility shall have total capacity for three days supply of aviation fuel
for both Jet and Avgas serviced by the FBO. In no event shall the total storage
capacity be less than:
• 12,000 gallons for Jet fuel storage;
• 12,000 gallons for Avgas storage; and
• An FBO shall demonstrate the capability to expand fuel storage
capacity within a reasonable time period.
Nothing in this section shall preclude the construction and operation of a
shared fuel farm by one or more FBO's.
3. An FBO shall not construct or modify any fuel storage or distribution facilities
without the written consent of the Airport Board.
4. An FBO shall provide dispensing equipment sufficient to serve the needs of
the Aircraft normally frequenting the Airport, including the provision of at
least two Jet fuel refueling vehicles and one Avgas refueling vehicle. Jet fuel
refueling vehicles shall have single-point and over-the-wing fueling
capabilities and minimum capacity of 2,000 gallons. Avgas refueling vehicles
shall have minimum capacity of 750 gallons. An FBO shall have access to a
..--- back-up Avgas refueling vehicle (with the same capabilities and minimum
capacities). All equipment must be approved by the Airport Manager prior to
Final Draft 17
Approved by Joint Airport Board 03/01/05
An FBO shall provide retail sales of Aircraft parts and accessories as are
necessary for the servicing of Aircraft types expected to use the Airport.
Section 2F.07. Monthly Fees.
(a) An FBO shall pay fees as prescribed by lease, license, permit or agreement,
and as are published in the Airport Rates and Charges. At a minimum, said
lease, license, permit or agreement shall include a monthly land rental
payment commensurate with market rates, and the Airport Fuel Flowage Fee.
(b) All payments due the Airport shall be made in a form prescribed by the
Airport Board.
Article IIG -General Aviation Specialty Services
Section 2G.01. Hangar/Patio Hangar Leasing Services.
A Hangar Leasing Services Operator may engage in the business of constructing and
operating Hangars and/or Patio Hangars to be leased. A Hangaz Leasing Services
Operator shall comply with the following:
(a) Lease sufficient land to accommodate the proposed number of hangars and/or
Patio Hangars based on the following.
1. Compliance with any applicable FAA minimum standards for the storage of
Aircraft for Hangars and Patio Hangars.
2. Hangar Leasing Services Operator shall register with -the Airport Board
only as many Aircraft to be based at the Airport as can be stored within
the Operator's Hangars or Patio Hangars under all applicable minimum
standards.
(b) The construction plans and specifications for any Hangars and/or Patio
Hangazs to be constructed are subject to the written approval of the Airport
Board.
Section 2G.02. Aircraft Sales Services.
An Aircraft Sales Services Operator shall:
(a) Lease from an Airport Tenant or the Airport Board a minimum of 100 square
feet of office space.
(b) If conducting sales services, maint i in an approved Aircraft dealer's certificate
from the State of Texas.
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,,,, (a) Employ and have on-duty during normal business at least one Person who is
currently certified by the FAA with ratings appropriate to the services offered;
and
(b) Not conduct operations or business activities at any time inside Hangars other
structures not designed for such functions. Specific lease agreements and/or
fire codes shall determine what Hangazs or other structures shall be approved
for the Operator's Specialized Aircraft Repair Services;
Section 2G.07. Aircraft Charter Services.
An Aircraft Charter Services Operator shall:
(a) Have use of appropriate office space;
(b) Have on-duty during normal business hours at least one Person who holds
current FAA commercial pilot and medical certificates and ratings appropriate
for the Operator's flight activities. All flight crews shall be properly rated for
the Aircraft operated, and the Operator shall provide reasonable assurance of
the continued availability of qualified operating crews;
(c) Own or lease exclusively by written agreement Aircraft currently certified and
continuously airworthy. All Aircraft shall meet the requirements of the FAA
certificate held by the Aircraft Charter Service Operator; and
(d) Have and provide the Airport Manager with, a current FAR Part 135
Certificate or provisional FAR Part 135 Certificate, as well as the Aircraft
identification page from the operating specifications listing all Aircraft on the
certificate.
Section 2G.08. Specialized Commercial Flying Services.
A Specialized Commercial Flying Services Operator shall:
(a) Have use of appropriate office space, either at the Airport or at such other off-
Airport location as needed for proper operation of the Commercial Flying
Services; and
(b) Have on-duty during normal business hours at least ane Person who holds
current commercial pilot and medical certificates with appropriate ratings for
the Aircraft to be flown.
Section 2G.9. Mobile Aircraft Washing Services.
Aircraft washing is restricted to designated wash rack areas and/or other areas permitted
-- under an approved Aircraft-washing plan. Mobile Aircraft Washing Services Qperators
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Section 2G.10. Mobile Aircraft Maintenance and Repair Services.
(a) A Mobile Aircraft Maintenance and Repair Services Operator shall:
1. Employ at least one Person, to be on duty during normal business hours,
who is currently certified by the FAA with ratings appropriate to the work
being performed and who holds an airframe, power plant, or Aircraft
inspector rating; or
(2) Only conduct Aircraft maintenance and repair services on piston Aircraft
weighing less than 12,500 pounds certificated maximum takeoffweight
(b) A Mobile Aircraft Maintenance and Repair Services Operator shall not
conduct Mobile Aircraft Maintenance or Repairs or business activities at any
time inside Hangars or other structures not designed for such function.
Specific lease agreement and fire codes shall determine what Hangars or other
structures shall be approved for Mobile Maintenance and Repairs.
Section 2G.11. Airport Rental Vehicle Concession Services.
For purposes of determining which of the Airport Rates and Charges apply to a Vehicle
rental, a Vehicle shall be considered to be rented at the Airport if:
"~ (a) The Vehicle is delivered to the customer at the Airport; or
(b) The rental agreement is entered into at the Airport even though the Vehicle is
delivered elsewhere; or
(c} The customer is picked up at the Airport and transported to the Operators' off-
Airport location for the purposes of renting a Vehicle.
(d) The Vehicle was reserved in advance at the Airport; or
(e) A Vehicle rented at the Airport is exchanged for another Vehicle at any
location within twenty-five (25) miles of the Kerrville Airport for a time
period running consecutively with the original rental agreement.
Section 2G.12. Airport Catering Services.
For purposes of determining which of the Airport Rates and Charges apply, catering
services shall he considered to be airport catering services if catering is delivered to the
customer at the Airport for the purpose of in-flight food service.
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ARTICLE III -AIRPORT RULES AND
REGULATIONS
Article IIIA General Rules And Regulations For Use Of Airport
Section 3A.01. Purpose of Rules and Regulations.
Airport Rules and Regulations provided in this document and any amendments thereto,
adopted pursuant to the Airport Code, aze intended for the safe, orderly and efficient
operation of the Airport, and apply to all Persons using the Airport for any reason.
Section 3A.02. Conflicting Laws, Ordinances, Regulations and Contracts.
(a) In any case where a provision of these Regulations is found to be in conflict
with any other of its provisions, or to be in conflict with a provision of any
zoning, building, fire, safety, health or other ordinance, code, rule, or
regulation of the City, County, or state the provision which establishes the
higher standard for the promotion and protection of the health and safety of
the public shall prevail.
,.,^ (b) In cases where two or more provisions of Airport Rules and Regulations aze in
conflict, the most stringent or restrictive shall prevail.
(c) It is not intended by these regulations to repeal, abrogate, annul, or in any way
impair or interfere with existing or future provisions of other laws, ordinances,
codes, rules or regulations except those specifically repealed by this Code, or
to excuse any Person from performing obligations to the City or County under
any existing or future Lease or other contract, and compliance with these
regulations does not excuse failure to comply with any other law.
Section 3A.03. Responsible party.
Any Person accessing the Airport shall be responsible for his actions and all actions of
any Person to whom he provide access, whether directly or indirectly.
Section 3A.04. Minimum Operating Standards.
Prior to commencing any Aeronautical or Commercial Activities at the Airport, all
Persons shall comply with all applicable requirements concerning such activities as are
set forth in this Code.
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,_ (f) If the appellant fails to attend the hearing, the appeal shall be deemed to have been
waived, and the Airport Manager's decision shall become final.
(g) The Airport Board may announce its decision orally at the conclusion of the
hearing, but in any event shall render its decision in writing within ten (10}
calendar days after the conclusion of the appeal hearing, unless all parties
stipulate that additional time is required in order for the Airport Board to render a
fair decision. The Airport Board's decision shall be based on a preponderance of
the evidence found, and its decision shall be final.
(h) When a denial of use is the subject of an appeal under this Section, the denial of
use shall not be effective unless it is sustained by the Airport Board. The denial of
use shall be effective immediately when the ruling is made by the Airport Board
at the time of the hearing, or upon mailing of the written notice of ruling as
provided in this section, when the ruling is made at a time after the hearing is
concluded
Section 3A.08. Aircraft Parking.
(a) No Person shall park any Aircraft at the Airport except within an Aircraft
Parking or Storage azea.
(b) No Person shall park an Aircraft in an Aircraft Parking and Storage area
`~' without first having obtained an Aircraft Storage permit if such a permitting
process is then in effect.
(c) Any Person who parks an Aircraft in a transient Aircraft Parking and Storage
area shall remit to the Airport Manager or FBO any applicable transient
parking fees, as approved by the Airport Board.
(d) Any Aircraft pazked in violation of this section that presents an operational or
safety concern in any area of the Airport, shall be moved on order of the
Airport Manager, the Owner's expense. The City/County shall not be liable
for any damages that may result from the relocation of the Aircraft.
Section 3A.09. Aircraft Hangars.
(a) Aircraft storage Hangars shall only be used for the following purposes:
1. Storage and parking of Aircraft and associated Aircraft equipment and
supplies as approved by the Airport Manager. Aircraft parked in
Hangars and Patio Hangars shall be parked in a manner so as to be
completely contained in their designated space and not obstruct
adjacent Aircraft Parking and Storage areas or Taxi-lanes, except for
purposes of immediate and temporary staging and fueling of such
~-~ Aircraft; and
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1. Storage and parking of the Aircraft listed on the Aircraft Storage Permit, if
any, for that Patio-Hangar or Tie-Down permittee. Aircraft will be pazked
in a manner so as to be completely contained within the Aircraft parking
space and not obstructing adjacent Aircraft Parking and Storage areas or
Taxi Lanes, except for purposes of immediate and temporary staging and
fueling of such Aircraft; and
2. Conducting Preventive Aircraft Maintenance on the Aircraft listed on the
Aircraft Storage Permit, if any, .for that Patio-Hangar or Tie-Down and in
accordance with applicable regulations.
(b) Use ofcolor-coded Tie-Downs, if any, shall be subject to the following
restrictions:
1. Tie-Downs painted white aze reserved tie-downs and shall not be used
without the user first receiving an approved Aircraft Storage Permit; and
2. Tie-Downs painted yellow are Transient Aircraft Tie-Downs for the
purposes of short-term or overnight parking. No Person shall park an
Aircraft in a Transient Aircraft Tie-Down for a period greater than
fourteen (14) consecutive calendar days unless identified by an FBO as a
Transient Aircraft client. If any Aircraft is parked iri violation of this
section, or, in the determination of the Airport Manager, presents an
operational or safety concern in any azea of the Airport, the Airport
Manager may cause said Aircraft to be delivered into the care of an FBO
at the Airport at the Owner's/Operator's expense and without liability for
damage which may result in the course of such moving.
Section 3A.12. Aircraft Maintenance Areas.
Aircraft maintenance areas as designated by the Airport Board, shall only be used for
Preventive Aircraft Maintenance and in accordance with the posted rules at each
maintenance area. Major Aircraft Alterations and Repairs shall only be conducted in
designated Aircraft maintenance areas.
Section 3A.13. Wash Racks.
Wash racks shall be used for purposes of washing and polishing Aircraft, and any other
purpose approved by the Airport Manager. Washing/cleaning materials and run-off shall
be used and disposed of in compliance with all applicable federal, state, county and local
laws and regulations.
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Section 3A.20. Self-services.
(a) Persons are permitted to fuel, wash, repair, paint, or otherwise service their
own Based Aircraft, provided there is no attempt to perform such services for
others and further provided that such right is conditioned upon compliance
with these Regulations and all applicable laws.
(b) An Aircraft owner may hire an individual or a Technical Specialist to provide,
under his direction and supervision, services only on the owner's. Based
Aircraft.
(c) Aircraft owners shall notify the Airport Manager at least one (1) hour in
advance of any Technical Specialist performing maintenance services on any
Aircraft.
Section 3A.21. Major Aircraft Alterations and Repair.
Major Aircraft Alterations and Repairs are prohibited on the Airport except:
(a) By a Person holding a valid Airport Business Permit, if any, for such activity;
or
(b) By the owner of the Aircraft in compliance with these regulations.
Section 3A.22. Maintenance of Premises.
All Persons having possession, control or use of any portion(s) of the Airport shall at all
times maintain such premises in clean, serviceable, safe and operable condition and
repair. No Person shall store or stock materials or equipment in such a manner as to be
unsightly or constitute a hazard to Personnel or property, as determined by the Airport
Manager.
Section 3A.23. Waste Containers and Disposal.
All Persons using the Airport shall dispose of all waste in appropriate waste containers.
All waste disposal shall be in accordance with direction by the Airport Manager and all
applicable laws and regulations.
Section 3A.24. Storage, Transfer and Cleanup Charges.
The Airport Manager may call upon City or County law enforcement officers or other
government officials to remove and impose storage, removal and transfer charges upon
any property unlawfully located at the Airport. The Contractor may clean up any material
unlawfully spilled, placed or otherwise deposited at the Airport and may assess the cost
of the cleanup and any and all related expenses against the responsible Person.
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,,,._ Section 3A.31. Alteration of Airport Property.
No Person shall make alterations to any signs, Buildings, Aircraft Parking and Storage
areas, Leased Areas or other Airport property, nor erect any signs, Buildings or other
structures without prior written permission of the Airport Manager. Such Persons shall
comply with all building codes and permit procedures of the Airport and shall deliver to
the Airport Manager as-built plans upon completion.
Section 3A.32. Lost articles.
Lost articles found in public areas of the Airport shall be turned in to the Airport
Manager's Office or to an FBO staff member. Unclaimed articles will be disposed of as
Abandoned Property according to law.
Section 3A.33. Abandoned Property.
No Person shall abandon any property on Airport property or in any Building on the
Airport.
Section 3A.34. Flying Clubs.
A Flying Club ("Club") shall meet the following standards:
`~' (a) At the time of applying for a lease, license, permit or agreement with or from
the Airport Board to operate at the Airport, the Club shall furnish the Airport
Manager with a copy of its documents of organization; the Club's list of
members, including names of officers and managers; evidence of required
insurance; a description of all Aircraft used; evidence that such Aircraft are
properly certificated; evidence of Ownership of such Aircraft; and any
operating rules of the Club;
(b) All Aircraft used by the Club shall be owned by the Club or leased exclusively
by written agreement to the Club, and all Ownership or lease rights to such
Aircraft must be vested on a pro-rata basis in all of the Club's members. The
property rights of the Club members shall be equal, and no part of any
revenues received by the Club shall inure to the direct benefit of any member
(e.g., by salary or bonus). The Club shall not derive greater revenue from the
use of its Aircraft than the amount necessary for the operation, maintenance
and replacement of its Aircraft and facilities;
(c) The Club's Aircraft shall not be used by any Person other than the Club's
members and shall not be used by any Person far hire, charter or air taxi.
Flight instruction maybe given in Club Aircraft; and
(d) The Club shall pay fees as prescribed by Lease, license, permit or agreement,
-- and any applicable fees identified on the Airport rates and fees schedule.
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(a) Helicopters, five hundred (500) feet (AGL).
(b) Propeller (piston), one thousand (1,000) feet (AGL).
(c) Turbine-powered, one thousand five hundred (1,500) feet (AGL).
Section 3B.5. Disabled Aircraft.
Aircraft owners and operators shall be responsible for the prompt removal of disabled
Aircraft and parts thereof, unless required or directed by the Airport Manager or the FAA
or the NTSB to delay such action pending an investigation of an Accident. In the event
of failure to promptly remove such disabled Aircraft, the Airport Manager may cause the
Aircraft to be removed and bill the owners thereof for all charges incurred in the removal.
The City/County shall not be responsible for damage to disabled Aircraft removed by the
owner, the operator, or other Persons.
Section 3B.6. Ultra-light Aircraft.
No ultralight Aircraft may land or take off at the Airport without prior written permission
of the Airport Manager and having complied with all sections of FAR Part 103.
Section 3B.7. Running of Aircraft Engines.
~' Aircraft engines shall only be run at idle except as may be necessary for safe taxiing
operations, taking off, landing, preflight testing, and maintenance testing. At no time
shall Aircraft engines be operated while the Aircraft is in a Hangar or Patio-Hangar. All
Aircraft preflight engine run-ups shall be conducted in the appropriate run-up areas.
Section 3B.8. Ezhaust and Propeller Blast.
No Aircraft engine shall be started or Aircraft taxied where the exhaust or propeller blast
may cause injury to Persons, or do damage to property, or spread debris.
Section 3B.9. Taaciing of Aircraft.
No Person shall taxi an Aircraft without first taking all necessary precautions to prevent a
collision with other Aircraft, Persons or objects. Aircraft shall not be taxied into or out of
any Hangar, Patio-hangar, or other covered area. No Person shall taxi an Aircraft except
on areas designated for taxiing. If it is impossible to taxi Aircraft in compliance with this
section, then the engine must be shut off and the Aircraft towed.
Section 3B.10. Common Air Traffic Advisory Frequency.
Aircraft operators shall utilize the common air traffic advisory frequency, 122.7 MHz; to
broadcast their intentions as provided in the Aeronautical Information Manual (AIM)
°` Chapter 4.
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,,,_ to monitor 122.7, the common air traffic frequency for the Airport, and have
the ability to communicate with Aircraft via atwo-way aviation radio.
Section 3C.2. Licensing, Registration and Insuring of Vehicles.
(a) No Person shall operate a vehicle of any kind on the Airport without proper
registration and a valid state operator's license.
(b) All vehicles shall maintain the appropriate type and amount of vehicle liability
insurance required by state law.
Section 3C.3. Control of Vehicles.
No Person shall operate or park a Vehicle at the Airport in a manner prohibited by signs,
pavement markings or other posted signals, or in violation of these Regulations.
Section 3C.4. Speed Limits.
All Vehicles shall be operated in compliance with any posted speed limits at the Airport.
The maximum speed limit for all Vehicles in the Airside area, with the exception of
authorized municipal vehicles in the performance their official duties, is fifteen (15)
miles per hour, unless posted otherwise.
~' Section 3C.5. Authority to Remove Vehicles.
The Airport Manager may cause to be removed from any area of the Airport any Vehicle
which is disabled, abandoned, parked in violation of these regulations, or which presents
an operational problem to any area of the Airport, at the operator's expense and without
liability for damage which may result in the course of such movement.
Section 3C.6. Scooters, Bicycles, and Miscellaneous Vehicles.
No Person shall use at the Airport any Vehicle not licensed or otherwise permitted by
state law for operation on a public street or highway. This section does not pertain to
City/County Vehicles or Vehicles used solely for tugging, marshaling, or refueling
Aircraft. On a case-by-case basis, and with the prior written approval of the Airport
Manager, other modes of transportation maybe used on the Airport.
Section 3C.7. Motor homes, Boats and Recreational Vehicles.
Motor homes, boats, and recreational Vehicles shall not be stored anywhere on the
Airport unless in accordance with an approved lease, or with the consent of the Airport
Board.
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^. feet from a Building, or such other distance as shall be approved by Airport
Manager and City Fire Department.
(b) Aircraft refueling Vehicles shall be parked in a manner, which provides a
minimum of ten (10} feet of separation between said Vehicle and any other
Vehicle or Aircraft refueling device.
(c) No Aircraft refueling Vehicle, Aircraft fuel container, or other Aircraft
refueling device, empty or otherwise, shall be brought into,. kept or stored
within any Building at the Airport unless the Building is used exclusively for
that purpose.
Section 3D.4. Aircraft Fueling Locations.
All Aircraft fueling shall be performed outdoors. Aircraft being fueled shall be positioned
so that Aircraft fuel system vents or fuel tank openings are not closer than twenty-five
(25) feet from any Building, Patio-Hangar or Hangar unless otherwise approved by the
Airport Manager and City Fire Department.
Section 3D.5. Fueling Requirements.
An FBO or self-fueling Operator shall not engage in Fueling Operations at the Airport
without having first been issued a Fueling Operations Permit by the Airport Manager.
Section 3D.6. Applications; issuance and renewal:
(a) An application for the issuance or renewal of a Fueling Operations Permit
shall be on file with the Airport Manager on an application form provided for
that purpose, which must be signed by the applicant;
(b) When an application has been filed with the Airport Manager, he shall make
an inspection of such applicant's site, equipment and fuel for the proposed
Fueling Operations in order to ensure compliance with all applicable laws,
ordinances or regulations;
(c) The Airport Manager shall issue or renew a Fueling Operations Permit within
30 days of receipt of an application unless one or more of the following is
found to be true:
1. The applicant has failed to provide required information or has provided
false information in his application;
2. The applicant's proposed Fueling Operations will violate an applicable law,
ordinance or regulation;
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-- (b) At least two (2) fire extinguishers, each having a rating of at least 20-BC, shall
be available for use in connection with Aircraft Fuel Handling Operations.
Section 3D.11. Underground Tanks.
There shall be no underground fuel storage tanks at the Airport.
Section 3D.12. Moveable Fuel Storage Tanks.
Unless otherwise approved by the Airport Manager moveable fuel storage tanks are
prohibited at the airport except for:
(a) Fuel trucks constructed, operated and maintained in all respects as required by
law;
(b) Permanent fuel tanks in an operable Aircraft;
(c) Tanks not exceeding one-gallon capacitylcounty used solely for sampling and
testing fuel, engines and fuel handling apparatus; and
(d) Tanks lawfully transporting fuel for immediate dispensing into a fuel storage
tank permitted by these Regulations. Such vehicles shall access the Airport at
,,._ a point approved by the Airport Manager and remain under escort by a
representative of the company receiving the fuel.
Section 3D.13. Self-fueling.
Except as may be prohibited by other provisions of these Regulations and any other
applicable law, Owners of Aircraft based at the Airport who desire to self-fuel their
Aircraft, shall apply for and receive aself-fueling permit from the Airport Manager. The
preceding sentence does not apply to the use of aself-service fuel facility provided by an
FBO.
Section 3D.14. Vehicle fuel.
No Person shall possess vehicle fuel on the Airport except:
(a) Within the permanently installed fuel tank of a Vehicle for use only by that
Vehicle; or
(b) Within above ground storage tanks with a capacity of not more than two
thousand (2,000) gallons, lawfully installed and maintained in accordance
with all applicable Federal Environmental Protection Agency (EPA) and
Texsas Commission on Environmental Quality (TCEQ) rules and regulations,
and all applicable fire codes.
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ARTICLE IV. BUSINESS PERMITS AND FEES
Section 4.01. Airport Business Permit Requirements.
No Commercial Activity shall be conducted by any Person at the Airport without first
being in possession of a valid Airport Business Permit, should such a permitting process
be in place. Issuance of an Airport Business Permit does not entitle the holder to possess,
occupy or exclusively use any portion of the Airport or City/County-owned property
within the business, grant any Exclusive Right to conduct any business or activity, or
authorize any conduct prohibited by zoning laws or any other applicable law.
Section 4.02. Airport Business Permit Applications.
(a) Except as specifically stated otherwise in this Code, an application for an
Airport Business Permit shall be approved or denied by the Airport Manager
as provided for, together with the appeal process, in the Minimum Operating
Standards section of this Code. The Owners shall not be responsible or liable
for any loss, injury, or damage as a result of the Airport Boazd's refusal to
overrule the Airport Manager's denial of an Airport Business Permit.
'-' (b) Notwithstanding subsection (a) above, the Airport Manager shall issue an
Airport Business Permit to any Person lawfully engaged in a permitted
Commercial Activity as of the effective date of commencement of an Airport
Business Permitting process, once the Airport Manager receives and approves
a completed Airport Business Permit application. A permit issued pursuant to
this paragraph shall not be subject to further review by the Airport Board.
Section 4.03. Temporary Airport Business Permits.
The Airport Manager shall have authority to issue temporary Airport Business Permits
and to establish procedures relating thereto. Such temporary permits shall cover a single
period of not more than thirty (30) consecutive days identified on the permit. No more
than one (1) temporary permit shall be issued to any Person in any twelve (12) month
period. Each application for a Temporary Airport Business Permit shall be accompanied
by a completed standard Airport Business Permit application, and any other applicable
documentation as determined by the Airport Manager.
Section 4.04. Permit Display.
Each Person conducting Commercial Activity shall permanently post the Airport
Business Permit in a conspicuous place in its business office.
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-- Section 4.10. Payment Assurance.
In order to ensure that the Airport is receiving all of the fees to which it is entitled as
provided by this Code, upon request all Commercial Operators shall provide sufficient
documentation verifying that appropriate fees were paid to the Airport Manager. All
Commercial Operators shall allow the Contractor, at reasonable times and places, to audit
the Commercial Operator's pertinent records for the current fiscal year and the three (3)
preceding fiscal years. No inspection will be made without reasonable notice given to the
Commercial Operator.
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ARTICLE V. RULEMAKING
Section 5.01. Airport Rules and Regulations.
The Airport Boazd is authorized to establish and/or amend such Airport Rules and
Regulations and Airport Minimum Operating Standazds and Airport Rates and Chazges
as are necessary or useful to carry out or supplement the provisions of this Code and
provide for the orderly and safe operation of the Airport.
Section 5.02. Limitation on Airport Rules and Regulations by Airport Manager.
(a) Except in an emergency, no Airport Rule and Regulation or Airport Minimum
Operating Standard established by the Airport Board and approved by the
Owners shall be effective until ten (10) calendar days after it is approved..
Any regulation established by the Airport Board shall be posted in the
Terminal, if any, and FBO lobby or other area of the FBO open to the public
during normal business hours for a period of not less than 72 hours prior to
review by the Owners and the Airport Board.
(b) All leaseholders shall be notified by mail of any revisions and/or new Airport
Rules and Regulations.
(c) Creation or modification of any Airport Rates and Charges shall not be
effective until approved by the Airport Boazd.
Section 5.03. Emergency Rules and Regulations.
Notwithstanding Section 5.02(c), the Airport Manager has authority to impose emergency
regulations for the period of time that the emergency exists Notice of such Emergency
Rule or Regulation shall be posted at the Terminal, if any, and FBO. Each emergency
rule or regulation shall be reviewed and acted on as a proposed permanent rule or
regulation at the next Airport Board meeting, and subsequently reviewed and acted upon
by the Owners.
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ARTICLE Yl. ENFORCEMENT
Section 6.01. Violations.
It shall be unlawful for any Person to cause, facilitate, aid or abet any violation of any
provision of this Code, or to fail to perform any act or duty required thereby.
Seetion 6.02. Joint and Several Liability
When two or more Persons have liability to the City/County or are responsible for a
violation, their responsibility shall be joint and several.
Section 6.03. Enforcement of judgments.
Any judgment for abatement, restitution or civil sanctions taken pursuant to this article
maybe enforced as any other civil judgment.
Section 6.04. Violations not Exclusive.
Violations of this Code aze in addition to any other violation of law and in no way limit
the penalties, actions or abatement procedures that may be taken by the City and/or
-- County under other applicable law.
Section 6.05. Each day separate Violation.
Each day any violation of any provision of this Code or the failure to perform any act or
duty required by this Code continues shall constitute a separate offense.
Section 6.06. Penalty.
The Airport Board specifically finds that all rules and regulations adopted herein are
adopted to promote the health and safety of Airport users and the public, and to promote
safe, orderly, and appropriate development of the Airport property. Therefore, Whenever
in this Code an act is prohibited or is made or declared to be unlawful or a misdemeanor,
or whenever in such Code the doing of any action is required or the failure to do any act
is unlawful and no specific penalty is provided therefore, the violation of such provision
shall be punished by a maximum fine of $2,000.00.
Section 6.07. Inspections.
(a) The Airport Manager is hereby authorized and directed to make inspections in
the normal course of job duties; or in response to a complaint that an alleged
violation of the provisions of this Code may exist; or when there is a reason to
...~ believe that a violation of this Chapter has been or is being committed.
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..._ 2. Whose action would place the Airport in violation of federal laws or
regulations regarding disadvantaged business enterprises; or
3. Who violates any other conditions duly adopted by the Airport Boazd or
any applicable federal statute or regulations hereafter enacted.
(b) The Person to whom the Aircraft is registered is responsible for the acts of all
Persons {including, but not limited to, all agents, employees and pilots) to
whom control, operation or any authority to use said Aircraft is granted. The
involvement of said Aircraft in any act or omission that violates any of the
above-enumerated laws, statutes, Airport Rules and Regulations,. Airport
Minimum Operating Standazds or other conditions may result in the above-
enumerated actions.
Section 6.11. Notice to Abate.
(a) If, after an inspection, the Airport Manager finds one (1) or more violations of
this Code, and the Airport Manager elects to use the abatement process, the
Airport Manager shall, in writing, notify the Person making the violation.
(b) The notice to abate shall set forth the following information:
1. The Person has fifteen (15) calendar days from the mailing of the notice to
abate to correct the violation.
2. A statement of the violation in sufficient detail to allow a reasonable Person
to identify and correct the violation(s).
3. Re-inspection date and time.
4. A warning stating that if the violations are not corrected within the fifteen
(15) calendar day period, the Airport Manager can abate the problem and
assess the Person the cost of such abatement.
5. Appeal procedures.
6. The fifteen (15)-calendar day notice set forth in this section shall not apply
to emergency abatements pursuant to Section 6.19.
(c) If any Person receiving a notice to abate fails to comply with such notice or
order, the Airport Manager may take actions necessary to correct or abate the
conditions.
(d) The Airport Manager shall prepare and deliver a verified statement as to the
actual cost of correcting or abating the violation to the Person ordered to abate
"~ the condition. Such actual cost may include the cost of necessary inspections
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Section 6.14. Restitution.
In addition to any civil sanction or criminal penalty provided for in this article, any
Person violating this Code shall be liable for all costs which may be associated with the
correction or abatement of any violation of this chapter. The court shall require restitution
in addition to any civil sanction or criminal penalty.
Section 6.15.Order Suspending Airport Access.
In addition to any other sanction or penalty provided for in this article, for good cause
shown, a court may issue an order suspending the right of any Person violating this Code
to use the Airport or any of its facilities for a period not to exceed three (3) years.
Section 6.16. License Revocation: Grounds.
The Airport Board may revoke any license or permit issued pursuant to this Article, for
the following reasons:
(a) violation of the terms of such license or permit, of any provision of this Code,
or any Airport Rules and Regulations or Airport Minimum Operating
Standazds promulgated pursuant to this Code.
(b) falsification of any application or other information provided to the Airport
Manager pursuant to this Code.
(c) any action which would place the Airport in violation of federal laws or
regulations regarding disadvantaged business enterprises.
(d) violation of any other Airport Rules and Regulations, Airport Minimum
Operating Standards or other requirements duly adopted by the Airport Board,
or any applicable federal statute or regulation hereafter enacted.
Section 6.17. License Revocation:Procedure.
Upon probable cause to believe that the licensee or permittee has committed acts
constituting grounds for revocation as provided in this Code, the Airport Manager shall
provide the affected party with notice of an order to show cause why the license or permit
should not be revoked.
Section 6.18. Abatement in Lieu of or in Addition to Other Actions.
In addition to or in lieu of denial of access or filing a civil or criminal action, the Airport
Manager may file notice to abate any violation of this Code. Such abatement action shall
proceed independently of any denial of access or civil or criminal violation filed pursuant
"` to this Code.
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ARTICLE Vll. DEFINITIONS
The following words and phrases, whenever used in the Airport Code, shall be construed
as defined in this Article unless from the context a different meaning is intended, or
unless a different meaning is specifically defined and more particularly ascribed to the
use of such words or phrases. All definitions contained in 49 U.S.C. § 40101 et seq.
(previously known as the Federal Aviation Act of 1958, hereinafter cited as "FAA Act")
and all amendments thereto shall be considered as included herein; and all definitions
shall be interpreted on the basis and intention of the FAA Act and amendments thereto
unless from the context a different meaning is intended, or unless a different meaning is
specifically defined and more particularly ascribed to the use of such words or phrases.
All words and phrases shall be considered to be either singular or plural as required by
the context in which they aze used.
Words and phrases incorporated in these definitions are capitalized whenever they are
used as defined in the Airport Code,
Abandoned Property
Means property not covered by any storage, parking, or tie-down arrangement that is left
on Airport property without consent of the Airport Manager for forty-eight (48) hours
without the owner claiming it.
Accident
Means a collision or other contact between any part of an Aircraft or a vehicle, Person,
stationary object or other thing which results in property damage, Personal injury, or
death; or an entry into or emerging from a moving Aircraft or vehicle by a Person which
results in Personal injury or death to such Person, or some other Person, or which results
in property damage.
Aeronautical Activity
Means any activity or service, which involves, makes possible, or is required for the
operation of Aircraft, or contributes to, or is required for, the safety of such operations.
Aeronautical Activities include, but are not limited to, Aircraft maintenance and repair,
sale of Aircraft parts, charter operations (under either FAR Part 121 or 135), charter
brokerage, Aircraft hangaz leasing, pilot training, Aircraft rental and sight-seeing, aerial
photography, crop dusting, fire suppression, aerial advertising and surveying, Aircraft
sales, leasing and servicing, Aircraft management, and sale of aviation petroleum
products.
Air Traffic
Means Aircraft in operation anywhere in the air or, when under their own power, on the
ground.
--, Aircraft
Means any device intended to fly in the air.
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„_, Aircraft Storage Agreement
Means, should such a permitting process be initiated at the Airport, administrative
approval issued by the Airport Manager to a Person to park or store an Aircraft at the
Airport. A form for requesting such approval is appended to the Airport Rules and
Regulations.
Ai ort
Means all of the City/County-owned or leased real or Personal property comprising
Kerrville/Kerr County Airport, also known as Kerrville Muni/Louis Schreiner Field, as
now exists or as may hereafter be expanded and developed.
Airport Businesses Permit
Means, administrative approval issued, where applicable, by the Airport Manager to a
Person to conduct Commercial activity only in facilities at the Airport wherein such
services are authorized. A form for requesting such approval is appended to this Code.
Airport Board
Means the seven-member Joint Airport Boazd as constituted under the Interlocal
Agreement For Joint Management of Kerrville/Kerr County Airport executed by Kerr
County and the City of Kerrville on August 10, 2004.
Airport Manager
Means manager of the Airport, or the manager's designee. The Airport Manager shall be
an employee of the Contractor.
Airport Rates and Chazg_es
Means a schedule of fees approved by the Airport Board payable by users and Operators
at the Airport.
Airport Traffic Control Tower (ATCT)
Means a control tower should one be located at the Airport.
Airport Tenant
Means a Person who leases or uses property at the Airport solely for the purpose of
storing Based Aircraft, and who is not engaged in any Commercial Activity.
Airside
Means the area of the Airport that is either contained within the Airport perimeter fence,
or which requires access through a building located on or adjacent to Airport property, or
°~ which requires access through a controlled Airport access point.
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Contractor
Means the Person who has contracted with the Airport Board to provide specified
services to the Airport.
County
Means the County of Kerr, Texas.
Driver/Vehicle Permit
Means, should a permitting process be initiated at the Airport, administrative approval
issued by the Airport Manager to a Person to access, drive upon and park a vehicle at the
Airport. A form for requesting such approval is appended to the Airport Rules and
Regulations.
Entity
Means: an individual; a corporation, firm, partnership, association, organization, and any
other group or Person acting as a unit; the state, county, and/or political subdivision of
the state, or other governmental entity. Entity also includes a trustee, receiver, assignee or
similar representative.
Exclusive Right
Means the exclusion of another Person from enjoying a like power, privilege or right. The
granting of an exclusive right to conduct any Aeronautical Activity on an Airport
developed or improved with federal funds is prohibited by law.
FAA
Means the Federal Aviation Administration.
FAR
Means Federal Aviation Regulations.
FBO
Means Fixed Base Operator, an entity which maintains facilities at the Airport for the
purpose of engaging in any of the following:
sale of aviation fuels and lubricants,
sale of Aircraft and/or Aircraft parts and accessories
Aircraft maintenance and repair
Aircraft Storage
provision of amenities and services to aviation users.
Fli t Trainingi Services Operator
Means a Person engaged in instructing pilots in dual and solo flight training, in fixed-
wing and/or rotary-wing Aircraft, and providing such related ground school instruction as
is necessary to complete training for the categories of pilot's licenses and ratings
involved.
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department, boazd, board, agency or instrumentality of the United States, the State of
Texas or any political subdivision thereof.
Improvements
Means all Buildings, structures and facilities, including pavement, fencing, signs and
landscaping, constructed, installed or placed on, under or above any Leased area by or
with the concurrence of a lessee.
Landside
Means the general public common use azeas of the Airport such as public Roadways,
parking lots and buildings, which are not contained in the Airside area.
Lease
Means a written agreement between the Airport Boazd and a Person granting permission
to use Airport land and/or Buildings, and/or authorizing the conduct of specified
activities.
Local Aircraft Operations
Means Aircraft operating in the local Air Traffic Pattern or within sight of the Fixed Base
Operator (FBO) or, should one be operating, in communication with an/or in sight of an
Air Traffic Control Tower located at the Airport. Includes Aircraft making simulated
instrument approaches or low passes at the Airport.
Major Aircraft Alterations and Repair
Means alterations and repairs as listed in FAR Part 43, Appendix A, Sections (a) and (b),
as amended.
Mobile Aircraft Washing Services Operator
Means a Person engaged in the cleaning, detailing or washing of Aircraft either for the
general public or for individual businesses, either at the Aircraft Based Location or within
a designated Aircraft washing azea on the Airport.
Mobile Aircraft Maintenance and Repair Services Operator
Means a Person providing one or more of the following services at the Aircraft Based
Location or within a designated Aircraft maintenance azeas on the Airport: airframe,
engine or accessory overhaul; repair services on Aircraft; and sales of Aircraft parts and
accessories.
Movement Area
Means the runway, taxiways and other areas of the Airport which require either
a radio announcement prior to entering, or, should one be operating, permission from an
Air Traffic Control Tower.
NTSB
._ Means the National Transportation Safety Boazd.
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-- Roadway
Means any street or road whether improved or unimproved, within the boundaries of the
Airport and set aside or designated for use by Vehicles, whether dedicated or not.
Runway
Segments of land at the Airport prepared and marked for use by Aircraft in taking-off and
landing.
Smokinu
Means burning or carrying any lighted cigarette, tobacco or any other weed or plant, or
placing any burning tobacco, weed or plant in an ashtray or other receptacle and allowing
smoke to diffuse into the air.
Specialized Aircraft Repair Services Operator
Means a Person engaged in the business of repairing or replacing Aircraft radios,
avionics, instruments, propellers, accessories, upholstery, paint and/or other similar
Aircraft components. A Specialized Aircraft Repair Services operator sells new or used
parts and components necessary for such repairs.
Specialized Commercial Flying Services Operator
Means a Person engaged in air transportation for hire for any of the following purposes:
nonstop sightseeing flights that begin and end at the Airport, aerial photography or
..~ survey, power-line or pipeline patrol, fire-fighting or fire patrol, airborne mineral
exploration, or any other operations specifically excluded from FAR Part 135, as
amended.
Sublease
Means a Lease granted by a lessee, with permission from the Airport Board, to another
entity for all or part of the leased property.
Taxi-lane
Means the portion of the Airport Apron area, or any other area, used for access between
Taxiways and Aircraft Pazking and Storage areas.
Taxiway
Means a defined path established for the taxiing of Aircraft from one part of the Airport
to another.
Technical Specialist
Means a technical representative of an Aircraft manufacturer, Aircraft engine
manufacturer, Aircraft appliance manufacturer, or anon-destructive inspection specialist.
Terminal
Means an Airport Building with both Airside and Landside access for Aircraft Operators
and passengers. The Terminal, when completed, will provide restrooms, lounge areas,
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ARTICLE VIII. FORMS
The following pages contain forms that have been approved for use by the Airport Board.
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KERRVILLE AIRPORT AERONAUTICAL BUSINESS PERMIT
(Required to conduct commercial aeronautical activity on the Airport)
Business or activity to be conducted (Check all that apply):
^ Aircraft Charter Services
^ Aircraft Leasing or Rental Services
^ Aircraft Maintenance and Repair Services
^ Aircraft Management
^ Aircraft Sales Services
^ Aircraft Washing Service
^ Hangar/Patio Hangar Leasing Services
^ Flight Training Services
^ Fixed Base Operator
^ On-Airport Rental Car Concession
^ Aircraft Mobile Maint. & Repair Services ^ Off-Airport Rental Car Concession
^ Specialized Aircraft Repair Services (list service)
^ Specialized Commercial Flying Services (list services)
^ Other
These activities are limited to the Airport by ordinance. Please refer to the Airport
Minimum Operating Standards for further information on each type of business.
Applicant
Authorized Representative: Title:
Business Address: City, State, Zip:
Billing Adress: City State, Zip:
Phone: (work): (fax): (emergency):
The Applicant hereby requests the above action(s) from the Owners for the privilege of
conducting commercial Aeronautical Activities on the Airport, and in consideration of
this request being granted agrees to the following:
1) FEE PAYMENT: The Applicant agrees to pay all applicable monthly fees on time by the tenth
(10th) day of each month, and all required fee including late fees, interest and penalties without
deduction of any kind.
2) PERMIT LIMITATIONS: This permit may not be assigned or transferred, and is limited to only
the approved business activity listed above.
3) INFORMATION CHANGES: The Applicant shall notify the Airport Manager's Office in writing
within fifteen (15) days of any change to the information provided on this form.
4) INDEMNIFICATION: The Applicant shall comply with the Airport's Minimum Operating
Standards.
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KERRVILLE AIRPORT AIRCRAFT'
MAINTENANCE PERMIT
(Required for conductingMmajorA/terations and Repairs at theBbased Aircraft Hangar location)
Aircraft Owner's Name: Contact Phone Number:
Maintenance Mechanic's Name: Contact Phone Number:
Aircraft Storage Location/Hangar Address:
Aircraft Make/Model: FAA Registration No:
Duration of Work-Start Date: End-Date:
The Applicant requests approval to conduct maintenance of based Aircraft on the Airport and
agrees to the following:
PERMIT'S LIMITATIONS:
J1- This permit may not be assigned or transferred.
~- This permit may be extended past the duration stated above by contacting the Airport
Manager with the new ending date prior to the original end date, not to exceed thirty (30)
"- days.
STIPULATIONS: The Applicant must abide by the following stipulations in order to conduct
maintenance:
..~1,- No smoking shall be permitted with fifty (50) feet of an Aircraft, fuel truck and/or fuel
storage area.
J1- Aircraft must have battery cables disconnected.
~1- Aircraft must have gas caps taped for vapor seal protection.
~- A copy of the permit is required to be on site at all times.
~ A fire extinguisher with a U2 classification of at least 2A/40BC must be on site while
conducting maintenance.
APPROVAL: All applicable signatures must be provided prior to conducting maintenance at that
location.
INDEMNIFICATION: See on reverse side
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KERRVILLE AIRPORT
DRIVER/VEHICLE PERMIT
(Required to access, drive upon, and park a vehicle on Kerrville Airport)
Application for:
^ Driver/Vehicle permit
^ Aircraft service/government vehicle permit
^ Change of information
Applicant:
Authorized Representative:
Phone: (work/home):
Business/Local Address:
City, State, Zip:
Drivers license number & state:
Qualifying Use: ^ Tenant
Title:
(fax): (emergency):,
^ Aeronautical Permittee ^ Tenant Employee
The Applicant hereby requests the above action(s) from the Owners for the privilege of
accessing, driving upon, and parking a vehicle(s) on Kerrville Airport, and in consideration
of this request being granted, agrees to the following:
PERMIT LIMITATIONS: This Permit may not be assigned or transferred, and only the
applicant and vehicle(s) described above may access, or park such vehicles} on, Kerrville
Airport.
INFORMATION CHANGES: The Applicant shall notify the Airport Manager's Office
in writing within fifteen (15) days of any change to the information provided on this form.
RELEASE OF LIABILITY: The Owners assume no liability for damage or loss to
personal property while operating at Kerrville Airport. All vehicles and other personal
property aze stored and operated solely at the risk of the undersigned.
AIRPORT CODE: The applicant shall comply with all applicable provisions of the
Airport Code.
COMPLIANCE WITH THE LAW: The Applicant shall comply with all applicable
laws, ordinances, rules and regulations.
FAA Registration No:
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I{ERRVILLEiI~RR COUNTY AIRPORT
AIRCRAFT STORAGE AGREEMENT
(Required for storage of Aircraft in Airport-owned Hangars
Application for: ^ New
Applicant:
Authorized Representative:,
Phone: (work):
Business/I,ocalAddress:
City, State, Zip:
Billing Address:
City, State, Zip:
Aircraft Make/Model: Storage Location:,
FAA Registration No:
Aircraft Wingspan:
Aircraft Make/Model: Storage Location:
FAA Registration No: Aircraft Wingspan:
-- The Applicant hereby requests the above type of Aircraft storage space from the
city in which to store the above-listed Aircraft(s), and in consideration of this
request being granted, agrees to the following:
~1-- PERMIT LIMITATIONS: This Agreement may not be assigned or transferred.
Periodic inspections will be conducted to ensure that the assigned space is only
occupied by the Aircraft(s) listed above.
~- INFORMATION CHANGES: The Applicant shall notify the Airport Manager's
Office in writing within fifteen (15) days of any change to the information provided
on this form.
,-1-- RELEASE OF LIABILITY: The Owners assume no liability for damage or loss
to Personal property while operating at the Airport. The applicant acknowledges
and understands the Aircraft wingspan limitations on the Airport.
~- COMPLIANCE WITH THE LAW: The applicant shall comply with all
applicable laws, Codes, ordinances, rules and regulations.
^ Change of information
(fax):
Title:
(emergency):
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