ARTICLE I.
IN GENERAL
Secs. 18-1--18-25. Reserved.
ARTICLE II. ------------
State law reference(s)--Arkansas Department of Aeronautics, A.C.A. § 27-115-101; Airport Commission Act, A.C.A. § 14-359-101 et seq.
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Sec. 18-26. Creation; qualifications, terms of members.
There is hereby created a commission to be known as the Springdale Municipal Airport Commission, to be composed of seven citizens who are qualified electors of the city; at least one of the members shall be fully experienced in aviation, holding some type of pilot aeronautical rating. The commissioners shall be appointed by the mayor and confirmed by a three-fourths vote of the elected and qualified members of the city council; thereafter, upon the expiration of their respective terms, their successors shall be appointed for a term of five years. The initial term of the two new commissioners appointed for the first time in 1998, under the authority of Act 1078 of 1997, shall be as follows: one new member shall serve an initial term of four years; and one new member shall serve an initial term of five years. The members of the commission shall receive no compensation for their services. No member of the commission shall engage financially in any aeronautical enterprise while a member of the commission. Any commissioner appointed by the provisions of this section may be removed upon a three-fourths vote of the duly elected and qualified members of the city council.
(Code 1973, § 3-1; Ord. No. 2825, § 1, 4-28-98; Ord. No. 2902, § 1, 3-23-99; Ord. No. 3687, § 1, 5-10-05)
Cross reference(s)--Boards, commissions and committees, § 2-111 et seq.
State law reference(s)--Authority to create, A.C.A. § 14-359-103; creation, composition, qualifications, A.C.A. § 14-359-104; appointment, A.C.A. § 14-359-105; removal, A.C.A. § 14-359-106.
Sec. 18-27. Authority of commissioners.
(a) The commissioners appointed under this article shall have full and complete authority to manage, operate, improve, extend and maintain the municipal airport and its related properties and facilities. The commissioners shall have full and complete charge of the airport and its related properties and facilities, including the right to employ or remove any and all assistants and employees of whatsoever nature, kind or character and to fix, regulate and pay their salaries.
(b) It is the intention of this article to vest in the commissioners unlimited authority to operate, manage, maintain, improve and extend the municipally owned airport and its related properties and facilities, and to have full and complete charge of it.
(Code 1973, § 3-2)
State law reference(s)--Authority of commissioners generally, A.C.A. § 14-359-109; vesting of authority mandatory, A.C.A. § 14-359-110; additional powers, A.C.A. § 14-359-115.
Sec. 18-28. Disposition of revenues.
All revenue derived from the operation of such airport, or flying field, after paying the operating expenses and maintenance, shall be set aside and used for additional improvements of such airport, or for the retirement of bonds and interest thereon issued or advancement made for the purchase and improvement of such airport or flying field.
(Code 1973, § 3-3)
Cross reference(s)--Finances, § 2-146 et seq.
State law reference(s)--Similar provisions, A.C.A. § 14-359-117.
Sec. 18-29. Rules and regulations.
The airport commissioners shall adopt such rules and regulations as they may deem necessary and expedient for the proper operation and management of the municipal airport, its related property and facilities and shall have authority to alter, change or amend such rules and regulations at their discretion. The commissioners shall comply or cause to be complied with all civil air regulations of the federal and state government with respect to air worthiness of aircraft, certification of aircraft and operation of aircraft. They shall protect all the aerial approaches to the airport insofar as it comes within their jurisdiction. Further, they shall ensure that all developments of facilities on the municipal airport are in accordance with the Federal Aviation Administration, the Springdale Airport master plan, the Springdale planning commission and other city, county, state and federal agencies that may be associated with the development of the airport, and shall cooperate with the city in the enforcement, within guidelines of the various city, county, state and federal agencies, of all ordinances relating to or regulating the use of the municipal airport.
(Code 1973, § 3-4)
State law reference(s)--Similar provisions, A.C.A. § 14-359-114.
Sec. 18-30. Records and reports.
The airport commissioners shall keep a record of all revenues and expenditures of the airport, its related properties and facilities and shall submit monthly reports to the mayor and city council. It shall be the duty of the airport commissioners to cause an annual report of the financial affairs and conditions of the municipal airport, its related properties and facilities to be prepared and filed with the city clerk. The report shall show receipts and disbursements in all the airport funds, the status of the airport's bonded debt and any other details necessary to present the complete financial condition of the airport. The report shall be verified by the commissioners and shall be filed by the airport commission with the city clerk not later than January 15 following the close of the previous calendar year. If the information required by this section is contained in the monthly financial reports to the mayor and city council, duplication of the information is not necessary. The commissioners shall furnish such other reports, data and information as may be requested by the mayor or city council.
(Code 1973, § 3-5)
State law reference(s)--Records and reports, A.C.A. § 14-359-118.
Sec. 18-31. Annual budget.
The airport commission or its duly authorized representatives shall submit to the city annually, not later than December 1 of each year, its budget for the following year, which budget will show its estimated revenue, expenditures and fund balances for the following year.
(Code 1973, § 3-6)
State law reference(s)--Estimate of funds, required, A.C.A. § 14-359-116.
Sec. 18-32. Meetings.
The airport commission shall meet at least monthly, but other meetings may be held at any time by the commission or upon the call of the mayor and city council.
(Code 1973, § 3-7)
State law reference(s)--Similar provisions, A.C.A. § 14-359-108.
Sec. 18-33. Exemption of commissioners or employees from civil service.
No civil service regulations shall apply to the airport commissioners or employees of the airport, its related properties and facilities.
(Code 1973, § 3-8)
Cross reference(s)--Board of civil service commissioners, § 2-121 et seq.
State law reference(s)--Civil service not applicable, A.C.A. § 14-359-119.
Secs. 18-34--18-55. Reserved.
ARTICLE III. ------------
Editor's note--Ord. No. 3524, adopted June 22, 2004, repealed §§ 18-56--18-68, which pertained to airport zoning ordinance and derived from Code 1973, § 3-19--3-31.
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Secs. 18-56--18-90. Reserved.
ARTICLE IV. ------------
State law reference(s)--Commission to have full and complete authority to manage, operate, etc., the airport, A.C.A. § 14-359-109(a)(1).
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Sec. 18-91. License required.
No commercial aeronautical service, or aeronautically associated service, operation or activity shall be offered or performed at the municipal airport without a fixed base operator's license for such service, operation or activity having first been approved and issued by the airport commission of the city. Aeronautical activity of scheduled airlines and municipal, state and federal agencies shall be exempt from this provision.
(Code 1973, § 3-42)
Sec. 18-92. No grant of exclusive rights issued.
No license for exclusive right to provide commercial aeronautical service, operation or activity at the municipal airport shall be issued.
(Code 1973, § 3-43)
Sec. 18-93. Fixed base operator's license.
(a) A fixed base operator's license shall be issued subject to the condition that such licensee shall comply with all conditions imposed in this article. The fee for each fixed base operator's license will be set by the council from time to time.
(b) Each operator shall renew his license prior to January 1 of each calendar year, and such fees shall be in addition to the municipal airport property rental, landing and any other fees which may be fixed by agreement with the airport commission. Any operator failing to renew his license prior to the above date shall suspend operations from the municipal airport until such time as he has obtained a new license.
(Code 1973, § 3-44)
Sec. 18-94. Licensees subject to laws and regulations.
Each licensee under this article and his officers, agents and employees shall carry on their activities and operations at the municipal airport in compliance with federal laws and Federal Aviation Administration regulations, state statutes, rules and regulations governing the use of the airport, and all applicable city ordinances. Each licensee shall be responsible for the action of his officers, agents and employees.
(Code 1973, § 3-45)
Sec. 18-95. Lease agreements.
Licensees for aeronautical activity at the municipal airport providing ground space and structures for such activities shall enter into lease agreements with the city through the airport commission for the rental of such space. Each lease agreement with the city for the lease of airport property under which aeronautical services are provided to the public shall incorporate the following language:
(1) Lessee agrees that in furnishing any aeronautical services to the public it will:
a. Furnish such services on a fair, equal and not unjustly discriminatory basis to all users thereof; and
b. Charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that the lessee may make reasonable and nondiscriminatory discounts, rebates or other similar types of price reductions to volume purchasers.
(2) Lessee further agrees that in its operation and the operation of all facilities on the leased premises, neither it nor any person or organization occupying space or facilities thereon will discriminate against any person or class of persons by reason of race, color, creed or national origin, and lessor reserves the right to take whatever action the Federal Aviation Administration directs to enforce this covenant.
(Code 1973, § 3-46)
Sec. 18-96. Construction activity generally.
All buildings and structures constructed within the municipal airport shall be constructed in compliance with the ordinances pertaining to such construction within the city limits.
(Code 1973, § 3-47)
Sec. 18-97. Procedure for construction plan approval.
Licensees for commercial aeronautical activity at the municipal airport shall follow the following procedure for approval of construction plans:
(1) Preparation of plans. All plans and specifications for buildings or structures to occupy space obtained through the airport commission shall be prepared by a licensed architect and submitted with the architect's seal to the airport commission for review.
(2) Submission. The licensee shall submit to the airport commission an application for preliminary approval of plans and specifications for any proposed building or structure to occupy space obtained through the commission and three copies of the plans and specifications of any proposed building or structure to the city clerk at least 15 days prior to a meeting of the airport commission at which consideration is requested. The airport commission will in writing advise the licensee as promptly as possible of the extent to which the proposed building or structure conforms to the requirements of the Springdale Municipal Airport master plan, the city planning commission, and other city, county, state and federal agencies that may be associated with the development of the airport, and will discuss possible modification if necessary to secure conformance; provided, further, that all prospective airport tenants and licensees shall submit to the Federal Aviation Administration prior to commencement of any construction a "Notice of Proposed Construction or Alteration" on FAA Form 7460-1 as required by Part 77 of the Federal Aviation Regulations.
(3) Airport commission action. Within 90 days after acceptance for review of the preliminary plans and specifications by the airport commission, it shall indicate in writing its approval, disapproval or approval with condition. Failure of the airport commission to act on the preliminary plans and specifications within 90 days of its acceptance will be deemed approval of the plans and specifications. Approval, approval with conditions or disapproval of the preliminary plans and specifications by the airport commission shall be noted, both upon the preliminary plans and the airport commission records.
(Code 1973, § 3-48)
Sec. 18-98. Fixed base operator--Services.
A fixed base operator's services may include aerobatics, agricultural chemical services, aircraft, airframe and engine maintenance, flight training including instrument and instructor schools, charter and taxi service, aircraft rental and sales services, and ground to air communication services (UNICOM) facilities made available through droplines to all fixed base operators. Any fixed base operator undertaking any of these activities shall conform to license or lease requirements for each activity and shall undertake no activities not specifically approved in the license or lease agreement.
(Code 1973, § 3-50)
Sec. 18-99. Same--Standards, specifications.
A fixed base operator undertaking the performance of any of the activities enumerated in the specifications on file in the city clerk's office shall conform to the minimum requirements for that activity as specified. Any question as to whether the minimum requirements are applicable to a specific activity shall be resolved in favor of the applicability of those requirements; the determination of applicability shall be made by the airport commission.
(Code 1973, § 3-51)
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SPRINGDALE AIRPORT COMMISSION*
RESERVED*
REGULATION OF COMMERCIAL SERVICES*