Copyrighted by the City of Springdale & Municipal Code Corporation, 1998.
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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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