§ 11.08.030. Minimum standards for all operators.

The following minimum standards and requirements for commercial aeronautical activities have been established in the public interest for the safe and efficient operation of the Belen Alexander Municipal Airport; to enhance its orderly growth; to preclude the granting of an exclusive right to conduct an aeronautical activity in violation of Section 308(a) of the Federal Aviation Act of 1958; to conform to Title VI of the Civil Rights Act of 1964 and Part 21 of the Department of Transportation Regulations; and to assure to all lessees the availability of airport property on fair and reasonable terms without unjust discrimination.

The following standards shall apply to all operators, with the exception of flying clubs whose complete list of standards is presented in the section, which pertains solely to that type of operation:

A.

A ground lease and concession agreement (lease) shall be for a term to be mutually agreed upon between the parties commensurate with the operator's financial investment in its facility. If the duration of the lease is to exceed five years in length, provisions shall be made to review the terms, and rents of the lease relative to other changes in the airport environment that have occurred during that period. Each lease for ground space and contract for business at the airport entered into by the city shall include each of the following provisions as required by state and federal governments:

1.

Fair and nondiscriminatory provisions;

2.

Affirmative action assurances;

3.

Civil rights provision;

4.

Nonexclusive rights provision;

5.

Other mandated provisions.

B.

Operator shall have the experience necessary to conduct any aeronautical service it wishes to provide to the public and shall submit a statement of qualifications to the airport manager upon request. It will be satisfactory if the operator has in a reasonable supervisory position, a person of such experience. Should an operator not have such experience, but can demonstrate to the airport manager's satisfaction that it has had equivalent related experience or training, such will be deemed acceptable. The operator shall submit a letter of intent detailing the services which it wishes to provide, compliance with the relevant minimum standard as presented in this document, ratings and licenses its organization will have, and general scope of the operation. No nonaeronautical activities will be allowed without written consent by the city.

C.

The prospective operator must provide a statement to the airport manager, satisfactory to the city, of the operator's financial responsibility, from a bank or trust company doing business in the area or from such other source that may be acceptable to the city and readily verified through normal banking channels. The prospective operator must also demonstrate financial capability to initiate operations and for the construction of improvements and appurtenances that may be required commensurate with the concept of the proposed operation, or operations, and shall also indicate the ability to provide working capital to carry on the contemplated operations, once initiated for a period of at least three months. The operator shall also submit a business plan outlining the forecasted revenues and expenses associated with the services proposed.

D.

All operators and tenants shall secure all necessary liability and property damage insurance in which the city and its officials and appointees shall be named as an insured prior to commencement of operations. All operators and tenants shall provide fire and extended coverage insurance for all buildings and facilities located on the leasehold for the reasonable value thereof. The policies of insurance shall be maintained in full force and effect during the term of the lease, or any renewals or extensions thereof. The insurance shall protect the city against any and all liability for death, injury, loss or damage for activities and concessions granted to the operator. Such policy or policies shall be for not less than the amount of the existing New Mexico Tort Claims limit and shall be placed with a company authorized to do business in the state of New Mexico. Minimum policy limits may be adjusted or increased in the future based on changes to the New Mexico Tort Claim Act and adopted by the city. Proof of insurance of all such policies shall be furnished upon the initiation or renewal of the policy to the airport manager and shall be held for the benefit of the parties. All operators and tenants shall provide a certificate of insurance and a copy of the insurance policy. The insurance company shall notify the city of any changes or cancellation of the policy or policies. The amounts of insurance shall not be deemed a limitation on the operator to save and hold the city, the airport commission and the airport manager harmless, and if the city becomes liable for an amount in excess of the insurance, the operator will save and hold the city, the airport commission and the airport manager harmless for the whole amount thereof.

E.

The city will not accept an original request to lease land area or approval of an assignment or sublease of an existing lease, unless the proposed operator puts forth in writing a proposal which sets forth the scope of operation proposed. All proposals must be submitted to the airport manager for submission to the airport commission for a recommendation to the city. The proposals shall include the following:

1.

All services that will be offered should be listed and confirmation of all required certification provided;

2.

Amount of land or building space desired;

3.

Building space that will be constructed and the site and floor plan proposed;

4.

Number of aircraft that will be provided for each service being offered;

5.

Equipment and special tooling to be provided;

6.

Number of persons to be employed;

7.

Short resume for each of the owners (twenty-five (25) percent or more equity) and financial backers and supervisory personnel, along with documentation of business organization such as articles of incorporation, partnership, sole proprietorship, etc.;

8.

Short resume of the manager of the business (if different from above) including this person's experience and background in managing a business of this nature;

9.

Schedule of operation (days and hours of proposed operation, including a proposed holiday schedule);

10.

Amounts and types of insurance coverage to be maintained (can be no less than the minimums required);

11.

Financial projections for the first year by quarter and the succeeding four years annualized;

12.

Methods to be used to attract new business (advertising and incentives);

13.

Amenities to be provided to attract business;

14.

Plans for physical expansion, if business should warrant such expansion.

F.

Any person, firm or corporation capable of meeting the minimum standards as set forth in this section for any of the stated categories is eligible to become an operator at the airport, subject to the execution of a written lease for not less than five years containing such terms and conditions as may be determined by the city. An operator shall not engage in any business or activity on the airport other than authorized under his or her particular category or categories. Any operator desiring to extend his or her operation into more than one category shall first apply in writing to the airport manager setting forth in detail the reasons and conditions for the request. The airport manager shall then grant or deny the request on such terms and conditions, as the airport manager deems prudent. Any operator desiring to discontinue the authority to operate in a certain category, shall inform the airport manager, in writing, of intention to discontinue the operation, setting forth in detail the reasons. Each operator shall provide its own buildings, personnel and equipment, and other requirements as stated in this section upon land leased from the airport.

G.

Site Development Standards.

1.

Physical Facilities.

a.

The minimum space required shall be large enough to allow operations, other than the movement of aircraft, to be conducted in the interior of the facility space.

b.

The operator shall provide a paved walkway within the leased area to accommodate pedestrian access to the operator's office in compliance with the ADA Act; a paved aircraft apron within the leased area sufficient to accommodate the activities and operations, and telephone facilities for customer use. Floor space allotments shall meet all applicable building codes.

c.

For construction of any new facilities on the airport, or for the modification of the exterior of existing facilities, the operator shall complete all necessary forms and gain approval from the FAA and city, through the airport manager, the airport commission and the city council, prior to commencement of any construction. The operator shall require the contractor to submit both payment and performance bonds from a surety company authorized in the state of New Mexico.

d.

A set of plans and specifications shall be provided to the city, whenever any facilities are to be constructed or exteriorly modified in the leased area. For the construction of new facilities, the plans shall be architectural or engineering plans with specifications. For exterior modifications, the plans and specification shall be sufficient to clearly portray the extent of the modification to the satisfaction of the airport manager. Approval must be obtained from the city and FAA along with any required building permits prior to any construction.

e.

The operator shall provide adequate all weather access and parking within the leased area for auto and aircraft to sufficiently accommodate all activities and operations generated by the operator.

2.

Personnel.

a.

The operator shall, in accordance with the approved business plan, have in his or her employ, and on duty during the required operating hours, trained personnel in such numbers as are required to meet the minimum standards and requirements set forth in an efficient manner for each aeronautical service being performed. The operator shall also provide a responsible person to supervise the operations in the leased area with authorization to represent and act for, and on behalf of, the operator during all business hours.

b.

All personnel hereinafter required to hold Federal Aviation Administration certificates and ratings shall maintain such certificates and ratings and maintain copies for the airport manager.

H.

All operators shall, at their own expense, pay all taxes and assessments against any buildings or other structures placed on the premises by them, as well as all taxes and assessments against the personal property used by them in their operations.

I.

All operators shall abide by and comply with all state, county and city laws and ordinances, the rules and regulations of the airport, and the rules and regulations of the state and the Federal Aviation Administration (FAA).

J.

All operators shall provide and pay for all electricity, gas, water, sewer charges and garbage collection charges used or incurred anywhere in or about the lease premises, and shall pay the charges made therefor by the suppliers thereof promptly when due.

K.

All operators will pay all rents and fees due the city on a timely manner as stated in the agreement and/or ordinance/resolution.

L.

All contracts and leases between operators and the city shall be subordinate to the provisions of any existing or future agreement(s) between the Belen Alexander Municipal Airport and the United States, relative to the operation or maintenance of the airport.

M.

No operators shall sublease or sublet any premises leased by such operator from the city, or assign any such lease, without the written approval of the city, and any such subletting or assignment shall be subject to the entire minimum standards as set forth in this section.

N.

In the event the operator or tenant sublets any portion of the lease, with the approval of the city, the sublease must agree to assume the full obligations of the lease and must agree to fully cooperate with the city in complying with these standards. The sublessee shall immediately comply with any reasonable request or direction of the city relating to the enforcement of these standards.

O.

In the event that the lessee or sublease fails to comply fully with these standards or fails to comply with the reasonable request or direction of the city as it relates to these standards, the lessee or sublease shall be in default. If default continues for more than thirty (30) days after notice of default, the city may terminate the lease. Such lessee is responsible for the performance of the sublessee.

P.

Operators shall have the right to use common areas and facilities of the airport, including runways, taxiways, aprons, roadways, floodlights, landing lights, signals and other conveniences for the takeoff, flying and landing of aircraft of lessee.

Q.

Beginning with the effective date of adoption of these minimum standards, leases to operators and airport tenants shall be limited to a maximum of thirty (30) years, including options. Nothing in these standards shall prevent the lessee and the city from entering into a new agreement at the end of an existing agreement. In addition, leases shall, at the discretion of the city, be subject to review and reevaluation at the end of each five-year period thereof, in relation to a price index designated by the airport manager. In this regard, when at the end of each of the five-year period, the cost of living index is determined by the city to be higher than the previous five-year period, the rental terms thereof shall be increased to such percentage of increase or of the cost of living index.

R.

Lessees will, at all times during the continuance of the term of the lease and any renewal or extension thereof, conduct, operate and maintain for the benefit of the flying public, the operation provided for and described therein, and provide all parts and services as defined and set forth, and will make all such services available to the public, and will devote its best efforts for the accomplishment of such purposes, and it will at all times charge fair, reasonable and not unjustly discriminatory prices to patrons and customers for all merchandise or materials and services furnished or rendered.

S.

Notwithstanding anything contained in a lease that may be or appear to the contrary, it is expressly understood and agreed that the rights granted hereunder are nonexclusive and the lessor reserves the right to grant similar privileges to another operator or operators upon formal application by that operator, and upon demonstration of compliance with subsections D and E of this section.

T.

All contracts and leases between such operators and the city shall be subordinate to the right of the city during time of war or national emergency to lease the landing area or any part thereof to the United States government for military or naval use, and if any such lease is executed, the provisions of any contracts or leases between such operators and the city, insofar as they are inconsistent with the provisions of the lease to the government, shall be suspended.

U.

The lessee shall remove from the airport or otherwise dispose of in a manner approved by the city all garbage, debris, and other waste material (whether solid or liquid) arising out of its occupancy of the premises or out of its operations. Lessee shall keep and maintain the leased premises in a neat and orderly manner: lessee shall keep the grass, if any, cut and the building painted. Any garbage, debris, or waste which may be temporarily stored in the open shall be kept in suitable garbage or waste receptacles, the same to be made of metal and equipped with tight-fitting covers and to be of a design to safely and properly contain whatever may be placed therein. The lessee shall use extreme care when effecting removal of all such waste.

V.

The city reserves the right to enter upon any premises leased to an operator at reasonable times for the purpose of making such inspections as it may deem expedient to the proper enforcement of these minimum standards and for the proper enforcement of any covenant or condition of any operator's contract or lease agreement.

W.

The city recognizes the rights of any tenant on the airport; to perform services on its own aircraft with its own regular employees or specialty contracted services (including, but not limited to, maintenance, repair and fueling) that it may choose to perform. Aircraft fueling accomplished under this provision shall be in strict accordance with noncommercial aviation fuel usage of this section and any fire/safety regulations and/or ordinance as referenced in subsection I of this section. A regular employee is defined as any person that the employer pays payroll contributions and deductions.

X.

All operations conducted at the airport will be conducted in the safest manner possible and for the maximum benefit of the flying public and the citizens of the surrounding area.

Y.

The prospective operator may select to perform one, or a combination of the aeronautical services covered by the city's minimum standards and requirements. Where more than one activity is proposed, the minimum requirements will vary (dependent upon the nature of individual services in such combination) but will not necessarily be cumulative in all instances. Because of these variables, the applicable minimum standards on combinations of services will be discussed with the prospective operator at the time of application or, otherwise, during lease negotiations.

Z.

All services provided will be done by the operator's employees or by an approved off-site operator meeting the standards for that category.

AA.

The pertinent minimum standards and requirements for any commercial aviation operator will be predicated upon the nature of the initial business venture. If at a later date the business is expanded to encompass new and additional types of services, then (in such event) the negotiated minimum standards established for these additional services shall immediately apply.

BB.

Any tenant, operator, pilot or other persons authorized to operate a motor vehicle on the airport shall do only in strict accordance with airport rules and regulations, applicable federal, state and municipal laws, ordinances, codes, or other similar regulatory measures now in existence or as may be hereafter modified or amended. When a Federal Aviation Administration (FAA) certified air traffic control tower is installed, the motor vehicle shall be equipped with two-way radio capable of communicating with the FAA air traffic control tower and must comply strictly with the orders and instructions by radio, light signal or other communications which may prevail from the FAA air traffic control tower.

CC.

All off-site operators will work through an established operator to provide services. A written notification listing all individuals, services, certificate of insurance, and a copy of the labor contract shall be submitted to the airport manager prior to initiation of services. The off-site operator will comply with subsection D of this section with respect to insurance requirements. Anything other than a labor contract will be considered a sublease or assignment and therefor bound by subsection L of this section of these standards.

DD.

If there is no one on the airport capable or licensed to perform a specific function or repair, an outside vendor may be allowed by the airport manager on the airport on a case-by-case, one-time basis. No repairs will be allowed in city-owned hangars without the permission of the airport manager. Request shall be made prior to any services performed.

EE.

Nothing contained in this section shall be construed to grant or otherwise authorize the granting of an exclusive right.

FF.

These minimum standards shall be reviewed on a periodic basis and adjusted if necessary to reflect changes to the airport environs, compliance requirements and lease terms as they relate to the existing minimum standards.

GG.

To ensure that aircraft based at the airport comply with the New Mexico Aircraft Registration Act (NMSA 1978, Sections 64-4-1 to 64-4-15, as amended); to ensure the airport knows which aircraft are based at the airport; and to ensure that the airport can provide the New Mexico Aviation Division with a list of based aircraft as required by its regulations for the granting of state aviation grants. All operators and aircraft owners/operators shall provide aircraft information to the airport manager on all aircraft based at the airport. Based aircraft are those regularly hangared or tied-down on the airport, any aircraft having an agreement with any operator to be hangared or tied-down on the airport. Aircraft information shall include aircraft make, aircraft model, year, tail number, registered owner and operator(s).

(Ord. 2007-01 (part); Ord. 2005-18 (part))