CHAPTER 2-12: AIRPORT DEPARTMENT
SECTIONS:
2-12-1: DEPARTMENT CREATED; MANAGER:
2-12-4: LEASE AND RENTAL AGREEMENTS:
2-12-5: AIRPORT USE LIMITED TO AVIATION RELATED ACTIVITIES:
2-12-7: DAMAGE TO AIRPORT PROPERTY:
2-12-8: SALE OF PETROLEUM PRODUCTS:
2-12-9: COIN OPERATED DEVICES:
2-12-1 DEPARTMENT CREATED; MANAGER:
There is hereby created an airport department. The airport department shall be under the supervision of the airport manager, who shall be responsible to the city manager. The airport manager shall be responsible for meeting the air transportation needs of the public through the continuous operation, development and maintenance of airport facilities, and shall be responsible for promulgating rules and regulations to govern and administer Ernest A. Love Field, including, but not limited to, rules and regulations relating to air and ground traffic control. (Ord. 4210, 3-26-2002)
2-12-2 GENERAL DEFINITIONS:
ACTION: Includes recoupment, counterclaim, set off, suit in equity and any other proceeding in which rights are determined, including an action for possession.
AIRCRAFT STORAGE PREMISES: Areas designated by the airport manager for rent for noncommercial aircraft in accordance with city of Prescott resolution 2127, and as designated on the airport premises map and legend adopted by reference, three (3) copies of which are available for review at the office of the airport manager.
BEST QUALIFIED PROPOSERS:
(A) With reference to bids for leases of commercial premises, that person bidding the highest compensation to the city of Prescott for the lease of commercial premises, when all other bid requirements are met or are substantially equal. Compensation may include, but only when specified in applicable requests for proposals, capital improvements to airport facilities or grounds; and
(B) With reference to hangars, tie downs and other facilities for the noncommercial storage of aircraft, that person next on the list maintained in the order of first come, first served, for such facilities and willing to pay the standard rent therefor.
CITY FACILITIES COMMERCIAL PREMISES: Those facilities constructed by, or now owned or controlled by, the city of Prescott and made available for occupancy and as commercial premises for a business purpose. City facilities commercial premises shall not refer to lands available for lessee constructed facilities for occupancy and use by lessee. City facilities commercial premises shall be as designated on the airport premises map and legend adopted by reference, three (3) copies of which are available in the city clerk’s office for public review and inspection.
COMMERCIAL PREMISES: Areas designated by the airport manager for lease in accordance with city of Prescott resolution 2127, and as designated on the airport premises map and legend adopted by reference, three (3) copies of which are available in the city clerk’s office for public review and inspection. Said map is also available for review at the office of the airport manager.
LEASE: A written agreement which gives rise to a relationship of lessor and lessee for a definite term concerning commercial premises.
LESSEE: A person entitled under a lease to occupy commercial premises to the exclusion of others.
LESSOR: The city of Prescott.
LICENSE: A privilege to go on premises for a certain purpose, but does not operate to confer on, or vest in licensee any title, interest or estate in such property.
LICENSEE: A person who has a privilege to enter upon airport property to do a particular, specified act, or series of acts.
LICENSOR: The city of Prescott.
OFFICE RENTALS: Areas or space as designated by the airport manager within the airport terminal building and/or airport administration building(s) which are or will be available for lease on a per square foot basis.
PERSON: An individual, organization, corporation or entity.
PREMISES: A structure and the appurtenances therein, including furniture and utilities where applicable, and grounds, areas and existing facilities.
RENT: Fixed periodic payments to be made to the city in full consideration of rented premises under a rental agreement for private aircraft storage premises.
RENTAL AGREEMENT: A written agreement, the form of which has been approved by the city council, embodying terms and conditions concerning the use and occupancy of city owned airport property for the storage of aircraft on a noncommercial basis.
REQUEST FOR PROPOSAL: A formal request, published once a week for two (2) consecutive weeks in a local newspaper which may also be circulated to interested persons, which invites proposals from interested persons regarding the lease of commercial premises and office rentals. The request for proposal may specify the use of the premises which the city deems best serves the interests of the public. Any proposal received must contain, at a minimum, the following information
(A) Minimum unit revenue or compensation to be paid to the city;
(B) Requirements for proposer’s operations as they regard benefits to the: 1) city and 2) airport;
(C) Data and/or resource information necessary for the city to establish proposer’s financial responsibility; and
(D) The duration of the lease term.
TENANT: An occupant under a rental agreement. (Ord. 2069, 5-9-1989; amd. Ord. 2258, 5-14-1991; Ord. 4210, 3-26-2002)
2-12-3 LICENSE AGREEMENTS:
The city council may grant nonexclusive license agreements to regularly scheduled commuter airlines carrying passengers for use of facilities at the airport terminal on such terms and conditions as best serve the public interest, and for incidental services convenient for passengers such as hotel reservation and rental car phone lines. (Ord. 2069, 5-9-1989; amd. Ord. 4210, 3-26-2002)
2-12-4 LEASE AND RENTAL AGREEMENTS:
(A) Commercial Premises:
1. If commercial premises at the airport shall become available for lease, the airport manager, in consultation with the city manager, shall cause to be published a request for proposal.
2. The airport manager shall consult with the appointed airport advisory committee to review responses to the request for proposal, and solicit recommendations and comments therefrom. After consultation with the airport advisory committee, the airport manager shall review responses to the request for proposal, as well as recommendations and comments received, with the city manager. After consulting with the airport advisory committee and city manager, the airport manager shall submit the best qualified proposal to the city attorney for the drafting of a lease.
(B) Aircraft Storage Premises:
1. The airport manager shall establish first come, first served lists for all airport property designated as aircraft storage premises. Positions on the lists shall not be traded, sold, assigned or transferred in any manner.
2. Aircraft storage premises shall not be used as commercial premises, for any commercial purpose, and will not violate any federal aviation administration (FAA) regulation, Arizona Revised Statute or this code. Aircraft engines shall not be run in hangars at any time. No refueling, or other fire inducing actions are permitted in the hangar.
(C) Office Rentals:
1. If office rentals at the airport shall become available for lease, the airport manager, in consultation with the city manager, shall cause to be published a request for proposal.
2. The airport manager shall consult with the appointed airport advisory committee to review responses to the request for proposal, and solicit recommendations and comments therefrom. After consultation with the airport advisory committee, the airport manager shall review responses to the request for proposal, as well as recommendations and comments received, with the city manager. After consulting with the airport advisory committee and city manager, the airport manager shall submit the best qualified proposal to the city attorney for the drafting of a lease. (Ord. 2258, 5-14-1991; amd. Ord. 4210, 3-26-2002)
(D) General Conditions Applicable To All Lessees And Tenants:
1. The removal or intentional and material alteration or damage of any part of airport property, by or at the instance of a lessee or tenant without permission of the airport manager is expressly prohibited.
2. Lessees and tenants shall exercise diligence to maintain the premises in as good condition as when they took possession, ordinary wear and tear excepted.
3. Lessor shall have the authority to subject the lessee and tenants to such restrictions in the use and occupancy of airport property as deemed necessary in the public interest by the city council. Applicable rules, regulations, codes and statutes shall be deemed to be incorporated into all leases and rental agreements.
4. Lessees and tenants shall not sublet or assign their rights under a lease, list or rental agreement unless otherwise agreed to in writing by the airport manager. Any violation of this rule may result in the cancellation of the rental agreement, lease, or list position. (Ord. 3679, eff. 11-13-1997; amd. Ord. 4210, 3-26-2002)
5. The airport manager shall have those rights and remedies of a landlord as are set forth by law, and is hereby authorized to pursue such actions and remedies if necessary, after consultation with the city manager and city attorney. (Ord. 2069, 5-9-1989; amd. Ord. 4210, 3-26-2002)
6. All fees and charges for the lease, rental, occupancy and/or use of any and all city property at the airport shall be as determined by the city council, after having reviewed the recommendations of the airport advisory committee, pursuant to a resolution to be duly adopted by the city council, as said resolution may be amended by the city council from time to time. (Ord. 2252, 4-23-1991; amd. Ord. 4210, 3-26-2002)
7. In all leases, license and rental agreements, the city shall retain the absolute right to have, at no cost or charge to the city, utility easements, over, under and through the property which is the subject of the license, lease or rental agreement.
(E) Approval Of Agreements:
1. In the event that a rental agreement, lease agreement or license is accepted by the tenant, licensee or lessee in substantially the form as approved by the city council, and in accordance with rates as approved by the council policy, then and in that event the city manager and staff are hereby authorized to execute said agreements on behalf of the city, and shall thereby bind the city to the terms contained therein without any further action of the city council. Copies of all agreements shall be maintained in the office of the airport manager and separate copies shall be forwarded to the city clerk and finance director. (Ord. 3100, eff. 7-22-1993; amd. Ord. 4210, 3-26-2002)
2. The standard form of license, lease or rental agreement referred to in subsection (E)1 of this section shall be approved by the city council pursuant to resolution.
3. In the event that there is any deviation in the rental agreement, license or lease agreement from which has been approved by the city council, then in that event, such agreement must be submitted to the city council for approval or rejection.
4. In all instances, the city council shall have the authority to reject or adopt any and all proposals, leases or agreements prior to their execution by the city. (Ord. 2258, 5-14-1991; amd. Ord. 4210, 3-26-2002)
2-12-5 AIRPORT USE LIMITED TO AVIATION RELATED ACTIVITIES:
Airport premises shall be used for aviation and affiliated and related industries, pursuits and businesses except where specifically authorized for other use by the city council. Whenever a question arises, the council shall finally determine whether an industry, pursuit or business may be regarded as being affiliated or related to aviation. (Ord. 2069, 5-9-1989; amd. Ord. 4210, 3-26-2002)
2-12-6 INTERPRETATIONS:
When an interpretation of any part or section hereof is required, the airport manager will present it to the airport committee for recommendation, subject to a final decision of the mayor and council. (Ord. 2069, 5-9-1989; amd. Ord. 4210, 3-26-2002)
2-12-7 DAMAGE TO AIRPORT PROPERTY:
Any person causing, or liable for, any damage to airport property shall be required to pay to the city on demand the full cost of repairs. Any person failing to comply with these rules may be refused the use of Ernest A. Love Field until the city has been fully reimbursed for damage done. (Ord. 2069, 5-9-1989; amd. Ord. 4210, 3-26-2002)
2-12-8 SALE OF PETROLEUM PRODUCTS:
The city reserves the right to retail and wholesale all petroleum products, excluding retail aviation lubricating oil products, used or sold on the airport. This reservation also applies to any other fuels used for the propulsion of aircraft or surface vehicles which are available on the open market. These rights may be waived when so stipulated in writing signed by the city manager. (Ord. 2069, 5-9-1989; amd. Ord. 4210, 3-26-2002)
2-12-9 COIN OPERATED DEVICES:
The city reserves the right to own, install, maintain, lease, operate and derive revenue from all coin operated devices in public areas on the airport except as waived in writing. (Ord. 2069, 5-9-1989; amd. Ord. 4210, 3-26-2002)