HomeMy WebLinkAbout01-30-1964 Unadjourned Regular MeetingSTATE OF ALABAMA
COUNTY OF BALD°WIN
The CityCouncil of the City of Fa rho in unad'ourned
regular session at the City Mall, U eelt�es�fay, Januar J30, 19649
at 8:00 A. M. with the following members present: 7ouncilmen:
Gaston, Nelson, Poser and Spader. Absent: Mayor Schneider
and Councilman Boone. Mr. Yeager. and Mr. Herndon of the
Federal Aviation Agency, Mr. George Arnold and members of the
Airport Board met with the Council.
The meeting was called to order and in the absence of the
Mayor Councilman Poser was unanimously appointed as Mayor
cro tempore upon motion by Councilman Gaston and seconded by
ouncilman Spader.
Motion by Councilman Nelson seconded by Councilman Gaston that
the following Resolution be introduced:
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BE IT RESOLVED that the CITY of FAIRHOPE adopt the "MINIMUM
STANDARDS FOR FIXED BASE OPERATORS AT FAIRHOPE AIRPORT" as
adopted by the FAIRHOPE AIRPORT BOARD on the 29th day of Janu-
ary, 1964, as follows:
WHEREAS, the CITY of FAIRHOPE, COUNTY of BALDWIN, be-
ing a municipal corporation created under and pursuant to the
laws of the STATE of ALABAMA, owns and operates, by and through
the FIARHOPE AIRPORT BOARD (BOARD), a duly constituted public
body corporate and politic and an AGENT of the said CITY, a
public airport known as FAIRHOPE AIRPORT (AIRPORT), the same
having been developed through the joint efforts "of the said City,
County, ALABAMA DEPARTMENT OF AERONAUTICS and the FEDERAL AVIATION
AGENCY (FAA); and
WHEREAS, the BOARD desires that certain aeronautical
services and activities on said AIRPORT be furnished by and en-
gaged in for the benefit of the general flying public and to the
benefit of civil aviation by a "GENERAL FIXED BASE OPERATOR"
(OPERATOR) as the same is herein described and defined; and
WHEREAS, the BOARD in recognition of its and the City's
responsibilities as to exclusive rights imposed by Section 308 of
the FEDERAL AIRPORT ACT (ACT) and in certain obligations contained
in certain contracts and Agreements between said City and the
UNITED STATES of AMERICA relative to the development and operation
of the said AIRPORT, desires and determines that all such general
aviation aeronautical activities be conducted on this AIRPORT by
such OPERATORS in a fair and equitable manner;
NOW, THEREFORE, the said BOARD does hereby resolve that
said aeronautical services and activities at said Airport shall
hereafter be furnished by and engaged in by duly qualified OPER-
ATORS as determined by the hereinafter set out minimum standards
which are by this Resolution formally established and adopted
as "Minimum Standards for Fixed Base Operators at Fairhope Air-
port", hereinafter referred to also as STANDARDS; to wit:
SECTION 1 - DEFINITIONS. A "GENERAL FIRED BASE OPERATOR"
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at this AIRPORT shall be only those individuals, corporations
or firms that satisfactorily furnish and engage in the full and
complete range of aeronautical services and activities which
shall include, as a minimum, the following enumerated:
(1) Sale of aviation fuel and lubricants.
(2) Adequate and efficient ramp service during normal
business hours and on call as needed.
(3) Aircraft hangar rental space consisting of a min -
imam of ten thousand (10,000) square feet.
(4) Tie -down space to readily and safely accommodate
a minimum of fifteen (15) aircraft.
(5) Aircraft rental, charter and air -taxi service,
consisting of four (4) based aircraft, one (1) of which must be
twin-engined.
(6) Sale of aircraft and aircraft parts and supplies.
(7) Aircraft and engine repair by duly licensed and
qualified mechanics.
(8) Flight instruction by duly qualified and certifi-
cated Instructors.
Additionally, any such "GENERAL FIXED BASE OPERATOR" may, at
such Operator's election or option, furnish or engage in any one
or combination of the below enumerated aeronautical services or
activities; to wit:
(a) Agricultural flying service, including crop dusting.
(b) Aerial surveying and photography.
(c) Aircraft radio and instrument repair.
(d) Any other aeronautical service or activity - not
otherwise hereinabove listed - for which there may be a demand at
this AIRPORT.
The minimum capital investment of any OPERATOR shall
be ONE HUNDRED FIFTY THOUSAND AND N0/100 ($1501000.00) DOLLARS. `.
ATORS.
SECTION 2. - MINIMUM STANDARDS APPLICABLE TO ALL OPER-
1. All such OPERATORS at the AIRPORT shall be full
time, financially sound and progressive business enterprises,
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with adequately manned and equipped facilities, including
office facilities, and who observe normal or specifically re-
quired business hours.
2. All construction required of or desired by such
OPERATORS on this AIRPORT shall be in accordance with design and
construction standards required or established by the BOARD for
the facility or activity involved. All OPERATORS shall be re-
quired to furnish the BOARD payment and performance bonds com-
mensurate with any construction required under the minimum
standards herein fixed or under any contract or lease by and be-
tween such OPERATOR and the BOARD. Only OPERATORS as herein de-
fined may erect any structures on this AIRPORT and all construction
thereon shall be in complete conformance with a MASTER PLAN,
which plan is made a part of these standards.
3. All such OPERATORS at said AIRPORT shall provide
ample sanitary lounges and restrooms for their customers and
shall make telephone service conveniently and readily available
for the puT lies use.
4. All such OPERATORS shall conduct their activities
and render their services in a safe, responsible and efficient
manner and shall be solely responsible for all of the acts of
their agents and/or employees and shall save and hold the BOARD
and City harmless from any act of the OPERATOR, its agents and
employees.
5. The rates or charges for any and all services and
activities of such OPERATORS shall be determined by the OPERATORS,
subject to the approval of the BOARD, and subject, further, to
the requirement'that all Bich rates or charges shall be reasonable
and be equally and fairly applied to allusers of the services.
6. All such OPERATORS' contracts and leases shall
provide for adequate insurance and safety requirements commen-
surate with and applicable to such OPERATORS and their individual
services and activities.
7. No OPERATOR shall be permitted to operate at this
AIRPORT without a fully executed lease agreement with the BOARD
containing provisions for strict compliance with these STANDARDS
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and containing such other special provisions as may be deter-
mined by the BOARD to be necessary on account of any building
or other construction which may be required under such lease or
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any other special circumstances which may be applicable to such
particular OPERATOR.
8. All such OPERATORS shall abide by and comply with ,
all State, County and City laws and ordinances, the rules and
regulations of this BOARD governing such AIRPORT, and the rules
and regulations of the FEDERAL AVIATION AGENCY.
9. All contracts and leases between such OPERATORS
and the BOARD shall be subordinate to the provisions of any
existing or future agreement between the said CITY and the
UNITED STATES, relative to the operation or maintenance of the
AIRPORT, the execution of which has been or may be required as
a condition precedent to previous or future expenditure of
Federal funds for the development of the AIRPORT properties.
10. No such OPERATOR shall sublease or sublet any
premises leased by such OPERATOR from the BOARD, or assign any
such lease, without the prior written approval of the BOARD,
and any such subletting or assignment shall be subject to all of
the minimum standards herein set forth.
SECTION 3. SAVING CLAUSE AND AMENDMENTS.
1. Nothing herein contained shall be construed as to
limit the right of the BOARD to enter into a contract and agree-
ment with a "GENERAL FIXED BASE OPERATOR" with respect to the
maintenance and overall supervision of this AIRPORT and to desig-
nate such OPERATOR as the GENERAL MANAGER of this AIRPORT.
2. These STANDARDS may be supplemented and amended
from time to time in such manner and to such extent as the
BOARD may deem proper in fair and equal terms to all such
OPERATORS.
T'I.T'E OF
B L:Yti7IN COUNTY
Thi- L7 ,SE greement is executed on this the 30th day of
January, 1964., by and between. the City of FPirhone (Cite), a. Muni-
cipal cor>�ora lion of the State of 1=�b--m-- , sting by and through
the Fa irho?e ir;3ort Rom r,a (Board) , its duly constituted gent
(Lessor), end the Ar Service, Inc., corporation, Mobile,
labaM: (Lessee) 7
WITNESSETH:
I.
The said :'ity is the Owner of ? public airport known r_s
.airho)e Muni ci,,al irport (':.ir°3ort), situate, lying and beinc in
B,ldwin County, 1-qbama, which it -cart is under the jurisdiction
= nd o.Der-t ion- 1 control of the said Board.
II.
The LESSEE herein desires to oper<pte on said Airport as .�
"Gener-1 Fixed Base O-)erator" as the same is defined -anr determined
to be in that cert.--in Board Resolution Number , dated
January 29, 1964, and entitled "Minimum Standards for Fixed Base
Oc)er?tors" (S- ndards) wherein the specific minimum standards for
such operations .sre !rticularized :nd enumerated. The LESSEN here-
by covenants and agrees that these Stand=rds are specifics:lly P
r)art of this LE-�_Or,' the same as if set out in full herein.
The LESSEE desires to and hereby does lease th,t -.)option of
the said ;.irport as is delineated and described on t. att-ched
hereto and specifically made a part hereof as Exhibit 11.11, for an
initial period of five (5) years from the date herein,above enumer:-t-
ed, for Pn -nnual rental of One Dollar (1.00), commencing on the
29th day of Janu-ry, 1964, and ending on the 28th &y of January,
1969- with the option on the o-art of the LE',SFE to renew the le --se
for three (3) additional periods of five (5) ye-rs e-.ch on the same
terms -nd conditionF herein expressed, however, the r.entril to be
said by the LESSEE to the LESSOR shall be negotiated between the
p7,rties hereto but in no event to exceed the rates set forth in Ex-
hibit "B" which is made -a part hereof the same as set forth in P;,r-
ticular herein, The LESSEE shall give notice, in writing to the
City of intention to so extend the lease by the exercise
of this option not later than ninety (90) days bafore the expirlt_-
tion of the original period.
IV.
The L further herein c-)venFnts -nd �-ctreess to eng,:icre
1ki "aia Coilduct _,i! Gl Ln=- anci -'elvicez, .is In
the said Standards for such 11,,3eneral Fixed B;-.,Se Operator" in the
ma,nner and scope ;is provided in the said standards.
V.
The Lessee further herein covenants and agrees to carry
TWO MILLION DOLL RS ($2,000,000.00) Liability Insurr:nce to adequate-
ly protect all users of LESSEE'S services.
VI.
The LLSSEE agrees to i:%erform all routine airport mainte-
nance with the exception of soil erosion and major repairs and im-
provement to the paved surf -aces.
Vil.
The LESSOR agrees to provide adequ."te water supply and
w-ste disoos,l facilities -nd the LESSEE agrees to maintain said
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facilities.
Vill.
The LESSEE agrees to pay for all utilities used by it in
connection with its -ctivities.
The LESSEE agrees to )_teeu full and adequate rscords --nd
��.ccounts and permit to the Board access is required for the full
implementation of the terms of this greement.
The LESSEE agrees that it will purchase =ll of its petro-
leum products at the Fgirhope Arbort,, when its aircraft are con-
veniently located ne,-r said airport.
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XI.
The LESSOR 1grees that the :?mortization period on fixed
f=cilities (structures) shLlll be fifteen (15) years at which time
these improvements become the exclusive property of the City, and
the LESSEE agrees to le -se said structures to LESSOR for the period
or =ny extension thereof of this le -.se --:agreement for the sum of
One Dollar ($1.00).
Upon the breach by the LESSEE of any of the terms or con-
ditions of this Lease or the referenced Minimum Stand^rds, the
LESSOR m,zy, upon giving written notice to the LESSEE of the breach-
ed conditions and which bre:7 ch shall remain uncorrected for ninety
(90) d»ys from s=<id notice, enter into possession of the le-sed pre-
mises and structures then owned by the LESSEE shell become the ex-
clusive property of the LESSOR subject to the rights of .any mort-
g=,gors. In such event the LESSEE covenants and agrees to v-cate
peaceably and surrender the leased premises.
XIII.
Upon the bre.=,ch by the LESSOR of any term or condition of
this lease or ?Minimum Stpndards, the LESSEE shall have the right to
terminate this lease and be reimbursed for the then unamortized
capital improvement expenditure (structures) or, =t the LESSEE'S
option or election, the LESSEE m=y remove the said structures.
If the LESSEE fails to exercise its option at the expira-
tion of this Le�:se, the LESSOR may purchase all perm--.nent improve-
ments to the irport ;It their then unamortized value. ;Should the
Lessor not exercise this option, the LESSEE may remove said struc-
tures.
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The LESSOR hereby also le--ses unto the LESSEE an Drea =de-
quate to provide underground storage for fuel and lubricants adja-
cent to the demised premises set forth in Exhibit "," herein.
VVI.
Should .additional area become available for such F- ctivities
the LESSOR L,,grees to give LESSEE equal opportunity to lease same
or any part thereof with any other prospective LESSEE during the
terms of this lease or any renewal thereof.
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IN WITNESS WHEREOF the parteis hereto have hereunto set
their official signatures on the date set opposite their names.
FAIRHOPE AIRPORT BOARD
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By(
('TTES •
1/30/64
SECRETARY
.APPROVED:
CITY OF FAIFHOPE
f' 1/30/64
MAYOR
✓� ��-; ,1/30/64
CLERK
AAA AIR SERVICE, INC.
.- 1/30/64
'ZL GSi NT
ATTEST: ° "- ^ 1/30/64
STATE OF ALAB4AMA
B.ALDWIN COUNTY
I, the undersigned, a Notary Public, in and for said County
in said State, do hereby certify that
and, ti , whose names as Chairman and Sec-
retary of The r=iirh pe Airport Board, the duly constituted agent
of the City of airhope, Alabama, a. municipal corporation, are sign-
ed to the foregoing instrument, and who are known to me, acknow-
ledged before me on this day that, being informed of the contents
of the instrument, they, as such officers and with full authority
in their representative capacities, executed the same voluntarily
for and as the act of said Fairhope Airport Board the duly con-
stituted agent of the City of Fairhooe, a municipal corporation.
Given under my hand,
1964.
S T' TF OF " L ' B.
R. '.tLD'r?IN COUNTY
i
this the day of ,
�-
Not a ry _4bl is
I, the undersigned, a Notary Public in nd for sp id County
i
in said State, do hereby certify=nd
t' C` whose n-mes .as President and Sacre-
t--ry of the ` ` fir Service, Inc., an �labamn corporation, are
signed -to the foregoing instrument, -nd who .-re known to me acknow-
ledged before me on this day thet, being informed of the contents
of the instrument, they, as such officer. M.nd with full authority,
executed the same voluntarily for and as the act of --aid corporation.
Given under my h nd, this the, day of
1.9c4.
Notary ubl is
i
B L uWIN COUNTY
I, the undersigned, a Notary Public in rnd for said county
in s:Ad State, do hereby certify that Joe Schneider and Marie Moore,
whore names as Mayor -nd City Clerk of the City of Fairhope, 1-
b=m-,, a municipal corporaation, are signed to the foregoing instru-
ment, end who re known to me acknowledged before me on this dray
that, being informed of the contents of the instrument, they, -:.s
such officers and with full-uthority, executed the s-ime voluntarily
for and as the Fct of municipal corporatio7--day
riven under my hand, this the >C of
1964.
Not,. PulAic
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0
EXHIBIT "B"
1.
4t
per
gallon - aviation gasoline.
2.
2%
of
oil or
lubricants.
3.
15% of
gross
aircraft sale profit.
4.
2%
of
gross
income-
aircraft parts.
5.
2%
of
gross
income-
maintenance and repair work.
6.
No
of
gross
income-
charter and air taxi service.
7.
20
of
gross
income-
aircraft rental.
9.
2%
of
gross
income-
flight training.
9.
2%
of
gross
income-
hangar rental.
10.
2%
of
gross
income -
tie -down space.
Councilman Nelson moved that unanimous consent be given for
immediate consideration of and action on said resolution,
which motion was seconded by Councilman Spader, and upon the
motion being put to vote the following vote was recorded:
Yeas: Mayor pro tempore Poser,.Councilmen: Gaston, Nelson
and Spader. Nays: None. Carried unanimously.
Councilman Spader thereupon moved that said Resolution be
finally adopted which motion was seconded by ,Councilman
Nelson and pon be put to vote th follo zn v, to was
recorded: eas: nor pro tempore Poser, ouhcztmen: Gaston,
J Nelson, Spader. Nays: None. The Mayorpro tempore there-
upon announced that the motion for adption of said resolution
had been unanimously carried.
Lease agreement between the City of Fairhope through the
Fairhope Airport Board and AAA Air Service, Inc. was pre-
sented for consideration.
Motion by Councilman Nelson seconded by Councilman Gaston
that aggreement be approved as written and that Mayor and City
lerk be authorized to evidence approval by signing same.
Motion carried unanimously.
Motion by Councilman Nelson seconded by Councilman Gaston that
letter be written and published in the FAIRHOPE COURIER
commending the Federal Aviation Agency, Airport Board, State
Department of Aeronautics and others connected with Municipal
Airport. Motion carried.
Council discussed extending paving Tensaw Avenue from Mobile
Avenue to bluff. No action taken.
It was duly.moved and seconded that the meeting adjourn.
Motion carried.
Mayor pro tempore
Attest:
City Clerk
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