10-36-060 GRANTING OF LEASES, LICENSES OR PERMITS FOR USE OR OCCUPANCY OF GA AREA PROPERTY FOR COMMERCIAL PURPOSES
A. It is the intent of the County to plan, manage, operate, finance and redevelop or further develop the Airport for the long-term financial health of the Airport consistent with accepted Airport management and development practices, reasonable commercial aeronautical practices, Pitkin County land use and environmental policies and regulations, and applicable federal and local policies and regulations. To this end, all applicants to perform Commercial aeronautical services and activities on the Airport shall be accorded a fair and reasonable opportunity, without unlawful discrimination, to qualify and to compete, to occupy available Airport property and Facilities and to provide or conduct appropriate aeronautical services or activities; subject, however, to the Minimum Standards and requirements as established by the County as set forth in this division.
B. In all cases where the words “standards” or “requirements” appear, it shall be understood that they are modified by the word “minimum” except where a “maximum” is clearly identified. Determinations of minimum shall be from the Airport’s point of view as an Airport owner, proprietor, leesor, licensor or permittor. All Operators will be encouraged to exceed the minimum in terms of quality of Facilities or services. No Operator will be allowed to occupy area or conduct activities under conditions less than the minimum, unless expressly waived in writing by the County.
C. Contingent upon its: (1) pre-qualification; (2) demonstrated compliance or plan for compliance with the established Minimum Standards (including incorporated laws, regulations and policies); (3) success in a competitive selection (procurement) action and/or a land-use application and approval process, if required; (4) execution of a written lease, license or permit agreement with the County; (5) satisfactory performance of its obligations under that agreement, including the payment of prescribed rentals, fees and charges; and (6) compliance with all applicable federal requirements, (i.e., Airline, Aircraft and flight crew certifications), an approved Commercial Aeronautical Operator shall have the right and privilege of occupying Airport Facilities and engaging in and provision or conduct of the services or the activity or an aggregate of activities on the Airport as specified therein.
The granting of such right and privilege, however, shall not be construed in any manner as affording the Operator any Exclusive Right of use of the premises and Facilities and the Airport, other than those premises which may be leased exclusively to it, and then only to the extent provided in a written lease, license or permit.
D. The County reserves and retains the right for the use of the Airport by others who may desire to use the same, pursuant to applicable federal, state and local laws, ordinances, codes, Minimum Standards and other regulatory measures pertaining to such use. The County further reserves the right to designate the specific Airport areas in which the individual, or an aggregation of, aeronautical services and activities may be conducted in accordance with the current adopted Airport Layout Plan. Such designation shall give consideration to the nature and extent of the operation and the lands and Improvements available for such purpose, consistent with the orderly and safe operation of the Airport.
E. Commercial Aeronautical Operators shall be required to comply with all TSA regulations, rules, directives and orders as set forth in Parts 1542 of Title 49 of the Code of Federal Regulations, as amended, if amended, or as issued in writing or verbally by any authorized TSA Employee, including, for example and without limitation, current requirements for security assessments for flight school students and any future security requirements applicable to general aviation.
F. County Airport Planning Policy. The County acknowledges that a number of difficulties in the operation and redevelopment of the Airport and planning for further development have been caused by a lack of and/or a deferral of long-term planning. Historically, the Airport has both operated, planned and developed in two separate halves: The “Air Carrier End” and the “General Aviation End” (or “GA Area”).
With respect to the GA Area, which is the subject of these Minimum Standards, the County adopts a policy to plan and to redevelop (or further develop) the Airport, to the greatest extent possible, in planning periods with five-year increments, for several reasons: to co-ordinate with FAA grant planning, Airport CIP and financial planning and Air Carrier rate-making; to permit the impacts and implications of one redevelopment or further development project to be recognized, calculated and, if possible, absorbed before embarking on another project; and to phase growth in airport Facilities, capacity and Traffic in amounts commensurate with the Airport’s ability to maintain its professional operating standards in terms of infrastructure and staff. (§ 10.36.060 repealed reenacted Ord. 028-05)