Loading...
HomeMy WebLinkAboutORD 6407 RATE CHARGES AUGUSTA REGIONAL AIRPORT Augusta Richmond GA DOCUMENT NAJ\1E: 0 -' :2-00\ -vi-! 07 DOCUMENT TYPE: Drcl i n(A () te- YEAR: 9-0() \ BOX NUMBER: \ d- FILE NUMBER: , 5 Y 7 ~ NUMBER OF PAGES: I~ . t '- to ORDINANCE NO. 6407 AN ORDINANCE ESTABLISHING RATES AND CHARGES FOR THE USE OF THE AUGUSTA REGIONAL AIRPORT AT BUSH. FIELD; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME AS FOLLOWS: Section 1. The Augusta-Richmond County Code by adding new sections to be numbered as S 1-3-8.1 through S 1-3-8.6, to read as follows: ~ 1-3-8.1 DEFINITIONS The following words, terms and phrases shall have the meanings respectively ascribed to them in this Article. (a) "Aircraft Arrival(s)" shall mean the arrival at the Airport of any Aircraft Operator's aircraft (including, without limitation, any flights conducted for aircrew training). As long as Aircraft Operator provides scheduled passenger or cargo service to the Airport, Aircraft Arrivals shall not include any flight that returns to the Airport because of maintenance, mechanical, or other precautionary reason, other than meteorological. (b) "Aircraft Operator" shall mean any entity operating aircraft into and out of the Airport under Part 121 or Part 135 of the F ARs, or the practical equivalent of said Parts and using the Terminal Building. 1 \ . t' ... I- (c) "Aircraft Parking Apron" means that portion ofthe Airfield located adjacent to the Concourse and depicted on Exhibit "A-I" hereof where Aircraft Operators park aircraft. (d) "Aircraft Parking Position(s)" shall mean the location(s) on the Aircraft Parking Apron where aircraft are parked for the purpose of enplaning and deplaning passengers. (e) "Airfield" shall mean those portions of the Airport which provide for the landing, takeoff, taxiing, movement, or staging of aircraft including navigational aids, hazard designation and warning devices, airfield security roads, fencing, lighting, runway protection zones, aviation easements and interests in property utilized in connection therewith. (f) "Airport" shall mean the Augusta Regional Airport at Bush Field located in Augusta, Georgia. (g) "Air Transportation" shall mean the conduct of the business of commercial air transportation of persons, property, cargo and mail. (h) "Certificated Maximum Gross Landing Weight" or "CMGLW" shall mean the current maximum allowable gross landing weight certified by the Federal Aviation Administration, expressed in 1,000 pound units or fraction thereof, of aircraft operated by an Aircraft Operator. (i) "Common Use Formula" shall mean the fommla used to allocate the Common Use Requirement for a given Fiscal Year among the Aircraft 2 ~ ( -... f Operators such that 100% of such Common Use Requirement is allocated among all Aircraft Operators in the proportion that each Aircraft Operator's Enplaned Passengers at the Airport during the previous month bears to the Enplaned Passengers of all Aircraft Operators at the Airport during such month. U) "Common Use Premises" shall mean the lobby area, baggage claim area, security check point area and any other areas in the Terminal Building used in common by Aircraft Operators together with all facilities, improvements and equipment which have been or may hereafter be provided for use in connection with such premises. The Common Use Premises in the Terminal Building are described on Exhibit "A-2". (k) "Concourse" shall mean the building connected to the Terminal Building and used to assemble and process Passengers. (I) "Concourse Gate Position" shall mean an Aircraft Parking Position, loading bridge (if any) and Passenger Hold Room in an area in the Concourse assigned to Aircraft Operator or another Aircraft Operators for the purpose of assembling and processing passengers. (m) "Contract Security" shall mean a contract bond, irrevocable letter of credit or other security acceptable to Augusta in an amount equal to three (3) months' rentals and landing fees payable by an Aircraft Operator under Section 1-3-8.4 of this Ordinance. (n) "Deplaned Passengers" shall mean all passengers deplaned by an 3 .. ~ ,: Aircraft Operator on aircraft operated at the Airport. Without limiting the generality of the foregoing, Enplaned Passengers shall also include persons for whom the Aircraft Operator has provided the particular air transportation on a substantially complimentary basis such as employees of an airline, family members of such employees, persons traveling on "buddy passes," employees of other airlines, and those passengers redeeming "frequent flyer" awards and travel vouchers. (0) "Enplaned Passengers" shall mean all passengers enplaned by an Aircraft Operator on aircraft operated at the Airport. Without limiting the generality of the foregoing, Enplaned Passengers shall also include persons for whom the Aircraft Operator has provided the particular air transportation on a substantially complimentary basis such as employees of an airline, family members of such employees, persons traveling on "buddy passes," employees of other airlines, and those passengers redeeming "frequent flyer" awards and travel vouchers. (p) "Exclusive Use Premises" shall mean those premises which have been licensed exclusively to an Aircraft Operator. The Exclusive Use Premises in the Terminal Building are described on Exhibit "A-3". (q) "Executive Director" shall mean the Executive Director of Augusta Regional Airport at Bush Field designated by Augusta to manage the Airport on its behalf and to act for Augusta or such person's duly authorized designated representative. (r) "Fiscal Year" shall mean the twelve-month period beginning on the 4 ~ ( f first day of January of any year, or such other twelve-month period as may later be adopted by Augusta as its Fiscal Year. (s) "Landing Fee(s)" shall mean the payment required of Aircraft Operator each month, without deduction or setoff, for the use of the Airfield. (t) Landing Fee Rate" shall mean the rate multiplied by each 1,000 pounds of CMGL W or fraction thereof to calculate Landing Fees. (u) "Preferential Assignment" shall mean the right of an Aircraft Operator to use certain Preferential Use Premises (including loading bridge(s) and other installed equipment where applicable) on a preferential but non- exclusive use basis. (v) "Preferential Use Formula" shall mean the formula used to allocate the Preferential Use Requirement for a given Fiscal Year an10ng the Aircraft Operators assigned to use the Preferential Use Premises such that one-half of such Preferential Use Requirement is allocated among the such users of the Preferential Use Premises in the proportion that each such user's Enplaned Passengers at the Airport during the previous month bears to the Enplaned Passengers of such users during such month. (w) "Preferential Use Premises" shall mean the passenger hold rooms, loading bridge(s), if any, and the Airport Parking Position that have been licensed to a specific Aircraft Operator on a preferential use basis together with all facilities, improvements, equipment and services which have been or may hereafter be provided for use in connection with such premises. The 5 ~ Preferential Use Premises at the Airport are described on Exhibit "A-I". (x) Premises" shall mean the Exclusive Use, Preferential Use, and Common Use Premises licensed to a specific Aircraft Operator. (y) "Rental Rate" shall mean the annual charge per square foot for the space licensed to the Aircraft Operators. (z) "Terminal Building" shall mean the Airport's passenger terminal building, exclusive of the Concourse, as depicted on Exhibit "A-2". (aa) "Terminal Rental" shall mean the aggregate of monthly payments required of a specific Aircraft Operators in each Fiscal Year for the license granted such Operator to occupy specific Premises in the Tem1inal Building. (bb) "Total Landed Weight" shall mean the sum of CMGLW of all Aircraft Arrivals over a stated period of time. ~ 1-3-8.2 EFFECTIVE DATE This Ordinance shall become effective as of July I, 200] (the "Effective Date") and shall continue in effect until superceded by a replacement ordinance or by an agreement between the Aircraft Operators serving the Airport and Augusta. ~ 1-3..8.3 PRIVILEGES (a) Rights. Each Aircraft Operator is hereby granted the right to operate an Air Transportation system at the Airport for the carriage of persons, property and mail, including all activities reasonably necessary to such operation. 6 , (b) Premises. In connection with the operation of its Air Transportation system, Augusta does hereby grant to each Aircraft Operator a month to month license to use the premises in the Terminal Building set forth below. By using and occupying the Premises, an Aircraft Operator acknowledges that satisfied with the condition of the Premises and does hereby release and forever discharge Augusta from all liens and liability, damages and costs arising out of the use of the Premises. (c) Exclusive Use Premises. Each Aircraft Operator serving the Airport shall be granted a license to use the premises in the Terminal Building assigned for its exclusive use. The exact amount and location of the exclusive use premises assigned to each Aircraft Operator as of the Effective Date is set forth on Exhibit "A-3". (d) Preferential Use Premises. Each Aircraft Operator serving the Airport shall be granted a license to use the Preferential Use Premises assigned to such Operator by the Executive Director (together with all facilities, improvements, equipment and services which have been or may hereafter be provided for use in connection with such premises), subject to the rights of Augusta and other Aircraft Operators to use such facilities jointly. The exact amount and location of the premises assigned to each Aircraft Operator on a preferential use basis as of the Effective Date is set forth on Exhibit "A-I". (1) Augusta retains the right to permit any Aircraft Operator without sufficient Concourse Gate Positions for its flight operations to use a Concourse Gate Position over which an Aircraft Operator has a Preferential Assignment, provided that such Concourse Gate Position is not required by the Aircraft Operator with the Preferential 7 " Assignment for one of its scheduled flights. (2) If an Aircraft Operator is required by the Executive Director to move its aircraft from an Aircraft Parking Position to accommodate another Aircraft Operator, such relocation shall be at the cost and expense of such other Aircraft Operator and the Executive Director shall designate a paved aircraft parking space in a reasonably convenient area of the Airport to accommodate the relocated aircraft. (e) Common Use Premises. Each Aircraft Operator serving the Airport is here"by granted a license to use the Common Use Premises (together with all facil [ties, improvements, equipment and services which have been or may hereafter be provided for use in connection with such premises) in common with other Aircraft Operators serving the Airport. The exact amount and location of the Common Use Premises is set forth on Exhibit "A-3". (f) Surrender of Possession. Each Aircraft Operator shall perform normal maintenance in its Premises and keep such premises in good clean and sanitary condition. An Aircraft Operator that vacates its Premises shall yield and deliver possession of the Premises to Augusta in clean and good condition, except for reascnable wear and tear and insured casualty. An Aircraft Operator may remove its trade fixtures from the Premises but shall be responsible for and pay to Augusta the amount reasonably determined by Augusta to be the cost of repairing any damage caust:d by the removal of such trade fixtures. ~ 1-3-8.4 SPACE RENTALS AND USE CHARGES (a) Terminal Building Space Rentals. Each Airport Operator shall pay 8 '. Terminal Rent to Augusta for its Premises, facilities, rights, licenses and privileges hereunder at (i) the Rental Rate per square foot for its Exclusive Use Premises, (ii) its proportionate share of the Preferential Use Requirement pursuant to the Preferential Use Fornmla, and (iii) its proportionate share of the Common Use Requirement pursuant to the Common Use Formula. The amounts required to calculate such rental are set forth below: Rental Rate for Exclusive Use Premises Preferential Use Requirement Common Use Requirement $30.00 per square foot $30.00 per square foot $30.00 per square foot (b) Landing Fees. Each Aircraft Operator shall pay Landing Fees to Augusta for its use of the Airfield at the Airport at an annual landing fee rate of $1.50 per CMGLW. (c) Monthly Report. Each Aircraft Operator shall furnish to Augusta on or before the 10th day of each month a true and accurate written report in a form satisfactory to the Executive Director showing the number of its Enplaned and Deplllled Passengers, Aircraft Operator's total number of Aircraft Arrivals by type of aircraft, CMGL W of each type of aircraft and the weight of air mail and air cargo (if any) loaded and unloaded by Aircraft Operator at the Airport during the immediately preceding month and a report of its percentage of on-time arrivals and departures to and from the Airport. If an Aircraft Operator should fail to furnish the required information to Augusta on or before the tenth (10th) day of such month, the Executive Director may estimate the missing information using any reasonable method. For example, the Executive Director may use an Aircraft Operator's published schedule, the FAA's tower logs for the Airport, Aircraft Operator's past 9 ,. .. history at the Airport or any other available information to reasonably approximate an Aircraft Operator's CMGL W. Should the defaulting Aircraft Operator sub:;equently deliver to Augusta the required report for the month in question con':aining information which differs from the Executive Director's estimate, the Executive Director may, but shall not be required to, make an adjustment to the fees payable by the defaulting Aircraft Operator based upon the late information. Any resulting deficits or credits from the recalculation shall be applied to the Aircraft Operator's Terminal Rental or Landing Fee requirement as appropriate for the next succeeding month. Upon the request of the Executive Director each Aircraft Operator shall provide the Executive Director with a certification of the then current CMGL W for each aircraft type which it operates. (d) Invoicing Terminal Rentals and Aircraft Parking Apron Rentals. Each month, in advance, Augusta will invoice each Aircraft Operator for the Terminal Rentl1 applicable to its Premises. Airline shall also be invoiced monthly for and be required to pay its proportionate share of the rental for its use ofthe Preferential Use Premises and the Common Use Premises as determined by application of the Preferential Use Formula and the Common Use Formula. (e) Invoicing Landing Fees. Upon receipt of the report referred to in subsection (c) above, Augusta will invoice each Aircraft Operator for Landing Fees computed by multiplying the CMGL W of all such Aircraft Operator's Aircraft Arrivals at the Airport during the preceding calendar month by the Landing Fee Rate. (f) Payment of Invoices. All invoices for Terminal Rentals, Aircraft Parking 10 ... .. Apron Fees, Landing Fees and other fees and charges shall be due and payable by the thirtieth (30th) day after the receipt of Augusta's invoice. Any invoice not paid by the thirtieth (30th) day after receipt of Augusta's invoice shall be in default and shall be increased by a late charge per day in the amount of 1I20th of one percent per day of the fees and charges invoiced, assessed from the thirty first (31st) day after the date of receipt of Augusta's invoice until the date payment is received by Augusta. Auglsta's invoice and Airline's payment shall be deemed to have been received as of the third (3rd) day after the date the same is postmarked as having been deposited in first class, United States Mail, postage prepaid, addressed to the last known address of Augusta, or Aircraft Operator. (g) Contract Security. Unless Aircraft Operator has provided regularly scheduled passenger flights to and from the Airport for the eighteen (18) months prior to the Effective Date of this Ordinance during which period such Aircraft Operator was not in default in the payment of its rentals, fees and charges to the Airport, such Aircraft Operator shall provide Augusta on the Effective Date (or the date upon Aircraft Operator commences service at the Airport) with Contract Secu:~ity to guarantee the faithful performance by Aircraft Operator of its obligations under this Ordinance and the payment of all fees and charges due hereunder. Aircraft Operator shall be obligated to maintain such Contract Security in effect until the expiration of eighteen (18) consecutive months (including any period prior to the Effective Date of this Ordinance during which such Aircraft Operator provided regularly scheduled passenger flights to and from the Airport) during which such Aircraft Operator is not in default in the payment of its rentals, fees and charges to the Airport. Such Contract Security shall be in such form and with such company licen:;ed to do business in the State of Georgia as shall be acceptable to Augusta in 11 -- its reasonable discretion. In the event that any such Contract Security shall be for a period of less than the full 18 month period described above, or if such Contract Security may be canceled, then the Aircraft Operator shall provide a renewal or replacement Contract Security for the period following the expiration or cancellation of such Contract Security previously provided at least sixty (60) days prior to the date on which such previous Contract Security expires or at least sixty (60) days prior to the effective date of such cancellation. (h) Default. If at any time an Aircraft Operator shall default in the payment of its rentals, fees and charges to the Airport, Augusta shall have the right, by written notice to such Aircraft Operator given at any time within ninety (90) days of such default in the payment of its rentals, fees and charges to the Airport, to impose or reimpose the requirements of subsection (g) on such Aircraft Operator. In such event, the defaulting Aircraft Operator shall within ten (10) days from its receipt of such written notice, provide Augusta with the required Contract Security and shall thereafter maintain such Contract Security in effect until the expiration of a period of eighteen (18) consecutive months during which such Aircraft Operator is not in default in the payment of its rentals, fees and charges to the Airport. The requirement to post Contract Security in the event of a default in the payment of its rentals, fees and charges to Augusta shall be in addition to all other rights and remedies available to Augusta to enforce payment or satisfaction of the defaulting Aircraft Operator's obligation. ~ 1-3-8.5 INDEMNITY AND INSURANCE Upon entering the Airport and as an express condition for licenses granted to an Aircraft Operator, each Aircraft Operator agrees as follows: 12 ... (a) Indemnity. Each Aircraft Operator shall indemnify, protect, defend and hold completely harmless Augusta, its members, officers, employees and agents from and against any and all liabilities (including without limitation, liability under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sec. 9601, et.seq., or any other federal, state or local environmental statute, ordinance, regulation or rule), losses, suits, claims, demands, judgments, fines, penalties, damages, costs and expenses (including all costs for investigation and defe::1se thereof, including but not limited to court costs, expert fees and reasonable attorneys' fees prior to or after institution ofIegal proceedings and at both trial and appellate levels) which may be incurred by, charged to or recovered from any ofthe foregoing, (i) by reason or on account of damage to or destruction of the property of Augusta, or any property of, injury to or death of any person, resulting from or arising out of use, occupancy, or maintenance of such Aircraft Operator's Premises or any improvements thereto, of such Aircraft Operator's operations thereon, or any environmental matters relating thereto or the acts or omissions of such Aircraft Operator's officers, agents, employees, contractors, subcontractors, invitees or licensees, regardless of where the damage, destruction, injury or death occurred, except to the extent that such liability, loss, suit, claim, demand, judgment, fine, pena:.ty, cost or expense was proximately caused solely by the negligence or willful misconduct of Augusta or any person other than such Aircraft Operator or its officers, agents, employees, contractors, subcontractors, invitees or licensees. The Executive Director shall give such Aircraft Operator reasonable notice of any such claims or actions. The provisions of this section shall survive the expiration or earlier termination of the term of this Ordinance with respect to any acts or omissions OCCUlTing during the term. 13 .. ..- The foregoing provisions of this section are not intended and shall not be construed to limit in any manner whatsoever the protection or benefits to which Augusta otherwise would be entitled as an additional insured under any liability insurance policy maintained or required to be maintained by an Aircraft Operator hereunder. (b) Liability Insurance Requirements. Each Aircraft Operator shall, at its own cost~; and expense, purchase, carry and keep in force during the term of this Ordinance automobile liability insurance (any auto, including owned autos, non- auto:; and hired autos), commercial general liability insurance (including, but not limited to premises/operations, products/completed operations, contractual, independent contractors, broad form property damage, and personal injury coverage, as applicable, and such other coverage as may from time to time as may be requested by Augusta, from time to time) and environmental liability coverage (including without limitation, liability under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sec. 9601, et.seq., or any other federal, state or local environmental statute, ordinance, regulation or rule), protecting such Airline Operator, Augusta, its members, officers, employees and agents of each, each of whom shall be named as additional insureds, from and against any and all liabilities arising out of or relating to such Aircraft Operator's use and occupancy of the Premises, or the conduct of its operations on the Airport (whether such operations are by such Aircraft Operator or its direct air carriers or contractors, or their agents, representatives or employees) and in such fonn and with such company or companies approved for issuance in the State of Georgia as Augusta may reasonably approve, with a combined single limit (or its equivalent) per occurrence of not less than the amount $100,000,000, with a deductible reasonably acceptable to Augusta, with a waiver of any right of subrogation that the insurer may have against Augusta, with contractual liability coverage for such Aircraft Operator's covenants to and 14 .. . ~ indemnification of Augusta under this Ordinance and with the insurance company obligated to use counsel reasonably acceptable to Augusta in carrying out its obli,sations to Augusta. This insurance shall provide that it is primary insurance as respects any other valid and collectible insurance Augusta may possess, including any self-insured retention or deductible Augusta may have, and that any other insurance Augusta does possess shall be considered excess insurance only. This insurance shall also provide that it shall act for each insured and each additional insured as though a separate policy has been written for each; PROVIDED, however, that this provision shall not operate to increase the policy limits of the msu:~ance. Each Aircraft Operator shall purchase and maintain fire and extended coverage insurance on, or shall self-insure, its contents, improvements, modifications, equipment, furnishings, betterments and other incidental personal property. The Aircraft Operators hereby releases and discharges Augusta from all claims or liabi:lities arising from or caused by fire or other casualty covered by insurance in effect on the Terminal Building or contents and personal property in, at or on the Temlinal Building. All such policies shall include a waiver of subrogation with respect to the provisions of this Ordinance to the extent permitted by each party's . . msurance carrIer. No Aircraft Operator shall do or permit to be done any act or thing upon the Airport which will invalidate or conflict with any outstanding insurance policies. (c) Workers Compensation Insurance. If the nature of an Aircraft Operator's use or business operations on the Airport is such as to place any or all of its 15 .. ~ .. .. ~ employees or any leased employees under the coverage of local workers' compensation or similar statutes, such Aircraft Operator shall obtain and also keep in force, at its expense, workers' compensation or similar insurance with a company or companies acceptable to Augusta affording the required statutory coverage and containing the requisite statutory limits. (d) Certificate(s) of Insurance. At least three (3) business days prior to the commencement of the tern1 of this Ordinance and at least ten (l0) days prior to the expi:ration of any policy or policies heretofore provided hereunder by each Aircraft Operator, each Aircraft Operator shall cause its insurer to furnish Augusta with a certi ficate(s) of insurance, evidencing all of the required insurance coverage. Such certi"ficate(s) shall provide that the policies of insurance referred to therein shall not be subject to cancellation, lapse or other material change except after delivery of written notice by certified or registered mail to Augusta at least thirty days prior to the effective date of such cancellation or material change. Each Aircraft Operator, no later than thirty (30) days prior to the effective date of such cancellation, lapse or material change shall provide Augusta with substitute certificate(s) of insurance complying with this Article. Each Aircraft Operator understands and agrees that the minimum limits of the insurance required in this Article may become inadequate during the period this Ordinance is in effect, and further agrees that Augusta may raise such minimum requirements to then current airport industry standards. If at any time an Aircraft Operator shall fail to obtain and maintain in force the insurance required herein, Augusta may but shall have no obligation to, on written notic,e to such Aircraft Operator, obtain such insurance for such Aircraft Operator's account and obtain reimbursement within thirty (30) days. Notwithstanding the 16 ..- " ,<I .. .f . foregoing, Augusta may elect to terminate this the Aircraft Operator's rights under this Ordinance immediately upon the failure to provide such insurance. (e) Waiver of Damage. Each Aircraft Operator hereby expressly waives and releases any cause of action or right of recovery for compensation for any and all loss or damage sustained by reason of any fire, defect, deficiency or impairments of any of the services in or to the Premises or the Airport, including, but not limited to, electrical power, gas, telephone service, steam, heating, air conditioning, water supply, drainage or sewage systems, or from wires leading to or inside of any space or st~ucture, or by reason of any loss resulting from the failure of any such system or facillty unless such loss or damage is due to the negligence or willful misconduct of Augusta or its officers, agents or employees. ~I-3-8.6 ACKNOWLEDGMENT By continuing to serve the Airport and paying the appropriate fee each Aircraft Operator acknowledges that it understands and will comply with the tenns and conditions contained in this Ordinance. Section 2. This Ordinance shall become effective upon adoption. All Ordinances or parts of Ordinances in conflict with this Ordinance Section 3. are hereby repealed. Section 4. If any section, provision, or clause of any part of this Ordinance be declared invalid or unconstitutional, or if the provisions of any part of this Ordinance as applied to any particular situation or set of circumstances be declared invalid or unconstitutional, such 17 .. <It .; ,f j . ., . invalidity shall not be construed to affect portions of this Ordinance not so held to be invalid, or the application of this Ordinance to other circumstances not so held to be invalid. It is hereby declared as the intent that this Ordinance would have been adopted had such invalid portion not been included herein. Duly adopted this 19 .July ,2001. A7i~:J~ ~, lerk f r Bob Young, Mayo First Reading: 6 19 01 Second Reading: 7-3-01 Published in the Augusta Chronicle July 12, 2001 18 , 200 I, and this 3rd day of