Sec. 3-136. - Approval of director prerequisite to business activity.

No person shall engage in any business or commercial activity of any nature whatsoever on the airport except with the prior written approval of the director, and under such terms and conditions as may be set forth in a permit issued by or a contract executed with the city.

(Ord. No. 2011-01-20-0048, § 1(Att. I), 1-20-11)

Sec. 3-137. - Commercial photography, film, and recordings.

No person, except representatives of the news media on duty or during official assignments, shall take still, motion, television, or sound pictures for commercial purposes on the airport without the express written consent of the director.

(Ord. No. 2011-01-20-0048, § 1(Att. I), 1-20-11)

Sec. 3-138. - Insurance requirements.

Anyone conducting a business or enterprise upon the airport must obtain insurance of such types and in such amounts as may be determined from time to time by the director. Insurance requirements may vary among different types of service providers and may be periodically adjusted to ensure that the city, airport passengers, and the interests of the public are adequately protected. Such insurance shall be issued by a company authorized to do business in the state and presented in a form and content acceptable to the director. Such insurance shall contain a statement naming the city as an additional insured. All such insurance policies shall provide for minimum of thirty (30) days' notice to the city prior to cancellation. The city shall have no duty to issue lease agreements or permits, or to pay or perform under contract until evidence of adequate insurance shall have been delivered to the city. All businesses shall be prohibited from commencing work until the proper notification of insurance has been delivered to the city.

(Ord. No. 2011-01-20-0048, § 1(Att. I), 1-20-11)

Sec. 3-139. - Rates for parking and storage of aircraft.

Rates for parking and storage of aircraft are based on the certificated maximum gross landing weight of aircraft. Rates may be periodically adjusted as allowed by city council. Charts of the most current rates may be obtained upon request.

(Ord. No. 2011-01-20-0048, § 1(Att. I), 1-20-11)

Sec. 3-140. - City gate permit.

The director is authorized to issue city gate permits to air transportation companies and baggage handling companies for temporary access to airport terminal facilities to offload and board passengers. The permit and policy procedures for the use of city gates shall be as authorized by city council from time to time.

(1)

City gate facilities shall include those facilities necessary for the servicing of passengers, such as gates, loading bridges, and holdrooms that are not leased to an airline on an exclusive or preferential basis.

(2)

City gate fees shall be assessed in accordance with the rates and charges paid by signatory airlines under the effective airline-airport use and lease agreement. In the absence of an effective airline-airport use and lease agreement the city gate fee shall be determined by the approved rates and charges ordinance.

(3)

City gate fees shall be assessed on a per turn basis. A turn is considered to consist of the use of a city gate for one (1) hour for domestic flights and one and one-half (1.5) hours for international flights.

(4)

Neither an actual departure nor offloading of passengers shall be a requirement for city gate fees to accrue. Parking at a city gate shall constitute use of the city gate. All overnight parking at city gate(s) shall be billed in accordance with the domestic flight basis (e.g., an aircraft parking at a city gate for eight (8) hours shall be billed for eight (8) turns).

(Ord. No. 2011-01-20-0048, § 1(Att. I), 1-20-11)

Sec. 3-141. - Express use of facilities.

(a)

The security of all pedestrian and vehicular gates, building doors, access ramps, fences, walls, and other access points that lead from a tenant, lessee, or contractor area to or from the AOA or any other restricted area on the airport shall be the responsibility of the tenant, lessee, or contractor whose controlled area abuts the AOA.

(b)

All leaseholds, improvements, and real and personal property on airport property are expressly for the conduct of the owner's or lessee's business and operations. No person other than employees or licensees of the owner or lessee shall make use of these facilities or loiter around such premises without specific permission of the owner or lessee.

(Ord. No. 2011-01-20-0048, § 1(Att. I), 1-20-11)

Sec. 3-142. - Changes by tenant.

No tenants or lessees will be permitted to effect structural changes, additions or decorative changes, including signs or displays of any type, or repairs to any city-owned buildings without prior written permission of the director. Additionally, no tenant or lessees shall be permitted to effect changes to any existing non-city owned facility located on airport property, construct a new facility on airport property, or complete surveying work on airport property without prior written permission from the director. The tenant or lessee shall furnish any and all documentation regarding the proposed changes or construction, in a quantity specified by the director, to the director for review and approval.

(Ord. No. 2011-01-20-0048, § 1(Att. I), 1-20-11)

Sec. 3-143. - Integrity of leased premises.

All tenants or lessees shall observe the graphic boundaries associated with and assigned to each lease agreement as being absolute and shall not encroach on adjacent areas by locating vehicles, aircraft, or equipment on or in such a manner as to have any portion extending onto or over adjacent property.

(Ord. No. 2011-01-20-0048, § 1(Att. I), 1-20-11)

Sec. 3-144. - Utility payments.

Every tenant shall provide a meter for the purpose of accurately measuring gas, water, and electrical power used by the tenant, or shall pay a flat fee for these utilities as prescribed by the director, except as may be provided for in individual leases.

(Ord. No. 2011-01-20-0048, § 1(Att. I), 1-20-11)

Sec. 3-145. - Aircraft, vehicles, equipment or parts left on the airport.

No person shall park or store a vehicle or equipment in an airport parking facility, in a parking facility under the control of an airport tenant of the city, or other area authorized for parking, which shall have been left unattended or inoperable upon the airport for a period of sixty (60) days or more without a written permit from the aviation department or its authorized agent. Vehicles so left unattended shall be presumed to have been abandoned and may be considered and treated as such.

Upon notification and demand by the director, either orally or in writing, to the owner or operator of any motor vehicle, aircraft, or disabled equipment or parts left on the airport, it shall be the duty of the owner or operator to remove the same at his/her own expense. If, after such demand, the owner or operator fails or refuses to remove such property within a reasonable time as determined by the director under the circumstances and conditions created by the presence of such property, the director may cause the same to be impounded and/or stored. The cost of such removal, impound, storage, and any parking fees due at the time of removal shall be a charge against the owner or operator of such property; and upon the payment of the charge, the property shall be released and possession shall be restored to the owner or operator. If the owner cannot be determined, the city shall have the right to dispose of the property by sale or otherwise and to keep the proceeds therefrom.

(Ord. No. 2011-01-20-0048, § 1(Att. I), 1-20-11)

Sec. 3-146. - Construction or repair.

(a)

Prior approval shall be obtained from the director before any survey, repair, or construction activity of any kind is commenced on any city-owned property at the airport. This shall include utility connections, paving, excavations, and removal of soil or fill material or other improvement to land on the airport.

(b)

Prior to the commencement of any construction, an airspace study on FAA Form 7460-1 shall be completed except for construction within an existing structure.

(c)

In the event construction equipment will be used, which is higher than the structure being erected under a granted permit, the operator of the equipment must contact the aviation department, keep the equipment in a lowered position to the maximum extent possible, and install appropriate hazard marking and/or lighting on the top extremity of the equipment.

(d)

All necessary city permits and licenses shall be obtained prior to performing any construction or repairs.

(e)

Any repair or deficiency that is the responsibility of the aviation department to correct may be reported to the aviation department through the customer service center portion of the aviation department's website.

(Ord. No. 2011-01-20-0048, § 1(Att. I), 1-20-11)

Sec. 3-147. - Nonconcessionaire rental car business permit.

(a)

The director is authorized to grant nonexclusive user permits substantially in the same form as the San Antonio International Airport nonconcessionaire rental car business permit previously approved by ordinance. Said permit grants permission and access to the airport by nonconcessionaire rental car businesses using San Antonio International Airport or Stinson Municipal Airport.

(b)

The permit authorizes nonconcessionaire rental car businesses to access and use the airport for loading and unloading of airport patrons at designated locations and provides for nonconcessionaire rental car businesses to access the city's airport advertising concessionaire's advertising and reservation board located in the baggage claim areas of airport terminals.

(c)

The user fee, consistent with city ordinance, is based upon the benefits derived by nonconcessionaire rental car businesses by their use of San Antonio International Airport and shall not be higher than the percentage fee for concessionaire rental car businesses operating at San Antonio International Airport.

(Ord. No. 2011-01-20-0048, § 1(Att. I), 1-20-11)

Sec. 3-148. - Aircraft for hire.

Operators of aircraft used for hire or other commercial purposes are required to have appropriate insurance and permits, and shall pay such landing fees and or fuel flowage as required by ordinance or contract. No person in any aircraft shall discharge or allow to be discharged from the aircraft any object within the city limits except when absolutely essential to the safety of the occupants of the aircraft.

(Ord. No. 2011-01-20-0048, § 1(Att. I), 1-20-11)

Sec. 3-149. - Mobile food vending permits.

Consistent with city ordinance, the director may issue mobile food vending permits to persons or businesses seeking to do business at the airport and who have obtained the required permits from all applicable regulatory entities. The director may impose other permit requirements to ensure the proper operation of airport facilities. The issued permit shall be posted in a conspicuous place in public view.

(Ord. No. 2011-01-20-0048, § 1(Att. I), 1-20-11)

Sec. 3-150. - Prohibition against the recording of aircraft registration information.

The recording of any aircraft registration information by persons or tenants other than those servicing or handling said aircraft is expressly prohibited without the written permission of the aircraft owner, operator, or his/her designee.

(Ord. No. 2011-01-20-0048, § 1(Att. I), 1-20-11)

Sec. 3-151. - Rate-setting for ground leases.

(a)

The initial rental rate for leases of real property shall be established at ten (10) percent of the fair market value of the property in accordance with the procedures below.

(1)

Fair market value shall be determined by appraisal of the fee simple interest in the subject property, according to its highest and best use. Ground and building appraised values shall be listed individually in the final appraisal.

(2)

The appraisal must be performed by a real estate appraiser licensed in the state.

(3)

The aviation director shall select the appraiser (city's appraisal) and the cost shall be equally shared by the aviation department and lessee.

(b)

To dispute city's appraisal, lessee must:

(1)

Certify in writing to the aviation director that it does not agree with city's appraisal, within ten (10) business days of receiving written notification of city's appraisal and corresponding rental rates.

(2)

Appoint a recognized, qualified and impartial MAI (member of the appraisal institute) or equivalent appraiser (hereinafter, "lessee's appraiser") with prior airport experience and causing the performance of an appraisal for the subject property to be completed within ninety (90) days of receiving notice of city's appraisal.

(3)

The lessee shall bear the costs of the appraisal performed by lessee's appraiser and deliver a copy of said appraisal to the director, at no cost.

(c)

In the event lessee disputes city's appraisal in accordance with the process set out above, city and lessee shall jointly appoint a third appraiser to conduct an appraisal of the subject property.

(1)

The third appraisal shall control the initial rate setting for the contemplated lease.

(2)

The cost of the appraisal shall be borne fifty (50) percent by lessee and fifty (50) percent by city.

(d)

All appraisals performed under pursuant to this section shall be of the fee simple.

(e)

This section shall not apply to the lease of property located within the terminals, aprons, taxiways, or runways of San Antonio International Airport; to the ground rental rates for Stinson Municipal Airport unless otherwise approved by ordinance; where leasing at market value rates is prohibited by FAA;

(Ord. No. 2011-01-20-0048, § 1(Att. I), 1-20-11)

Secs. 3-152—3-156. - Reserved.