HomeMy WebLinkAboutAdmin Order 58-90-03
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ADMINISTRATIVE ORDER
of the
CITY MANAGER
AMENDMENT OF RULES 1, 9, 10, AND 11.1.2 OF THE
RULES GOVERNING USE OF MAHLON SWEET AIRPORT
Pursuant to the authority contained in Sections 2.430 and 3.012 of the
Eugene Code, 1971, Rules 1, 9, 10 and 11.1.2 of the Administrative Rules
Governing Use of Mahlon Sweet Airport, adopted by me on July 26, 1989, are
amended to read and provide:
1. SCOPE.
1.1 Coverage. These rules govern all persons on the Airport and users
of the Airport. Any direct or indirect permission given to a person to enter
upon or use the Airport is conditioned, unless otherwise agreed, upon compli-
ance with these rules.
1.2 Relation to Other Laws. These rules do not amend, modify or super-
sede any provision of federal, state or local law or of any contract between
the City of Eugene and an Airport user. Insofar as possible, these rules
shall be interpreted not to conflict with, but to supplement, federal, state
or local law or any contract between the city of Eugene and an Airport user.
1.3 Authority. These rules are adopted and can be amended under the
authority of Section 2.430(1) of the Eugene Code, 1971. Rulemaking follows
the processes set out in Sections 2.430 and 3.012 of the Eugene Code, 1971.
1.4 Posting of Rules. These rules shall be posted at the offices of
the Airport Manager and the City Finance Officer.
1.5 Adoption of Rules Not Grant of Right. The adoption of these rules
is not intended to, and shall not be construed, to grant any property right
or expectation to any person. The City reserves the right to amend these
rules and to limit or deny any person's use of the Airport as may be in the
public's interest.
1.6 Rules to be Administered Fairly and Impartially. The rules allow
substantial discretion to the Airport Manager in granting, denying, or revok-
ing permits and leases. The rules also require the Airport Manager to grant,
deny, or revoke permits or leases only when such action will serve the public
interest.
1.7 Severability. These rules are severable. If any part of these
rules is invalidated by a court or agency, that invalidation shall not affect
the validity of the remaining rules.
9. APPLICATION FOR PERMIT OR LEASE.
9.1 Application. Applications for Airport leases or permits shall be
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made on a form prescribed by the Airport Manager.
9.2 Permit Fee. The application shall be accompanied by a fee set by
the Airport Manager under Sections 2.440 to 2.442 of the Eugene Code, 1971.
9.3 Review of Application. An application shall be allowed or denied
within 45 days after receipt of a complete application. The application may
be approved if:
9.3.1 The requested operation is consistent with the Airport
Master Plan, the Eugene-Springfield Metropolitan Area General Plan, and
relevant provisions of federal, state and local laws and rules.
9.3.2 The requested operation would enhance the health, welfare
and safety of users of the Airport.
In reviewing an application the Airport Manager may consider whether:
9.3.3 The applicant's past or present violation of laws or
regulations presents a reasonable doubt about the applicant's ability
to conduct activities at the Airport without endangering property or the
public's health or safety;
9.3.4 The applicant possesses insufficient skill or expertise
to conduct the desired activity;
9.3.5 Allowance of the application will require the expenditure
of public funds in connection with the proposed operation;
9.3.6 There is no appropriate, adequate, or available space or
building on the Airport to accommodate the entire activity of the
applicant at the time of application;
9.3.7 Development or use of the area requested by the applicant
will unduly interfere physically with existing operations at the Airport;
9.3.8 The applicant has supplied the City with false information
or has misrepresented a material fact in the application;
9.3.9 The applicant has defaulted in the performance of any
lease, permit or other agreement with the City;
9.3.10 The applicant does not appear to have, or have access to
the finances necessary to conduct the proposed operation for a minimum
period of six months;
9.3.11 The applicant has a history of not paying debts when due;
or,
9.3.12 The applicant is unwilling to execute a permit or lease in
the form and containing the provisions required by the City.
Nothing contained herein shall be construed to prohibit the City from grant-
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ing or denying, for any reason it deems sufficient, an application to do
business on the Airport or to use any area of the Airport.
9.4 Action on Application. The Airport Manager shall issue a written
decision approving or denying each appliclation. Approval will be conferred
by issuance of a permit or lease. Denial wil be by written communication,
identifying the reasons for the decision of the Airport Managaer denying
the application.
9.5 Charges and Rents. The permit or lease shall provide for the
periodic payment to the City of a sum based on the following:
9.5.1 The amount charged for such use in the past;
9.5.2 Comparable amounts or rates, if any, charged by other
airports;
9.5.3 The amounts paid or benefits given by comparable users
of the Airport; and
9.5.4 The revenue needs of the Airport.
9.6 Operating Agreements. The provisions of Rules 9.1 to 9.5 do not
apply to operating agreements for the following operators. Use of the air-
field shall be allowed for such entities subject to federal and state law
and to reasonable conditions for such use imposed in an operating agreement.
9.6.1 Certificated Route Air Carriers, i.e., an air carrier
holding a certificate of public convenience and necessity issued by the
Oregon Department of Transportation to conduct scheduled services;
9.6.2 Supplemental Air Carriers, i.e., an air carrier holding a
certificate of public convenience and necessity issued by the Oregon
Department of Transportation authorizing the carrier to perform passen-
ger and cargo charter services supplementing the scheduled service of
the Certificated Route Air Carriers;
9.6.3 Aircraft Charter, i.e., the provision of aircraft for hire,
with pilot, on an irregular or unscheduled basis in accordance with FAR
Part 121, which aircraft has a minimum seating capacity of 60 or more
passengers;
9.6.4 Air Commuter Service, i.e., operation of aircraft in accord-
ance with FAR Part 135, providing carriage for persons or property for
hire in an aircraft having a maximum seating capacity of less than 20
passengers or a maximum payload capacity of 6,000 pounds (for inter-
state transport) or an aircraft having a maximum seating capacity of
less than 309 passengers or a maximum payload capacity of less than
7,500 pounds (for intrastate transport), which operation performs at
least five round trips per week between two or more points and publishes
flight schedules which specify the times, days of the week, and points
between which flights are performed.
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10. REVOCATION OF PERMIT OR LEASE.
10.1 Grounds for Revocation. Unless otherwise provided in the lease
or permit, the Airport Manager may terminate any lease or revoke any permit
upon the happening of any of the following:
10.1.1 Failure of the operator to pay any rental, fee or other
charge when due and within seven (7) days after notice from the City
of such nonpayment;
10.1.2 Failure of the operator to comply with any provision of
these rules or with any provision of the lease or permit within thirty
(30) days after notice from the City specifying the nature of the defi-
ciency with reasonable particularity and the corrective action that is
to be taken within such period to cure the deficiency;
10.1.3 The filing by the operator of a voluntary petition in
bankruptcy or the filing of an involuntary petition in bankruptcy
against the operator and the failure of the operator to dismiss such
proceeding within ninety (90) days after the filing;
10.1.4 The taking of possession of all or substantially all of
operator's assets pursuant to proceedings brought under the provisions
of any federal reorganization act and the failure of the operator to
secure the return of such assets and the dismissal of such proceedings
within ninety (90) days from the date of the takinmg of such possession;
10.1.5 The appointment of a receiver of all or substantially
all of operator's assets and the failure of operator to secure the re-
turn of its assets and the dismissal of such receivership proceeding
within ninety (90) days from the date of such appointment.
10.1.6 The taking of possession of the leased premises, or any
portion thereof, or all or substantially all of the assets of operator
by virtue of any attachment, execution or levy of any judicial process
in any action instituted against the operator in any court of competent
jurisdiction and the failure of the operator to secure the release of
such attachment, execution or levy within ninety (90) days from the date
of the taking of such possession;
10.1.7 The assignment by the operator of its assets for the bene-
fit of creditors;
10.1.8 The abandonment or discontinuance of any permitted opera-
tion for a period of thirty (30) days unless the discontinuance is
approved by the Airport Manager. Suspension of operation caused by
strike or work stoppage shall not be construed as abandonment; or,
10.1.9 The operator or its agents have intentionally supplied the
City with false or misleading information or misrepresentation of any
material fact on the application or documents, or in statements to or
before the City, or have intentionally filed to make full disclosure on
the financial statement or other required documents.
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10.2 Notice of Revocation. Upon determining that a ground for revoca-
tion of a lease or permit exists, the Airport Manager shall provide written
notice of revocation to the operator. Normally, notice of revocation shall
be effective after 15 days. However, if continuance of the lease or permit
affords an immediate risk to the public health, welfare, or safety, or inter-
feres with another permitted activity at the Airport, the revocation shall
be effective when issued.
11. PENALTIES.
11.1 Right to Remove.
11.1.2 Ban From Use of Airport. Any person who violates these
rules and whose continued presence at the Airport endangers persons or
property at the Airport or interferes with public use of the Airport or
its efficient operation, may be banned from the Airport by order of the
Airport Manager. Such an order shall be in writing and be immediately
effective upon service upon the person. The order shall state the rea-
sons for the ban and the length of time for the deprivation. The
affected person may appeal the order to a hearings official by filing
a written appeal with the Airport Manager. The order of the Airport
Manager shall remain in effect during the pendency of any appeal. The
decision of the hearings official on the appeal shall be final.
Except as herein amended, all other provisions of the Rules Governing
Use of Mahlon Sweet Airport adopted by me on July 26, 1989 remain in full
force and effect, and a copy of this amendment shall be appended thereto and
incorporated therein.
These amendments have been adopted after giving public notice thereof by
publication in the Register Guard, a newspaper of general circulation within
the City, and an opportunity for comment thereon. No valid comments or objec-
tions thereto have been received within the prescribed time, and these amend-
ments will become effective on the eleventh day after the date of adoption as
set forth below, unless, within ten days from the date of adoption at least
two councilors request that the proposed amended rules, or any portion there-
of be reviewed by the Council.
Dated this 9th day of April,
Effective April 20, 1990
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