HomeMy WebLinkAboutOrdinance - 2375-1957 - Establishing Landing Fees Lubbock Municipal Airport - 12/06/1957ORDINANCE NO. 2375
AN ORDINANCE ESTABLISHING lANDING FEES, CHARGES FOR
OCCUPANCY OF SPACE, AND SUNDRY OTHER CHARGES AT THE LUBBOCK
MUNICIPAL AIRPORTi MAK.lNG SUNDRY PROVISIONS RELATED TO THE
OCCUPANCY OF SPACE BY AIR-LINES IN THE TERMINAL BUILDING; CON-
TAINING SUNDRY OTHER PROVISIONS RELATED TO THE FOREGOING
MATTERS; CONTAINING A SEVERABILITY CLAUSE; AND DECLARING AN
EMERGENCY.
WHEREAS, the City Commission finds that the operation of the Lubbock
Municipal Airport is not primarily undertaken for profit, and is a governmental
project as a public service to the United States Government and the people who
reside in and near-by the City of Lubbock as provided in Article 46d .. l5, Revised
Civil Statutes of Texas; and a recent audit and investigation of the Airport opera-
tions by the Airport Board discloses that the contracts made in 1945 with the
Air Line Companies are unreasonable under present conditions to defray the cost
of operation, maintenance and repairs of those airport facilities used by the
air•lines; and the City, Commission finds there is a public need to increase the
rates, charges and rentals from this source; and finds the charges herein adopted
are fair .and reasonable for the services provided; and,
WHEREAS, the City Commission desires to give the airlines using the
Lubbock Airport facilities reasonable notice of the change in rates for terminal
building use and occupancy and landing fees prior to the expiration of their
contracts at midnight December 31, 1957; and,
WHEREAS, the City Commission is authorized under the provision of
Article 46d-4 of the Revised Civil Statutes of Texas to fix charges, rentals and
fees for the privileges or services used by the airlines at the airport; and,
WHEREAS, all of the above affects the daily operation of the Lubbock
Municipal Airport. a department of the City, creating an emergency; NOW.
THEREFORE.
BE IT ORDAJNED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. LANDING FEES OF SCHEDULEDAIR CARRIERS AT THE
AIRPORT:-From an'O. after Iz:ol ol.clockA. tC on January 1, llgS", except
as"'Fieie1nor otherwise provided by Ordinance of the City of Lubbock, every
person, firm or corporation operating a commercial airline in and out of the
Munici~l Airport of the City of Lubbock shall pay landing fees at the following
stated rate for the use of the Landing Field and the facilities at the Airport,
to-wit:--A landing fee at the rate of Ten (10} Cents per 1, 000 pounds (or fraction
thereof} of gross landing weight. said charge to be made for each scheduled
trip arrival as the term is hereinafter defined. By the term "scheduled trip
arrival", as used herein is meant each landing and take-off of one airplane,
according to the regular schedule of said airline. The foregoing landing fees
shall be paid to the Director of Aviation at the Lubbock Municipal Airport, Lubbo k
County, Texas, on or before the tenth day of each month, in advance for the mort
then current. All landings and take-offs which are contained in the time tables
of said airline on the first day of the calendar month shall be considered as
coming within the above definition, and all landings and take-offs, whether
published in the same time table or not, which form part of the regular service
of. said airline to the public at large shall also be cons~dered as corning within
the above definition, it being the intention to exclude from the operation and
scope of the foregoing provision only non-revenue flights of the said airlines.
The term uLa.nding Weightu as hereinabove used in providing the basis for the
computation of such landing fees shall be the maximum certificated gross land-
ing weight of the airplane involved in accordance with the certification thereof
and related thereto for the Lubbock Municipal Airport by the Civil Aeronautics
Administrator.
CANCELLATION OF FLIGHTS AND EXTRA OR ADDITION4L AIRPLANES
ON sCHEi)1'J"'i:E!r>FL1GHTS:-'Trd'"urlngacalenaar month anyrri'gllt 1saclcrea'10-
the sclie<lule<i serVl.ce of tlie airline, an additional fee computed in accordance
with the foregoing shall be payable covering the remaining portion of the calenda
month, or if the flight is discontinued, the airline in making its next regular
monthly payment of landing fees may take credit for the over-payment resulting
from the fl~ght being taken off {or the City at its option may refund the over-
payment directly to the airline involved). Except for flights added to the sche-
daled operations of an airline, landing fe.es shall be paid on the basis of either
(a) All landings indicat~d in the Schedule, or Time Table, of the air carrier as
of the first day of the calendar month, or (b} The total number of actual revenue
landings made during the calendar month, whichever is the greater.
Each airline shall,, on or immediately prior to the first day of each
calendar. month, furnish the Director of Aviation at the Municipal Airport with
a true copy of their schedule of flights then in effect and shall on the last day of
each month or within five (5) days thereafter, furnish him a correct statement
of (a) flights added to or taken off the Schedule during the month just past, and
the date of such changes, and {b) flights cancelled or of planes added to any
scheduled flights during such month including charter flights and/ or second
sections.
SECTION z. LANDING FEES FOR IRREGULAR OR NON-SCHEDULED
CARRIERS: -From andafter-n7Dr01ciOc:kX;'"M7ianuaryl;J.958,th'e follOwir:g
'C'tiarge;-io':"wit, a landing fee of Ten ($.10. 00} Dollars shall be made for each
flight of any non-scheduled or irregular aircraft with a certificated gross land-
ing weight above 12, 500 lbs. transporting either persons or freight for hire,
that is, the transportation for hire of persons or personal'property, livestock,
goods, wares, or merchandise of any sort whatsoever. Such charge shall be
paid immediately to the Director of Aviation at the Municipal Airport upon the
landing of said aircraft. The term "flight" as used herein means the landing
and taking off of one airplane (but not including test or practice flights); and
the pilot of any such aircraft shall park, load, unload and store in accordance
wit.h the directions of the Director of Aviation at the Municipal Airport, whose
decision s.hall be final.
SECTION 3. The above established landing fees shall be exclusive of and
in addition to such charges as are now or may hereafter be imposed for the
parking or .storage of aircraft on areas at the Airport.
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SECTION 4. CHARGES FOR OCCUPANCY OF SPACE BY COMMERCIAL
AlR-LlN.ES AT THE-f'Eln,rTNALB'u!Il)INd: :--Tlie City Comm1ssion herebyfixes
an<f"establislies the fofiowing-rates f'Oroccupancy by commercial airlines of
space in the Terminal Building at the Municipal Airport of the City of Lubbock,
to-wit: -
{a) For counter space on the main level (to-wit the passenger concourse
level) of the Terminal Building, a rate of Thirty-Seven and one-hal£ .(37 1/Zf)
Cents per square foot per month. Counter space shall include the space measure
from the front or outside of the counters, to the face of the partition wall partition
ing the counter space from the office space behind it.
(b) For space on the main level for whatsoever purpose used except for
the space coming within the fore&oing definition of trcounter space, u a rate of
Thirty-Seven and One-Half (3 7 lf2f) Cents per. square foot per month.
Charges for the occupancy of space at the foregoing rates shall be payable
to the Director of Aviation at the Municipal Airport, Lubbock County, Texas, by
the airline occupying such space on or before the tenth day of each calendar
month in advance for the calendar month then current; providing that if the first
occupancy begin during a calendar month, the charge for the pro-rata pot:tion of
such month still unexpired, shall be payable within five days after occupancy
commences.
SECTION 5. SPACE ALLOCATION AND DESIGNATIONi CHANGES
THEREIN AND RIGHTS THERETO AND RElATED MATTERS:-The allocation of
space to the respective airlines now conducting flight operations at the Airport,
subsequent changes in such space and their responsibility for payment of the
charge hereby fixed in relation thereto shall be in accordance with the following,
to-wit: Each airline shall, before commencing the installation in any part of the
premises desired to be occupied by them of any of their furnishings or equipment
or commencing the construction of any work which they care to do fitting such
premises for their uses or purposes, file with the Director of the Municipal Air-
port in triplicate their signed designation and description of the space or spaces
to b~ occupied by them respectively, stating therein the number of square feet
of space involved and agreeing to be bound by and to comply with all of the terms
of this Ordinance.
After such initial designations a i-e ';made, changes in the space to be
occupied by any airline and for the payment of charges incident to which such
airline will be responsible will be subject to the following, to-wit:
(a) Subject to the approval by the Director of Aviation at the Municipal
Airport of amended space designations to be filed simultaneously by both of the
airlines involved, space may be exchanged between any of the several airlines,
provided the airlines involved bear all costs of remodeling or other changes in
partitions, structures, etc. incident to the exchange;
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{b) An airline abandoning entirely its operations through the Airport may
give up all of its space or spac'es (put not less than all of its space or spaces}
without other formality than notifying the Director of Aviation at the Municipal
Airport o£ the fact. and date of such abandonment;
(c) Any airline which has occupied any space for as long as six months
·may at any time thereafter abandon all or any part of such space by giving to such
Director of Aviation thirty (30) days advance written notice of the date and fact
of such abandonment; proirided that such Director of Aviation will not accept the
abandonment of a part <?nly of a particular space if the result would be that the
space so abandoned would, for practical purposes, be unusable by anyone else
on account of the small area involved or being detached or unavailable for access
or· any other similar reason;
(d) Any airline so designating any space on or before February 15, 1958,
shall have a vested and preferred right of continued occupancy of such space until
February 15, 1959 and shall not, during such year, be required to give up or
snrrender any of the space so initially taken by it. Similarly, upon appropriately
notifying the Cityfs euch Director of Aviation on or before February 15 of each
of the years, 1959 and 1960, that it will desire to retain the space for another
year, such airline will have the same preferred right of occupancy for another
year ending the ne:X:t February 15; provided the preferred right of occupancy
hereby given shall terminate on February 15, 1961.
SECTION 6. CHANGES IN RATES FOR SPACE OCCUPANCY:-Any
airline designating any space as hereinabove prov1dea on' or tiefore'February 15,
1958, shall have a right to occupy such space at the rates hereinabove prescribed
until February 15, 1959. Such r·ates will not thereafter be changed except upon
determination by the City Commission that they are unfair or unreasonable either
to the City or the airlines; and such determination shall only be made at.or follow
ing a hearing of which the airline.-shall have reasonable notice and at which
hearing they shall be entitled to appear and be heard in person and by attorney
and present such evidence as they desire related to the fairness and reasonable-
ness of the rate then in effect or of the rate proposed to be put in effect. The
City Commission expressly undertakes that upon the application of all in number
of the commercial airlines operating through the Airport, filed on or before
February 15 of any calendar year, requ~sting a review and reconsideration of the
space occupancy charges then in effect, a hearing as hereinabove provided will
be held within a reasonable time and a review, reconsideration and redetermina-
tion made of such rates.
SECTION 7. ASSURANCE AGAINST ADDITIONAL CHARGES:-F·or the
assurance of the airTln.esd'esignatingspace andtllereby becomlniobligated to
pay charges therefor as provided in this Ordinance, that ·during the first year
of their occupancy of such space additional burdens will not be imposed upon
them, the City Commission hereby covenants and represents: ..
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(a} There will not prior to February 15, 1959, be put into effect any
proprietary charges not now in effect or to which the airlines and their opera-
tions are now subject, which ~ould materially increase the cost to any airline
operating at the Airport.
SECTION 8. ASSUAANCE OF RIGHT TO MAKE REASONABLE USE OF
SPACE AND RAMPSAND oiJCHElr~M""M'oN''FA"C!!LITJE'; SUB"lECTTO'itULES AND RECtJLAtiom':-1Gi'yalrline operi'ting-att'heAtrportan(fd:eSlgnatingspace
purs'Uan~'t'Ele provisions of this Ordinance shall have the right, subject to all
of the provisions of this Ordinance, to make any reasonable use of such space
incident to the conduct of their operations and business and, together with other
airlines and the operators of other aircraft, the right to make reasonable use
of the ramps and other common use facilities, subject, however, to such reason-
able general rules and regulations related thereto as are now in effect or may
hereafter be put in effect; provided that until February 15, 1959, the City Commis
sion will not impose upon the use by the airlines of any of such common use
facilities, any charge which is not now in effect and which would materially add
to their cost of operation at the Airport; provided this will not prevent the City
from requiring the airlines to bear a reasonable portion of the cost of operating
a su.itable public address sy_~;tem.
SECTION 9. Each airline designating any space under Section 5 of this
Ordinance will thereby obligate itself to pay the charges therefor herein provided,
for the period of time beginning with the 1st day of January, 1958.
SECTION 10. The occupancy by any airline• of any of the space in the
Terminal Building shall at all times be subject to all reasonable rules and regula-
tions promulgated by or under the authorization of the City Commission of the
City of Lubbock; subject, however, to the provisions of this Ordinance assuring
the airlines of the right to make reasonable use of the space occupied by them
and of the ramps and other common use facilities and subject also to the provision
of this Ordinance assuring the airlines against. the imposition prior to February
15, 1959, of any new charges which would materially add to their cost o! operat-
ing and conducting their business at the Airport.
Without limitation thereto it is expressly understood that unless from time
to time permitted and subject to the conditions imposed upon the granting of such
permission, no airline shall sublet any of the space designated by and allotted
to it under the terms of this Ordinance, or conduct or permit the conduct in such
space of any activity whatsoever save and except its own activities and operations
incident to the conduct by it of its flight operations at the Airport or the serving
by it of its own patrons and prospective patrons and in matters solely related
to its operation as an air carrier.
SECTION 11. ADDITIONAL COMMERCIAL AIRLINES:-In the event other
commercial airlines than those now there operating, commence operations at
the Airport. they shall be subject to all of the rates and charges herein referred
to~ and upon designating ·space for occupancy (subject to the same being available
for them} their rights and their responsibilities in connection with such space,
the charges therefor, continued use thereof, abandonment thereof and related
matters shall be the same as those hereinabove provided and stated.
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SECTION 12. RIGHT OF COMMISSION TO CHANGE RATES..!. CHARGES AND
REGULATIONS::-'Ai'l Ofthe rites aD<rCliirgessetanciestatiliSli'ed by-iliisord.in-
ance as weiras-the general rules and regulations related to operation of the
Airport, are subject to amendment and change from time to time by the City
Commission. subject however to the express provisions of this Ordinance assur-
ing the airlines against increase in their space rental charges prior to February
15, 1959 or the imposition by the City, before that date, of any new charges
which would materially increase the cost to the airlines of operating at the Air-
port, and subject also to the provisions· of this Ordinance related to the holding
of a hearing before any change is made in the space occupancy charges hereby
provided.
SECTION 13. REMOVAL OF EQUIPMENT AND FIXTURES-Any airline
which installs in any ortlie space-occupied'b"yit underthrsordinance any equip-
ment or fixtures shall have, in the matter of removal thereof by it from the
premises upon the termination of such occupancy, the same rights as are by
law provided where such equipment is placed in leased premises by a tenant
occupying the same from month to month and without particular agreement as
to the removal thereof.
SECTION 14. SAVING CLAUSE:-Should any part of this Ordinance be
held invalid, that porTion is h"ere'by<reclared to be separable and all other portions
not declared invalid shall remain in full force and effect.
SECTION 15. EMERGENCY ENACTMENT:-The enactment of this Ordin•
ance being necessary-tO-provldefurtheusuald'ally operations of the Lubbock
Municipal Airport, a department of the City of Lubbock, for the reasons herein-
above set out in the preamble of this Ordinance, it is declared to be an emergency
measure which shall have and take effect at 12:01 A. M. Central Standard Time,
January 1, 1958, following its present reading and adoption, and all rules requir-
ing an ordinance to be read two {2) times are hereby suspended and this Ordinance
shall be finally passed on one reading -and shall take effect according to its terms.
Read, passed and adopted by unanimous vote of the City Commission
this 6th day of December, A. D., 195 7. ____ .... _
Commissioners voting ~'AYE":_.C4U;J.---'-»,rd --------~
_J!!x~.z ___ , _ _ ___ , anar.mJa Bak£-Mayor.aPro-tem.
Commissioners voting "NAYtt:
ATTEST:Jt:J ~~-e~TrTasurer
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