PRESENTER: Presenter
Robert Lee, PhD, AAE, Airport Director
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SUBJECT: Title
Approval of the second and final reading of an ordinance adopting the proposed amendments to Chapter 10, Aviation, of the City of New Braunfels Code of Ordinances, updates to the Airport Minimum Standards, and adoption of new Rules and Regulations.
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DEPARTMENT: Economic & Community Development - Airport
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COUNCIL DISTRICTS IMPACTED: 2
BACKGROUND INFORMATION:
As detailed in the attached Federal Aviation Administration (FAA) Advisory Circular 150/5190-7, the sponsor of a federally obligated airport agrees to make available the opportunity to engage in commercial aeronautical activities by persons, firms, or corporations that meet reasonable minimum standards established by the airport sponsor. The airport sponsor’s purpose in imposing standards is to ensure a safe, efficient, and adequate level of operation and services is offered to the public. Such standards must be reasonable and not unjustly discriminatory. In exchange for the opportunity to engage in a commercial aeronautical activity, an aeronautical service provider engaged in an aeronautical activity agrees to comply with the minimum standards developed by the airport sponsor. Compliance with the airport’s minimum standards should be made part of an aeronautical service provider’s lease agreement with the airport sponsor.
The FAA suggests that airport sponsors establish reasonable minimum standards that are relevant to the proposed aeronautical activity with the goal of protecting the level and quality of services offered to the public. Once the airport sponsor has established minimum standards, it should apply them objectively and uniformly to all similarly situated on-airport aeronautical service providers. The failure to do so may result in a violation of the prohibition against exclusive rights and/or a finding of unjust economic discrimination for imposing unreasonable terms and conditions for airport use. Furthermore, minimum standards should be updated to reflect current conditions that exist at the airport and not those that existed in the past (the latest draft of the Airport Minimum Standards was adopted in 2010).
Revising the Airport Minimum Standards requires amending City Ordinance, Chapter 10 - Aviation. Amending Chapter 10 will codify new Airport Rules and Regulations, new Airport Minimum Standards, clarify the wording of Chapter 10, and update the Airport name to its current role as a national airport in the FAA National Plan of Integrated Airport Systems, one of 115 as of this writing.
The New Braunfels Airport Advisory Board was instrumental over the past year in reviewing ongoing drafts of the minimum standards, rules and regulations, and Chapter 10 of the City Ordinances. The Airport Advisory Board unanimously approved a motion recommending adoption of the revised Aviation Ordinances, new Airport Rules & Regulations, and revised/updated Airport Minimum Standards on 20 September 2023.
ISSUE:
• The extant Chapter 10 referred to the Municipal Airport with language detailing items that either are obsolete or have changed since originally adopted.
Revising language to reflect current branding and titles.
Deletion of extant Article V New Braunfels Airport Rules and Regulations and adopting a new Article V - New Braunfels National Airport Rules and Regulations
Changes include removal of FBO as a private commercial activity.
Deletion of old minimum standards and replacing with adoption of new Airport Minimum Standards
• Airport Minimum Standards required updating.
• Staff and the Airport Advisory Board deemed it necessary to draft and adopt formal Airport Rules & Regulations.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Airport staff and the New Braunfels Airport Advisory Board recommend adoption of the amended Aviation Ordinance, new Airport Rules & Regulations, and revisions to the Airport Minimum Standards.