rushford municipal airport minimum standards for a fixed
TRANSCRIPT
Page 1 of 24
RUSHFORD MUNICIPAL AIRPORT
Minimum Standards
for
A Fixed Base Operator (FBO) to
Provide Aeronautical Services to the Public
Established by Rushford Airport Commission
Approved by Airport Commission 3/6/06
Approved by City Council 3/13/06
Revised by Airport Commission 5/20/19
Approved by City Council 6/10/19 (expected date)
Page 2 of 24
Foreword
The Airport is owned and operated by the City of Rushford, a municipal corporation organized under
the authority of the State of Minnesota. The Rushford Municipal Airport is governed by the City of
Rushford which has adopted the following Minimum Standards for FBOs to provide Aeronautical
Services to the Public as threshold entry requirements to be met prior to negotiating a lease for space on
the Airport and the right to provide the services.
Table of Contents
Chapter 1 - General
Chapter 2 - Definitions
Chapter 3 - Operating Agreement/Lease
Chapter 4 - Qualifications and Application
Chapter 5 - Fixed Base Operator (FBO)
Chapter 6 - Minimum FBO Service Qualifications
Chapter 7 - Lease Provisions
Chapter 8 - Waiver of Minimum Standards
Page 3 of 24
CHAPTER 1 - GENERAL
1.1 The purpose of these minimum standards is to safeguard the public interest, to protect the public
from irresponsible, unsafe or inadequate services, to establish competitive conditions fair to all persons
making services available to the public and impose minimum standards on structures built on land
owned by the City of Rushford in order to provide for buildings suitable for a variety of uses upon
termination of any lease.
1.2 Minimum standards as outlined in this document are intended to provide the threshold entry
requirements for those wishing to provide aeronautical services to the public at the Rushford Municipal
Airport, and to do so in such manner as to insure the safety of its users and allow fair competition for
those who choose to operate commercial aeronautical activities on the premises. These minimum
standards are intended to be reasonable, non-arbitrary and non-discriminatory, and therefore apply
equally to everyone making application to the City to provide aeronautical services on the airport.
1.3 It is the policy of the City to extend the opportunity to engage in commercial aeronautical
activities to any entity meeting these minimum standards for that activity, subject to availability of
suitable space at the Airport to conduct such activity. The Airport's Master Plan and Development
Program provides the basis for determining whether suitable space is available.
1.4 The following minimum standards are imposed as conditions for the right to provide an
aeronautical service to the public on the Airport.
CHAPTER 2 - DEFINITIONS
2.1 ABOVE GROUND LEVEL (AGL) means altitude expressed in feet measured above ground
level.
2.1 AERONAUTICAL ACTIVITY means any activity commonly conducted at airports which
involves, makes possible or is required for the operation of aircraft, or which contributes to or is
required for the safety of such operations. These activities include, but are not limited to the following:
a. Air taxi and charter operations
b. Pilot training
c. Aircraft renting
d. Sightseeing
e. Aerial photography
f. Crop dusting
g. Aerial advertising
h. Aerial surveying
i. Air carrier operations
j. Skydiving
k. Ultralight operations
l. Aircraft sales and services
Page 4 of 24
m. Sale of aviation petroleum products
n. Repair and maintenance of aircraft
o. Sale of aircraft parts and aircraft storage.
2.2 AERONAUTICAL SERVICE means any service which involves, makes possible or is required
for the operation of aircraft, or which contributes to or is required for the safety of aircraft operations
commonly conducted on the Airport by a person who has a lease or permit from the City to provide such
service.
2.3 AIRCRAFT means a device which is used or intended to be used for flight in air. Examples of
aircraft include, but are not limited to, airplane, sailplane, glider, rotorcraft (helicopter, gyrocopter or
autogyro), balloon and blimp.
2.4 AIRPORT as referred to hereinafter means the Rushford Municipal Airport and all the land
owned by City of Rushford for airport and approach purposes, and under the supervision of the Airport
Commission.
2.5 AIRPORT COMMISSION means the City of Rushford Airport Commission as established by
the City of Rushford Ordinance.
2.6 AIRPORT MANAGER means the City Administrator, or his/her designee, as appointed by the
City of Rushford.
2.7 AIRPORT EMERGENCY PLAN means the document required under Federal Aviation
Regulation Part 139, the purpose of which is to provide general guidelines to insure prompt response to
all emergencies and other unusual conditions in order to minimize the possibility and extent of personal
injury and property damage at the Airport.
2.8 AIR OPERATIONS AREA (AOA) means a portion of an airport designated to be used for
landing, take off, or surface maneuvering of aircraft. This includes all movement and non-movement
areas.
2.9 AIRPORT MOVEMENT AREA (AMA) means the runways, taxiways, and other areas of an
airport which are utilized for taxiing, take-off, and landing of aircraft.
2.10 AIRPORT NON-MOVEMENT AREA means the loading ramps, parking areas, and all other
areas used for the operation of aircraft.
2.11 AIRPORT SECURITY PLAN means the document required under Federal Aviation Regulation
Part 107 which describes the existing facilities and the security measures in effect; defines the Air
Operations Area (AOA), existing restricted areas, and indicates the security measures taken, as well as
indicates future security improvements.
Page 5 of 24
2.12 AIRPORT TRAFFIC AREA means the areas as defined in the current Federal Aviation
Regulation Part 1 or as such may be amended.
2.13 AIRPORT TRAFFIC CONTROL TOWER is a facility operated by the Federal Aviation
Administration which, through the use of air/ground communications, visual signaling and other
devices, provides ATC services to airborne aircraft operating in the vicinity of an airport and to aircraft
operating on the movement area.
2.14 AERONAUTICAL INFORMATION MANUAL (AIM) means the AERONAUTICAL
Information Manual published by the FAA containing basic flight information and air traffic control
procedures designed primarily for use as a pilot's instructional manual in the National Airspace System
of the United States.
2.15 AIRPORT LAYOUT PLAN (ALP) means the Airport Layout Plan for the Rushford Municipal
Airport which is current and approved by the FAA or as amended from time to time.
2.16 ARRIVAL/DEPARTURE BUILDING (A/D BUILDING) is the building providing facilities for
the Airport Commission, Minnesota Department of Transportation (MnDOT), Federal Aviation
Administration, air carriers, and air taxis, ticket and passenger areas, car rental agencies, and various
concessions which serve the public.
2.17 BASED AIRCRAFT means all aircraft which are permanently hangared in a hangar bay, T-
hangar or tied down because of current lease or a current field storage agreement with the Airport.
2.18 COMMERCIAL OPERATOR means a person who, for compensation or hire, engages in the
carriage by aircraft in air commerce of persons or property, other than as an air carrier or foreign air
carrier or under the authority of FAR Part 357.
2.19 CITY means the City of Rushford, Rushford, Minnesota.
2.20 FEDERAL AVIATION ADMINISTRATION (FAA) means the agency created by the Federal
Government under the Federal Aviation Act of 1958, as amended, or such other governmental agencies
as may be successor thereto or be vested with the same or similar authority.
2.21 FEDERAL AVIATION REGULATION (FAR) means the Federal Aviation Regulations as
published and amended from time to time.
2.22 FIXED BASE OPERATOR (FBO) means any business that is authorized by the City to offer
aeronautical services to the public at the Airport as a tenant or sub-tenant.
2.23 FBO LEASE means any (i) lease agreement between the City and a Business leasing property at
the Airport or (ii) sub-lease agreement approved by the City between any tenant at the Airport and a
Person sub-leasing property at the Airport, in either case, for the purpose of providing Aeronautical
Services to the public at the Airport.
Page 6 of 24
2.24 FLIGHT STANDARDS DISTRICT OFFICE (FSDO) means FAA Flight Standards District
Office.
2.25 LANDSIDE means all buildings and surfaces used by surface vehicular and pedestrian traffic at
the Airport.
2.26 MINIMUM STANDARDS means the standards which are established by the City, as amended
from time to time, as the minimum requirements to be met by a tenant, sub-tenant or proposed tenant as
a condition for the right to provide aeronautical services to the public at the Airport.
2.27 NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) means National Fire Protection
Association.
2.28 NORMAL BUSINESS HOURS means 8:00 a.m. to 6:00 p.m. Monday through Friday.
2.29 “NOTICE TO AIRMEN” (NOTAM) means a "Notice to Airmen" published by the FAA (a
method of notifying the flying public of conditions at the Airport that may affect flight).
2.30 NATIONAL TRANSPORTATION SAFETY BOARD (NTSB) means the National
Transportation Safety Board and its successors.
2.31 PERMIT means a permit issued pursuant to the City of Rushford rules and regulations.
2.32 PERMIT HOLDER means a person to whom a Permit has been issued pursuant to these Rules
and Regulations.
2.33 PERSON means any individual, firm, partnership, corporation, company, association and
includes any trustee, receiver, assignee, or other similar representative thereof.
2.34 PUBLIC means persons or entities receiving goods or services at or on the Airport from any
individual or organization, its members or employees, with or without consideration. Members of a
bona fide club or co-op under the City of Rushford airport rules and regulations are not members of the
public with respect to the benefits of membership in such club or co-op.
2.35 SHALL means that the word "shall" is always mandatory and not merely directory.
2.36 SPECIAL EVENTS means an Aeronautical Activity which will not comply with these Rules
and Regulations or which, although it may comply with these Rules and Regulations, will require an
accommodation by other users of the Airport. Special Events includes, but are not limited to the
following:
a. Fly-ins
b. Skydiving exhibitions
c. Balloon operations or similar events or activities.
Page 7 of 24
2.37 ABBREVIATIONS
A/D Bldg Arrival/Departure Building
AOA Airport Operation Areas
ATCT Airport Traffic Control Tower
FAA Federal Aviation Administration
FAR Federal Aviation Regulation
MAC Minnesota Aeronautics Commission
CHAPTER 3 - OPERATING AGREEMENT/LEASE
3.1 Any Person who intends to conduct a business or service must negotiate an agreement/lease with
the City relative to qualification, operating areas, and rent and/or fee payments, and such other matters
as the City may require. The authorization by the City to a Person wishing to provide aeronautical
services to the public does not imply that said business has exclusive rights to provide those services on
the Airport. The Rushford Municipal Airport, being the recipient of State funds from Minnesota
Department of Transportation (MnDOT) Aeronautics or Federal funds via the FAA, is obligated to
comply with MnDOT Aeronautics and FAA Policy Statement on "Exclusive Rights at Airports."
3.2 The MnDOT Office of Aeronautics and FAA considers the existence of an exclusive right to
conduct any aeronautical activity limits the usefulness of an airport and deprives the using public of the
benefits of competitive enterprise. Apart from the legal considerations, FAA considers that it is
inappropriate to apply Federal funds to the improvement of any airport where full realization of the
benefit would be restricted by the exercise of an exclusive right to engage in an aeronautical activity.
CHAPTER 4 - QUALIFICATIONS AND APPLICATION
4.1 Demonstration of intent to conduct a business operation at the Airport shall be by a written
application letter to the Airport Commission. The written application letter shall contain at the
minimum:
a. The proposed nature of the business.
b. The names and signatures of all parties whose names are being submitted as owning an
interest in the business or will appear on leases or other documents as being a partner, director or
corporate officer and those who will be managing the business. The relationship of each individual to
the operation of the business shall be stated.
c. A current financial statement prepared or certified by a Certified Public Accountant.
d. A listing of assets owned, or being purchased, or leased which will be used in the business on
the Airport.
Page 8 of 24
e. A current credit report for each party owning or having a financial interest in the business and
a credit report on the business itself covering all geographical areas in which it has done business in the
ten (10) year period immediately prior to such application.
f. An agreement to provide to the City a bond or suitable guarantee of adequate funds to be used
to defray any expenses and fees should Lessee default and a new lease have to be executed for another
Lessee.
g. A written authorization for the FAA, any aviation or aeronautics commissions, administrators
and departments of all states in which the applicant has engaged in aviation business to release
information in their files relating to the applicant or its operation. The applicant will execute such
forms, releases or discharges as may be required by those agencies.
h. Preliminary plans, specifications and dates for any improvements which the applicant intends
to make on the Airport as part of the activity for which approval is sought.
i. Proof (provide copy) of liability insurance coverage for the business operation, flight
operations, itinerant aircraft and operators and premises insurance.
j. Copies of all State of Minnesota permits.
k. Such other business related information as the Airport Commission may require.
4.2 Action on the Application. All applications will be reviewed and acted upon by the Airport
Commission and City within ninety (90) days from the receipt of the application. Applications may be
denied for one or more of the following reasons:
a. The applicant does not meet qualifications, standards and requirements established by these
minimum standards.
b. The applicant's proposed operations or construction will create a safety hazard on the Airport.
c. The granting of the application will require the expenditure of local funds, labor or materials
on the facilities described in or related to the application, or the operation will result in a financial loss
to the City.
d. There is no appropriate or adequate available space or building on the Airport to
accommodate the entire activity of the applicant.
e. The proposed operation, Airport development, or construction does not comply with the
approved Airport Layout Plan.
Page 9 of 24
f. The development or use of the area requested will result in a congestion of aircraft or
buildings, or will result in unduly interfering with the operations of any present fixed base operator on
the Airport such as problems in connection with aircraft traffic or service, or preventing free access and
egress to the existing fixed base operator area, or will result in depriving, without the proper economic
study, an existing fixed base operator of portions of its leased area in which it is operating and servicing
its customers.
g. Any party applying, or interested in the business, has supplied false information, or has
misrepresented any material fact in the application or in supporting documents, or has failed to make
full disclosure on the application.
h. Any party applying, or having an interest in the business, has a record of violating the Rules
and Regulations, or the rules and regulations of any other Airport, Civil Air Regulations, Federal
Aviation Regulations, or any other rules and regulations applicable to this or any other Airport.
i. Any party applying, or having an interest in the business, has defaulted in the performance of
any lease or other agreement with the City or any lease or other agreement at any other airport.
j. Any party applying, or having an interest in the business, is not sufficiently credit worthy and
responsible in the judgment of the City to provide and maintain the business to which the application
relates and to promptly pay amounts due under the FBO lease.
k. The applicant does not have the finances necessary to conduct the proposed operation for a
minimum period of six (6) months.
l. The applicant has committed any crime, or violated any City ordinance rule or regulation,
which adversely reflects on its ability to operate the FBO business for which the application is made. A
standard background check will be conducted by law enforcement personnel upon applicant signing a
General Authorization & Release Pursuant to MN Statute 13.05 Subd. 4, Minnesota Data Practices Act.
m. The applicant cannot get an Airport Security Clearance if such clearance is ever required by
Local, State or Federal regulations.
Page 10 of 24
CHAPTER 5 - FIXED BASE OPERATOR (FBO)
5.1 A Fixed Base Operator is a Business that has entered into a lease agreement with the City
establishing Airport space lease terms, rental amounts, insurance requirements or other terms and
conditions required by the City, and has met the qualifications, standards and requirements contained
herein. The FBO's books and records will be maintained for five (5) years. These books and records
will be available for inspection by the Airport Commission and the City at any time either makes a
request to review the records. The FBO may be in the business to provide one or more of the
following services to the public at the Airport:
a. Aircraft sales.
b. Aircraft rental.
c. Air taxi and charter operations.
d. Flight instruction and/or ground schools.
e. Aircraft maintenance services and sale of parts and accessories which shall include
services in one or more of the following:
(1) Airframe overhaul and repair.
(2) Engine overhaul and repair.
(3) Radio and electrical shop.
(4) Instrument shop.
(5) Aircraft interior work.
(6) Refinishing and painting.
f. Aircraft fueling and line services.
g. Retail unattended self-serve fueling.
h. Aircraft storage facility.
i. Specialized commercial aeronautical services.
5.2 The application for an FBO lease shall specify all services from the above list which the
applicant desires to offer at the Airport. The applicant may also propose services other than on the
above list with appropriate justification for consideration by the Airport Commission. An FBO may
provide or conduct only those services for which he/she has executed a lease agreement.
5.3 Since different aeronautical services have differing needs, the following are requirements
common to all:
a. All structures shall:
(1) Have at least 2,600 square feet of main floor area and shall include an office,
identified as such, on the Airport except retail unattended self-serve fueling.
(2) Conform to the Master Plan and shall be so designed as to be useable for multiple
alternative service purposes.
Page 11 of 24
(3) Conform to applicable FAA Advisory Circulars, shall meet all fire, safety, health,
and sanitary codes, and shall provide adequate facilities to meet such requirements.
b. All FBOs shall:
(1) Execute a lease agreement with the City of Rushford on the City’s approved form
(2) Ensure adequate lighted parking areas are provided for motorized vehicles and
airplanes which may be involved in the service activity.
(3) Ensure well lighted, heated and air-conditioned office space is provided at the
operator's place of business on the Airport which will contain a waiting room with appropriate
furnishings, public telephone access and restrooms. The office area shall contain at least 100 square
feet of inside floor space, exclusive of inside partitions (included as part of the minimum 2,600
square feet in 5.3a(1) above). If more than one aeronautical service is being provided the office
space for each activity may be adjusted to suit all activities with the Airport Commission's approval.
(4) These facilities shall be kept in a neat, clean and orderly condition and properly
painted. Only one office shall be required of each FBO. No FBO or its employees, agents, officers
or other persons connected with the business shall use the office area or other facilities of any other
FBO without the written consent of said FBO and the Airport Commission.
(5) Ensure adequate, lighted parking areas are provided for employees and customers.
(6) Obtain and keep in force all applicable insurance required by the City of Rushford
airport rules and regulations. Duplicate policies and certificates of insurance shall be furnished to
Airport Commission before commencing business and before the expiration of any prior policy.
(7) The FBO and all personnel and employees shall be competent and shall hold all
current and valid certificates, permits, licenses or other authorizations required by the FAA including
any FAA air taxi permits. If, as a result of any action, order or ruling of the FAA, any of the FBO's
aircraft are grounded, or any commercial pilot's certificate or instructor's certificate is suspended or
revoked, and this reduces the FBO operation to less than the minimum standard for the activity being
provided for a period of ninety (90) days or more, the FBO's license and authority to operate at the
Airport may be revoked.
(8) An FBO shall not sell, assign, or transfer its lease agreement, by operation of law
or otherwise, nor shall an FBO sublet any portion of its premises, without the prior written consent of
the City of Rushford, which consent may be withheld in the City's discretion for any reason. For
purposes of this section, an assignment or transfer includes, without limitation, (a) a transfer of a
majority in interest of the ownership of the FBO; or (b) a transfer of operational control of the FBO,
even if no ownership interest has been transferred.
Page 12 of 24
CHAPTER 6 - MINIMUM FBO SERVICE QUALIFICATIONS
A Fixed Base Operator (FBO) shall, in addition to meeting all other requirements and qualifications
of his written agreement, meet the minimum qualifications for each type of service which he/she
intends to provide:
6.1 Aircraft Sales:
a. The FBO who engages in an aircraft sales business at the Airport shall lease from the City,
or provide under terms agreeable to the City, a sales office of at least 100 square feet of inside floor
space, exclusive of inside partitions which is well lighted, heated and contains a waiting room with
appropriate furnishings, a public telephone and restrooms for men and women. The FBO shall
provide space needed for the storage and/or display of a minimum of one (1) aircraft or as many
more as such operator reasonably expects to have on hand in such business at any one time. (deleted
reference to air-conditioning)
b. Have a distributorship or sales franchise from an aircraft manufacturer for new aircraft, or
adequate sources of used aircraft, or both.
c. Hold a valid State of Minnesota Aircraft Dealers License.
d. The FBO shall provide personnel and a properly FAA certified flight instructor on duty
capable of demonstrating aircraft for sale during normal business hours, or at other times, subject to
the operator's discretion with the prior written approval of the Airport Commission.
e. Ensure satisfactory arrangements are provided at the Airport, or at another airport, for
repair and servicing of aircraft sold with service guarantee.
6.2 Aircraft Rental:
a. The FBO who engages in an aircraft rental operation at the Airport shall have access to, or
provide under terms agreeable to the City, an area sufficient in size to provide the office space herein
required. The FBO shall also have access to already existing sufficient apron area to park or tie-
down a minimum of one (1) aircraft or as many more as such operator reasonably expects to have on
hand in such business at any one time.
b. Provide, and at all times maintain, a minimum of one (1) aircraft, owned or leased by and
under exclusive control of the operator, which are properly equipped and FAA certified for rental
and flight instruction.
Page 13 of 24
c. The operator shall provide personnel and a properly FAA certified flight instructor on duty
capable of conducting flight checks during normal business hours, or at other times, subject to the
operator's discretion with the prior written approval of the Airport Commission.
d. Have adequate facilities or arrangements for storing, parking, servicing and repairing all of
its aircraft.
6.3 Air Taxi and Charter Operations:
a. The FBO who engages in air taxi and charter operations at the Airport shall lease from the
City, or provide under terms agreeable to the City, an area sufficient in size to provide the office
space herein required, an additional 100 square feet for a passenger waiting area, and if air cargo
service is provided an additional 200 square feet of storage space is required. The FBO shall also
have access to sufficient apron area to stage flights and provide for the storage, parking or tie-down
of as many aircraft as such operator reasonably expects to have on hand in such FAR Part 135
business at any one time.
b. The FBO shall have available for use at least one (1) aircraft based at the airport which is
dedicated for use in air taxi and charter operations with qualified crews, and is certified for IFR flight
(this certification only if the Part 135 Permit includes IFR operations)
c. The FBO shall provide personnel on duty during normal business hours or at other times
subject to the operator's discretion, with the prior written approval of the Airport Commission, to
handle passenger ticketing, check in and luggage. The operator shall also be available 24 hours a day
with two (2) hours notice subject to crew and aircraft availability.
6.4 Flight Instruction and/or Ground School:
a. The FBO who engages in a flight instruction and/or ground school business at the Airport
shall obtain a State of Minnesota Flight School License and shall lease from the City, or provide
under terms agreeable to the City, an area sufficient in size to provide the office space herein
required; a classroom of at least 150 square feet in size, exclusive of inside partitions if a ground
school is part of such business; an adequate planning room of at least 80 square feet; and an area
sufficient in size to store, park or tie-down two (2) aircraft, or as many aircraft as such operator
reasonably expects to have on hand in such business at any one time.
b. The FBO shall provide properly FAA certified flight instructors on duty during normal
business hours, or at other times subject to the operator's discretion. The flight instructor pilots must
meet certification requirements of the FAA for flight instruction and maintain current certificates
issued by the FAA and a current Medical Certificate.
Page 14 of 24
c. The FBO shall provide, and at all times maintain, a minimum of one (1) aircraft if this
aircraft is four (4) place, otherwise two (2) aircraft. These aircraft must be owned or leased by and
under exclusive control of the operator, properly equipped, and FAA certified, for flight instruction
and rental. If ground school training is offered as part of such business, the FBO shall have on hand
and available for use such equipment and apparatus as would reasonably be expected to be available
for such training.
d. The FBO shall demonstrate the continuing ability to meet requirements for certification of
flight instructor personnel and aircraft by the FAA.
e. The FBO shall ensure that adequate facilities or arrangements for storage, parking, tying
down, servicing and repairing all of its aircraft at the Airport is provided.
6.5 Aircraft Maintenance Services and Sale of Parts and Accessories:
a. The FBO who engages in a maintenance service business and sells parts and accessories at
the Airport shall lease from the City, or provide under terms agreeable to the City, an area of the
airport sufficient in size to provide the office space hereinafter required and a hangar having a
minimum of 2,000 square feet and, in addition, an area of ramp to tie-down a minimum of three (3)
aircraft.
b. The hangar required herein shall be equipped with such tools, machinery, equipment, parts
and supplies as are normally necessary to conduct a full-time business operation in the maintenance
service being offered and shall be staffed by mechanic/mechanics and other full or part-time
personnel who are qualified and competent and who hold all necessary certificates required by the
FAA.
c. The business of such maintenance service and sale of parts and accessories shall be staffed
with competent personnel on duty to conduct business during normal business hours.
d. If the business includes aircraft refinishing and painting it shall:
(1) Comply with and abide by all standards, rules, regulations and requirements of
the FAA, MnDOT Aeronautics, Minnesota Department of Natural Resources, Environmental
Protection Agency (EPA), OSHA, and any other local, state, or national governmental agencies
having jurisdiction over aircraft painting and stripping operations.
(2) Comply with the current standards of the National Fire Protection Association on
"Paint Spraying and Spray Booths" with regard to the arrangement, construction, and protection of
spray booths and the storing and handling of materials used in connection with aircraft painting,
varnishing and spray painting operations.
Page 15 of 24
(3) Perform all aircraft stripping operations inside a hangar or building. Outside
stripping will not be approved.
(4) Prohibit storm water runoff from being contaminated with any stripping,
painting, varnishing, or doping materials or agents, or other contaminants and flowing into rivers,
lakes, streams, etc., or being placed in any sewer system unless pre-treated and the pre-treating
process has been approved in advance and in writing by the City of Rushford Public Works Director
(PWD).
(5) Properly treat and dispose of all hazardous materials in compliance with the
governing agencies listed in Paragraph d.(1) above.
6.6 Aircraft Fueling and Line Services:
a. In order for an FBO to provide Aircraft Fueling and Line Services, the operator must also
provide Aircraft Maintenance Services and Sale of Parts and Accessories as outlined in Section 6.5
above. The FBO shall also provide a letter of commitment from the fuel supplier.
b. In order for any Person to engage in the business of providing aircraft fuel sales and line
services at the Airport, the Person shall have access to, or provide under terms agreeable to the City,
an area sufficient in size to provide the office space herein required and an additional 150 square feet
of inside floor space for the pilot lounge and flight planning area. The operator shall also have
access to 20,000 square feet of aircraft parking area and an additional area for the flow of traffic in
and out of the aircraft fuel servicing areas if necessary. The operator shall ensure the area is kept
clear of snow.
c. In addition, the FBO shall provide or arrange access to 5,000 gallons of aviation gasoline
and all necessary pumps, tanks, and mobile gas trucks, fueling islands and areas, ramps and other
fueling facilities that may be necessary, provided that the operator shall not place or maintain any
fueling facilities on the airport, mobile or fixed, which have not been previously approved by the
City and the Fire Marshall. Fuel tender capacity shall be sufficient to adequately serve the needs of
the public. The operator shall not deliver fuel into any aircraft unless the fuel has first been placed in
a suitable and approved filtration tank. There shall be no direct fueling from a common carrier
transport truck into mobile re-fueler without filtration. In all fueling operations the FBO will comply
with State and Local Fire Code and the current edition of NFPA 407 including all NFPA Standards
referenced in 407.
d. An FBO under this provision shall keep a current, complete and accurate record of all fuel,
oil and other products sold and shall, at the request of the Airport Commission, make available all
invoices and records of purchases and sales by the operator of fuels, oils and products sold for at
least two years after the receipt or sale of such products. Failure of an operator to keep an accurate
record of all purchases and sales shall be reason to revoke the operator's lease and authority to do
business on the Airport.
Page 16 of 24
e. Each FBO offering aircraft fuel sales and line services shall maintain sufficient full time
attendants on duty to service aircraft without unreasonable delay during the hours of operation. All
personnel handling the fuel shall meet the training and service requirements of FAR Part 139. The
hours of operation for fuel sales and line services shall be from sunup to sundown seven (7) days a
week. Such services shall be available to customers within 30 minutes of arrival, or request, or
within a reasonable time based on aircraft activity. Reasonable on-call service shall be available
upon request outside of the above stated hours. If fuel is supplied under contract, suitable provisions
for fueling at contracted times shall be maintained.
f. The FBO with fueling facilities shall at all times maintain an adequate supply of the fuels,
oils, and fluids normally called for at this Airport. The FBO's mobile fuel truck may not operate in
another FBO's leased area without that FBO's permission.
g. Each FBO licensed to provide aircraft fuel sales and line services under this Section shall
pay a monthly fuel flowage fee on each gallon of fuel delivered to the operator's leased premises as
set by the City of Rushford.
h. Services provided in addition to fuel will include the following:
(1) Emergency starting
(2) De-icing (by heated storage, on a “space available” basis)
(3) Towing and parking
(4) Washing
(5) Minor repairs
(6) Tire and strut inflation
(7) Oil changing
(8) Equipment necessary to provide these services shall be available.
6.7 Retail Unattended Self-Serve Fueling:
a. The FBO who engages in retail unattended self-serve fueling at the Airport shall have
access to, or provide under terms agreeable to the City, a minimum of 1,900 square feet of land on
which to provide well lighted, heated office space (100 square feet), a waiting room with appropriate
furnishings, a public telephone and restrooms, and a pilot lounge and flight planning area (80 square
feet). The remaining land area shall be used for the fuel storage and dispensing equipment. The
operator shall also provide sufficient ramp area to accommodate two (2) of the largest aircraft to be
serviced and a minimum of two (2) hard surface tiedowns for aircraft parking. The operator shall
keep the area clear of snow. (deleted air-conditioning)
b. The FBO shall ensure sufficient trained personnel to operate and maintain the self-serve
fueling system is provided. All users shall be provided with proper training for the use and operation
of the self-serve facility to include all safety procedures. All training and self-serve procedures shall
Page 17 of 24
meet the requirements of FAR Part 139. The FBO shall be available on the site with a maximum of
thirty (30) minutes response time.
c. The facility shall be available for use 24 hours a day, seven (7) days a week.
d. The FBO shall provide the Airport Commission a letter of commitment from the fuel
supplier with the application to conduct a business on the Airport.
e. The FBO shall have access to the Rushford Municipal Airport Fueling System and
associated pumps and metering equipment. The fueling system shall be fire rated, with pumping
equipment which shall meet all local fire codes and the requirements of the Minnesota Department
of Natural Resources, Environmental Protection Agency (EPA), OSHA, NFPA and any other local,
state, or national governmental agencies having jurisdiction.
f. The FBO shall ensure the following are provided:
(1) Ladders to service aircraft
(2) Properly serviced fire extinguisher
(3) Easily recognizable markings to indicate the type of fuel
(4) Adequate safety devices
(5) Placard instructions on the use of the facility, including the on-field
representative's phone number, emergency numbers and emergency
procedures.
g. The FBO shall ensure that proper maintenance of the fueling facility is provided that will
comply with all local fire codes, NFPA requirements and all applicable requirements of FAR Part
139.
h. The FBO shall ensure that access to and from the Airport is provided.
i. The FBO shall pay a monthly fuel flowage fee as set by the City of Rushford on each
gallon of fuel delivered to the operator's leased premises.
6.8 Co-op Fueling is Not an Aeronautical Service to the Public.
6.9 Aircraft Storage Facility:
a. The FBO who engages in the business of storing airplanes inside at the airport shall have
access to an area of airport land sufficient in size for the construction of a storage building with
proper access ramps and other accessories designed to accommodate at least five (5) aircraft.
b. The FBO shall construct building, ramps and accessories in locations stipulated in the
approved Airport Layout Plan. The operator shall submit and obtain approval of plans and
specifications by the Airport Commission and in accordance with all applicable laws and regulations,
Page 18 of 24
or, may enter into an “Advance Lease Agreement” arrangement with the city for construction of such
building, if the city agrees to such an arrangement.
c. If no office is maintained on the Airport, the FBO shall post in conspicuous places on the
building the name, address and telephone number of the person who is in charge of such business.
d. The FBO will carry the applicable insurance required airport rules and regulations.
6.10 Specialized Commercial Aeronautical Services:
a. A specialized commercial aeronautical service is a person engaged in air transportation
for hire and for the purpose of providing the use of aircraft for the aeronautical activities listed
below:
(1) Non-stop sightseeing flights.
(2) Aerial photography or survey.
(3) Fire watch and firefighting.
(4) Power line, underground cable or pipeline patrol.
(5) Aerial application of agricultural chemicals.
(6) Other operations specifically excluded from Part 135 of Federal Aviation
Regulations.
b. Other specialized commercial aeronautical services which have varied requirements are:
(1) Avionics sales and/or service.
(2) Aircraft manufacturing.
(3) Engine or sub-assembly overhaul (station).
(4) Upholstery shop.
c. These activities are so varied that their requirements on the airport will depend on the
scope of their operation. In some cases the only airport requirement need is for access or a tie-down
space, since all other activities of the business are normally conducted off the airport. The minimum
standards and insurance coverage will be determined based upon a detailed application submitted by
the person requesting permission to perform the aeronautical activity on the Airport.
6.11 General Duties of the FBO:
a. Be responsible for the Airport on a seven-day week basis and, in case of necessity, at any
hour(s).
b. Attend meetings of the Rushford Municipal Airport commission providing such reports
and records as requested by the City relative to the operations of the Airport; attend conferences as
requested by the City.
Page 19 of 24
c. Present a well-maintained, well-groomed Airport to visitors. Be responsible for the day-
to-day maintenance and care of the A/D building facility, lounge, restrooms and grounds; to include
the heating and lighting systems, general custodial duties, minimum snow removal and general
duties that would ensure the safe and enjoyable use of the facility by visitors. City Public Works
personnel will perform the mowing, trimming and snow removal duties for the majority of the airport
facility/grounds.
d. Notify the City as soon as practicable of any maintenance work that needs to be done or
any supplies that are required.
e. Provide notice of field conditions as required by the Federal Aviation Administration and
MN DOT Aeronautics.
f. Insure that the hangars and other buildings are used for authorized purposes only and that
no fuel tanks are allowed in any hangar.
g. Make frequent inspections of Airport runways and taxi-way areas for hazards and close
or mark areas that are unsafe to be used, including rodent or animal activity which may be damaging
the airport grounds. Inform the City of these conditions for repairs to be made.
h. Make frequent inspections of Airport lighting, Papi’s, glide slope indicators, beacon,
reflectors, wind sock and inform the City of any repairs required that are beyond the FBO’s ability to
repair.
i. Cooperate with and give advisory assistance to pilots on such matters as flight rules,
parking and field conditions.
j. Consult with the City Administrator/Airport Manager in all matters relating to proposals
from businesses to locate on airport property; provide input on such rules and regulations relative to
safe operations as the FBO believes to be necessary provided that no such rules or regulations shall
become effective until approved and issued by the Airport Commission and City Council.
k. Keep complete and accurate record of work performed on the Airport in such manners as
may be directed from time to time by the Airport Commission. Report periodically to the
Commission as requested.
l. Serve as the public relations person for promoting the Airport.
m. Perform such other and further tasks in connection with the Airport as may reasonably be
assigned by the Airport Commission, City Administrator or City Council.
Page 20 of 24
n. The FBO will seek to increase the level of aviation activity, both in terms of the number
of based aircraft and number of airport operations at the Rushford Airport and will seek to increase
the number of airport operations that nurture all types and kinds of aeronautical activity.
o. The FBO will seek to build on the NPIAS designation and meet or exceed the minimum
number of based aircraft in order to maintain the designation through strategic development of the
airport.
6.12 General Provisions:
a. FBO shall operate the Airport premises for the use and benefit of the public and shall
furnish prompt, efficient service on a fair, equal and non-discriminatory basis to all users.
b. FBO understands that no right or privilege is granted to him by this agreement that would
operate to prevent any person, firm or corporation operating aircraft on the Airport from performing
any services on its own aircraft with its own employees.
c. The City reserves the right to further develop or improve the Airport as it sees fit,
regardless of the desires or view of the FBO, without interference or hindrance by the FBO.
d. This contract is not assignable in whole or in part.
CHAPTER 7 - LEASE PROVISIONS
City leasing procedures require many standard lease provisions to be included in all leases. The
following are lease provisions of special concern to the prospective FBO:
7.1 Inspection and Maintenance:
a. To the extent necessary to protect its rights and interests or to investigate compliance with
the terms of the lease and the airport rules and regulations, the City, or any member thereof, and
Airport Commission shall have the right to inspect at all reasonable times all airport premises,
together with all structures or improvements, and all aircraft, equipment and all licenses and
registrations.
b. Each FBO shall be responsible for the removal of snow and ice from their leased area in
which they are authorized to operate and shall keep such leased area which they are authorized to
operate free and clear of all weeds, rocks, debris and other unsightly material which could cause
damage to aircraft, buildings, persons or automobiles.
Page 21 of 24
c. No Person shall carry onto the Airport any trash, garbage, debris, junk, refuse or other
material and abandon or dispose of it on the Airport. All waste, refuse or garbage generated on the
Airport shall be placed and kept in closed garbage cans or containers, and all operating areas shall be
kept in a safe, neat, clean and orderly manner at all times and in such a manner as to minimize any
hazards.
7.2 Subleasing/Sale of Lease:
No right, privilege, permit or license to do business on the airport, or any lease of any area of
the airport shall be assigned, sublet, sold, or otherwise transferred or conveyed in whole or in part
without prior written consent of the City.
7.3 Assigned Areas:
No Person or Persons authorized to operate on, or conduct business activities at, the airport
shall conduct any of their business activities or park any aircraft on any areas except those specified
in the lease or written agreement. An aeronautical service provider shall not use any common areas
except as authorized by the airport rules and regulations or as approved in writing in advance by the
Airport Commission.
7.4 Indemnification:
The FBO shall indemnify, defend, and save the City of Rushford, its authorized agents,
officers, representatives and employees, and hold harmless from and against any and all actions,
penalties, liabilities, claims, demands, damages, or losses, resulting from claims or court action,
whether civil, criminal or in equity, and arising directly or indirectly out of acts or omissions of the
FBO, its agents, employees, servants, guests, business visitors, invitees or customers.
7.5 LESSEE's Environmental Responsibility:
a. LESSEE shall defend, indemnify, and hold harmless LESSOR from any damage, cost,
losses, liabilities, or expenses, (including expert's fees, attorney's fees, and testing and remediation
costs), resulting from any environmental contamination of the Ground Area which contamination
occurs after the effective date of this lease and which is finally determined to be caused by LESSEE's
use of the Ground Area.
b. LESSEE agrees to comply with all federal, state, or local laws relating to the
manufacturing, processing, distributing, use, treatment, storage, disposal, transport, or handling of
pollutants, contaminants, chemicals, or industrial, toxic, or hazardous substances or wastes. Within
thirty (30) days of the beginning of the term of their lease and on each anniversary thereafter,
LESSEE shall submit to LESSOR a list of all the above substances that LESSEE has on the leased
premises. LESSEE also agrees that LESSOR may, but is not required to, inspect the leased premises
for the above substances at any reasonable time. If LESSOR conducts an inspection and
Page 22 of 24
recommends a change in LESSEE's procedure regarding any substance, LESSEE agrees to use
reasonable efforts to implement LESSOR's recommendation and will do so in a safe and proper
manner. LESSEE shall have a pollution prevention program and provide LESSOR with a copy.
c. If there is an environmental spill or release of any of the above substances in the leased
premises at any time or if LESSEE, its officers, directors or employees cause an environmental spill
or release on the Airport other than the leased premises, LESSEE agrees to (1) immediately report
such spill or release to LESSOR and to the appropriate federal, state, or local authorities, and (2) take
immediate action to contain and clean up the spill or release at LESSEE's expense. In this situation,
LESSEE agrees to defend, indemnify and hold LESSOR, including the City of Rushford, and their
officers and employees, harmless from and against any damages, loss, liability, expense, suit, claim,
judgment, fine or demand, including attorney fees, investigation and remediation cost, and court cost
arising out of or incident to such spill or release.
7.6 FAA Required Lease Provisions:
Each lease at the airport shall contain the following provisions regarding subordination,
emergency leasing to the U.S., exclusive rights and nondiscrimination. The language for these
provisions is as follows:
a. Nondiscriminatory Service: The FBO shall furnish to all users all authorized or licensed
services on a fair, equal, and not unjustly discriminatory basis and shall charge fair, reasonable, and
not unjustly discriminatory prices for each unit or service, provided that the FBO may make
reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to
volume purchasers, if permitted by law.
b. Lease Subordinate to Agreement between Lessor and the United States: This lease shall
be subordinate to the provisions of any existing agreement between the Lessor and the United States,
relative to the operation or maintenance of the Airport, the execution of which has been required as a
condition precedent to the expenditure of Federal funds for the development of the airport.
c. Exclusive Rights: The parties specifically understand and agree that nothing herein
contained shall be construed to grant or authorize the granting of an exclusive right to provide
aeronautical services to the public as prohibited by section 308 (a) of the Federal Aviation Act of
1958, as amended, and the LESSOR reserves the right to grant to others the privilege and right of
conducting any one or all aeronautical services.
d. Emergency Lease to United States:
(1) During time of war or national emergency, the LESSOR shall have the right to
lease the landing area, or any part thereof, to the United States Government for military or naval use,
Page 23 of 24
and if any such lease is executed, the provisions of this instrument insofar as they are inconsistent
with the provisions of the lease to the Government shall be suspended.
(2) All facilities of the airport developed with State or Federal financial assistance
and all facilities usable for landing and takeoff of aircraft will be available to the United States for
use by Government aircraft in common with other aircraft at all times without charge except, if the
use by Government aircraft is substantial, a charge may be made for a reasonable share, proportional
to such use, of the cost for operating and maintaining the facilities used.
Non-Discrimination Clause
The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself/herself, his/her personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree (in the case of deeds and leases, add "as a covenant running with the land") to the
following:
(1) No person on the grounds of race, color, creed, national origin, age, handicap, or
sex, shall be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination in the use of said facilities;
(2) In the construction of any improvements on, over, or under such land and the
furnishing of services thereon, no person on the grounds of race, color, creed,
national origin, age, handicap, or sex shall be excluded from participation in,
denied benefits of, or otherwise be subjected to discrimination;
(3) The (grantee, licensee, lessee, permittee, etc.) shall use the premises in
compliance with all other requirements imposed by or pursuant to Title 49, Code
of Federal Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the
Department of Transportation - Effectuation of Title VI of the Civil Rights Act of
1964, and as said Regulations may be amended.
That in the event of breach of any of the above nondiscrimination covenants, (Name of Sponsor)
shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said
land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never
been made or issued.
Page 24 of 24
CHAPTER 8 - WAIVER OF MINIMUM STANDARDS
8.1 Upon the recommendation of the Airport Commission the City may, at its discretion, waive
all or any portion of these “Minimum Standards” set forth herein for the benefit of any government
or governmental agency performing non-profit public services to the aircraft industry, or performing
fire prevention, or fire-fighting, or rescue service operations. The Airport Commission may further
temporarily waive any of the minimum standards for non-governmental applicants when he/she
deems such waiver to be in the best interest of the Airport's operation.