Part 3 — AIR CARRIERS AND OTHER COMMERCIAL ACTIVITIES

A.

A certificated passenger air carrier shall be authorized to operate regularly scheduled flights to the airport, upon the fulfillment of the following requirements:

The director determines that there is available space at the terminal apron, gates, and baggage area; and

The certificated air carrier either enters into an agreement with the city providing for its use of space in the airport terminal facilities with the city, or arranges with another certificated air carrier who is a current tenant at the airport to share or sublease space in the airport terminal facilities; and

The certificated air carrier enters into an operating agreement pertaining to its use of the airfield and other common facilities of the airport containing such provisions as the city council (or the director if he or she is authorized to execute the agreement) determines to be necessary or desirable to protect the interests of the city or the general public.

B.

The director shall be authorized to execute any operating agreement required by this section on behalf of the city if:

The total monetary value received by the city from such operating agreement does not exceed two hundred fifty thousand dollars ($250,000.00); or

The term of such operating agreement where the total monetary value received by the city exceeds two hundred fifty thousand dollars ($250,000.00) is for three (3) years or less, including the term of any extensions or renewals of such agreement for which either the city or the certificated air carrier has the option or right to renew under the terms of the operating agreement.

C.

The director shall be authorized to execute amendments to extend the term of any operating agreement required by this section on behalf of the city if the total monetary value received by the city from such operating agreement from the original effective date through the extended term does not exceed two hundred fifty thousand dollars ($250,000.00).

D.

Any operating agreement executed as provided in this section by the director shall be approved as to form by the office of the city attorney before execution by the director, and the original of the operating agreement shall be filed with the office of the city clerk.

E.

The city council shall approve the execution of any operating agreement required pursuant to this section if:

The total monetary value received by the city exceeds two hundred fifty thousand dollars ($250,000.00); and

The term of such operating agreement is greater than three (3) years.

F.

The city council shall also approve the execution of amendments to extend the term of any operating agreement required by this section on behalf of the city beyond three (3) years, if the total monetary value received by the city from such operating agreement from the original effective date through the extended term exceeds two hundred fifty thousand dollars ($250,000.00).

(Ords. 25529, 28017.)

A.

Certificated air carriers shall be authorized to utilize ticket counter space, holdroom space, baggage make- up space, and/or office space in the terminal facilities or cargo facilities by either a lease or license if the director determines that there is space available therefor consistent with the convenience of airline passengers and the space needs of other terminal facilities uses or cargo facilities uses.

B.

The director shall be authorized to execute any lease or license if:

The total monetary value received by the city from such lease or license does not exceed two hundred fifty thousand dollars ($250,000.00); or

The term of such lease or license where the total monetary value received by the city exceeds two hundred fifty thousand dollars ($250,000.00) is for three (3) years or less, including the term of any extensions or

renewals of such agreement for which either the city or the certificated air carrier has the option or right to renew under the terms of the lease or license.

C.

The director shall be authorized to execute amendments to extend the term of any lease or license required by this section on behalf of the city if the total monetary value received by the city from such lease or license from the original effective date through the extended term does not exceed two hundred fifty thousand dollars ($250,000.00).

D.

Any lease or license executed by the director as provided herein shall be approved as to form by the office of the city attorney before execution by the director, and the original lease or license shall be filed with the office of the city clerk.

E.

The city council shall approve the execution of any lease or license required pursuant to this section if:

The total monetary value received by the city exceeds two hundred fifty thousand dollars; and

The term of such lease or license is greater than three (3) years.

F.

The city council shall also approve the execution of amendments to extend the term of any lease or license required by this section on behalf of the city beyond three (3) years, if the total monetary value received by the city from such lease or license from the original effective date through the extended term exceeds two hundred fifty thousand dollars ($250,000.00).

G.

The director or the city council, as the case may be, shall require such leases or licenses to contain terms and conditions considered necessary or desirable for the protection of the safety and convenience of the city and the general public.

(Ords. 25529, 28017.)

Fees and charges required to be paid for use by a certificated air carrier of airport facilities and/or landing at the airport may be established by any of the following methods:

A.

In accordance with Part 3 of Chapter 25.08 of Title 25 of the San José Municipal Code.

B.

In accordance with the schedule of fees adopted by resolution of the city council.

C.

In accordance with the provisions of operating agreements, leases or licenses which have been approved by the city council.

A manual accurately reflecting such fees and charges required by this section shall be maintained at the office of the director and shall be available to the public upon request.

(Ords. 25529, 29148.)

A.

Certificated air carriers that are not regularly scheduled to land at the airport shall be authorized to operate on the airport only if the director determines that there is space available therefor at the apron, gates and baggage facilities and that the public safety, convenience and welfare will be served by such operation.

B.

Fees and charges for such certificated air carriers that are not regularly scheduled to land at the airport shall be established in conformity with Section 25.08.360.

(Ords. 25529, 29148.)

A.

A certificated air carrier of cargo shall be permitted to operate regularly scheduled flights to the airport if the director determines that there is available space at designated areas in and about the airport for loading and unloading of cargo or freight and for any ground operations or support facilities as may be required for the cargo operations, and that the public safety, convenience, and welfare will be served by such operation.

B.

Fees and charges for such regularly scheduled certificated air carrier operations shall be established in conformity with Section 25.08.320.

C.

Certificated air carriers of cargo shall otherwise comply with the requirements of securing leases, licenses, and operating agreements in accordance with Sections 25.08.300 and 25.08.310.

(Ords. 25529, 29148.)

A.

No person, association or other entity shall conduct any commercial delivery or service activity on the airport apron (including but not limited to, fueling of aircraft and ground vehicles, catering in-flight meals, and the performance of ramp services) without first obtaining a permit therefor.

B.

Such permits shall be issued if the director determines that the activity will be performed consistent with the safety and convenience of airport users and that a need exists on the airport for such activity.

C.

No such permit shall be issued if it would be in conflict with existing contractual commitments of the city.

D.

The permits shall be issued by the director and shall be revocable upon thirty days' notice upon a determination by the director that revocation is necessary for the protection of the safety and convenience of the city, airport users, and the general public.

E.

The permittee is required to pay fees established by resolution of the city council for such permits, and the permit shall contain such other terms and conditions as the director determines to be necessary for the protection of the safety and convenience of the city, airport users, and the general public.

(Ord. 25529.)

A certificated air carrier operating regularly scheduled flights to the airport that has not entered into an agreement with the city as required pursuant to Part 3 of Chapter 25.08 of Title 25 of the San José Municipal Code and any certificated air carrier that is not regularly scheduled to operate at the airport shall:

A.

Comply with all rules, regulations, and orders issued by the city, the director and the city's officers and employees, regarding the proper use or occupancy of the airport or any portion thereof;

B.

Submit monthly activity reports for activity conducted by the certificated air carrier at the airport pursuant to the terms of the city's then-current certificated air carrier lease and operating agreement;

C.

Pay when invoiced by city all rates and charges applicable to its operations at and use of the airport or any portion thereof, as determined pursuant to the terms of the city's then current certificated air carrier lease and operating agreement; and

D.

Pay when invoiced by city an additional amount equal to thirty percent of all rates and charges applicable to its operations at and use of the airport or any portion thereof.

(Ords. 28006, 29148.)