HomeMy WebLinkAboutR-1993-140 Rules and RegulationsRESOLUTION NO. R-93- 140
A RESOLUTION approving rules and regulations adopted by the Yakima Air
Terminal Board.
WHEREAS, by an agreement entitled "Joint Air Terminal Operations
Agreement," dated June 30, 1982, the City of Yakima and Yakima County entered
into the joint operation of the Yakima Air Terminal, and provided for the
appointment of a Yakima Air Terminal Board authorized to adopt rules and
regulations for operating the Air Terminal subject to the approval of the Board of
Yakima County Commissioners and the Yakima City Council, all as contemplated by
RCW 14.08.200; and
WHEREAS, the Yakima Air Terminal Board adopted certain rules and
regulations b) adopting its resolutions numbered 06-90-003-A, 12-83-003-A,
12-83-004-B, 93.001, and 93.002, copies of which are attached hereto; and
WHEREAS, the City Council deems it to be in the best interests of the City
that the rules and regulations adopted by those resolutions be approved by the
Yakima Cit) Council, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Yakima City Council does hereby approve the rules and regulations
adopted b\ the Yakima Air Terminal Board as contained in the following
resolutions of the Yakima Air Terminal Board:
Resolution No. 06-90-003-A, Fuel Handling Procedures
Resolution No. 12-83-003-A, Airport Petroleum Products License and
Flowage Fee
Resolution No. 12-83-004-B, Airport Ground Control and Security
Resolution No. 93.001, Regulations and Fees for Rental Car Businesses
Operating on the Yakima Air Terminal Without a Lease
Resolution No. 93.002, Regulations Relating to Rental Car License
Agreements, Limiting the Number of Rental Car Agency Licensees,
Specifying Minimum License Fees, and Assessing Penalties for Violation of
These Regulations
copies of which resolutions are attached hereto and by reference made a part
hereof.
___ a.rtrrr1 rules rp
2lt.h December
ADOPTED BY THE CITY COUNCIL this day of , 1993.
ATTEST:
City Clerk
res z_rtrrrj _.._es rp
in
Mayor
FF Ott i , AIFFi;FT
Resolution 06-90-003-A
12.16.i?',47. 14:45 F
(Repeals and replaces Resolution 06-9003.)
YAKIMA AIR TERMINAL
RESOLUTION 06-90-003-A
TITLE: FUEL HANDLING PROCEDURES
BE IT RESOLVED BY THE YAKIMA AIR TERMINAL BOARD:
SECTION 1: No person shall store, dispense, or otherwise
handle aviation fuel, lubricants or oxygen (other than
articles and materials that are, or are intended to be,
aircraft cargo) on the Airport unless such person:
A) Has completed an aviation fuel training course in fire
safety that meets the requirements set forth in the
Federal Aviation Administration Regulations 14 CFR Part
139.321; or
B) Has successfully completed on the job training in
aviation fuel handling fire safety from a person trained
in paragraph A; and
C) Is registered with the Yakima Air Terminal and has
provided acceptable documentation that the training in
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(A) or (B) has been successfully completed; and
D) Possesses a valid identification badge issued by the
Yakima Air Terminal. Identification badges are available
at the Yakima Air Terminal manager's office, by
appointment, for a non-refundable fee of $10.00. within
three (3) days of termination of employment, the fueler's
identification badge must be returned to the Airport
manager's office. It shall be the responsibility of the
employer to assure the return of the identification
badge. The employer shall submit to the Airport a fee of
$50.00 for each badge not returned within the stated time
period. The Airport must be notified within three (3)
days of any lost„ stolen or missing identification
badges. A non-refundable fee of $5.00 will be charged
for re -issuing identification badges.
SECTION 2: Each Airport; tenant fueling agent shall annually
certify that all fuel handlers employed by that agent have
received the training outlined in Section 1. This information
shall be reported to the Yakima Air Terminal by June 1st of
each year and shall include the name of each person authorized
to fuel in section 1 and a list of training accomplished.
SECTION 3: It shall be unlawful for any person to fuel, or
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otherwise handle fuel, lubricants, or oxygen on the Airport
without visibly displaying the fuel handlers identification
badge, on their person, unless such person is receiving on-
the-job training and is under the direct and immediate
supervision of a person authorized to handle fuel as outlined
in section 1 A, C and D.
5ECTSQII 4, It shall be unlawful for any person to operate,
allow to operate, or dispense aviation fuel, lubricants, or
oxygen from any dispenser whether fixed or mobile, which does
not comply strictly with all pertinent sections of the Uniform
Fire Code, latest edition, National Fire Protection
Association Part 407, and F.A.A. Advisory Circular 150/5230-4,
latest edition.
BECTION 5: It shall be unlawful for any person to dispense
fuel, lubricants, or oxygen from any dispenser, whether fixed
or mobile, in a manner inconsistent with procedures outlined
in the Uniform Fire Code, latest edition, National Fire
Protection Association Part 407, and F.A.A. Advisory Circular
150-5230-4, latest edition.
§ECTION 6: Penalty for violations:
A) Any person in violation of Section 1, 2, 3 or 5 shall
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Resolution 06-90-003-A
be subject to:
1) First offeree: Revocation of fueling privilege
until conditions have been corrected, es determined
by persons with appropriate authority outlined in
Section 9.
2) lecond offense: subject to a civil penalty of
not more than $50.00 and seven (7) day revocation
of fueling privilege,
3) Third and any subsequent offer. : Subject to a
civil penalty of not more than $100.00 and 30 day
revocation of fueling privilege.
13) Any person in violation of Section 4 shall be subject
to:
1) First offenEe: Immediate revocation of fueling
privilege until discrepancy is corrected, as
determined by persons with appropriate authority
outlined in Section 9.
2) Second Qf fence,; The owner and/or operator of
the dispenser, whether fixed or mobile, shall be
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Resolution 06-90-003-A
subject to a civil penalty of not more than $50.00
and revocation of fueling privilege until
discrepancy has been corrected.
3) Third aid any subsequent offense: The owner
and/or operator of the dispenser, whether fixed or
mobile, shall be subject to a civil penalty of not
more than $100.00 and revocation of fueling
privilege for one (1) month. At the end of the
suspension date, the dispenser may be put back into
service only after it has been inspected and
determined to be in compliance with all pertinent
regulations.
SECTION 7: Adoption of rules and regulations:
The Yakima Air Terminal Board, an agency of the City of
Yakima and Yakima County, hereby adopts the following
publications, documents, and circulars, which will be
incorporated by reference, into the rules and regulations
of the Yakima Air Terminal.
1) Uniform Fire Code (1988 edition), Part IV,
Article 24, Airports, heliports, and helistops,
Division 1 -General, Division 2-Refueler units,
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Resolution 06-90-003-A
Division 3 - Helistops.
Except Division 1 -General, Section 24.107 drip
pans.
Except 23.203 (c) , only one qualified person
shall be required for fuel transfer from a
mobile fueler.
2) Uniform Fire Code, latest edition, Part VII -
Special Subjects, Article 79, Flammable and
Combustible Liquids, in its entirety.
3) National Fire Protection Association Part 407,
aircraft fuel servicing, latest edition.
4) F.A.A. Advisory Circular 00-34A, Aircraft Ground
Handling and Servicing, latest edition.
5) F.A.A. Advisory Circular 150/5230-4, Aircraft
Fuel Storage, Handling, and Dispensing on Airports,
latest edition.
6) Federal Aviation Regulation 14 CFR 139.321
Handling And Storing of Hazardous Substances and
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Resolution 06-90-003-A
Materials.
SECTION 8; Applicability:
A) Resolution 06-90-003-A, Fuel Handling Procedures shall
be applicable to all persons, corporations, firms, and
organizations which supply fuel, lubricants and oxygen to
any other person, corporation, company, or organization
at the Yakima Air Terminal for use or intended for use in
aircraft of any type or nature.
B) Resolution 09-90-003-A, Fuel Handling Procedures,
Section 3, paragraphs A,B,C, Section 2, Section 4,
Section 5, Section 6, and Section 7 shall be applicable
to persons, corporations, firms and organizations who
dispense fuel, lubricants, and oxygen to aircraft owned
and operated solely by said person, corporation, firm or
organization at the Yakima Air Terminal.
C) Section 1, paragraphs A, B, C, D, Section 2, and Section
3, of this Resolution shall not be applicable to FAA Part
121 or Part 135 Airline Operators while engaged in self -
fueling.
(Reference - 14 CFR Part 139, Section 139.321, paragraph
(h).)
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D) This resolution shall not be applicable to wholesale
fuel distributors who are licensed in accordance with
Yakima Air Terminal Board Resolution No. 12-83-003-A,
Airport petroleum Products License and Flowage Fee.
EXCEPT: If such person, firm or corporation so
licensed above engages directly in supplying fuel,
lubricants or oxygen to aircraft, the section or sections
otherwise appropriate to the person, firm or
corporation's activities shall apply.,
EBILIaLii Authority:
The following persons shall have the authority to
administer these regulations and initiate enforcement
action:
1) Yakima Air Terminal Board and staff.
2) City of Yakima Code Enforcement personnel.
3) City of Yakima, Fire Chief, or his designee.
SECTION S0: Definitions:
ASRPO$T - Those areas within the legal boundaries of the
Yakima Air Terminal as defined in "Exhibit A" of the
Joint Air Terminal Operation Agreement, dated 30th of
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Resolution 06-90-003-A
12.1E.1993 14:46
June, 1982, and;
All areas immediately adjacent to the Airport properties,
as defined above, that have taxiways, ramps, and the
like, intended as a means of access for aircraft to and
from the Airport.
DISPENSER Any unit used for the storage and/or transfer
of aviation fuels, lubricants, or oxygen, or other fuels,
lubricants, or oxygen intended to be used in aircraft
including, but not limited to, tanks and associated
equipment, tank trucks or tank vehicles, hydrant systems,
fuel pits (whether above or below ground), mobile or
fixed oxygen service units, lubrication dispensers, and
the like, or any other type of device used for the
storage and transfer of fuels, lubricants, and oxygen.
FECTION 11: Effective date:
This resolution shall become effective on July 1, 1991,
repealing and replacing Resolution 06-9003. Any
reference in other Board documents referring to
Resolution 06-9003 shall hereinafter mean Resolution 06-
90-003-A.
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Resolution 06-90-003-A
12.16.1992 14.49
Adopted by the Yakima Air Terminal Board, June 13, 199
ATTEST:
Secretary
City of Yakima Resolution #
Chairman
Date
Yakima County Resolution # Date
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Resolution No. 12-83-003-A
(Repeals and replaces Resolution 12-83-003.)
YAKIMA AIR TERMINAL
Resolution No. 12-83-003-A
TITLE: AIRPORT PETROLEUM PRODUCTS LICENSE AND FLOWAGE FEE.
(Complete text as amended by resolution of the Yakima Air
Terminal Board.)
Be it resolved by the Yakima Air Terminal Board:
section 1: No person, firm or corporation shall deliver Aviation
gasoline, motor vehicle gasoline, diesel fuel, kerosene, aviation
jet fuel, or the like, (hereafter referred to as fuel) to any
person, firm or corporation located at the Yakima Air Terminal with
the knowledge that such fuel will be dispensed at the Yakima Air
Terminal without first securing a license to do so, hereby
designated as an airport petroleum license. Such license shall be
obtained from the Yakima Air Terminal Board through the Airport
Manager's office and shall expire on the last day of December of
each year. The annual fee for such license is fixed in the sum of
$50.00.
Section 2; Any person, firm or corporation who delivers said fuel
to any person, firm or corporation located at the Yakima Air
Terminal, shell pay a fuel flowage fee of five cents ($.05) for
each gallon of fuel delivered after June 30, 1991, until such time
as the fee may again be amended.
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Resolution No. 12-83-003-A
12.16.199" 14:49
fis,ctiop 3; Each person, firm or corporation delivering fuel
as designated in this resolution shall, on or before the
tenth day of each month, render to the Airport Manager a statement
showing the type of fuel, and the number of gallons delivered in
the previous month, to whom delivered, and the amount due the
Yakima Air Terminal Board pursuant to this resolution, and
accompany such statement with the remittance of the amount dues„
ltctioa _4:. Exemption; Fuels used exclusively by the
City of Yakima Fire Department and the Yakima Air Terminal are
exempt from this resolution. Also, air carriers/airline operators
whose lease with the Yakima Air Terminal prohibits the charge of a
fuel flowage fee shall also be exempt from this resolution.
action 5:. The term "located at the Yakima Air Terminal" shall
mean any person, firm or corporation with direct access to the
Yakima Air Terminal whose prime business is dependent upon airport
operations or usage.
eciion 6. This resolution shall become effective July 1, 1991,
repealing and replacing Resolution 12-63-003. Any reference in
other Board documents referring to Resolution 12-63-003 shall
hereinafter mean Resolution 12-63-003-A.
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12.15.1993 14:50
Resolution No. 12-83-003'A
Adopted by the Yakima Air Terminal Board this 13 dayane, 1991.
ATTEST:
—"a -Farman
Secretary
City of Yakima #_ .� Date
Yakima County # Date
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(Repeals and replaces Resolution 12-83-004-$.)
YAKIMA AIR TERMINAL BOARD
Resolution No. 12-83-004-$
Title: AIRPORT GROUND CONTROL AND SECURITY
BE IT RESOLVED by the Yakima Air Terminal Board:
l
Section 1: Definitions: As used in this resolution, unless a
different meaning clearly appears from the context, the following
words and phrases shall have the following meanings ascribed to
them:
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of the Air Operations Area
(AOA), Security Identification Display Area (SIDA), General
Aviation areas (GA) an Passenger Pre -boarding area as they are
defined hy_this Section:
1. "Air Operations Area, (AOA)" means that portion of the
restricted area of the Yakima Air Terminal consisting of taxiways
and runways and property adjacent thereto now or hereafter posted
or fenced with signs designating the boundaries of and warning
against entry into such air operations area;
!:.09. 197 1`_
2. "Security ldentilictio.n�isplay Area, (SIDA) "Jae cps jh=at
portion f the reetr ct d j,rea L the Yakima Air Terminal adjacent
i9Lterminal building concourses, _ow or hereafter used _for laadi.na
and _u_r_11oadin9 of passengers and baggage ar=ie_ALL n_d___Jma
iden_ti_tie in the Yakima A r er 4inOA_Etcur.ity Manua L ir.citELQIe i
access document) .
3, "General Aviation Area, (GA)" means that portion of the
restricted area of the Yakima Air Terminal now and hereafter
designated by directory end warning signs to be used for general
aviation purposes, including loading, unloading and per:Forming
services in connection with aircraft other than aircraft operate
by air carriers;
4. "Passenger Pre -boarding Area" means that portion of the
Yakima Air Terminal terminal building now or hereafter separated by
barriers from the unrestricted area therein and posted with a
warning sign, or signs, giving notice that entry of persons into
the passenger pre -boarding area is restricted and _A11 _pgrApng.
entering said _Area . Ji lzj Ct to the..._passenge prebQardi..
'Rcreenjng process in accordanpe with_ anplioable 101s „_rulea,_arsd
mulatiopll
B. "Air Carrier" meaner a person, firm or corporation engaged
in transporting persons and freight by air, required by applicebl
laws, rules or regulations to conduct pre -departure screening of
enplaning passengers and having a contract or other agreement with
the Yakima Air Terminal Board to conduct such operations at the
Yakima Air Terminal, either regularly or on specific dates;
C. "Public Parking Area" means any portion of the Yakima Air
Terminal now or hereafter designated by a sign or signs to be used
for parking of vehicles by the general public;
D. "Controlled Parking Area" means any portion of the Yakima
Air Terminal now or hereafter designated by a sign or signs to be
used for parking of specified vehicles or vehicles of a specified
type or for a specified purpose;
E. "East Ramp" and "West Ramp" shall mean those portions of
the Yakima Air Terminal ramp area now or hereafter designated for
aircraft parking by resolution of the Yakima Air Terminal Board.
yL "Yakima Air_Terminal Security Plan" shah mean the
yakima_r Terminal security Plan as prosnulcraed pursuant to�od�
of Federal Regulations, Aeronautics .and mace, Federal_ Aviation
Adminiatrat$on Regulation$ 14CFAPa_rt 107, _Airport Security dated
,wary 3991. The Secyrity Plan __a re tr,icted $Gess
aQcument, and all recxuestf fQr information cQntaii ed herein shall
be _directed to the Director. Civil Aviation Security, Fe.oral
Aviation Administration, in OPoordAnce_ with FAR Pert_ 101.3 (e } of
the act.
Section 2: Authority of _Airport nager. The Airport Mennger is
authorized to establish practices and procedures for operations and
activities of the Yakima Air. Terminal, to administer the provisions
of this resolution and other federal, state and local laws, rules
end regulations applicable to airport operations and activities, to
place and maintain such warning end directory signs es ere required
by this resolution or as he deems necessary or desirable, ,and to
administer provisions of this resolution and other applicable laws,
rules and regulations, ell with the concurrence of the Yakima Air
Terminal ,Board.
Section 3: Emory Proh.bited Into J e ricted �' r�ks - blIsceptLo , •
A. Entry prohibited. It is 'unlawful for any person to enter
into any restricted area of the Yakima Air Terminal which is posted
or fenced with signs designating a restricted area or warning
against entry into such area, provided, the prohibition of this
Subsection shall not apply to persons authorized to enter
restricted areas es provided by Subsection S of this Section, gr in
Accordance with provisions of the Yakima A , retinal le,CMrity _Plan
Jj egtricted ecceqs document.L
B. The following persons are authorized to enter certain
restricted areas in accordance with the following provisions:
1. The Airport Manager, Airport employees under the
supervision of the Airport Manager, and members of the Yakima Ai
Terminal Board on official business may enter any restricted area
at, any time;
7. Drivers and attendants of fire suppression vehicles
and equipment, ambulances and other emergency vehicles and
equipment may enter any restricted area as may be necessary to
respond to a summons for emergency services.
B. Aircraft fuelers end other aircraft servicing
personnel may enter the Security Identification Display Area when
such fueling and/or servicing is requested by air carrier personnel
for air carrier aircraft provided that such_ent y is in accor'dan e
with _IRrovi$ions of the Yakima Air Terminal Security Plan
/restricted access document).
Section 4: Vehicle parking.
A. Controlled Parking. It is unlawful for the operator of
any vehicle to stop or park such vehicle in any controlled perking
area unless the vehicle, or the purpose for which it is stopped or
parked, complies with the designation of a sign or signs posted at
the controlled parking area.
B. Public Parking. It is unlawful for the operator of any
vehicle to park such vehicle any place other than in an area
designated by signs as a public parking area, unless such vehicle
is stopped or parked in a controlled parking area in accordance
with Subsection A of this Section.
C. Impoundment. The Airport Manager, his designee, and
airport police or guard, or any Airport Board Member is authorized
to impound or cause to be impounded any vehicle parked on the
Yakima Air Terminal property in violation of the provisions of this
2. Law enforcement officers performing their duty in
connection with airport security may enter any restricted area et
any time;
3. Any employee of an air carrier may enter any
restricted area es may be necessary for the employee to perform his
duties es assigned by supervisory personnel of such air carrier;
4. Enplaning and deplaning passengers of air carriers
may enter the Passenger Pre -boarding area and Security
Identification Display Area while in the process of enplaning or
deplaning; provided, no enplaning passengers shall enter such
restricted areas without first having been subjected to the final
passenger screening process in accordance with applicable :laws,
rules, regulations or other requirements;
5. Owners, operators and other persons connected with
the operation and servicing of aircraft other than that of air
carriers, and passengers and other persons being served by such
aircraft, may enter the general aviation area, east ramp, west
rernp, end air operations areas es may be necessary to operate and
service such aircraft or to be served thereby;
6. Any person may enter a restricted area when escorted
by the Airport Manager, Airport employee, or Airport Board Member.
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resolution. The applicable provisions of Chapter 9.4$ of the City
of Yakima Municipal Code shall govern the towing, storage,
redemption or other disposition of any vehicle impounded pursuant
to this resolution.
2 Vehicle Impoundment Without Prior Notieh c1e may,
be impounded without q vinq prior notice in accordance with
provisions end procedures_Qmtlined in the City of Yaki_Era Municipal_
Code, n e fic, Subsection 9.48.565.
D. Penalty. Violations of vehicle parking provisions shall
be a parking infraction with a monetary penalty of ten dollars
($10.00) for each and every violation, for which the registered
owner of the vehicle shall be responsible.
E. Parking Infraction - Monetary penalty for failure to
respond. If no response is made to a notice of parking infraction
within seven (7) days from the date it is issued there shall be a
monetary penalty of five dollars ($5.00) added to the monetary
penalty for committing the parking infraction; end further, such
monetary penalty for failure to respond shall be increased to
twonty dollars ($20.00) if the notice of parking infraction remains
unpaid for a period of thirty (30) days. After thirty (30) days,
the Airport may, in addition to other available remedies, turn the
unpaid penalties over to a collection agency, with the penalties
and the associated collection expenses to be paid by the
responsible party.
•
Section 6: penalty for VL►at£Qn.2_ Any ;person convicted of
violating any provision of this Resolution, ether than a parking
infraction, is subject to punishment by a fine of not more than
$500.00 or incarceration for not rnore than ninety (90) days or by
both such fine and incarceration.
Section 7: $nforcement. The provisions of this resolution shall
be enforceable by all law enforcement personnel and those members
of the Airport Staff designated as security officers or named
specifically for parking enforcement by the Yakima Air Terminal
Board.
This resolution shall become effective on_- 1992,
repeal and repiacing Re$olutiQn_12-63-004-A. Inv_$ r ncg_ in
Sal= iislaisl_documents refertiilg_t4 Resolutisu. 12-83-004 r',2- 3-
QQ � shai1 hereinafter ehal.l mean Resolution 12-83-004-8.,
Adopted by the Yakima Air Terminal Board,
ATTEST:
1992.
Chairman
Secretary
City of Yakima Resolution # Date
Yakima County Resolution # Date
FP.r? "Pf ?.'u FF.'r? 12.16.1993 14:17
YAKIMA An TERMINALARO
RESOLUTION NUMBER 93.001
IN THE MATTER OF ESTABLISHING
REGULATIONS AND FEES,FOR RENTAL
CAR BUSINESSES OPERATING ON THE
YAKIMA AIR TERMINAL WITHOUT
A LEASE
F.
WHEREAS, the YAKIMA AiR TERMINAL BOARD ("Board") is empowered
by joint agreement between the City of Yakima and Yakima County, joint ordinances of
said municipalities and the statutes of the State of Washington to establish policy for the
Yakima Air Terminal; and
WHEREAS, the Board employs persons to administer and maintain such
Airport; and
WHEREAS, in order to assess commercial users of the Airport a fair and
reasonable fee; to assure equitable treatment of all categories of operators; to cover the
cost of constructing, operating, and maintaining the Airport complex; protect the public;
preserve order; provide for the public health; and govern the Airport; it is necessary to
fix charges, fees, and regulations for those persons and corporations conducting
commercial activities at the Airport and deriving economic benefits from the Airport
facilities including off -airport rental car businesses, who want the privilege of accessing
passengers and supplying services to passengers at the Airport; and
WHEREAS, in establishing and fixing these charges, fees, and regulations,
the Board finds that rental car businesses constitute a specific class of business
operations on Airport property; and
WHEREAS, the Board finds that the charges, fees, and regulations fixed
and established herein are reasonable and uniform for the same class of privilege or
service; and
WHEREAS, in establishing and fixing these charges, fees, and regulations,
the Board gives due regard to the property and improvements used and the expense of
operations to the Board; and
WHEREAS, the Board finds that the charges and fees established and
fixed herein for off -airport rental car businesses are reasonable compensation from the
users to the Board for the Lis -6 -of Airport facilities, and are needed to help defray the cost
of Airport facilities; and
Resolution 93.001
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FFO!t tiIFFOFT 12.IE.1997 14:18
WHEREAS, the Board has heretofore publicly advertised for sealed' rental
oar concession contract proposals with the Board by persons or corporations wishing to
use any of the designated rental car business areas in the Airport, requiring that
submitted concession contract proposals substantially conform to the reasonable contract
terms, conditions, fees, and bid instructions in the rental car concession contract bid
documents, which are on file at the administrative offices of the Board; and
WHEREAS, the aforementioned rental car concession contracts have
reasonable requirements, regulations, charges, and fees for the privilege of supplying
goods, commodities, and services at the Airport, based on the property and
improvements used, the expenses of the Airport operation and the cost of Airport
facilities; and
WHEREAS, a rental car business not having one of the rental car
concession contracts or leases with the Board for the privilege of having offices on the
Airport from which to conduct rental car businesses is defined as an "off -airport rental
car business"; and
WHEREAS, rent& car businesses not having said rental car concession
contracts may, nevertheless, desire the privilege of supplying services at the Airport,
such as accessing the Airport passengers and picking up and dropping off customers at
the Airport; and
WHEREAS, the Board finds that, in order to protect the public, to provide
for public safety; to preserve the good order and peace of the Board; to regulate the
entrances to property and buildings of the Board and the way of ingress and egress to
and from the same; and In order to enhance the accuracy of the levying and collecting
of fees and charges by the Board on off -airport rental car businesses; It Is necessary to
enact reasonable standards, controls, rules, regulations, and procedures for such off -
airport rental car businesses; and
WHEREAS, the Board finds that, In consideration of all the foregoing, it
is necessary to fix and establish reasonable charges, fees, rules, regulations, standards,
controls, and procedures for off -airport persons or corporations with rental car
businesses desiring access to Airport property for business purposes; and
Resolution 93,001
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12.1c.1993 14:19
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NOW, THEREFORE, BE IT RESOLVED by the Yakima Air Terminal Board:
Section 1. In order to assess commercial users of the Airport a fair and
reasonable fee to assure equitable treatment of all categories of operators; to cover the
cost of constructing, operating, and maintaining the Airport complex; protect the public;
preserve order; provide for the public health, safety, and welfare; and govern the Airport;
it is necessary to fix charges, fees, and regulations for those persons and corporations
conducting commercial activities at the Airport and deriving economic benefits from the
Airport facilities including off -airport rental car businesses, who want the privilege of
accessing passengers and supplying services to passengers picked up .at the Airport;
and
Section 2. In establishing and fixing these charges, fees, and regulations, the
Board gives due regard to the cost to acquire and provide for the maintenance and
improvements used and the expense of operation of the Airport.
Section 3. The charges and fees established and fixed herein are reasonable
compensation from the users to the Board for the use of Airport facilities and are needed
to help defray the cost of Airport facilities.
Section 4. In order to protect the public; to provide for public safety; to preserve
the good order and peace for the Board; to regulate commercial access to the Airport
facilities; and in order to enhance the accuracy of levying and collecting of fees and
charges by the Board on off -airport rental car businesses; It Is necessary to enact
reasonable standards, controls, rules, regulations, and procedures for such off -airport
rental car businesses.
Section 6. Rental car businesses constitute a specific class of business
operations on Airport property.
Section 6. An off -airport rental car business Is defined as a rental car business
not having one of the rental car concession contracts or leases with the Board for the
privilege of having offices in the terminal building of the Airport from which to conduct
rental car business.
Section 7. Reasonable regulations, controls, fees, standards, rules and
procedures in consideration of ail the aforementioned reasons, purposes, and factors for
off -airport rental car businesses are as follows:
Resolution 93,001
3 (res93001.jgk)
FFi'M { i..;:;I FCFT 12.16. 1993 14:19
A. A person, partnership, or corporation desiring access to the
Airport for the purpose of conducting rental car business
operations, either directly or indirectly, shall first obtain from
the Board an Qff$[roort Rental Car Business Permit prior to
conducting any such business on Airport property.
B. Off -Airport Rental Car Business Permits will be issued
annually for a twelve month period within thirty days after the
application has been submitted to the Board, provided the
application Is approved.
C. The Board may issue an Off -Airport Rental Car Business
Permit only upon receipt of a signed and verified application
from the rental car business owner(s) containing the following
Information, agreements, and proof:
1, The names and addresses of every person,
partnership, or corporation having an interest in the
business.
2. For corporations not traded publicly, the names and
addresses of every person having en interest In the
business.
3. Proof of comprehensive general liability and
automobile insurance In the amount of at least
$500,000 combined single limit covering ail business
operations, employees, and customers.
4. The make, model, color, Identification number, and
motor vehicle registration number of all vehicles to be
operated on Airport property.
5. Proof of financial responsibility in the form of a cash
bond or corporate surety bond in the amount of
$5,000, or other similar security acceptable to the
Board assuring the faithful performance of all
obligation under the business permit and business
permit application.
Resolution 93.001
4 (res93001.jgk)
F. ?
14:23
6. A written agreement to pay for the duration of the
permit, to the Board, a percentage fee equal to ten
percent (10%) of gross rental revenues per month, as
defined herein, payable on the 10th day of each month
for the preceding month's receipts.
7. The names and job titles of local management
personnel, as well as all business employees engaged
in the operation of vehicles to be operated on Airport
property.
A written agreement covenanting to obey and follow all
standards, rules, and regulations published by the
Board.
9. Proof of all business and motor vehicle permits
required by local, state, and federal authorities.
10. A written agreement to submit written proof to the
Board of lau gross receipts at the time payment is due,
accompanied by a statement certified by an officer of
the company attesting to the accuracy of payments
due the Board. "Gross Automobile Rental Revenue",
as used herein, shall mean only the time and mileage
charges and sums received by the Operator from it's
customers for all vehicles rented from the Airport, It
being understood that such gross receipts shall
include only receipts derived from the rental of
automobiles to passengers picked up at the Yakima
Air Terminal.
11. A written agreement to authorize the Board to audit all
business records and accounts at any time upon
demand and to make said records and accounts
available.
12. A written agreement that vehicles will stop only while
in the process of loading and unloading customers
with bonafide reservations. Upon request by an
authorized representative of the Board, the driver of a
vehicle (or company personnel that may accompany
them) shall provide said representative the name of
such pre reserved customer and other Information
Resolution 93.001
5 (res93001.jgk)
A ?FGCFT 1_.1 .19":47 14::.0
applicable to the reservation. Drivers of vehicles (or
company personnel that may accompany them) shall
be prohibited from solicitation of business in any
manner whatsoever upon the Airport. 'The operation
of vehicles will be specifically limited to the picking up
and delivery of pre -reserved customers.
13. A written agreement to park only in the parking and
plck-up area designated for off -airport rental cars,
14. The operator shall agree to indemnify, defend, and
save harmless the Yakima AIr Terminal Board, the
City and County of Yakima, and their elected and
appointed agents, officials, and employees free and
harmless from any liability arising from the Operator's
activities while on the Airport including but not limited
to the Operator's care, custody, arid control of
Operator's passengers and operation of Operator's
motor vehicle on the Airport premises.
15. A written agreement to abide by such additional
requirements as the Board shall levy from time to
time.
D. An Off -Airport Rental Car Business Permit will permit the
business to pick up customers at the terminal or other areas
of the airport in a designated van appropriately marked with
Operator's business name, or other motor vehicle, provided
that no off -airport rental car business shall operate more than
two designated motor vehicles on Airport property at the
same time.
E. An Off -Airport Rental Car Business Permit shall not permit a
business to have an office or station on Airport property, to
park rental cars on Airport property, or to operate rental cars
on Airport property; and all of these actions and activities are
expressly prohibited.
F. An Off -Airport Rental Car Business Permit may be revoked
by the Board for cause at a public meeting upon seven days
notice. "Cause" Inoludes, but is not limited to, a breach of
any of the agreements herein; a failure to perform any of the
agreements herein, including a failure to make timely
Resolution 93.001
6 (res93001.jgk)
F.11
FF0i1
12.16.199= 14:11 F.1:
payments; violation of Board rules or regulations; violation of
the laws of the Federal Government or the laws of any state
or political subdivision; and any other act or omission of the
permittee adversely affecting Airport business operations or
posing a danger to the public health, safety, or welfare.
"Cause" also Includes financial insolvency or instability, moral
turpitude and the lack of good character. In the event a
permit is revoked, all sums owed the Board shall immediately
become due and payable, and no fees or charges shall be
refundable by the Board. An Off -Airport Rental Car Business
Permit may, likewise, be denied for similar cause as It could
be revoked, In addition, an Off -Airport Rental Car Business
Permit may be denied or revoked when, in the opinion of the
Board, such action is necessary to protect the public health,
safety, or welfare, or to preserve the financial welfare of the
Board. In the event a permit is denied, the applicant shall be
given written notice of the reasons and shall have the right to
a hearing before the Board.
G. There shall be a charge of $100 payable in advance to
defray administrative costs of a permit request for each
permit. This cost Is not refundable in the event the permit
application Is rejected or in the event the permit is revoked.
Section 8. It shall be unlawful for any person, firm, or corporation to solicit
customers in any manner on Yakima Air Terminal premises for any rental car business
which has not entered into an agreement with the Yakima Air Terminal Board and
obtained a permit from the Board for the operation of a off -airport rental car business.
A. Any person, firm, or corporation violating any provision of this
Resolution shall Immediately discontinue it's rental car business
activities at the Yakima Air Terminal at the demand of the Board (or
their designee), and any rights or privileges granted to any such
person, firm, or corporation by any agreement, license, or permit
under this Resolution shall immediately terminate on such demand
being made.
Resolution 93.001
7 (res93001.jgk)
FFii,1 ::'+.iii c-.FFOFT
1:.1E.1993 14:._ F.17
B. In addition to the provisions and penalties provided in this
subsection, any person, firm, or corporation convicl:ed of violating
any provision of this Resolution shall bee deemed guilty of a
misdemeanor and shall be punished by a fine In any amount not
exceeding five hundred dollars ($500.00) or by Imprisonment In the
County Jail for a term not exceeding ninety (90) days, or by both
such fine and Imprisonment.
Section 9. This Resolution shall be In full force and effect thirty (30) days
after it's adoption by the Board and publication as provided by law.
Section 10. If any part of this Resolution Is held invalid by any court or
administrative agency, the remainder of this resolution shall continue in full force and
effect.
ADOPTED BY THE YAKIMA AIR TERMINAL BOARD on the _ — day
of i6u,_, 1993 ,and effective on the day of , 1993.
William F Almon, Chairman
Yakima Air Terminal Board
Don Heinen, Secretary
Yakima Air Terminal Board
City of Yakima Resolution # Dated
Yakima County Resolution # Dated
Resolution 93.001
8 (res93001.jgk)
FFiitt ,' I a1FFCFFT
STATE OF WASHINGTON
) ss.
COUNTY OF YAKIMA
12.16.1992 14:22 P.14
On th ....1-4- day , 199.., before me, the undersigned, a
N tary Put)lic in Aand for the S ate of Washington, personally appeared
and ,� g ..c_4) , to me known to be
the and of the Yakima
Air Terminal Board, and acknowledged the foregoing gnstrument to be the free and
voluntary act and deed of said Board for the uses and purposes therein mentioned, and
on oath each stated that he/she was authorized to execute said instrument.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my
official seal the day and year first above written.
Nota Public ir`a d for the State of
as ingtoir' residing at
Resolution 93.001
9 (res93001.jgk)
:-A
12.lr'.i 14 F.15
YAKIMA AIR TERMJNAL BOARD
RESOLUTION NUMBER 93.002
IN THE MATTER OF ESTABLISHING
REGULATIONS RELATING TO RENTAL
CAR LICENSE AGREEMENTS, LIMITING THE
NUMBER OF RENTAL CAR AGENCY
LICENSEES, SPECIFYING MINIMUM
LICENSE FEES, AND ASSESSING PENALTIES
FOR VIOLATION OF THESE REGULATIONS.
WHEREAS, the YAKIMA AIR TERMINAL BOARD ("Board") is empowered
by Joint agreement between the City of Yakima and Yakima County, joint ordinances of
said municipalities and the statutes of the State of Washington to establish policy for the
Yakima Air Terminal; and
WHEREAS, the Board employs persons to administer and maintain such
Airport; and
WHEREAS, In order to assess commercial users of the Airport a fair and
reasonable fee; to assure equitable treatment of all categories of operators; to cover the
cost of constructing, operating, and maintaining the Airport complex; protect the public;
preserve order; provide for the public health; and govern the Airport; It is necessary to
fix charges, fees, and establish rules and regulations for those persons and corporations
conducting commercial activities at the Airport and deriving economic benefits from the
Airport facilities, including airport rental car businesses, who want the privilege of
accessing passengers and supplying services to passengers at the Airport; and
WHEREAS, In establishing and fixing these charges, fees, rules and
regulations, the Board finds that rental car businesses constitute a specific class of
business operations on Airport property; and
WHEREAS, the Board finds that the charges, fees, rules and regulations
established herein are reasonable and uniform for the same class of privilege or service;
and
WHEREAS, in establishing and fixing these charges, fees, rules and
regulations, the Board gives due regard to the property and improvements used and the
expense of operations to the Board; and
Resolution 93-002
1 (res93002,jgk)
FF',Di1 i, ;',IFFOFT
12 16.1993 14:21 F.16
WHEREAS, the Board finds that, In order to protect the public, to provide
for public safety; to preserve the good order and peace of the Board; to regulate the
entrances to property and buildings of the Board and the way of ingress and egress to
and from the same; and in order to enhance the accuracy of the levying and collecting
of fees and charges by the Board on rental car businesses; it is necessary to enact
reasonable standards, controls, rules, regulations, and procedures for such rental car
businesses; and
WHEREAS, the Board finds that, in consideration of ail the foregoing, it
is necessary to fix and establish reasonable charges, fees, rules, regulations, standards,
controls, and procedures for persons or corporations with rented car businesses desiring
access to Airport property for business purposes; and
WHEREAS, the Board has heretofore publicly advertised for sealed rental
car concession contract proposals with the Board by persons or corporations wishing to
use any of the designated rental car business areas on the Airport, requiring that
submitted concession contract proposals substantially conform to the reasonable contract
terms, conditions, fees, and bid instructions In the rental car concession contract bid
documents, 'which are on file at the administrative offices of the Board; and
NOW, THEREFORE, BE iT RESOLVED by the Yakima Air Terminal Board:
Section 1. In order to assess comrnercial users of the Airport a fair and
reasonable fee to assure equitable treatment of all categories of operators; to cover the
cost of constructing, operating, and maintaining the Airport complex; protect the public;
preserve order; provide for the public health, safety, and welfare; and govern the Airport;
it is necessary to fix charges, fees, rules and regulations for those persons and
corporations conducting commercial activities at the Airport and deriving economic
benefits from the Airport facilities, including rental car businesses, who want the privilege
of accessing passengers and supplying services to passengers at the Airport; and
Section 2. In establishing and fixing these charges, fees, rules and regulations,
the Board gives due regard to the cost to acquire and provide for the maintenance and
improvements used and the expense of operation of the Airport.
Section 3. The rules and regulations and appropriate charges and fees
established and fixed herein are reasonable compensation frorn the users to the Board
for the use of Airport facilities and are needed to help defray the cost of Airport facilities.
Resolution 93-002
2 (res93002.Jgk)
FFOr1 Pi it'P Pi=FOFT
1:.1c.159 14:24 F.17
Section 4. in order to protect the public; to provide for public safety; to preserve
the good order and peace for the Board; to regulate commercial access to the Airport
facilities; and in order to enhance the accuracy of levying and collecting of fees and
charges by the Board on rental car businesses; it is necessary to enact reasonable
standards, controls, rules, regulations, and procedures for such rental car businesses.
Section 6. Rental car businesses constitute a specific class of business
operations on Airport property.
Section 6. Reasonable rules, regulations, controls, fees, standards, and
procedures in consideration of all the aforementioned reasons, purposes, and factors for
airport rental car businesses are as follows:
A. No person, firm, or corporation shall operate an rental car business
on the Yakima Air Terminal property without having first entered into
an agreement with the Board to operate such a business and
without obtaining a license or permit therefore approved by the
Board.
1. At the termination of existing rental car license
agreements, and thence at least every five (5) years
thereafter, the Board shall publicly advertise for sealed
rental car concession contract proposals with persons
or oorporations wishing to use the designated rental
car business areas on the Airport, requiring that
submitted contract proposals substantially conform to
the reasonable contract terms; conditions, fees, and
bid lnstructions in the rental car concession contract
bid documents, which are on file at the administrative
offices of the Board; and
(a). The MiNIMUM* fee for the license required by
this resolution shall be a monthly license fee
equal to ten percent (10%) of the gross revenue
derived from the licensee's automobile rental
business during the Immediately preceding
month, or the amount of $300.00, whichever is
greater. (* NOTE: This only relates to minimum
fees, actual fees to be set fourth in the sealed
rental car concession contract proposals
accepted and approved by the Board, and any
subsequent license agreement from said
proposals.)
Resolution 93-002
3 (res93002.jgk)
FF3 IMP NIFFCFT
12.16.1993 14:24 F.18
(b). "Gross revenue" used in this section means all
revenue actually collected for time and mileage
charges on automobile rentals, but does not
Include any money collected for collision
protection, damages, fuel, or sales tax,
B. The number of automobile rental car businesses to be licensed by
the Board and authorized to operate fremsffices located on rsiirport
premises shall be four (4),
9. Each Operator of an rental oar business licensed by
the Board to operate said businesses on airport
prernlses shall conduct such business from a separate
enclosed counter In the Airport Terminal Building
designated exclusively for the purpose of conducting
an rental car business, and no person, firrn, or
corporation engaged in the rental car business at the
Yakima Air Terminal shall conduct activitiies other than
a rental car business from said counter.
2. Operation of an rental car business from offioes on
airport premises at a location other than as stated
above strictly prohibited.
C. The license agreement contemplated by this resolution for the
operation of a rental car business at the Yakima Air Terminal shall
contain such terms and conditions as are approved by the Board,
and as may be amended from time to time by resolution of the
Board.
Section 7. It shall be unlawful for any person, firm, or corporation to solicit
customers in any manner on Yakima Air Terminal premises for any rental car business
which has not entered into an agreement with the Yakima Air Terminal Board and
obtained a license from the Board for the operation of a rental car business on Yakima
Air Terminal premises as provided by this Resolution,
A. Any person, firm, or corporation violating any provision of this
Resolution shall immediately discontinue it's rental car business
activities at the Yakima Air Terminal et the demand of the Board (or
their designee), and any rights or privileges granted to any such
person, firm, or corporation by any agreement, license, or permit
under this Resolution shall immediately terminate on such demand
being made.
Resolution 93-002
4 (res93002.jgk)
FF
l:.It. l _ 14c_5 F.1.
B. In addition to the provisions and penalties provided in this
subsection, any person, firm, or corporation convicted of violating
any provision of this Resolution shall bee deemed guilty of a
misdemeanor and shall be punished by a fine in any amount not
exceeding five hundred dollars ($500.00) or by imprisonment in the
County Jail for a term not exceeding ninety (90) days, or by both
such fine and imprisonment.
Section 8. This Resolution shall be in full force and effect thirty (30) days
after it's adoption by the Board and publication as provided by law.
Section 9. If any part of this Resolution is held invalid by any court or
administrative agency, the remainder of this resolution shall continue in full force and
effect.
ADOPTED BY THE YAKIMA AIR TERMINAL BOARD on the P day
of , 1 3, and effective on the day of , 1993.
William F, Almon, Chairman
Yakima Air Terminal Board
ATTEST:
Don Heinen, Secretary
Yakima Air Terminal Board
City of Yakima Resolution # Dated
Yakima County Resolution # Dated
Resolution 93-002
5 (res93002.jgk)
STATE OF WASHINGTON
COUNTY OF YAKIMA
On this day
) ss.
199a_, before me, the undersigned, a
N. ary Public Ind for th&jState of Washington, personally appeared
_ _ _ � ���a- -end _ ) , to me known to be
the . and % of the Yakima
Air Terminal Board, and acknowledged t e foregoing in urnent to be the free and
voluntary act and deed of said Board for the uses and purposes therein mentioned, and
on oath each stated that he/she was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
for the State of
siding at
Resolution 93-002
g (res93002.j9k)