§ 4-04-030. Sale of aviation petroleum products.

All persons who sell aviation petroleum products to the public pursuant to a lease agreement with the city shall meet the following minimum requirements, which requirements shall be included in the lease and/or contract agreement:

(a)

To conduct an operation adequate at all times to meet the demands for such service at the airport.

(b)

To store and sell such types of aviation fuel, lubricants and similar petroleum products as are necessary for the aviation public using the airport, and in addition thereto, maintain no less than the following minimum amounts of fuel in storage at the airport:

(1)

Commercial turbine fuel (Jet-A) one thousand five hundred (1,500) gallons in storage with a total tank capacity of at least eight thousand (8,000) gallons.

(2)

Aviation gasoline (100 octane), two thousand (2,000) gallons in storage with a minimum tank capacity of eight thousand (8,000) gallons.

(3)

All fuel tanks shall be installed and maintained in accordance with applicable city, state and federal standards and regulations.

(c)

The dispensing unit or units for each specific fuel will be equipped with filter units which are within acceptable National Fire Prevention Association and industry standards and acceptable to the federal aviation administration or its successor organization. Such a dispensing unit or units, both stationary and mobile, will be operated in accordance with published operating instructions.

(d)

No person shall park any vehicle designated for fueling within fifty (50) feet of any building except as may be necessary for refueling aircraft. Such refueling operations shall meet acceptable safety standards.

(e)

The distributor will furnish the petroleum services on a fair, equal and non-discriminatory basis to all users thereof, and charge fair, reasonable and non-discriminatory prices; provided, however, said distributor will be allowed to make reasonable and non-discriminatory discounts, rebates or other similar types of price reductions to volume.

(f)

The dispenser shall pay to the city a Fuel Flowage Fee The Fuel Flowage Fee shall be charged at an amount per gallon of all aviation fuel delivered into storage tanks at the airport or fuel brought onto the airport for servicing private or contractor operated aircraft. The amount of the fee shall be determined from time to time by resolution of the City Commission. The terms regarding payments of this charge shall be contained in the lease and/or contract agreement between the city and the dispenser. Aircraft owned and operated by the United States government, any state, any political subdivision of a state, and the City shall not be exempt from the Fuel Flowage Fee.

(g)

The dispenser will have personnel on duty from 7:00 a.m. until 6:00 p.m. Sunday through Saturday, to service the public in the dispensing of petroleum products.

(h)

All fuel dispensers will meet the standards set forth in the "Aviation Fuel Standards" of the Alamogordo-White Sands Regional Airport.

(i)

Reserved.

(j)

The airport manager is authorized at any time and with or without notice to draw, test and measure fuels available for sale to the public and to determine whether fuel quantity and quality are in compliance with the requirements set forth in this section. In the event of noncompliance, the airport manager is authorized to require the operator to cease operations until compliance is achieved and to take any other action authorized by this chapter.

(Code 1960, § 9-6-2-3; Ord. No. 459, 5-11-71; Ord. No. 580, 1-9-79; Ord. No. 611-80, § 1, 6-10-80; Ord. No. 714, § 1, 6-24-86; Ord. No. 724, § 2, 11-10-87; Ord. No. 873 § 1, 4-13-93; Ord. No. 1408, § 2, 10-25-11)