§ 13-2-7. Landing area, servicing and other privilege fees.

There are hereby levied and imposed upon the owner and operator of all aircraft and all persons performing services or furnishing goods, wares or merchandise in connection therewith the following fees and charges for the use of the landing area and the privilege of performing such services or furnishing such goods, wares and merchandise, and such fees and charges shall accrue and be due and payable to and for the use and benefit of the City at the time and in the manner hereinafter provided:

(A)

Landing fees. The fee established by contract between the carrier and the City; provided, however, that such fee be not less than $0.08 per 1,000 pounds of gross landing weight for each scheduled flight.

(B)

Motor carrier fees. The fee established by contract between the carrier and the City; provided that such fee be not less than $0.08 per passenger to and from the airport.

(C)

Interest on accrued and unpaid fees. The amount of fees accrued and not paid on or before the same become due and payable shall bear interest from the due date until paid at the rate of ten percent per annum.

(D)

Time of payment. All fees shall be payable in advance, except that:

1.

All fees based upon the gross value or volume of sales or gross revenue, directly or in the alternative, shall be payable on or before the tenth day of the month next succeeding the month to which the fees are applicable; and

2.

All landing fees for nonscheduled air carriers that are based upon the gross weight of the aircraft shall be payable on the day the landing occurs.

(E)

Place of payment. All fees shall be paid to the City at the office of the airport manager.

(F)

Lien to secure payment. The right to use any airport or to exercise any privilege in connection therewith, where the use or privilege is subject to any fee or charge provided by provisions of this Code, is reserved to the City and withheld from every person unless and until the payment of such fees or charges to accrue and be incurred have been secured by express agreement with the City, and every person who shall use any airport or exercise any privilege in connection therewith without first having expressly provided by agreement with the City for security for such fees and charges shall, by the act of using the airport or exercising any privilege in connection therewith, grant, and give and consent to, a lien in favor of the City in the amount of the fees and charges to be incurred by him, then or thereafter, for such use or privilege, upon all property which he shall at any time use, or have in his possession or under his control, at the airport, in the same manner and to the same extent as if such lien were expressly agreed to and contracted for, and any such lien shall be foreclosed as provided by Vernon's Ann. Civ. St., Texas Rules of Civil Procedure, Rule 309.

(G)

Military and other aircraft owned and operated by the government of the United States or the State of Texas. Fees for use of the landing area by, and provisions for performing any services or furnishing any goods, wares or merchandise in connection with, any military, naval or other aircraft owned and operated by the government of the United States or the State of Texas, or any agency or department of either of said governments, shall be determined and provided for by agreement between the City and the agency or department of said governments, and no person shall charge any fees in connection therewith or perform any services or furnish any goods, wares or merchandise to such aircraft unless and until permission therefor has been granted by ordinance or resolution of the Council.

(H)

All other aircraft. Except as herein otherwise specifically provided, the owners and operators of aircraft may use the landing area, tiedown facilities, ramps and roadways of any airport in common with others without charge; provided, however, that such use conforms in all respects to the field rules, air traffic patterns, ground rules and other rules, orders and provisions of this Code promulgated by the airport manager and the Council relating to aircraft, air services and aviation and to the civil air regulations and air traffic rules of the Civil Aeronautics Administration or other proper agency of the government of the United States and the State of Texas.

(I)

All aircraft service operators and gasoline service operators are required to enter into written contract with the City before they shall engage in any activities at the airports of the City.

(Ord. of 4-2-1947; Ord. of 3-23-1948)