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04-B Increasing T-Hangar Rental CITY OF PARIS, TEXAS CITY COUNCIL AGENDA REQUEST MEETING DATE: I April 23, 2007 . Action 0 Discussion o Information o Refer to: SUBMITTED BY: Lisa A. Wright, Director of Community Development DESCRIPTION: Consideration of and action on amending Section 6-24 of the Code of Ordinances of the City of Paris to increase the monthly T-hangar rental rates by 7.5% across the board. BACKGROUND INFORMATION: In 2001, the City of Paris completed construction of new nested T-hangars at Cox Field Airport. On October 4,2001, prior to leasing the spaces, the City adopted new rental rates for T-hangars; however, since that time, no new hangars have been constructed and no rental increases have been adopted. In order to maintain eligibility for future grant funding, the City must, from time to time, take steps to demonstrate to TxDOT that its rental rates are such that Cox Field Airport is attempting, as nearly as possible, to fund its own operations. I conducted a survey of similarly situated airports in Texas to determine if the rates charged at Cox Field Airport were in line and presented the information to the Airport Advisory Board. Based on that information, they recommended a 7.5% increase in T-hangar rental rates. Thereafter, I conferred with TxDOT to ensure this increase would be satisfactory to them, and I was advised that it would. FISCAL AUTHORITY: BUDGETED: N/A Account #: GRANT: Account #: BOND I C 0 Account #: Other: See attached for recommended funding LEGAL REVIEW: MANAGER'S RECOMMENDATION: ,. ._, '~"r .,..... ..., .....'.. (2) The self-fueler must provide insurance as follows: a. Public liability insurance. The lessee shall maintain in force throughout the terms of this lease and anyex- tension thereof public liability insur- ance for personal injury or death ad property damage in the minimum sum of one million dollars ($1,000,000.00) arising out of any one (1) accident or other cause, with the City shown -to be an additional insured thereon. b. Third party excess liability insur- ance. The lessee shall require of the petroleum product supplier a policy of third party excess liability insur- ance in the minimum amount offive million dollars ($5,000,000.00), with the City shown to be an additional insured thereon. (3) The self-fueler must comply with the fire code ofthe City, including but not limited to chapter:XX and chapter XLI. (4) The self-fueler must locate his fueling facilities in an area leased from the City and must satisfy and comply with the airport zoning requirements and the air- port zoning map. (Code 1970, ~ 6-27; Ord. No. 86-025, ~ 1, 7-14-86; Ord. No. 86-09, ~ 1, 12-8-86) Sec. 6-33. Penalty. (a) Any person performing any of the functions for which a permit is required under this chapter without having a valid permit for the same shall be guilty of a misdemeanor and upon conviction shall be subject to punishment as provided in section 1-6 of this Code. (b) Any person violating any provisions of this chapter dealing with fire safety or zoning shall be guilty of a misdemeanor and upon conviction shall be fined any sum not to exceed two thousand dollars ($2,000.00). (Code 1970, ~ 6-28; Ord. No. 86-025, ~ 2, 7-14-86; Ord. No. 87-044, ~ 2, 8-19-87) Supp. No. 40 AVIATION ~ 6-34 \C-4-01 Sec. 6-34. T-Hangar rental fees. (a) Fees. Monthly rental fees for City-owned T-hangars identified below shall be as follows: Hangar Open A B C D E Square 1,000 972 1,000 1,008 1,134 1,267 footage: Height of N/A 13'6" 10' 12' 12' 14' opening Wt,c!.tJl of N/A 42' 40' 42' 42' 44' opening Type of N/A Slid- Bi- Slid- Slid- Slid- door ing fold ing ing ing Rental ~ $~ $l$:f)0 $J.25:Oo U46:DO $~ rate (,0. IO~, 135. /36. /151. /111.. (b) Rental term. The term for rental of all such hangars shall be on a month-to-month basis. (c) Payment. Payment for all rentals is due and must be received by the City by or before the first day of each month. Failure to make such payment on a timely basis shall constitute default and subject the tenant to removal or any other remedies as the City shall have under the law. (d) Termination. Failure to timely make pay- ment of the monthly rentals due as specified herein shall constitute due cause for the City to terminate the tenant's month-to-month use of the hangar. Likewise, any other use or misuse of the hangar in accordance with rules and regulations adopted by the City shall likewise constitute justification for termination. If the city manager, or his lawful designed, shall determine that a tenant has failed to make timely payment of the rentals due, or has failed to abide by rules and regulations established by the City for the use of said hangars, the city manager may, by written notice personally delivered by certified mail, re- turn receipt requested, provide notice of intent to terminate the rental arrangement with the cur- rent tenant. Such termination notice shall be effective thirty (30) days from receipt thereof by the tenant, or at such later time as shall be specified in the notice. Upon receipt of such no- tice, the tenant shall immediately vacate the premises. Failure to timely vacate the premises upon receipt of notice of termination shall consti- tute a breach of the month-to-month arrangement for use of the premises, and the City may seek any and all remedies available to it under the law, 433 . ~ DRAFT fattorneylordworklcurrent\Amend Sec 6-34 Increasing T-Hangar Rates Ord April 17, 2007 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY REVISING SECTION 6-24 (a) OF SAID CODE; PROVIDING FOR A 7.5% INCREASE IN T-HANGAR RENTAL FEES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the rental rates for the T -Hangars at Cox Field have not changed since they were constructed in October, 2001; and, WHEREAS, in order to maintain eligibility for future grant funding from the State of Texas, the City must demonstrate to TxDOT that its rental rates are such that the airport is attempting to fund its own operations; and, WHEREAS, based on a survey of rates charged by other similarly situated airports in Texas, the Cox Airport Advisory Board recommends a 7.5% increase in T -Hangar rental rates. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That having considered the information presented herein, the City Council of the City of Paris finds and determines that the T -Hangar rental rates at Cox Field Airport should be increased seven and one-half percent (7.5%). Section 3. That Section 6-34 (a) of the Code of Ordinances ofthe City of Paris, Texas, be, and the same is hereby, amended so that such shall read as follows: "Sec. 6-34. T -Hangar rental fees. (a) Fees. Monthly rental fees for City-owned T-hangars identified below shall be as follows: - r -"-,._,........,...._,..~ Hangar Open A B C D E Square 1,000 972 1,000 1,008 1,134 1,267 footage: Height of N/A 13'6" 10' 12' 12' 14' opemng Width of N/A 42' 40' 42' 42' 44' opemng Type of N/A Sliding Bifold Sliding Sliding Sliding door Rental $60.00 $108.00 $135.00 $135.00 $151.00 $162.00 rate" Section 4. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 5. This ordinance shall become effective upon its passage, and the new T- Hangar rental rates shall begin June 1, 2007. PASSED AND ADOPTED this 23rd day of April, 2007. Richard Manning, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney r. '0