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(1) A fixed base operator shall demonstrate, to the satisfaction of the City that satisfactory arrangements or agreements have been made with reputable aviation gasoline and lubricant distributors who will provide the operator with an enforceable agreement to purchase fuel and oil in such quantities as are necessary to meet the requirements set forth in this Section. Aviation fuels and oils delivered to an operator by a vendor shall be considered by the City to be fuels and oils dispensed by the operator under the purview of the minimum rental rates established as a part thereof.

(2) Fueling and lubricating sales, and into-plane delivery of aviation fuels, lubricants and other related petroleum products shall be provided by a fixed base operator six (6) days a week from seven 7:00 a.m. to seven 7:00 p.m. The operator shall provide at least one (1) brand and two (2) grades of aviation fuel, including 100 octane and Jet A. Mogas, which when provided, shall meet designated Federal Aviation Administration specifications for the type of fuel being provided and shall be supplied only to aircraft certified under the appropriate supplemental type certificate to use such fuel.

(3) A fixed base operator shall have two (2) metered filter equipped mobile dispensers for dispensing 100LL and Jet A from two (2) fixed storage tanks. Such tanks shall have a minimum capacity of ten thousand (10,000) gallons each. All new fixed storage tanks shall be located in master planned fuel farm areas in accordance with the Area Layout Plan approved by the Federal Aviation Administration.

(a) The operator shall utilize mobile dispensing trucks for delivery of fuel from fixed storage tanks. Each truck shall have a minimum capacity of seven hundred (700) gallons for 100 octane and two-thousand (2,000) gallons for Jet A.

(b) Trucks shall be properly maintained, operated and equipped in accordance with applicable City, state, and federal Aviation Administration regulations.

(c) Separate dispensing pumps for each grade of fuel shall be required.

(4) Fixed self-service fueling stations may be allowed as approved by the Provo Municipal Airport Manager so long as each such station is:

(a) located in an area that does not unduly effect normal ramp operations or alter the airport master-planned use;

(b) maintained in compliance with applicable local, state, and federal rules and regulations;

(c) operated only by an entity meeting the minimum standards required of a fixed base operator under this Title; and

(d) covered by comprehensive general premises liability, property damage, and motor vehicle liability insurance as required for Specialized Commercial Aeronautical Activities under Section 13.08.010 of this Title.

(i) The City shall be held harmless for any harm to persons or property arrising from the operation of self-service delivery station equipment.

(ii) It is the sole responsibility of the operating entity to be aware of operating rules and restrictions. Any failure to do so may result in revocation of the operators right to operate any FBO related functions at the Provo Airport.

(5) In conducting refueling operations, a fixed base operator shall install and use adequate electrical grounding facilities at fueling locations to eliminate the hazards of static electricity and shall provide approved types of fire extinguisher or other equipment commensurate with the hazards involved with fueling, defueling, and servicing aircraft.

(6) Fuel storage tanks shall be installed in a location consistent with the Airport Layout Plan in compliance with applicable local, state, and federal rules and regulations.

(a) Plans and specifications for a fuel farm (including landscaping) shall be prepared and presented to the City and shall require the written approval of the City before any construction or installation may be undertaken.

(b) The operator shall, at its sole expense, maintain its fuel farm, all improvements thereon, and all appurtenances thereto, in a presentable condition consistent with good business practice and equal to, or better than, in appearance and character, to other similar improvements on the airport. The operator shall repair all damages caused by its employees, patrons, or their operation thereon; shall maintain and repair all equipment thereon; and shall keep its premises safe, neat and in good physical condition.

(c) A spill prevention and cleanup plan shall be prepared and on file at the Airport Manager’s office and with Provo City Fire Marshal.

(d) The fuel farm operator shall be liable and indemnify the City for any leak, spill or other damage resulting from the use of a fuel tank or dispensing of fuel.

(7) Fixed base operator provided fueling services and systems shall be subject to inspection for fire and other hazards by the Airport Manager and appropriate City, state and federal fire agencies. Such facilities shall comply with applicable City, state, and Federal Aviation Administration regulations.

(8) Fuel delivered shall be clean, bright, pure and free of microscopic organisms, water or other contaminants. Fuel quality shall be controlled by the fixed base operator. The operator shall maintain current fuel reports on file and make them available for auditing at any reasonable time by the Airport Manager, City, or the Federal Aviation Administration.

(Enacted 2004-07, Am 2005-42)