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San Marcos Regional Airport <br />Leasing Policy & Approved Rate Structure <br />July 2021 <br />PURPOSE OF UPDATED POLICY <br />Rates and lease language requirements for aeronautical property and facilities are highly regulated by <br />the Federal Aviation Administration and TxDOT Aviation Division (see below). <br />Hangar space in the entire Central Texas region is lacking and the waiting period for available hangars <br />takes years. To keep rates consistent with demand, Airport Management must be able to quickly adjust <br />with the market. Rates associated with long-term ground leases would continue to require Council <br />approval for the lease, rate, and overall development and investment at the Airport. <br />Each type of hangar requires a different lease format with language specific to that hangar and its use. <br />Every current lease has been drafted with the assistance of the City's legal department and their <br />approval would continue under this new policy. However, the City's legal department and Airport <br />Management request the ability to update these leases over time. Real world experience dictates the <br />need for clarified language and leases need to be updated with new federally required language from <br />time -to -time. <br />FEDERAL REGULATIONS RELATED TO LEASING & RATES POLICIES <br />1. Federal Aviation Administration (FAA) <br />a. Airport Compliance Manual —Order 5190.66 <br />I. Chapter 9 — Uniust Discrimination between Aeronautical Users <br />ii. Chapter 10— Reasonable Commercial Minimum Standards <br />iii. Chapter 18—Airport Rates and Charges <br />b. Policy Regarding the Establishment of Airport Rates and Charges <br />c. Airport Sponsor Grant Assurances <br />I. Grant Assurance 22 —Economic Nondiscrimination <br />ii. Grant Assurance 23 — Exclusive Rights <br />iii. Grant Assurance 24 — Fee and Rental Structure <br />iv. Grant Assurance 25 —Airport Revenues <br />2. United States Code <br />a. Anti -Head Tax Act — 49 U.S.C. § 40116(e)(2) <br />b. Airport and Airway Improvement Act of 1982 as amended —49 U.S.C. 47107(a)(1)(2)(13) <br />State of Texas Transportation Code <br />a. Chapter 22— County and Municipal Airports <br />