San José Municipal Code § 25.08.300 Certificated air carrier agreement requirements.
25.08.300 - Certificated air carrier agreement requirements.
A. A certificated passenger air carrier shall be authorized to operate regularly scheduled flights to the airport, upon the fulfillment of the following requirements:
1. The director determines that there is available space at the terminal apron, gates, and baggage area; and
2. The certificated air carrier either enters into an agreement with the city providing for its use of space in the airport terminal facilities with the city, or arranges with another certificated air carrier who is a current tenant at the airport to share or sublease space in the airport terminal facilities; and
3. The certificated air carrier enters into an operating agreement pertaining to its use of the airfield and other common facilities of the airport containing such provisions as the city council (or the director if he or she is authorized to execute the agreement) determines to be necessary or desirable to protect the interests of the city or the general public.
B. The director shall be authorized to execute any operating agreement required by this section on behalf of the city if:
1. The total monetary value received by the city from such operating agreement does not exceed two hundred fifty thousand dollars ($250,000.00); or
2. The term of such operating agreement where the total monetary value received by the city exceeds two hundred fifty thousand dollars ($250,000.00) is for three (3) years or less, including the term of any extensions or renewals of such agreement for which either the city or the certificated air carrier has the option or right to renew under the terms of the operating agreement.
C. The director shall be authorized to execute amendments to extend the term of any operating agreement required by this section on behalf of the city if the total monetary value received by the city from such operating agreement from the original effective date through the extended term does not exceed two hundred fifty thousand dollars ($250,000.00).
D. Any operating agreement executed as provided in this section by the director shall be approved as to form by the office of the city attorney before execution by the director, and the original of the operating agreement shall be filed with the office of the city clerk.
E. The city council shall approve the execution of any operating agreement required pursuant to this section if:
1. The total monetary value received by the city exceeds two hundred fifty thousand dollars ($250,000.00); and
2. The term of such operating agreement is greater than three (3) years.
F. The city council shall also approve the execution of amendments to extend the term of any operating agreement required by this section on behalf of the city beyond three (3) years, if the total monetary value received by the city from such operating agreement from the original effective date through the extended term exceeds two hundred fifty thousand dollars ($250,000.00).
(Ords. 25529, 28017.)
