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HomeMy WebLinkAboutR92-189 Surcharge on Fuel Sold Eagle County Airport 411 Commissioner /AApi adoption of the following Resolution: RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION 92- / 5 / WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board "), has established, operates, owns, controls, and regulates the Eagle County Regional Airport (hereinafter the "Airport ") pursuant to its authority under Section 30 -11 -107, et seq., C.R.S.; and WHEREAS, pursuant to Section 30 -11 -107, et seq., and in connection with the safe and efficient operation of said Airport, the Board has the power and jurisdiction to levy and require charges, fees, and tolls, together with a lien to enforce their payment; to lease or assign for operation such space or area, appurtenances, appliances, or other conveniences necessary or useful in connection therewith; to perform any duties necessary or consistent for the regulation of air traffic and its safety; to enter into contracts or otherwise cooperate with the Federal government or other public or private agencies; and to exercise such powers as may be required or consistent in the promotion of aeronautics and the furtherance of commerce and navigation by air; and WHEREAS, the Board has contracted with Midwest Air Traffic Control, Inc. to locate and operate a Mobile Air Traffic Control Tower at the Eagle County Regional Airport for the safe and efficient operation of aircraft; and WHEREAS, the Board desires to establish fees to be collected on fuel purchased at the Airport to offset a portion of the costs of the operation of a Mobile Air Traffic Control Tower. • • NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board hereby establishes a surcharge of $.03 per gallon on all fuel sold or dispersed at the Eagle County Regional Airport. Commercial aircraft operating under FAR 121 shall be exempt from this surcharge. THAT, said fee shall be collected by the Vail- Beaver Creek Jet Center (hereinafter the VBCJC) and payable to the County under the terms provided in Article Ten, Section D of the Fixed Base Operator Lease between the VBCJC and Eagle County; THAT, such fee shall be assessed, collected, and due from December 1, 1992 through April 30, 1993. THAT, the Board may also treat any such fees, costs, and interest due and unpaid as a debt due the County. In case of failure to pay the fee or any portion thereof, or any cost or interest thereon when due, the Board may receive at law the amount of such taxes, penalties, and interest in such County or district court of Eagle County. The fee assessed by the Airport Manager shall be prima facie proof of the amount due. THAT, such actions may be actions in attachment, and writs of attachment may be issued to the Sheriff, and in any such proceeding, no bond shall be required of the County; and -2- . 410 THAT, should any section, clause, provision, sentence, or word of this Resolution be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Resolution as a whole, or any parts thereof, other than the part so declared to be invalid. THAT, the provisions of this Resolution are necessary for the health, safety and welfare of the citizens and residents of the County of Eagle, State of Colorado. MOVED, READ, AND ADOPTED at a regular meeting of the Board of Coun y„Commissioners, unty of Eagle, State of Colorado, held this �� ... day of .e 4. , 1992. COUNTY OF EAGLE, STATE OF COLORADO gq0,FigateL4 ° By and t •ugh its BOARD • CO TY COMMISSIONERS By: Ile - - , ,f 1 B,: ' / ii e , Clerk to t' e(oard of -_ chard L. tus -lfson County cammissioners Chairman Air 4AAIZ -44 (1 1 1° ^A, ri -1. ,4 By ;` George A. Gates 'a% Commissioner 4 By: � \ �` i Dona : H. Welch '""\ Commissioner Commissioner seconded adoption of the foregoing Resolu ion. e roll having been called, the vote was as follows: Commissioner George A. GatesS -e Commissioner Richard L. Gustafson, Commissioner Donald H. Welch dye, This Resolution passed by o7 -t vote of the Board of County Commissioners of the County of Eagle, State of Colorado. -3-