Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAboutR92-209 Implementation and Collection of a Passenger Facility Charge • •
RESOLUTION
OF
THE BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION 92 - y
IMPLEMENTATION AND COLLECTION
OF A PASSENGER FACILITY CHARGE
WHEREAS, the County has investigated the feasibility of
implementing and collecting a Passenger Facility Charge ( "PFC ") on
eligible enplaned passengers at the Eagle County Regional Airport
( "Airport ") in accordance with the Aviation Safety and Capacity
Expansion Act of 1990 as approved by the Federal Aviation
Administration ( "FAA ") and to impose and collect a Passenger Facility _
Charge upon eligible enplaned passengers at the Eagle County Regional
Airport under terms and conditions that are consistent with said Act as
approved by the FAA and to expend such funds on FAA approved eligible
projects; and
WHEREAS, the County operates, maintains and develops the Airport
with Federal grants and user fees; and
WHEREAS, a PFC is not to be considered a tax, but is a user fee
authorized by Federal Law and imposed only on eligible enplaned
passengers utilizing the Airport; and
WHEREAS, the County has determined that the funds generated by
adopting and collecting a PFC are needed to accomplish projects
designed to enhance capacity, safety and development of the Airport;
NOW, THEREFORE, BE IT RESOLVED that the County hereby adopts and
implements the Passenger Facility Charge under the following criteria:
SECTION I. DEFINITIONS
As used in this Resolution the following definitions apply:
"Airport" shall mean the area of the Eagle County Regional
Airport.
"Charge Effective Date" shall mean the date on which the
Passenger Facility Charge is effective as provided in Section
3.1 of this Resolution.
"Enplaned Passenger" means a domestic, territorial, or
international revenue passenger enplaned at the Airport in a
scheduled or nonscheduled aircraft in interstate, intrastate, or
foreign commerce, provided that Enplaned Passengers shall not
include Wassenger enplaning to a •tination receiving
essential air service compensation as provided by 14 C.F.R.
158.9 or a passenger both enplaning or deplaning at the Airport.
"Manager shall mean the County Manager for the County of Eagle.
"FAA" shall mean the Federal Aviation Administration,
Department of Transportation, United States of America.
"Passenger Facility Charge" shall mean the charge imposed on
Enplaned Passengers pursuant to Section 3.1 of this Resolution.
"Eagle County or "County" shall mean the county created
pursuant to Colorado State law.
SECTION II. FINDINGS AND PURPOSE
The County finds as follows
The the County owns and controls that certain Airport and air
navigation facility located in Eagle County, State of Colorado, and
known as the Eagle County Regional Airport ( "Airport "); and
The Airport promotes a strong economic base for the community,
assists and encourages world trade opportunities, and is of vital
importance to the health, safety, and welfare of the State of Colorado;
and
The Airport is a commercial service airport as that phrase is
defined in 14 Code of Federal Regulations Part 158, as adopted by the
FAA, being a public airport enplaning 2,500 or more scheduled air
passengers per year; and
The deregulations of the airline industry, the restructuring of
airline ownerships, and fluctuating market changes in the field of
commercial aviation have placed new financial challenges on the County;
and
The operation of the Eagle County Regional Airport as a public
facility attracting scheduled airline passenger service by airline
carriers at Eagle County Regional Airport imposes financial
responsibility on the County for airport facilities and operations; and
The County will require substantial expenditure for capital
investment, operations, maintenance, and development of the Airport
facilities to meet the future demand for passenger air travel; and
-2-
111
The Congress of the United States has authorized adoption of a
Passenger Facility Charge program by local airports pursuant to the
Aviation Safety and Capacity Expansion Act of 1990 (pub. L. 101 -508,
Title IX Subtitle B, November 5, 1990) (hereinafter the "Act "); and
It is in the County's best economic interest to adopt and in the
interest of airline passengers that the County adopt a Passenger
Facility Charge program as identified in this Resolution to maintain
and further expand the transportation facilities of the County; and
In establishing and implementing the Passenger Facility Charge
program, the passengers using the Airport should contribute to a
greater degree toward the development of Airport facilities used by
passengers and continued development thereof; and
The fees implemented by this Resolution are reasonable for the
use of the Airport and aviation facilities by the general public; and
The purpose of this Resolution is to enact a Passenger Facility
Charge Program consistent with the above findings and this Resolution
and the regulations published pursuant thereto shall be liberally
construed to effectuate the purposes expressed.
SECTION III. PASSENGER FACILITY CHARGE
Commencing not later than the first day of the second month
thirty days after the approval by the FAA of the County's Passenger
Facility Charge program authorized by the Resolution, or on
such date thereof the Passenger Facility Charge can be collected as
determined by the Manager ( "Charge Effective Date "), thereafter shall
be imposed at the Eagle County Regional Airport a Passenger Facility
Charge of $3.00 ( "Passenger Facility Charge "); and
The Passenger Facility Charge authorized by this Resolution
shall expire on the date determined pursuant to regulations adopted by
the FAA; and
The County Manager or designee is authorized to execute the FAA
application for authorization of the Board's PFC program including the
assurances contained therein and other documents necessary for the
implementation of the PFC program on behalf of the County.
SECTION IV. ELIGIBLE PROJECTS
The Passenger Facility Charge collected pursuant to this program
shall be expended for projects approved by Resolution of this
Commission and determined by the FAA to be eligible under the Act and
rules and regulations adopted by FAA pursuant to such statute.
-3-
. III
SECTION V. COMPLIANCE WITH REQUIREMENTS
The Passenger Facility Charge authorized by this Resolution
shall be collected and distributed according to the rules and
regulations adopted by FAA pursuant to such statute.
SECTION VI. VIOLATIONS
Sanctions: In the event any airline violates any term of
condition of this Resolution, the County may exercise any rights or
remedies allowed by law or equity.
SECTION VII. EFFECTIVE DATE
The effective date of the Resolution shall be December 21, 1992.
SECTION VIII. SAVINGS CLAUSE
In the event any phrase, clause, sentence, paragraph, or
paragraphs of this Resolution is declared invalid for any reason, the
remainder of this Resolution shall not be invalidated, but shall remain
in full force and effect, all parts of this Resolution being declared
separable and independent of all others. In the even that a judgment
is entered, and all appeals exhausted, which judgment finds, concludes
or declares, this Resolution is unconstitutional or is otherwise
invalid, the Passenger Facility Charge authorized by this Resolution
shall be suspended and terminated as of the date of declaration of
unconstitutionality.
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.
f F ;� „ v v MOVED, READ, AND ADOPTED at a regular meeting of the Board of
l ait ” om�issioners, unty of Eagle, State of Colorado, held
a 4 p '"`" '!- - day of , 1992.
4 �
�� r' 4 arC COUNTY OF EAGLE, STATE OF COLORADO
.a% By and t- •.• its
e 9 0 f h
BOARD 0 COU TY COMMISSIONERS
BY: ��, , 4' �� i / B /_ �. � ! �ir AI �� /,—
er to the and of `icha L jp of •''
ounty Commissioners Chairman
BY: ��.‘„ ' .—d':L_
Georger. G.tes
Commissioner
By: 1 )
Dona • H. Welch
Commissioner
-4-
411
Commissioner 'e seconded adoption
of the foregoing Resolution. The roll having been called, the
vote was as follows:
Commissioner George A. Gates
Commissioner Richard L. Gustafson 7 9-- , 6
Commissioner Donald H. Welch
This Resolution passed by e/4/ /,`/a610-. ,s vote of the
Board of County Commissioners of the County of Eagle, State of
Colorado.
-5-