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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-