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HomeMy WebLinkAboutR97-151 landing fees at airporty
commissioner moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 97 -j/V/
IN RE THE MATTER OF LANDING FEES FOR THE
EAGLE COUNTY REGIONAL AIRPORT
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 41 -4 -102 gt seq. C.R.S; and
WHEREAS, pursuant to Section 41 -4 -103, C.R.S., and in
connection with the operation and maintenance of such Airport, the
Board has the power and jurisdiction to regulate the receipt,
deposit and removal and embarkation of passengers or property to or
from the Airport; to exact and require charges, fees, and tolls,
together with a lien to enforce-their payment; to release or assign
for operation such space or area, appurtenances, appliances, or
other conveniences necessary or useful in connection therewith; to
provide rules and regulations governing the use of the Airport and
the use of other property and means of transportation within or
over the Airport; to perform any duties necessary or consistent for
the regulation of air traffic; 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 desires to establish fees to be collected
from persons landing aircraft used for commercial aviation at the
Airport in order to offset the costs of operation of the Airport;
and
WHEREAS, the Airport Manager gave notice of the proposed
landing fees to airlines commonly using the Airport and inviting
them to a meeting to discuss the proposal; and
WHEREAS, the Airport Manager met with the airlines regarding
the proposal on November 6, 1997; and
G:VLR\R\LANDING2,FEE 1 File 1 -A -7
Airport in order to offset the costs of operation of the Airport;
and
WHEREAS, the Airport Manager gave notice of the proposed
landing fees to airlines commonly using the Airport and inviting
them to a meeting to discuss the proposal; and
WHEREAS, the Airport Manager met with the airlines regarding
the proposal on November 6, 1997; and
WHEREAS, the Airport Manager has reported the airlines,
comments to the Board, which the Board has considered.
NOW, THEN, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the Board hereby establishes, effective beginning on
December 1, 1997, a schedule of landing fees at the Eagle County
Regional Airport for commercial air carriers requiring airport
passenger facilities as follows:
SCHEDULED COMMERCIAL AIR CARRIER:
$3.13/1000 LBS of maximum certificated landing weight per
landing.
For example:
Boeing 737 -300' 114,000 lbs $356.82
Boeing 757 198,000 lbs $619.74
NON - SCHEDULED AND CHARTER COMMERCIAL AIR CARRIER:
$3.76/1000 LBS of maximum certificated landing weight per
landing.
THAT, the landing fees shall be due and payable immediately
following the completion of the landing procedure and securing of
the aircraft in the designated parking area, provided that credit
may be established to permit payment on a monthly basis.
THAT, the landing fees established hereby shall be a first and
prior lien upon the aircraft for which the fees are being assessed.
G: NLR\R\LANDING2.FEE 2 File I -A -7
therewith, or at any time when fees are unpaid whether such notice
is filed or not, the 'Board may issue a warrant directed to the
Sheriff of Eagle County, commanding him to levy upon, seize, and
sell the aircraft(s) found within the County for the payment of the
amount due, together with interest, penalties, and costs, as may be
provided by law, and subject to valid pre- existing claims or liens.
THAT, said Sheriff shall forthwith levy upon the aircraft, and
said property so levied upon shall be sold in all respect with like
effect and in the same manner as is prescribed by law in respect to
executions against property upon judgment of a court of record.
The Sheriff shall be entitled to such fees in executing such
warrant as are allowed by law for similar services.
THAT, any lien for delinquent fees as shown on the records of
the office responsible for recording liens upon aircraft as
provided in this section, shall be released by the Board upon
payment of all fees, interest, and costs covered thereby.
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.
THAT, the procedures for collecting due and unpaid fees
provided herein are not exclusive, and the Airport Manager may
utilize any procedures and seek any remedies allowed by local,
state or federal law.
THAT, the Airport Manager shall be and hereby is authorized to
establish such reasonable procedures as in his discretion he deems
necessary for the collection of landing fees described herein,
including but not limited to registration of information regarding
aircraft landing at the Airport.
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.
G:WLR\R\LANDING2.FEE 3 File 1 -A -7
3
MOVED, READ AND ADOPTED by the Board of County Commissioners
of the County of Eagle, State of Colorado, at its regular meeting
held the day of �(� 0$ . , 1997.
ATTEST: of arcc�c
r By:
Clerk to he Board
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
�,�
George Gate's ,
Commiss fo7ner
6 T_
m Jo Jr.,
C ioner
Commissioner seconded adoption of the
foregoing resolution. The roll having been called, the vote was as
follows:
Commissioner Johnnette Phillips (gyp
Commissioner George A. Gates —_ '
Commissioner James E. Johnson, Jr.
This Resolution passed by � —() vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
G1NLR\R\I.4NDING2.FEE 4 Pile 1 -A -7