HomeMy WebLinkAboutR01-029 landing fees at airport - fees from commercial aviation0
Commissioner moved adoption
of the following Resol tion:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 01- Qa q
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 -101 et sec. C.R.S; and
WHEREAS, pursuant to Section 41 -4 -106, 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 lease 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 facilities and the use of other
property and means of transportation within or over the Airport landing field and navigation
facilities to perform any duties necessary or consistent for the regulation of air traffic; to
enter 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 on Monday, December 11, 2000 and relayed that the fees
were proposed to go into effect January 1, 2001, inviting them to respond to the proposal;
and
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WHEREAS, no comments were received from the airlines;
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 January 1, 2001, 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
$3.22/1000 LBS of maximum certificated landing weight per landing.
NON - SCHEDULED AND CHARTER COMMERCIAL AIR CARRIER
$3.86/1000 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.
THAT, interest shall be assessed beginning ten days after the landing fee is due and
payable and computed at the rate established pursuant to Section 39 -21- 110.5, C.R.S.
THAT, if any fees imposed hereby shall remain unpaid for fifteen (15) days, the
Airport Manager shall issue a notice, setting forth the description of the aircraft(s), the
date(s) and approximate time(s) of the landing(s), the amount of landing fees due and
payable, and stating that the County of Eagle, State of Colorado, claims a first and prior lien
therefor on the personal property of the Owner of the aircraft.
THAT, said notice shall be verified by the Airport Manager or his duly qualified
designee whose duties shall include the collection of such fees, and may be filed in the
office where liens on aircraft are regularly filed, and the filing of such notice shall create
such lien on such property and constitute notice thereof. After said notice has been filed,
or concurrently 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
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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 fee assessed by the Airport Manager shall be prima facie proof of the
amount due.
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 fees,
penalties, and interests in such county or district court of Eagle County.
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.
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„
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the ojtOZ�(— day of
2000.
ATTEST:
Clerk to the Board of
County Commissioners
Commissioner L �ga � seconded adoption of the foregoing resolution.
The roll having been called9the vote was as follows:
Commissioner Johnnette Phillips
Commissioner George A. Gates �p
Commissioner James E. Johnson, Jr.
This Resolution passed by Z"� - vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
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