HomeMy WebLinkAboutR99-008 landing fees at airportCommissioner ) 0 A, 1 16 121 moved adoption
of the following Resolution: rl
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 99 - _
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 -et saq. 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
WHER =AS, the Airport Manager gave notice of the proposed handing fees to airlines
commonly using the Airport by letter dated December 9, 1998 telling them the fees were
proposed to go into effect January 1, 1999, inviting them to respond to the proposal; and
WHEREAS, no comments were received from the airlines;
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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, 1999, a
schedule of landing fees at the Eagle County Regional Airport for commercial air carriers
requiring airport passenger facilities as follows:
$3.15/1000 LBS of maximum certificated landing weight per landing.
Boeing 737 -300 114,000 Ibs
Boeing 757 198,000 Ibs $623.70
$3.7811000 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
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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.
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MOVED, READ AND ADOPTED
unty of Eagle, State of Colorado, at it s
1999.
County Commissioners
by the Board of County Commissioners of the
regular meeting held the M , day of
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
r
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es E. JPh son, airman
oard of County Com issioners
7�1
George ,Gates,
Commissioner
n / -�- A . w
Johnnette Phillips,
Commissioner
Commissioner La seconded adoption of the foregoing resolution.
The roll having been called, the vote was as follows:
Commissioner Johnnette Phillips
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.
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