HomeMy WebLinkAboutR14-004 Landing Fees for the Eagle County Regional Airport Commissioner ^ moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2014 - Op
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 seq. 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 owners of aircraft used
for general aviation requiring passenger facilities at the Airport in order to offset the costs of
operation of the Airport; and
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 May 1, 2014, a schedule of
landing fees at the Eagle County Regional Airport for general aviation aircraft requiring airport
passenger facilities as follows:
GENERAL AVIATION AIRCRAFT:
$2.99/1,000 pounds of maximum certificated landing weight per landing.
THAT, the landing fees established hereby shall be due and payable immediately following
landing,except that credit may be established to permit payment of landing fees on a monthly basis.
The Aviation Director, or his duly qualified designee whose duties include collection of such fees,
shall review and approve in writing all requests for credit.
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 Aviation
Director, or his duly qualified designee whose duties shall include collection of such fees, 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
such aircraft.
THAT, said notice shall be verified by the Aviation Director, 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, the fee assessed by the Aviation Director shall be prima facie proof of the amount
due.
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 fees,penalties,and interests in
the 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.
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THAT,the procedures for collecting due and unpaid fees provided herein are not exclusive,
and the Aviation Director may utilize any procedures and seek any remedies allowed by local,state
or federal law.
THAT, the Aviation Director 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.
[SIGNATURE PAGE TO FOLLOW]
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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 Z t day of j14-.k.t -c ,
2014.
COUNTY OF EAGLE, STATE OF
e. 6- COLORADO, By and Through Its
3' t ,. BOARD OF COUNTY COMMISSIONERS
AT:tKer4. 4 =
..• 'r. ;.• . By: �rnn /Lc.•--
Clerk to the Boar. of ' ORAL Sara J. Fishe
County Commissioners Chairnv AO
Jrlli ' Ry.'i ;iot1jj,re 1
Kathy C Q i ler-Henry
Commissioner
h �r -
Commissioner Ot2W- - seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Fisher
Commissioner Ryan 14-t
Commissioner Chandler-Henry 1/4"1^
This resolution passed by 3 b vote of the Board of County Commissioners of
the County of Eagle, State of Colorado
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