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R89-121 landing fees at airportCommissioner ���ti moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 89 -LL 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 its authority under Section 41 -4 -102, et seq., C.R.S.; and WHEREAS, pursuant 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 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 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 certain aircraft used for commercial aviation at the Airport in order to offset a portion of the costs of operation of the Airport. Aircraft used for general aviation are assessed tax on fuel and ramp fees. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board hereby establishes a schedule of landing fees at the Eagle County Regional Airport for commercial air carriers requiring airport passenger facilities as follows: i SCHEDULED COMMERCIAL AIR CARRIER: For example: $0.65 /1000LBS of maximum landing weight per landing. Boeing 737 -300 Boeing 757 114,000 lbs 198,000 lbs NON- SCHEDULED OR CHARTER COMMERCIAL AIR CARRIER: $74.10 $128.70 $0.95 /1000LBS of maximum landing weight per landing. THAT, the landing fees for scheduled commercial air carriers shall be due and payable on a biweekly basis. THAT, the landing fees for non - scheduled or charter commercial air carriers shall be due and payable immediately following the completion of the landing procedure and securing of the aircraft in the designated parking area, unless otherwise established by written agreement with the Board. 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 Section 39- 21- 110.5, C.R.S. THAT, if any fees imposed hereby shall remain unpaid for fifteen 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. -2- THAT, said Sheriff shall forthwith levy upon the aircraft, and said property so levied upon shall be sold in all respects 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; and THAT, the Airport Manger 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. -3- MOVED, READ AND ADOPTED by of the County of Eagle, State of held the IT day of 14, 1989. the Board of County Commissioners Colorado, at its regular meeting December, 1989, nunc pro tunc COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD UNTY COMMISSIONERS Rldhard L. Gus afson hairma By: Clerk to the Board of County Commissioners George QA. Gates, Commissioner Don H. Ash, dommissioner Commissioner 3 seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Donald H. Welch Commissioner George A. Gates 4 w Commissioner Richard L. Gustafson This Resolution passed by ((IdAIy./&2 415 vote of the Board of County Commissioners of the County of Eagle, State of Colorado.