HomeMy WebLinkAboutR82-015 Contingency Plan Scheduled Flight HoursRESOLUTION
OF THE
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION No. 82 -/�
A RESOLUTION AMENDING AND READOPTING SPECIAL USE PERMIT
No. ZS- 42 -77, AS AMENDED BY RESOLUTION DATED AUGUST 7,
1979, ENTITLED "CONTINGENCY PLAN ", RESOLUTION No. 80 -41,
RESOLUTION No. 80 -63, RESOLUTION No. 80 -64, AND RESOLUTION
No. 82 -1, RESPECTIVELY - SCHEDULED FLIGHT HOURS
WHEREAS, the Board of County Commissioners, County
of Eagle, Colorado, hereinafter referred to as the "Board ",
did on January 3, 1978, approve the application of Rocky
Mountain Airways, Inc., hereinafter referred to as "RMA ",
for a Special Use Permit in File No. ZS -42 -77 to operate
an airport, hereinafter referred to as the "Avon STOLport ";
and
WHEREAS, the approval of the Board relative to said
Special Use Permit was based upon the imposition of certain
conditions prior to the commencement of the Special Use Permit
and of which were to remain in full force and effect so long
as operations were conducted under the Special Use Permit or
until such time as circumstances warranted an amendment or
change thereto; said conditions being set forth under the
heading "Conclusion" of the Findings and Order of the Board
dated January 3, 1978, which document constitutes the Special
Use Permit and is hereby incorporated herein by this reference
as fully as if the same was set forth at length herein; and
WHEREAS, Condition No. 10 of the Special Use Permit
prohibited flights after 10:00 P.M. and before 7:00 A.M.;
and
WHEREAS, the Board on December 30, 1981, did hold a
public meeting to consider a request by RMA to amend the
conditions of the Special Use Permit to allow a relaxation
of the hours of operation to the scheduled hours of 6:00 A.M.
to 11:00 P.M.; and
WHEREAS, the Board adopted Resolution 82 -1 on the
11th day of January 1982, amending the Special Use Permit
granted RMA for the purpose of operating the Avon STOLport
by modifying Condition No. 10 of the Special Use Permit to
allow scheduled flights to and from the Avon STOLport after
10:00 P.M. but no later than 11:00 P.M., and before 7:00 A.M.
but not earlier than 6 :30 A.M. when in fact the Board had
intended and had in fact, as evidenced by its written report
of proceedings of December 30, 1981, intended to allow flights
before 7:00 A.M. but no earlier than 6:00 A.M.;
WHEREAS, by reason of the aforesaid inadvertent
clerical error, the Board desires to amend Resolution No.
82 -1 to reflect the correction of the same from 6 :30 A.M.
to 6:00 A.M.
NOW, THEREFORE, be it resolved by the Board of
County Commissioners of the County of Eagle, Colorado:
THAT, the Special Use Permit granted to RMA in
File No, ZS- 42 -77, for the purpose of operating an airport,
Avon STOLport, as amended by Resolution dated August 7,
1979, entitled "Contingency Plan ", Resolution No, 80 -41,
Resolution No. 80 -63, Resolution No. 80 -64, and Resolution
No. 82 -1 is hereby amended by modification of Condition No. 10
of the Special Use Permit to allow scheduled flights to and
from the Avon STOLport after 10:00 P.M., but not later than
11:00 P.M., and before 7:00 A.M., but no earlier than 6:00 A.M.
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In addition to the foregoing, in the event a scheduled
flight is delayed, RMA shall be allowed a thirty (30)
minute grace period, or no later than 11:30 P.M., to
complete such scheduled flights.
THAT, the foregoing amendment shall only be
applicable to the DHC -7 aircraft, and no other type of
aircraft authorized to use the Avon STOLport shall be
allowed to take -off or land at said airport after 10:00
P.M. and before 7:00 A.M.
THAT, the Board shall hold another public hearing
on or before May 1, 1982, to review the foregoing amendment
in conjunction with the actions, if any, which have been
subsequently taken by the Federal Aviation Administration
and, based thereon, to determine whether said amendment
should remain in effect.
THAT, the entirety of Special Use Permit No.
ZS -42 -77 as amended by Resolution dated August 7, 1979,
entitled "Contingency Plan ", Resolution No. 80 -41,
Resolution No. 80 -63, Resolution No. 80 -64, and Resolution
No. 82 -1, respectively, and as herein amended is hereby
readopted.
THAT, this amendment and readoption of Special Use
Permit No. ZS -42 -77 shall not constitute or be construed as
a waiver of any violations existing at the time of adoption
of this Resolution.
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 parts so declared to be invalid.
For this purpose, this Resolution is declared to be severable.
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THAT, this Resolution is necessary for the health,
welfare and safety of the citizens of Eagle County.
MOVED, READ AND UNANIMOUSLY ADOPTED by the Board
of County Commissioners, County of Eagle, Colorado, at its
regular meeting held the 3 day of March, 1982, nunc
pro tunc December 30, 1981.
ATTEST:
1
.
B Y
� s-
Clerk of the ard o
ounty Commissioners
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COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
BOARD OF COUNTY COMMISSIONERS
By: )�- ��
Dale F. Grant, Chairman
Dan Williams, Commissioner
' �c t 4 - - -I- -� "'x �-'
Keith Troxe Commissioner