HomeMy WebLinkAbout016 - 02/16/1993 - ESTABLISHING A PASSENGER FACILITY CHARGE FOR THE FORT COLLINS LOVELAND MUNICIPAL AIRPORT ORDINANCE NO. 16 , 1993
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING A PASSENGER FACILITY CHARGE FOR
THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT
WHEREAS, the City of Fort Collins and the City of Loveland ("the Cities")
have investigated the feasibility of implementing and collecting a Passenger
Facility Charge ("PFC") on eligible passengers at the Fort Collins-Loveland
Municipal Airport ("Airport") in accordance with the Aviation Safety and Capacity
Expansion Act ("FAA") and expending such funds on FAA-approved eligible projects;
and
WHEREAS, the Cities operate, maintain and develop the Airport with federal
grants and user fees; and
WHEREAS, a PFC is not to be considered a tax, but is a user fee authorized
by federal law and imposed only on eligible enplaned passengers utilizing the
Airport; and
WHEREAS, the Cities have determined that the funds generated by adopting
and collecting a PFC are needed to accomplish projects designed to enhance
capacity, safety and development of the Airport.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
that the City of Fort Collins hereby adopts and implements the PFC under the
following criteria:
Section 1. Definitions. As used in this Ordinance, the following
definitions apply:
1 .1 "Airport" shall mean the area of the Fort Collins-Loveland
Municipal Airport.
1 .2 "Charge Effective Date" shall mean the date on which the Passenger
Facility Charge is effective as provided in Section 3.1 of this
Ordinance.
1.3 "Enplaned Passenger" means a domestic, territorial or international
revenue passenger enplaned at the Airport in a scheduled or
nonscheduled aircraft in interstate, intrastate or foreign commerce,
provided that Enplaned Passenger shall not include a passenger
enplaning to a destination receiving essential air service
compensation as provided by 14 C.F.R. 158.9 or a passenger both
enplaning and deplaning at the Airport.
1 .4 "Manager" shall mean the Airport Manager for the Airport.
1 .5 "FAA" shall mean the Federal Aviation Administration, Department of
Transportation, United States of America.
1.6 "Passenger Facility Charge" shall mean the charge imposed on
Enplaned Passengers pursuant to section 3. 1 of this Ordinance.
1 .7 "Fort Collins" or "City" shall mean the City of Fort Collins, a
home-rule municipal corporation created pursuant to Colorado state
law.
Section 2. Findings and Purpose.
2. 1 The City finds that:
2. 1 . 1 The City, together with the City of Loveland, owns and
controls that certain Airport and air navigation facility
located in Larimer County, State of Colorado, and known as the
Fort Collins-Loveland Municipal Airport ("the Airport") ; and
2. 1 .2 The Airport promotes a strong economic base for the community;
assists and encourages world trade opportunities; and is of
vital importance to the health, safety and welfare of the
State of Colorado; and
2.1.3 The Airport is a commercial service airport as that phase is
defined in 14 C.F.R. Part 158, as adopted by the FAA, being a
public airport enplaning two thousand five hundred (2,500) or
more scheduled air passengers per year; and
2.1.4 The deregulation of the airline industry, the restructuring of
airline ownerships, and fluctuating market changes in the
field of commercial aviation have placed new financial
challenges on the City; and
2. 1 .5 The operation of the Airport as a public facility attracting
scheduled airline passenger service by airline carriers at the
Airport imposes financial responsibility on the City for
Airport facilities and operations; and
2. 1 .6 The City will require substantial expenditure for capital
investment, operation, maintenance and development of the
Airport facilities to meet the future demand for passenger air
travel ; and
2.1.7 The Congress of the United States has authorized the adoption
of a Passenger Facility Charge program by local airports
pursuant to the Aviation Safety and Capacity Expansion Act of
1990 (pub. L. 101-508, Title IX, Subtitle B, November 5, 1990)
(hereinafter the "Act") ; and
2. 1 .8 It is in the City's best economic interest to adopt and in the
interest of airline passengers that the City adopt a Passenger
Facility Charge program as identified in this Ordinance to
maintain and further expand the transportation facilities of
the City; and
2.1 .9 In establishing and implementing the Passenger Facility Charge
program, the passengers using the Airport should contribute to
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a greater degree toward the development of Airport facilities
used by passengers and continued development thereof; and
2. 1 .10 The fees implemented by this Ordinance are reasonable for the
use of the airport and aviation facilities by the general
public.
2.2 The purpose of this Ordinance is to enact a Passenger Facility
Charge program consistent with the above findings, and this
Ordinance and the regulations published pursuant thereto shall be
liberally construed to effectuate the purpose expressed herein.
Section 3. Passenger Facility Charge.
3. 1 Commencing not later than the first day of the second month thirty
(30) days after the approval by the FAA of the Cities' Passenger
Facility Charge program authorized by this Ordinance, or on such
date thereafter as the Passenger Facility Charge can be collected as
determined by the Manager, thereafter shall be imposed at the
Airport a Passenger Facility Charge of Three Dollars ($3.00) .
3.2 The Passenger Facility Charge authorized by this Ordinance shall
expire on the date determined pursuant to regulations adopted by the
FAA.
3.3 The Manager or designee is authorized to execute the FAA application
for authorization of the City's Passenger Facility Charge program
including the assurances contained therein as well as all other
documents necessary for implementation and operation of the
Passenger Facility Charge program on behalf of the City.
Section 4. Eligible Projects. The Passenger Facility Charge collected
pursuant to this program shall be expended only for projects approved by
resolution of both the City Councils of Fort Collins and Loveland and determined
by the FAA to be eligible under the Act and rules and regulations adopted by the
FAA pursuant thereto.
Section 5. Compliance with FAA Requirements. The Passenger Facility
Charge authorized by this Ordinance shall be collected and distributed pursuant
to the rules and regulations adopted by the FAA pursuant to the Act.
Section 6. Violations. In the event any airline violates any term or
condition of this Resolution, the City may exercise any rights or remedies
allowed by law or equity.
Section 7. Savings Clause. In the event any phrase, clause, sentence,
paragraph or paragraphs of this Ordinance is declared invalid for any reason, the
remainder of this Ordinance shall not be invalidated but shall remain in full
force and effect, all parts of this Ordinance being declared separable and
independent of all others. In the event that a judgment is entered, and all
appeals exhausted, which judgment finds, concludes or declares this Ordinance is
unconstitutional or is otherwise invalid, the Passenger Facility Charge
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authorized by this Ordinance shall be suspended and terminated as of the date of
declaration of unconstitutionality.
Introduced, considered favorably on first reading, and ordered published
this 2nd day of February, A.D. 1993, and to be presented for final passage on the
16th day of February, A.D. 1993.
Mayor
ATTEST:
z
City Clerk
Passed and adopted on final reading this 16th day of February, A.D. 1993.
M yor
ATTEST:
City Clerk
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