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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 2 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 3 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 4