HomeMy WebLinkAboutbocc.res.001.2001 A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,
SETTING INITIAL AIRPORT FEES AND CHARGES FOR 2001
Resolution#001-2001
RECITALS
1. Pitkin County("County') owns, operates and sponsors the Aspen/Pitkin County Airport ("Airport").
2. The County has authority to set, charge, collect and enforce rents, fees and charges for the occupancy
and use of the Airport, pursuant to, inter alia, Sections 41-4-101 et seq., 30-11-107, 30-15-401 and 30-35-201 and
202, 1973 C.R.S., as amended, the Pitkin County Home Rule Charter, as amended, and the Pitkin County Code,
Title IV, Airport Regulations, as amended.
3. The Airport financial and rate-setting policies are set out in Resolution#87-56A
4. Historically, the County entered into long-term contracts with airlines and set fees on a"residual"basis
under which airline fees were subsidized from other airport revenues.
5. The County now contracts with airlines on a year-to-year basis and sets fees on a "compensatory"basis
under which airlines and general aviation pay the full cost of their use of airport facilities.
6. The Airline-related Policies, Procedures and Standards provides that in December of each year, the
County will adopt its budget after affording the opportunity for airline input, and will set airline rates and charges
effective January 1 of the following year.
7. The airlines and general aviation have been given the opportunity to comment on the proposed rent and
landing fees for 2001 and the Airport's budget and updated capital improvement plan. The 2001 budget and
capital improvement plan for the Airport was reviewed in public session, first reading was held thereon on
December 6, 2000, and a public hearing was held thereon on December 20, 2000.
8. The County has compared its proposed airport fees and charges to those of other comparable airports
and determined that its proposed fees and charges are not excessive.
NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Pitkin County,
Colorado that:
1. The County's Airline-related Policies, Procedures and Standards are hereby adopted and incorporated
herein as Exhibit"A."
2. The terminal rent for exclusive and preferential space for Signatory, Pre-signatory, and Multi-Seasonal
Airlines for 2001 shall be $33.66 per square foot for indoor space and $11.22 per square foot for outside covered
space. The terminal rent for preferential space for Seasonal Airlines for 2001shall be $47.12 per square foot for
indoor space and $15.71 per square foot for outside covered space. The terminal rent for shared-space for all
airlines for 2001 shall be $33.66 per square foot and shall be allocated among the airlines as shown in Exhibit `B."
Seasonal and Multi-seasonal Airlines shall pay shared-space rent according to the same allocation formula as
shown in Exhibit `B" except that they shall pay a"per-turn" fee of$90 per aircraft departure if such fee is less than
the 20% of shared space rent to be split equally between the airlines monthly. Such Seasonal and Multi-seasonal
Airline "per-turn" fees shall be deducted from the 20% shared space monthly rent before splitting this rent equally
between the other airlines.
3. The landing fees contained in Section 4-1 of Article 4 of the Pitkin County Airport Regulations, Title
IV, Pitkin County Code(and the Airport's schedule of rates, fees and charges for lessees, licensees and permittees),
shall be and hereby are amended to read in part as follows:
"4-1 There is hereby imposed on, and shall be paid by, all FAR Part 121 or 125 air carriers and
scheduled FAR Part 135 (air taxi and/or commuter) operators authorized to serve Pitkin County and
using the airport, a rate or charge on all arrivals of aircraft from which such carrier or operator shall
derive revenue, equal to the following amounts per one thousand (1,000) pounds of maximum
allowable gross landing weight: $1.49 for Signatory, Pre-signatory, and Multi-Seasonal Airlines,
and $2.09 for all others including Seasonal Airlines. There is hereby imposed on, and shall be paid
by, such carriers or operators, a rate or charge on all arrivals of aircraft from which such carriers or
operators shall not derive revenue, equal to $.25 per one thousand (1,000) pounds of maximum
allowable gross landing weight. In addition there is hereby imposed on, and shall be paid by, all
non-scheduled FAR Part 135 (air taxi, charter, and/or commuter) operators and all FAR Part 91
operators (but excluding operators of year-round locally based aircraft with maximum gross landing
weights of 12,500 pounds or less) using the airport, a rate or charge on all arrivals of aircraft equal
to $1.56 per one thousand(1,000)pounds of maximum allowable gross landing weight;"
4. The rents and landing fees established herein shall be effective on and after January 1, 2001.
5. The fuel flowage fee collected by the fixed base operator on behalf of the County is hereby continued at
$.10 per gallon until changed by future resolution of the Board.
6. The rates, fees and charges herein established are determined and declared by this Board to be in
compliance with its rate-making policy as adopted in Resolution #87-56A and its Airline-related Policies,
Procedures and Standards adopted in this Resolution.
7. The rates, fees, and charges herein established are found to be in compliance with the County's
obligations under the Lease and Use Permits executed with the airlines.
8. The provisions of this Resolution shall be severable and if any portion(s) or provision(s) of this
Resolution shall be declared invalid or unenforceable, such a declaration shall not render any of the other portion(s)
or provision(s) invalid or unenforceable and all remaining portions or provisions of this Resolution shall be given
full force and effect.
9. This Resolution shall be available for public inspection during normal business hours in the office of the
Director of Aviation, Aspen-Pitkin County Airport.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 6TH DAY OF
DECEMBER 2000.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 30TH DAY OF
DECEMBER 2000.
APPROVED AND ADOPTED UPON CONTINUED SECOND READING AND AFTER PUBLIC
HEARING ON THE 1 OTH DAY OF JANUARY 2001.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES ON THE 20TH DAY OF JANUARY 2001.
,A1 EST: BOARD OF COUNTY COMMISSIONERS
OF PITKINCOUNTY, COLORADO
By
J anette Jones Mick Ireland, ChairrAan
eputy Clerk&'Recorder
Date: 0(- ( 9-01
APPROVED AS TO FORM: MANAGER APPROVAL:
all, c
John Ely Hilary Smit
County ey Acting County Manager
RECOMMENDED FOR APPROVAL:
Tom Oken
Administrative Services Director
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EXHIBIT"A"
ASPEN/PITKIN COUNTY AIRPORT
AIRLINE-RELATED POLICIES, PROCEDURES AND STANDARDS
A. INTRODUCTION. Pitkin County, Colorado, through its Board of County Commissioners
(`BOCC"), as sponsor of the Aspen/Pitkin County Airport, acknowledges its obligations, pursuant to
federal statutes and Federal Aviation Administration (FAA) Grant Agreements, to provide access to and
use of the Airline Terminal and related facilities at rates and on terms and conditions that are fair,
reasonable and not unjustly discriminatory.
However, the BOCC also asserts its rights, as owner and operator of the Airport, to regulate the access to
and use of such ground facilities in order to bring about an orderly allocation of available areas and the
most efficient use of limited space and,pursuant to such rights,hereby establishes certain policies
concerning access to and use of the Airline Terminal and related facilities.
In establishing these policies,the Airport is attempting to: manage the Airport in a prudent or
businesslike manner; comply with its obligations under federal and state law; and recognize the rights of
all interested parties.
The County reserves the right to alter or amend these policies as part of its semi-annual rate-making and
review process in its sole discretion, subject only to federal law and existing agreements.
B. DEFINITIONS. The following definitions shall apply herein:
1. "Signatory Airline." A Certificated Scheduled Airline that:
a. Has entered into a written Lease and Use Agreement for a term of at least one year; and
b. Undertakes to provide and does provide scheduled service of a least one flight daily on a
year-around basis; and
C. Has been a satisfactory tenant(e.g., no arrearages or defaults) for at least one year; and
e. Agrees to enter into good-faith negotiations with other airlines to provide "handling"
services, if requested by the Airport.
2. "Pre-Signatory Airline". A Certificated Scheduled Airline that:
a. Undertakes to provide and does provide scheduled service of a least one flight daily on a
year-around basis; and
b. Intends to otherwise qualify for Signatory status, as provided herein; and
C. Has entered into a written Lease and Use Agreement for a term of at least one year.
3. "Multi-seasonal Airline." A Certificated Scheduled Airline that:
a. Has entered into a written Lease and Use Agreement to rent Airline Terminal space, if
available, for a term of at least one year; and
b. Undertakes to provide and does provide scheduled service of a least one flight daily
during the winter and summer high seasons; and
C. Agrees to enter into good-faith negotiations with other airlines to provide "handling"
services, if requested by the Airport.
4. "Seasonal Airline" is an Airline that does not qualify (or that fails to qualify) as a Signatory,Pre-
Signatory, or Multi-seasonal Airline.
5. Other words and terms used herein are to be defined and interpreted according to the following
priority:
a. As defined by the FAA,through its enabling legislation and Federal Aviation
Regulations (FARS).
b. As defined by Colorado real estate statutes, case law and rules and regulations
(including, without limitation, those adopted by the Colorado Real Estate Commission).
C. As defined by common usage in the aviation industry, from the point-of-view of a public
airport.
C. AIRLINE TERMINAL ACCESS AND SPACE ALLOCATION POLICY. It is the policy of
the BOCC to provide access to the Airline Terminal and Facilities and to allocate such spaces and
facilities among Airlines on a modified"first-come-first-served"basis, recognizing the extreme seasonal
nature of Airport traffic.
Procedure. Airport staff shall establish deadlines reasonably in advance of the high-traffic winter and
summer seasons by which Airlines new to the airport are required to submit a formal application for
access (including a non-refundable application fee)in a form established by the Airport setting out the
details of their proposed operation. The Airport shall thereafter allocate space between and among such
new Airlines, Pre-Signatory, Multi-seasonal and Seasonal Airlines according to the following priorities:
a. Number of passengers served(historical/projected/contracted).
b. Duration (seasonal, year-around) and frequency(daily, other-than-daily) of proposed
service on an annual basis.
C. Amount/type of space/equipment/facilities needed; method of providing ticketing,
customer service, baggage handling, ground services.
d. Type/size of aircraft to be used.
e. Status and seniority of Airline and length of Agreement term(less than year, full-year,
multi-year).
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f. Coordination with schedules with other Airlines.
g. Inter-Airline agreements (handling, code-sharing).
D. AIRLINE LEASING POLICY. It is the policy of the BOCC to provide access through leases
that meet the legitimate operational and business needs of the Airport. In addition to the obligations
recited above, the BOCC acknowledges its obligations to operate the Airport in a manner to make it as
self-sustaining as possible, and to establish rates and charges on an appropriate basis .
Procedure. Once an Airline has qualified for access, the Director of Aviation will categorize the Airlines
as Signatory,Pre-Signatory, Multi-seasonal or Seasonal, which categories have various legal, financial
and operational rights and obligations, as follows:
1. Designation of Exclusive Use and Preferential Use Areas.
a. Signatory Airlines shall be entitled to lease all or part of their Premises as
"Exclusive Use Areas." Such areas, while still subject to re-allocation to other Airline
(pursuant to the Airport's obligation to provide access to all qualified Airlines and
reserved rights to do so in the Signatory Lease and Use Agreement) are of a lower
priority than Preferential Use Areas to be re-allocated.
b. Pre-Signatory Airlines shall be required to lease all of their Premises as
"Preferential Use Areas,"which are subject to re-allocation to other Airlines by the
Airport according to standards and procedures set out in an exhibit to their respective
Lease and Use Agreements.
C. Multi-seasonal and Seasonal Airlines shall be required to lease all of their
Premises as "Preferential Use Areas."
2. Airline rates and charges.
a. Airline rates and charges will be determined on a compensatory basis adjusted to
recover only those historical capital costs designated by the BOCC.
b. Signatory Airlines pay the rent and landing fees established by the Airport on a
compensatory basis.
C. Pre-Signatory and Multi-seasonal Airlines pay the compensatory rent and
landing fees established by the Airport increased by an amount based on the
administrative/legal and operations costs associated with the commencement and
expiration/termination of Lease and Use Agreements.
d. Seasonal Airlines pay the rent and landing fees established by the Airport
increased by an amount based on: the administrative/legal and operations costs
associated with the commencement and expiration/termination of Lease and Use
Agreements; fixed annual costs incurred regardless of the period of occupancy; and
seasonal costs incurred that relate directly to the occupancy of that season.
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3. Performance Guarantees and Security Deposits.
a. Signatory Airlines, if they have been satisfactory tenants for at least three(3)
years, may have security deposits and performance guarantees waived by the Airport,
subject to Airport's right to re-institute deposits and/or guarantees in the event of a future
non-performance default.
b. Pre-Signatory and Multi-seasonal Airlines shall provide a cash security deposit
and a performance guarantee ( irrevocable letter of credit) of at least 3 months' rent,
landing fees and PFCs, as adjusted for the high season, plus a reserve for collection
costs. If Airline performs satisfactorily, the amount may be reduced incrementally over a
period of years.
C. Seasonal Airlines shall provide a cash security deposit and a performance
guarantee(irrevocable letter of credit) of at least 3 months' rent, landing fees and PFCs,
as adjusted for the high season,plus a reserve for collection costs.
4. Budaet and Rate-setting Cycle.
a. hi November of each year the County will consult with the Airlines on operating
budget projections for the following year and an updated Capital Improvement Plan
(CIP).
b. In December of each year the County will adopt its budget, after affording the
opportunity for Airline comment, and will set Airline rates and charges effective January
1 of the following year.
C. In May or later each year the County may consult with the Airlines on updated
Airport budget projections and CIP progress for the current year, actual audited results
from the prior year and any proposed mid-year change to Airline rates and charges. Any
mid-year change to Airline rates and charges may be effective June I or later.
E. APPEAL RIGHTS. The determinations and space allocations described hereunder are to be
made by the Director of Aviation. Any Airline may appeal such determination to the County Manager
and/or the BOCC in a writing stating the rate,term or condition objected to and the basis for the
objection.
airport\rate_exa
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Exhibit"B"
Pitkin County Airport
2001 Airline Terminal Space and Rent
Space Allocation Tix Counter& Pax Tix O Baggage Admin Bag Service Parts I Total I Outside Grand
Square Footage Ancil Admin Makeup &O s Office Storage I Interior I Covered Total
United Express
Exclusive 572 1,534 1,554 840 465 4,965 3,332
Preferential 120 140 260
Total 692 1,534 1,554 840 465 140 5,225 3,332 8,557
Mesa
Exclusive 93 273 768 350 1,484 411
Preferential
Total 93 273 768 350 1,484 411 1,895
Ozark
Exclusive -
Preferential 366 366
Total 366 366 366
Northwest Airlines/Mesaba
Exclusive -
Preferential 270 688 768 556 445 2,727 500
Total 270 688 768 556 445 2,727 500 3,227
Shared space
Bag claim 7,500 7,500
_Passenger hold room 4,067 4,067
11,567 11,567 11,567
21,369 4,243 25,612
Rent Allocation Outside Covered Terminal Interior
Annual I Monthly Annual I Monthl
Signatory rate per sq ft $ 11.22 $ 33.66
United Express
Exclusive 37,385.04 3,115.42 167,121.96 13,926.83
Preferential for 1/14/15 - - - -
Preferential 8,751.60 729.30
Total 37,385.04 3,115.42 175,873.56 14,656.13 213,258.60
Mesa
Exclusive 4,611.48 384.29 49,951.44 4,162.62
Preferential
Total 4,611.48 384.29 49,951.44 4,162.62 54,562.92
Multi-seasonal rate/sgft $ 11.22 $ 33.66
Ozark
Exclusive - - - -
Preferential 12,319.56 1,026.63
Total 12,319.56 1,026.63 12,319.56
Multi-seasonal'rate/sq ft $ 11.22 $ 33.66
Northwest Airlines/Mesaba
Exclusive - - - -
Preferential 5,610.00 467.50 91,790.88 7,649.24
Total 5,610.00 467.50 91,790.88 7,649.24 97,400.88
377,541.96
Shared space rale/sgft $ 33.66 389,345.28 32,445.44 766,887.24
allocated monthly as follows:
20%is split equally between the airlines 6,489.09
80%is split in the ratio of enplaned passengers 25,956.35
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