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Home My WebLink Aboutbocc.res.019.2017 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS ("BOCC")OF PITKIN COUNTY, COLORADO,ADOPTING AIRPORT FEES AND CHARGES FOR 2017 RESOLUTION NO. 0 iq ,2017 RECITALS: 1. Pursuant to Section 2.8.3 (Actions)of the Pitkin County Home Rule Charter ("HRC")official action by formal resolution shall be required for all actions of the Board not requiring ordinance power on matters of significant importance affecting citizens. 2. Pitkin County ("County") owns, operates and sponsors the Aspen/Pitkin County Airport("Airport"). 3. 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, and 30-35-202, C.R.S., as amended, the Pitkin County Home Rule Charter, as amended, and the Pitkin County Code, Title X, Airport Regulations, as amended. 4. The Airport financial and rate-setting policies are set out in Resolution#87-56A. 5. The County sets fees on a "compensatory" basis under which airline and general aviation fees are set to recover the cost of their use of airport facilities. 6. The Airline-related Policies, Procedures and Standards, adopted by Resolution#001- 2001, provide 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, General Aviation representative have been given the opportunity to comment on the proposed fees and charges for 2017. 8. The 2017 budget for the Airport was reviewed in public session on November 15, 2016. 9. 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. The BOCC finds that it is in the best interests of the citizens of Pitkin County to approve this Resolution. The Board recognizes that these rates and charges are justified and shall be adopted as follows: Section I. Terminal Rent: There is hereby imposed for exclusive and preferential space for Signatory, Pre-signatory, and Multi-Seasonal Airlines for 2017 shall be$75.81 per square foot for indoor space and$25.27 per square foot for outside covered space. The 3 initial terminal rent for preferential space for Seasonal Airlines for 2017 shall be$106.14 per square foot for indoor space and$35.38 per square foot for outside covered space. The initial terminal rent for shared-space for all airlines for 2017 shall be$75.81 per square foot. Twenty percent of the monthly shared-space rent shall be allocated equally among the airlines and eighty percent shall be allocated in the ratio of enplaned passengers. Seasonal and Multi-Seasonal Airlines shall pay shared-space rent according to the same allocation formula except that they shall pay a"per-turn" fee of $220 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. Section 2. Landing fees for air carriers: 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: $5.67 for Signatory, Pre-signatory, and Multi-Seasonal Airlines, and $7.93 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. Section 3. Landing fees for general aviation: 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 $6.75 per one thousand(1,000) pounds of maximum allowable gross landing weight. Section 4. Fuel flowage: There is hereby imposed on the fuel flowage fee collected by the fixed base operator on behalf of the County shall be unchanged at$0.12 per gallon. Seotion 5. Effective Date: The rates, fees and charges established herein shall be effective on and after April 1, 2017. Section 6. Rate-making policy compliance: The rates, fees and charges established herein 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 by Resolution#001-2001. Section 7. Lease Obligations: 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. Section 8. Provisions: 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. 4 Section 9. Availability: This Resolution shall be available for public inspection during normal business hours in the office of the Director of Aviation,Aspen-Pitkin County Airport. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts an Amending Airport Fees and Charges for 2017 and authorizes the Chair to sign the Resolution and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter. 5 y/ INTRODUCED AND FIRST READ ON THE ;/-a DAY OF re-bvvliv,.�`7y , 2017 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE �`"' DAY OF Mu.tic-. 2017. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 23"c DAY OF Kehrgatv , 2017. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON TIE OFFICIAL-PITKIN COUNTY WEBSITE(www.pitkincounty.com) ON THE 'Pa DAY OF 2017. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE g� DAY OF tvt,a,1,L� 2017. PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER /A/DOPTION, IN THE ASPEN TIMES WEEKLY ON THE Jock DAY OF J7/44tL, , 2017. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL,. PITKIN COUNTY WEBSITE(www.pitkincounty-COM) ON THE /Oa- DAY OF flak CAA-, 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS By ,. ) IS I, J1 /,.Po ByP. Jean e Jones George Ne man, Chir Dept*County Clerk Date: 5V OA./ APPROVED AS TO FORM: MANAGER APPROVAL John E o Attorney Jon Peacock, unty Manager 6