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Home My WebLink Aboutbocc.ord.050.2005ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, SETTING INITIAL AIRPORT FEES AND CHARGES FOR 2006 ORDINANCE NO.40-2005 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 di1g, 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. The County has determined that an increase of the $3 rental car facility use fee, adopted by Resolution #093-2004, to $4.50 is needed to fund airport improvements benefiting the rental car companies. 5. 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. 6. The County now contracts with airlines on a year-to-year basis and sets fees on a "compensatory" basis under which airline and general aviation fees are set to more fully cover the cost of their use of airport facilities. 7. 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. 8. The airlines and general aviation have been given the opportunity to comment on the proposed rent and landing fees for 2006 and the Airport's budget and updated capital improvement plan. The 2006 budget for the Airport was reviewed in public session on November 15th 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. NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that: 1. The terminal rent for exclusive and preferential space for Signatory, Pre -signatory, and Multi -Seasonal Airlines for 2006 shall be $48.00 per square foot for indoor space and $16.00 per QAa: osd-da' square foot for outside covered space. The terminal rent for preferential space for Seasonal Airlines for 2006 shall be $67.20 per square foot for indoor space and $22.40 per square foot for outside covered space. The terminal rent for shared -space for all airlines for 2006 shall be $48.00 per square foot. 20% of the monthly shared -space rent shall be allocated equally among the airlines and 80% 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 -tum" fee of $125 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. 2. Section 10.16.010 of the Pitkin County Code is hereby repealed and reenacted as follows: "Landing fees for air carriers. There is 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: $2.30 for Signatory, Pre -signatory, and Multi -Seasonal Airlines, and $3.22 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. 3. The rental car facility use fee shall be $4.50 per customer per transaction day. 4. The percentage of gross revenue charged off -airport rental car companies for access to the airport shall be 15%. 5. The rents and landing fees established herein shall be effective on and after January 1, 2006. The rental car facility use fee and off -airport rental car company fee established herein shall be effective on and after May 1, 2006. 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 by Resolution #001-2001. 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 Ordinance shall be severable and if any portion(s) or provision(s) of this Ordinance shall be declared invalid or unenforceable, such a declaration shall not render any H Carta: Oso —O s of the other portion(s) or provision(s) invalid or unenforceable and all remaining portions or provisions of this Ordinance shall be given full force and effect. 9. This Ordinance 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 DECEMBER 7, 2005. NOTICE OF PUBLIC HEARING AND THE FULL ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON DECEMBERI 2005. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE DECEMBER k, 2005. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON DIEGEMMR'=!�*29'05. J, D006 A, ST: / BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO 4B401 gt,>- By Jea tte Jones P Patti {ay -Clapper, Chair De ty Clerk & Recorder Date: MANAGER APPROVAL: Hilary tther Smith, County Manager APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: J`iyyj Tom Oken Treasurer & Chief Financial Officer 3