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HomeMy WebLinkAbout05789ORDINANCE NO. 5 789 AN ORDINANCE ADOPTING A PASSENGER FACILITY CHARGE PROGRAM, AUTHORIZING AND IMPOSING A PASSENGER FACILITY CHARGE ON ELIGIBLE ENPLANED PASSENGERS AT PUEBLO MEMORIAL AIRPORT IN ACCORDANCE WITH THE AVIATION SAFETY AND CAPACITY EXPANSION ACT OF 1990, PROVIDING FOR SANCTIONS FOR VIOLATION THEREOF, AND AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION FOR AND ASSURANCES WITH RESPECT TO THE PASSENGER FACILITY CHARGE PROGRAM WHEREAS, the City has investigated the feasibility of implementing and collecting a rassenger Facility Charge ( "PFC ") on eligible enplaned passengers at Pueblo Memorial Airport ( "Airport ") in accordance with the Aviation Safety and Capacity Expansion Act of 1990 as approved by the Federal Aviation Administration ( "FAA ") and to impose and collect a Passenger Facility Charge upon eligible enplaned passengers at Pueblo Memorial Airport, under terms and conditions that are consistent with said Act as approved by the FAA and to expend such funds on FAA approved eligible projects; and WHEREAS, the City operates, maintains, and develops 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 City has determined that the funds generated by adopting and collecting a PFC are needed to accomplish projects designed to enhance rapacity, safaty, and development of the Airport; NOW, THEREFORE, BC fF ORDAINED BY THE CITY COUNCIL OF PUEBLO, THAT: SECTIO 1. DEFIN ITIONS. As used in this Ordinance, the following definitions apply: 1.1 "Airport" shall mean the area of Pueblo Memorial 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 passeng�ir enplaned at the Airport in a scheduled or nonscheduled aircraft in interstate, intrastate, or foreign come p'ovkied 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 3 passenger bath enplaning and deplaning at the Airport. 1.4 "Manager" shall mean the City Manager for the City of Pueblo. 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 "City of Pueblo" or "City" shall mean Pueblo, A MUNICIPAL CORPORATION created pursuant to Colorado State law. SECTION II. Findings And Purpose 2.1 The City Council does hereby find and determine that: 2.1 .1 The City owns and controls that certain Airport and air navigation facility located in Pueblo County, State of Colorado, and known as Pueblo Memorial Airport ( "Airport "); and 2.1.2 The Airport promotes a strong economic base for the community, assists and encourages interstate trade opportunities, and is of vital importance to the health, safety, and welfare of the City and State of Colorado; and 2.1.3 The Airport is a commercial service airport as that phase is defined in 14 Code of Federal Regulations Part 158, as adopted by FAA, being a public airport enplaning 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 and burdens 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 and 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 and 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 and program, the passengers using the Airport should contribute to a greater degree toward the development of Airport Facilities used by passengers and continued development thereof; and 2.1.10 The charges authorized and imposed 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 and program consistent with the above findings and this Ordinance and regulations published pursuant thereto shall be liberally construed to effectuate the purposes expressed. SECTION III. Passenger Facility Charge 3.1 Commencing not later than the first day of the second month thirty days after the approval by the FAA of the City's Passenger Facility Charge and program authorized by this Ordinance, or on such date thereafter as the Passenger Facility Charge can be collected as determined by the Director ( "Charge Effective Date "), there shall be imposed at Pueblo Memorial Airport a Passenger Facility Charge of $3.00 ( "Passenger Facility Charge "). 3.2 The Passenger Facility Charge and program authorized by this Ordinance shall commence on the Charge Effective Date and shall expire on the date determined pursuant to regulations adopted by FAA. 3.3 The City Manager of City is authorized to execute the FAA application for authorization of the City's PFC and program including the assurances contained therein and other documents necessary for implementation of the PFC program on behalf of the City. SECTION IV. Eligible Projects 4.1 The Passenger Facility Charge collected pursuant to this Ordinance shall be expended for projects approved by Resolution of the City Council and determined by the FAA to be eligible under the Act and rules and regulations adopted by FAA pursuant the Act. SECTION V. Compliance with FAA Reauirements 5.1 The Passenger Facility Charge authorized by this Ordinance shall be collected and distributed pursuant to the rules and regulations adopted by FAA pursuant to the Act. SECTION VI. Violations and Sanctions 6.1 In the event any airline violates any term or condition of this Ordinance, the City may exercise any rights or remedies allowed by law or equity. SECTION VII. Savings Clause 7.1 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 and program authorized by this Ordinance shall be suspended and terminated as of the date of declaration of unconstitutionality. SECTION VIII. Effective Date 8.1 The effective date of the Ordinance shall be the 1st day of April, 1993. INTRODUCED: February 22, 199 ATTEST: City Clerk BY: JOYCE LAWRENCE Councilperson APPROVED: President of the City Council