HomeMy WebLinkAbout06038ORDINANCE NO. 6038
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
Passenger 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 capacity, safety, and
development of the Airport; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, THAT:
SECTION 1. DEFINITIONS.
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
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 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 and 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 Requirements
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. Prior Passenger Facility Charge
7.1 The Passenger Facility Charge authorized by Ordinance No. 5789 shall not be
made or imposed after the Charge Effective Date described in Section 3.1 of
this Ordinance.
SECTION VIII. Savings Clause
8.1 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 IX. Effective Date
9.1 This Ordinance shall become effective upon final passage.
INTRODUCED: November 13, 1995
BY: Samuel Corsentino
Councilperson
APPROVED:
•
0 UW
President of the City Council
ATTEST:
MW
L' ity Clerk