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Home My WebLink About96-95 RESOLUTIONRESOLUTION NO. 96-95 A RESOLUTION TO IMPLEMENT AND ('OLLECT A PASSENGER FACILITY CHARGE ON ELIGIBLE PASSENGERS AT DRAKE FIELD. WHEREAS, the City of Fayetteville has investigated the feasibility of implementing and collecting a Passenger Facility Charge ("PFC") on eligible enplaned passengers at Drake Field ("Airport") in accordance with the Aviation Safety and Capacity Expansion Act of 1990 as approved by the Federal Aviation Administration ("FAA") and desires to impose and collect a Passenger Facility Charge upon eligible enplaned passengers at Drake Field, 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 a user fee authorized by Federal Iaw and imposed only on eligible enplaned passengers utilizing the Airport; and WHEREAS, the Airport Division after thorough investigation 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 RESOLVED BY THE CITY COUNCII, OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The Council hereby adopts and implements the Passenger Facility charge under the following: Section I. DEFINITIONS. As used in this resolution, the following definitions apply: 1.1 "Airport" shall mean the estimated 600 acre area of Drake Field. 1.2 "Charge Effective Date" shall mean the date on which the Passenger Facility Charge is effective as provided in §3.1 of this Resolution. 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.P.R. 158.9 or a passenger both enplaning and deplaning at the Airport. Page 2 Resolution No. 96-95 1.4 "Manager" shall mean the Airport Manager for the City of Fayetteville. 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 §3.1 of this resolution. Section 11. FINDINGS AND PURPOSE. 2.1 The City finds that: 2.1.1 The City owns and controls that certain Airport and air navigation facility located in Washington County, State of Arkansas, and known as Drake Field ("Airport"); and 2.1.2 The Airport promotes a strong economic base for the community. assists and encourages world trade opportunities , and is of vital importance to the health, safety. and welfare of the State of Arkansas; 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 on the City; and 2.1.5 The operation of Drake Field 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 demand for passenger air travel; and Page 3 Resolution No. 96-95 2.1.7 The Congress of the United States has authorized the adoption of a Passenger Facility Charge program by local airports pursuant to the Aviation Safety and Capacity Expansion Act of 1990 (Publ... 101-508, Title IX Subtitle B, November 5, 1990)(hereinalter 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 program as identified in this Resolution to maintain and further expand the transportation facilities of the City; and 2.1.9 In establishing and implementing the Passenger Facility Charge program, the passengers usmg the Airport should contribute to a greater degree toward the development of Airport Facilities used by passengers and Lontinued development thereof; and 2.1.10 The fees implemented by this Resolution are reasonable for the use of the Airport and aviation facilities by the general public. 2.2. The purpose of this Resolution is to enact a Passenger Facility Charge program consistent with the above findings and this Resolution and the regulations published pursuant thereto shall he liberally construed to effectuate the purposes expressed. Section 111. 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 program authorized by this Resolution, or on such date thereafter as the Passenger Facility Charge can he collected as determined by the Manager ("Charge Effective Date"), thereafter shall be imposed at Drake Field, a Passenger Facility Charge of three dollars ($3.00) (Passenger Facility Charge"). 3.2 The Passenger Facility Charge authorized by this Resolution shall expire on the date determined pursuant to regulations adopted by FAA. 3.3 The Airport Manager or designee is authorized to execute the FAA application for authorization of the City's PFC program including the assurances contained therein and other documents necessary for implementation of thc PFC program on behalf of the City. Page 4 Resolution No. 96-95 Section IV- ELIGIBLE PROJECTS. 4.1 The Passenger Facility Charge collected pursuant to this program shall be expended only for protects approved by the City Council and determined by the FAA to he eligible under the Act and rules and regulations adopted by FAA pursuant to such statute. Section V. COMPLIANCE WITH FAA REQUIREMENTS. 5.1 The Passenger Facility Charge authorized by this Resolution shall he collected and distributed pursuant to the rules and regulations adopted by FAA pursuant to such statute. Section VI. VIOLATIONS. 6.1 Sanctions. In the event any airline violates any term or condition of this Resolution, 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 Resolution is declared invalid for any reason, the remainder of this Resolution shall not he invalidated. but shall remain in full force and effect, all parts of this Resolution being declared separable and independent of all others. PASSED AND APPROVED this 5th day of July_-, 1995. APPROVED: Vf , By: : '' zed { ' ; i "e-- Dred Hanna. Mayor • • • Traci Paul, City Clerk �* lee Sd �- . . • SECTION $II e e... , 4F • Ia•1 . ., .11 ... . .1 .• a ;. , :.m, �1 c. •i• LE CLERK 1 • I. 1... - .. ... •1 . 1• I ILIDAD PAGOI. ts•• • . 1 .I.- ,, 1 ,I . 1 11 e. 14. 1 .• • 11 • • ., .. 3 I :• • S' -Ant O}' ARKANSAS l SS. County unty of W ash.ngton nut /i hereby cer- tify that 1 am the publisher otif1-IE NORTHHWFST ARKANSAS TIMES a daily newspaper having a secon 1 class mailing privilege, and being not :ess than four pages ot five columns each, puh:ished at a fixed place of business and at a fixed (daily) intervals con:muously in the City of J ayetieville, County of Washington, Arkansas for mote than a pend of Iwelc a months. crrculatec and distri buted from an established pi ace of business to suhscnhers and readers generally of all classes in the City and County for a del inite pnce tor each copy, or a fixed price per annum, which price was fixed a! what is considered the valae of :he pahhcation. based upon the news value and. service value it contains. that al least fifty percent of the subscribers thereto have paid cash for their subscriptions to the newspaper, r its agents or through recognized news dealers aver a period cf at least six months; and that the said newspaper pub:ishes an average of more than forty percent news matter. J runner cep,[fc that the legal nor] a hereto attached ID the matter ,of 9(c1-,./5 i was published rc the regular daily issue of said newspaper tor onsecuhse insertions as folio rhe lust mse:t:on on the Ile second insert: on on the I- ..I 1 I. • +I it • Y' . •• • • •• • the tlunl insertion on the '" r- . .. •pl'1..- 1...,, 11 SECTION IV • a • I r . r a•• r. r,.. 1 i.. and the fourth :nseron or, the 1 e r .. n• , b i.l ,.1' '1.•1 i.t.I '1 r.[. a ..1 , 1• •• •••1 ; 1 . I. . to I.,, I ., • a: c • SECTION V. '.'•.. • •1. ]• .ry I • •. 1 .. a •f •. ... ry • 1•„ I t4 day cif 19 q✓ day of 19 day of 19 day ot.9 .1 n1. :,f fl.• I• 1 ... ., S•', L' • nr .ty,,M' STATUTE VI... •‘' '1' oir•r .e n'.a 1[n n •1 •.eia,..i .., lo.. .. • . 11 et.YL^P•:x13•••1 .. p. .1 ': [.. I .. Iwo . .. J.... oar... u,.• + r r• ., t. n-� .... . • . • • • . I . 1.:nb n,• • . 1 1 • • 1 Swore In and sulscribed before me _. -_ f.•, n6•pr rrl -I A✓pan 1 • SECTION VII. in one of • ifq OAKS (roo s1;: ms , our( 1 /Dryer Eocf information pie 44 N PrPrPrIl ED Locat' ettevill _HIRE f '. 11.1 T A• 1•11M i.. I...r •11 31 1i • ..r•..11) t• . tri . 1 '1 :1- , .•r •• '- 1 al i,• 1 0 , ] ,,i • •1a .I.. n•i ,, , r..•1t. lllllfe • ,••• b, ' 11 J• •• 11 a t: — .. • 1. 1 ' Catherine Sall 10. : I•[. rt..a •i A•- r.. •...1 .. , a • .. N • . e 1 q,., - 1 .1 .fy CI :•imrssmn Expres' Notary P,IrbLashi�cp��Stale if ArkenRes Id.[I1.1County 'tlq,LI • l: • ••I• ',II •. l a• 1 .•I e' I rt `D`o'n '< .• t.....1.. : o...14 ,•1 •.. • ; My Commission Expires x227105 PASSED3AND APPROVED _ (41(04. C.•Vtr et a( E(Li(((((((IL( C(((ciC Publisher 1 General Manage - if rat by a l 11111.13 %I...n • ees ;or P:imirg C,,.1 n: 13701.11 l ria: s 353.0 t s $ Notary Pa71ic