Resolution 357-1992
OMB/Airoorts
RESOLUTION NO.
357 -1992
THE FOLLOWING RESOLUTION IS ADOPTED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS REGARDING THE IMPLEMENTATION OF A PASSENGER
FACILITY CHARGE PROGRAM AT THE KEY WEST INTERNATIONAL AIRPORT.
SECTION I. Definitions
As used in this Resolution:
1.1 "Airport" shall mean the area of Key West
International 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 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 Code of
Federal Regulations Part 158.9 or a passenger both
enplaning and deplaning at the Airport.
1.4 "Director" shall mean the Director of Community
Services for Monroe County.
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
resolution.
1.7 "County of Monroe" or "County" shall mean the county
created pursuant to Florida State law.
SECTION II. Findings and Purpose
2.1 The County finds that:
2.1.1 The County owns and controls that certain
Airport and air navigation facility located in Monroe County,
State of Florida, and known as Key West International Airport
("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 Florida; and
2.1.3 The Airport is a commercial service airport as
that phrase 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 place new
financial challenges on the County;
2.1.5 The operation of Key West International Airport
as a public facility attracting scheduled airline passenger
service by airline carriers at Key West International Airport
imposes financial responsibility on the County for airport
facilities and operations; and
2.1.6 The County 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 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 County's best economic interest to
adopt and in the interest of airline passengers that the County
adopt a Passenger Facility Charge program as identified in this
Resolution to maintain and further expand the transportation
facilities of the County; and
2.1.9
Facility Charge
contribute to a
Facilities used
and
In establishing and implementing the Passenger
program, the passengers using the Airport should
greater degree toward the development for Airport
by passengers and continued development thereof;
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 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 County's
Passenger Facility Charge program authorized by this Resolution,
or on such date thereafter as the Passenger Facility Charge can
be collected ("Charge Effective Date") as determined by the
Director, thereafter shall be imposed at Key West International
Airport a Passenger Facility Charge of $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.
SECTION IV. Eligible Projects
4.1 The Passenger Facility Charge collected pursuant to
this program shall be expended for projects approved by
resolution of this Commission and determined by the FAA to be
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 be 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 County may exercise any
rights or remedies allowed by law or equity.
SECTION VII. Effective Date
7.1 The Effective date of the Resolution shall be the
16th day of Julv, 1992.
SECTION VIII. Savings Clause
8.1 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 be
invalidated, but shall remain in full force and effect, all parts
of this Resolution 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 Resolution is unconstitutional or is otherwise invalid, the
Passenger Facility Charge authorized by this Resolution shall be
suspended and terminated as of the date of declaration of
unconstitutionality.
\
Bg IT FURTHER RESOLVED BY SAID BOARD that the Clerk of said
Board, upon receipt of the above, is hereby authorized and
directed to make the necessary changes of said items, as set
forth above.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 16th day of July, A.D., 1992.
Mayor Harvey Yes
Mayor Pro Tem London Yes
Commissioner Cheal Yes
Commissioner Jones Yes
Commissioner Stormont Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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BY .\J:)..... ,.., ~r" .....~. '~ -~ .
Mayor/Chairman '
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
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