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Home My WebLink AboutOrdinance No. 19496Z ORDINANCE NO. 19496 AN ORDINANCE CONCERNING AIRPORT FEES AND CHARGES; REPEALING SECTIONS 2.416 AND 2.417 OF THE EUGENE CODE, 1971; AMENDING SECTIONS 2.415, 2.420, 2.430, 2.440, 2.441, AND 2.442 OF THAT CODE; AND DECLARING AN EMERGENCY. The City Council of the City of Eugene finds as follows: 1. On March 11, 1981 the City Council adopted City of Eu ene Ordinance g No. 19456. That Ordinance segregated certain funds and air ort revenues for P payment of General Obligation Bonds issued to pay for improvements to Mahlon Sweet Airport ~Airport~. 2. On April 13, 1987, the City Council adopted City of Eu ene Resolution g No. 4037 authorizing issuance of General Obligation Bonds and Revenue Bonds i n order to pay for described improvements to the Air art. P 3. In order to assure sufficient Airport revenues to a ro osed reve- PyPP nue bonds, it is necessary far the City Council to enact standards and roce- p dunes far the setting of Airport fees and char es. 9 4. These procedures are consistent with the processes set forth in the recently-adopted user fee ordinance, Eugene Ordinance Na. 19494. NOW, THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Based upon the above findings, which are hereb ado ted y P , Sections 2.416 and 2.417 of the Eugene Code, 1971, are re Baled and Section P ~ s 2.415, 2.420, 2.430, 2.440, 2.441, and 2.442 of that Cade are amended to provide: 2.415 A~ rt - Definition. Whenever the ward "air ort" is used in secw P tions 2 14 5 to 2.445, it shall mean the Mahlon Sweet Air ort located northwest of the ci P ' ty and ail additions thereto. Ordinance - 1 2.42o Air art - Governmental Re ulations. All rules, re ulations fees taxes et • g ' , c., provided by the code shall be subordinate to any applicable governmental regulations that are now or shal 1 be ut into effect b the Federal Avi P ,y , anon Administration or any other governmental agency with 3ur~sd~ct~on. 2.430 Air ort - Rules and Re ulations. ~l~ The city manager shall adopt and cause to be made and osted at the air ort and at the of P • p five of the finance officer certain rules and regulations governing the use of the field and terminal, These rules and regulations shall be administered by the city manager, who shall have auth- ority to enforce the rules. As used herein and in sections 2.440 2.44 and 2.442, rrcity manager" means the city manager or his her desi nee. g ~2~ •The city manager is authorized to establish or alter and shall give notice by signs, areas where pedestrians, motor vehicles' air- craft, or other users of the airport shall be prohibited. ~3j Permanent, temporary, and emergency rulemakin under this sec- tion shall be conducted ' g ~n accordance with the procedures set forth in sec- tion 3.012. Unless reviewed by the council, the order ado tin the rule is final on the eleventh P g day after ~t 1s rendered. ~4~ At the request of two councilors, made within ten da s of the city mana er's ado ton of a r y g p ule, the rule, or any part thereof, shall be reviewed by the council. On the basis of the administrative record before the city manager the council shall approve, modify or disal]ow the ro os rule b orde p p ed y • r. The arder shall be mailed to all interested persons, The arder ~s final on the date rendered, 2.440 Air ort Fees and Char es - Procedures Generall , ~~} The procedures of this section and sections 2.44 and 2.442 apply to the establishment of all fees and charges for the use of Mahlo Sweet Airport exce t for those fees n p , charges or rents: ~a} Provided for by lease, contract, or permit with the Cit of Eugene; y ~b3 Established by public bidding processes, re nests for q proposals or other compet~t~ve processes; ar ~c~ Set•by operation of federal or state law or by other ro- P visions of this code. • ~2} Prior to the establishment of any airport fee or char a the city mana er shall ~nvesti ate g ' • g g the amount charged for such right or use in the•past, any comparable rates charged by other air orts a licable use ol~cies P ~ PP r fee P set by the counc~ 1, and the revenue needs of the air ort. P 2.441 Air ort Fees and Char es - Ratemaki n Procedure . ~1~ Notice, Prior to the imposition of any fee, char a or rental for the use of the air or g p t, the city manager shall give notice of the proposed rate or amount of such charge by; ~a~ Making copies of the notice of intended charges available tv any person who has requested such notice and to persons current- ly paying such charges; Ordinance - 2 fib} Publishing the notice of intended charges in a news a er of eneral c~rcu1ation w' p p g ~th~n the city; and ~c} Posting such notice at two locations at the air art. 2 Contents of no ' ~ p ~ } tice. The nonce of intended char es shall state the current and ro osed c g p. p harge,,fee or rent, the results of the city man- ager s ~nvest~gat~on, proposed f~nd~ngs on the applicability of the standards set out ~n section 2,442, and the time, place and manner in which interested persons may present their views on the intended action. ~3} 0 ortunit far comment. The city manager shall ive inter- ested ersons reasonable o or ~ ~ g p pp tun~ty to submit data ar views ~n writing. At the request of ten persons or of a person potentiall ob1i ated to a mo than $500,00 er y g p y re p year by the imposition of the proposed charge, the cit manager shall conduct a ublic heari y p ng,an the propased charge. The city manager may de] egate to a hears ngs of f ~ cer the conducting of a ubl i c hear- p ing• ~4} Dec„is,i an. The city manager, on the basis of his or her inves- tigation and the co~men~ts of interested persons, shall a rove modif disallow the ro osed c pp ~ y or ' p p harge by order. The order shall contain written find- ings and conclusions based on the standards set forth in section 2.442. T he city manager shall ma~1 copes of the decision to all interested ers i.e., persons who have submitted p ons, written or oral comments on the charge or who have requested a copy of the decision, The cit mana er s Y g hall also promptly deliver copies of the decision to the ma or and cit counc' . Y y ~lors. Unless reviewed by the council, the dec~s~on ~s final an the eleve after i t i nth day s rendered. ~5} Review of decision. At the request of two councilors made within ten days of the city manager's decision, the decision or an ' thereof shall be re ' ~ s y part viewed by the council, Dn the basis of the adm~n~stra- tive record before the city manager, the council shall a rove modif disallaw the ro osed ch pp f y or p p arge by order. The artier shall contain written find- ~ngs and conclusions based on the standards set forth in section 2.442 shal l be mai ] ed to and all interested persons. The order ~s final on the date rendered. 2.442 Air art Fees and Char es - Standards. In determinin th ar rate of an g e amount y charge, fee or rent imposed for the use of Mahlon Sweet Airport, the city manager or council shall consider the fall ' owing: ~a} The amount charged far such use in the ast; b Cam ar p . ~ } p able amounts or rates, if any, char ed b other air orts• g y p ~c} The amounts or rates and other municipal benefits a reed to by cam arable users of th g p e airport ~n a contract, lease, or per- mit; and, ~d} The revenue needs of the airport. Section 2. The following sha]1 be considered in determinin the rev g enue needs of the airport: ~a} Revenue received by the City shall be in an amount sufficient to pay its costs in the operation and maintenance of the air art as p Ord i Hance - 3 we11 as the impravement costs set forth below; fib} The costs far the improvement of the airport shall include at least the sum of $18,341,000 for the improvements described in Cit of y Eugene Resolution No. 4037. At least $5,910,000 of that sum shall be exacted from scheduled Carriers in the form of rent and landin fee s 9 s ~c} A1l fees and charges imposed by the City far use of the airM port shall be used for financial support of the airport; and ~d} To the extent that funds in the State Shared Revenue Ca ital p Projects Fund are insufficient to pay the debt retirement for the air- port general obligation bonds approved March 31, 1981, the revenue needs of the airport may include the sums needed for some ar all of that debt retirement, Section 3. All fees and charges in effect at the time of ado tion of p this Ordinance shall remain in effect until amended or re Baled p as rov' p ~ded herein. Section 4. The City Recorder, at the request of yr with the concurrence of the City Attorney, is authorized to administrativel correct an refere y y nce errors contained in this Ordinance or in other provisions of the Eu ene Code 9 1971 to sections amended, added or repealed herein. Section 5. That the matters contained herein concern the ublic health p , welfare and safety and therefore, an emergency is hereb declared to exist y , and this Ordinance sha11 become effective immediately u on its assa e b the p p 9 Y City Council and approval by the Mayor. Passed by the City Counci 1 thi s 9th day of September, 1987 .~ ~ ., r ~ ~ City Recorder Ordinance - 4 Approved by the Mayor this