39 of 1976 - Adding sections 2-2-27 through 2-2-36 establishing rental rates and landing fees for air carriers at SALT'LAKE CITY"GORPORgION
MILDRED V. HIGHAM OFFICE OF KATHERINE L. BARSNICK
CITY RECORDER - - CHIEF DEPUTY
CITY RECORDER
MARILYN SMYTH
200 CITY&COUNTY BUILDING - CHIEFCLERK
SALT LABII CITY,IITAH 84111 April 1, 1976
Honorable Ted L. Wilson, Mayor
Commissioner of Parks
and Public Property
300 City and County Building
Salt Lake City, Utah
Dear Mayor Wilson:
The Board of City Commissirers, at its meeting today, approved your
motion as follows:
"I move that the City Commission action of March
25, 1976, under Attorney Report No. 163 of 1976, sub—
mitting Bill No. 39 of 1976 (which was not published),
establishing rental and landing fees for certified airlines
using the Salt Lake City International Airport, be
rescinded."
Yours truly,
City Recorder
tb
CC:
Auditor
Attorney
Commissioners
Airport
Airport Authority
Files
Reports
39
VOTING Aye Nay Salt Lake City,Utah, March 25 ,19 76
Mr.Chairman _ _
7. I move that the Ordinance be passed.
Agraz .% . .
Greenei
Hogensen V
-
Phillips
Result AN ORDINANCE
j
AN ORDINANCE amending Chapter 2, Title 2 of the Revised Ordinances
of Salt Lake City, Utah, 1965, relating to use of Airport facilities,
by adding thereto 10 new sections 27 through 36, relating to establish-
ing rental rates and landing fees for air carriers at the airport.
Be it ordained by the Board of Commissioners of Salt Lake City,
Utah:
SECTION 1. That Chapter 2, Title 2 of the Revised Ordinances
of Salt Lake City, Utah, 1965, relating to use of airport facilities,
be, and the same hereby is, amended by adding thereto 10 new sections
2-2-27 through 2-2-36, to read as follows:
"Sec. 2-2-27. Definitions.
(1) "Air transportation company" means a person, company or
corporation operating a transportation system by aircraft for the
purpose of carriage of persons, cargo, mail or other property.
(2) "Air carrier" means an air transportation company holding
a certificate of public convenience and necessity issued by a
federal authority which provides authority to supply scheduled
air transportation services to the Salt Lake City area.
(3) "Gross certificated landing weight" shall mean the maximum
gross certificated landing weight approved by the Federal Avia-
' tion Administration for landing of such aircraft at the airport.
(4) "Landing" as used herein, shall mean the landing of
both freight and passenger aircraft.
"Sec. 2-2-28. Rentals. All air carriers shall pay the follow-
ing rates at the airport:
(1) Each air carrier shall pay for designated storage space in
the basement area of the terminal building, that is occupied
exclusively by the company, at the rate of $5.00 per square foot
per annum, payable monthly in advance.
(2) Each air carrier shall pay for all other designated space,
not otherwise covered by an existing contract with such company,
that is occupied exclusively by said company, at the rate of
$10.00 per square foot per annum, payable monthly in advance.
(3) Each air carrier shall pay, in monthly installments, its
pro rata share of the rental rate of the area designated as
"joint use space" which it utilizes, which shall include the
baggage reclaim and lost baggage storage area. Provided, however,
-2-
the above shall not apply to any area which is covered by an
existing rental or lease agreement. The rate for: such "joint
use space" shall be $10.00 per square foot per annum, computed
according to the following formula: 20% of the total square
foot charge shall be paid equally by all air carriers using said
space, and the remaining 80% of the rental value for the "joint
use space" shall be divided between all air carriers using said
space on the ratio that the number of passengers of the air
carrier in question enplaning at the Salt Lake City International
Airport bears to the total number of enplaning passengers of all
such air carriers at airport during the 6 month period preceding
each January 1st and July 1st during their tenancy.
"Sec. 2-2-29. Landing fees. There are hereby established and
levied, landing fees upon each air carrier using the airport,
computed as follows: A landing fee of $0.40 per 1,000 pounds,
or a fraction thereof, of gross certificated landing weight of
each aircraft for each landing at the airport of each such
aircraft. Landing fees shall be paid monthly in arrears.
"Sec. 2-2-30. Loading. The charges hereinbefore established,
include the right to the reasonable use of the loading apron at
or adjacent to the terminal building for such reasonable times as
may be required for the loading and unloading of aircraft; provided,
however, that no air carrier shall incur a penalty or charge for
additional time resulting from unavoidable delays due to weather
conditions, minor mechanical defects or other delays beyond the
control of the carrier, except where such delays preclude use of the apron by other air carriers. No such fee will be levied or
assessed in the event an aircraft departs from airport for another
destination, which aircraft, without making a stop at another
airport, is forced to return to and land at airport because of
meteorological conditions, mechanical or operating causes or for
any similar emergency or precautionary reason.
"Sec. 2-2-31. Reports. Each air carrier shall furnish a
written report to the manager of the airport on or before the 10th
day of each calendar month, certifying the number of landings of
the carrier's aircraft at the airport during the preceding month,
together with the make, type and certificated gross landing
weight for each of its aircraft scheduled, nonscheduled and char-
tered, which have landed at the airport during the preceding
calendar month.
"Sec. 2-2-32. Payment. All fees and charges calculated at the
schedule of rates as hereinbefore set forth, shall be due and
payable on the first of each calendar month and shall be delinquent
on the tenth thereof.
"Sec. 2-2-33. Compliance. As a condition precedent to the
right of any air carrier to the use of the airport, it shall comply
with all of the reporting and payment requirements hereinabove
set forth. Any such air carrier failing to comply with said
requirements shall be barred from the use of any of the facilities
of said airport.
"Sec. 2-2-34. Rates effective May 1, 1976. Inasmuch as said
air carriers since June 30, 1975, have been using the facilities
of the airport without final agreement as to the rents and landing
fees, but have operated under a holdover provision of their
present agreement, it is hereby ordained that the rents and landing
fees established pursuant to this ordinance shall be effective
May 1, 1976.
-3—
"Sec. 2-2-35. Insurance. Each air carrier shall, at its own
expense, keep in force insurance of the following types and in
not less than the following amounts, issued by a company or
companies with general policyholder rating of A plus and financial
rating of AAAAA as rated in the most current available "Bests"
Insurance Reports, to wit:
Aircraft public liability insurance $300,000 per person
$1,000,000 per accident
Aircraft property damage insurance $2,000,000 per accident
Comprehensive public liability $300,000 per person
insurance $2,500,000 per accident
Comprehensive property damage $100,000 per accident
insurance
Motor vehicle public liability $1,000,000 combined single
insurance limit per account
Said policy shall insure the air carrier against all liabilities
for accidents arising out of or in connection with the insured's
use and occupancy of and/or operations at the airport, and shall
furnish to the airport manager certificates evidencing such
insurance. Each insurance policy required herein shall name
Salt Lake City as an additional insured and shall contain a
provision that the same may not be materially changed, altered
or cancelled without first giving thirty days prior written notice
to said city.
"Sec. 2-2-36. Severability. If any section of this ordinance_
or portion thereof is for any reason held invalid or unconstitu-
tional by any court of competent jurisdiction, such holding shall
not invalidate the remaining portions of this ordinance."
SECTION 2. This ordinance shall become effective on May 1,
1976.
Passed by the Board of Commissioners of Salt Lake City, Utah,
this 25th day of M.,,.c}, , 1976.
MAYOR
CITY RECORDS
(SEAL)
BILL NO. 39 of 1976
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(NOT PUBLISHED)City Commission action of April 1, 1976, under Parks Report 88, also see
Law Report 163/1976