14.24.030 - Landing fees, fuel flowage, and airline reporting procedures.
A. Each aircraft operating under F.A.R. Parts 121 and 135 shall pay airport landing fees as set forth in the respective airline agreement ("signatory agreement"), or if not a party to a signatory agreement, one hundred twenty-five percent of the rates charged within the most recent signatory agreement. Such fees do not apply to flights which depart from the airport and return for emergencies, weather, or other reasons without landing at another airport.
B. In tabulating weights, the weights of each aircraft shall be the certified maximum gross landing weight as computed by the manufacturer and the Federal Aviation Administration. If the exact certified maximum gross landing weight cannot be determined, the air carrier may refer to the Burns & McDonnell Aircraft Characteristics book to report landing weight.
C. An air carrier operator that does not have a signatory agreement on file with the El Paso International Airport shall pay a non-signatory premium of one hundred twenty-five percent of terminal and landing fees as set forth in the most current annual airlines rates and charges.
D. Any person, corporation, partnership, association, or business entity of any kind who brought fuel to a fuel storage tank or who brought fuel obtained from a source not on the airport directly into any aircraft on the airport must pay the fuel flowage charge as established in Schedule C of the city's annual budget resolution, as amended, unless otherwise determined in any respective, executed lease agreement with the city. Military aircraft conducting operations which require fueling from U.S. Government facilities and aircraft that operate under F.A.R. Parts 121 and 135 and were assessed a landing fee are exempt from fuel flowage fees.
E. As a condition precedent to the right to use and occupy the airport, each commercial air carrier shall furnish to the director or designee a report, duly certified as true and correct by the person delegated by the carrier as its official representative having custody of its records, containing the number of its flights which have landed at the airport during the preceding month, together with the manufacturer, type and landing weight of each of its aircraft landing at the airport; the volume of cargo, mail and express carried; and the number of enplaning and deplaning passengers on its flights during said month by the tenth day of each next subsequent month unless otherwise outlined in a signatory agreement. The director or designee shall have the right to prescribe and furnish forms for the making of all reports required to be made by this subsection. Any carrier under reporting or failing to report is subject to reimbursing the airport any amounts due, including interest and administrative costs.
F. After receipt of the report specified in subsection E of this section or as soon thereafter as practicable, the director or designee shall send an invoice to each commercial air carrier making a report. Payment by the carrier shall be made within thirty days of the date of the invoice unless otherwise outlined in a signatory agreement.
G. It is unlawful and a violation of this chapter for any person to operate an aircraft of a commercial air carrier unless it provides assurance satisfactory to the director or designee that the fees prescribed in this section have been or will be paid.
(Ord. No. 19007, § 1, 12-17-2019)
