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22-1966ORDiNANCE NO 22-1966 AN ORDINANCE OF THE CITY OF DENTON ADOPTING A SCHEDULE OF FEES FORCITY OWNED PROPERTY AND FACILITIES LOCATED AT THE DENTON ENTERPRISEAIRPORT; SUPERSEDING ALL PRIOR ORDINANCES ESTABLISHING FEES INCONFLICT WITH SUCH SCHEDULE; PROVIDING FOR SEVERABILITY; ANDDECLARING AN EFFECTIVE DATE WHEREAS, Denton Enterprise Airport (the “Airport”) operates under the guidance of the Federal Aviation Administration (“FAA”) and the FAA recommends airports establish rates and fees associated with the use of airport land; and WHEREAS, in accordance with Section 3-116 to 3-117 of the City of Denton Code of Ordinances, any fee for the use of City property must be adopted by City Council; and WHEREAS, the City Council finds that the fees imposed are in the public interest; and WHEREAS, on May 1, 2018, City Council approved the adoption of an ordinance establishing an Airport Rates and Fees Schedule; and WHEREAS, at the September 14, 2022 meeting of the Airport Advisory Board, the Board recommended that the City approve the amendment to Airport Rates and Fees Schedule by a voteof 5 to 0; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The charges for property and facilities upon Denton Enterprise Airport shall be as indicated in Exhibit 1, Airport Rates and Fees Scheduled, attached hereto; and SECTION 3. The Airport Rates and Fees Schedule shall be updated from time to time to ensure Airport property and facilities are producing fair market value; and SECTION 4. The provisions of this ordinance are severable, and the invalidity of any phrase or part of this ordinance shall not affect the validity or effectiveness of the remainder of this ordinance. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portion of this ordinance,and City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 5. Ordinance 18-683 and all other prior conflicting fee schedules are hereby superseded and repealed, but only insofar as the portion of such prior ordinance shall be in conflict;and as to all other sections of the ordinance not in direct conflict herewith, this ordinance shall be and is hereby made cumulative except as to such prior ordinances or portions thereof as are expressly repealed hereby. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this b AIISon MaJ following vote K - a: lrdinance was made by and seconded luire , the ordinance was passed and approved by the Aye,/ b/ b/ pa t/ Z/ Nay Abstain Absent Gerard Hudspeth, Mayor:Vicki Byrd, District 1 :Brian Beck. District 2:Jesse Davis. District 3 : Alison Maguire, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED thi, th, 27hd,y ,f 2022 GERARD HUDSPETH, MAYOR ATTEST ROSA RIOS, CITY SECRETARY nIS11111/II . _ afi>n piTpl , APPROVED AS TO LEGAL FORM MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella LunnDN: cn=Marcella Lunn, o, ou=Cityan.com. c=US Date: 2022.09.19 09:31 :02 -05'00' BY: M.Xf,\U\of Denton. fU_xnail=maKella,lunn@cityofdento) DENTON ENTERPRISE AIRPORT DENTONENTERPRISEAIRPORT EW\nmbDENTONRATES AND FEES SCHEDULE Access Card Fee (new or replacement) ....................................................... $20.00 Aircraft Storage Fees Quebec T-Hangar Units A & B ........................................................ $600.OC)/month Quebec T-Hangar Units C & E ........................................................ $400.00/month Quebec T-Hangar Unit D................................................................. $350.00Anonth Quebec Box Hangars ...................................................................... $525.00/month Airport Development Application Fee ......................................................$1 ,000.00 Airport Hourly Rate...............................................................................$48.82/hour (Rate for staff escorts and repairs) Airport Terminal Meeting Room Facility Use Fee ...................................................................................$30.00/hour Security Deposit (at the discretion of the Airport Manager) . ............... $100.00/reservation (Fees may be waived for non-profit aviation related groups, emergency services, and citydepartments) Aviation Fuel Delivery Fee Fixed Base Operator ........................................................................... $0.17/gallon Private Use.......................................................................................... $0.29/gallon (Fee in-lieu of specific lease agreement fuel fees) Building and Land Lease Rates .................... Based on Appraisal & CPI Increases Lease Assignment Processing Fee.........................................................$1 ,000.00 September 27, 2022