Sec. 4-79. Rental car customer facility charge.
A. All on-airport rental car companies who lease space at Phoenix Sky Harbor International Airport, and all off-airport rental car companies who obtain customers through the Sky Harbor Rental Car Center ("RCC"), shall collect a daily customer facility charge ("CFC") of six dollars per transaction day per vehicle from all Sky Harbor Airport customers. A transaction day means a car rented for twenty-five or fewer hours for the first transaction day, and every twenty-four hours for each transaction day thereafter. The CFC shall not apply to rentals that originate from fixed base operators.
B. All CFC’s collected by all vehicle rental companies are and shall be trust funds held by the vehicle rental companies for the benefit of the City. Vehicle rental companies and their agents hold only a possessory interest in the CFC’s, and no legal or equitable interest. All vehicle rental companies shall segregate, separately account for and disclose all CFC’s as trust funds in their financial statements, and shall maintain adequate records that account for all CFC’s charged and collected. Failure to segregate the CFC’s shall not alter or eliminate their trust fund nature. The City shall have the right to audit the CFC records upon reasonable notice.
C. All vehicle rental companies shall remit all CFC’s that were collected or should have been collected from its airport customers on a monthly basis to the City together with the monthly statement of transactions and transaction days to a lockbox location designated by the City. The CFC’s shall be remitted by the last day of the month following the month the CFC’s were collected. Failure to strictly comply with this subparagraph shall be considered a material breach of the vehicle rental company’s authorization to do business at the airport.
1. The CFC’s shall be used to pay, or reimburse the City, for the costs associated with the RCC consolidated rental car facility which shall be located in Sky Harbor Center, and for the costs of related transportation facilities and equipment. Any or all of the CFC’s may be pledged to the punctual payment of debt service on obligations issued by or on behalf of the City for the cost of the consolidated rental car facility RCC and related transportation facilities and equipment, and to create and maintain reasonable reserves. Eligible costs for the consolidated rental car facility RCC shall include all costs, fees, and expenses associated with the planning, design, equipping, construction, other related costs for the development or acquisition of the RCC consolidated car rental facility, and for capital improvements to the RCC. Eligible costs for the related transportation facilities and equipment shall include operating costs in addition to the foregoing costs. Any or all of the CFC’s may be deposited with an eligible depository or held in trust by a trustee pending application as authorized by this Section.
D. The RCC consolidated rental car facility and related improvements are designated as "special purpose facilities" for purposes of Ordinance No. S-21974, as amended, Master Airport Revenue Refunding Bond Ordinance.
E. This Section is hereby adopted pursuant to the laws of the State of Arizona, including, without limitation, Arizona Constitution, Article XIII; Title 9 and Article 6, Chapter 25, Title 28, Arizona Revised Statutes, as amended; and the City of Phoenix Charter. (Ord. No. G-4375, § 2, 2001; Ord. No. G-4418, § 3, 2002; Ord. No. G-4530, §§ 1, 2, 2003; Ord. No. G-4764, § 1, 2005; Ord. No. G-5272, § 1, 2008; Ord. No. G-5360, § 1, 2009)