HomeMy WebLinkAboutOrdinance 4343 ORDINANCE NO. 4343
AN ORDINANCE AMENDING §91 .16 OF THE CODE OF
FAYETTEVILLE, ARKANSAS BY REMOVING THAT SECTION'S
FLOWAGE FEE REQUIREMENT FOR AVIATION GAS DELIVERED
AND SOLD AT DRAKE FIELD WHEN THE CITY OF FAYETTEVILLE
IS ACTING AS THE FIXED BASE OPERATOR AND FURNISHING
FUEL TO AVIATION CONSUMERS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That §91 .16 (A) shall be amended by adding the following
language after: Fuel suppliers - Any person
"business entity, or organization, other than the City of Fayetteville,"
Section 2. That §91 .16 (B) shall be amended by adding the following
language after: Petroleum product distributors. Any petroleum product
distributor supplying aviation or automotive fuel
"to any person, business entity or organization other than the City of
Fayetteville."
PASSED and APPROVED this the 161hday of October, 2001 .
F '<� APPROVED:
far
B
✓ ' e y DAN COODY, r
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A
By:
Bather Woodruff, City rk
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NAME OF FILE: Ordinance No. 4343
CROSS REFERENCE:
10/16/01 Ordinance No. 4343
09/19/01 Memo to Mayor Coody & Fay. City Council Members, from Gary
Dumas, Utility Services Director/Interim Airport Manager, thru Staff
Review Committee
Copy of §91 . 16 of Code of Fayetteville, AR
Exhibit "A"
10/16/01 Staff Review Form
10/11 /01 E-mail from Maureen Hoover
10/29/01 Memo to Gary Dumas, Utilities Service Director, from Heather
Woodruff, City Clerk
NOTES :
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FAYETTEVII.LE • Du
THE CITY OF FAYETTEVILLE. ARKANSAS
DAN COODY, MAYOR
4500 School Ave., Suite F
Fayetteville, AR 73701
AIRPORT MANAGEMENT 501.716.7647
GARY DUMAS, ENVIRONMENTAL SERVICES DIRECTOR I AIPRORT MANAGER INTERIM
TO: Dan Coody, Mayor
Fayetteville City Council Members
FROM: Gary Dumas, Utility Services Director / Interim Airport Manager
THRU: Staff Review Committee
DATE: September 19, 2001
SUBJECT: City of Fayetteville Ordinance § 91 . 16 - Flowage Fees
Background : Title 9 - General Regulations of the City of Fayetteville Code of Ordinances (see
attached copy of the ordinance) orders that fuel supplier operators remit a .05 per gallon
flowage fee to the City for fuel delivered to the airport. Also, the wholesale Petroleum Product
Distributor is required to remit a .01 per gallon flowage fee. In the past, the Airport received a
combined total of .06 per gallon in flowage fee revenue from fueling operations at the airport.
The Drake Field Fixed Base Operator (FBO) was required to submit a monthly report to the
Airport Administration detailing the amount of fuel delivered to the airfield. The wholesale
distributor also was required to submit a corresponding report. This arrangement enabled
verification of records from both parties.
In, practice, the wholesale distributor would escrow the .01 fee, remit their portion of the total .06
flowage fee funds to the City, and invoice the Drake Field FBO operator for the amount.
Effectively, the airfield FBO operator was responsible for the total amount.
On August 1 , 2001 , the City took over the Drake Field FBO operation. As a mater of good
housekeeping , it is not practical for the fuel distributor to escrow the .01 fee, remit the funds to
the City, then issue the City an invoice for the amount. Nor is it practical for the City to pay
itself the .05 per gallon fee or maintain any records to that effect.
The wording of the ordinance does not differentiate the City from "any person supplying fuel at
the Fayetteville Municipal Airport." Therefore, in order to clarify the ordinance for the current
situation, and also to preserve its potential usefulness at some future time, changes to the
wording of the ordinance are needed.
The suggested new wording is attached for your review as: Exhibit "A"
Requested Action : Staff recommends approval of the attachedsasekitien .
GD/jn
Attachments: Copy of existing Ordinance § 91 . 16
Exhibit "A"
r
Airports and J4 cmit 7
carry any lighted cigarette, cigar, or pipe within the
5 91.16 FLOWAGE FESS; RECORDS TO BE KEPT, Fayetteville Municipal Airport Terminal.
(Ord. 3556, passed 7-2-91)
(A) IVel suppliers. Any person supplying aviation
fuel or automotive fuel at the Fayetteville Municipal
Airport shall pay to the city a flowage fee of $0.05 per
gallon for aviation or automotive fuel delivered to the 5 DIM PENALTY.
Fayetteville Municipal Airport. Such flowage fee shall
be in addition to the flowage fee imposed by division (A) Whenever in this chapter an act is prohibited
(B) of this section. The supplier shall keep accurate or is made or declared to be unlawful or an offense or
records reflecting the number of gallons of aviation or a misdemeanor, or whenever in such chapter the doing
automotive fuel delivered to Fayetteville Municipal of an act is required or the failure to do any act is
Airport each month and shall remit to the City Finance declared to be unlawful, and no specific penalty is
Department by the 10th day of each month the flowage provided therefor, the violation of any such provision of
fee payable under this section, together with copies of this chapter shall be punished by a fine of not more
the supplier's bills of lading for the preceding month than $500 or double that sum for each repetition of
reflecting the number of gallons delivered to the such offense, or violation; provided, no penalty shall be
Fayetteville Municipal Airport. greater or less than the penalty provided for the same
or a similar offense under the laws of the state. If the
(B) Petroleum product distributors. Any violation of this chapter is, in its nature, continuous in
petroleum product distributor supplying aviation or respect to time, the penalty for allowing the
automotive fuel at the Fayetteville Municipal Airport continuation thereof shall not exceed $250 for each day
(Drake Field) shall pay to the city a flowage fee of that the same is unlawfully continued. ('65 Code, § 1-
$0.01 per gallon of aviation or automotive fuel supplied 5) (Ord. 2128, passed 7-I5-75)
at the Fayetteville Municipal Airport (Drake Field). Said
supplier shall keep accurate records reflecting the (B) Any person convicted of violating § 91 .02(A)
number of gallons of aviation and automotive fuels shall be punished by a fine of not more than $500 or
supplied at the airport each month and shall remit to double that sum for each repetition of such offense.
the City Finance Director by the 10th day of the month ('65 Code, § 2A-2) (Ord. 2851, passed 9-7-82; Am. Ord.
the flowage fee payable under this section, together 2940, passed 9-12-83)
with a copy of said supplier's records for the
preceding month reflecting the number of gallons
supplied at the airport.
(C) Scheduled aircraft carriers providing own
fuel Any aircraft carrier providing its own fuel to its
own aircraft at the Fayetteville Municipal Airport
(Drake Field) shall pay to the city a flowage fee of
$0.05 per gallon on all aviation fuel and gasoline fuel
delivered to the Fayetteville Municipal Airport ('Drake
Field) each month. Such aircraft carrier shall present
the city with bills of lading for all fuel delivered to the
Fayetteville Municipal Airport (Drake Field) and remit
the appropriate general aviation and gasoline tax by
the 10th day of the succeeding month.
('65 Code, § 2A-12) (Ord. 2639, passed 6-30-80; Am.
Ord. 2733, passed 6-16-81 ; Am. Ord. 2874, passed
1A-83; Am. Ord. 3-69, passed 3-5-8S) Penalty, see
§ 91 .99
§ 81.17 SMOKING WITHIN AIRPORT TERMINAL.
It shall be unlawful for any person to smoke or
1992S-2
EXHIBIT A
Changes in italics
e
§ 91 . 16 Flowage Fees; Records to be kept
(A) Fuel Suppliers. Any person, business entity, or organization, other than the
City of Fayetteville, supplying aviation fuel or. . .
(B) Petroleum Product Distributor. Any petroleum product distributor supplying
aviation or automotive fuel to any person, business entity, or organization, other than
the City of Fayetteville, at the Fayetteville Municipal Airport. . .
STAFF REVIEW FORM
XX AGENDA REQUEST City of Fayetteville Ordinance § 91 . 16
CONTRACT REVIEW Flowage Fees
GRANT REVIEW
For the Fayetteville City Council meeting of October 16. 2001
------------------
FROM:
Gary Dumas Airport Environmental Services
Name Division Department
--------------------
ACTION REQUIRED:
Amend the City of Fayetteville Code of Ordinances: Title 9-General Regulations, § 91 . 16 (see changed wording attached---------------------------
)
-----------------------
COST TO CITY:
-0- $ N / A
Cost of this Request Category/Project Budget Category/Project Name
N / A $ N / A
Account Number Funds used to date Program Name
$ N / A Airport
Project Number Remaining Balance Fund
B T W: tb _ Budgeted Item _ Budget Adjustment Attached
of
Budget anger D6 Administrative Services Dir. Date
C TRACT/GygkNTILEASE REVIEW. ,
142 0 I
ountin Man er Dat Internal Au 0
or Date GRANTING AGENCY
Ci A they a ADA Coordinator Date
to at bt
Purchasing Officer Date Grants Coordinator Date
----------------------
STAFF RECOMMENDATION: Approval
scion H Date Cross Reference
D a to tt Dir t Date New Item: Yes No
10113101 Prev. Ord/Res#:
Admyfl trative S ices Di ctor Dat Orig Cont. Date:
/ Orig Cont #:
Ma or Date
CI
RECEIVED
OCT 0 4 2001
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
STAFF REVIEW FORM Page 2
Description: Meeting Date: October 16,2001
City of Fayetteville Ordinance § 91 .16
Flowage Fees
Comments:
Budget Manager Reference Comments:
Accounting Manager Reference Comments:
City Attorney Reference Comments:
.20 cs (s
Purchasing Officer Reference Comments:
Internal Auditor Reference Comments
ADA Coordinator Reference Comments:
Grants Coordinator Reference Comments:
Joan Blackard Pledge of Allegiance Page 1_ '
We
From: Maureen Hoover
To: Aaron Bleidt; Alissa Roberts; Amber Henson; Amy Redwine; Barb Pearce; Barbara
Fell; Barbara Olsen; Beff Ray; Bert Rakes; Bill Oestreich; Billy Austin; Bob Jordan; Brad Anderson;
Brant Warrick; Brenda Spencer; Brett Kincaid; Bruce Hauser; Cat Wallack; Cathy Bass; Cathy
Kautzer; Central EMS; Charles Saunders; Charlotte Manuel; Chuck Rutherford; Cindy Gipson; Clarice
Pearman; Clyde Randall; Connie Cramer; Connie Edmonston; Dale Frederick; Dan Coody; Dan
Coody; David Garcia; David Truax; David Whitaker; David Wright; Dawn Haskins; Dawn Warrick;
Deborah Coody; Denise Grizzle; Don Bunn; Don Elkins; Don Hancock; Dorothy Straub; Emelie
Harmon; Emma Badgley; Eric Schuldt; Falinda Duncan; Fjohnson@fpd.city.fay.ar.us; Gary Dumas;
Glenda Reynolds; Greg Boettcher; Greg Herman; Gregg Jewsbury; Harold Dahlinger; Heather
Woodruff; Holly Jones; Hugh Earnest; Ina Bell; James Nicholson; Jamie Bytheway; Jan West; Janet
Strain; Jason Drummond; Jason Teague; Jay Pense; Jesse Beeks; Jill Anthes; Jill Goddard; Jill Platt;
Jim Beavers; Joan Blackard; John Goddard; John Luther; John Nelson; Judy Housley; Karen
McSpadden; Kay Swanner; Keith Shreve; Kevin Santos; Kevin Springer; Kim Hesse; Kim Rogers; Kit
Williams; LaDawnya Cossey; Lana Broyles; Lance Fisher; Lesa Brosch; Linda Oestreich; Lindsay E
Waxler; Lou Powers; Mandy Finklea; Marla Dollar; Marsha Farthing; Mary Berry; Maureen Hoover; H
Melissa Terry; Michele Bechhold; Mike McKimmey; Minor Wallace; Municipal Mgmt Software
Interviews; Nancy Smith; Noah Minard; Pam Henson; Pat Rogers Rogers; paul justus; Paul Libertini;
Peggy Vice; Perry Franklin; Planning Calendar; Preston Hammons; Randall Brumfield; Randy Zurcher;
Reginald James; Rena Williams; Renee Baker; Renee Thomas; Richard Cochrac; Rick Hoyt; Robyn
DeVore; Ron Petrie; Ronnie Caudle; Room 038A; Room 313; Sara Edwards; Sarah Terry; Scott
Caldwell; Scott Huddleston(.. .)
Date: 10/11 /01 2:13PM
Subject: Pledge of Allegiance
Tomorrow (Friday, Oct. 12th) at 1 pm, Mayor Coody will be leading interested City of Fayetteville
employees and other concerned citizens in the Pledge of Allegiance on the plaza of the Town Center.
This is part of a national effort organized by Celebration USA to show our patriotism. Anyone interested in
participating should come to the Town Center Plaza at approximately 12:45pm so that we can begin at
exactly 1 pm. Please pass the word along to any who may be interested. As stated by Education
Secretary Rod Paige, "We can send a loud and powerful message that will be heard around the world."
Hope to see all of you there!
Maureen Hoover
Community Affairs Director
City of Fayetteville--Community Affairs
501 .575.8253
501 .575.8257 (fax)
mhoover@ci.fayetteville.ar.us
FAYETTEV ,LE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Gary Dumas, Utilities Service Director
From: Heather Woodruff, City Clerk
Date: October 29, 2001
Attached is a copy of Ordinance No. 4343 amending Title 9-General Regulations §91 . 16 of the
Code of Fayetteville. The original will be microfilmed and filed with the City Clerk.
M
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cc: Nancy Smith, Internal Audit
Dale Frederick, Airport
015 03 23tof Fayetteville 10 / 24 / 2001
7 / 01 / 2001 - 8 / 31/ 2001 4 Maintenance / Inquiry • 15 : 19 : 31
Exp . . : - 9 Matches
Cont . : - ORD Sel - ( B =Browse )
Sel Ref . Date Item Action Brief Description ( P =Print )
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
_ ORD 710342001 4325 ADO1 - 12 / ZONING DISTRICT/AMENDMENT
_ ORD 7 / J1 / ZUui PHILLIPS 66 CO/WAIVING REQUIREMENTS
_ ORD 8 / 07 / 2001 4327 SPECIAL ELECTION/WASTEWATER TREATMN
_ ORD 8 / 07 / 2001 4328 CLIFFS/ PARK LAND/MONEY IN LIEU
_ ORD 8 / 07 /2001 4329 RZN 01 - 10 /MCDONALD/461 TOWNSHIP
_ ORD 8 / 07 /2001 4330 RZN 01 - 12 /REINDL/ 509 SPRING STREET
_ ORD 8 /21/ 2001 4331 ANX 01 - 2 /CROSS CREEK/ SUNSHINE RD
_ ORD 8 /21/ 2001 4332 RZN 01 - 11 /CROSS CREEK/SUNSHINE
ORD 8 / 21/ 2001 4333 RZN 01 - 13 /HCL PROPERTIES/LINDSEY
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