HomeMy WebLinkAboutOrdinance 4939 ORDINANCE NO. 4938
AN ORDINANCE AMENDING § 91 . 15 : AIRPORTS AND
AIRCRAFT, CODE OF FAYETTEVILLE, TO ADJUST THE PER
GALLON FLOWAGE FEE ON ALL AVIATION FUEL AND
GASOLINE SUPPLIED AT THE FAYETTEVILLE MUNICIPAL
AIRPORT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 . That § 91 . 15 is hereby repealed in its entirety, and the following is inserted in its
stead :
§ 91.15 Flowage Fees; Records To Be Kept
Fuel suppliers. Any person, business entity, or organization, other than the city,
supplying aviation fuel or automotive fuel at the Fayetteville Municipal Airport shall
pay to the city a flowage fee of $0. 10 per gallon for aviation or automotive fuel
delivered to the Fayetteville Municipal Airport. The supplier shall keep accurate
records reflecting the number of gallons of aviation or automotive fuel delivered to
Fayetteville Municipal Airport each month and shall remit to the city finance
department by the 10th day of each month the flowage fee payable under this section,
together with copies of the supplier's bills of lading for the preceding month
reflecting the number of gallons delivered to the Fayetteville Municipal Airport.
PASSED and APPROVED this 17`i' day of October, 2006. ` ��•��RKjT`RFs°���
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APPROVED: ATTEST:
° FAYETTEVILLE ;
By. By:� 9N:QGKAN5
DA OODY, Mayor SMITe
City of Fayetteville
Staff Review Form
City Council Agenda Items #mma( gl/ IJ
or
ContractsIOp275 ,
10/17/2006 A Int
City Council Meeting Date
Ray M. Boudreaux Aviation & Economic Development General Government
Submitted By Division Department
Action Required :
Action Required : Approve an Ordinance to increase the Fayetteville Municipal Airport Fuel Flowage Fee for entities
supplying aviation fuel at the airport.
Revenue
$ 5,000.00 $ 36,000.00 Chrgs-Sery
Cost of this request Category / Project Budget Program Category / Project Name
5550.0955.4456.00 $ 20, 165.00 Airport Revenue
Account Number Funds Used to Date Program / Project Category Name
NA $ 15,835.00 Airport
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
2733, 2874
Previous Ordinance or Resolution # 3069, 4343
L � �o �
Department irector Date Original Contract Date:
- e Zg OS Original Contract Number:
�D D WaJ,
City Attorney ` Date
Received in ity Clerk Office
, n ENTERED
Finance and Internal Service Director Date
Received in Mayor's Office
G O y/ �Ia
Mayor Date
Comments:
City Council Meeting of. October 17, 2006
Agenda Item Number:
CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO
TO: Mayor and Members of the City C 1
THRU: Staff/Contract Review Comrm tee
FROM, Ray M. Boudreaux, Director, Aviation and c nomic Development
DATE: September 29, 2006
SUBJECT: Approval of increase to the Airport fuel flowage fee and change to the
Ordinance establishing same.
RECOMMENDATION: Approval of the ordinance to increase fuel flowage fee charged to
any person, business entity, or organization, other than the City of Fayetteville, supplying
aviation or automotive fuel at the Fayetteville Municipal Airport. The Airport Board
recommended this action at their September 13, 2006 meeting. Signature of the Mayor.
BACKGROUND: One of the customary ways for airport to receive revenue from the
activity on the airport is the Fuel Flowage Fee. The fee was first established by Ordinance
June 30, 1980 and subsequently modified several times. The most recent modification was
in October of 2001 which made clear who would pay the fee. The last time the fee itself was
changed was March of 1985. Currently, the fee is established at $.06 per gallon. The
purpose of this item is to increase the fuel flowage fee to $.10 per gallon.
DISCUSSION: When the airport entered into a contract for FBO services with Million Air,
they agreed to a flowage fee of $.10 per gallon and they have been paying that amount since
they opened in September 2005. This action will put into law the fee at the currently
established rate. The rate of $. 10 per gallon, which is an amount equal to the fuel flowage
fee charged by other airports in the region, represents an increase of $.04 per gallon (ASG-
$.11; ROG-$.10; FSM-$.10). At the rate of 500,000 gallons a year, the fee will generate
$50,000.00 for the airport fund. The new rate will go into effect January 1, 2007.
BUDGET IMPACT: There will be no expense associated with this action. Revenue to the
airport fund from flowage fees should increase by approximately $5,000.00 for the year 2007
at the current level of sales.
Attachments: Staff Review Form
Draft Ordinance
Current Ordinance
Aviation and Economic Development Department
Fayetteville Municipal Airport, Drake Field
4500 South School Avenue, Suite F
Fayeneville, Arkansas 72701
Ray M. Boudreaux, Director
ORDINANCE NO.
AN ORDINANCE AMENDING §91 . 15 : AIRPORTS AND AIRCRAFT, CODE OF
FAYETTEVILLE, TO ADJUST THE PER GALLON FLOWAGE FEE ON ALL
AVIATION FUEL AND GASOLINE SUPPLIED AT THE FAYETTEVILLE
MUNICIPAL AIRPORT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 . That §91 . 15 is hereby repealed in its entirety, and the following is inserted in its
stead:
§91.15 Flowage Fees; Records To Be Kept
Fuel suppliers. Any person business entity, or organization, other than the city,
supplying aviation fuel or automotive fuel at the Fayetteville Municipal Airport shall
pay to the city a flowage fee of $0. 10 per gallon for aviation or automotive fuel
delivered to the Fayetteville Municipal Airport. The supplier shall keep accurate
records reflecting the number of gallons of aviation or automotive fuel delivered to
Fayetteville Municipal Airport each month and shall remit to the city finance
department by the 10th day of each month the flowage fee payable under this section,
together with copies of the supplier's bills of lading for the preceding month
reflecting the number of gallons delivered to the Fayetteville Municipal Airport.
PASSED and APPROVED this 17`h day of October, 2006.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
�kSINfSS ¢ I � r1T�/ � .of Or'Pubiti_ A-rffin t ,� rftar -titan -Yt+,-e'
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cop CiTy 0Rb , WWCe*4343 Airports and Aircraft 7
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carry any lighted cigarette, cigar, or pipe within the
L 91.16 FLOWAGE FEES; RECORDS TO BE SEPT. Fayetteville .Municipal Airport TerminaL
f` (Ord. 3SS6, passed 7-2-91)
(A) Fuel suppbers.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 4 91.99 PENALTY.
Fayetteville Municipal Airport. Suchflowage 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 $Soo 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 produc_tstributdr supplying. aviation or respect to time, the penalty for allowing the
;moi automotive fuel `e Fayetteville Municipal Airport continuation thereof shall not exceed $250 for each day
k., r ll ,.
(Drake Field) shall pay tothe city a flowage .fee of that the same is unlawfully continued. ('65 Code, 4 1 - . .
$0.01 per gallon of aviation or automotive fuel supplied 5) (Ord. 2128, passed 7-15.75)
at the Fayetteville Municipal Airport (Drake Field). Said
supplier shall keep accurate records reflecting the ( ) 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 l Oth day of the month ('65 Code, § 2R-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 ,( t eatiiki xl eN er(
supplied at the airport. TIT., b s
rDRJAN12Aflt. a? OTI+ b?L thhn 7ftic(
(C) Scheduled aircraft carriers providing own �� Fq*zrtCdilfe ►
fuel. Any aircraft carrier providing its own fuel to its V� s
own aircraft at the Fayetteville Municipal Airport ,.flzt�?yltNG�
(Drake Field) shall pay to the city a flowage fee of sr,:
$O.OS 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 .
('6S Code, § 2A-12) (Ord 2639, passed 630.80; Am.
Ord. 2733, passed 6-16-81 ; Am. Ord. 2874, passed
14-83; Am. Ord. 3-69, passed 3-5-95) Penalty, see
§ 91 .99
§ 91.17 SMOKING WITH N AIRPORT TERMINAL.
It shall be unlawful for any person to smoke or
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ORDINANCE NO. 4343
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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 16th day of October, 2001 .
APPROVED:
By:
DAN COODY, r
ATTEST:
By:
AeaerWoodruff, City rk
-- ---- --------------------------- - ......
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FILED
FOR CECORD
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VlhSHE GiON 0UIITYAR I
ORDINANCE ND. ALMA KOLLAEYER
3069 CIRCIT SLERK
AN ORDINANCE AMENDING SECTION 2A-12 OF THE FAYE'M-
VILLE CODE OF ORDINANCES TO PROVIDE FOR THE PAYMENT
OF A FIVE ( 5 ) CENT PER GALLON FLOWAGE FEE BY ANY
SCHEDUULED AIRCRAFT CARRIERPROVIDING ITS Om AVIATION
FUEL AT THE FAYETTEVIL.LE MUNICIPAL AIRPORT.
BE TT ORDAINED BY THE BOARD OF DnmvroR.S OF TBE CITY OF FAYE IEVIu,
ARRAHSAS: j
Section 1 . That Section 2A-12 of the Fayetteville Code of
Ordinances is hereby amended by adding Paragraph (c ) to read as follows :
(c ) Scheduled Aircraft Carriers Providing Own Fuel. Any
scheduled 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 five ( 5 ) cents
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.
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PASSED AND APPIUVED this 5 th day of March 1985.
APPROVED
AYI
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" Mayor, .
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ORDINANCE N0 . " '2874
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AN ORDINPNCE .AMENDING SECTION 2A- 18 (b) OF THE FAYETTEVILLE
CODE OF ORDINANCES TO INCREASE FLOWAGE FEES AT THE
FAYETTEVILLE MUNICIPAL AIRPORT FROM ONE CENT PER GALLON
TO SIX CENTS PER GALLON .
• I
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
Section 1 . That Section 2A- 18 (b ) of the Fayetteville Code
of Or in�is hereby amended by increasing the flowage fee
prescribed thereby from one cent per gallon to six cents per 4
gallon .
t
Section , 2 . The Board of Directors hereby determines that
an increase in revenues at the Fayetteville Municipal Airport
is necessary for the safe and efficient operation of said
airport ; that safe and efficient operation of the airport is
essential to the public welfare ; and that the passage of this
ordinance is necessary to increase revenues and provide safe
and efficient operation of the airport . Therefore , an emergency
is hereby declared to exist and this ordinance being necessary
for the public welfare shall be in full force and effect on
January 1 , 1983 .
PASSED AND APPROVED this d2/S7- day of � oBFe , 1982 .
APPROVED :
BY :
Mayor
ATTEST :
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BYGGCL •
City Clerk
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FgEwK rrEv"'it f,0WNDF1 STATE of ARKANSAS
ORDIf1ANCBR�"t�7GtE�SFf , . e� -
RCounty of Washington '
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P rt �p� aL hereby certify , � I
tYp ` B m the publisher of THE NORTHWEST ARKANSAS TIMES, adally newsl. -' r
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let having a second class malling privilege, and being not less than four pages of
; imam �TF7i ;iq-Wi five columns each, published at a fixed place of business and at a fixed (daily)
iW'alynef•t f w "Cateot: intervals continuously in the qty of Fayetteville, County of Washington, Arkansas
-0 Whanees;Jta•reDY eed:
C for more than a period of twelve months, circulated and distributed from an
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?p"•vla•a Mar•Iwrhm thria = established place of business to subscribers and readers generally of all classes
:cern P•r taalton to sl>c cema per in the City and County for a definite price for each copy, or a fixed price per
'� 5'3
annum, which price was fined at what Is considered the value of the publication,
r �^h: - based upon the news value and service value It contains, that at least fifty percent
-that an increase in revenues at.. of the subscribers thereto have t p papa
f.ttte :FayetW1Nr Munkipal Pa dcashforthelrsubscH tions to the newspaper
FAlrpart K hql o ry; let'.. Me ; or its agents or through recognized news dealers over a period of at least six
uN aha-eTtielerit.eperatfon
of months; and that the said newspaper publishes an average of more than forty
1' •ff Nrperrf'rh,t1 s4ta'�' .
•end•nt pp�rirlelsti avi.�}ni* percent news matter.
�.trpx�tt�s,•ntfalfo .pWlicl .
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ok1M[, LatiaZik:faF I further certify that the legal notice hereto attached In the matter of
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Tion M Ma p'. 7Mi+et0m;
tannnena .her.oy;:w .
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11eW'man,n. mtuu; was published In the regulardally issue of said newspaperfor�
consecutive Insertions as follows: {I
` Yad�aa4`gC7 '�X}tg The first . insertion on the O day of 19 O3
ir� .s5a. 7t '<@t.t td . the second insertion on the day of 19
fa " a NM, c the third Insertion on the day of
and the fourth , insertion on the Tda y �f19
' I�VyN�,'/(t,Jvwi!_1 _���.A 1/ � sl�t,1(_�f't'_►-",E� '
• rn to and subscribed before me on this day of
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Notary kublic
My Commission Expires:
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Fees for Printing _S ,� /e6 "
Cost of Proof _ S
Total _ S
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ORDINANCE NO . �FJ ✓ _ r�O r ORC
o , L,�G
AN. ORDINANCE AMENDING CHAPTER 2A OF THE
CODE OF ORDINANCES TO RPOVIDE FOR PAYMENT
_ FEE BY SUPPLIERS OF AVIATION FUEL WHO ARE NO'i1:?g�H,$6� r "k�
AS FIXED BASE OPERATORS .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
OF FAYETTEVILLE, ARKANSAS :
Section 1 . That Chapter 2A of the Fayetteville Code of
Ordinances is hereby amended by adding Section 2A-18 to read
as follows :
.. Sec . 2A-18 . Flowage fee
g payable by aviation fuel
_ suppliers not licensed as fixed base operators .
Any person supplying aviation fuel at the - Fayetteville
Municipal Airport (Drake Field) who is not licensed
- - ander this Article as a Fixed Base Operator shall
pay to the City a flowage fee of three cents per gallon -
of aviation fuel supplied to any airplane at the
Fayetteville Municipal Airport (Drake Field) . Said
supplier shall keep accurate records reflecting the.
'- - -• number of gallons of aviation fuel supplied to
airplanes at the Fayetteville Municipal Airport (Drake '
Field) each month and shall remit to the City Finance
Director by the 10th of the month the flowage fee -payable
under .this Section, together with a copy of said supplier ' s
records for the preceeding month reflecting the number
of gallons supplied to airplanes at the Fayetteville
lMunicipal Airport (Drake _Field) .
Section 2 . The Board of Directors hereby determines the
airport ' revenues are not sufficient to provide adequate funds
to properly operate and maintain said airport; that proper
operation and maintenance of the airport is essential to the
public welfare, and that the passage of this ordinance is
necessary to pxovide additional funds for the proper operation
and maintenance of the airport. Therefore , an emergency is 1 �
- 'a_•e9 ^° ."A^ -'arc,^ hereby declared and this ordinance being necessary for the
public health, safety and welfare shall be in full force and .
effect from and after its passage .
PASSED AND APPROVED this day of , 1980 ,
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APPROVED :
' +ekJ'nig`:ta+?,,"^!Fi`J.ti!S'�?.`s.'w'Yl'•cN�s+^233X .. / )� / l /�(�� . i
. .�'•"". . ASSISTANT NAYOR .
ITY_ CLERK _ "
1
®1017 433
v.: 3 8 4
( 10.24.06) Olarice Pearman - Ord. 4938 - —Page i
From: Clarice Pearman
To: Boudreaux, Ray
Date: 10.24.06 12:38 PM
Subject: Ord. 4938 -
Attachments: 4938 Amend 91 . 15.pdf
CC: Audit
Ray,
Attached is a copy of the above ordinance passed by City Council, October 17, 2006. If anything else is needed please let
me know. Have a good day.
Thanks.
Clarice