HomeMy WebLinkAboutOrdinance No. 3464-2025"'OX
KENAI
CITY OF KENAI
ORDINANCE NO. 3464-2025
Sponsored by: Administration
AN ORDINANCE AMENDING KENAI MUNICIPAL CODE 21.05.085 - AIRPORT FUEL FLOWAGE FEE,
TO REMOVE THE SET AMOUNT IN CODE AND INSTEAD REFER TO THE ANNUALLY UPDATED
SCHEDULE OF RATES, CHARGES AND FEES.
WHEREAS, Kenai Municipal Code 21.05.085 - Airport Fuel Flowage Fee, establishes a fee for fuel
flowage; and,
WHEREAS, the fuel flowage fee is also established in the Schedule of Rates, Charges and Fees; and,
WHEREAS, removing the exact amount of the fuel flowage fee from code and referring to the rate
established in the Schedule of Rates, Charges and Fees eliminates the opportunity for conflict between
the two sources of information and allows the fuel flowage fee to be reviewed annually and updated if
necessary; and,
WHEREAS, the funds derived from fuel flowage fees are used solely for the maintenance, operation, and
improvement of the Kenai Municipal Airport; and,
WHEREAS, the fuel flowage fee will continue to be charged and used for the Kenai Municipal Airport;
and,
WHEREAS, the fuel flowage fee will continue to be updated periodically in the Schedule of Rates,
Charges and Fees; and,
WHEREAS, the Airport Commission recommended approval at their regularly scheduled meeting on April
10, 2025.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. Amendment of Section 21.05.085 of Kenai Municipal Code: That Kenai Municipal Code,
Section 21.05.085 - Airport Fuel Flowage Fee, paragraph (a) is hereby amended as follows:
(a) Any person, firm or corporation who delivers aviation gasoline, motor vehicle gasoline, diesel fuel,
kerosene, aviation jet fuel or like substance (hereafter referred to as fuel) to any person, firm or
corporation at the Kenai Municipal Airport shall pay a fuel flowage fee [OF TWO CENTS ($0.02) FOR
EACH GALLON OF FUEL] as established in the City's Schedule of Rates -Charges and Fees; provided
that fuel delivered to the airport solely for transport off the airport for delivery or resale to another
entity is not subject to the fuel flowage fee.
Section 2. SeverabiliIY7 That if any part or provision of this ordinance or application thereof to any
person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part, provision, or application directly involved in all controversy in
which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder
of this title or application thereof to other persons or circumstances. The City Council hereby declares
that it would have enacted the remainder of this ordinance even without such part, provision, or
application.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3464-2025
Page 2 of 2
Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days
after enactment. I '-,
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, TW07T" DAY
Vice Mayor
Introduced: April 16, 2025
Enacted: May 7, 2025
Effective: June 6, 2025
New Text Underlined; [DELETED TEXT BRACKETED]
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City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1 907.283.75351 www.6nai.city
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Derek Ables, Airport Manager
DATE: April 7, 2025
SUBJECT: Ordinance No. 3464-2026 - Amending Kenai Municipal Code 21.05.085 -
Airport Fuel Flowage Fee, to Remove the Set Amount in Code and Instead
Refer to the Annually Updated Schedule of Rates, Charges and Fees.
This memo supports removing the exact amount of the fuel flowage fee from code and referring
to the rate established in the Schedule of Rates, Charges and Fees. This eliminates the
opportunity for conflict between the two sources of information and allows the fuel flowage fee to
be reviewed annually and updated if necessary.
If approved Section 21.05.085, paragraph (a) of Kenai Municipal Code- Airport Fuel Flowage Fee,
will be amended as follows:
(a) Any person, firm or corporation who delivers aviation gasoline, motor vehicle gasoline,
diesel fuel, kerosene, aviation jet fuel or like substance (hereafter referred to as fuel) to any
person, firm or corporation at the Kenai Municipal Airport shall pay a fuel flowage fee [OF
TWO CENTS ($0.02) FOR EACH GALLON OF FUEL] as established in the City's Schedule of
Rates. Charges and Fees; Fees; provided that fuel delivered to the airport solely for transport off
the airport for delivery or resale to another entity is not subject to the fuel flowage fee.
Thank you for your consideration.