HomeMy WebLinkAboutOrdinance No. 2427-2009Eheu of
KENALALASKA
CITY OF KENAI
ORDINANCE NO. 2427 -2009
Suggested by: Council
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 2105.085 AMENDING THE FUEL FLOWAGE FEE TO EXCLUDE FUEL
DELIVERED TO THE AIRPORT SOLELY FOR TRANSPORT OFF THE AIRPORT FOR
DELIVERY OR RESALE TO ANOTHER ENTITY.
WHEREAS, the City of Kenai is the owner and operator of the Kenai Municipal Airport;
and,
WHEREAS, the City of Kenai has adopted a fuel flowage fee of $0.02 per gallon for fuel
delivered to the airport; and,
WHEREAS, fuel flowage fees are a common user fee to raise money for airports to be
as self-sustaining as possible as required under 49 USC ##47107; and,
WHEREAS, a significant portion of the fuel delivered to the Kenai Municipal Airport is
for transport outside of the airport rather than used by aircraft taking off from the
airport; and,
WHEREAS, unlike Kenai, most airports do not have a significant portion of the fuel
delivered to the airport intended for delivery off the airport for resale or delivery to
another entity; and,
WHEREAS, the fuel flowage fee should not be charged for fuel delivered to the airport
solely for delivery off the airport to be delivered or resold to another entity; and,
WHEREAS, it is in the best interest of the citizens of the City of Kenai and the Kenai
Municipal Airport to exclude such fuel from the fuel flowage fee.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that Kenai Municipal Code 21.05.085 is hereby amended as follows:
21.05.085 Fuel Flowage Fee
(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 (S0.02) for each gallon of fuel; 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.
(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
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2427 -2009
Page 2 of 2
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.
(b) On or before the fifteenth (15th) day of each month, each person, firm, or
corporation delivering fuel as designated in this section shall deliver to the City of
Kenai Finance Department a statement showing the type of fuel, and the number of
gallons delivered in the previous month, to whom delivered, and the amount due the
City of Kenai under this section, and remit the statement with the amount due. The
City of Kenai shall prepare statement forms for reporting and payment of fuel flowage
fees.
(c) Any person, firm or corporation delivering fuel to the Kenai Municipal Airport
shall furnish within ten (10) days of request by the Kenai Airport Manager all delivery
tickets, purchase invoices or other records necessary to conduct any audit to
determine compliance with the requirements of this section.
(d) The funds derived from fuel flowage fees shall be utilized solely for the
maintenance, operation and improvement of the Kenai Municipal Airport
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th. day August,
2009.
ATTEST:
Carol L. Freas, City Clerk
PAT PORTER, MAYOR
New Text Underlined; [DELETED TEXT BRACKETED]
Introduced: August 5, 2009
Adopted: August 19, 2009
Effective: October 1, 2009