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R-10490ATTACHMENT D4 City Council Meeting: Santa Monica. California RESOLUTION NUMBER 10`0 {CCS} {City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING THE AMOUNT FOR FUEL FLOWAGE FEES FOR THE SALE OF AVIATION FUELS AT THE SANTA MONICA MUNICIPAL AIRPORT WHEREAS, the municipal airport facilities and property of the City of Santa Monica are for use by the public; and WHEREAS, it is the policy of the City of Santa Monica to charge for the use. of City facilities and property when such use benefits individuals rather than the community as a whole; and WHEREAS, the Santa Monica Municipal Code authorizes the City to establish rental and user fees for services, for opportunities provided by the Gity to individuals rather than the general public, and for commercial and other uses of public property by individuals and groups, and further authorizes setting the amount of such fees by resolution; and WHEREAS, Section 10.04.06.140 of the Municipal Code provides that the- City Council may by Resolution establish a "fuel flowage fee" to be paid to the City 1 ATTACHMENT D4 by all persons or entities supplying fuels to be used, dispensed, or sold at the Airport by persons or entities other than the City; and WHEREAS, the City under its agreements with fuel suppliers at the Airport may adjust and revise fuel flowage fees to rates that are comparable with neighboring municipal airports within 100 miles; and WHEREAS, Federal law recognizes that the City, as owner and operator of the Airport, may set reasonable fuel flowage fees; and WHEREAS, in July of 2007, the City Council adjusted the fuel flowage fee for Jet A Fuel from $0.06 per gallon to $0.08 per gallon, and the fee for AvGas from $0.03 per gallon to $0.04 per gallon; and WHEREAS, in March of 2010, Airport staff conducted its regular review of neighboring general aviation airports' fuel flowage fees and found that Van Nuys Airport had increased its fee to $0.11 per gallon and Hawthorne Municipal Airport is currently charging $0.10 per gallon; and WHEREAS, Santa Monica Municipal Airport's current fuel flowage fees of $0.08 per gallon for Jet A fuel and $0.04 per gallon for AvGas fuel are currently below the rates charged by other general aviation airports in the region. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: 2 SECTION 1. As .of July 1, 2010, fuel flowage fees for aviation fuels sold or dispensed at Santa Monica Municipal Airport shall be $0.10 per gallon for Jet A fuel and $0.08 per gallon for AvGas fuel SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. 3 APPROVED AS TO FORM: Adopted and approved this 15~h day of June ~~ I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10490 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 15th day of June, 2010, by the following vote: Ayes: Councilmembers: Bloom, O'Day, Holbrook, Davis, McKeown Mayor Pro Tem O'Connor, Mayor Shriver Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: Maria M. Stewart, Ci Clerk