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JOHN F. CHEADLE <br /> November 9, 1988 <br /> Page 3 <br /> be lacked in for 27 years. She should not lock ourselves in to <br /> fuel flowage charge of four cents per gallon for a 27 year <br /> period. <br /> LEGAL-ASPECTS <br /> The requests made by Spanoas create special problems. This is <br /> due to the fact that the Airport receives federal grant moneys <br /> from the Federal Airport Improvement Programs. As a consequence <br /> ref the federal identity of funds received by the County, the <br /> County; must comply with FAA grant assurances; Simply puts here <br /> is no free lunch. When you receive federal. grant funds there are <br /> numerous conditions attached thereto`. One of the conditions <br /> z po ed upon FAA federal grant funds is eine which precludes eco- <br /> discrimination. The grant regulations at page g, paragraph <br /> Economic Nondiscrimination, paragraphs A and B, indicate that <br /> fair and reasonable terms spall be utilized without a 'us <br /> discrimination to all types, kinds and classes of aeronaut ca <br /> vs <br /> . . <br /> rs. <br /> Further, at page 10 subsection C. , states as follows. <br /> "'Each fixed-ba.sec o erator at. an aix cert awned b the so h <br /> cr shall be subject to the same rates, fees, rentals, and <br /> other char es a are unifor atTlicable= to all other fixed <br /> baedators ' nakin the same or similar uses of such air- <br /> port and utiliz ng the same or similar facilitzes` <br /> hmphas>�s .atzrs. <br /> n this instant the Airport is the "spore csr" If the <br /> car dere to <br /> grantSpanos a four cent fuel fleswage fee, and. <br /> ail the other items which they are reolues-ting, then, in that <br /> e�rent the County would have to treat all other fixed-base opera <br /> tors in the same mariner. In essence, we would have frozen our <br /> fuel flowage fees for the duration of the Spanos Lease agreement <br /> It would effect cna.rges to all fixed-based operators currently a <br /> the Airport and f�,xeQ based operators who may subsequently use <br /> Airport? facilities . The reference in the regulations to <br /> noneconomic determination" is applicable to all aviation related <br /> en t e rpa z s es ------- -- - <br /> Further it is our benign that since all fixed-basedpe . <br /> tors rust be treated` .6 n equal footing, that --riot ?uses, even <br /> though executed at a time prior to ars change in t, e; <br /> lea e, vou ld also be ent ill tled to the same trea tment <br /> ............. ............ <br /> { <br /> .. .-..r .... ... .. ..::.. <br />