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.. <br /> JOHN F. CHEADLE <br /> November 9, 1988 <br /> Page 3 <br /> hocked %n fcz yews. We should not lock ourselves in to . <br /> fuel Towage charge of four cents per gallon fc�r a 27 year <br /> period. <br /> LEGAL ASPECTS <br /> The requests mane by Spanos create special probla�as. This is <br /> due tothe: fact that the Airport receives federal grant mQrse�s <br /> f osn the F derel Airport Improvement Programs. As a cons c��xe�ce <br /> 0 the. i0deral...ideiitity of funds received by the County, the:: <br /> County must comply with FAA: grant assurances. Simplyput, there <br /> is no free lunch. :..When you receive federal. grant fun s there are <br /> numerous conditions attached thereto. One of theconditions <br /> imposed Ripon FAQ: federal grant funds is one which precludes ego- <br /> c mic discr� mi n .� icon. The grant regulations at page. 9, paragr aph <br /> 22. EconomicN .discrim nation, paragraphs A and. E. .indicate that <br /> fc2r and reasonable terms shall be utilized without unjust <br /> t i crimination to all types, kinds and classes of aeronautical <br /> users. <br /> Further, . at page 10, subsection C. , states as follows <br /> "Tach fixed--based o erator at any airport owned ky the soon- <br /> sor shall, be subject to the same rates, lees, rentals, anc <br /> other char es as are uniformly applicable to :all other fixed- <br /> based operators makin2 the same or similar uses of such air-- <br /> ort and utilizing the same or similar facil ties. ' <br /> Emphasis ours. ) <br /> In this instance the Airport is the posot" . if the <br /> Airport were to grant, Spanos a four cent fuel: flowage fee, and <br /> all the other items which they are requesting, then, in that <br /> event, the County would have to treat all other fixed-base opera- <br /> Ctrs in the same manner . In essence, we would have froenazzr <br /> fuel flowage fees for the duration of the Spanos least agreemen . <br /> It would effect charges :to all fixed--based operators `erirrent�ly at <br /> the Aa.zpoxt. and fixed based operators who ..may subsequently use... <br /> Airport facilites. The reference in the reGulations. to . <br /> "noneoc not a c detetm nation"" is applicable to all aviation related <br /> Further, it is our opinion that since all fixed-based opea- <br /> tors must be treated on. an equal footing, that prior lead s, even <br /> though executed ata time prior to any change 1n., the Spa111. <br /> lease, wo1: <br /> uld aso be entitled to the same treatment. <br />