RESOLUTION NO. RS2011-1536

A resolution authorizing the submission of an application by the Metropolitan Government as Grantee for Foreign Trade Zone # 78 to request Subzone Status with Manufacturing Authority for Hemlock Semiconductor, L.L.C.

WHEREAS, The Metropolitan Government is authorized to establish, operate and maintain foreign trade zones and subzones pursuant to Tennessee Code Annotated § 7-85-101 et. seq.; and,

WHEREAS, The Metropolitan Code of Laws § 6.14.010 authorizes establishment and management of foreign trade zones and foreign trade subzones as authorized by Tennessee Code Annotated § 7-85-101, et seq., as an administrative responsibility of the Mayor's Office of Economic and Community Development; and,

WHEREAS, The Metropolitan Code of Laws § 6.14.020 provides that any contractual agreement for the operation and maintenance of a foreign trade zone or foreign trade subzone may be approved by resolution of the Metropolitan Council receiving twenty-one (21) votes; and,

WHEREAS, The Metropolitan Government is the grantee for Foreign Trade Zone #78 as successor to the Metropolitan Nashville Port Authority pursuant to Resolution RS99-24; and,

WHEREAS, the Metropolitan Government as the grantee for Foreign Trade Zone # 78 desires to request Subzone Status with Manufacturing Authority for Hemlock Semiconductor, L.L.C.’s manufacturing plant located at 1000 Solar Way in Clarksville, Tennessee, in Montgomery County; and,

WHEREAS, a Foreign Trade Zone Application to request Subzone Status with Manufacturing Authority for Hemlock Semiconductor, L.L.C. had been prepared, and it was anticipated that the application would be submitted to the Foreign Trade Zone Board within six months of the passage of RS2010-1233; and,

WHEREAS, additional revisions and final approvals from Hemlock Semiconductor, L.L.C. were made after the enactment of RS2010-1233 which was approved on June 2, 2010, and which originally authorized submission of the application; and,

WHEREAS, the Foreign Trade Zone Board requires that authority for submission of an application to request Subzone Status be granted within six months of the actual date of submission to the Foreign Trade Zone Board, and the application is now ready to be submitted to the Foreign Trade Zone Board as final approvals from Hemlock Semiconductor, L.L.C. have now been given.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. The Metropolitan Council hereby authorizes the submission of a Foreign Trade Zone Application to request Subzone Status with Manufacturing Authority for Hemlock Semiconductor, L.L.C for Foreign Trade Zone #78 at the following site: Hemlock Semiconductor, L.L.C.’s manufacturing plant located at 1000 Solar Way in Clarksville, Tennessee, in Montgomery County.

Section 2. The Metropolitan Mayor, or his designee, is authorized and directed on behalf of the Grantee to do and perform all acts and to execute and deliver all instruments and documents necessary or convenient for the submission of the application to request Subzone Status with Manufacturing Authority on behalf of The Metropolitan Government of Nashville and Davidson County as the grantee for Foreign Trade Zone #78 to the Executive Secretary of the Foreign-Trade Zone Board, Department of Commerce, Washington, D.C. and take such further action as deemed appropriate and incidental to securing the approval by the Foreign-Trade Zone Board with respect to said application.

Section 3. This resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Megan Barry

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee
Introduced:	February 15, 2011
Adopted:	February 15, 2011
Approved:	February 22, 2011
By: