SUBSTITUTE RESOLUTION NO. RS2011-1766

A Resolution authorizing a temporary boundary modification for Foreign Trade Zone #78 and the contracting of a consultant for the transition to Alternate Site Framework for Foreign Trade Zone #78.

WHEREAS, The Metropolitan Government of Nashville and Davidson County 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 Government of Nashville and Davidson County, pursuant to RS2010-1202, is the Grantee for Foreign Trade zone #78.

WHEREAS, Metropolitan Code of Laws 6.14.010 authorizes the 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, Metropolitan Code of Laws 6.14.020 requires 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 Foreign Trade Zone #78 general purpose zone sites must be within 60 miles or 90 minutes driving time of a U.S. Customs and Border Protection Port of Entry; and,

WHEREAS, the United States Department of Commerce recommends that Foreign Trade Zone #78 be modified temporarily in order to establish the parameters necessary for Foreign Trade Zone #78 to reorganize as an Alternate Site Framework zone; and,

WHEREAS, the Metropolitan Government of Nashville and Davidson County plans to take the steps needed to reorganize as an Alternate Site Framework zone; and,

WHEREAS, the Metropolitan Government of Nashville and Davidson County requires the expertise of an experienced consultant to direct the transition to an Alternate Site Framework zone; and,

WHEREAS, Gap, Inc., desires boundary modification in accordance with the new framework within Foreign Trade Zone #78.

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 temporary boundary modification for Foreign Trade Zone #78 as a preliminary step in the reorganization of Foreign Trade Zone #78 into an Alternate Site Framework zone.

Section 2: The Metropolitan Council hereby authorizes the utilization of a contracted consultant for the purpose of successfully reorganizing Foreign Trade Zone #78 as an Alternate Site Framework zone.

Section 3: 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 execution of the boundary modification, the contracting of the reorganization consultant, and the eventual reorganization as an Alternate Site Framework zone, in conjunction with the Foreign Trade Zones Board and the United States Department of Commerce.

Section 4: That 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:	August 2, 2011
Substitute Introduced:	August 2, 2011
Adopted:	August 2, 2011
Approved:	August 3, 2011
By: