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HomeMy WebLinkAbout561 Foreign Trade Zone AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P,o. Box 427 Meridian, Idaho 83542 Telephone 688-4451 AMENDED ORDINANCE NO. 561 AN ORDINANCE OF THE CITY OF MERIDIAN PROVIDING FOR AUTHORIZATION TO APPLY FOR A GRANT OF AUTHORITY TO ESTABLISH AND MAINTAIN A FOREIGN TRADE lONE; FOR AUTHORIZATION TO ESTABLISH SUCH A ZONE UPON BEING GRANTED A FOREIGN TRADE ZONE; FOR THE ACTIVATION OF THE FOREIGN TRADE ZONE ONLY UPON FURTHER RESOLUTION OF THE CITY COUNCIL; REQUIRING THAT ANY FOREIGN TRADE ZONE ESTABLISHED BE OPERATED ACCORDING TO APPLICABLE LAWS, RULES AND REGULATIONS; THAT IF A FOREIGN TRADE ZONE IS GRANTED TO THE CITY, AUTHORIZATION TO OPERATE THE FOREIGN TRADE ZONE ITSELF OR TO ASSIGN AND DELEGATE THE DUTIES AND RESPONSIBILITIES TO AN OPERATOR OF THE ZONE; THAT IF A FOREIGN TRADE ZONE IS GRANTED TO THE CITY, THAT THE CITY AND ANY OPERATOR OF THE ZONE MAINTAIN SAID FOREIGN TRADE ZONE AS REQUIRED BY LAWS, RULES AND REGULATIONS APPLICABLE THERETO; REQUIRING THAT THE CITY, IF IT IS GRANTED A GENERAL PURPOSE TRADE ZONE, WILL EXERCISE ITS RESPONSIBILITIES AS GRANTEE AS REQUIRED BY LAWS, RULES, REGULATIONS PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 67-4703A, IdahQ Code, authorizes the governing body of a municipal ity by ordinance to apply to the United States Department of Commerce, Foreign Zones Board, for a grant of authority to establ ish, operate and maintain foreign trade zone(s) or subzone(s) within the State of Idaho, if the foreign trade zone is to be established, operated and maintained within the corporate boundaries of the of the municipality; WHEREAS, the City of Meridian is a municipality of the State of Idaho and is qualified to apply for a foreign trade zone(s), under the Foreign Trade Zones Act of 1934, as amended, (19 U.S.C. 81a. to 81u.); WHEREAS, the City of Meridian has undertaken and passed Resolution No. 141 providing specific authority for the establishment, operation and maintenance of a foreign trade FOREIGN TRADE ZONE AMENDED ORDINANCE - PAGE 1 AMBROSE, FITZGERALD & CROO KSTON Attorneys and Counsslorll P.O. BOl< 427 Meridian, Idaho 83642 Telephone 868-4461 II I I zone(s) within the corporate limits of the City; WHEREAS, the development of a general purpose foreign trade zone, general purpose foreign trade remote site, or a special purpose foreign trade subzone site, is consistent with, and will further, the economic development goals and strategies of the City of Meridian; WHEREAS, International Trade Services, Inc., an Idaho corporation, has made a proposal to the City of Meridian for the establishment, operation and maintenance of such a zone that is represented the FOREIGN TRADE ZONE OPERATION AGREEMENT; WHEREAS, the City of Meridian does not have the expertise to operate any type of foreign trade zone and desires to contract with a firm that does have such expertise; ~~HEREAS, Gemtone, Inc., o\'/ner of the Treasure Valley Business Center, a real estate development located within the City limits of the City of Meridian, by act of its board of directors by corporate resolution, has authorized the Treasure Valley Business Center to be included in a general purpose foreign trade foreign trade zone~ general purpose foreign trade zone remote site, or a special purpose foreign trade subzone as may be appropriate; and WHEREAS, it is deemed to be in the best interests of the City of Meridian, its economy, and the citizens of the City to apply to the United States Department of Commerce, Foreign Zones Board, for a grant of authority to establish, operate and maintain such foreign trade zone(s). NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL FOREIGN TRADE ZONE AMENDED ORDINANCE - PAGE 2 AMBROSE. FITZGERALD & CROO KSTON AlIorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone BBa-4461 OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1. That the City of Meridian is hereby authorized to apply to the United States Department of Commerce, Foreign Trade Zones Board, for a grant of authority to establ ish, operate, and maintain a general purpose foreign trade zone, general purpose foreign trade zone remote site, or a special purpose foreign trade subzone, as may, from time to time, be appropriate, and the Mayor and the City Clerk are hereby authorized to sign such an appl ication, upon approval of the City Attorney and City Engineer. SECTION 2. That the City of Meridian, upon receipt of any such grant of authori ty from the Uni ted States Department of Commerce, Foreign Trade Zones Board, is hereby authorized to proceed in all necessary ways to effectuate the establishment of such foreign trade zone. SECTION 3. That to activate any grant of authority for a general purpose foreign trade zone, general purpose foreign trade zone remote site, or a special purpose foreign trade subzone, requires additional application to, and approval of, the United States Custom Service; that there shall be no application for activation of any general purpose foreign trade zone, remote site foreign trade zone, or a special purpose foreign trade subzone without further resolution of the city Council of the City of Meridian. SECTION 4. That the establ ishment, operation, maintenance, and location of any foreign trade zone and any activities carried out within such zone by the City, the Operator, FOREIGN TRADE ZONE AMENDED ORDINANCE - PAGE 3 AMBROSE. FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian. Idaho a3~42 Telephono eaa.4461 or others, shall be in conformance with all local, state and federal laws, rules and regulations, the terms of any operators agreement entered into between the City of Meridian and an Operator, the orders of the Foreign Trade Zones Board, and the orders and directives of the United State Customs Service and any other agencies having jurisdiction within the foreign trade zone. SECTION 5. That the City of Meridian is hereby granted the authority to operate any general purpose foreign trade zone, general purpose foreign trade zone remote site, or a special purpose foreign trade subzone, or the City may delegate or assign to an Operator in an Operator1s Agreement, between the City and the Operator, the right and ability to operate the zone. SECTION 6. That any general purpose foreign trade zone, remote site foreign trade zone, or a special purpose foreign trade subzone, once granted by the United States Department of Commerce, Foreign Trade Zones Board, shall be maintained by the City or the Operator of the City, as required by the Operator1s Agreement and the regulations of the City of Meridian, the Foreign Trade Zones Board, and the United States Customs Service and any other laws, rules, or regulations of any governmental agencies, state or federal, which has jurisdiction of foreign trade zones. SECTION 7. That in the event that the City of Meridian is granted a general purpose foreign trade zone, the City, as Grantee, may be called upon to consider any applications of other municipalities, corporations, public or private, individuals, or other entities, for foreign trade zone grants of authority for FOREIGN TRADE ZONE AMENDED ORDINANCE - PAGE 4 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors. P.O. Bo. 427 MeridIan, Idaho 83642 TelephonD 886.4461 their locality or facility and shall consider approval of such applications upon their merits. SECTION 8. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after it passage, approval, and publication, as required by law. PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAYOR OF THE crT Y 0 F MER 1 D I AN, t his L 7!;j. day 0 f -Dr.-e~6 r-',_____..__, 1991. APPROVED: ~~~R---- ATTEST: ( FOREIGN TRADE ZONE AMENDED ORDINANCE - PAGE 5 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-4461 ORDINANCE NO. AN ORDINANCE OF THE CITY OF MERIDIAN PROVIDING FOR AUTHORIZATION TO APPLY FOR A GRANT OF AUTHORITY TO ESTABLISH AND MAINTAIN A FOREIGN TRADE ZONE; FOR AUTHORIZATION TO ESTABLISH SUCH A ZONE UPON BEING GRANTED A FOREIGN TRADE ZONE; FOR THE ACTIVATION OF THE FOREIGN TRADE ZONE ONLY UPON FURTHER RESOLUTION OF THE CITY COUNCIL; REQUIRING THAT ANY FOREIGN TRADE ZONE ESTABLISHED BE OPERATED ACCORDING TO APPLICABLE LAWS, RULES AND REGULATIONS; THAT IF A FOREIGN TRADE ZONE IS GRANTED TO THE CITY, AUTHORIZATION TO OPERATE THE FOREIGN TRADE ZONE ITSELF OR TO ASSIGN AND DELEGATE THE DUTIES AND RESPONSIBILITIES TO AN OPERATOR OF THE ZONE; THAT IF A FOREIGN TRADE ZONE IS GRANTED TO THE CITY, THAT THE CITY AND ANY OPERATOR OF THE ZONE MAINTAIN SAID FOREIGN TRADE ZONE AS REQUIRED BY LAWS, RULES AND REGULATIONS APPLICABLE THERETO; REQUIRING THAT THE CITY, IF IT IS GRANTED A GENERAL PURPOSE TRADE ZONE, WILT_ EXERCISE ITS RESPONSIBILITIES AS GRANTEE AS REQUIRED BY LAWS, RULES, REGULATIONS PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 76-4703A, Idaho Code, authorizes the governing body of a municipality by ordinance to apply to the United States Department of Commerce, Foreign Zones Board, for a grant of authority to establish, operate and maintain foreign trade zones) or subzone(s) within the State of Idaho, if the foreign trade zone is to be established, operated and maintained within the corporate boundaries of the of the municipality; WHEREAS, the City of Meridian is a municipality of the State of Idaho and is qualified to apply for a foreign trade zone(s), under the Foreign Trade Zones Act of 1934, as amended, (19 U.S.C. 81a, to 81u.); WHEREAS, the City Ordinance N o ZELL__ establishment, operation of Meridian has undertaken and passed providing specific authority for the and maintenance of a foreign trade AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888.4461 zone(s) within the corporate limits of the City; WHEREAS, the development of a general purpose foreign trade zone, general purpose foreign trade remote site, or a special purpose foreign trade subzone site, is consistent with, and will further, the economic development goals and strategies of the City of Meridian; WHEREAS, International Trade Services, Inc., an Idaho corporation, has made a proposal to the City of Meridian for the establishment, operation and maintenance of such a zone that is represented by the draft of the FOREIGN TRADE ZONE OPERATION AGREEMENT marked Exhibit "A" and attached hereto; WHEREAS, the City of Meridian does not presently have the funds nor does it have the funds or expertise to operate any type of foreign trade zone; WHEREAS, Gemtone, Inc., owner of the Treasure Valley Business Center, a real estate development located within the City limits of the City of Meridian, by act of its board of directors by corporate resolution, which resolution is attached hereto as Exhibit "B", has authorized the Treasure Valley Business Center to be included in a general purpose foreign trade foreign trade zone, general purpose foreign trade zone remote site, or a special purpose foreign trade subzone as may be appropriate; and WHEREAS, it is deemed to be in the best interests of the City of Meridian, its economy, and the citizens of the City to apply to the United States Department of Commerce, Foreign Zones Board, for a grant of authority to establish, operate and maintain such foreign trade zone(s). NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1. That the City of Meridian is hereby authorized to apply to the United States Department of Commerce, Foreign Trade Zones Board, for a grant of authority to establish, operate, and maintain a general purpose foreign trade zone, general purpose foreign trade zone remote site, or a special purpose foreign trade subzone, as may, from time to time, be appropriate, and the Mayor and the City Clerk are hereby authorized to sign such an application, upon approval of the City Attorney and City Engineer. SECTION 2. That the City of Meridian, upon receipt of any such grant of authority from the United States Department of Commerce, Foreign Trade Zones Board, is hereby authorized to proceed in all necessary ways to effectuate the establishment of such foreign trade zone. SECTION 3. That to activate any grant of authority for a general purpose foreign trade zone, general purpose foreign trade zone remote site, or a special purpose foreign trade subzone, requires additional application to, and approval of, the United States Custom Service; that there shall be no application for activation of any general purpose foreign trade zone, remote site foreign trade zone, or a special purpose foreign trade subzone without further resolution of the city Council of the City of Meridian. AMBROSE, FITZGERALD BCROOKSTON SECTION 4. That the establishment, o eration p , Attorneys and Counselors f maintenance and location of any foreign trade p.o.Boz427 Meridian, Idaho 83842 zone and any activities carried out within such zone by the Cit the Telephone W-4461 y, Operator, or others, shall be in conformance with all local, state and federal laws, rules and regulations, the terms of any operators agreement entered into between the City of Meridian and an Operator, the orders of the Foreign Trade Zones Board, and the orders and directives of the United State Customs Service and any other agencies having jurisdiction within the foreign trade zone. SECTION 5. That the City of Meridian is hereby granted the authority to operate any general purpose foreign trade zone, general purpose foreign trade zone remote site, or a special purpose foreign trade subzone, or the City may delegate or assign to an Operator in an Operator's Agreement, between the City and the Operator, the right and ability to operate the zone. SECTION 6. That any general purpose foreign trade zone, remote site foreign trade zone, or a special purpose foreign trade subzone, once granted by the United States Department of Commerce, Foreign Trade Zones Board, shall be maintained by the City or the Operator of the City, as required by the Operator's Agreement and the regulations of the City of Meridian, the Foreign Trade Zones Board, and the United States Customs Service and any other laws, rules, or regulations of any governmental agencies, state or federal, which has jurisdiction of foreign trade zones. SECTION 7. That in the event that the City of Meridian is granted a general purpose foreign trade zone, the City, as AMBROSE, FITZGERALD Grantee, may be called upon to consider any applications of other a CROOKSTON Attorneys municipalities, corporations, public or private, individuals, and Counselors or other entities, for foreign trade P.O. Box 427 zone grants of authority for Meridian, Idaho �2 t h e i r locality or facility and shall consider Telephone ttone888-446, approval of such applications upon their merits. SECTION 8. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after it passage, approval, and publication, as required by law PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAYOR OF THE CITY OF MERIDIAN, this 15th day of October, 1991. ATTEST: AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone US-4461 APPROVED: