Ordinance 69880

Summary

BOARD BILL # 149 INTRODUCED BY ALDERMAN STEPHEN CONWAY An ordinance recommended by the Airport Commission and the Board of Estimate and Apportionment authorizing and directing the Director of Airports and the Comptroller of the City of St. Louis ("City") to enter into and execute on behalf of the City a Dual Customs Agreement (AL-353) (“Agreement”) substantially in the form as set out in ATTACHMENT “1” to this Ordinance, which is attached hereto and incorporated herein, between the City, the owner and operator of Lambert-St. Louis International Airport® (“Airport”), which is located in St. Louis County, Missouri, and Brownsville International Air Cargo, Inc., doing business as Bi-National Air Cargo Terminals, a Texas corporation (“BIAC”), memorializing the City’s and BIAC’s mutual understandings and commitments to each other for cooperation to obtain approval for, establish, and develop a “Dual Customs” (as defined in the Agreement) cargo facility at the Airport and to allow and require BIAC to provide for, develop, and operate certain aspects of a Dual Customs facility, and to offer certain aeronautical and non-aeronautical services and facilities to air cargo operators at the Airport, subject to and in accordance with the provisions of the Agreement; authorizing and directing the Mayor and the Comptroller of the City to enter into and execute on behalf of the City the Restated and Amended First Right of Refusal – Cargo City Agreement (AL-352), between the City and BIAC, substantially in the form as set out in EXHIBIT A to the Agreement”, granting to BIAC a first right of refusal to lease certain premises at the Airport commonly known as “Cargo Building No. 3”, as more fully described in the Agreement and EXHIBIT A thereto, subject to and in accordance with the provisions of the Restated and Amended First Right of Refusal - Cargo City Agreement (AL-352); authorizing and directing the Mayor and the Comptroller of St. Louis to enter into and execute on behalf of St. Louis, the First Right of Refusal – Northern Tract Agreement (East Site) (AL-317), between the City and BIAC, substantially in the form as set out in EXHIBIT B to the Agreement, granting to BIAC a first right of refusal to lease certain premises at the Airport commonly known as the “Northern Tract – East Site”, as more fully described in the Agreement and EXHIBIT B thereto, subject to and in accordance with the provisions of the First Right of Refusal – Northern Tract Agreement (East Side) (AL-317); authorizing the Mayor, the Comptroller, the Register, the City Counselor, the Director of Airports, and other appropriate officers, agents, and employees of the City, with the advice of the Director of Airports, to enter into and execute on behalf of the City and in the City’s best interest any attendant or related documents, agreements, permits, amendments, affidavits, certifications, or instruments deemed necessary to effectuate the terms set forth in the Agreement, and/or deemed necessary to preserve and protect the City’s interest, and/or to take such actions as may be necessary or appropriate in connection with the consummation of the transactions contemplated herein; providing that the provisions set forth in this Ordinance shall be applicable exclusively to the agreements, documents, permits, and instruments approved and/or authorized by this Ordinance; and containing a severability clause.

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