An ordinance approving an agreement between the Metropolitan Government and Dell Computer Corporation for operation of a foreign-trade zone site and providing for approval of amendments by resolution.

Whereas, federal law provides for the establishment of foreign-trade zones under the jurisdiction of the U.S. Foreign Trade Zones Board (the "Board") to promote economic development by encouraging exports and imports; and,

Whereas, in 1981 the Board authorized the Metropolitan Port Authority to establish, operate, and maintain Foreign-Trade Zone No. 78 (the "Zone"); and

Whereas, upon the dissolution of the Metropolitan Port Authority by Metropolitan Council Resolution No. RS99-24, the power to establish, operate, and maintain foreign-trade zones and subzones under T.C.A. §7-5-112, passed to the Metropolitan Government; and,

Whereas, the Board has approved the transfer of the Zone to the Metropolitan Government; and

Whereas, the Board has also approved the operation of a separate site within the Zone located on the campus of Dell Computer Corporation (Dell) (the "Zone Site"); and

Whereas, Dell wishes to operate a foreign-trade zone within the Zone Site and has demonstrated the capability to manage foreign-trade zone activities at the Zone Site; and

Whereas, representatives of the Metropolitan Government and IEC have executed the attached Agreement, allowing Dell to conduct foreign-trade zone activities- at the Zone Site; and

Whereas, it is in the best interests of the Metropolitan Government for said Agreement to be executed and that amendments to the Agreement be subject to approval by resolutions receiving twenty-one (21) votes; and

Now, therefore, be it enacted by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1. That the Agreement by and between the Metropolitan Government and Dell Computer Corporation for foreign-trade zone operations as described therein at the site described in Exhibit A to the Agreement is hereby approved and the Metropolitan Mayor is hereby authorized to execute the Agreement.

Section 2. Any amendment to the Agreement approved herein may be approved by resolution of the Metropolitan Council receiving twenty-one (21) votes.

Section 3. If any section, sentence, clause, phrase, term, or provision of this ordinance is, for any reason, held invalid or unenforceable by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions hereof, and each remaining section, subsection, sentence, clause, phrase or provision of this Ordinance shall be valid and enforceable.

Section 4. That this ordinance shall take effect from and after its enactment, the
welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Tony Derryberry, Phil Ponder, Howard Gentry


Introduced: November 9, 2000
Passed First Reading: November 9, 2000
Referred to: Budget & Finance Committee
Passed Second Reading: November 21, 2000
Passed Third Reading: December 5, 2000
Approved: December 12, 2000
By: Mayor Bill Purcell