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(a) Rental rates. Effective May 12, 2018 ("Term Commencement Date"), ground and building rental rates for aeronautical real estate at Chicago O'Hare International Airport ("Airport") described in this section shall apply to leased premises on Airport for aeronautical purposes, including cargo facilities, hangar facilities and ground equipment maintenance facilities, and to leased premises outside the Airport secure area, and to rights of entry agreements relating to any such leased premises, as follows:
(1) Rental rates for premises used for on- Airport cargo facilities shall be:
(i) Ground rent for the period May 12, 2018 through December 31, 2023, shall be $2.25 per square foot per year for the total square footage of dedicated apron and land for the real property being used at the Airport inside the Airport secure area for cargo related operations; and
(ii) Facility rent for the period May 12, 2018 through December 31, 2023, shall be $10.00 per square foot per year for the square footage of the property being used at the Airport inside the Airport secure area for cargo facilities; and
(iii) For the five-year period beginning on January 1, 2024 and every five years thereafter, the rent set forth in subsection (a)(1)(i) and (a)(1)(ii) of this section shall be adjusted pursuant to the PPI Adjustment.
(2) Rental rates for on-Airport premises used for hangar and ground equipment maintenance facilities shall be:
(i) Fixed rent for the period May 12, 2018 through December 31, 2023, shall be $2.25 per square foot per year for the total square footage of dedicated apron and land for the real property being used at the Airport inside the Airport secure area for hangar and ground equipment maintenance facilities; provided, however, that the real property being used at the Airport for hangar and/or ground equipment maintenance facilities which shall be vacated in connection with the construction of Runway 9C-27C at the Airport shall not be subject to the fixed rent as set forth in this subsection (a)(2)(i); and
(ii) For the five-year period beginning on January 1, 2024 and every five years thereafter, the rent set forth in subsection (a)(2)(i) of this section shall be adjusted pursuant to the PPI Adjustment.
(3) Rental rates for premises outside of the Airport secure area:
(i) Fixed rent shall be $2.00 per square foot per year for the total square footage of real property being leased for a period of five years from the date on which such rental rate is applicable to such premises.
(ii) Beginning on the January 1st following the five year anniversary of the effective date of the rental rate as set forth in subsection (a)(3)(i) of this section, the rent set forth in subsection (a)(3)(i) of this section shall be adjusted pursuant to the PPI Adjustment.
(b) Definitions. As used in this section:
"PPI Adjustment" shall mean a fraction (rounded to two decimal places), the numerator of which shall be the "PPI" for May 2023 and every five years thereafter, and the denominator of which shall be the PPI for May 2018, with respect to the PPI Adjustment on any such fifth (5th) anniversary of the Term Commencement Date and every five years thereafter.
"PPI" shall mean "The Producer Price Index – All Commodities" as published by the Bureau of Labor Statistics of the United States Department of Labor or if the same is discontinued, a replacement index published by the Department of Labor or other applicable governmental authority, appropriately adjusted.
(Added Coun. J. 2-28-18, p. 68901, § 3)
(a) With regard to Sections 10-36-190; 10-36-220; 10-36-230; 10-36-260; 10-36-270; 10-36-280; 10-36-290; 10-36-300; 10-36-330; 10-36-340 and the second paragraph of Section 10-36-250 of the Code (for purposes of this section, collectively, the "Provisions"), during the term of any concession and lease agreement between the City of Chicago and a private operator with respect to Chicago Midway Airport, the matters set forth in the Provisions, as they apply to Chicago Midway Airport, shall be governed by the concession and lease agreement in effect with respect to Chicago Midway Airport and the Provisions shall not be applicable with respect to Chicago Midway Airport during that time.
(b) With regard to Sections 10-36-351, 10-36-352, 10-36-353 and 10-36-355 of the Code, during the term of any concession and lease agreement between the City of Chicago and a private operator with respect to Chicago Midway Airport, the matters set forth in these sections, as they apply to Chicago Midway Airport, shall be governed by the federally approved airport security plan in place at Chicago Midway Airport and these sections shall not be applicable with respect to Chicago Midway Airport during that time.
(Added Coun. J. 10-8-08, p. 41099, § 11)
Editor's note – Coun. J. 3-31-04, p. 20916, § 1.1, repealed former § 10-36-200, which pertained to aircraft at Merrill C. Meigs Field.
(a) Definitions. As used in this section:
"Airport" means Chicago O'Hare International Airport or Midway International Airport.
"City" means the City of Chicago.
"Concession contract" means any contract, lease or license to operate at any airport terminal facility any enterprise that provides food or beverage services to the general public, or that is a news and gift store or duty- free store, pursuant to which contract the City is entitled to receive, in the form of rents, royalties or other income, a percentage of the revenues generated by such enterprise or by any subcontract, sublease, management agreement or other transfer or assignment of any right, title or interest received from the City pursuant to any of the foregoing contracts, leases or licenses. The term "concession contract" does not include any contractually authorized extension, renewal, or holding over with the consent of the City, of any concession contract entered into prior to the effective date of this section.
"Concessionaire" means any entity that is a party to a concession contract at any airport terminal facility entered into after the effective date of this section.
"Employee" means a person employed by the concessionaire on a full time or part time basis.
"Entity" means a sole proprietorship, partnership, corporation, joint venture, franchise or other business organization of any kind.
"Labor peace agreement" means a written agreement between a concessionaire and a labor organization(s) seeking to represent the concessionaire's employees, to which 29 U.S.C. Section 185(a) applies, as that section has been interpreted by the United States Supreme Court, which contains a provision prohibiting the labor organization and its members from engaging in any picketing, work stoppage, boycott or other economic interference with the operations of the concessionaire or with any subcontractor or sublicensee of the concessionaire, for the duration of the concessionaire's concession contract(s) with the City.
"Small business" means an entity that, in aggregate at all of its global operations, employs fewer than 500 employees and also employs fewer than 50 employees between both airports under all concession contracts of the entity and its subsidiaries and affiliates.
(b) Concessionaire contractual requirements. Except as otherwise provided in subsection (d) of this section, as a condition to entering into any concession contract with the City, the concessionaire shall either (1) be a party to a collective bargaining agreement(s) with the employees who staff the concessionaire's operations, which labor agreement shall prohibit the union and its members, and all employees covered by the agreement, from engaging in strikes, picketing, work stoppages, boycotts or other economic interference with the business of such concessionaire for the duration of the concession contract(s); or (2) enter into and comply with a Labor Peace Agreement.
(c) Additional requirements. As a condition of its concession contract with the City, a concessionaire shall include in all of its subcontracts, sublicenses or similar agreements a provision(s) requiring compliance with subsection (b) of this section, which provision(s) shall include the exception set forth in subsection (d) of this section.
(d) Exception. This section shall not apply to any small business.
(e) Enforcement – regulations. The commissioner of aviation is authorized to administer and enforce this section, and to promulgate rules and regulations necessary to implement the requirements of this section.
(Added Coun. J. 1-21-15, p. 101754, § 2)
Editor's note – Coun. J. 3-31-04, p. 20916, § 1.1, repealed former § 10-36-210, which pertained to payment of aircraft fees.
(a) The provisions of Section 10-36-190 above shall not be applicable (i) to aircraft owned or operated by the city, (ii) to other public aircraft except as otherwise provided therein or except to such extent as may be permitted under written agreements between the city and the governmental unit owning or operating such public aircraft or (iii) to an aircraft which lands at an airport other than its intended destination because of meteorological conditions, mechanical or operating causes or any similar emergency or precautionary reason outside of the reasonable control of the pilot.
(b) The commissioner of aviation may, at the commissioner's discretion, waive or reduce the aircraft landing fees and aircraft parking fees established by Section 10-36-190 for special events sponsored by the city and (iii) for a maximum of 50 operations per month per airport per organization for each of the following: (A) organizations whose purpose is to provide aviation- related educational programs to youth at no or nominal charge to the youth and (B) organizations whose purpose is to provide medical-related or similar humanitarian services at no or nominal charge to the recipients of such services.
(Prior code § 37-12.2; Amend Coun. J. 2-7-97, p. 38496; Amend Coun. J. 11-18-98, p. 84230, § 3; Amend Coun. J. 3-31-04, p. 20916, § 2.10)
No person, firm, or corporation owning, operating, or in control of any aircraft shall park or store such aircraft in any area of an airport other than in a public aircraft parking area, or an area held under written agreement with the City of Chicago for such purposes.
No person, firm, or corporation owning, operating, or in control of any aircraft shall load or unload, or attempt to load or unload, passenger(s), cargo, baggage, or mail in any combination thereof carried for hire on any airport other than in the public passenger ramp area, the public cargo ramp area, or an area held under written agreement authorizing same with the City of Chicago; provided, that use of such areas is subject to prescribed charges; and provided further, that no such person, firm or corporation as aforesaid, other than a tenant or permittee of terminal building space at the same airport who holds such space for the purpose of conducting such business, shall use or attempt to use said public passenger ramp area or public cargo ramp area without written permission from the commissioner of aviation or his designated representative.
(Prior code § 37-12.3)
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