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That notwithstanding any provision of these Codified Ordinances to the contrary, the Director of Port Control is hereby authorized to donate to charitable organizations various pieces of uniforms of employees whose employment with the City has been terminated.
(Ord. No. 239-94. Passed 3-14-94, eff. 3-23-94)
The Director of Port Control is authorized to expend funds for membership and other related expenses for employee participation in professional and trade organizations and associations deemed by the Director of Port Control to be necessary to the operations of the various divisions of the Department of Port Control, including but not limited to membership dues, program registration fees, research, expenses related to participation in professional meetings and events, and other related expenses.
(Ord. No. 1526-02. Passed 9-30-02, eff. 10-7-02)
Notwithstanding and as an exception to the provisions of Chapter 183 of the Codified Ordinances of Cleveland, Ohio, 1976, the Director of Port Control is hereby authorized to enter into agreements with the United States of America through the Federal Aviation Administration to provide necessary real estate rights for the operation, installation, use and maintenance of navigational aids (NAVAIDS) and weather equipment for the various divisions of the Department of Port Control, subject to such terms and conditions as are acceptable to the Director of Law. The agreements authorized by this section are limited to providing necessary real estate rights and the Director of Port Control is not authorized to enter into any other agreements of any value.
(Ord. No. 1817-99. Passed 2-7-00, eff. 2-16-00)
The Director of Port Control is authorized to apply for and accept grants and other funding from the United States of America and the State of Ohio, as they become available, to fund projects related to the operations of the various divisions of the Department of Port Control. The Director is further authorized to file all papers and execute all documents necessary to apply for, accept and receive grants and other funding; provided that the City shall follow all applicable federal or state regulations; and that any funds are appropriated for the purposes in the applications for the grants, applications for other funding, or any amendments thereto. The Director of Port Control shall notify this Council, through its Clerk, of any funds accepted under the authority of this section, on receipt of each award.
The Director of Port Control is further authorized to pay cash matching funds for projects approved by the above-named grantors for grant funding and other funding. The matching funds shall be paid from funds appropriated for the use of the various divisions of the Department of Port Control and, when permitted by law and indentures, from any existing or future revenue bond funds, grant proceeds and PFC authorizations.
(Ord. No. 1005-08. Passed 7-2-08, eff. 7-2-08)
(a) For purposes of this section, the following definitions shall apply:
(1) “Airport” shall mean Cleveland Hopkins International Airport.
(2) “Customer Facility Charge” or “CFC” shall mean the charge imposed by the City upon a rental car customer arriving at the Airport and renting a vehicle, which will be collected and remitted by the RACs.
(3) “Indenture” shall mean the Amended and Restated Trust Indenture (Seventeenth Supplemental Trust Indenture dated as of November 1, 2011) by and between the City and The Bank of New York Mellon Trust Company, N.A., as trustee, as the same may be amended, modified or supplemented by any amendments or modifications thereof and supplements thereto entered into in accordance with the provisions thereof.
(4) “Rental Car Company” or “RAC” shall mean any rental car company or business that enters into an agreement or is otherwise authorized to operate a rental car concession at and from Cleveland Hopkins International Airport.
(5) “Rental Car Facility” or “Rental Car Facilities” shall mean the consolidated rental car facility and all related equipment and facilities to be located on Airport property from which all RACs would operate and all rental car customers would pick up and return their cars.
(6) “Special Facility” or “Special Facilities” shall mean any hangar, maintenance buildings, or any other facility, improvement, or structure to be acquired or constructed on the Airport System, the cost of construction, acquisition, maintenance and operation of which are financed by Special Revenue Bonds and user charges.
(7) “Special Revenue Bond” or “Special Facility Bonds” shall mean revenue bonds or other obligations of the City which may be authorized and issued for the purpose of acquiring, constructing or improving a Special Facility to be leased to, or contracted for operation by, any person or entity, including the City, with the income therefrom to be used for the payment of sums adequate to pay all principal, interest, redemption premiums, if any, and reserves, if any, as required in the legislation authorizing such Special Revenue Bonds and all operating expenses incurred in the operation of the Special Facility. Special Revenue Bonds are not issued under or secured by the Indenture.
(8) “Transaction Day” shall mean a 24-hour period or fraction thereof for which a rental car customer is provided the use of a rental vehicle for compensation or otherwise, and regardless of the duration or length of the rental term.
(b) All persons entering into a rental car transaction with Rental Car Company, which originates at Cleveland Hopkins International Airport, shall be charged a Customer Facility Charge per each Transaction Day. The amount of the CFC shall be set by the Board of Control of the City and may be amended from time to time by the Board of Control. The Director of Port Control shall provide not less than thirty (30) days’ notice to each Rental Car Company of the adjusted changes to the CFC approved by the Board of Control for the costs and expenses of financing, planning, designing, constructing, equipping, operating and maintaining the Rental Car Facilities and related infrastructure; provided, however, the CFC shall not, without further legislative action, exceed the costs to finance, plan, design, construct, equip, operate and maintain the Rental Car Facilities, related facilities, and purposes that the Director deems appropriate to support and operate the Rental Car Facilities.
(c) Each Rental Car Company shall:
(1) Impose and collect the CFC authorized by the City;
(2) Hold such CFCs collected in trust for the benefit of the City, and that the City, or a trustee on its behalf, shall have complete possessory and ownership rights to such CFCs;
(3) Remit the CFCs collected to the City, without offset, in the manner described in an agreement with the RAC, or as the City may otherwise direct; and
(4) Comply with all City rules or requirements, as established by the Director of Port Control from time to time or included within the agreement with the Rental Car Company, regarding the collection and remittance of CFCs.
(d) In addition to all other remedies available to the City, any Rental Car Company who fails to collect and/or timely remit the CFC may be barred from using Cleveland Hopkins International Airport or its facilities for conduct of any commercial activity whatsoever.
(e) Use. Proceeds of the Customer Facility Charge shall be deposited by the Airport into a segregated account for the collection of the CFCs and separate from Airport Revenues, to be used solely for:
(1) The planning, development, financing, construction and operation of the Rental Car Facility, Rental Car Facility improvements and repairs, and related infrastructure, which are or will be deemed as a Special Facility or Special Facilities by the Airport.
(2) Rental Car Facility operations and maintenance expenses.
(f) Pledge. The Airport may pledge Customer Facility Charge revenues for any of the following:
(1) To support the payment of Special Revenue Bonds or Special Facility Bonds issued by the City to finance any use authorized under division (e) of this section.
(2) The creation and maintenance of reasonable reserves and for the payment of debt service associated with any Special Revenue Bonds or Special Facility Bonds issued for any use authorized under division (e) of this section.
Capitalized terms used herein and not otherwise defined herein have the meaning given to such terms as in the Indenture.
(Ord. No. 107-2023. Passed 4-3-23, eff. 4-5-23)
The Director of Port Control is authorized to enter into agreements with the United States of America to accept and maintain various property on loan from the United States of America and located at Cleveland Hopkins International and Burke Lakefront airports or adjacent to Harbor or Cuyahoga River property managed by the Department of Port Control, subject to terms and conditions that are acceptable to the Director of Law.
(Ord. No. 460-14. Passed 5-12-14, eff. 5-13-14)
(a) The Director of Port Control is authorized to enter into agreements with the United States of America, an entity identified by the United States of America as its vendor, or when allowable under federal regulations, an entity selected by the Director of Port Control through the City’s process of receiving professional services through competitive proposals to provide and process electronic fingerprint-based background checks required under 49 C.F.R. Part 1542.209 for employees and prospective employees at Cleveland Hopkins International Airport, and for airport tenants located at Cleveland Hopkins International Airport, subject to terms and conditions acceptable to the Director of Law. When allowable under federal regulations, the Director of Port Control is authorized to employ by contract or contracts one (1) or more consultants or one (1) or more firms of consultants for the purpose of supplementing the regularly employed staff of the several departments of the City of Cleveland in order to provide professional services necessary to provide electronic fingerprint- based background checks. The selection of the consultants for the services shall be made by the Board of Control on the nomination of the Director of Port Control from a list of qualified consultants available for employment as may be determined after a full and complete canvass by the Director of Port Control for the purpose of compiling a list. The compensation to be paid for the services shall be fixed by the Board of Control. The contract or contracts authorized shall be prepared by the Director of Law, approved by the Director of Port Control, and certified by the Director of Finance.
(b) The Director of Port Control is authorized to pay the costs of the electronic fingerprint-based background checks from Fund No. 60 SF 001.
(c) The Director is further authorized to accept fees from airport tenants located at Cleveland Hopkins International Airport, to reimburse the City for the cost of fingerprinting and processing fingerprint-based background checks of the included tenant employees, and their prospective employees. The fees collected from the airport tenants shall be deposited into Fund No. 60 SF 001.
(Ord. No. 100-08. Passed 3-10-08, eff. 3-12-08)
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