Subject to the availability of funds and appropriations by the City, the Incentive Program shall be funded solely from the Airport’s Contingency Fund. Financial benefits conferred through the Incentive Program shall not exceed $1,700,000.00 during Fiscal Year 2010, $1,700,000.00 during Fiscal Year 2011, and $1,700,000.00 during Fiscal Year 2012; provided, however, that any appropriated amounts in excess of actual financial benefits conferred during Fiscal Year 2015 through and including Fiscal Year 2017 may not exceed in total $4,800,000.00. However, any appropriated amounts in excess of actual financial benefits conferred in each Fiscal Year will be carried over to the immediately-following Fiscal Year to be used in accordance with the Incentive Program to include Fiscal Year 2018 for those Eligible Airlines with Qualifying Flight activity that extends beyond the end of Fiscal Year 2017. If necessary, the available annual funding will be prorated among the Incentive Programs’ participants.
Waivers of Landing Fees and Terminal Building Rents offered by the City under this Incentive Program shall not have the effect of increasing the rentals, fees, or charges imposed on other aeronautical users of the Airport, including other airlines.
The terms and implementation of this Incentive Program shall be, at all times, subordinated to applicable state and federal laws and regulations, and the provisions of any existing or future agreement between the City and the United States Government or governmental authority, relating to the operation or maintenance of the Airport. The Incentive Program may be terminated, in whole or in part, if it is determined to violate applicable laws, regulations, or any assurance made by the City to the United States Government in connection with the receipt of federal grants-in-aid or the approval of Passenger Facility Charges.
The words and phrases defined below have the following meaning when used elsewhere in this Incentive Program:
Airport Use and Lease Agreement: means the agreement first adopted by Ordinance No. 68892, approved on May 25, 2011, as it may be amended from time to time or a successor agreement.
Airport: means the Lambert-St. Louis International Airport, together with any additions, improvements, or enlargements made from time to time.
Airport Operating Agreement and Terminal Building Space Permit: means that agreement with the City providing for the use of the Airport by an airline that is not a party to an Airport Use and Lease Agreement, as it may be amended from time to time or a successor agreement.
City: means The City of St. Louis, Missouri.
Direct Flight: means a flight served on a one-stop, same aircraft basis.
Director of Airports: means the Director of Airports of the City or the person performing the functions of that office, as authorized by the City’s Mayor, or that person authorized by the Director of Airports to act for or on behalf of the Director of Airports with respect to any particular matter.
Essential Air Service (EAS): means flights to the Airport from rural areas pursuant to the Essential Air Service Program administered by the U.S. Department of Transportation.
Fiscal Year: means the twelve-month period commencing July 1 and extending through June 30 of the following calendar year, or such other fiscal year as the City may establish by ordinance.
Landing Fees: means the fees payable in accordance with Section 503 of the Airport Use and Lease Agreement, or similar fees in other agreements for the use of the Airport, as may be applicable.
Seasonal Flight: means a flight that operates from the airport less than 12 consecutive months.
Terminal Building Rents: means the charges payable in accordance with Sections 502 and 504 of the Airport Use and Lease Agreement, or similar charges in other agreements for the use of the Airport, as may be applicable.
Transoceanic Destinations: means a destination outside of North/Central America and the Caribbean.