RESOLUTION #07-08

 

A RESOLUTION

  (NEWBERRY COUNTY)  

 

 


            IDENTIFYING A CERTAIN ECONOMIC DEVELOPMENT PROJECT TO BE LOCATED AND CONSTRUCTED IN NEWBERRY COUNTY, SOUTH CAROLINA BY TRUCAST, LLC, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, AND AUTHORIZING A FEE AGREEMENT BY AND BETWEEN  TRUCAST, LLC AND NEWBERRY COUNTY, SOUTH CAROLINA WHEREBY, UNDER CERTAIN CONDITIONS, NEWBERRY COUNTY WILL PROVIDE CERTAIN ECONOMIC DEVELOPMENT INCENTIVES TO TRUCAST, LLC TO INDUCE TRUCAST, LLC TO EXPAND ITS EXISTING MANUFACTURING FACILITY LOCATED IN NEWBERRY COUNTY, SOUTH CAROLINA.

 

            WHEREAS, Newberry County, South Carolina (the "County"), acting by and through its County Council (the "County Council"), is authorized and empowered under and pursuant to the provisions of the South Carolina Constitution (the "Constitution") and the Code of Laws of South Carolina, 1976, as amended, (the "Code") and the case law of the courts of the State of South Carolina, to offer and provide certain privileges, benefits, and incentives to prospective industries as inducements for economic development within the County; is authorized and empowered under and pursuant to the provisions of Title 12, Chapter 44 of the Code, as amended, also known as the Fee in Lieu of Tax Simplification Act (the "Act"), to acquire, or cause to be acquired, properties (which such properties constitute "projects" as defined in the Act) and to enter into agreements with any industry to construct, operate, maintain and improve such projects; to enter into or allow financing agreements with respect to such projects; and, to accept any grants for such projects through which powers the industrial development of the State of South Carolina (the "State") will be promoted and trade developed by inducing manufacturing and commercial enterprises to locate and remain in the State and thus utilize and employ the manpower, agricultural products and natural resources of the State and benefit the general public welfare of the County by providing services, employment, recreation, or other public benefits not otherwise provided locally that provide for the exemption of such project from property taxes and provide for the payment of a fee in lieu of property taxes (a “fee agreement” as defined in the Act); and

 

     WHEREAS, Trucast, LLC, a limited liability company organized and existing under the laws of the State of Delaware (the "Company"), desires to expand its existing turbocharger wheel manufacturing facility located within the County through the construction or expansion of a building(s) and the addition of machinery and equipment (the “Project”); and

 

     WHEREAS, the County, based on information provided by the Company, has determined that the Project would directly and substantially benefit the general public welfare of the County by providing the creation of jobs and employment, the increase of ad valorem tax base, service, employment, or other public benefits not otherwise provided locally; that the Project gives rise to no pecuniary liability of the County or incorporated municipality or a charge against the general credit or taxing power of either; that the purposes to be accomplished by the Project, i.e., economic development, creation of jobs, and addition to the tax base of the County, are proper governmental and public purposes; and that the benefits of the Project will be greater than the costs; and

 

            WHEREAS, the County Council, having heard the particulars of the Project, wishes to reflect and identify the Project for purposes of § 4-12-30(I), and other relevant provisions, of the Act.

                       

            NOW, THEREFORE, BE IT RESOLVED, by the County Council of Newberry County, South Carolina (the “County Council”) as follows:

 

                        Section 1.  Identification of Project.  The Project, on the terms and conditions set forth on the record and as heard by the County Council, is hereby reflected and identified for purposes of the Act.

 

            Section 2.  Fee-in-Lieu-of-Tax Arrangement.  The County intends to favorably consider granting the Company a fee-in-lieu-of-tax arrangement.

 

            Section 3.  Fee Agreement.  The provisions, terms, and conditions of a fee agreement (the “Fee Agreement”), under and pursuant to the Act by and between the County and the Company, shall be prescribed and authorized by subsequent ordinance of the County Council.

 

            Section 4.  Procedural Requirements.  The adoption of an authorizing ordinance of the Fee Agreement is subject to compliance by the County Council with the provisions of the Home Rule Act and the Code and Constitution regarding the procedural requirements for adopting all required ordinances and resolutions.

 

            Section 5.  Effectiveness of Resolution.  All orders, resolutions, and parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed.  This resolution shall take effect and be in full force from and after its passage by the County Council. 

 

            Section 6.  Official Action.  It is the intention of the County Council that this Resolution and the Fee Agreement attached hereto, the content, terms, and provisions of which are hereby incorporated by reference herein as fully as set forth verbatim, shall constitute an official action on the part of the County within the meaning of any statute or other legislative enactment relating to the provision of incentives including, without limitation, the approval of a fee-in-lieu-of-tax agreement for the inducement of economic development projects.          

 

 

 

 

 

 

 

 

 

Adopted in meeting duly assembled this 4th day of June, 2008.

 

                                                           

                                                            NEWBERRY COUNTY, SOUTH CAROLINA

 

 

 

                        By: __________________________________________

                        Henry B. Summer, Chairman, County Council of Newberry County, South Carolina

 

 

                        By: __________________________________________

                        Wayne Adams, Administrator, Newberry County, South Carolina

(SEAL)

                                                                       

ATTEST: 

 

 

By:            _________________________________

            Susan C. Fellers, Clerk to County

            Council of Newberry County,

            South Carolina


STATE OF SOUTH CAROLINA            )

)            CERTIFIED COPY OF RESOLUTION

COUNTY OF NEWBERRY               )

 

           

            I, the undersigned, hereby certify that I am the duly appointed and acting Clerk to County Council of Newberry County, South Carolina (the "County"), and as such official I further certify that attached hereto is a true and correct copy of a Resolution to commit the County to a fee-in-lieu-of-tax transaction under the Simplified Fee Act with Trucast, LLC, adopted by the County Council at a meeting duly called and held on June 4, 2008 at which a quorum was present and acting throughout, which Resolution has been compared by me with the original thereof, and that such copy is a true, correct and complete copy thereof, and that such Resolution has been duly adopted and has not been modified, amended or repealed and is in full force and effect on and as of the date hereof in the form attached hereto.

 

Witness my official signature this 4th day of June, 2008.

 

 

 

______________________________________

Susan C. Fellers, Clerk to County Council, Newberry County, South Carolina