RESOLUTION
#07-08
(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