STATE OF SOUTH
CAROLINA )
) ORDINANCE NO. 09-27-07_______
COUNTY OF NEWBERRY )
AN ORDINANCE AUTHORIZING A FEE
AGREEMENT BY AND BETWEEN NASMYTH PRECISION PRODUCTS, INC. AND NEWBERRY COUNTY,
SOUTH CAROLINA WHEREBY, UNDER CERTAIN CONDITIONS, NEWBERRY COUNTY WILL PROVIDE
CERTAIN ECONOMIC DEVELOPMENT INDUCEMENTS TO NASMYTH PRECISION PRODUCTS, INC. TO
INDUCE NASMYTH PRECISION PRODUCTS, INC. TO LOCATE AN INDUSTRIAL PROJECT 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”), 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; and,
WHEREAS,
the County is authorized and empowered under and pursuant to the provisions of
Title 12, Chapter 44 of the Code (the “Act”) to enter into certain agreements
with any industry that constructs, operates, maintains, and improves certain
properties (which constitute “projects” as defined in the Act and to accept any
grants for such projects); and,
WHEREAS,
through employment of the powers granted by the Act, the County will promote
the economic and industrial development of the State of South Carolina (the
“State”) and develop its trade by inducing manufacturing and commercial
enterprises to locate and remain in the State and thus use 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 adequately 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,
the County recently purchased a tract of land within its boundaries and located
at Interstate Highway 26 and South Carolina Highway 773 which it intends to
develop as a Class A industrial park (the “Park”); and,
WHEREAS, the County is authorized to establish a joint county industrial or business park with other
counties, and to include property therein, under Section 13 of Article VIII of
the Constitution of the State of South Carolina, as implemented by S.C. Code
Ann. § 4-1-170 et seq;
and,
WHEREAS, Nasmyth Precision Products, Inc., a
corporation organized under the laws of the State of South Carolina (the "Company") proposes to locate and construct within the
County an engineering, manufacturing, and corporate headquarters facility (the
“Project,” as further defined herein) to be temporarily located within the
County at one or more locations and,
thereafter, to be permanently located within the Park, and has requested
the County to commit to provide certain inducements to the Company by
entering into a fee agreement; and,
WHEREAS,
the Project involves an anticipated investment by the Company of at least
$12,000,000 by January 31, 1013, and a
total investment of $25,000,000 by January 31, 2018; and,
WHEREAS,
the Project involves the possible creation of at least 70 new full-time jobs by
January 31, 2013, and a total of 100 new full-time jobs in the County by
January 31, 1018; and,
WHEREAS,
the County, by proper action,
identified the Project and committed to provide certain economic development
incentives by proper resolution of the County Council (the “Inducement
Resolution”); and,
WHEREAS,
in connection with the economic development incentives hereby authorized, the
County and the Company are prepared to enter into a fee agreement as set forth
in the Act (the “Fee Agreement”) pursuant to which the property comprising the
Project will be exempted from property tax for a period of time during whichand
the Company shall make certain payments
to the County in lieu of property taxes (“FILOT Payments”); and,
WHEREAS,
the County has reviewed the Fee Agreement, the form of which is attached to
this ordinance and incorporated herein, and determined that the same is
appropriate in form and substance for execution by the County.
NOW,
THEREFORE, BE IT ORDAINED by the County
Council of NEWBERRY County, South Carolina, in meeting duly assembled:
Section 1. Findings and
Determinations. It is hereby declared that the facts set forth in the
recitals to this Ordinance are true and correct in all respects. It further is
found, determined, and declared by the County Council, as follows:
(a) the
Project will constitute a "project" as defined in the Act, and the
County's actions with respect to the Project will subserve the purposes of and
conform to the Act;
(b) the
Project is anticipated to benefit the general public welfare of Newberry County
by providing services, employment, recreation, or other public benefits not
otherwise adequately provided locally;
(c) the
Project gives rise to no pecuniary liability of the County or incorporated
municipality or results in a charge against its general credit or taxing power;
(d) the
purposes to be accomplished by the Project, including, without limitation, economic
development, jobs creation, and expansion of the County’s tax base, are proper
governmental and public purposes and the benefits of the Project are greater
than the costs;
(e) the
County is expected to derive substantial direct economic benefits and numerous
indirect benefits, such as indirect employment, indirect payroll income
generated through direct, indirect, and induced income, and indirect investment
(all as determined under generally
accepted economic impact methodology);
(f) the
inducement of the Project within South Carolina by means of the economic development incentives
authorized herein is of paramount importance;
(g) the
Project will serve the purposes of the Act by promoting industrial development in the County and in the
State of South Carolina; and
(h) the
form of the Fee Agreement between the County and the Company (the "Fee Agreement"), presented to this meeting and filed with the Clerk of
the County Council (the “Clerk”), contains all provisions required by the Act, ensures
that it gives no rise to a pecuniary liability of the county or a charge
against its general credit or taxing power, and otherwise fully complies with
applicable law.
Section
2. Approval of Fee Agreement.
The Fee Agreement
is approved as follows:
(a) The form, terms, and provisions of the Fee
Agreement presented to this meeting and filed with the Clerk of the County
Council (the “Clerk”) are approved and all of the terms, provisions, and
conditions of the Fee Agreement are incorporated by reference. The Chairman of
the County Council (the “Chairman”) and the Clerk are authorized, empowered,
and directed to execute, acknowledge, and deliver the Fee Agreement in the name
of the County. The Chairman and the Clerk are further authorized, empowered,
and directed to cause the Fee Agreement to be delivered to the Company.
(b)
The Fee Agreement to be executed on behalf of the County shall be in
substantially the form now before the County Council, and shall include only
changes that are approved by the County officials executing the Fee
Agreement. The County officials shall
consult the County Attorney with respect to any changes to the Fee Agreement.
The execution of the Fee Agreement by County officials shall constitute
conclusive evidence that they have approved all changes to or revisions of the
Fee Agreement now before this meeting.
(c)
If under the Fee Agreement or the Act any future actions of the Company
(including, without limitation, the supplementation of the Exhibits and/or any
assignments of the Project) require the approval of the County, such approval
can be given on behalf of the County by the County officials executing the Fee
Agreement or their successors in office upon affirmative resolution of the
County Council. The County officials
shall consult the County Attorney with respect to such approval. The execution of a written approval by
County officials shall constitute conclusive evidence that the County has
approved the respective actions of the Company.
Section
3. Execution of Document. The Chairman, the County Administrator, the Clerk, and the County
Attorney are each authorized and directed to do all things necessary to effect
the execution and delivery of the Fee Agreement and the County’s performance of
its obligations under the Fee Agreement.
Section 4. Severability.
The provisions of this Ordinance are declared to be separable. If any section,
phrase, or provision shall be declared by a court of competent jurisdiction to
be invalid or unenforceable for any reason, the remaining sections, phrases,
and provisions of the Ordinance shall remain valid.
Section 5. Repeal of
Conflicting Ordinances. All orders, resolutions, and other ordinances in
conflict with this Ordinance are repealed to the extent of such conflict.
Section 6. Ordinance Modification. This Ordinance shall not be amended,
rescinded or modified except with the prior written consent of the Company.
Section
7. Effective Date of Ordinance. This Ordinance shall take effect immediately
upon third reading of the County Council and shall supersede any inconsistent
ordinances.
First Reading: September 5, ___________, 2007 Second
Reading: September 19,___________,
2007
Public Hearing: October 3___________,
2007 Third Reading: ___________October 3, 2007
AND IT IS SO ORDAINED, ENACTED AND ORDERED.
Dated this 3rd ___ day
of October _____________,
2007.
NEWBERRY
COUNTY COUNCIL
(SEAL) Henry B. Summer, Chairman
ATTEST:
Reviewed and approved as to
form:
Susan
Fellers, Clerk to Council ____________________________________
Gary
T. Pope, County Attor ney
Reviewed and approved as to form: ___________________________________
Wayne
Adams, County Administrator
________________________________
Gary T. Pope, County Attorney
________________________________
Wayne Adams, County Administrator
STATE OF
SOUTH CAROLINA )
) CERTIFIED COPY OF ORDINANCE
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 Ordinance #09-27-07__________
authorizing the execution and delivery of an Fee Agreement by and between the
County and Nasmyth Precision Products, Inc. which Ordinance has been compared
by me with the original thereof, and that such copy is a true, correct and
complete copy thereof, and that such Ordinance 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 and seal this ___ day of
______________, 2007.
[Seal]
____________________________________
Susan Fellers, Clerk to County Council, Newberry
County, South Carolina