Meeting Type: BCC Regular Meeting
Meeting Date: 9/16/2025
Item Status: New
From: Roger H. Rendleman, County Administrator
Submitted by: Anu Gary, Administrative Services Manager
______________________________________________________________________
ITEM TITLE
Title
Resolution #2025-177 - Amendment to Project Agreement for South Alabama Megasite
Body
STAFF RECOMMENDATION
Recommendation
Pursuant to the authority provided by Amendment No. 750 and/or Amendment No. 772 to the Constitution of Alabama 1901, and for the purpose of promoting the economic and industrial development of Baldwin County, take the following actions related to the Novelis Corporation constructing, equipping and operating a fully integrated, greenfield advanced flat rolled aluminum products plant on an approximately 2,000 +/- acre parcel of land located near Highway 287 and I-65 in Baldwin County:
1) Adopt Resolution #2025-177 of the Baldwin County Commission, which authorizes the execution and delivery of a First Amendment to Project Agreement (dated July 28, 2022) by and among Novelis Corporation, the Baldwin County Commission, the City of Bay Minette, The Utilities Board of the City of Bay Minette d/b/a North Baldwin Utilities, and Baldwin County Economic Development Alliance, Inc.; and
2) Determine that the grant of funds in connection with the transaction described above continue to advance the economic development of the County, to increase employment in the County, and to promote and develop for the public good and welfare trade, commerce, industry, and employment opportunities in the County; and to promote the convenience, order, prosperity, and welfare of its citizens. The increased property values, increased tax revenues, additional economic activity, creation of new jobs, and the other benefits described herein will directly benefit the County and serve a valid and sufficient public purpose. Further, determine that the grant of funds in connection with the transaction described above will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to the Company or any other private entity or entities.
End
BACKGROUND INFORMATION
Background: Resolution and Amended Project Agreement forthcoming.
The Amendment to the Project Agreement reflects: (1) an increase of the Company’s total capital investment to three billion eight hundred million dollars ($3,800,000,000.00) or more; (2) a change of the Commencement of Operations date to the fifty-first (51st) calendar month following the Commencement of Construction; (3) one-year extensions to each respective Jobs Target Date; (4) updates to the terms and parameters regarding the Company’s collaboration with BCEDA and the Industrial Development Board of the City of Daphne in the creation and development of Prospect Park (formerly the Daphne Innovation + Science Center Complex); (5) a change in the delivery date of the Rail Improvements to March 31, 2026; (6) the retention by the County of 1 Mill of the County-levied ad valorem tax; (7) a change of the Reporting Years of the Jobs Maintenance Period to three years; and (8) updates to defined terms pursuant to the Amended Agreement.
Previous Commission action/date: 07/28/2022, BCC Special Meeting
During the July 28, 2022, special called meeting, the Commission took the following actions:
Pursuant to the authority provided by Amendment No. 750 and/or Amendment No. 772 to the Constitution of Alabama 1901, and for the purpose of promoting the economic and industrial development of Baldwin County, take the following actions related to the Novelis Corporation constructing, equipping and operating a fully integrated, greenfield advanced flat rolled aluminum products plant on an approximately 2,000 +/- acre parcel of land located near Highway 287 and I-65 in Baldwin County:
1) Adopt Resolution #2022-106 of the Baldwin County Commission, which authorizes the execution and delivery of the Project Agreement and a Termination of Easements and Agreement to Create a Private Road and Make Certain Roadway Improvements; and
2) Determine that the expenditure of funds in connection with the transactions described above will advance the economic development of the County; increase employment in the County; promote and develop for the public good and welfare trade, commerce, industry, and employment opportunities in the County; and promote the convenience, order, prosperity, and welfare of its citizens. The increased property values, increased tax revenues, additional economic activity, creation of new jobs, and the other benefits described in the Resolution will directly benefit the County and serve a valid and sufficient public purpose. Further, determine that the expenditure of funds in connection with the transactions described above will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities.
FINANCIAL IMPACT
Total cost of recommendation: Project Agreement Amendment does not increase the County’s obligations.
Budget line item(s) to be used: N/A
If this is not a budgeted expenditure, does the recommendation create a need for funding? N/A
LEGAL IMPACT
Is legal review necessary for this staff recommendation and related documents?
Yes, County Attorney review and approval is required.
Reviewed/approved by: Pending legal review by Adams & Reese, 09/10/2025 akg
Additional comments: N/A
ADVERTISING REQUIREMENTS
Is advertising required for this recommendation? Amendment 750/772 Legal Notice by Adams & Reese, LLP. The advertisement ran in Gulf Coast Newspapers on September 5, 2025.
If the proof of publication affidavit is not attached, list the reason: Forthcoming from staff.
FOLLOW UP IMPLEMENTATION
For time-sensitive follow up, select deadline date for follow up: TIME SENSITIVE
Individual(s) responsible for follow up: Administration
Action required (list contact persons/addresses if documents are to be mailed or emailed): Admin staff: Have 1 resolution and 3 Amended Project Agreements (originals will be brought to meeting) executed by Chairman/Administrator after approved.
Provide copy of the resolution and 3 original agreements to Patrick Dungan. One fully executed original agreement to be returned to the County. Hold original resolution in pending file until agreement is received.
Patrick Dungan
Adams and Reese, LLP
11 N. Water Street, Suite 23200
Mobile, Alabama 36602
Patrick.Dungan@arlaw.com
Parties:
Novelis Corporation
Crosby Parties
Honorable Robert A. Wills, Mayor, City of Bay Minette
Mr. Jason Padgett, The Utilities Board of the City of Bay Minette (North Baldwin Utilities)
Mr. Lee Lawson, Baldwin County Economic Development Alliance, Inc.
cc:
Brad Hicks, County Attorney with Stone Crosby, P.C. (Bhicks@stonecrosby.com)
Roger Rendleman
Tara Hazelbaker
Beth Hodges
Aislinn Stone
Dana Austin
2) Upload Resolution and Contract to portal.
3) Agenda Item and executed documents to Deeds support docs for Megasite and Megasite general file.
4) Original executed Resolution and Agreements to Contract files, cc: Resolutions file, cross reference file location of original.
Additional instructions/notes: N/A