Meeting Type: BCC Work Session
Meeting Date: 6/12/2018
Item Status: New
From: Ron Cink, County Administrator
Submitted by: Christel Carpenter, Administrative Support Specialist III
______________________________________________________________________
ITEM TITLE
Title
Acknowledgement of Tax Abatement - Kaishan Compressor (USA) LLC
Body
STAFF RECOMMENDATION
Recommendation
Take the following actions:
1) In observance with §40-9B-5(d), Code of Alabama (1975), acknowledge receipt, on May 21, 2018, and by certified mail, of a "Resolution," by the City of Loxley Industrial Development Board, Loxley, Alabama, granting a "Tax Abatement" to Kaishan Compressor (USA) LLC; and
2) Forward to the Office of the Revenue Commissioner of Baldwin County and the Office of Probate Judge of Baldwin County the "Resolution" and associated attachments informing the Baldwin County Commission of the aforementioned grant of such "Tax Abatement."
End
BACKGROUND INFORMATION
Previous Commission action/date: N/A
Background: Section 40-9B-1, et seq., Code of Alabama 1975, or what is commonly referred to as the "Tax Incentive Reform Act of 1992," authorizes certain entities to grant "Tax Abatements" in their respective effort to attract new industries, and encourage existing industries to expand their pursuits in their varied jurisdictions.
Section 40-9B-5, Code of Alabama 1975, which is entitled "Granting of Abatement," provides:
"(d) Any abatement of county taxes granted by a municipality or municipal industrial authority shall not be valid until the expiration of (1) 10 days following the date of physical delivery to the county commission or (2) 13 days following the date of mailing by certified mail to the county commission of a copy of the resolution granting such abatement. Proof of delivery by affidavit of service, in the case of physical delivery, or by certified mail receipt, in the case of mailing by certified mail, shall be furnished to the Department of Revenue at the same time as the filing of the abatement agreement under Section 40-9B-6. If the procedures herein prescribed are followed, any such abatement shall be effective as of the date granted."
Staff requests the County Commission acknowledge receipt of this Resolution granting the above referenced Tax Abatement and, further, forward to the Office of Revenue Commissioner of Baldwin County and Office of Judge of Probate of Baldwin County the Resolution and associated attachments informing the Baldwin County Commission of the aforementioned grant of such Tax Abatement.
FINANCIAL IMPACT
Total cost of recommendation: N/A
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?
N/A
Reviewed/approved by: N/A
Additional comments: N/A
ADVERTISING REQUIREMENTS
Is advertising required for this recommendation? N/A
If the proof of publication affidavit is not attached, list the reason: N/A
FOLLOW UP IMPLEMENTATION
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: Administration Staff
Action required (list contact persons/addresses if documents are to be mailed or emailed): Correspondence to:
The Honorable Teddy Faust
Revenue Commissioner
Baldwin County, Alabama
Post Office Box 1389
Bay Minette, Alabama 36507
The Honorable Tim Russell
Judge of Probate
Baldwin County, Alabama
Post Office Box 459
Bay Minette, Alabama 36507
Mr. Lee Lawson
Baldwin County Economic
Development Alliance
P.O. Box 1340
Robertsdale, Alabama 36567
cc: Ron Cink, Kim Creech and Heather Gwynn