Baldwin County, Alabama
File #: 18-0229    Version: 1
Agenda section: Work Session Status: Agenda Ready
File created: 5/23/2018 Meeting type: Baldwin County Commission Work Session
On agenda: 6/12/2018 Final action:
Agenda item title: Acknowledgement of Tax Abatement - Kaishan Compressor (USA) LLC
Attachments: 1. Correspondence from BCEDA and Resolution from the City of Loxley Indutrial Development Board
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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