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File #: 1178-12    Version: 1 Name: Kentucky Business Investment Prog. - Nitto Denko
Type: Resolution Status: Approved
File created: 10/30/2012 In control: Urban County Council
On agenda: 12/6/2012 Final action: 12/6/2012
Enactment date: 12/6/2012 Enactment #: R-682-2012
Title: A Resolution approving the granting of an inducement to Nitto Denko Automotive Ky., Inc., pursuant to the Ky. Business Investment Act (KRS Chapter 154.32), whereby the Lexington-Fayette Urban County Government agrees to forego the collection of one percent (1%) of the occupational license fees for a term of not longer than ten (10) years from the activation date, subject to the limitations contained in the Act and any agreement Nitto Denko Automotive Ky., Inc., has with the Ky. Economic Development Finance Authority related to the project, and taking other related action. [Mayor’s Office, Atkins]
Attachments: 1. Nitto Denko - memo signed.pdf, 2. Nitto Denko CLEX KBI Letter and Econ Impact.pdf, 3. Resolution Bluesheet 1178-12 (00369613) (2).pdf
Title
A Resolution approving the granting of an inducement to Nitto Denko Automotive Ky., Inc., pursuant to the Ky. Business Investment Act (KRS Chapter 154.32), whereby the Lexington-Fayette Urban County Government agrees to forego the collection of one percent (1%) of the occupational license fees for a term of not longer than ten (10) years from the activation date, subject to the limitations contained in the Act and any agreement Nitto Denko Automotive Ky., Inc., has with the Ky. Economic Development Finance Authority related to the project, and taking other related action. [Mayor's Office, Atkins]
Summary
Authorization to execute an agreement with Nitto Denko Automotive Kentucky, INC. approving a 10-year local 1% wage assessment to participate in Kentucky Economic Development's Kentucky Business Investment Program.   (L1178-12) (Atkins)
This is a request to execute an agreement with Nitto Denko Automotive Kentucky, INC. approving a 10-year local 1% wage assessment to participate in Kentucky Economic Development's Kentucky Business Investment Program. There is no budgetary impact.
 
Budgetary Implications: NO
Advance Document Review: Law/Risk Management
Fully Budgeted: Yes/No/Partial
Account Number:      
This Fiscal Year Impact:      $
Annual Impact:       $
Project:
Activity:
Budget Reference:
Current Balance: NA
Body
WHEREAS, the General Assembly has created the Kentucky Business Investment Program pursuant to KRS Chapter 154.32 (the "Act") to induce the creation of certain qualifying projects that would create jobs in Kentucky; and
      WHEREAS, the Kentucky Economic Development Finance Authority has preliminarily approved the participation of Nitto Denko Automotive Kentucky, Inc., in the Kentucky Business Investment Program (the "Program"); and
      WHEREAS, the Council of the Lexington-Fayette Urban County Government is willing to approve the granting of an inducement to Nitto Denko Automotive Kentucky, Inc., pursuant to the Act, whereby it would forego the collection of the one percent (1%) of the occupational license fee that would otherwise be due to it related to the employees who meet the requirements of the Program, which shall be retained by  Nitto Denko Automotive Kentucky, Inc., for a term of not longer than ten (10) years from the activation date established by the Program, subject to the limitations contained in the Act and any agreement.
      NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT:
      Section 1 - That the granting of an inducement to Nitto Denko Automotive Kentucky, Inc., be and hereby is approved pursuant to the Kentucky Business Investment Program of the Kentucky Jobs Development Act (KRS Chapter 154.32).
Section 2 - That pursuant to the Kentucky Business Investment Program and KRS 154.32-090, the Lexington-Fayette Urban County Government hereby agrees to forego, and authorizes Nitto Denko Automotive Kentucky, Inc. to retain, the one percent (1%) of the occupational license fee due from the wages of those employees whose jobs meet the criteria related to the qualifying project under the program (as determined by the Kentucky Economic Development Finance Authority), for a term of not longer than ten (10) years from the activation date established by the program, subject to the limitations contained in KRS Chapter 154.32 and any agreement Nitto Denko Automotive Kentucky, Inc., has with the Authority related to the project.
Section 3 - That Nitto Denko Automotive Kentucky, Inc., pursuant to its agreement with the Kentucky Economic Development Finance Authority, shall simultaneously be entitled to a credit against the local occupational tax equal to the one percent (1%) of its taxable wages.
      Section 4 - That the Mayor, the Clerk of the Urban County Council, and other appropriate officers and employees of the Urban County Government are hereby authorized to execute, acknowledge and deliver any documents and such other instruments and papers and to take such other actions as may be necessary or desirable to effect the transactions authorized above.
      Section 5 - That the preamble to this Resolution is incorporated herein as if set out in full.
      Section 6 - That this Resolution shall become effective on the date of its passage.
      PASSED URBAN COUNTY COUNCIL:
 
 
 
 
                                    __________________________________
                                    MAYOR
ATTEST:
 
_________________________________
CLERK OF URBAN COUNTY COUNCIL