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Agenda Package 4-1-13 - Reg. Meeting
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Agenda Package 4-1-13 - Reg. Meeting
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RESOLUTION BY THE LEE COUNTY BOARD OF COMMISSIONERS <br />OCONOMIC DENIM 012:ARNIT IniyeeTAAewiTINCENTIVES � - Comment CTM11: Tam muse is -economic <br />GUIDELINES I development incernives "(hem and throughout) J <br />February 18, 2013 <br />WHEREAS, Chapter 158 of the General Statutes of North Carolina <br />authorizes counties to engage in economic development activities; and <br />WHEREAS, North Carolina General statute 153A -449 authorizes counties <br />to contract with and appropriate money to a corporation to carry out any public <br />purpose that a County is authorized by law to perform; and <br />WHEREAS, it is the sense of the Board of Commissioners for Lee County <br />that the County should engage in economic development gLqwth activities Wi4h Comment [ TMZ ]: ... en in activities desi , <br />' and that the LCEDC should be <br />to encourage economic growth in the county... <br />employed to undertake such activities on behalf of the County; and <br />WHEREAS, LCEDC, by action of its Board of Directors, has indicated its <br />willingness to perform such activities on behalf of the County; and <br />WHEREAS, under the authority of NCGS 158 -7.1, the Board of <br />Commissioners desires to establish an Economic Develepll:RIEIR <br />#westmen Incentives Policy that complies with North Carolina Law and gives the <br />LCEDC guidelines to follow in discussing incentive possibilities that attract new <br />businesses and retain existing businesses; <br />NOW, THEREFORE, be it resolved that the County adopts the following <br />Economic Development lnyestmentlncentives <br />1)No incentive will be considered for a new or existing business <br />unless Lee County is competing with Gemmunities on stater, a <br />jurisdiction outside the state of North Carolina to locate or retain that <br />business in Lee County <br />or retain existing jebs. . . Oh throuqh that business. <br />2) INo incentive Will be offered to any business or business unit of a <br />company presently operating in another county of North Carolina for <br />the exclusive purpose of recruiting that business or business unit to <br />relocate to Lee County. <br />44 3) No incentive will be offered to a prospective new business that <br />would directly compete for market share with an existing business in <br />Lee County if, in the opinion of the Board of Commissioners, the <br />incentive would represent a threat to the survival of the pre - existing <br />business. <br />Comment [TM3]: Generally, these are the factors <br />identified in my fordicoming law review article. <br />Give me a call if you'd like to discuss any of them: <br />1.Primary forms of consideration <br />aJob creation <br />b.Increasing the tax base <br />2.Secondary forms of consideration <br />..Diversification of the economy <br />b.lnterstate competition <br />3.Strict Procedural Requirements <br />a.'eut for' determination <br />b.Notke and Hearing <br />c.Written agreement to govem Implementation <br />d.Written policy or guideline to evaluate Incentive <br />requests <br />Comment [TM4]: I understand the rationale for <br />this clause (2) and it is lawful. However, this policy <br />is no necessary as a matter of law and it could work <br />to NC's and I.ee County's disadvantage. The <br />cancem is a situation that occurred in the Haugh <br />case. In Haugh, Durham County offered an incentive <br />to induce a business to relocate from wake County <br />to Durham. However, a California site was also <br />being considered by the company, so if Durham had <br />not offered incentives then perhaps the company <br />would have gone to California instead (the company <br />had outgrown the facilities in Wake and was leaving <br />anyway, and Durham was the only place in NC that <br />suited this company's needs). Because a California <br />site was being considered, the court said that the <br />incentive to hue the company to Durham was <br />parallel to incentives approved in Maready and <br />therefore must be upheld. <br />
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