RESOLUTION NO. ________, SERIES 2024
TITLE
A RESOLUTION AMENDING RESOLUTION NO. 81, SERIES 2023, REGARDING THE GRANTING OF LOCAL INCENTIVES TO ELLIE DIAGNOSTICS, LLC AND ANY SUBSEQUENT ASSIGNEES OR APPROVED AFFILIATES THEREOF PURSUANT TO KRS CHAPTER 154, SUBCHAPTER 32, TO DELETE A SENTENCE REGARDING THE STATE TO LOCAL PARTICIPATION RATIO.
BODY
SPONSORED BY: COUNCIL MEMBER PHILLIP BAKER
WHEREAS, the Legislative Council of the Louisville/Jefferson County Metro Government (“Council”) finds that it is a legitimate public purpose of the Louisville/Jefferson County Metro Government (“Metro”) to undertake activities for the purpose of attracting and retaining jobs for residents of this community;
WHEREAS, the Kentucky General Assembly in 2009 enacted KRS 154.32-010 to 154.32-100 (the “Act”) establishing the Kentucky Business Investment Program (the “KBI Program”) for the purpose of encouraging the development and expansion of the service and technology industry in Kentucky;
WHEREAS, the KBI Program provides state incentives to businesses which locate or expand in the Commonwealth, including regional or national headquarters, thus creating and preserving jobs for Kentuckians;
WHEREAS, the KBI Program encourages local governments to participate in these incentives for businesses within their jurisdictions;
WHEREAS, the Council passed Resolution No. 81, Series 2023, granting local incentives to Ellie Diagnostics, LLC (the “Company”) pursuant to the Act (the “2023 Resolution”);
WHEREAS, following the passage of the 2023 Resolution, the Kentucky Cabinet for Economic Development requested that the 2023 Resolution be amended to delete the sentence “The State to Local participation ratio in this grant of incentives shall be 75% to 25%” from Section II of the 2023 Resolution;
WHEREAS, the Company seeks final approval of the incentives under the Act from the Kentucky Cabinet for Economic Development in 2024; and
WHEREAS, the Council intends to continue offering the inducements and incentives contained in the 2023 Resolution to the Company.
NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT (“COUNCIL”) AS FOLLOWS:
Section I: That the Council does hereby approve the continued participation of Ellie Diagnostics, LLC, and any subsequent assignees and approved affiliates thereof, under the KBI Program, subject to the Company satisfying the requirements set forth in the Act, including minimum full-time jobs, investment, and wage and employee benefits, and subject to the terms of this Resolution.
Section II: That the Council does hereby agree to continue to participate in the grant of incentives under the KBI Program by contributing one percent (1.0%) of the local occupational tax pursuant to the provisions of KRS 154-32.090.
Section III: That the Mayor and other appropriate officers and employees of Louisville/Jefferson County Metro Government are authorized and directed to execute, acknowledge and deliver on behalf of Louisville/Jefferson County Metro any and all papers, instruments, certificates, affidavits and other documents, and to do and cause to be done any and all acts and things necessary or proper for the grant of incentives as authorized by the Act and this Resolution.
Section IV: No portion of the funds derived by the Company from the grant of incentives herein shall be used by the Company for any purposes designed to prevent, limit, discourage or restrict union activities within the Company.
Section V: This Resolution shall be effective upon its passage and approval or otherwise becoming law.
_______________________________ _____________________________
Sonya Harward Markus Winkler
Metro Council Clerk President of the Council
________________________________ _____________________________
Craig Greenberg Approval Date
Mayor
APPROVED AS TO FORM AND LEGALITY:
Michael J. O’Connell
Jefferson County Attorney
By: __________________________________
R-021-24 Amending Resolution 81, Series 2023 for KBI Incentives to Ellie Diagnostics, LLC lf 022624