RESOLUTION NO.______, SERIES 2020
TITLE
A RESOLUTION AMENDING RESOLUTION NO. 38, SERIES 2014, REGARDING THE GRANTING OF LOCAL INCENTIVES TO RXC ACQUISTION COMPANY DBA RXCROSSROADS PURSUANT TO KRS CHAPTER 154, SUBCHAPTER 32, TO INCLUDE AN ADDITIONAL APPROVED AFFILIATE OF RXCROSSROADS 3PL, LLC, AND TO APPROVE OF ANY SUBSEQUENT ASSIGNEES OR APPROVED AFFILIATES THEREOF.
BODY
SPONSORED BY: COUNCIL MEMBERS YATES AND PIAGENTINI
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 Legislative Council of the Louisville/Jefferson County Metro Government (the “Council”) passed Resolution No. 38, Series 2014 granting local incentives to RxC Acquisition Company dba RxCrossroads, Inc. pursuant to the Act;
WHEREAS, following the passage of Resolution No. 38, Series 2014, RxC Acquisition Company dba RxCrossroads has requested to add an affiliate, RxCrossroads 3PL, LLC, a newly created wholly-owned subsidiary, to receive the benefits under the KBI Program; and
WHEREAS, RxC Acquisition Company dba RxCrossroads has applied and been granted the benefits authorized under the KBI Program.
NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT (“THE COUNCIL”) AS FOLLOWS:
Section I: That the Council does hereby approve modifying the incentive grant to include an approved affiliate, RxCrossroads 3PL, LLC, of RxC Acquisition Company dba RxCrossroads, (the “Company”), provided such modification does not alter the Company’s obligation to satisfy the requirements set forth in the Act, including minimum full time jobs, investment, and wage and employee benefits, and the terms of Resolution No. 38, Series 2014.
SECTION II: That the Council does hereby approve participating in the grant of incentives to any subsequent assignees or approved affiliates of the Company, under the KBI Program, subject to the requirements set forth in the Act, including minimum full time jobs, investment, and wage and employee benefits, and subject to the terms of Resolution No. 38, Series 2014.
Section III: That the Council does hereby agree to participate in the grant of incentives under the KBI Program by contributing one percent (1%) of the local occupational tax pursuant to the provisions of KRS 154-32.090. The State to Local participation ratio in this grant of incentives shall be 75% to 25%, and the Company shall pay a minimum average salary equal to or greater than $31,000 at activation.
Section IV: 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 V: 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 VI: This Resolution shall be effective upon its passage and approval.
_______________________________ _____________________________
Sonya Harward David James
Metro Council Clerk President of the Council
________________________________ _____________________________
Greg Fischer Approval Date
Mayor
APPROVED AS TO FORM AND LEGALITY:
Michael J. O’Connell
Jefferson County Attorney
By: _________________________
R-172-19 KBI Incentives Adding New Affiliate RxCrossroads 3PL, LLC, sd 120619.docx