Notice is hereby given that on Tuesday, February 27, 2018 at 9:00 AM., Central Time (or at such other time as such meeting may be adjourned and reconvened), at the County Commission Chambers in the St. Clair County Courthouse located at 1815 Cogswell Ave, Pell City, AL 35125, the County Commission for St. Clair County, Alabama (the “County”) will hold a meeting, which will constitute a public meeting, for the purpose of receiving comments and questions from any interested member of the public and to consider, discuss, vote upon, and take other action authorizing and approving an Amendment (the “Amendment”) to that certain Tax Revenue Sharing and Tax Incentive Agreement (the “Original Agreement”), by and among the CITY OF PELL CITY, ALABAMA, the COUNTY, S&W PROPERTY, LLC, an Alabama limited liability company (the “Owner”), and TOWN&COUNTRY FORD PELL CITY, LLC, an Alabama limited liability company (formerly known as TOWN&COUNTRY FORD LINCOLN, LLC), (the “Dealer”).

After appropriate notice and publication as required by law, the County approved the Original Agreement and executed the same on April 21, 2011. Subject and pursuant to the terms and provisions of the Original Agreement, the Original Agreement authorizes certain financial incentives from the City and the County for the benefit of the Dealer, provided that the Owner and Dealer satisfy their obligations under the Original Agreement, which include developing or expanding and subsequently operating a vehicle dealership in the City and County. In the Original Agreement, said incentives were to be delivered to Dealer on an annual basis.

The Amendment to be contemplated at the meeting described above revises the frequency of payment of the financial incentives payable by the City and the County to the Dealer from an annual basis to a quarterly basis.

The County believes the project contemplated by the Original Agreement together with the provision of the County’s financial incentives stated in the Original Agreement and the Amendment will have at least the following public benefits: promote and continue economic and industrial development within the County, increase the County’s tax revenue, provide additional employment opportunities for the County’s citizens and otherwise promote the health, welfare, and prosperity of the citizens of the County. Further, at the public meeting, the County will seek to determine whether the expenditure of public funds as described in this notice and set forth in the Original Agreement and the Amendment serves a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to Dealer, Owner, or any other private person, entity, or entities.

Drafts of the Original Agreement and the Amendment may be inspected at the office of the County Administrator at the County Administrative Center located at 165 Fifth Avenue, Suite 100, Ashville, AL 35953, during regular business hours prior to the scheduled meeting. All members of the public are invited to attend the meeting. The public hearing will provide an opportunity for all interested members of the public to submit comments. Those unable to attend are encouraged to submit their written opinions to the County Administrator prior to the scheduled meeting.

Notice of this public meeting is being published pursuant to the requirements of Section 94.01 of the Constitution of Alabama of 1901 (also known as Amendment 772 to the Alabama Constitution of 1901), as amended, and all other applicable laws, to the extent applicable.

February 15, 2018
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PostedFebruary 15, 2018