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14710 1 RESOLUTION NO. 14,710 2 3 A RESOLUTION TO CERTIFY LOCAL GOVERNMENT 4 ENDORSEMENT OF NLR ENERGY LOGISTICS, LLC, LOCATED AT 5 10000 INDUSTRIAL HARBOR DRIVE, LITTLE ROCK, ARKANSAS, TO 6 PARTICIPATE IN THE ARKANSAS TAX BACK PROGRAM (AS 7 AUTHORIZED BY ARK. CODE ANN. § 15-4-2706(D) OF THE 8 CONSOLIDATED INCENTIVE ACT OF 2003); AND FOR OTHER 9 PURPOSES. 10 11 WHEREAS,the regulations of the Arkansas Tax Back Program require local government endorsement 12 of businesses or enterprises that wish to participate in and take advantage of the program; and, 13 WHEREAS, NLR Energy Logistics, LLC, has been declared by the management of the Arkansas 14 Tax Back Program to be an appropriate applicant to benefit from the features of the program in its creation 15 of five(5)new jobs and a total investment of Six Million,Nine Hundred Thousand Dollars($6,900,000.00); 16 and, 17 WHEREAS,NLR Energy Logistics,LLC, agreed to furnish to the management of the Arkansas Tax 18 Back Program all information necessary to assure compliance with the terms and conditions of the program; 19 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 20 OF LITTLE ROCK,ARKANSAS: 21 Section 1. The City endorses NLR Energy Logistics,LLC,and the Mayor is authorized to execute any 22 required Certificate of Local Government Endorsement of to participate in the Arkansas Tax Back Program 23 and to be eligible to benefit from any refunds and tax credits, including City gross receipts and 24 Compensating Use Tax Credits, in accordance with the regulations of the Arkansas Tax Back Program. 25 Section 2. To the extent the City has authority to grant such authority,the Department of Finance and 26 Administration is authorized to refund any City Sales and Compensating Use Taxes collected from NLR 27 Energy Logistics,LLC, during the period of time that it participates in the Arkansas Tax Back Program. 28 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 29 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 30 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 31 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 32 resolution. 33 Section 4. Repealer. All laws,ordinances, resolutions,or parts of the same,that are inconsistent with [Page 1 of 2] 1 the provisions of this resolution,are hereby repealed to the extent of such inconsistency. 2 ADOPTED: January 30,2018 3 • 1140APPROVE. 4 5 _ /1/">' 6 S .an t a 1-\ ity Clerk Mark Stodola, ayor 7 AP' 'O 'D A 4 LEGAL FORM: 8 9c.: NA. P14• 10 Thomas M.Carpenter, City Attor ey 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // [Page 2 of 21