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128061 2 3 4 5 6 7 8 9 10 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 RESOLUTION NO. 12,806 A RESOLUTION TO CERTIFY LOCAL GOVERNMENT ENDORSEMENT OF WELSPUN TUBULAR LLC, LOCATED AT 9301 FRAZIER PIKE, LITTLE ROCK, ARKANSAS, TO PARTICIPATE IN THE ARKANSAS TAX BACK PROGRAM (AS AUTHORIZED BY SECTION 15- 4- 2706(D) OF THE CONSOLIDATED INCENTIVE ACT OF 2003); AND FOR OTHER PURPOSES. WHEREAS, the regulations of the Arkansas Tax Back Program require local government endorsement of businesses or enterprises that wish to participate in and take advantage of the program, and WHEREAS, Welspun Tubular LLC has been declared by the management of the Arkansas Tax Back Program to be an appropriate applicant to benefit from the features of the program, and WHEREAS, Welspun Tubular LLC will purchase land and construct a building, and purchase machinery and equipment for the manufacture of pipe, and WHEREAS, the project will result in 300 new jobs and a total investment of $100,000,000.00, and WHEREAS Welspun Tubular LLC has agreed to furnish to the management of the Arkansas Tax Back Program all information necessary to assure compliance with the terms and conditions of the program; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: Section 1. The City endorses and the Mayor is authorized to execute any required Certificate of Local Government Endorsement of Welspun Tubular LLC to participate in the Arkansas Tax Back Program and to be eligible to benefit from any refunds and tax credits, including City gross receipts and compensating use tax credits, in accordance with the regulations of the Arkansas Tax Back Program. Section 2. To the extent the City has authority to grant such authority, the Department of Finance and Administration is authorized to refund any City sales and compensating use taxes collected from Welspun Tubular LLC during the period of time that it participates in the Arkansas Tax Back Program. Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the resolution which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the resolution. Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent with the provisions of this resolution, are hereby repealed to the extent of such inconsistency. [PAGE 1 OF 2] Resolution To endorse Welspun Tubular LLC to participate In the Tax Back Program I ADOPTED: December 22, 2008 2 ATTEST: 3 lv 4 5 Narky Wood, City Clerk 6 7 APPROVED AS TO LEGAL FORM: 9 10 Thomas M. Carpenter, City Attorn 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 36 Resolution To endorse Welspun Tubular LLC to participate In the Tax Back Program APPROVED: Mark Stodola, Mayor [PAGE 2 OF 2]