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FILED <br /> LEE COUNTY NC <br /> PAMELA G. BRITT <br /> REGISTER OF DEEDS <br /> FILED Apr 19, 2018 <br /> AT 02:29:52 pm <br /> BOOK 00003 <br /> START PAGE 0368 <br /> END PAGE 0369 <br /> INSTRUMENT # 02202 <br /> EXCISE TAX (None) <br /> LEE COUNTY <br /> Committed Today for a Better Tomorrow <br /> LEE COUNTY BOARD OF COMMISSIONERS RESOLUTION <br /> REQUESTING A LEGAL OPINION FROM THE <br /> NORTH CAROLINA ATTORNEY GENERAL'S OFFICE <br /> WHEREAS, G.S.158-7.1 governs when local governments are required to hold public hearings, <br /> preceded by public notice, prior to appropriating funds for economic development <br /> organizations and programs in its local jurisdiction; and, <br /> WHEREAS, G.S.158-7.1 was amended in 2015 clarifying that local governments hold a public <br /> hearing, preceded by public notice, before funding incentive grants to entities desiring to locate <br /> or expand in its local jurisdiction; and, <br /> WHEREAS, some local governments, however, are interpreting this amendment as requiring a <br /> local government unit to hold a public hearing, preceded by public notice, prior to funding any <br /> economic development organizations, programs or incentive grants in its local jurisdiction; and, <br /> WHEREAS, appropriations made to a local economic development organization or program are <br /> usually contained in the budget adopted annually by a local government, whereby a public <br /> hearing, preceded by public notice, is held by such local government, prior to the approval of <br /> such budget; and that requiring another public hearing, preceded by public notice, would be a <br /> redundant, inefficient, and repetitious process for such local government; and, <br /> WHEREAS, some local governments interpret G.S.158-7.1, as amended, as not requiring local <br /> governments to hold another public hearing, preceded by a public notice, of such <br /> appropriations for economic development organizations or programs from its current budget, <br /> except for incentive grants to an entity to locate or expand in such local government's <br /> jurisdiction; and, <br /> WHEREAS, such inconsistency in interpretation of G.S.158-7.1, as amended, is causing <br /> confusion among local governments and Lee County wishes to seek clarification from the <br /> Attorney General's Office regarding this inconsistency and confusion. <br />