2018-14 RESOLUTION - CM - Resolution Requesting a Legal Opinion from the NC Attorney General's Office 4-2-18

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