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Counsel: county can require IDBs to submit pilot agreements for approval, committee requests statutory steps
Summary
Legislative counsel summarized a bond-counsel opinion saying the county commission may require industrial development boards to submit pilot agreements and that, in limited circumstances, dissolution is possible; counsel offered to draft a resolution or steps to implement a review process.
Committee members sought legal clarity on whether the Shelby County Commission can require Industrial Development Boards (IDBs) to submit pilot agreements or rescind abatement authority. Legislative counsel read sections of a bond-counsel opinion and described statutory language suggesting the legislative body can require IDBs to submit agreements for approval.
"It is saying that if the legislative body so chooses to, they can require abate county taxes. You can require them before they, issue a pilot to come before you and get approval," said Marcy Ingram, legislative counsel. Members asked for a written interpretation and a draft resolution: counsel said she would review the statutes and, if specific steps are required, draft language for the committee.
The committee emphasized the need to know whether municipalities or the county mayor previously provided consent under rules cited in the 2014 and 1998 documents. Members asked staff to determine follow-through on the 2021 shared strategy and to identify whether prior consent processes were used by the county mayor or municipalities.
