Mater’s Pizza and Pasta came up at a Wednesday evening work session of the Fort Payne City Council as Mayor Brian Baine said they are still awaiting an opinion from Alabama Attorney General Steve Marshall on whether they can legally go through the Amendment 772 process to help owner Chris Roberts offset his costs to re-do the sidewalk since the work has already happened.
Approved by Alabama voters in 2004, Amendment 772 set guidelines on how counties and cities could use taxpayer dollars to help recruit businesses, including such steps as purchasing and improving property, selling, leasing and granting property, granting public funds and issuing bonds.
Statewide Amendment 7 on ballots across Alabama last month brought uniformity to how cities and counties can use public funds to help promote economic development.
Amendment 772 says that before any of those actions, local governments must pass a resolution stating that they are for a public purpose. The resolution must come at a public meeting with at least seven days public notice and must name the private entities that will benefit.
Most locals became familiar with Amendment 772 in the context of Fort Payne’s attempts to recruit a Food City grocery store by passing a Memorandum of Understanding with the grocery chain’s parent company that provided funds to offset the costs of elevating land at the South Y that now sits in the flood plain, as well as relocating sewer lines that run across the property where Twin City Auto Sales now operates.
During Wednesday’s work session, Council President Walter Watson said he had been contacted by Roberts seeking an update, as he hopes to open his restaurant this month.
Baine said they are still awaiting the AG opinion, which City Attorney Rocky Watson recommended in order to offer legal protection since it isn’t clear whether Amendment 772 can be used to reimburse a company. Typically, the process involves funding getting approval before construction begins.
Baine said they want to help Roberts and Mater’s because they know it will boost the downtown economy and add foot traffic to the business district. They just have to make sure they do so legally because whatever they do for Roberts, they must do for others as well.
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