FW: University Cities/College Towns Working Group

CT
Chuck Thompson
Wed, Feb 10, 2010 6:16 PM

During our call last week, we discussed a number of ordinances and
issues associated with underage drinking.  Our Chair, Marion Radson,
forwarded several items that we discussed including a news article
describing the gains the city made in reducing underage drinking
violations with its ordinance, its ordinance and its brief in support of
the ordinance in a case challenging it.  I am sending these along.
Please let me know best days for a monthly call.  If I don't hear much
opposition, I will assume the first Wednesday at 2PM Eastern works
pretty well for most.  Feel free to send comments, ideas, suggestions
and complaints. Chuck

Charles W. Thompson, Jr.

Executive Director, General Counsel

International Municipal Lawyers Association (IMLA)

7910 Woodmont Ave., Suite 1440

Bethesda, Maryland 20814

direct: 202-742-1016

202.466.5424 x 7110

Cell:  240.876.6790

cthompson@imla.org

IMLA 2010 Seminar - Wash. DC April 18-20

IMLA 2010 75th Anniversary Conference - San Francisco October 10-13,
2010

IMLA 2011 Seminar - Wash. DC April 10 - 12

IMLA 2011- Chicago Sept. 11-14, 2011

IMLA 2012  Seminar - Wash. DC  April 22 -24,  2012

IMLA 2012 - Austin October 21-24, 2012

IMLA 2013 Seminar - Wash. DC April 14-16, 2013

IMLA 2014 - Baltimore Sept. 10-14, 2014 - 200th Anniversary of the
Battle of Ft. McHenry

During our call last week, we discussed a number of ordinances and issues associated with underage drinking. Our Chair, Marion Radson, forwarded several items that we discussed including a news article describing the gains the city made in reducing underage drinking violations with its ordinance, its ordinance and its brief in support of the ordinance in a case challenging it. I am sending these along. Please let me know best days for a monthly call. If I don't hear much opposition, I will assume the first Wednesday at 2PM Eastern works pretty well for most. Feel free to send comments, ideas, suggestions and complaints. Chuck Charles W. Thompson, Jr. Executive Director, General Counsel International Municipal Lawyers Association (IMLA) 7910 Woodmont Ave., Suite 1440 Bethesda, Maryland 20814 direct: 202-742-1016 202.466.5424 x 7110 Cell: 240.876.6790 cthompson@imla.org IMLA 2010 Seminar - Wash. DC April 18-20 IMLA 2010 75th Anniversary Conference - San Francisco October 10-13, 2010 IMLA 2011 Seminar - Wash. DC April 10 - 12 IMLA 2011- Chicago Sept. 11-14, 2011 IMLA 2012 Seminar - Wash. DC April 22 -24, 2012 IMLA 2012 - Austin October 21-24, 2012 IMLA 2013 Seminar - Wash. DC April 14-16, 2013 IMLA 2014 - Baltimore Sept. 10-14, 2014 - 200th Anniversary of the Battle of Ft. McHenry
EA
Elias, Abigail
Fri, Jun 11, 2010 2:48 PM

Is any of you aware of authority (either yes or no) on a city being able
to make a public university make payments in lieu of taxes?  Any
authority on a public university being able to enter into a voluntary
agreement to do so?

Does any of you know of a city that has entered into such an agreement
with a public university or made a public university make such payments?

Abigail Elias, Chief Assistant City Attorney | City of Ann Arbor,
Michigan | mailto:aelias@a2gov.org mailto:aelias@a2gov.org  |
Telephone numbers: Office: (734) 794-6170 (+ Ext. 41888 for me) |
Direct: (734) 794-6188 | Internal extension: 41888 | Fax: (734) 994-4954
| Non-City Cell: (734) 320-7953

CONFIDENTIALITY NOTICE:  The information in this transaction is intended
only for the individual or entity named above.  It may be legally
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error, please notify me immediately and delete this transmission and any
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reader of this message is not the intended recipient, you are hereby
notified that any disclosure, dissemination, distribution or copying of
this communication or its contents is strictly prohibited.

A mind once expanded by a new idea never returns to its original
dimensions. OLIVER WENDELL HOLMES

P Please consider the environment before printing this e-mail.

Is any of you aware of authority (either yes or no) on a city being able to make a public university make payments in lieu of taxes? Any authority on a public university being able to enter into a voluntary agreement to do so? Does any of you know of a city that has entered into such an agreement with a public university or made a public university make such payments? Abigail Elias, Chief Assistant City Attorney | City of Ann Arbor, Michigan | mailto:aelias@a2gov.org <mailto:aelias@a2gov.org> | Telephone numbers: Office: (734) 794-6170 (+ Ext. 41888 for me) | Direct: (734) 794-6188 | Internal extension: 41888 | Fax: (734) 994-4954 | Non-City Cell: (734) 320-7953 CONFIDENTIALITY NOTICE: The information in this transaction is intended only for the individual or entity named above. It may be legally privileged and confidential. If you have received this information in error, please notify me immediately and delete this transmission and any other documents, files and information transmitted herewith. If the reader of this message is not the intended recipient, you are hereby notified that any disclosure, dissemination, distribution or copying of this communication or its contents is strictly prohibited. A mind once expanded by a new idea never returns to its original dimensions. OLIVER WENDELL HOLMES P Please consider the environment before printing this e-mail.
EA
Elias, Abigail
Wed, Sep 29, 2010 2:35 PM

My city is working on a street/bridge improvement project adjacent to
university property. We have just discovered that we need a strip of
university land adjacent to the existing roadway to be able to do the
project.

Is there a clear answer in your state, by statute or by case law, or has
any of you had experience that you can share - either successful or
unsuccessful - condemning state university property for a public project
(road or otherwise)?

Abigail Elias, Chief Assistant City Attorney | City of Ann Arbor,
Michigan | mailto:aelias@a2gov.org mailto:aelias@a2gov.org  |
Telephone numbers: Office: (734) 794-6170 (+ Ext. 41888 for me) |
Direct: (734) 794-6188 | Internal extension: 41888 | Fax: (734) 994-4954
| Non-City Cell: (734) 320-7953

CONFIDENTIALITY NOTICE:  The information in this transaction is intended
only for the individual or entity named above.  It may be legally
privileged and confidential.  If you have received this information in
error, please notify me immediately and delete this transmission and any
other documents, files and information transmitted herewith.  If the
reader of this message is not the intended recipient, you are hereby
notified that any disclosure, dissemination, distribution or copying of
this communication or its contents is strictly prohibited.

A mind once expanded by a new idea never returns to its original
dimensions. OLIVER WENDELL HOLMES

P Please consider the environment before printing this e-mail.

My city is working on a street/bridge improvement project adjacent to university property. We have just discovered that we need a strip of university land adjacent to the existing roadway to be able to do the project. Is there a clear answer in your state, by statute or by case law, or has any of you had experience that you can share - either successful or unsuccessful - condemning state university property for a public project (road or otherwise)? Abigail Elias, Chief Assistant City Attorney | City of Ann Arbor, Michigan | mailto:aelias@a2gov.org <mailto:aelias@a2gov.org> | Telephone numbers: Office: (734) 794-6170 (+ Ext. 41888 for me) | Direct: (734) 794-6188 | Internal extension: 41888 | Fax: (734) 994-4954 | Non-City Cell: (734) 320-7953 CONFIDENTIALITY NOTICE: The information in this transaction is intended only for the individual or entity named above. It may be legally privileged and confidential. If you have received this information in error, please notify me immediately and delete this transmission and any other documents, files and information transmitted herewith. If the reader of this message is not the intended recipient, you are hereby notified that any disclosure, dissemination, distribution or copying of this communication or its contents is strictly prohibited. A mind once expanded by a new idea never returns to its original dimensions. OLIVER WENDELL HOLMES P Please consider the environment before printing this e-mail.
DB
Dick Benson
Wed, Sep 29, 2010 3:30 PM

Abigail:

I have not had to have such a fight with our College of Wooster, although
although the COW is a small private college, as opposed to U of M, which I
assume to be a state-owned facility.  However, ORC 719.01 seems to contain
no limitation on a municipality's power to condemn ("Any municipal
corporation may appropriate, enter upon, and hold real estate within its
corporate limits"
) other than a specific reference to property or
facilities belonging to a public utility or common carrier engaged in
interstate commerce.  Both street and bridge projects are specifically
referenced as legitimate reasons for appropriation of property.

Is the U of M resisting your efforts?

Dick Benson
City of Wooster, OH

On Wed, Sep 29, 2010 at 10:35 AM, Elias, Abigail AElias@a2gov.org wrote:

My city is working on a street/bridge improvement project adjacent to
university property. We have just discovered that we need a strip of
university land adjacent to the existing roadway to be able to do the
project.

Is there a clear answer in your state, by statute or by case law, or has
any of you had experience that you can share - either successful or
unsuccessful – condemning state university property for a public project
(road or otherwise)?

Abigail Elias, Chief Assistant City Attorney | City of Ann Arbor, Michigan
| mailto:aelias@a2gov.org aelias@a2gov.org |* Telephone
numbers: Office: (734) 794-6170 (+ Ext. 41888 for me) | Direct: (734)
794-6188
| Internal extension: 41888 | Fax: (734) 994-4954 | Non-City
Cell: (734) 320-7953
*

CONFIDENTIALITY NOTICE:  The information in this transaction is intended
only for the individual or entity named above.  It may be legally privileged
and confidential.  If you have received this information in error, please
notify me immediately and delete this transmission and any other documents,
files and information transmitted herewith.  If the reader of this message
is not the intended recipient, you are hereby notified that any disclosure,
dissemination, distribution or copying of this communication or its contents
is strictly prohibited.

A mind once expanded by a new idea never returns to its original
dimensions. OLIVER WENDELL HOLMES

P Please consider the environment before printing this e-mail.


Universitycities mailing list
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http://lists.imla.org/mailman/listinfo/universitycities

--
Richard R. Benson, Jr.
Law Director
Wooster City Hall
538 N. Market Street
Wooster, OH  44691
Tel: 330-263-5248
Fax: 330-263-5247

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Abigail: I have not had to have such a fight with our College of Wooster, although although the COW is a small private college, as opposed to U of M, which I assume to be a state-owned facility. However, ORC 719.01 seems to contain no limitation on a municipality's power to condemn (*"Any municipal corporation may appropriate, enter upon, and hold real estate within its corporate limits"*) other than a specific reference to property or facilities belonging to a public utility or common carrier engaged in interstate commerce. Both street and bridge projects are specifically referenced as legitimate reasons for appropriation of property. Is the U of M resisting your efforts? Dick Benson City of Wooster, OH On Wed, Sep 29, 2010 at 10:35 AM, Elias, Abigail <AElias@a2gov.org> wrote: > My city is working on a street/bridge improvement project adjacent to > university property. We have just discovered that we need a strip of > university land adjacent to the existing roadway to be able to do the > project. > > > > Is there a clear answer in your state, by statute or by case law, or has > any of you had experience that you can share - either successful or > unsuccessful – condemning state university property for a public project > (road or otherwise)? > > > > Abigail Elias, Chief Assistant City Attorney | City of Ann Arbor, Michigan > | mailto:aelias@a2gov.org <aelias@a2gov.org> |* *Telephone > numbers: Office: (734) 794-6170 (+ Ext. 41888 for me) | Direct: (734) > 794-6188* *| Internal extension: 41888* *| Fax: (734) 994-4954 | Non-City > Cell: (734) 320-7953** > > CONFIDENTIALITY NOTICE: The information in this transaction is intended > only for the individual or entity named above. It may be legally privileged > and confidential. If you have received this information in error, please > notify me immediately and delete this transmission and any other documents, > files and information transmitted herewith. If the reader of this message > is not the intended recipient, you are hereby notified that any disclosure, > dissemination, distribution or copying of this communication or its contents > is strictly prohibited. > > > > *A mind once expanded by a new idea never returns to its original > dimensions. OLIVER WENDELL HOLMES* > > P Please consider the environment before printing this e-mail. > > _______________________________________________ > Universitycities mailing list > Universitycities@lists.imla.org > http://lists.imla.org/mailman/listinfo/universitycities > > -- Richard R. Benson, Jr. Law Director Wooster City Hall 538 N. Market Street Wooster, OH 44691 Tel: 330-263-5248 Fax: 330-263-5247 THE INFORMATION CONTAINED IN THIS TRANSMISSION IS ATTORNEY PRIVILEGED AND/OR CONFIDENTIAL INFORMATION INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY ME BY TELEPHONE AND PERMANENTLY DELETE THE ORIGINAL AND ANY COPY OF THIS E-MAIL AND DESTROY ANY PRINTOUT THEREOF.
HT
Herb Thiele
Wed, Sep 29, 2010 5:59 PM

This is from Leon County, Florida:
Under the prior public use doctrine in Florida, property devoted to
public use can't be taken for another public use absent either express
legislative authority necessary implication -- so, one condemning
authority can't condemn property from another condemning authority
unless it has a superior power of condemnation by statute or court
decision -- otherwise, if government body #1 condemned property from
government body #2 with equal condemning authority, then #2 could turn
around and condemn right back and that could go on ad infinitum -- the
cases cited for this in the eminent domain CLE book are Fla. East Coast
R.R. v. City of Miami, 321 So2d 545 (Fla. 1975) and Fla. East Coast R.R.
v. City of Miami, 372 So2d 152 (Fla. 3d DCA 1979); also see Housing
Authority of Ft. Lauderdale v. FDOT, 385 So2d 690 (Fla. 4th DCA 1980).

Hope that helps.
Herb Thiele.

Herbert W. A. Thiele
County Attorney
Leon County Courthouse
301 South Monroe Street
Tallahassee, Florida 32301
Phone (850) 606-2500; FAX (850) 606-2501

The information contained in this transmission may contain privileged
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under the Internal Revenue Code or (2) promoting, marketing or
recommending to another party any matters addressed herein.

"Elias, Abigail" AElias@a2gov.org 9/29/2010 10:35 AM >>>

My city is working on a street/bridge improvement project adjacent to
university property. We have just discovered that we need a strip of
university land adjacent to the existing roadway to be able to do the
project.

Is there a clear answer in your state, by statute or by case law, or
has any of you had experience that you can share - either successful or
unsuccessful – condemning state university property for a public project
(road or otherwise)?

Abigail Elias, Chief Assistant City Attorney|City of Ann Arbor,
Michigan | mailto:aelias@a2gov.org |Telephone numbers: Office: (734)
794-6170 (+ Ext. 41888 for me) | Direct: (734) 794-6188| Internal
extension: 41888| Fax: (734) 994-4954| Non-City Cell: (734) 320-7953
CONFIDENTIALITY NOTICE:  The information in this transaction is
intended only for the individual or entity named above.  It may be
legally privileged and confidential.  If you have received this
information in error, please notify me immediately and delete this
transmission and any other documents, files and information transmitted
herewith.  If the reader of this message is not the intended recipient,
you are hereby notified that any disclosure, dissemination, distribution
or copying of this communication or its contents is strictly
prohibited.

A mind once expanded by a new idea never returns to its original
dimensions. OLIVER WENDELL HOLMES
PPlease consider the environment before printing this e-mail.

This is from Leon County, Florida: Under the prior public use doctrine in Florida, property devoted to public use can't be taken for another public use absent either express legislative authority necessary implication -- so, one condemning authority can't condemn property from another condemning authority unless it has a superior power of condemnation by statute or court decision -- otherwise, if government body #1 condemned property from government body #2 with equal condemning authority, then #2 could turn around and condemn right back and that could go on ad infinitum -- the cases cited for this in the eminent domain CLE book are Fla. East Coast R.R. v. City of Miami, 321 So2d 545 (Fla. 1975) and Fla. East Coast R.R. v. City of Miami, 372 So2d 152 (Fla. 3d DCA 1979); also see Housing Authority of Ft. Lauderdale v. FDOT, 385 So2d 690 (Fla. 4th DCA 1980). Hope that helps. Herb Thiele. Herbert W. A. Thiele County Attorney Leon County Courthouse 301 South Monroe Street Tallahassee, Florida 32301 Phone (850) 606-2500; FAX (850) 606-2501 The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. >>> "Elias, Abigail" <AElias@a2gov.org> 9/29/2010 10:35 AM >>> My city is working on a street/bridge improvement project adjacent to university property. We have just discovered that we need a strip of university land adjacent to the existing roadway to be able to do the project. Is there a clear answer in your state, by statute or by case law, or has any of you had experience that you can share - either successful or unsuccessful – condemning state university property for a public project (road or otherwise)? Abigail Elias, Chief Assistant City Attorney|City of Ann Arbor, Michigan | mailto:aelias@a2gov.org |Telephone numbers: Office: (734) 794-6170 (+ Ext. 41888 for me) | Direct: (734) 794-6188| Internal extension: 41888| Fax: (734) 994-4954| Non-City Cell: (734) 320-7953 CONFIDENTIALITY NOTICE: The information in this transaction is intended only for the individual or entity named above. It may be legally privileged and confidential. If you have received this information in error, please notify me immediately and delete this transmission and any other documents, files and information transmitted herewith. If the reader of this message is not the intended recipient, you are hereby notified that any disclosure, dissemination, distribution or copying of this communication or its contents is strictly prohibited. A mind once expanded by a new idea never returns to its original dimensions. OLIVER WENDELL HOLMES PPlease consider the environment before printing this e-mail.
DM
Doug Marek
Wed, Sep 29, 2010 6:45 PM

Iowa statute permits condemnation "of such private property as may be
necessary for any public improvement . . . ."  That rules out the exercise
of eminent domain on university property.  I haven't had the issue arise
with university property, but I did have an issue arise with regard to a
transmission line easement across property owned by another public entity.

As I recall from my research, there was one favorable appellate opinion
from Massachusetts that permitted condemnation of public property when the
two public purposes did not conflict; e.g. the transit authority could
condemn an easement under a municipal park if the use by the transit
agency would not interfere with use as a park.

Doug Marek
Ames City Attorney
515 Clark Avenue
P.O. Box 811
Ames, Iowa  50010
Tel:  515-239-5146
Fax: 515-239-5142
E-mail:  dmarek@city.ames.ia.us

"Elias, Abigail" AElias@a2gov.org
Sent by: universitycities-bounces@lists.imla.org
09/29/2010 09:37 AM

To
universitycities@lists.imla.org
cc

Subject
[Universitycities] eminent domain authority to take university land?

My city is working on a street/bridge improvement project adjacent to
university property. We have just discovered that we need a strip of
university land adjacent to the existing roadway to be able to do the
project.

Is there a clear answer in your state, by statute or by case law, or has
any of you had experience that you can share - either successful or
unsuccessful ? condemning state university property for a public project
(road or otherwise)?

Abigail Elias, Chief Assistant City Attorney | City of Ann Arbor, Michigan
| mailto:aelias@a2gov.org | Telephone numbers: Office: (734) 794-6170 (+
Ext. 41888 for me) | Direct: (734) 794-6188 | Internal extension: 41888 |
Fax: (734) 994-4954 | Non-City Cell: (734) 320-7953
CONFIDENTIALITY NOTICE:  The information in this transaction is intended
only for the individual or entity named above.  It may be legally
privileged and confidential.  If you have received this information in
error, please notify me immediately and delete this transmission and any
other documents, files and information transmitted herewith.  If the
reader of this message is not the intended recipient, you are hereby
notified that any disclosure, dissemination, distribution or copying of
this communication or its contents is strictly prohibited.

A mind once expanded by a new idea never returns to its original
dimensions. OLIVER WENDELL HOLMES
P Please consider the environment before printing this e-mail.


Universitycities mailing list
Universitycities@lists.imla.org
http://lists.imla.org/mailman/listinfo/universitycities

Iowa statute permits condemnation "of such private property as may be necessary for any public improvement . . . ." That rules out the exercise of eminent domain on university property. I haven't had the issue arise with university property, but I did have an issue arise with regard to a transmission line easement across property owned by another public entity. As I recall from my research, there was one favorable appellate opinion from Massachusetts that permitted condemnation of public property when the two public purposes did not conflict; e.g. the transit authority could condemn an easement under a municipal park if the use by the transit agency would not interfere with use as a park. Doug Marek Ames City Attorney 515 Clark Avenue P.O. Box 811 Ames, Iowa 50010 Tel: 515-239-5146 Fax: 515-239-5142 E-mail: dmarek@city.ames.ia.us "Elias, Abigail" <AElias@a2gov.org> Sent by: universitycities-bounces@lists.imla.org 09/29/2010 09:37 AM To <universitycities@lists.imla.org> cc Subject [Universitycities] eminent domain authority to take university land? My city is working on a street/bridge improvement project adjacent to university property. We have just discovered that we need a strip of university land adjacent to the existing roadway to be able to do the project. Is there a clear answer in your state, by statute or by case law, or has any of you had experience that you can share - either successful or unsuccessful ? condemning state university property for a public project (road or otherwise)? Abigail Elias, Chief Assistant City Attorney | City of Ann Arbor, Michigan | mailto:aelias@a2gov.org | Telephone numbers: Office: (734) 794-6170 (+ Ext. 41888 for me) | Direct: (734) 794-6188 | Internal extension: 41888 | Fax: (734) 994-4954 | Non-City Cell: (734) 320-7953 CONFIDENTIALITY NOTICE: The information in this transaction is intended only for the individual or entity named above. It may be legally privileged and confidential. If you have received this information in error, please notify me immediately and delete this transmission and any other documents, files and information transmitted herewith. If the reader of this message is not the intended recipient, you are hereby notified that any disclosure, dissemination, distribution or copying of this communication or its contents is strictly prohibited. A mind once expanded by a new idea never returns to its original dimensions. OLIVER WENDELL HOLMES P Please consider the environment before printing this e-mail. _______________________________________________ Universitycities mailing list Universitycities@lists.imla.org http://lists.imla.org/mailman/listinfo/universitycities
EA
Elias, Abigail
Tue, Aug 16, 2011 2:03 PM

Those of you on this list may appreciate the attached resolution that
the Ann Arbor City Council approved last night.  The City and University
have been in discussions, but the matter is not yet resolved.  The
resolution was, in part, to communicate from City Council a unanimous
approval of the position that has been taken by city administration.
The signs and signals work costs us about $100,000 per season - and with
an added game, will cost more - with one game this year a night game
against Notre Dame.  The entire unit (12 people) comes and works a full
day those days.

Abigail Elias, Chief Assistant City Attorney | City of Ann Arbor,
Michigan | mailto:aelias@a2gov.org mailto:aelias@a2gov.org  |
Telephone numbers: Office: (734) 794-6170 (+ Ext. 41888 for me) |
Direct: (734) 794-6188 | Internal extension: 41888 | Fax: (734) 994-4954
| Non-City Cell: (734) 320-7953  NOTE: the City has a new street
address: 301 E. Huron Street, Ann Arbor, MI 48104.  The P.O. Box mailing
address has not changed: P.O. Box 8647, Ann Arbor, MI 48107-8647. The
City Hall entrance is now on Huron Street, near Fifth Avenue; not on
Fifth Avenue or Ann Street.

CONFIDENTIALITY NOTICE:  The information in this transaction is intended
only for the individual or entity named above.  It may be legally
privileged and confidential.  If you have received this information in
error, please notify me immediately and delete this transmission and any
other documents, files and information transmitted herewith.  If the
reader of this message is not the intended recipient, you are hereby
notified that any disclosure, dissemination, distribution or copying of
this communication or its contents is strictly prohibited.

A mind once expanded by a new idea never returns to its original
dimensions. OLIVER WENDELL HOLMES

P Please consider the environment before printing this e-mail.

From: Elias, Abigail
Sent: Friday, June 11, 2010 10:48 AM
To: universitycities@lists.imla.org
Subject: Universities and PILOTs

Is any of you aware of authority (either yes or no) on a city being able
to make a public university make payments in lieu of taxes?  Any
authority on a public university being able to enter into a voluntary
agreement to do so?

Does any of you know of a city that has entered into such an agreement
with a public university or made a public university make such payments?

Abigail Elias, Chief Assistant City Attorney | City of Ann Arbor,
Michigan | mailto:aelias@a2gov.org mailto:aelias@a2gov.org  |
Telephone numbers: Office: (734) 794-6170 (+ Ext. 41888 for me) |
Direct: (734) 794-6188 | Internal extension: 41888 | Fax: (734) 994-4954
| Non-City Cell: (734) 320-7953

CONFIDENTIALITY NOTICE:  The information in this transaction is intended
only for the individual or entity named above.  It may be legally
privileged and confidential.  If you have received this information in
error, please notify me immediately and delete this transmission and any
other documents, files and information transmitted herewith.  If the
reader of this message is not the intended recipient, you are hereby
notified that any disclosure, dissemination, distribution or copying of
this communication or its contents is strictly prohibited.

A mind once expanded by a new idea never returns to its original
dimensions. OLIVER WENDELL HOLMES

P Please consider the environment before printing this e-mail.

Those of you on this list may appreciate the attached resolution that the Ann Arbor City Council approved last night. The City and University have been in discussions, but the matter is not yet resolved. The resolution was, in part, to communicate from City Council a unanimous approval of the position that has been taken by city administration. The signs and signals work costs us about $100,000 per season - and with an added game, will cost more - with one game this year a night game against Notre Dame. The entire unit (12 people) comes and works a full day those days. Abigail Elias, Chief Assistant City Attorney | City of Ann Arbor, Michigan | mailto:aelias@a2gov.org <mailto:aelias@a2gov.org> | Telephone numbers: Office: (734) 794-6170 (+ Ext. 41888 for me) | Direct: (734) 794-6188 | Internal extension: 41888 | Fax: (734) 994-4954 | Non-City Cell: (734) 320-7953 NOTE: the City has a new street address: 301 E. Huron Street, Ann Arbor, MI 48104. The P.O. Box mailing address has not changed: P.O. Box 8647, Ann Arbor, MI 48107-8647. The City Hall entrance is now on Huron Street, near Fifth Avenue; not on Fifth Avenue or Ann Street. CONFIDENTIALITY NOTICE: The information in this transaction is intended only for the individual or entity named above. It may be legally privileged and confidential. If you have received this information in error, please notify me immediately and delete this transmission and any other documents, files and information transmitted herewith. If the reader of this message is not the intended recipient, you are hereby notified that any disclosure, dissemination, distribution or copying of this communication or its contents is strictly prohibited. A mind once expanded by a new idea never returns to its original dimensions. OLIVER WENDELL HOLMES P Please consider the environment before printing this e-mail. From: Elias, Abigail Sent: Friday, June 11, 2010 10:48 AM To: universitycities@lists.imla.org Subject: Universities and PILOTs Is any of you aware of authority (either yes or no) on a city being able to make a public university make payments in lieu of taxes? Any authority on a public university being able to enter into a voluntary agreement to do so? Does any of you know of a city that has entered into such an agreement with a public university or made a public university make such payments? Abigail Elias, Chief Assistant City Attorney | City of Ann Arbor, Michigan | mailto:aelias@a2gov.org <mailto:aelias@a2gov.org> | Telephone numbers: Office: (734) 794-6170 (+ Ext. 41888 for me) | Direct: (734) 794-6188 | Internal extension: 41888 | Fax: (734) 994-4954 | Non-City Cell: (734) 320-7953 CONFIDENTIALITY NOTICE: The information in this transaction is intended only for the individual or entity named above. It may be legally privileged and confidential. If you have received this information in error, please notify me immediately and delete this transmission and any other documents, files and information transmitted herewith. If the reader of this message is not the intended recipient, you are hereby notified that any disclosure, dissemination, distribution or copying of this communication or its contents is strictly prohibited. A mind once expanded by a new idea never returns to its original dimensions. OLIVER WENDELL HOLMES P Please consider the environment before printing this e-mail.