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Certificate of Incumbency and MAPS

MB
Michael Beason
Wed, Jan 6, 2021 10:11 PM

Greetings,

My municipality has recently passed a MAPS tax (sales tax).  Purportedly the lender or trustee bank has forwarded a Certificate of Incumbency.

Anyone know specifically what this is?  Any issue in authorizing an unelected official under the Certificate of Incumbency?

Thank you.

Greetings, My municipality has recently passed a MAPS tax (sales tax). Purportedly the lender or trustee bank has forwarded a Certificate of Incumbency. Anyone know specifically what this is? Any issue in authorizing an unelected official under the Certificate of Incumbency? Thank you.
JM
Jon Miller
Thu, Jan 7, 2021 2:29 PM

My understanding is that a certificate of incumbency is a document verifying the names and positions of city officials (councilmembers, mayor, trustees of a public trust, city clerk, etc.) as of the relevant legal date.  While not titled as such, those certifications are often executed in connection with bond or other financing.  The manager of the public trust and the city manager, both unelected positions, are routinely identified in those certifications.

Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma  73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155


This message is sent by a lawyer and may contain information that is privileged or confidential.  If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments.  This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender.  Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

From: Oama oama-bounces@lists.imla.org On Behalf Of Michael Beason
Sent: Wednesday, January 6, 2021 4:11 PM
To: oama@lists.imla.org
Subject: [Oama] Certificate of Incumbency and MAPS

Greetings,

My municipality has recently passed a MAPS tax (sales tax).  Purportedly the lender or trustee bank has forwarded a Certificate of Incumbency.

Anyone know specifically what this is?  Any issue in authorizing an unelected official under the Certificate of Incumbency?

Thank you.

My understanding is that a certificate of incumbency is a document verifying the names and positions of city officials (councilmembers, mayor, trustees of a public trust, city clerk, etc.) as of the relevant legal date. While not titled as such, those certifications are often executed in connection with bond or other financing. The manager of the public trust and the city manager, both unelected positions, are routinely identified in those certifications. Jonathan E. Miller City Attorney City of Mustang 1885 Piedmont Road N., Suite B P.O. Box 546 Piedmont, Oklahoma 73078 Telephone: (405) 883-6266 Facsimile: (405) 883-6155 ******************************************************************************* This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Oama <oama-bounces@lists.imla.org> On Behalf Of Michael Beason Sent: Wednesday, January 6, 2021 4:11 PM To: oama@lists.imla.org Subject: [Oama] Certificate of Incumbency and MAPS Greetings, My municipality has recently passed a MAPS tax (sales tax). Purportedly the lender or trustee bank has forwarded a Certificate of Incumbency. Anyone know specifically what this is? Any issue in authorizing an unelected official under the Certificate of Incumbency? Thank you.