HomeMy WebLinkAboutResolutions - 1986.05.22 - 10768MISCELLANEOUS RESOLUTION #86137
By: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: EQUALIZATION DIVISION - LEGAL FEES - XEROX CORPORATION
VS. OAKLAND COUNTY
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies, and Gentlemen:
WHEREAS the Xerox Corporation has caused the County of Oakland
to incur sizeable legal expenses through litigation before the
Michigan Tax Tribunal; and
WHEREAS the difference between Xerox Corporations contention
of State Equalized Value and Oakland County's is approximately $30
million for 1980, 1981, 1982,and while a motion is now pending
before the Michigan Court of Appeals to include a yet undetermined
additional amount for 1983 and 1984; and
WHEREAS the County of Oakland, through its attorneys and
with the cooperation of the cities, Townships, and School Districts
involved, have prevailed, thus preserving for all units of govern-
ment in the County of Oakland over $1,652,000 in tax revenues; and
WHEREAS legal action is outstanding for the pending case of
discrimination and exemption issues, and the Xerox Corporation
has appealed the case to the Michigan Court of Appeals; and
WHEREAS other manufacturers and leasing companies have
observed our efforts and determination in defending ourselves
successfully and this may act as a deterrent for future appeals; and
WHEREAS Shifman, Goodman and Carlson, P.C. have submitted an
invoice in the amount of $3,096 for legal services rendered in
preparation of the appeal for the period May 21, 1985 through
March 31, 1986; and
WHEREAS Corporation Counsel finds the legal fees reasonable.
• NOW THEREFORE BE IT RESOLVED that the Board of Commissioners
authorize payment of legal fees in the amount of $3,096 and finds
said amount in the Contingency Account for such purpose.
BE IT FURTHER RESOLVED that $3,096 be transferred from the
Contingency Account to the Equalization Division budget as follows:
4-10100-909-01-00-9900 Contingency $ (3,096)
Account
4-10100-125-01-00-3456 Equalization Div. 3,096
Legal Expense
-a-
Mr. Chairperson, on behalf of the Finance Committee, I move
the adoption of the foregoing resolution.
FINANCE COMMITTEE
I HER' APPROVE THE FOREGOING RESOLUTION
,
EifecutA I Dal
Amount
$ 29,155.00
2,506..00
394.00
7,463.45
$ 39,518.45
Schedule I
Miscellaneous
Resolution #
84223
84299
85032
85174
DEPARTMENT OF MANAGEMENT AND BUDGET
EQUALIZATION DIVISION - LEGAL FEES
SHIPMAN, GOODMAN & CARLSON, P.C.
Paid to Date
Period of Service
1/8 - 6/30/84
7/1 - 9/30/84
10/1 - 12/31/84
1/1 - 4/30/85
#85137 May 22, 1986
Moved by Caddell supported by Susan Kuhn the resolution be adopted.
AYES: Hassberger„ Hobart, R. Kuhn, S. Kuhn, Lanni, Law, McConnell,
McDonald, McPherson, Moffitt, Nelson, Olsen, Perinoff, Perniek, Price,
Rewold, Rowland, Skarritt, Webb, Wilcox, Caddell, Calandro, Doyon,
Fortino, Gosling. (25)
NAYS: None. (0)
PASS: Page. (1)
ABSTAIN: Aaron. (1)
A sufficient majority having voted therefor, the resolution was adopted.
$TATE. OF MtOMOANI
COUNTY- OF OAKLAND)•
k, Lynn D. Allen, Clerk of the County- of Oakland and having a
seal, do hereby certify that 1 have compared the annexed copy of
Miscellaneous Resolution #86137 adopted.by the Oakland County Board of
Commissioners at their meeting held on May 22, 1986
with the original record thereof now remaining in my office,
and that it is a true and correct transcript therefrom, and
of the whole thereof.
in Testimony Whereof, i have hereunto set my hand and affixed
the seal of said County at Pontiac, Michigan
this 22nd day of May 198k