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HomeMy WebLinkAboutResolutions - 1985.10.24 - 11251MISCELLANEOUS RESOLUTION # 85288 October 10, 1985 BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: 1985 COUNTY GENERAL FUND PROPERTY TAX AND PARKS AND RECREATION TAX RATE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: • WHEREAS THE County has a fixed millage tax rate of 5.26 mills; a voted .25 mill for Parks and Recreation; and WHEREAS the Huron-Clinton Authority has requested the County to apply a .25 mill property tax rate; and WHEREAS the combined rollback required by Art. 9, Sec. 31 of the Michigan Constitution, the Headlee Tax Limitation amendment, has authorized the County tax rate of 5.26 mills, the Parks and Recreation tax rate of .25 mill and the Huron-Clinton Authority rate which remains at .25 mill; and WHEREAS Public Act 213 of 1981, "Truth in Assessing" Act requirements, sets the maximum allowable County tax rate at 5.26 mills and the Parks and Recreation Tax Rate at .25 mill; and WHEREAS Public Act 5 of 1982, "Truth in Taxation" Act, requires the County Board of Commissioners to hold a public hearing if the recommended Property Tax rate exceeds the allowable Base Tax Rate of 4.5148 mills; and WHEREAS the County Executive recommends that there be no increase in the County General Fund current property tax rate; and WHEREAS it is recommended that the 1985 County General Fund Property Tax rate be set at 4.6391 mills, .6209 mill below the maximum allowable tax rate and the Parks and Recreation tax rate at .2500 mill, the maximum allowable tax rate (provided that the County General Fund Property Tax rate not be changed from 4.6391 mills); and WHEREAS $71,070,764 is the amount of the 1986 County Budget to be raised by taxation based on the 1985 Equalized Valuation of $15,319,946,552 at the recom- mended tax rate of 4.6391 mills, together with the voted .2500 mill for Parks and Recreation or $3,829,987 and the .2500 mill for the Huron-Clinton Authority or $3,829,987. NOW THEREFORE BE IT RESOLVED that each Supervisor of the various townships and Assessing Officers of the several cities of Oakland County be and they are hereby authorized and directed to spread on their respective township or city tax rolls for the year 1985 the following tax rates to be applied to their 1985 equalized valuation: 4.6391 mills .2500 mill .2500 mill FINANCE COMMITTEE HER ( APP / , / • / R,FGC)!NC.; RESOLUTION 1) nit- 1T. Murph ri ats 1985 County Voted for Huron—Clinton General Property Tax Levy Parks and Recreation Authority BE IT FURTHER RESOLVED that the setting of the Parks and Recreation tax rate of .2500 mill is with the provision that the County General Fund Property Tax rate not be changed from 4.6391 mills. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. OAKLAND COUNTY, MICHIGAN 1936 PROPERTY TAX RATE COMPUTATION The 1986 property tax rate computation is impacted by several State statutes, including: - The Headlee constitutional tax limitation amendment, adding section 211.34d of the Michigan Compiled Laws, subsequently amended by PA 539 of 1982, - The "Truth in Assessing" Act, Public Act 213 of 1981 amending section 211.34 of the Michigan Compiled Laws, - The "Truth in Taxation" Act, Public Act 5 of 1982, adding section 211.24e of the Michigan Compiled Laws. A capsule statement of the purpose of each statute as well as the computation of their respective rollback fractions are provided in attached Schedules I, II and III. The Headiee and "Truth in Assessing" rollback are compound reductions based on the County's maximum authorized operating levy of 5.26 mills. Headlee Rollback Maximum Authorized Levy 1979-85 CMRF 1) Headlee Authorized Levy 5.2600 mills 1.0000 5.2600 mills 1) Although the Compound Millage Reduction Fraction computes to 1.0150 because the increase in the State Equalized Value (2.7%), excluding losses and additions, was less than the increase in the General Price Level (4.3%), the CMRF cannot exceed 1.0 for any year. Truth in Assessing Rollback Headlee Authorized Levy 1985 Sec. 34 Rollback Fraction Allowable Tax Levy 5.2600 mills 1.0000 5.2600 mills Truth in Taxation Rollback The Truth in Taxation Base Tax Rate is computed against the millage rate actually levied in the immediately concluding fiscal year. 1984 Actual Tax Rate 1985 Base Tax Rate Fraction 1985 Base Tax Rate 4.6391 mills .9732 4.5148 mills The Board of Commissioners may levy a millage rate up to the Base Tax Rate of 4.5148 mills without holding a Public Hearing. The Board has the further discretion of levying an additional millage rate, up to 5.26 mills, only after holding a public hearing and adopting a separate resolution specifying the Increased Tax Rate. The Board shall not levy a tax rate in excess of the Allowable Tax Levy of 5.2600 mills. -1- SCHEDULE II "TRUTH IN ASSESSING" 1985 ROLLBACK FRACTION Public Act 213 of 1981, "Truth in Assessing Act", which applies to counties and other taxing authorities other than school districts, amended section 21134 of the Compiled Laws of Michigan so that the taxing jurisdiction would be restricted to an operating levy based on that unit's authorized valuation total rather than a full levy based on the State Equalized Valuation. The Act restricts the County to a levy rate for operating purposes which will yield no more revenue on the total State Equalized Valuation (S.E.V.) of the County than the maximum authorized millage rate would have produced if levied on the total County Equalized Valuation (C.E.V.). There is no provision for removal of the "Truth in Assessing" rollback other than by placing a valuation on County property equal to the State equalized level. The reduction fractions from the Headlee Amendment and the "Truth in Assessing" Act compound in their cumulative/reduction of maximum authorized operating millage. The 1985 section 21134 rollback fraction is computed as follows: Total County Equalized Valuation = 1985 Sec. 34 Rollback Fraction Total State Equalized Valuation .15 319 946 552 I.0000 15,319,946,552 1985 Sec. 34 Rollback Fraction = 1.0000 SCHEDULE III "TRUTH IN TAXATION" BASE TAX RATE FRACTION Public Act 5 of 1982 added section 211.24e to the Compiled Laws of Michigan which requires that any local unit of government which levied more than one mill in 1984 shall either reduce its 1985 levy rate to compensate for an increased tax base or advertise its intention to increase property taxes and hold a public hearing to allow for taxpayer intervention. No sooner than seven days after the public hearing,' the governing body may then increase taxes by a vote of its members, provided that in no case can the levy rate exceed the allowable rate which results from the compound reduction required by the "Truth in Assessing" Act, Sec. 211.34, and the Headlee Amendment, Sec. 211.34d. It is important to note that the Base Tax Rate that results from application of the "Truth in Taxation" Act is based on the rate actually levied in the concluding fiscal year whereas the Headlee and "Truth in Assessing" rollbacks are based on maximum authorized operating rates regardless of the rate which was actually levied in the preceding year. The 1985 section 211.24e Base Tax Rate Fraction is computed as follows: 1984 Total S.E.V.-Losses S.E.V. = 1985 Base Tax Rate Fraction 1985 Total S.E.V.-Additions S.E.V. 14,408,866,141-218,947 ,726 = .9732 15,319,946,552-739,103,057 1985 Base Tax Rate Fraction = .9732 -4- B6 #85288 October 24, 1985 24th day of / ) October 19 85 ALLEN County Clerk/Register of Deeds Moved by Caddell supported by Webb the resolution be adopted. Moved by Doyon supported by Aaron the resolution be amended by striking 4.6391 mills and insert 4.5148 mills. AYES; Doyon, Fortino, McPherson, Moore, Perinaff, Pernick, Price, Aaron. (8) NAYS: Caddell, Calandro, Gosling, Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, Moffitt, Nelson, Olsen, Page, Rewold, Skarritt, Webb, Wilcox. (18) A sufficient majority not having voted therefor, the amendment failed. Vote on resolution: AYES: Calandra, Doyon, Fortino, Gosling, Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McPherson, Moffitt, Moore, Nelson, Olsen, Page, Perinoff, Pernick, Price, Rewold, Skarritt, Webb, Wilcox. Aaron, Caddell. (26) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of Miscellaneous Resolution # 85288 adopted by the Oakland County Board of Commissioners at their regular meeting held on October 24, 1985 with the orginial 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