HomeMy WebLinkAboutResolutions - 1984.08.09 - 16010August 9, 1984
MISCELLANEOUS RESOLUTION it 84223
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: EQUALIZATION DIVISION-LEGAL FEES FOR PENDING AND FUTURE APPEALS,
i.e., XEROX, STATE TAX COMMISSION, etc.
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 Corporation's contention of State Equal-
ized Value and Oakland County's is approximately $30 million for 1980, 1981, 1982,
and while a motion is now pending before the court to include an as yet undetermined
additional amount for 1983 and 1984; and
WHEREAS the County of Oakland, through their attorneys and with the cooperation
of the Cities, Townships, and School Districts involved, have prevailed, thus
preserving for all units of government in the County of Oakland over $1,652.000 in
tax revenues; and
WHEREAS the outside costs incurred to date for appraisers, attorneys, CPA's,
statisticians and expert witness fees has been collected from all units with the
exception of two school districts who have refused to pay their fair share; and
WHEREAS there still exists a suit against the County of Oakland for the discrim-
ination and exemption issues, and the acute possibility of appeals to the Michigan
Court of Appeals and the Michigan Supreme Court; 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 harassment; and
WHEREAS $29,155 is requested for outside legal services rendered in said appeals
for the period January 1 through June 30, 1984 consistent with the attached schedule;
and
WHEREAS Corporation Counsel finds the estimated legal fees reasonable and recom-
mends an appropriation in the amount of $29,155.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners finds $29,155
available in the 1984 Contingency Account to cover said cost.
BE IT FURTHER RESOLVED that the Board of Commissioners appropriates $29,155
from the 1984 Contingency Account and transfers said amount to the Equalization
Division-Legal Expense Account as follows:
909-01-00-9900 Contingency $(29,155)
152-01-00-3456 Legal Expense
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
29,155
$ -0-
FINANCE COMMITTEE
HER •-':Y APPROVE THE FOVGOING RESOLUTIO
LEGAL SERVICES - EQUALIZATION DIVISION
A. Leo Goldstein, P.C. - Michigan Tax Commission Appeal
Date of Invoice
7/10/84
Date of Services Rendered
1/19/84-7/9/84
Amount Due
$11,496.14
B. Shifman, Goodman IS( Carlson, P.C. - Xerox Appeal
Carry Forward from 1983
1/31/84
2/29/84
3/31/84
4/30/84
5/31/84
6/30/84
1/1/84 - 1/31/84
2/1/84 - 2/28/84
3/1/84 - 3/28/84
4/1/84 - 4/30/84
5/1/84 - 5/30/84
6/1/84 - 6/30/84
Xerox Total
$ 194.16
7,051.47
1,038.19
2,851.03
3,171.59
2,970.01
381.62
$17,658.07
Total Outstanding Balance $29,154.21
this 90 day of August 19 84
ALLEN
al
S.
04223 August 9, 1984
Moved by Caddell supported by McPherson the resolution be adopted.
AYES: Fortino, Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law,
McConnell, McDonald, McPherson, Moffitt, Page, Perinoff, Pernick, Price, Rewold,
Wilcox, Aaron, Caddell. Calandro, Doyon, Foley. (23)
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 #84223 adopted by the Oakland County Board of Commissioners
at their meeting held on August 3, 1984
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
County Clerk/Register of Deeds