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HomeMy WebLinkAboutResolutions - 1984.11.08 - 17453-51 1? November 8, 1984 MISCELLANEOUS RESOLUTION # 84299 BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRMAN IN RE: MANAGEMENT AND BUDGET DEPARTMENT-EsUALIZATION LEGAL FEES 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 Equalized Value and Oakland County's 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 its attorneys and with the coopera- tion 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 discrimination 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 de- terent for future harassment; and WHEREAS $2,506 is requested for outside legal services rendered in said appeals for the period July 1 through September 30, 1984 consistent with the attached schedule; and WHEREAS Corporation Counsel finds the estimated legal fees reasonable and recommends an appropriation in the amount of $2,506. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners finds $2,506 available in the 1984 Contingency Account to cover said cost. BE IT FURTHER RESOLVED that the Board of Commissioners appropriates $2,506 from the 1984 Contingency Account and transfers said amount to the Equalization Division-Legal Expense Account as follows: 909-01-00-9900 Contingency $(2,306) 125-01-00-3456 Legal Expense 2,506 -0- Mr. Chairman, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE I HEREO APPROVE THE FOREGOING RESOLUTION CeltAPv.ur- five Dal* LEGAL FEES - EQUALIZATION DIVISION SHIFMAN, GOODMAN & CARLSON, P.C. - XEROX APPEAL Date of Invoice Date of Services Rendered Amount Due 7/31/84 7/1-7/31184 $ 181.66 8/31/84 8/1-8/31/84 1,237.32 9/30/84 9/1-9/30/84 1,086.04 Total Amount Due $2,505.02 I 931-- 8th day of t_ALLEN County Clerk/Register of Deeds . . _ #84299 November 8, i984 Moved by Caddell supported by Perinoff the resolution be adopted. AYES: McPherson, Moffitt, Moore, Olsen, Page, Perinoff, Price, Rewold, Wilcox, Aaron, Caddell, Calandro, Foley, Fortino, Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY CF OAKLAND) 1, 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 adooted by the Oak1An4 at their meeting held on November 8. 104 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, 1 have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan this