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HomeMy WebLinkAboutResolutions - 1988.04.28 - 17469MISCELLANEOUS RESOLUTION # 880pq BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON MANAGEMENT AND BUDGET 7 IN RE: EOUALIZATION 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 Corporation 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 to 1987; 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 government in the County of Oakland over $1,652,000 in tax revenue; 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 deterrant for future appeals; and WHEREAS Shifman & Carlson, P.C. have submitted invoices in the amount of $2,732 for legal services rendered in preparation of the appeal for the period December 1, 1987 to February 29, 1988, and such invoices are being submitted quarterly; 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 $2,732 and finds said amount in the 1988 Contingency Account for such purpose. BE IT FURTHER RESOLVED that $2,732 be transferred from the 1988 Contingency Account to the Equalization Division budget as follows: 4-10100-909-01-00-9000 Contingency Account ($2,732) 4-10100-125-01-00-3456 Equalization Div. Legal 2,732 -0- Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. qESOLLIT'' :kr4immy FINANCE COMMITT,EE / RESOLUTION # April 28, 1988 28th day of April LYW q_LEN, County Clerk/Reg ster of De Moved by Caddell supported by Moffitt the resolution be adopted. • AYES: Lanni, Law, Luxon, McConnell, McDonald, A. McPherson, Moffitt, Oaks, Page, Pernick, Price, Rewold, Rowland, Skarritt, Bishop, Caddell, Calandro, Crake, Doyon, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn. (24) NAYS: None. (0) ABSTAIN: Aaron. (1) 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 'the attached resolution which was adopted by the Oakland County Board of Commissioners. at their meeting held on April 28, 1988 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