HomeMy WebLinkAboutResolutions - 2000.09.21 - 26236MISCELLANEOUS RESOLUTION # 00236 September 21, 2000
BY: Sue Ann Douglas, Chairperson, Finance Committee
IN RE: NOTICE TO CHARTER TOWNSHIP OF HIGHLAND THAT OAKLAND COUNTY EXEMPTS ITS
AD VALOREM PROPERTY TAXES FROM CAPTURE FOR THEIR PROPOSED DOWNTOWN
DEVELOPMENT AUTHORITY
To the Oakland County Board of Commissioners
Chairperson, Ladies arid Gentlemen:
WHEREAS 1975 Public Act 197, provides for the establishment of Downtown Development
Authorities (DDA); and
WHEREAS pursuant to statute, a municipality may create a DDA when it has determined that it is
necessary for the best interests of the public to halt property value deterioration and increase property tax
valuation where possible in its business district...; and
WHEREAS the Oakland County Treasurer was notified by the Charter Township of Highland of
its intent to establish a DDA; and
WHEREAS a public hearing was held on August 23, 2000, in the Charter Township of Highland
Hall to consider the adoption of a proposed ordinance to establish a DDA; and
WHEREAS pursuant to Section 3(3) of 1975 Public Act 197, as amended, M.C.L.A. 125.1653(3),
a governing body of a taxing jurisdiction levying ad valorem property taxes that would otherwise be
subject to capture, may exempt its taxes from capture by adopting a resolution to that effect and filing a
copy with the clerk of the municipality proposing to create the authority, not more than 60 days after a
public hearing on the adoption of the proposed ordinance creating an authority; and
WHEREAS the statutorily mandated 60 day time period within which the county must act to
preserve its right to exempt its taxes from capture forces the County to make its tax exemption
determination before a detailed downtown development plan has been prepared and adopted by a
municipality, making responsible determinations as to the proposed DDA compliance with State statute(s)
and evaluations of fiscal impact on County revenues both premature and speculative; and
WHEREAS the Ad Hoc Review Committee, faced with the legal mandate that the County act on
the issue of tax capture exemption within 60 days of August 23, 2000, and concerned both with the
proposed Charter Township of Highland's DDA's consistency with State statute and the speculative
nature of the impact of the projected revenue loss to the County, has recommended that the County of
Oakland exempt its taxes from capture by the proposed Charter Township of Highland's Downtown
Development Authority; and
WHEREAS the Ad Hoc Review Committee further recommends that the County, through the
appropriate County departments and officials, offer to work with the Charter Township of Highland so that
a downtown development strategy benefiting both the Township and the County may be developed and, if
appropriate, presented to the Board of Commissioners.
NOW THEREFORE BE IT RESOLVED that pursuant to Section 3(3) of 1975 Public Act 197, as
amended, MCL 125.1653(3), the Oakland County Board of Commissioners hereby exempts its taxes from
capture by the proposed Charter Township of Highland's Downtown Development Authority.
BE IT FURTHER RESOLVED that the County, through the appropriate County departments and
officials, offers to work with the Charter Township of Highland in creating a downtown development
authority consistent with county criteria and state law.
BE IT FURTHER RESOLVED that provided that the Charter Township of Highland demonstrates
to the County that the proposed DDA complies with all statutory requirements under 1975 Public Act 197,
the County may review and negotiate with the Township a mutually beneficial agreement to enhance the
economic development of both the County and the Township.
BE IT FURTHER RESOLVED that the County Clerk is directed to file a copy of this resolution
with the Clerk of the Charter Township of Highland, before October 20, 2000.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Jensen and Millard absent.
TA 2-4-v
Resolution #00236 September 21, 2000
Moved by Douglas supported by Colasanti the resolution be adopted.
AYES: Coleman, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law,
McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson,
Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell. (21)
NAYS: Colasanti. (1)
A sufficient majority having voted therefor, the resolution
was adopted.
I HEREPv,›DPBCISLE THE FOREGOING P-"" 1TION
L. Brooks Pattiweon. County Executive Date
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the
foregoing resolution is a true and accurate copy of a resolution adopted by the
Oakland County Board of Commissioners on September 21, 2000 with the original
record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac, Michigan this,Olst 04Y of Septimber, 2000.
G. William Caddell, County Clerk