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HomeMy WebLinkAboutResolutions - 2001.10.25 - 26630October 25, 2001 Miscellaneous Resolution #01283 BY: Planning and Building Committee, Charles E. Palmer, Chairperson RE: Department of Community and Economic Development — Resolution to Establish A Brownfield Redevelopment Authority WHEREAS, the Oakland County Board of Commissioners (the "Commission"), by resolution adopted on November 29, 2001 (the "Resolution"), determined that it is in the best interests of the public to facilitate the implementation of plans relating to the identification and treatment of environmentally distressed areas to promote revitalization of these areas in the County; and WHEREAS, the Commission declared its intention to provide for the operation of a Brownfield Redevelopment Authority for Oakland County (the "Authority") pursuant to the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the "Act"); and WHEREAS, on this date, pursuant to the Act and the Resolution of Intent, the Commission held a public hearing, notice of which was given as required by Section 4(2) of the Act, on the adoption of a resolution creating the Authority; and WHEREAS, all citizens, taxpayers and property owners of Oakland County and officials of the affected taxing jurisdictions had the right and opportunity to be heard at the public hearing on the establishment of the Authority; and WHEREAS, the Commission desires to proceed with the establishment of the Authority pursuant to the Act. NOW, THEREFORE, BE IT RESOLVED THAT: 1. Authority Created. The Authority is hereby established and shall be known as the Oakland County Brownfield Redevelopment Authority. 2. Supervision of the Authority. The Authority shall be under the supervision and control of a board (the "Board") appointed by the County Executive of Oakland County and subject to the approval of the Commission in accordance with the membership provisions set forth in Section 5(1) of the Act. The members of the Board shall hold office, and the Board shall conduct its procedures in accordance with the Act. 3. Powers and Duties of the Authority. The Authority shall have the powers and duties to the full extent as provided by law. Among other matters within the exercise of its powers the Board shall prepare Brownfield plan(s) pursuant to Section 13 of the Act and submit the plan(s) to the Commission for consideration pursuant to Section 14 of the Act. Planning & Building Committee Vote: Motion carried on unanimous roll call vote with Melton and Sever absent _ 4./ 4. Bylaws and Rules of the Authority. The Authority shall elect officers and adopt bylaws and rules governing its procedures and the holding of its meetings, all in accordance with Sections 5(3) and 5(5) of the Act. 5. Form of Approvals by the County Commission of Oakland County. Except as may otherwise be provided by the Act or other applicable law, approvals by the Commission of all matters pertaining to the Authority or its Board shall be by resolution. 6. Severability. Should any section, clause or phrase of this Resolution be declared by the courts to be invalid, the same shall not affect the validity of this Resolution as a whole nor any part thereof other than the part so declared to be invalid. 7. Publication. The County Clerk is hereby directed to file a true and complete copy of this Resolution with the Secretary of State of the State of Michigan promptly after adoption and to take all other actions incident upon such adoption pursuant to applicable charter or other provisions. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution. Planning & Building Committee Resolution #01283 October 25, 2001 The Chairperson referred the resolution to the Finance Committee. There were no objections.