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HomeMy WebLinkAboutResolutions - 2003.05.29 - 27232MISCELLANEOUS RESOLUTION '103123 May 29, 2003 BY: Finance Committee, Chuck Moss, Chairperson IN RE: BOARD OF COMMISSIONERS - PROPOSED CITY OF WIXOM DOWNTOWN DEVELOPMENT AUTHORITY - TAX CAPTURE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners strongly supports the economic growth of Oakland County; and WHEREAS one of the tools used to promote this economic growth is Tax Increment Financing in the form of Downtown Development Authorities (DDAs), Tax Increment Finance Authorities (TIFAs) and Local Development Finance Authorities (LDFAs); and WHEREAS in order to review requests from the County's cities, villages, and townships to establish DDAs, TIFAs and LDFAs, the Board of Commissioners, pursuant to Miscellaneous Resolution #99010, established the Tax Increment Financing (TIF) District Review Policy Ad Hoc Committee [Ad Hoc Committee] to evaluate and recommend to the Finance Committee on the County's participation in these proposed authorities; and WHEREAS on April 8, 2003, the City of Wixom held a public hearing to revise (expand) its DDA District Boundaries; and WHEREAS the Downtown Development Authority Act, 1975 Public Act 197, as amended, Section 3 (3), authorizes the governing body of a taxing jurisdiction levying ad valorem property taxes that would otherwise be subject to capture by a DDA to exempt its taxes from capture by adopting, not more than 60 days after the public hearing on the adoption of a proposed DDA district, a resolution to that effect and filing a copy with the clerk of the municipality proposing to create the authority; and WHEREAS Section 3 (3) of 1975 Public Act 197, as amended, authorizes the governing body of a taxing jurisdiction levying ad valorem property taxes to rescind any resolution exempting its taxes from capture by a proposed DDA; and WHEREAS since the City of VVixom's public hearing on April 8, 2003, representatives from the City had a series of productive meetings with staff from Oakland County's Department of Community and Economic Development; and WHEREAS on May 6, 2003, the City of Wixom met with the County's Ad Hoc Review Committee on its proposed District expansion; and WHEREAS the Ad Hoc Review Committee is supportive of the City of VVixom's amended plan and recommends that, pursuant to MCL 125.1664(4), a contract be entered into between the County and the City of VVixom to share a portion of the captured assessed value of the amended district; however, the statutorily mandated 60 day time period requires that the County preserve its right to exempt its taxes from capture until such time as the City's attorneys and the County's Corporation Counsel can negotiate a contract; and WHEREAS the Ad Hoc Review Committee is faced with the leg al mandate that the County act on the issue of tax capture exemption within 60 days of April 8, 2003. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, pursuant to Section 3 (3) of 1975 PA 197, as amended, MCL 125.1653(3), hereby exempts its taxes from capture by the City of Wixom Downtown Development Authority. BE IT FURTHER RESOLVED that when the City's attorneys and the County's Corporation Counsel are able to successfully negotiate a contract for the County's participation in the expanded DDA's tax capture, the Ad Hoc Committee may recommend to the Board of Commissioners that this resolution be rescinded. BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Wixom City Clerk. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE 7 y FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Moffitt absent. G. William Caddell, County Clerk Resolution #03123 May 29, 2003 Moved by Moss supported by Potter the resolution be adopted. AYES: Coulter, Crawford, Douglas, Gregory, Hatcheft, Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Zack, Bullard, Coleman. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. I IRBY APPROVE THE FOREGOING RESOLUTION 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 May 29, 2003, 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 29th day of May, 2003.