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HomeMy WebLinkAboutResolutions - 2003.05.08 - 27253MISCELLANEOUS RESOLUTION #0310/ BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: BOARD OF COMMISSIONERS — PROPOSED CHARTER TOWNSHIP OF COMMERCE DOWNTOWN DEVELOPMENT AUTHORITY EXPANSION 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 some of the tools used to promote this economic growth are 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 and amend DDAs, TIFAs and LDFAs, the Board of Commissioners, pursuant to Miscellaneous Resolution #01002, established the Tax Increment Financing (TIF) District Review Policy Ad Hoc Committee; this Committee evaluates and makes recommendations to the Finance Committee regarding the County's participation in proposed authorities and amendments; and WHEREAS the Charter Township of Commerce (Township) submitted a proposal to expand an existing DDA; and WHEREAS the Township represents that all properties proposed for inclusion in the DDA expansion will not capture any County property taxes; therefore, the expansion will have no effect on potential tax revenues and no financial impact regarding loss of tax revenues to Oakland County; and WHEREAS the Township's plan was reviewed by the TIF District Review Policy Ad Hoc Committee on February 21, 2003; and WHEREAS the Ad Hoc Committee recommends support of the Township's DDA expansion, provided that the subject properties will not capture any County taxes. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the Charter Township of Commerce in its DDA expansion as set forth above and in the attached agreement. BE IT FURTHER RESOLVED that if the tax exempt status of the affected parcels should change in the future, the Township must appear before the TIF District Review Policy Ad Hoc Committee (or its successor) to allow the County the opportunity to "opt out" of any tax capture as provided by law. If the Charter Township's Board of Trustees fails to countersign the attached resolution by its June meeting, this resolution shall be considered as the County of Oakland's determination to exercise its right to opt out of the proposed expansion pursuant to MCL 125.1653(3). Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE f BY: 7LL Thomas K Z , Supervisor By: AGREEMENT This AGREEMENT is between the Charter Township of Commerce, Oakland County, Michigan, a Michigan municipal corporation (Township) and the County of Oakland, Michigan, a Michigan municipal corporation (County), as it relates to the expansion and amendment of the Downtown District of the Commerce Township Downtown Development Authority (DDA). RECITALS A. The Township established the DDA in 1984 pursuant to Act 197, Public Acts of 1975. To date, the original boundaries of the Downtown District as established in 1984 have not been amended. B. The Township has determined that the original boundary of the Downtown District should be enlarged to include the following parcel identification numbers: 17-24-300-006 17-24-300-009 17-24-300-044 17-24-300-059 17-24-300-060 17-24-300-061 17-24-300-062 17-24-300-063 17-24-300-064 17-24-300-065 17-24-401-022 17-25-101-034 17-25-126-001 17-25-126-010 17-25-126-115 THE PARTIES AGREE AS FOLLOWS: 1. The County agrees to support the expansion of the Commerce Township DDA Downtown District boundaries as set forth above and in the County's Misc. Resolution #03 attached, and incorporated with this agreement. 2. The Township agrees not to include the properties listed above in the capture of any tax increment revenues under the terms of any tax increment financing plan established, amended, or restated by the DDA. 3. The Township further agrees that if' any of the above-referenced parcels become subject to capture of any tax increment revenue under the terms of any current or future tax increment financing plan, the Township shall appear before the County's appropriate review committee(s) to allow the County to "opt out- of any tax capture as provided by law. CHARTER TOWNSHIP OF COMMERCE, a Michigan public corporation By:/util-CE4 41 Sandra S. Abrams, Clerk COUNTY OF OAKLAND, a Michigakpublic corporation 111 Thomas A. Law, Chairperson Board of Commissioners MISCELLANEOUS RESOLUTION #03 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: BOARD OF COMMISSIONERS — PROPOSED CHARTER TOWNSHIP OF COMMERCE DOWNTOWN DEVELOPMENT AUTHORITY EXPANSION TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chair6erson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners strongly supports the economic growth of Oakland County; and WHEREAS some of the tools used to promote this economic growth are 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 and amend DDAs, TIFAs and LDFAs, the Board of Commissioners, pursuant to Miscellaneous Resolution #01002, established the Tax Increment Financing (TIF) District Review Policy Ad Hoc Committee; this Committee evaluates and makes recommendations to the Finance Committee regarding the County's participation in proposed authorities and amendments; and WHEREAS the Charter Township of Commerce (Township) submitted a proposal to expand an existing DDA; and WHEREAS the Township represents that all properties proposed for inclusion in the DDA expansion will not capture any County property taxes; therefore, the expansion will have no effect on potential tax revenues and no financial impact regarding loss of tax revenues to Oakland County; and WHEREAS the Township's plan was reviewed by the TIF District Review Policy Ad Hoc Committee on February 21, 2003; and WHEREAS the Ad Hoc Committee recommends support of the Township's DDA expansion, provided that the subject properties will not capture any County taxes. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the Charter Township of Commerce in its DDA expansion as set forth above and in the attached agreement. BE IT FURTHER RESOLVED that if the tax exempt status of the affected parcels should change in the future, the Township must appear before the TIF District Review Policy Ad Hoc Committee (or its successor) to allow the County the opportunity to "opt out" of any tax capture as provided by law. If the Charter Township's Board of Trustees fails to countersign the attached resolution by its June meeting, this resolution shall be considered as the County of Oakland's determination to exercise its right to opt out of the proposed expansion pursuant to MCL 125.1653(3). Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Page 4 Tuesday, May 13, 2003 Regular Township Board Meeting sNitik\ ITEM 4:5-13 CONTRACTS AND AGREEMENTS A. County of Oakland and Charter Township of Commerce Expansion and Amendment of the Boundary of the Downtown Development District 4A1: Finance Committee Resolution. MOTION by Gross, supported by Munro, to approve the First Resolution for County of Oakland and Charter Township of Commerce Expansion and Amendment of the Boundary of the Downtown Development District 4A1: Finance Committee Resolution. ROLL CALL VOTE AYES: Munro, Maga!ski, Gross, Sovel, Long, Abrams, Zoner NAYS: MOTION CARRIED UNANIMOUSLY B. Rio-Solid Transfer Pump Contract Loren Crandell, Giffels-Webster Engineers, explained the contract. MOTION by Munro, supported by Sovel, to approve the Bo-Solid Transfer Pump/Agitator Contract as recommended by the Township Engineers. Funds to come from the Improvement Revolving Sewer Fund in the amount not to exceed $75,974.00. MOTION CARRIED UNANIMOUSLY C. Wastewater Treatment Plant Structural Analysis of Oxidation Ditch Loren GrandeII, Giffels-Webster Engineers, explained the proposal. MOTION by Sovel, supported by Maga'ski, to approve an agreement with Giffels- Webster Engineers for Engineering Services for Wastewater Treatment Plant Structural Analysis of Oxidation Ditch. Funds to come from the Improvement Revolving Fund Sewer Fund in the amount not to exceed $15,000.00. MOTION CARRIED UNANIMOUSLY D. Nutrient Study Contract Amendment Loren Crandell, Giffels-Webster Engineers, explained the amendment. MOTION by Munro, supported by Sovel, to Table the Nutrient Study Contract Amendment. MOTION CARRIED UNANIMOUSLY E. Lower Mount Royal West Canal Dredging Jay James, Giffels-Webster Engineers, explained the project. MOTION by Munro, supported by Sovel, to approve the Lower Mount Royal West Canal Dredging contract to Michigan Aquatic Control at a cost of $137,000.00. MOTION CARRIED UNANIMOUSLY STATE OF MICHIGAN ) )SS COUNTY OF OAKLAND) I, the undersigned, duly qualified and acting Township Clerk of the Charter Township of Commerce, Oakland County, Michigan, do hereby certify that this is a true and correct copy of the Minutes of the Regular Meeting of the Township Board held on Tuesday, May 13, 2003 at 7:00 p.m. at the Township Hall located at 2840 Fisher Avenue, Commerce Township, Michigan, 48390. In witness whereof, I have affixed my official signature this 15th day of May, 2003. Sandra S. Abrams, CM Clerk, Charter Township of Commerce 71GOING RESOLU S7A43 itNe Date ; HEREB •),,-.).1/4 s Cr8011. , G. William Caddell, County Clerk Resolution #03107 May 8, 2003 Moved by Moss supported by Long the resolution be adopted. AYES: Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Zack, Bullard, Coleman, Coulter. (23) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. 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 8, 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 8th day of May, 2003.