HomeMy WebLinkAboutResolutions - 2003.05.08 - 27256REPORT (MISC. 103116) May 8, 2003
BY: Finance Committee, Chuck Moss, Chairperson
In Re: Planning and Economic Development Services Division - Resolution Approving
the Creation of a Local Development Finance Authority Between the City of
Southfield and the City of Troy Pursuant to Act 281 of 1986
To the Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having met on May 1, 2003, recommends approval of the above-titled
Planning and Building Resolution with an amendment to the NOW THEREFORE BE IT RESOLVED
paragraph to insert the words "for a duration of 15 years", as follows:
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the creation of a Local Development Finance Authority for a
duration of 15 years between the City of Southfield and the City of Troy pursuant to
Public Act 281 of 1986.
Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report.
FINANCE COMMITTEE
tift/CA.
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
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lanning & Buildingw•mmiftee
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May 8, 2003
MISCELLANEOUS RESOLUTION #03...116
BY: Planning & Building Committee, Charles E. Palmer, Chairperson
IN RE: PLANNING & ECONOMIC DEVELOPMENT SERVICES — RESOLUTION APPROVING THE
CREATION OF A LOCAL DEVELOPMENT FINANCE AUTHORITY BETWEEN THE CITY OF
SOUTHFIELD AND THE CITY OF TROY PURSUANT TO ACT 281 OF 1986
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS P.A. 281 of 1986, as amended by PA 248 of 2000, authorizes one or more
municipalities located within the same county to establish a joint authority which may exercise its powers
as a certified technology park and to capture taxes from property within the authority area; and
WHEREAS the Planning and Economic Development Services Division has been advised by the
Cities of Southfield and Troy that they wish to create a multi-jurisdictional Local Development Finance
Authority under Public Act 281 of 1986; and
WHEREAS once this authority is established, the Cities of Southfield and Troy plan to seek
approval from the Michigan Economic Development Corporation ("MEDC") for the area within the
authority to be designated as a Smart Zone: and
WHEREAS P.A. 281 of 1986 requires approval by resolution from the governing body of the
County in which a majority of the authority district will be located.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the creation of a Local Development Finance Authority between the City of Southfield and the
City of Troy pursuant to Public Act 281 of 1986.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide certified copies
of this resolution to the Clerk of the City of Southfield and to the Clerk of the City of Troy.
BE IT FURTHER RESOLVED that this Local Development Finance Authority shall become
effective upon the filing with the Secretary of State resolutions from the City of Southfield and the City of
Troy approving the establishment of this joint authority as required by MCL 125.2154(7).
Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the
foregoing resolution.
Planning & Building Committee Vote:
Motion carried on a roll call vote with McMillin voting no
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SEW CITY CLERK
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lihoo2
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WHEREAS,
Section 3 (2) of Act 281 DVICL 125.2153] provides that a municipality
may join with one or more other municipalities located within the same
county to establish a joint authority under the Act, and
Section 4 (7) of Act 281 [MCL 125.21543 provides that the city councils
of two or more municipalities may declare by resolution their intention to
create and provide for the operation of a joint authority, and
, the City Council of the City of Southfield on January 13, 2003 approved a
Resolution of Intent to hold a public bearing on February 10, 2003 to
create a Joint Local Development Finance Authority and establish
boundaries, and
•
CITY OF SOUTHFIELD
COUNTY OF OAICLAND, STATE OF XICIUGAN
RESOLUTION CREATING A JOINT LOCAL DEVELOPMENT FINANCE
AUTHORITY AND ESTABLISHMENT OF BOUNDARIES
•nnn••••n•n•••1
•
WHE • ; , Public Act 281 of 1986 is an act to prevent urban deterioration and
encourage economic development including, but not limited to, high-
teelmology industries and. activity and to encourage neighborhood
revitalization and historic preservation and to provide a mechanism for
develaping and kJ:Epic:went:ft plans within a development area, and
-ozt. - , Public Act 281 of 1986 provides for the establishment of local
development finance authorities as well as joint authorities and to
prescribe its powers and duties; to provide for the creation and
implementation of development plans; to authorize the acquisition and
disposal of interests in real and personal property; to permit the issuance
of bonds and other evidences of indebtedness by an authority; to prescribe
powers and duties of certain state officers and agencies; and to authorize
and permit the use of tax increment financing, and
• re - , Section 4 of Act 281 [MCL 125.2154) provides that the City Council may
declare by resolution its intention to create and provide for the operation
of an authority, and establish the time and place of a public hearing at
which a resident, taxpayer or property owner of the municipality has a
right to be heard in regard to the establishment of the authority and the
boundaries of the proposed authority district, and
, notice of the City of Southfield's public hearing was published on January
16,2003 and January 19, 2003 in a newspaper of general circulation in the
City of south-field, and notice of the heating also was mailed on January
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COUNTY EXECUTIVE
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!WHEREAS,
• • •
CITY OF SOUTHFIELD
COUNTY OF OAKLAND, STATE OF MICHIGAN
RES11
)LUTION CREATING A JOINT LOCAL DEVELOPMENT FINANCE
AUTIIORTTY AND ESTABLISHNIENT OF BOUNDARIES
1••••
wza • ; • Public Act 281 of 1986 is an act to prevent urban deterioratioa and
encourage economic development including, but not limited to, high-
teclmology industries and activity and to encourage neighborhood
revitalization and historic preservation and to provide a mechanism for
developing and implementing plans within a development area, and
• , Public Act 281 of 1986 provides for the establishment of local
development finance authorities as well as joint authorities and to
prescribe its powers and duties; to provide for the creation and
impleraentation of development plans; to authorize the acquisition and
disposal of interests in real and personal property; to permit the issuance
of bonds and other evidences of indebtedness by an authority; to prescribe
powers and duties of certain state officers and agencies; and to authorize
and permit the use of tax increment financing, and
• ;AS, Section 4 of Act 281 [MCL 125.21543 provides that the City Council may
declare by resolutioa its intention to create and provide for the operation
of an authority, and establish the time and place of a public hearing at
• which a resident, taxpayer or property owner of the municipality has a
right to be heard in regard to the establishment of the authority and the
• boundaries oft= proposed authority district, and
wilEgBAs,
WHEREAS,
IWI4REAS,
Section 3 (2) of Act 281 DAM 125.2153) provides that a municipality
may join with one or more other municipalities located within the same
county to establish a joint authority under the Act, and.
Section 4 (7) of Act 281 [lvICL 12521543 provides that the city councils
of two or more municipalities may declare by resolution their intention to
create and provide for the operation of a joint authority, and
the City Council of the City of Southfield on January 13, 2003 approved a
Resolution of Intent to hold a public hearing on February 10, 2003 to
create a Joint Local Development Finance Authority and establish
boundaries, and
notice of the City of Southfield's public hearing was published on January
16,2003 and January 19.2003 in a newspaper of general circulation in the
City of Southfield, and notice of the hearing also was mailed on January
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15, 2003 to the property tax payers of record in the proposed Authority
District, and :
WHEREAS, the City Council of the City of Southfield held a public hearing on
February 10; 2003 and approved a Resolution of Intent to create a Joint
Local Development Finance Authority and establish boundaries, and
WHEREAS, as required by PA 281 of 1986, as amended, a 60 day period for public
comment has occurred, resulting in no objection to the creation of a Joint
Local Development Finance Authority or the proposed boundaries, and
WHEREAS, Section 4 (7) of Act 281 [MCL 12521541 provides that municipalities
creating a joint authority shall enter into an agreement that includes
provisions governing the number of members on the board, the method of
appointment, the members to be represented by governmental units or
agencies, the terms of initial and subsequent appointments to the board,
the mariner in which a member of the board may be removed for cause
before expiration of his or her term, the manner in which the authority
may be dissolved, and the disposilion of assets upon dissolution, and
WHEREAS, Section 12 (10) of Act 281 rMCL 125.21624 provides that the
muoicipalities that have made a pledge to support the autlanit. y'a tax
increment bonds may approve by resolution an agreement among
themselves establishing obligations each may have to the other party or
parties to the agreement for rent' tbursement of all or any portion of a
payment made by a municipality related to its pledge to support the
authority's tax increment bonds, and
WHEREAS, should the Council of the City of Troy fail to pass a fennel resolution in a
timely Manner, the Council of the City of Southfield intends to proceed
with a resolution to establish boundaries for a new district through the
jurisdictian of the existing Southfield Local Development Finance
Authority, and
WHEREAS, the City lof Saint:1501d and Michigan Economic Development Corporation
have entered into an agreement that establishes the boundaries of a
certified; technology park within the City,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Southfield
determines that it is in the best interests of the public to increase property
tax valuation, and to promote growth in an area of the City of Southfield
de.finedi as a certified technology park, particularly growth related to
industri6s engaged in high-technology, including, but not limited to,
advanced' manufacturing, advanced computing, =search and development,
life sciences and biotechnology, and
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BE IT FURTBER RESOLVED that the Council of the City of Southfield does hereby
create a Joint Local Development Finance Authority with the City of Troy
pursuant to Public Act 281 of 1986, pending the approval by its Council of
a Forraal Resolution, and
BE IT FURTHER RESOLVED that the Joint Local Development Finance Authority '
shall exercise its powers within the boundaries of the Southfield Certified
Technology Park, further described as:
T1N, R10E, SEC 17 PART OF SW 1/4 OF SW 1/4 BEG AT PT 01ST N
89-55-00 E 1085.75 FT FROM SW SEC COR, TH N 00-17-12 W 717,2
FT, THN 89-42-48 E 35 FT, TH N 00-17-12 W 40 FT, TH S 89-42-48W
70 FT, TH N 00-17-12W 40 FT, TEN 89-42-48 E 305 FT, TH S 00-17-
12 E 798.12 FT, TH S 89-55-00 W 270 FT TO BEG 4.940 A commonly
identified as Parcel La # 2417-352-002; and
TIN, R.10E, SEC. 18 REPLAT #4 OAKLAND COUNTY
CONDOMINIUM PLAN NO 1121 AMERICAN COMMERCE CENTRE
UNIT 3 L 22509 P 805 SPLIT ON 01/04/2000 FROM 76-24-17-351-017,
76-24-18-400-030, 76-24-18-400-031, commonly identified as Parcel 1.D.
# 2418-451-003; and
TIN, RI OE, SEC 17 REPLAT #4 OAKLAND COUNTY
CONDOMINIUM PLAN NO 1121 AMERICAN COMMERCE CENTRE
'UNIT 7 L 22509 P 805 3-22-01 FR. 004, commonly identified as Parcel
ID. # 2418-476-008; 'and
T1N, RIDE, SEC 17 REPLAT #4 OAKLAND COUNTY
CONDOMINIUM PLAN NO 1121 AMERICA/sr COMMERCE CENTRE
UNIT 10 L 22509 P 805 CM/1131KM ON 03-22-01 FROM 005 & 006,
commonly identified as Parcel I.D. # 2418-476-009; and
T1N, RIDE, SEC 17 REPLAT #4 OAKLAND COUNTY
CONDOMINIUM PLAN NO 1121 AMERICAN COMMERCE CENTRE
UNIT 12 L 22509 P 805 SPLIT ON 3-2-01 FR 006, commonly identified
as Parcel LD. #2418-476-Oil;
and Troy Certified Technology Park, further described as:
PART OF THE NORTH Vz SECTION 26, T. 2N., R. 11E., CITY OF
TROY, OAKLAND COUNTY, MICHIGAN, BEING DESCRIBED AS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 26,
THENCE S 89° 42' 00" W. 720.60 .t,r...r.T ALONG THE NORTH LINE
OF SECTION 26; THENCE S. 00° 29' 22" E. 102.00 FEET TO THE
POINT OF BEGINNING, SAID POINT BEING ON THE SOUTH LINE
OF BIG BEAVER ROAD (204.00 FEET WIDE); THENCE
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Dos
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CONTINTJING S. 00° 29' 22" E. 837.99 FEET (RECORDED AS S. 00°
11'31" W.); THENCE S. 89° 42' 00" W. 600.00 FEET; THENCE S. 00°
29' 22" E. 1,231.93 FEET (RECORDED AS 5, 00° 11' 31" W.);
TFIENCE N. 89° 21' 3.0" W. 275.00 FEET (RECORDED AS DUE
WEST) TO THE CENTERLINE OF THE STURGLS DRAIN
EASEMENT; THENCE N. 55° 11' 44" W. 785.73 FEET (RECORDED
AS N. 53° 50' 14" W.) ALONG THE CENTERL/NE OF STURGLS
DRAIN EASEMENT; THENCE N. 64° 27' 00" W. 141.02 FEET
(RECORDED AS N. 65° 05' 30" W.) ALONG THE CENTERLINE OF
THE STURGIS DRAIN EASEMENT; THENCE N. 66° 04' 33" W.
497.19 FEET; THENCE N. 47° 34' 57" W. 200.22 FEET; THENCE N.
74° 32' 17" W. 210.77 FEET; THENCE N. 71° 34' 14" W, 397.45 .ti.E.E.C;
THENCE N. 00° 35' 17" W. 1025.71 FEET; THE:NICE S. 89° 34' 43" E.
50.76 k`Pla; THENCE S. 00° 35' 17" E. 698 FEET; THENCE N. 89° 34'
43" E. 325 FEET; THENCE S. 01° 06' 40" E. 18.72 FEET; THENCE N
89° 31' 16" E. 510.00 FEET; THENCE N. 00" 36' 00" W. 716.12
(RECORDED AS N. 00° 56' 45" E.) TO THE SOUTH LINE OF BIG
BEAVER ROAD; THENCE N. 89° 35' 11" B. 14.37 FEET (RECORDED
AS S. 880 53' 15" E.) ALONG THE SOUTH LINE OF BIG BEAVER
ROAD TO THE NORTH AND SOUTH 'A LINE OF SECTION 26;
THENCE S. 00° 36' 00' E. 410 .LAT:Lcr (RECORDED AS S. 00° 04' 55"
E.) ALONG THE NORTH AND SOUTH 14 IJNE OF SECTION 26;
THENCE N. 890 42' 00" E. 358.00 FEET; THENCE N. 000 36' 00" W.
410,00 FEET (RECORDED AS N. OW 04' 55" W.) TO THE SOUTH
LINE OF BIG BEAVER ROAD; THENCE N. 89° 42' 00" E. -1564.00
FEET ALONG THE SOUTFIERLY LINE OF BIG BEAVER ROAD (204
FEET WIDE) TO THE POINT OF BEGINNING. CONTAINING 73.61
ACRES MORE OR LESS
BE IT FINALLY RESOLVED that the City Clerk shall file this resolution with the
Michigan Secretary of State promptly atter its adoption, and shall publish
it at least once in a newspaper of general circulation within the City of
Southfield.
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-SMART ZONE
TROY.CANIFIJS
ZOT4E.A.
BLACK DASHED AREA '
:CERTIFIED INPUSTRIAL PARK.
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WHITE LINE AREA
SMART ZONE TROY CAMPUS
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. CITY OFTROY, •
. 0 AKLAIs1D. COUNTY NIICHIGAN -
The intortnatIon proviaed by this prorate has been compiled from ramrod deeds. plats. tax maps,
surreys, and other publk records and dais. II is rkt a -legally proorded map at survey.
Users of thin data ere hereby notified that the source intorrnation represented
ehould be =suited for veriGiostion. 0 385. 770 1,
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009
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CITY OF SOUTICFIELD
COUNTY OF OAKLAND, STATE OF MICHIGAN
AGREEMENT BETWEEN TRE CITIES OF SOUTHFIELD AND TROY
WHEREAS, Public Act 281 of 1986 provides for the establishment of local
development finance authorities as well as joint authorities and to
prescribe its powers and duties; to provide for the creation and
implementation of development plans; to authorize the acquisition and
disposal of interests -in real and personal property; to permit the issuance
of bonds and other evidences of indebtedness by an authority; to prescribe
powers and duties of certain state officers and agencies; and to authorize
and permit the use of tax increment financing, and
WHEREAS, Section 3 (2) of Act 281 [MCL 12521533 provides that a municipality
may join with one or more other municipalities located within the same
county to establish a joint authority under the Act, and
WHEREAS, the City Council of the City of Southfield created a Joint Local
Development Finance Authority with the City of Troy, County of
Oakland, State of Michigan, by Resolution, on April 14, 2003, and
WHEREAS, Section 4 (7) of Act 281 [MCL 12521543 provides that municipalities
creating a joint authority shall enter into an agreement that includes
provisions governing the number of members on the board, the method of
appoinimont, the members to be represented by governmental units or
agencies, the terms of initial and subsequent appointments to the board,
the manner in which a member of the board may be removed for cause
before expiration of his or her term, the manner in Which the authority
may be dissolved, and the disposition of assets upon dissolution, and
WHEREAS, Section 12 (10) of Act 281 (MCL 125.2162a) provides that the
municipalities that have made a pledge to support the authority's tax
increment bonds may approve by resolution an agreement among
themselves establishing obligations each may have to the other party or
parties to the agreement for reimbursement of all or any portion of a
payment made by a municipality related to its pledge to support the
authority's tax increment bonds, and
WHEREAS, the City of Southfield and Michigan Economic Development Corporation
have entered into an agreement that establishes the boundaries of a
certified technology park within the City.
NOW THEREFORE, BE IT RESOLVED that the Council of the City of Southfield does
hereby enter into agreement with the City of Troy creating a Saint Local
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Ubolo
Wh ol e
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Development Finance A.uthority, and authorizes the Mayor and City Clerk
to sign the Agreement on behalf of the City after reviow and approval as to
form by the City Attorney's Office.
•
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AGREEMENT
BETWEEN CITY OF SOUTHFIELD
AND
CITY OF TROY
COUNTY OF OAKLAND, MICHIGAN
CREATING A
JOINT LOCAL DEVELOPMENT FINANCE AUTHORITY
PURSUANT TO PA 281 OF 1986 (AS AMENDED)
The Parties, the City of Southfield ("Southfield') and City of Troy ("Troy) both located
in Oakland County, Michigan, enter into this agreement, pursuant to Public Act 281 of
1986 (MCL 1252151 et. seq.), as amended. This agreement shall be effective as of the
date the, last party executes the agreement.
Recitals:
The legislative bodies of the Parties have determined that it is in the best interest of the
residents of their respective communities, to promote economic growth, and to make an
effort to prevent or eliminate conditions of unemployment, underemployment and
joblessness in the conamunities. In furtherance of this interest, the Parties have acted to
establish a multi-jurisdictional local development finance authority (lhe Authority') and
to designate an Authority district (the "District"). The local development finance
authority has been named "Local Development Finance Authority of the City of
Southfield and City of Troy." (The 'Authority') The establishment of the Authority is
contemplated to allow expansion of the Certified Technology Park designation, as set
forth in the Automation Alley SmartZone Agreement, dated December 16, 2002,
(between the Michigan Economic Development Corporation (MEDC), the City of
Southfield. and the Southfield Local Development Finance Authority), to include the new
district property located in the City of Troy. The establishment of the Authority also
facilitates the Technology Accelerator Program with Oakland County/Automation Alley.
COUNTY EXECUTIVE
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Agreement:
The Parties agree to the following:
1. The Authority shall only exercise its powers in the certified technology park
designated as the "Automation Alley Certified Technology Park" pursuant to the
Automation Alley SmartZonem Agreement dated December 16 th, 2002, by and
between the Michigan Economic Development Corporation, the City of Southfield,
and the Southfield Local Development Finance Authority (the "Agreement"), which
will necessarily be amended to include the Distrcit area within the City of Tray. This
agreement, as amended, is incorporated herein by reference.
2. The Authority shall have all powers and duties as set forth in Act 281 of the Public
Acts of 1986 (MCL 1252151 et. seq.), as amended (PA 281) and in the Agreement
2. Governing Board: Terms sod Appointment: The governing body of the Authority
(`Board') Shall consist of eleven (11) voting nuanbers and two (2) non-voting
members, appointed in the following manner;
a. The Mayor of the City of Southfield shall appoint five (5) members of the
Authority Board, subject to the approval of the Southfield City Council. The
initial terms of the members shall be staggered, so that two of the members shall
be appointed to terms ending June 30, 2004; two (2) members shall be appointed
to terms ending on June 30, 2005, and one (1) member shall be appointed to a tenn
ending on June 30, 2006. The appointees shall not be elected officials of the City
Council.
b. The Mayor of the City of Troy shall appoint five (5) members of the Authority
Board, subject to the approval of the Troy City Council. The initial teems of the
members shall be staggered, so that two (2) of the members shall be appointed to
terms ending June 30, 2004; two (2) members shall be appointed to terms ending
on June 30, 2005, and one (1) member shall be appointed to a term ending on June
30, 2006. The appointees shall not be elected officials of the City Council.
c. The Oakland County Executive shall appoint one (1) member of the Authority
Board, subject to the approval of the Oakland County Board of Commissioners.
The initial term of the member shall end June 30, 2006. The appointee shall not
be an elected official of any Oakland County jurisdiction.
d, The Authority Board shall appoint a representative from the Michigan Economic
Development Corporation (MEDC), who shall be selected by the MEDC, as an, ex-
officio non-voting Authority Board member. The Authority Board shall also
appoint a representative from the Technology Accelerator Program as an ex-
officio non-voting Authority Board Member. In addition, the Board may appoint
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other ex-officio non-voting members for the Board, except that the Board
members shall not be elected officials. ,
e. Except BS provided in this Section 1 for 'the initial appointments to the Authority
Board, members of the Board appointed under Section I (a), (b) and (c) shall serve
terms of four (4) years. Upon expiration of a member's terra, the member
appointed under Section I (a), (b) and (c) shall continue serving as a member of
the Authority Board until the appointment of their successor. An appointment to
fill a vacancy on the Authority Board shall be made in the same manner as the
original appointment. An appointment to fill an unexpired term shall be for the
unexpired portion of the tem only.
4. Board Member Terms and Removal:
a. Subject to notice and an opportunity to be heard, a governing body may remove its
appointed member of the Authority Board for cause, as defined in the by-laws of
the Authority Board. This removal can be done prior to the expiration of his or her
terra. Any removal is subject to review by the Oakland County Circuit Court
The Oakland County Circuit Court has jurisdiction to review any removal of an
appointed Authority Board member.
b. At least sixty (60) days prior to the expiration of an Authority Board member's
term, the Authority Board shall notitmhe appointing authority of the expiration of
the term of each voting member of the Board appointed by the Party.
5. lvfirtutes arrd,Bv Laws:
a. The approved minutes of the meetings of the Board shall be furnished by the
Board on a timely basis to the governing bodies of each of the Parties and every
quarter the Board shall submit a written quarterly report of the status of the
Authority's activities and finances to the governing body of each Party.
b. This Agreement in no manner constitutes the official by-laws of the Board. The
initial by-laws shall be proposed by the Board, and approved by both governing
bodies of the Parties. Any subsequent amendments to the by-laws shall fast be
submitted to the Board for approval. If amendment(s) are approved by the Board,
the amendment(s) shall then be provided to the governing bodies of the Parties,
and shall become effective unless objected to by at least one of the governing
bodies of the Parties within thirty (30) days of the receipt of the proposed
amendment
C. A quorum of the Board or the sub-committees of the Board is required for formal
action. A quorum is defmed as the majority of voting members of the Authority
Board or the sub-committee. Authority Board members can participate by
electronic presence (speaker phone, video conferencing or web casting), and this
participation will be included in the determination of whether the quorum
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04/23/2003 15:30 FAX 2484529215
A
04/23/2003 12:03 FAX 248+04+7937
COUNTY EXECUTIVE
' SFLD CITY CLERIC
42101 4
lib 0 14
requirement is satisfied. The participation of non-voting, ex-officio or ad-hoc
members of the Authority Board does not count toward the establishment of
quorum.
d. The Authority Board will elect officers at its fest meeting. Officers will have such
duties as set faith in PA 281 and this Agreement and the Authority Board's by-
laws and Rules of Procedure. Officers will serve for one year, with terms ending
on June 30. The first term of elected officers will expire on June 30, 2004. The
Board will elect the following officers: Chairman, Treasurer, and Secretary. Each
of these three officers have signatory authority on behalf of the Board. At least
one of the three designated officers shall be a Board appointee of the City of
Southfield, and at least one of the three designated officers shall be a Board
appointee of the City of Troy.
6. Budget:The Authority shall annually prepare and submit the Authority's operating
budget for the ensuing fiscal year. The budget shall be prepared in the trimmer and
contain the information generally required of the annual budgets for the municipal
Pasties, The budget shall be in conformance with the SmartZonew and Accelerator
Plan requirements, and shall be consistent with the annual plan of the Technology
Accelerator for the fiscal year. Each of the governing bodies of the Parties shall
approve only that portion of the Authority budget that utilizes tax increment financing
funds collected within their own jurisdiction. Once the Parties have approved their
respective portion(s) of the Authority's annual budget, it shall be submitted to the
Board for final approval.
7. All tax increment financing funds shall be expended only inside the community in
which they are collected, with the sole exception being the payment of joint expenses
of the Authority. Joint expenses of the Authority includes, but are not limited to those
expenses related to audit services, administrative costs and supplies. In order to
facilitate this separation, two separate sub-committees shall be fanned. The appointed
Board members of the City of Southfield, in addition to the appointed Board member
of Oakland County, shall constitute a separate sub -committee responsible for all tax •
increment financing funds generated within the City of Southfield. The appointed
Board members of the City of Troy, in addition to the appointed Board member of
Oakland County, shall constitute a separate sub-committee responsible for all tax
increment financing funds generated within the City of Troy.
8. Financial Records of the Authority: The Board shall submit monthly financial reports
to the Parties
9. Audit: The Authority shall be audited annually by independent auditors approved by
the Board. All expense items of the Authority shall be publicized annually and
records of the Authority shall be open to the public pursuant to the provisions of the
Freedom of Information Act, Act Na. 442 of the Public Acts of 1976 (MCL 15.231
et. seq.),as amended.
04/23/03 WED 11:01 [TX/RI NO 5000]
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COUNTY EXECUTIVE
_
SFLD .CITY PLERk
. g015
aO15
•
10. Dissolution of the Authority: Either party may resolve to dissolve the Authority after
written notice is given to the other Party at least thirty (30) days prior to such action
being taken. This written notice shall be given to the City Administrator/Manager
and City Clerk for the other party. In addition, Authority shall be automatically
dissolved on July 1, 2004 =less the IvIEDC includes the district area within the City
of Troy as an official part of the "Automation Alley Certified Technology Park"
pursuant to the Automation Alley SmattZonend Agreement dated December 16 6',
2002, by and between the Michigan Economic Development Corporation, the City of
Southfield, and the Southfield Local Development Finance Authority (the
"Agreement"), and an amended agreement is executed by all necessary parties. In
addition, the Authority shall also be automatically dissolved on Iuly 1,2004 unless
the Authority has successfully implemented the Tax Increment Financing Plan. Prior
to dissolution, all expenses and liabilities of the Authority must be paid. In addition,
there shall be sufficient tax increment revenue remaining to satisfy any remaining
bond obligations. Thereafter, the Authority shall distribute and convey all remaining
real property rights and interests owned by the Authority to the Party where the
subject real property is located. All other tangible and intangible assets of the
Authority, other than unexpended tax increment revenues, shall be distributed and
conveyed by the Authority between the Parties on a pro-rata basis, considering each
community's contributions to the previous year's budget, over the period of the
Authority captured tax increment revenues, on the aggregate captured values of
property located in each city that WAS subject to the Authority's tax increment
financing plan for purposes of determining tax increment revenues. All =expended
and unencumbered tax increment revenues of the Authority upon dissolution shall be
remitted to each taxing jurisdiction in proportion to their millage subject to capture.
11. Governing Law: This agreement shall be governed by and consumed in accordance
with the laws of the State of Michigan.
12. Severabigtv: If any court of competent jurisdiction shall rule any clause of this
Agreement invalid or unenforceable, the invalidity or enforceability of such clause,
provision or section shall not affect any of the remaining clauses, provisions or
sections.
04/23/03 WED 11:01 [TX/RX NO 59091
. 04/23/2003 15:31 FAX 2484529215 COUNTY EXECUTIVE
-1 Z016
Brenda L. Lawrence, Mayor
Nancy L.M. Banks, City Clerk
Date-
Date-
BY:
BY:
Date:
Date:
Zola 04/23/2003 12:04 FAX 248-a54#7937 SFLD CITY CLERK
IN WITNESS WHEREOF, the Parties have caused this Joint LDFA Agreement to
be duly executed as of the date first written above.
CITY OF SOTATIFIELD
26000 Evergreen Road
Southfield, ML 4&037-2055
CITY OF TROY
500 lAr. Big Beaver .
Troy, MI 48084
BY.
Matt Pryor, Mayor
BY-
Tonni Bartholomew. City Clerk
04/23/03 WED 11:01 ITI/RX NO 590131
017
W017
04/23/2003 15:31 FAX 2484529215
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COUNTY EXECUTIVE
SFiD.CITY CLERK
CTIT OF SOUTH:FIELD
COUNTY OF OAKLAND, STATE OF MICHIGAN
RESOLUTION TO SCHEDULE PUBLIC HEARING
TO APPROVE DEVELOPMENT AND FTNANCING PLANS FOR
THE JOINT LOCAL DEVELOPMENT FINANCE AUTHORITY
11VHEREAS, Public Act 281 of 1986 is an act to prevent urban deterioration and
encourage economic development including, but not limited to, high-
technology industries and activity and to emmulage neighborhood
revitalization and historic preservation and to provide a mechanism for
developing and implementing plans within a development area, and
WHEREAS, the Council of the City of Southfield established a Joint Local
Development Finance Authority with the City of Troy on April 14, 2003,
in accordance with Public Act 281 of 1986, as amended, and
WHEREAS, the board of a Local Development Finance Authority may adopt a
development plan and financing plan, pursuant to Public Act 281 of 1986,
BS amended, Section 15 [MCL 1252165],
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Southfield
intends to hold a public hearing regarding the adoption of a development
plan and &lanolin plan for the Smithfield Certified Technology Park, an
eligible district in which the Joint Local Development Finance Authority
exercises its powers, further described as:
T1N, R1OE, SEC 17 PART OF SW 114 OF SW 114 BEG AT PT DIST N
89-55-00 E 1085.75 FT FROM SW SEC COR, TEl N 00-17-12 W 717.2
FT, TEN 89-42-48 E 35 PT, TH N 00-17-12 W 4D FT, S 89-42-48W
70 FT, TH N 00-17-12 W 40 FT, TH N 89-42-48 E 305 FT, TH S 00-17-
12 E 798.12 FT, TEl S 89-55-00 W 270 FT TO BEG 4,940 A commonly
identified as Parcel LD. # 2417-352-002; and
TIN, RICE, SEC 18 REPLAT #4 OAKLAND COUNTY
CONDOMINIUM PLAN NO 1121 AMERICAN COMMERCE CENTRE
UNIT 3 L 22509 P 805 SPLIT ON 01/0412000 FROM 76-24-17-351-017,
76-24-18-400-030, 76-24-18400-031, commonly identified as Parcel LD.
# 2418-451-003; and.
TIN, R10E, SEC 17 EPLAT #4 OAKLAND COUNTY
CONDOMINIUM PLAN NO 1121 AMERICAN COMMERCE CENTRE
UNIT 7 L 22509 P 805 3-22-01 FR 004, commonly identified as Parcel
LI), # 2418-476-008; and
04/23/03 WED 11:01 [TX/RI NO 5905)
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COUNTY EXECUTIVE
$FLD CITY CURIE
Zan
ota
S
T1N, RI OE, SEC 17 REPL.AT #4 OAKLAND COUNTY
CONDOMINIUM PLAN NO 1121 AMERICAN COMMERCE CENTRE
UNIT 10 L 22509 P 805 COMBINED ON 03-22-01 FROM 005 & 006,
commonly identified as Parcel #2418-476-009; and
T1N, R10E, SEC 17 RBPLAT #4 OAKLAND .COUNTY
CONDOMMUM PLAN NO 1121 AMERICAN COMMERCE CENTRE
UNIT 12 L 22509 P 805 SPLIT ON 3-2-01 FR 006, commonly identified
as Parcel ID_ # 2418476-011;
In the City Council Chambers at 26000 Evergreen Road in the City of
Southfield at 730 p.m. on May 12, 2003, and
BE IT FURTHER RESOLVED that notice of the public hearing shall be published twice
in a newspaper of general circulation in the City of Southfield, the first of
which will not be less than twenty (20) days before the date of the hearing,
and
BE IT FURTHER RESOLVED that a copy of the development plan and financing plat],
including maps and plats, shall be available for public review with the
City Clerk, and
BE IT FINALLY RESOLVED that the development plan does not require the relocation
of families or individuals.
04/23/03 WED 11:01 [TX/RI NO 59091
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t • yr
qaclin
city .
Troy
SOO West Big Beaver
Troy, Michigan 48084
Fax: (243) 524-01151
www.ci.troy.rni.us
Area code (248)
Assessing
524-3311
Bldg. Inspections
524-3344
Bldg. Operations
524-3368
City Clerk
524-3316
City Manager
524-3330
Community Minim
524-1147
Engineering
524-3383
Finance
524-3411
Fire-Administration
524-3419
Human Resources
524-3339
Information Technology
619-7279
Law
524-3320
Library
524-3545
Parks & Recreation
524-3484
Planning
524-3364
Pollee-Administration
524-3443
Public Works
524-3370
Purchasing
524-3338
Real Estate & Development
524-3498
Treasurer
524-3334
General Information
524-3300
CITY OF TROY
OAKLAND COUNTY, MICHIGAN
RESOLUTION
Resolution of Intent to Establish a SmartZone, Certified
Technology Park and Associated Multi-Jurisdictional Local
Development Finance Authority (L.D.F.A.)
At a Regular meeting of the Troy City Council held on Monday,
March 3, 2003, the following Resolution was passed!
Resolution #2003-03-117
Moved by Pallotta
Seconded by Beltramini
WHEREAS, Public Act 281 of 1986 is an act to prevent urban
deterioration and encourage economic development including, but
not limited to, high-technology industries and activity and to
encourage neighborhood revitalization and historic preservation and
to provide a mechanism for developing and implementing plans
within a development; and
WHEREAS, Section 3(2) of Act 281 [MCL 125.21533 provides that a
municipality may join with one or more other municipalities located
within the same county to establish a joint authority under Act; and
WHEREAS, Section 4(7) of Act 281 [MCL 125.2154] provides that
the city councils of two or more municipalities may declare by
resolution their intention to create and provide for the operation of a
joint authority, and establish the time and place of a public hearing or
hearings at which a resident, taxpayer or property owner of one of
the municipality's has a right to be heard in regard to the
establishment of the joint authority and the boundaries of the
proposed authority district, and
WHEREAS, The City of Troy And Michigan Economic Development
Corporation will enter into an agreement that establishes the
boundaries of a certified technology park within the City,
04/23/2003 15:32 FAX 2484529215
,
COUNTY EXECUTIVE [6020
NOW, THEREFORE, BE IT RESOLVED, That the City Council of
the City of Troy determines that it is in the best interests of the public
to increase property tax valuation, and to promote growth in the area
of the City of Troy defined as a certified technology park, particularly
growth related to industries engaged in a high-technology, including,
but not limited to, advanced manufacturing, advanced computing,
research and development, life sciences and biotechnology, and
BE IT FURTHER RESOLVED, That the City Council of the City of
Troy does hereby declare Its intention to create and provide for the
operation of a Joint Local Development Finance Authority with the
City of Southfield pursuant to Public Act 281 of 1986, pending the
approval by its City Council of a Resolution of Intent, and
BE IT FURTHER RESOLVED, That the City of Troy's boundaries of
the Joint Local Development Finance Authority District are
coterminous with the boundaries of the Troy Certified Technology
Park, further described as:
PART OF THE NORTH 1/2 SECTION 26, T. 2N., R. 1 1E., CITY OF
TROY, OAKLAND COUNTY, MICHIGAN, BEING DESCRIBED AS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 26,
THENCE S 89° 42' 00" W. 720.60 FEET ALONG THE NORTH LINE
OF SECTION 26; THENCE S. 00°29' 22" E. 102.00 FEET TO THE
POINT OF BEGINNING, SAID POINT BEING ON THE SOUTH
LINE OF BIG BEAVER ROAD (204.00 FEET WIDE); THENCE
CONTINUING S. 00° 29' 22" E. 837.99 FEET (RECORDED AS S.
002 11'31" W.); THENCE S. 89 42' 00" W. 600.00 FEET; THENCE
S. 002 29' 22" E. 1,231.93 FEET (RECORDED ASS. 00° 11' 31"
W.); THENCE N. 89 21' 30" W. 275.00 FEET (RECORDED AS
DUE WEST) TO THE CENTERLINE OF THE STURGIS DRAIN
EASEMENT; THENCE N. 55° 11' 44" W. 785.73 FEET
(RECORDED AS N. 539 50' 14" W.) ALONG THE CENTERLINE OF
STURGIS DRAIN EASEMENT; THENCE N. 64° 27' 00" W. 141.02
FEET (RECORDED AS N. 65° 05' 30" W.) ALONG THE
CENTERLINE OF THE STURGIS DRAIN EASEMENT; THENCE N.
66° 04' 33" W. 497.19 FEET; THENCE N. 479 34' 576 W. 200.22
FEET; THENCE N. 749 32' 17" W. ran FEET; THENCE N. 71°
34' 14" W. 397.45 FEET; THENCE N. 00° 35' 17" W. 1025.71 FEET;
THENCE N. 89° 34' 43" E. 50.76 FEET; THENCE S. 00° 35' 17" E.
04/23/2003 15:32 FAX 2484529215
I
COUNTY EXECUTIVE
Q021 6
698 FEET; THENCE N. 892 34 43" E. 325 FEET; THENCE S. 012
06' 40" E. 18.72 FEET; THENCE N 89 2 31' 16" E. 510.00 FEET;
THENCE N. 002 36' 00" W. 716.12 (RECORDED AS N. 002 56' 45"
E.) TO THE SOUTH LINE OF BIG BEAVER ROAD; THENCE N. 89 2
35' 11" E. 14.37 FEET (RECORDED AS S. 882 53' 15" E.) ALONG
THE SOUTH LINE OF BIG BEAVER ROAD TO THE NORTH AND
SOUTH % LINE OF SECTION 26; THENCE S. 002 36' 00' E. 410
FEET (RECORDED AS S. 002 04' 55" E.) ALONG THE NORTH
AND SOUTH % LINE OF SECTION 26; THENCE N. 892 42' 00" E.
358:00 FEET; THENCE N. 002 36' 00" W. 410.00 FEET
(RECORDED AS N. 002 04' 55" W.) TO THE SOUTH LINE OF BIG
BEAVER ROAD; THENCE N. 89 2 42' 00" E. 1564.00 FEET ALONG
THE SOUTHERLY LINE OF BIG BEAVER ROAD (204 FEET WIDE)
TO THE POINT OF BEGINNING. CONTAINING 73.61 ACRES
MORE OR LESS.
Yes: Lambert, Pallotta, Pryor, Beltmmini, Broomfield
No: Howrylak, Eisenbacher
*mum CARRIED
I, Tonni L Bartholomew, duly appointed Clark of the City of Troy, do
hereby certify that the foregoing constitutes a true and complete
copy of a resolution adopted by the Troy City Council at a Regular
Meeting duly called and held on Monday, the Third day of March,
2003.
Tonni L. Bartholomew, MMC
City Clerk
CITY CLERK'S OFFICE , PAGE 02 05/07/2003 13:06 2485241770
CITY OF TROY
OAKLAND COUNTY, MICHIGAN
RESOLUTION
Establishment for the Automation Alley SmartZone
1) Resolution to Approve Participation In the Automation Alley
SmartZone Through the Creation of a Certified Technology Park
(CTP)
At a Regular meeting of the Troy City Council held on Monday, May
5, 2003, the following Resolution was passed:
Resolution #2003-05-231-1
Moved by Pryor
Seconded by Beitramini
WHEREAS, The Michigan Legislative passed and the Governor
signed Public Act 248 of 2000 to promote, the development of high
technology businesses throughout the State of Michigan; and
WHEREAS, The MEDC has been authorized by Public Act 281 of
1986, as amended, being MCL 125.2151 et seq., to designate a
certain number of certified technology parks ("Certified Technology
Parks") within the State of Michigan, by December 31, 2002; and
WHEREAS, The MEDC for strategic marketing purposes, has
chosen to designate the aforementioned Certified Technology Parks
as "SmartZones"; and
WHEREAS, On July 26, 2000, the MEDC issued a proposal for
SmartZone designation; and
WHEREAS, On October 16, 2000, the MEDC received a proposal
(the "Proposal") requesting designation as a Certified Technology
Park if certain areas located within the City's jurisdiction, and within
another district within the Authority's boundaries, to be known as the
"Automation Alley Certified Technology Park"; and
WHEREAS, The Automation Alley SmartZone Agreement
(hereinafter called "Agreement") was entered on the 16 th day of
December, 2002, by and among the Michigan Economic
Development Corporation, a public body corporate, with office at 201
N. Washington Square, Lansing, Michigan 48913 (hereinafter called
"MEDC"), the City of Southfield, a municipal corporation with offices
CITY CLERK'S OFFICE , PAGE 03 05/07/2003 13:06 2485241770
at 26000 Evergreen Road, Southfield, Michigan 48076, (hereinafter
collectively called the "City"), and the City's Local Development
Finance Authority with offices at 26000 Evergreen Road, Southfield,
Michigan 48076 (hereinafter called the "Authority");
WHEREAS, The MEDC, the City, and the Authority have through the
Agreement established a joint local development finance authority
(which would include, the Automation Alley Certified Technology
Park), as a shared effort between the City and one or more
municipalities (as hereinafter defined) within the County of Oakland;
and
WHEREAS, The MEDC, the City and the Authority have invited the
City of Troy to identify a certified technology park to be included in
this agreement.
NOW, THEREFORE, BE IT RESOLVED, The City of Troy ENTER
into an Agreement to designate the Authority District (as herein after
defined) both as a Certified Technology Park and as a SmartZone
and to ESTABLISH terms and conditions of this designation and to
ENTER an Agreement with the MEDC, the City and the Authority.
Yes: Eisenbacher, Lambert, Stine, Pryor, Beltramini, Broomfield
No: Hovvrylak
I, Barbara A. Holmes, duly appointed Deputy Clerk of the City of
Troy, do hereby certify that the foregoing constitutes a true and
complete copy of a resolution adopted by the Troy City Council at a
Regular Meeting duly called and held on Monday, the Fifth day of
May, 2003.
Barbara A. Holmes
Deputy City Clerk
CITY CLERK'S OFFICE , PAGE 04 05/07/2003 13:06 2485241770
CITY OF TROY
OAKLAND COUNTY, MICHIGAN
RESOLUTION
Establishment for the Automation Alley SmartZone
2) Resolution to Establish a SmartZone, Certified Technology
Park and Associated Multi-Jurisdictional Local Development
Finance Authority (L.D.F.A.)
At a Regular meeting of the Troy City Council held on Monday, May
5, 2003, the following Resolution was passed:
Resolution #2003-05-231-2
Moved by Pryor
Seconded by Beltramini
WHEREAS, Public Act 281 of 1986 is an act to prevent urban
deterioration and encourage economic development including, but
not limited to, high-technology industries and activity and to
encourage neighborhood revitalization and historic preservation and
to provide a mechanism for developing and implementing plans
within a development; and
WHEREAS, Section 3 (2) of Act 281 [MCL 125.2153] provides that a
municipality may join with one or more other municipalities located
within the same county to establish a joint authority under the Act;
and
WHEREAS, Section 4 (7) of Act 281 [MCL 125.2154] provides that
the city councils of two or more municipalities may declare by
resolution their intention to create and provide for the operation of a
joint authority, and establish the time and place of a public hearing or
hearings at which a resident, taxpayer or property owner of one of
the municipality's has a right to be heard in regard to the
establishment of the joint authority and the boundaries of the
proposed authority district, and
WHEREAS, Troy City Council did adopt a resolution of intent at a
public hearing on March 3, 2003; and
WHEREAS, The City of Troy and Michigan Economic Development
Corporation will enter into an agreement that establishes the
boundaries of a certified technology park within the City,
e
CITY CLERK'S OFFICE PAGE 05 05/07/2003 13:06 2485241770
NOW, THEREFORE, BE IT RESOLVED, That the City Council of
the City of Troy determines that it is in the best interests of the public
to increase property tax valuation, and to promote growth in the area
of the City of Troy defined as a certified technology park, particularly
growth related to industries engaged in a high-technology, including,
but not limited to, advanced manufacturing, advanced computing,
research and development, life sciences and biotechnology, and
BE IT FURTHER RESOLVED, That the City Council of the City of
Troy does hereby declare its intention to CREATE AND PROVIDE
FOR THE OPERATION of a Joint Local Development Finance
Authority with the City of Southfield pursuant to Public Act 281 of
1986, PENDING THE APPROVAL by its City Council of a
Resolution of Intent, and
BE IT FURTHER RESOLVED, That the City of Troy's boundaries of
the Joint Local Development Finance Authority District are
coterminous with the boundaries of the Troy Certified Technology
Park, further described as:
PART OF THE NORTH 1/2 SECTION 26,1. 2N., R. 11E., CITY OF
TROY, OAKLAND COUNTY, MICHIGAN, BEING DESCRIBED AS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 26,
THENCE S 89° 42' 00" W. 720.60 FEET ALONG THE NORTH LINE
OF SECTION 26; THENCE S. 00° 29' 22" E. 102.00 FEET TO THE
POINT OF BEGINNING, SAID POINT BEING ON THE SOUTH
LINE OF BIG BEAVER ROAD (204.00 FEET WIDE); THENCE
CONTINUING S. 002 29' 22" E. 837.99 FEET (RECORDED AS S.
00° 11'31" W.); THENCE S. 89° 42' 00" W. 600.00 FEET; THENCE
S. 002 29' 22" E. 1,231.93 FEET (RECORDED AS S. 00° 11' 31"
W.); THENCE N. 899 21' 30" W. 275.00 FEET (RECORDED AS
DUE WEST) TO THE CENTERLINE OF THE STURGIS DRAIN
EASEMENT; THENCE N. 55° 11'44" W. 785.73 FEET
(RECORDED AS N. 53° 50' 14" W.) ALONG THE CENTERLINE OF
STURGIS DRAIN EASEMENT; THENCE N. 640 27' 00" W. 141.02
FEET (RECORDED AS N. 65° 05' 30" W.) ALONG THE
CENTERLINE OF THE STURGIS DRAIN EASEMENT; THENCE N.
660 04' 33" W. 497.19 FEET; THENCE N. 47° 34' 57" W. 200.22
FEET; THENCE N. 74° 32' 17" W. 210.77 FEET; THENCE N. 71°
34' 14" W. 397.45 FEET; THENCE N. 00 0 35' 17" W. 1025.71 FEET;
THENCE N. 892 34' 43" E. 50.76 FEET; THENCE S. 00° 35' 17" E.
698 FEET; THENCE N. 89° 34' 43" E. 325 FEET; THENCE S. 01°
06' 40" E. 18.72 FEET; THENCE N 89 2 31' 16" E. 510.00 FEET;
THENCE N. 00° 36' 00" W. 716,12 (RECORDED AS N. 00° 56' 45"
E.) TO THE SOUTH LINE OF BIG BEAVER ROAD; THENCE N. 89°
35' 11" E. 14.37 FEET (RECORDED AS S. 88° 53' 15" E.) ALONG
CITY CLERK'S OFFICE . PAGE 06 O5/@7/23 13:06 2485241770
THE SOUTH LINE OF BIG BEAVER ROAD TO THE NORTH AND
SOUTH 14 LINE OF SECTION 26; THENCE S. 002 36' 00' E. 410
FEET (RECORDED AS S. 002 04' 55" E.) ALONG THE NORTH
AND SOUTH 14 LINE OF SECTION 26; THENCE N. 89 2 42' 00" E.
358.00 FEET; THENCE N. 002 36' 00" W. 410.00 FEET
(RECORDED AS N. 002 04' 55" W.) TO THE SOUTH LINE OF BIG
BEAVER ROAD; THENCE N. 892 42' 00" E. 1564.00 FEET ALONG
THE SOUTHERLY LINE OF BIG BEAVER ROAD (204 FEET WIDE)
TO THE POINT OF BEGINNING. CONTAINING 73.61 ACRES
MORE OR LESS.
Yes: Eisenbacher, Lambert, Stine, Pryor, Beltramini, Broomfield
No: Howrylak
I, Barbara A. Holmes, duly appointed Deputy Clerk of the City of
Troy, do hereby certify that the foregoing constitutes a true and
complete copy of a resolution adopted by the Troy City Council at a
Regular Meeting duly called and held on Monday, the Fifth day of
May, 2003.
Barbara A. Holmes
Deputy City Clerk
•
CITY CLERK'S OFFICE , PAGE 07 05/07/2003 13:06 2485241770
CITY OF TROY
OAKLAND COUNTY, MICHIGAN
RESOLUTION
Establishment for the Automation Alley SmartZone
3) Approval of the Agreement Between the City of Southfield
and the City of Troy Creating a Joint Local Development
Finance Authority
At a Regular meeting of the Troy City Council held on Monday, May
5, 2003, the following Resolution was passed:
Resolution #2003-05-231-3
Moved by Pryor
Seconded by Beltramini
RESOLVED, That Troy City Council APPROVE the Agreement
between the City of Southfield and the City of Troy, County of
Oakland, Michigan creating a Joint Local Development Finance
Authority pursuant to PA 281 of 1986; and
BE IT RESOLVED, That Troy City Council's APPROVAL of the
Agreement between the City of Southfield and the City of Troy,
County of Oakland, Michigan creating a Joint Local Development
Finance Authority pursuant to PA 281 of 1986 is CONTINGENT
upon the following: 1) Establishment of a 15-year Sunset as Section
13 of the Agreement; 2) All Joint Local Development Finance
Authority meetings must be televised; 3) Section 6 must be modified
to clarify that the Authority does not have the authority to modify the
Budget absent approval from the appropriate municipal sub-
committee(s); 4) The clerical error, where there are two section 2s in
the agreement shall be corrected. ; 5) All Joint Local Development
Finance Authority meetings must be held in government buildings; 6)
Two City of Troy City Council Members shall be designated as
alternate members to the Joint Local Development Finance Authority
to eliminate the ability for the Troy Board members to participate
through electronic means; ; and
BE IT RESOLVED, That three of the five City of Troy members of
the Joint Local Development Finance Authority must be City of Troy
residents; and
BE IT FURTHER RESOLVED, That the Mayor and City Clerk are
hereby authorized to EXECUTE the Agreement, a copy of which
05/07/2003 13:06 2485241770 CITY CLERK'S OFFICE , PAGE 08
,
shall be ATTACHED to and made part of the original Minutes of this
meeting.
Yes: Eisenbacher, Lambert, Stine, Pryor, Beltramini, Broomfield
No: Howrylak
I, Barbara A. Holmes, duly appointed Deputy Clerk of the City of
Troy, do hereby certify that the foregoing constitutes a true and
complete copy of a resolution adopted by the Troy City Council at a
Regular Meeting duly called and held on Monday, the Fifth day of
May, 2003.
Barbara A. Holmes, CMC
Deputy City Clerk
05/07/2003 13:06 2485241770 CITY CLERK'S OFFICE ,
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CITY OF TROY
OAKLAND COUNTY, MICHIGAN
RESOLUTION
Establishment for the Automation Alley SmartZone
Establishment of Public Hearing Date for the Development
Finance Plan for the Joint LDFA (Local Development Finance
Authority)
At a Regular meeting of the Troy City Council held on Monday, April
14, 2003, the following Resolution was passed:
Resolution #2003-04-174
Moved by Stine
Seconded by Lambert
RESOLVED, That Troy City Council APPROVES the Public Hearing
date and notice for the Development Finance Plan for the Joint
LDFA (Local Development Finance Authority) between the City of
Southfield and the City of Troy; Public Hearing to be held during the
Regular Troy City Council meeting scheduled for Monday, May 12,
2003 at 7:30 p.m. in the City Council Chambers — 500 W. Big
Beaver, Troy, Michigan 48084.
Yes: Lambert, Stine, Pryor, Beltramini, Broomfield
No: Eisenbacher, Howrylak
I, Barbara A. Holmes, duly appointed Deputy Clerk of the City of
Troy, do hereby certify that the foregoing constitutes a true and
complete copy of a resolution adopted by the Troy City Council at a
Regular Meeting duly called and held on Monday, the Fourteenth
day of April, 2003.
Barbara A. Holmes
Deputy City Clerk
FISCAL NOTE (MISC. #03116) May 8, 2003
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: PLANNING & ECONOMIC DEVELOPMENT SERVICES - RESOLUTION APPROVING
THE CREATION OF A LOCAL DEVELOPMENT FINANCE AUTHORITY BETWEEN THE CITY
OF SOUTHFIELD AND THE CITY OF TROY PURSUANT TO ACT 281 OF 1986
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has
reviewed the above referenced resolution and finds:
1. The resolution approves the creation of a Local Development
Finance Authority between the City of Southfield and the
City of Troy, pursuant to Public Act 281 of 1986.
2. The Cities of Southfield and Troy plan to seek approval
from the Michigan Economic Development Corporation to
designate the area within the authority as a Smart Zone.
3. Once established, the authority may exercise its powers as
a certified technology park to capture the growth in
property taxes for use within the zone for a period of up
to 15 years.
4. The captured revenue may be used for a variety of
activities, including construction of infrastructure and
marketing and promotion of the Smart Zone.
5. Local property taxes captured by the authority will reduce
property tax revenue to Oakland County.
6. No General Fund/General Purpose amendment is required.
FINANCE COMMITTEE
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FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
E FOREGON7
County Executive Date
May 8, 2003 Resolution #03116
Moved by Palmer supported by Coleman the resolution be adopted.
Moved by Moss supported by Knollenberg the Finance Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by McMillin the resolution be amended to add an additional BE IT FURTHER RESOLVED
paragraph as follows:
BE IT FURTHER RESOLVED that approval of this resolution is contingent upon the
awarding of contracts and selection of companies to utilize SmartZone funds be subject to
the Freedom of Information Act and Open Meetings Act.
There being no support the motion to amend the resolution failed.
Moved by McMillin the resolution be amended to add an additional BE IT FURTHER RESOLVED
paragraph as follows:
BE IT FURTHER RESOLVED that Automation Alley shall provide the LDFA with the
following on a quarterly basis, which will be available to the public:
1. A list of all companies chosen to utilize the SmartZone's resources along
with their owners and members of their boards of directors.
2. A list of all companies who were rejected for use of SmartZone resources.
3. A list of contractors and their owners receiving over $5,000 annually.
4. A list of employees.
There being no support the motion to amend the resolution failed.
Moved by Palmer supported Knollenberg the resolution be amended to coincide with the recommendation
in the Finance Committee Report.
Discussion followed.
A sufficient majority having voted therefore, the motion carried.
Vote on resolution, as amended:
AYES: Jamian, Knollenberg, KowaII, Law, Long, Middleton, Moss, Palmer, Patterson, Potter,
Rogers, Scott, Suarez, Webster, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gregory,
Hatchett. (22)
NAYS: McMillin. (1)
A sufficient majority having voted therefore, the resolution, as amended, 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.
/a717114r/irk--(
G. William Caddell, County Clerk