HomeMy WebLinkAboutResolutions - 2005.04.14 - 27752REPORT (4ISC. 105051) April 14, 2005
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: MR #05051 - BOARD OF COMMISSIONERS — SUPPORT FOR HOUSE BILL
4012 — TAX INCREMENT FINANCING AUTHORITIES MAILING NOTICE
REQUIREMENTS TO COUNTIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed Miscellaneous Resolution
#05051 on April 4, 2005, reports with a recommendation that the resolution be amended,
as follows:
1. Amend the title of the resolution, as follows:
MR #05051 — Board of Commissioners — Support for House Bills 4012, 4013
and 4318 — Tax Increment Financing Authorities Mailing Notice Requirements
to Counties
2. Amend the 1 st WHEREAS paragraph, as follows:
WHEREAS House Bills 4012, 4013 and 4318 proposes•to amend Public Act
281 of 1986, entitled "The Local Development Financing Act," Sections 4 and
16 (MCL 125.2154 and 125.2166), Section 4 as amended by 2000 Public Act
248; and
3. Amend the 4th WHEREAS paragraph, as follows:
WHEREAS House Bills 4012, 4013 and 4318 adds language to the Local
Development Financing Act to require that hearing notices be mailed "by
certified mail to the treasurer, clerk, and chairperson of the board of
commissioners of the county in which the authority district or business district
was proposed to be located," and
4. Amend the 6 th WHEREAS paragraph, as follows:
WHEREAS House Bills 4012's, 4013's and 4318's special notice provisions
only apply to the notice to counties and not to the mailing of other taxing
jurisdictions. The requirement would go into effect on June 1, 2005; and
5. Amend the 7th WHEREAS paragraph, as follows::
WHEREAS House Bills 4012, 4013 and 4318 is are supported by the
Michigan Association of Counties and the Michigan Economic Development
Corporation (MEDC).
6. Amend the NOW THEREFORE BE IT RESOLVED paragraph, as follows:
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby supports the concept contained in House Bills 4012,
4013 and 4014 to amend Public Act 281 of 1986, entitled "The Local
Development Financing Act," Sections 4 and 16 (MCL 125.2154 and
125.2166), Section 4 as amended by 2000 Public Act 248; by inserting
language that requires the mailing of notices to the county treasurer, clerk
and chairperson of the board of commissioners by certified mail.
Chairperson, on behalf of the General Government Committee, I move
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
a)Ai' Pa,-Tel/t
General Government Committee Vote:
Motion carried unanimously on a roll call vote.
Miscellaneous Resolution # 05051
BY: Commissioner Sue Douglas, District #12
RE: Board of Commissioners - Support for House Bill 4012 - Tax Increment
Financing Authorities Mailing Notice Requirements to Counties
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS House Bill 4012 proposes to amend Public Act 281 of 1986, entitled "The
Local Development Financing Act," Sections 4 and 16 (MCL 125.2154 and 125.2166),
Section 4 as amended by 2000 Public Act 248; and
WHEREAS the Local Development Financing Act encourages local development to assist
in preventing conditions of unemployment and by promoting economic growth. The Act
provides for the establishment of local development finance authorities and prescribes
their powers and duties; provides for the creation of a board to govern an authority and to
prescribes its powers and duties; provides for the creation and implementation of
development plans; authorizes the acquisition and disposal of interests in real and
personal property; permits the issuance of bonds and other evidences of indebtedness by
an authority; and authorizes and permits the use of tax increment financing; and
WHEREAS currently, the Local Development Financing Act requires that the governing
body proposing the creation of an authority is to mail a hearing notice, at least 20 days
prior to the hearing, to taxpayers of record in the proposed district and to the governing
body of each taxing jurisdiction levying taxes that would be subject to capture; and
WHEREAS House Bill 4012 adds language to the Local Development Financing Act to
require that hearing notices be mailed "by certified mail to the treasurer, clerk, and
chairperson of the board of commissioners of the county in which the authority district or
business district was proposed to be located;" and
WHEREAS notices by certified mail would be required for hearings on creating a district
and designating district boundaries, hearings on development plans and tax increments
financing plans, or on amendments to such plans; and
WHEREAS House Bill 4012's special notice provisions only apply to the notice to counties
and not to the mailing to other taxing jurisdictions. The requirement would go into effect
on June 1,2005; and
WHEREAS House Bill 4012 is supported by the Michigan Association of Counties and the
Michigan Economic Development Corporation (MEDC).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby supports the concept contained in House Bill 4012 to amend Public Act 281 of
1986, entitled "The Local Development Financing Act," Sections 4 and 16 (MCL 125.2154
and 125.2166), Section 4 as amended by 2000 Public Act 248; by inserting language that
requires the mailing of notices to the county treasurer, clerk and chairperson of the board
of commissioners by certified mail.
/ Commissioner Sue Douglas
District # 12
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BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests
the Oakland County Clerk to forward copies of this adopted resolution to the House
Committee on Commerce, the Oakland County Delegation to the State Legislature, the
Michigan Association of Counties, and Oakland County's Legislative Lobbyists.
Chairperson, we move the adoption of the foregoing Resolution.
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Resolution #05051 March 10, 2005
The Chairperson referred the resolution to the General Government Committee. There were no objections.
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RuttrjOt. nTon, County Clerk
Resolution #05051 April 14, 2005
Moved by Patterson supported by Gregory the resolution be adopted.
Moved by Patterson supported by Gregory the General Government Committee Report be accepted.
A sufficient majority having voted therefore, the General Government Committee Report was accepted.
Moved by Patterson supported by Gregory the resolution be amended to coincide with the recommendation in
the General Government Committee Report.
A sufficient majority having voted therefore, the amendment carried.
Vote on resolution, as amended:
AYES: Douglas, Gregory, Hatchett, Jamian, KowaII, Long, Melton, Middleton, Molnar, Moss, Palmer,
Patterson, Potter, Rogers, Scott, Suarez, Woodward, Zack, Bullard, Coleman, Coulter, Crawford. (22)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution, as amended, was adopted.
WS NOT REQUIRE COUNIY BRUIN AC1111
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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 April 14, 2005 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 14th day of April, 2005.