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HomeMy WebLinkAboutResolutions - 2006.03.09 - 28217MISCELLANEOUS RESOLUTION #06 029 BY: Finance Committee, Chuck Moss, Chairperson IN RE: BOARD OF COMMISSIONERS — LYON TOWNSHIP 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 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 pursuant to Miscellaneous Resolution #00155 this Board of Commissioners determined to participate in the Lyon Township DDA; and WHEREAS the County, the DDA and Lyon Township entered into an agreement dated May 23, 2001, which provided for the County's participation in the New Hudson Streetscape improvements, after which the County's participation in the DDA would end and its portion of ad valorem property taxes that would otherwise be subject to capture would be exempt from further capture by the DDA; and WHEREAS on August 25, 2005, the DDA and Lyon Township appeared before the Ad Hoc Committee to present an amended Development Plan, which sought an expanded role for County participation in the tax increment process; and WHEREAS the amended Development Plan presented in August, 2005, was premised on a tax increment financing plan that would capture only the amount of new taxes required for proposed debt service (bond repayments) and operations; and March 9, 2006 WHEREAS pursuant to MR #05238 this Board of Commissioners resolved to agree to County participation in the Lyon Township DDA, provided that a contract would be negotiated and agreed to between the Parties, and that the County's tax capture and participation would cease when the DDA paid off its bonds; and WHEREAS negotiations between the Parties indicate that the DDA has not yet completed its bond sale program and further suggest that it would be in the County's best interest to contractually designate a specific monetary amount for the County's net tax capture, rather than premise it on the issuance of bonds. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby rescinds MR #05238. BE IT FURTHER RESOLVED that this Board of Commissioners agrees to participate in the Lyon Township amended Development Plan, provided as follows: (1) That a contract is negotiated and agreed to between the County, Lyon Township, and the Lyon Township DDA; and (2) That the County net tax capture is capped at $17,000,000; this amount shall include the New Hudson Streetscape improvements as set forth in the agreement between the parties dated May 23, 2001; and That County participation is limited to the projects designated in the "Development Plan Tax Increment Financing Plan Proposed Amendment Charter Township of Lyon Downtown Development Authority Draft January 28th 2004, revised May 5, 2004, Revised December 17, 2004." Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing Resolution. FINANCE COMMITTEE aQ(dZ#17 Finance Committee Motion carried unanimously on a roll call vote with Palmer, Crawford, Long and Zack absent. (3) Resolution #06029 March 9, 2006 Moved by Zack supported by Rogers the resolutions (with fiscal notes attached) on the Consent Agenda, as amended, be adopted (with accompanying reports being accepted). AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda, as amended, (with accompanying reports being accepted) were adopted. • 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 March 9, 2006, 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 9th day of March, 2006. Ruth Johnson, County Clerk