ADOPTED - JULY 28, 2009
Agenda Item No. 30
Introduced by the County Services and Finance Committees of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION TO APPROVE AN AMENDMENT TO THE TAX SHARING AGREEMENT WITH THE CHARTER TOWNSHIP OF LANSING BY REPLACING THE CURRENT DETAILED PROJECT LIST WITH A NEW DETAILED PROJECT LIST
RESOLUTION #09-219
WHEREAS, on August 9, 2004, Ingham County entered into a Tax Sharing Agreement with the Charter Township of Lansing to share a certain portion of Ingham County’s incremental tax revenues from Lansing Township’s development district for certain defined infrastructure projects, as authorized in Resolution #04-128; and
WHEREAS, the defined infrastructure projects were initially set forth in a Project List, attached as Exhibit B to the Tax Sharing Agreement; and
WHEREAS, pursuant to Sec. 5 of the Tax Sharing Agreement, Lansing Township was allowed to provide a “Detailed Project List” by January 15, 2005, that could replace the original Exhibit B Project List, provided the County Controller made no objections by March 1, 2005; and
WHEREAS, the Township timely provided a Detailed Project List (Exhibit B Replacement), which was not objected to by the County Controller in the time provided, and therefore the Detailed Project List (Exhibit B Replacement) became the controlling document under the Tax Sharing Agreement for purposes of determining the specific infrastructure projects for which County taxes could be expended; and
WHEREAS, pursuant to Sec. 6 of the Tax Sharing Agreement, the Township may at any time notify the County of its intent to alter the Detailed Project List by adding or deleting specific projects, or increasing the share of captured County funds for a particular project by 10% or more, upon which Ingham County would have sixty days from official written receipt of the Township’s notice of intent to notify the Township that it objects to the proposed change, and if no objection is made, the Detailed Project List shall be amended, but if Ingham County’s objections are not resolved, the Detailed Project List is not amended; and
WHEREAS, on May 29, 2009, Lansing Township gave Ingham County written notification of its intent to alter the Detailed Project List, and submitted a new Detailed Project List, Exhibit B (2009 Replacement)(a copy of which is attached and incorporated by reference), by which costs for the Coleman Road extension were removed from the list, and shifted to Sam’s Way, Lake Lansing Road, and intersection improvements, and the allocation of costs for sidewalks, underground electrical installation, sanitary sewers, and storm sewers was modified; and
WHEREAS, Ingham County has sixty days, i.e., until July 29, 2009, in which to raise objections to the Township’s proposed change to the Detailed Project List, and if no objections are raised, then the Tax Sharing Agreement shall be amended by replacing the current Detailed Project List (Exhibit B Replacement) with a new Detailed Project List, Exhibit B (2009 Replacement); and
WHEREAS, the amount of County tax capture allowed by the Tax Sharing Agreement was limited to $7 million in direct costs, and $4 million for financing, for a total County tax capture not to exceed $11 million; and
ADOPTED - JULY 28, 2009
Agenda Item No. 30
RESOLUTION #09-219
WHEREAS, the proposed amendment of the Tax Sharing Agreement with a new Detailed Project List, Exhibit B (2009 Replacement) would not affect the agreed-upon amount of total County tax capture.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners raises no objection to the amendment of the Tax Sharing Agreement with a new Detailed Project List, Exhibit B (2009 Replacement), and approves the new Detailed Project List, Exhibit B (2009 Replacement) to become part of the Tax Sharing Agreement; and
BE IT FURTHER RESOLVED, that the Chairperson of the Board of Commissioners and the County Clerk are authorized to sign any necessary documents to this effect on behalf of Ingham County, upon review and approval by civil counsel.
COUNTY SERVICES: Yeas: Celentino, Koenig,Holman, Copedge, Grebner, Vickers
Nays: None Absent: None Approved 7/21/09
FINANCE: Yeas: Grebner, Nolan, Bahar-Cook, Tennis, Davis, Dougan
Nays: None Absent: None Approved 7/22/09