ADOPTED - SEPTEMBER 23, 2003

AGENDA ITEM NO. 31

Introduced by the Finance Committee of the:

INGHAM COUNTY BOARD OF COMMISSIONERS

RESOLUTION AUTHORIZING LEGAL ACTION AGAINST LANSING CHARTER TOWNSHIP AND THE LANSING TOWNSHIP DDA

RESOLUTION #03-231

WHEREAS, in Resolution #03-150, adopted June 10, 2003, the Ingham County Board of Commissioners continued to object to the Development and Tax Increment Financing Plan adopted by Lansing Charter Township; and

WHEREAS, in the interest of regional cooperation and avoiding the potential for litigation, the Resolution authorized staff to negotiate an agreement with Lansing Charter Township within certain parameters; and

WHEREAS, the Resolution also stated that if no agreement has been reached by September 1, 2003, the County Attorney was directed to explore avenues of possible recourse and to present such findings to the Board of Commissioners; and

WHEREAS, the County Controller reported to the County Services and Finance Committees at their meetings on September 16 and 17, 2003 that no agreement has been negotiated; and

WHEREAS, the County Attorney has advised that he believes that Ingham County has a cause of action against Lansing Township for failure to comply with the DDA statute.

THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes the County Attorney to initiate appropriate legal action challenging Lansing Charter Township's failure to comply with the DDA statute, and to prevent the capture of taxes in the district.

FINANCE: Yeas: Grebner, Swope, Thomas, Minter

Nays: Hertel Absent: Dedden Approved 9/17/03