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Home My WebLink AboutCOUNCIL MINUTES 2009-05-06 SPECIAL 37154 MINUTES OF THE TWO HUNDRED FORTY-FOURTH SPECIAL MEETING OF MAY 6, 2009 On May 6, 2009, the above Special Meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan and was called to order by the President of the Council at 7 33 p m Roll was called with the following result: Brian Meakin, Thomas Robinson, James McCann, Terry Godfroid-Marecki, John Pastor, Joe Laura, and Laura Toy Absent: None Elected and appointed officials present: Don Knapp, City Attorney; Judy Priebe, Technical Specialist; Linda Grimsby, City Clerk, Mark Taormina, City Planner; and Mayor Jack Kirksey There was no Audience Communication at the beginning of the meeting On a motion by Laura, seconded by McCann, and unanimously adopted, it was #188-09 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from A123 Systems, Inc., dated April 29, 2009, covering new industrial facilities to be located within City of Livonia Industrial Development Overlay District No 13, WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body on each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded A123 Systems, Inc , the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 6 30 p m , Wednesday, May 6, 2009, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan Special Meeting Minutes of May 6, 2009 37155 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, A123 Systems, Inc , finds and determines (a) that the granting of this Industrial Facilities Exemption Certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P O 1974, as amended 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from A123 Systems, Inc covering new industrial facilities to be located within the City of Livonia Industrial Development Overlay District No 13, for 12 years after a 2 year construction period 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1984, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the City Council upon approval of an Industrial Facilities Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process Applications for Industrial Facilities Exemption Certificates On a motion by Pastor, seconded by Laura, and unanimously adopted, it was #189-09 WHEREAS, pursuant to P.A. 198 of 1974, as amended, after a duly noticed public hearing, the City Council of the City of Livonia, established Livonia Industrial Development District No 13, on March 18, 1984 for property at 39000 West Seven Mile Road, thereby creating an "eligible district" for purposes of Act 328 of 1998, as amended (the "Act"), and WHEREAS A123 Systems, Inc , a Delaware corporation and an eligible business under the Act, has filed an Application for Exemption of New Personal Property to be located in the referenced eligible district; and Special Meeting Minutes of May 6, 2009 37156 WHEREAS, before acting upon said Application the City Council of the City of Livonia held a public hearing on the 6th day of May, 2009, at 6 30 p m in Livonia City Hall at 33000 Civic Center Drive, Livonia, Michigan, at which the Applicant, City Assessor and a representative of the effected taxing units were given written notice and were afforded an opportunity to be heard on said Application, NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Livonia hereby approves the Application of A123 Systems, Inc. for the Exemption of New Personal Property to be installed in the referenced eligible district; and BE IT FURTHER RESOLVED THAT if the owner or lessee of a facility for which an Exemption of New Personal Property under the Act is in effect relocates that facility outside of the eligible district during the first half of the period in which the Exemption is in effect, the owner or lessee is liable to the City from which it is leaving, upon relocating, for an amount to be determined in accordance with a Letter of Agreement executed between A123 Systems, Inc. and the City of Livonia If the City determines that it is in its best interest, the City may forgive the liability of the owner or lessee under the terms of the Letter of Agreement. The payment provided for in the Letter of Agreement shall be distributed in the same manner as property taxes are distributed BE IT FURTHER RSOLVED THAT the New Personal Property Exemption when issued shall be, and remain in force and effect for a period of 12 years after a two year construction period, beginning June 1, 2009, and ending May 31, 2011 BE IT FURTHER RESOLVED THAT A123 Systems, Inc. shall file with the City Assessor two (2) personal property statements each year; one statement for Exempt New Personal Property and one statement for all other personal property; and BE IT FURTHER RESOLVED THAT the Application submitted by A123 Systems, Inc is for an Exemption of New Personal Property that will be located in the following described parcel of real estate situated within the City of Livonia, in Industrial Development District No 13, established on March 28, 1984 PARCEL OF LAND SW 1/4 SEC 6 COMM AT SW COR S 88D 14M 49S E 947 38 FT ALONG S LINE N 01D 45M 11S E 60 0 FT TO POB TH N 03D OOM 56S E 160 04 FT TH N 29D 16M 42S E 173 19 FT TH N 02D 15M 12S W 308 12 FT TH S 85D 24M 13S W 183 49 FT TH N 04D 35M 47S W 41 82 FT TH N 24D 54M 13S E 350 0 FT TH N 20D 45M 47S W 190 0 FT TH N 04D 54M 13S E Special Meeting Minutes of May 6, 2009 37157 592 96 FT TH S 59D 47M 02S E 75 48 FT TH S 84D 29M 49S E 165 30 FT TH N 15D 30M 11S E 325 68 FT THS 88D 47M 02S E 548 01 FT TH 49 33 FT ALONG ARC RAD 5593 58 FT CEN ANGLE OOD 30M 19S CH BEARS S 22D 23M 29S E 49 33 FT TH S 16D 42M 14S E 173 87 FT TH S 02D 03M 16S W 886 13 FT TH S 24D 29M 57S W 175 73 FT TH S 35D 22M 18S W 443.28 FT TH S 01D 45M 11S W 213 05 FT TH S 46D 45M 11SW 17678 FT TH N 88D14M49SW210OFTTHS01D45M11SW400FTTHN 88D 14M 49S W 248 95 FT TO POB 35 023 AC BE IT FINALLY RESOVLED that the City Clerk shall cause the Application for Exemption of New Personal Property to be completed and shall take all the steps necessary to insure that the completed application and a copy of this Resolution are filed with the State Tax Commission in a timely fashion There was no Audience Communication at the end of the meeting On a motion by Pastor, seconded by Laura, and unanimously adopted, this 244th Special Meeting of the Council of the City of Livonia was adjourned at 7 35 p m , May 6, 2009 Linda Grimsby, City Clerk