December 6, 2004

A special meeting of the City Council was held on December 6, 2004, at 5:00 p.m. in the Council Chambers in City Hall. Mayor Black presided.

Councilmen present:	Drummond Black, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz
Councilmen absent:	None

DOW CHEMICAL CO BROWNFIELD REDEVELOPMENT PLAN NO. 1

Assistant City Manager Jack Duso presented a report on the process and timeline for proposed amendments to The Dow Chemical Company Brownfield Redevelopment Plan #1 and the Renaissance Zone Development Agreement.

Don Taylor, Operations Leader for The Dow Chemical Company Michigan Operations, presented an overview of Project Daytona and outlined the amendment requests for the Brownfield Redevelopment and the Renaissance Zone Development Agreement.

Mark Recker, representing The Dow Chemical Company Tax Department, also spoke on the project and its timeline.

A public hearing opened at 5:28 p.m. Jenee Velasquez, Executive Director for Midland Tomorrow, spoke in support of the plans. The public hearing closed at 5:33 p.m.

The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

WHEREAS, the City of Midland, pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”), has established a Brownfield Redevelopment Zone (the “Zone”), and has established the Brownfield Redevelopment Financing Authority of the City of Midland (the “Authority”); and

WHEREAS, the Authority, pursuant to and in accordance with the provisions of the Act, has prepared and recommended for approval by the City Council, an amended brownfield plan (the “Plan”) as described in Exhibit A pursuant to and in accordance with Section 13 of the Act, to be carried out within the Zone; and

WHEREAS, the City Council has, at least twenty (20) days before the meeting of the City Council at which this resolution has been considered, provided notice to the public about the Plan by publishing notice of the Plan and a hearing in which the Plan will be open for discussion in a newspaper of general circulation and the City Council has provided the public a reasonable opportunity to express its views regarding the Plan in accordance with Section 13 (10) and 13 (12) of the Act; and

WHEREAS, the City Council has made the following determinations and findings:

A. The Plan constitutes a public purpose under the Act;

B. The Plan meets all of the requirements for a brownfield plan set forth in Section 13 of the Act; and

WHEREAS, as a result of its review of the Plan and upon consideration of the views and recommendations of the Authority and the public, the City Council desires to proceed with approval of the Plan; now therefore

RESOLVED, that pursuant to the authority vested in the City Council by the Act, and pursuant to and in accordance with the provisions of Section 14 of the Act, the Plan is hereby approved in the form attached to this Resolution; and

RESOLVED FURTHER, that should any section, clause or phrase of this Resolution be declared by the Courts to be invalid, the same shall not affect the validity of this Resolution as a whole nor any part thereof other than the part so declared to be invalid; and

RESOLVED FURTHER, that all resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed. (Motion ADOPTED.)

AMENDED RENAISSANCE ZONE DEVELOPMENT AGREEMENT

The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:

WHEREAS, on November 11, 2002 the City Council approved the creation of The Dow Chemical Company Renaissance Zone subject to a development agreement between The Dow Chemical Company, the Michigan Strategic Fund, and the City of Midland, which was dated November 14, 2002; and

WHEREAS, on said date the City Council, in accordance with Public Act 376 of 1996, as amended, consented to the exemption of all taxes levied against all property located within or persons residing within The Dow Chemical Company Renaissance Zone property; and

WHEREAS, The Dow Chemical Company has requested that the City Council consider an amendment to the Renaissance Zone development agreement to reflect a change in one of the projects; now therefore

RESOLVED, that the City Council hereby approves a new amended development agreement between The Dow Chemical Company, the Michigan Strategic Fund, and the City of Midland; and

RESOLVED FURTHER, that the Mayor is hereby authorized to execute the amended development agreement. (Motion ADOPTED.)

Being no further business the meeting adjourned at 5:39 p.m.

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Selina Tisdale, City Clerk