HomeMy WebLinkAboutResolutions - 2012.04.18 - 20175MISCELLANEOUS RESOLUTION ;#12094 April 18, 2012
BY: GENERAL GOVERNMENT COMMITTEE
IN RE: BOARD OF COMMISSIONERS — AUTHORIZING OAKLAND COUNTY PUBLIC
TRANSPORTATION AUTHORITY MILLAGE QUESTION TO BE PLACED ON 2012 ELECTION
BALLOT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS on March 30, 1995, the Oakland County Board of Commissioners adopted
Miscellaneous Resolution #95083, Act 196 Public Transportation Authority - Articles of Incorporation,
establishing the Oakland County Public Transportation Authority (OCPTA); and
WHEREAS in accordance with Article VI of the Articles of Incorporation, as adopted and
amended, the OCPTA may not place a millage question before Oakland County communities without the
prior authorization of the Oakland County Board of Commissioners; and
WHEREAS the granting of authorization by the Oakland County Board of Commissioners does
not constitute either support or non-support of this particular millage issue; and
WHEREAS the granting of authorization by the Oakland County Board of Commissioners
supports the right of voters residing in public transit authority opt-in communities to choose whether or not
they wish to continue their support of public transit; and
WHEREAS since 1995 as many as 23 Oakland County Communities including the cities of
Auburn Hills, Berkley, Birmingham, Clawson, Farmington, Farmington Hills, Ferndale, Hazel Park,
Huntington Woods, Madison Heights, Oak Park, Pleasant Ridge, Pontiac, Royal Oak, Southfield, Troy
and Walled Lake; the Townships of Bloomfield, Royal Oak and West Bloomfield and the villages of
Beverly Hills, Bingham Farms and Franklin have chosen to retain their membership in the Oakland
County Public Transit Authority and have voted to adopt a millage in support of public transportation
services for their communities; and
WHEREAS the .59 millage approved by transit authority area voters in 2010 expires with the
2011 tax levy; and
WHEREAS the Oakland County Public Transportation Authority has adopted a resolution calling
for renewing/establishing a tax rate of .59 mills for tax years 2012 and 2013 in order to contract with the
Suburban Mobility Authority for Regional Transportation (SMART) and help fund public transit services for
the public transit dependent, the senior, student and the disabled communities, as well as transit choice
riders in the OCPTA area; and
WHEREAS 70% of current SMART riders use public transit to get to work and 20% of those
riders use public transit to get to school; and
WHEREAS the voters in Macomb County and in the Wayne County Public Transportation
Authority area have already voted to authorize a .59 millage to support public transportation for the tax
years of 2012 and 2013.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners,
hereby authorizes the Oakland County Public Transportation Authority to utilize Section 18 of Act 196,
MCL 124.468 (Property Taxation); for the purpose of placing before the voters residing in the Oakland
County Public Transportation Authority area the proposition of renewing the current .59 millage rate for
the years 2012 and 2013 to support public transportation in the Oakland County Public Transportation
Authority Service area.
BE IT FURTHER RESOLVED that the Board of Commissioners recommends the proposition be
placed on the August 7, 2012 election ballot.
BE IT FURTHER RESOLVED that the Oakland County Clerk is directed to do all things and
provide all supplies necessary for the placing of this question on the ballot as required by law.
Chairperson, we move the adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Motion carried on a roll call vote with Gosselin voting no and Gershenson and Hatchett absent.
OAKLAND COUNTY
PRIMARY EL ECTION AUGUST 7, 2012
OAKLAND COUNTY PUBLIC TRANSPORTATION MILLAGE RENEWAL
If approved, this proposal will renew the .59 mills levied by the Oakland County Public Transportation Authority
in 2010, for the years 2010 through 2011, and will allow continued support to the Suburban Mobility Authority
for Regional Transportation (SMART) for a public transportation system serving the elderly, disabled, and
general public of Oakland County.
As a renewal of the mills which expired with the 2011 tax levy, shall the limitation on the amount of taxes
imposed on taxable property in the Oakland County Pubiic Transportation Authority area be renewed at .59
mills (59 cents per $1,000 of taxable value) for two (2) years, 2012 and 2013, inclusive, for the purpose of
providing funds for the support of a public transportation system serving the elderly, disabled, and general
public of the County of Oakland? It is estimated that .59 mills would raise approximately $16 million when
levied in 2012.
INHALL
•I:UNDER
1011,1A1q HEATH & LYMAN
Professional Limited Liability Company
201 West Big Beaver Road
Columbia Center, Suite 1200
Troy, Michigan 48084
Mark R. Adams
madams@thallrender.com
(248) 457-7868
Fax: (248) 740-7501
March 20. 2012
Joe Rozell, Director
Oakland County Clerk — Elections Division
1200 N. Telegraph Road
14 East — West Wing
Pontiac, Michigan 48341
Re: Oakland County Public Transportation Authority ("OCPTA")
Resolution Calling August 7, 2012 Minns Election
Dear Mr. Rozell:
Enclosed please find a copy of the OCPTA's Resolution Calling Millage Election. The OCPTA
Board issued it today at a public Board meeting.
Please process the Resolution in the customary manner and contact me if you have any questions.
Thank you.
Very truly yours,
HALL, RENDER, KILLIAN, HEATH & LYMAN, PLLC
Mark R. Adams
MRA/clw
Enclosures
Cc: Michael J. Gingell, Chaii man — Oakland County Commissioners (w/encl.)
Ms. Helen Hanger (w/encl.)
Andrew Meisner, Oakland County Treasurer (w/encl.)
Steve Brown, SMART (w/encl.)
Steve Brock, OCPTA Chair (w/encl.)
1224233v.1
INDIANA KENTUCKY 1 MICHIGAN 1 WISCONSIN
OAKLAND COUNTY PUBLIC TRANSPORTATION AUTHORITY
STATE OF MICHIGAN
RESOLUTION CALLING MILLAGE ELECTION
'WHEREAS, the Oakland County Board of Commissioners has approved the adoption of
the Amended Articles of Incorporation of the Oakland County Public Transportation Authority
(the "Authority"), as amended (the "Articles of Incorporation"), pursuant to Act 196, Public Acts
of Michigan, 1986, as amended (the "Act"), and those Articles of Incorporation have been
executed, filed and published in accordance with the Act; and
WHEREAS, the Oakland County Public Transportation Authority (the "Authority"),
desires to continue to raise monies to continue to finance the operation of a public transportation
system in order to maintain the expansion of public transportation services offered within
Oakland County (the "County"), and ensure the continuation of elderly and disabled transit
services and line haul services in the County; and
WHEREAS, the Act authorizes the Authority to levy a tax on all of the taxable property
within the limits of the Authority to finance public transportation service; and
• WHEREAS, as required by the Articles of Incorporation, the Oakland County Board of
Commissioners has approved the calling Of an election by the Authority for the purpose of
placing the rnillage renewal question upon the ballot;
WHEREAS, the Act and Article 9, Section 6 of the State Constitution of 1963, as
amended, require the approval of the qunlified electors residing within the boundaries of the
Authority to increase the limitation on the amount of taxes which the Authority is authorized by
law to levy for purposes of financing public transportation;
NOW, THEREFORE, BE IT RESOLVED:
1. The Board of the Authority (the "Board') hereby calls an election of the qualified
electors of the Authority for August 7, 2012 on the proposition of seeking a renewal on the
amount of taxes which may be imposed on taxable property within the limits of the Authority of
.59 mills for the years 2012 to 2013, inclusive, to continue support for a public transportation
system serving the elderly, disabled, and the general public of the County of Oakland.
HRKHL-#122170B-V1-RESOLUTION_CALLING_FOR_2012_MILLAGE_ELEC,TION.DOC
2. The proposition to be submitted at the election shall be stated on a separate ballot,
or as a separate proposition on a voting machine, in substantially the following form:
OAKLAND COUNTY PUBLIC TRANSPORTATION MILLAGE RENEWAL
If approved, this proposal will renew the .59 mills levied by the Oakland County
Public Transportation Authority in 2010, for the years 2010 through 2011, and
will allow continued support to the Suburban Mobility Authority for Regional
Transportation (SMART) for a public transportation system serving the elderly,
disabled, and general public of Oakland County.
• •
As a renewal of the mills which expired with the 2011 tax levy,
shall the limitation on the amount of taxes imposed on taxable
property in the Oakland County Public Transportation Authority
area be renewed at .59 mills (59 cents per $1,000 of taxable value)
for two (2) years, 2012 and 2013, inclusive, for the purpose of
providing funds for the support of a public tansportation system
serving the elderly, disabled, and general public of the County of
Oakland? It is estimated that .59 mills would raise approximately
$ 7-‘ million when levied in 2012.
3. The Chairperson of the Authority, with the assistance of the Oakland County
Elections Division, is directed to flie a copy of this resolution with the clerk of each city or
township within the boundaries of the Authority as of the date of this resolution within sixty (60)
days before the date of the election and to notify the Oakland County Clerk of each city and
township within the boundaries of the Authority as of a date thirty (30) days prior to the date of
the election. -
4. The Chairperson of the Authority is hereby authorized and directed to request the
Oakland County Election Scheduling Committee for approval of the date of the election, and to
do all things necessary for the election as are required by law of the Authority to be done.
5. The Oakland County Clerk is requested to do all things and provide all supplies
necessary for the election, as required by law to be done.
6. This Resolution shall take immediate effect.
STEVE BROCK, OCPTA CHAIR
1221708.1 2
FOM m.”Remp,v, <TUM>MAR 40 ,20T2-- R 1
I hereby certify that the foregoing is a true and complex copy of a resolution duly
adopted by the Board of Directors of the Oakland County Public Transportation Authority, at a
meeting held on March 20, 2012, at 10:30 a.m., prevailing Eastern Time, and that said meeting
was conducted and public notice of said meeting was given pursuant to and in full compliance
with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes
of said meeting were kept and will be or have been made available as required by said Act 267.
If the above meeting was a Meeting, I further certify that notice of said Meeting was
given to each member of the Board.
I further certify that the following Members were present at said meeting:
Steve Brock
Rornc--: BetanzosL77
David Boerger
Dave Dillingham
Megan Owens
I further certify that Member RAP,ork, ge)-A et 7.0 .5- moved for adoption of said
resolution and that Member (.1 e9 a ri L./ e s supported said motion.
I further certify that the following Members voted for adoption of said resolution:
and that the following Members voted against adoption of said resolution:
STEVE BROCK, OCPTA CMAIR
Dated: March 20, 2012
1221708.1
Resolution #12094 April 18, 2012
Moved by Long supported by Woodward the resolution be adopted.
AYES: Dwyer, Gershenson, Gingell, Hatchett, Jackson, Long, Matis, McGillivray, Middleton,
Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack, Covey,
Crawford. (22)
NAYS: Gosselin. (1)
A sufficient majority having voted in favor, the resolution was adopted.
I HEREBY - DE THE FOREGOING RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., 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 April 18,
2012, 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 18th day of April, 2012.
P,L12_0_ euula_ou„.1 (514.
Bill Bullard Jr., Oakland County