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HomeMy WebLinkAboutResolutions - 2014.04.30 - 21313MISCELLANEOUS RESOLUTION #14097 April 30, 2014 BY: General Government Committee, Christine Long, Chairperson IN RE: ACT 196 PUBLIC TRANSPORTATION AUTHORITY — AMENDMENT TO THE AMENDED ARTICLES OF INCORPORATION OF THE OAKLAND COUNTY PUBLIC TRANSPORTATION AUTHORITY DATED JUNE 8, 1995 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 the Oakland County Board of Commissioners adopted Miscellaneous Resolution #95171, Miscellaneous Resolution #96044, Miscellaneous Resolution #96216, Miscellaneous Resolution #97147, Miscellaneous Resolution #97264, Miscellaneous Resolution #02112 and Miscellaneous Resolution #07092, to amend the OCPTA Articles of Incorporation; and WHEREAS the Authority, pursuant to Section 457 of P.A. 1986, No. 196, the Public Transportation Act, MCLA 124.451 et. Seq. (The "Act), may add a political subdivision as a member of the Authority. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners further amends the Oakland County Public Transportation Authority Amended Articles of Incorporation as follows: Article II of the Articles is hereby amended and restated in its entirety to read as follows: The incorporating unit of the Authority is the County of Oakland, State of Michigan, a municipal corporation of the State of Michigan. The County of Oakland; the Cities of Auburn Hills, Berkley, Birmingham, Clawson, Farmington, Farmington Hills, Ferndale, Hazel Park, Huntington Woods, Lathrup Village, Madison Heights, Oak Park, Pleasant Ridge, Pontiac, Royal Oak, Southfield, Troy and Walled Lake; the Townships of Bloomfield, West Bloomfield and Royal Oak; and the Villages of Beverly Hills, Bingham Farms and Franklin, together with any political subdivision or portion of a city, village or township which may be added to the Authority after its incorporation, shall be "Members" of the Authority as defined in the Act. BE IT FURTHER RESOLVED that the County Clerk is directed to forward copies of this resolution and Attachment A to the Oakland County Public Transportation Authority, the Oakland County Clerk, the Michigan Secretary of State and the State Department of Transportation for filing as required by Act 196. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE GENERAL GOVERNMENT COMMITTEE Motion carried unanimously on a roll call vote with Crawford and Hatchett absent. Attachment A: Copy of the Oakland County Notice of Adoption of the OCPTA Amendment to the OCPTA's Amended Articles of Incorporation; Copy of the March 28, 2014 Resolution of the Board of Oakland County Public Transportation Authority; and Copy of the March 17, 2014 Resolution of the Lathrup Village City Council. COUNTY OF OAKLAND NOTICE OF ADOPTION OAKLAND COUNTY PUBLIC TRANSPORTATION AUTHORITY PLEASE TAKE NOTICE that the Oakland County Board of Commissioners during a meeting held in Pontiac, Michigan on April 30, 2014, adopted the following Amendment to the Amended Articles of Incorporation for the Oakland County Public Transportation Authority: AMENDMENT TO THE AMENDED ARTICLES OF INCORPORATION OF THE OAKLAND COUNTY PUBLIC TRANSPORTATION AUTHORITY DATED JUNE 8, 1995 This Amendment to the Amended Articles of Incorporation of the Oakland County Public Transportation Authority (the "Authority") is made and executed this 30th day of April, 2014. WITNESSETH: WHEREAS, on June 8, 1995, the Oakland County Board of Commissioners (the "Commissioners") during a meeting held in Pontiac, Michigan adopted the Amended Articles of Incorporation for the Authority; WHEREAS, the Commissioners have executed and filed certain Amendments to the Authority's Amended Articles between June 8, 1995 and the date of this Notice; WHEREAS, the Authority, pursuant to Section 457 of P.A. 1986, No. 196, the Public Authority Transportation Act, MCLA 124.151 et seq. (the "Act"), may add a political subdivision as a Member of the Authority; NOW THEREFORE, IT IS AGREED by and between the parties hereto, that said Amended Articles of Incorporation be and hereby further amended as follows: 1 Article II of the Articles is hereby amended and restated in its entirety to read as follows: The incorporating unit of the Authority is the County of Oakland, State of Michigan, a municipal corporation of the State of Michigan. The County of Oakland; the Cities of Auburn Hills, Berkley, Birmingham, Clawson, Farmington, Farmington Hills, Ferndale, Hazel Park, Huntington Woods, Lathrup Village, Madison Heights, Oak Park, Pleasant Ridge, Pontiac, Royal Oak, Southfield, Troy and Walled Lake; the Townships of Bloomfield, West Bloomfield and Royal Oak; and the Villages of Beverly Hills, Bingham Farms and Franklin, together with any political subdivision or portion of a city, village or township which may be added to the Authority after its incorporation, shall be "Members" of the Authority as defined in the Act. 2. This Amendment is hereby incorporated into and made a part of the Amended Articles of Incorporation. In all other respects, except as hereinbefore modified and amended, the Authority hereby ratifies and confirms the Amended Articles. IT IS FURTHER AGREED, that the City Clerk for the City of Lathrup Village will execute the endorsement on the last page of this document per the requirements of MCLA 124,457; the City Clerk may execute the endorsement in counterparts. IN WITNESS WHEREOF, the Vice Chairperson of the Oakland County Board of Commissioners has executed this Amendment to the Amended Articles of Incorporation as of the day and year first written above. ENDORSEMENT The foregoing Amendmetts,the Amended Articles of Incorporation was adopted by an affirmative vote of a majority of the members serv1nik7 the governing or legislative body of Oakland County, Michigan at a meeting held on the day of , 2014. Lisa Brown Oakland County Clerk Dated: 2014 2 ENDORSEMENT The foregoing Amendment to the Amended Articles of Incorporation was adopted by an affirmative vote of a majority of the members serving • the governing or legislative body of Oakland County, Michigan at a meeting held on the 5 0 day of 1/ , 2014. Dated: ,2014 Vhdtt Lisa Brown Oakland County Clerk 2 Gloria Harris-Ford Lathrup Village City Clerk The City Clerk of the City of Lathrup Village hereby executes the foregoing Amendment to Amended Articles of Incorporation as required by MCL 124.457. , 2014 EXECUTION OF AMENDMENT BY LATHRUP VILLAGE PER MCL 124.457 1555001.3 3 RESOLUTION OF THE BOARD OF THE OAKLAND COUNTY PUBLIC TRANSPORTATION AUTHORITY WHEREAS, the Articles of Incorporation of the Oakland County Public Transportation Authority (the "Authority") were filed with the Michigan Secretary of State, the Oakland County Clerk and the Director of the Department of Transportation prior to June 8, 1995; WHEREAS, between June 8, 1995 and December 31, 2007, various Amendments to the Amended Articles of Incorporation of the Authority were filed with the Michigan Secretary of State, the Oakland County Clerk and the Director of the Department of Transportation; WHEREAS, pursuant to MCLA 124.457, being Section 457 of P.A. No. 196, the Authority's Board desires to admit the City of Lathrup Village as a Member of the Authority and ratify, confirm and acknowledge the previous admission of additional political subdivisions or portions of cities, villages, or townships, via an Amendment to the Amended Articles of Incorporation; be it therefore RESOLVED, the Board hereby approves, confirms and ratifies the Amendment to the Amended Articles of Incorporation attached herewith, which adds the City of Lathrup Village as a Member of the Authority and further confirms and ratifies that the Members of the Authority are: City of Auburn Hills City of I3erkley City of Birmingham City of Clawson City of Farmington City of Farmington Hills City of Ferndale City of Hazel Park City of Huntington Woods City of Madison Heights City of Oak Park City of Pleasant Ridge City of Pontiac City of Royal Oak City of Southfield City of Troy City of Walled Lake Township of Bloomfield Township of Royal Oak Township of West Bloomfield Village of Beverly Hills Village of Bingham Farms Village of Franklin City of Lathrup Village FURTHER RESOLVED, the Chairperson of the Oakland County Board of Commissioners is authorized, empowered and directed in the name of and on behalf of the Authority to execute the Amendment to the Amended Articles of Incorporation. Dated: March 28, 2014 OAKLAND COUNTY PUBLIC TRANSPORTATION AUTHORITY a Michigan statutory authority BY: Steve Brock, Chairpef son 2 A HERITAOE OF GOOD l.rviNo CITY OF LATHRUP VILLAGE Resolution of City Council The undersigned, all Members of the Lathrup Village City Council (the "Council"), do hereby certify that each is a duly elected Member of the Council, and as such is authorized to execute this Resolution on behalf of the City of Lathrup Village; and do hereby further certify on behalf of the City of Lathrup Village as follows: 1. Pursuant to the Michigan Public Transportation Authority Act, MCL 124.451 et. seq. (the "Act"), the Council, acting in accordance with its governing documents and the Act, has voted to become a member community of the Oakland. County Public Transportation Authority (the "OCPTA"). 2. The Council hereby requests that the OCPTA approve the City of Lathrup Village's membership in the OCPTA, in accordance with the Act and in the customary manner, as soon as reasonably possible. Yes: Brock, Copus, Garrett, Mannarino Thompson, Weaks No: None Absent: None 'Resolution adopted. I, Gloria Harris -Ford, City Clerk, do. hereby certify that the foregoing is a true copy of a Resolution adopted at a Regular Clty Council Meeting held/ on Monday, March 17, 2014, Oda Harris-Mid, City Clerk City of Lathrup Village 27400 Swi1f:1HW ROAD • LKIIIRUI) VILLAGE, MICHIOAN 48076 • 248-667-2600 9 PAx 248-557-2602 I Hekas, APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (7) Resolution #14097 April 30, 2014 Moved by Taub supported by Quarles the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Gershenson, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Dwyer. (19) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). STATE OF MICHIGAN) COUNTY OF OAKLAND) Lisa Brown, 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 30, 2014, 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 30th day of April 2014. Lisa Brown, Oakland County