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HomeMy WebLinkAboutResolutions - 2014.04.30 - 21322a MISCELLANEOUS RESOLUTION (MISC. 1114101) April 30, 2014 BY: GENERAL GOVERNMENT COMMITTEE IN RE: BOARD OF COMMISSIONERS — AUTHORIZING OAKLAND COUNTY PUBLIC TRANSPORTATION AUTHORITY MILLAGE QUESTION TO BE PLACED ON 2014 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 2012 expires with the 2013 tax year; and WHEREAS the Oakland County Public Transportation Authority seeks authorization to place a question before the opt-in communities in the OCPTA service area establishing a tax rate of 1 mil for tax years 2014 through 2017 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 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 all of the voters in the Oakland County Public Transportation Authority Service Area the proposition of establishing a 1 mil rate for the years 2014 through 2017 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 5, 2014 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 GENERAL GOVERNMENT COMMITTEE Motion carried on a roll call vote with Spisz absent and Gosselin voting no. OAKLAND COUNTY PUBLIC TRANSPORTATION MILLAGE If approved, this proposal will authorize 1.0 milis to be levied by the Oakland County Public Transportation Authority for the years 2014 through 2017, 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. For the purpose of providing funds in support of public transportation serving the elderly, disabled, and general public, shall 1.0 mills on all taxable property located within the Oakland County Public Transportation Authority area, be imposed for a period of four (4) years, being years 2014 through 2017? It is estimated that if approved this millage would raise approximately $27,095,229. ELECTION FINANCING AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE SUBURBAN MOBILITY AUTHORITY FOR REGIONAL TRANSPORTATION 2014 This Election Financing Agreement (hereinafter "Agreement") is entered into by and between the County of Oakland, whose address is 1200 N. Telegraph Road, Pontiac, MI 48341, (hereinafter "County") and the Suburban Mobility Authority for Regional Transportation, a Michigan Metropolitan Transportation Authority created pursuant to Michigan Public Act 204 of 1967, as amended, whose address is 535 Griswold Street, Detroit, MI 48226 (hereinafter "SMART"). INTRODUCTION Whereas SMART has agreed to pay the reasonable incremental costs of a millage election called by the Oakland County Public Transportation Authority for the purpose of authorizing a levy of ad valorem property taxes for the purpose of supporting SMART's provision of public transportation services within the County. AGREEMENT In consideration of the County's efforts in conducting and holding the millage election, the parties agree as follows: 1. SMART shall reimburse the County for all reasonable incremental costs incurred in connection with calling, holding, and otherwise conducting the August 5, 2014 millage election. Such costs shall be those incremental costs reasonably incurred by any village, township, city, or the County which are related to the cost of such election and which are in excess of the cost of any election being held concurrently. 2. SMART guarantees payment based upon correct invoices submitted by the Oakland County Clerk to SMART. Any village, township, or city wishing to be reimbursed for the cost of such millage election shall submit all costs to the County Clerk within thirty (30) days of the date of the election. The County Clerk shall then submit said costs, along with those incurred by the County, to SMART for reimbursement within thirty (30) subsequent days. Reimbursement shall include interest at the rate of 0.08% (6-month T- bill rate as of 03/11/14) from the date of the election to the date of reimbursement. All reimbursements, whether for the County or cities, villages, and townships, shall be made by SMART to the County clerk. 3. All notices or invoices transmitted under this Agreement shall be made in writing and either personally delivered or mailed to the other party at its address set forth herein or such addresses as the parties may provide in writing from time to time. Any such notices shall be deemed to have been received when delivered if delivered personally, or five (5) days subsequent to mailing. 4. This Agreement shall be construed in accordance with and the laws of the State of Michigan, except those which would direct application of the laws of another jurisdiction. 5. The parties agree that this Agreement inures to the benefit of, and is binding upon, the successors to the parties hereto, if any. 6. This Agreement constitutes the entire agreement between the parties with respect to reimbursement for expenses incurred in connection with the August 5, 2014 millage election. This Agreement may only be modified in a writing signed by both parties. Any provision of this Agreement found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the Agreement. 7. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this instrument to be executed by their authorized representatives placing their signatures below. SUBURBAN MOBILITY AUTHORITY COUNTY OF OAKLAND FOR REGIONAL TRANSPORTATION By: By: John Hertel Michael J. Gingell Its: General Manager Its: Oakland County Board Chairperson Date: Date: 2014 Millage Oakland County Ballot Timeline Due Date Action Necessary March 19, 2014 - 7:00 p.m. Oakland County Board of Commissioners Meeting — Present language for approval. Under Article VI of the Oakland County Public Transit Authority (OCPTA) Articles of Incorporation the Authority must first obtain the Commission's approval. Between March 19 — April 29 1 After Oakland Commission approves the resolution and ballot language, OCPTA should adopt the resolution and approve ballot language. April 29, 2014 Petitions to place county and local questions on the August primary ballot filed with county and local clerks. (168.646a) May 13, 2014 Ballot wording of county and local proposals to be presented at the August primary certified to county and local clerks; local clerks receiving ballot wording forward to county clerk within two days. (168.646a) August 5, 2014 Primary Election 'The OCPTA must meet sometime after the Oakland Board of Commissioners Meeting (March 19) but before the petition filing deadline, April 29. 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 millage 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 qualified 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: I . The Board of the Authority (the "Board") hereby calls an election of the qualified electors of the Authority for August 5, 2014 on the proposition of seeking an a renewal and increase in the amount of taxes which may be imposed on taxable property within the limits of the Authority of from .59 mills to 1.0 mills for the years 2014 to 2017, inclusive, to continue support for a public transportation system serving the elderly, disabled, and the general public of the County of Oakland, 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 1fapproved, this proposal will renew and increase the ,59 mills currently levied by the Oakland County Public Transportation Authority for the years 2012 through 2013, to 1.0 mills for tlw years 2014 through 2017, and will allow continued support to the Suburban Mobility Authority for Regional Transportation (SMART).* a public transportation system serving the elderly, disabled, and general public of Oakland County. 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, as a renewal and increase of the mills which expired with the 2013 tax levy, shall the limitation on the amount of taxes imposed on taxable property in the Oakland County Public Transportation Authority area be renewed and increased from .59 mills (59 cents per $1,000 of taxable value) to 1.0 mills ($1.00 per $1,000 of taxable value) for four (4) years, 2014 through 2017, inclusive? It is estimated that 1.0 mills would generate approximately $27 million when levied in 2014. 3. The Chairperson of the Authority, with the assistance of the Oakland County Elections Division, is directed to file 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. 4 STEVE BROCK, OCPIXCH AIR 1555106.1 2 I hereby certify that the foregoing is a true and complete copy of a resolution duly adopted by the Board of Directors of the Oakland County Public Transportation Authority, at a meeting held on March 28, 2014, at 9:00 am., 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, 1 further certify that notice of said Meeting was given to each member of the Board. 1 further certify that the following Members were present at said meeting: Steve Brock Megan Owens Dave Dillingham and that the following Members participated in the meeting via telephone: David Boerger Ramon Betanzos further certify that Member David Boerger moved for adoption of said resolution and that Member David Dillingham supported said motion. further certify that the following Members voted for adoption of said resolution: ALL MEMBERS. and that the following Members voted against adoption of said resolution: NO MEMBERS. STEVE BROCK, ocyrA CHAIR Dated: March 28, 2014 155$106.1 3 Resolution #14101 April 30, 2014 Moved by Middleton supported by Woodward the resolution be adopted. AYES: Hatchett, Hoffman, Jackson, Matis, McGillivray, Middleton, Quarles, Taub, Weipert, Woodward, Zack, Dwyer, Gershenson. (13) NAYS: Gosselin, Long, Runestad, Scott, Spisz, Bosnic. (6) A sufficient majority having voted in favor, the resolution was adopted. HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (7) 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 30t1 day of April 2014. Lisa Brown, Oakland County