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HomeMy WebLinkAboutResolutions - 2014.11.19 - 21587Miscellaneous Resolution #14287 BY: Commissioner David Woodward, District 14 19 Ka-Art"- ift4 RE: BOARD OF COMMISSIONERS — APPROVAL AND SUBMISSION OF AMENDMENT #1 - ARTICLES OF INCORPORATION OF THE GREAT LAKES WATER AUTHORITY TO: Oakland County Board of Commissioners 1-evAlit *-1 I Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners adopted the Articles of Incorporation of the Great Lakes Water Authority on October 8, 2014; and WHEREAS the Wayne County Board of Commissioners, Macomb County Board of Commissioners and the Detroit City Council have adopted the Articles of Incorporation of the Great Lakes Water Authority; and WHEREAS Article 19 — Amendments of the Articles provides that "amendments may be made to these Articles of Incorporation at any time if adopted by the legislative body of each Incorporating Municipality of which the Authority is composed."; and WHEREAS the Wayne County Board of Commissioners stated in Resolution 2014-594, adopting the Articles of Incorporation of the Great Lakes Water Authority, the following provision: "WHEREAS, the Wayne County Commission will work with the other legislative bodies that are members of the authority to amend the Articles of Incorporation to include the Wayne County Commission in the approval process for Wayne County's appointee to the GLWA.'; and WHEREAS members of the Macomb County Board of Commissioners have expressed support of an amendment to the Articles to include the legislative body in the approval process for appointments to the Great Lakes Water Authority Board; and WHEREAS the Articles of Incorporation of the Great Lakes Water Authority were drafted without the input of the respective legislative bodies; and WHEREAS the Articles were submitted to the respective legislative bodies of the Incorporating Counties of the Great Lakes Water Authority with limited time for review and no opportunity to make amendments; and WHEREAS the Great Lakes Water Authority Board have been invested with authority to make decisions that will have a significant and lasting impact on the future of the region; and WHEREAS the Great Lakes Water Authority Board will have the authority to make decisions that will have direct financial implications for the citizens and property owners of Oakland County; and WHEREAS PA 139 of 1973 Section 6. (H), expressly permits the Board of Commissioners to appoint members of a board, commission or authority; and WHEREAS the Board of Commissioners have delegated the appointment authority granted under PA 139 of 1973 to the County Executive in the adoption of the Articles; and WHEREAS the Board of Commissioners reserves their rights under this delegation of authority to review and approve by majority vote appointees of the County Executive. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners amends the Great Lakes Water Authority Articles of Incorporation, adopted per MR #14229, as follows: ARTICLE 7- BOARD OF DIRECTORS AND OFFICERS The governing body of the Authority shall be a Board of Directors (the "Board") composed of six voting members selected in the following manner: mmissio District #/ Commisdion District # 20 erson, I move tile doption of thf foregoing Resolution. 4 m Al LA :1,1 issio 0 , JAI District # Commissioner Commissioner District # District # Commissioner Di9ktrict # IA) Commissioner District # A. Two members of the Board shall be residents of the City of Detroit, shall be appointed by the Mayor of the City and shall serve at the appointing authority's pleasure. The initial term for the members appointed under this paragraph shall be three (3) years and all subsequent terms shall be for four (4) years. B. Each Charter or 1973 PA 139 County that adopts these articles of incorporation shall appoint one member who shall be a resident of the County from which appointed. The appointments shall be made by the Executive or Administrative authority designated under the respective Charters or 1973 PA 139 and the appointees shall serve at the appointing authority's pleasure. The Executive or Administrative authority of each Charter or 1973 PA 139 County shall submit appointments to the legislative body of authority of that County and appointments shall be effective upon the concurrence of the legislative body. The initial term for the appointees from the Counties with the highest and second highest population shall be two (2) years and all subsequent terms shall be for four (4) years._The initial term for the appointees from any other county shall be one (1) year and all subsequent terms shall be four (4) years. BE IT FURTHER RESOLVED that this amendment to the Articles of Incorporation shall be submitted to the Incorporating legislative bodies of the Great Lakes Water Authority and shall be effective upon their approval. BE IT FURTHER RESOLVED that the Clerk of the County of Oakland is directed to submit a copy of this resolution to the Chairman of the Wayne County Board of Commissioners, Chairman of the Macomb County Board of Commissioners, the President of the Detroit Council, the Clerk of the County of Wayne, the Clerk of the County of Macomb and the Clerk of the City of Detroit. BE IT FURTHER RESOLVED that upon notification of adoption of this amendment by the legislative bodies of all Incorporating Members, the Clerk of the County of Oakland shall publish this amendment in accordance with the provisions of Article 16 of the Articles of Incorporation. BE IT FURTHER RESOLVED that the Clerk of the County of Oakland shall file the adopted amended Articles of Incorporation with the Secretary of State and the recording officer of the Great Lakes Water Authority Board. Commissioner Commissioner District # District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner Commissioner District # District # Resolution #14287 November 19, 2014 Moved by Woodward supported by Gershenson to suspend the rules and vote on Miscellaneous Resolution #14287 — Board of Commissioners — Approval and Submission of Amendment #1 — Articles of Incorporation of the Great Lakes Water Authority. Vote on motion to suspend the rules: AYES: Jackson, McGillivray, Quarles, Woodward, Zack, Gershenson, Hatchett. (7) NAYS: Long, Matis, Middleton, Runestad, Scott, Spisz, Taub, Weipert, Bosnic, Dwyer, Gingell, Gosselin. (12) A sufficient majority not having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #14287 — Board of Commissioners — Approval and Submission of Amendment #1 — Articles of Incorporation of the Great Lakes Water Authority failed. Discussion followed. The Chairperson referred the resolution to the General Government Committee. There were no objections.