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HomeMy WebLinkAboutResolutions - 2016.05.05 - 22348MISCELLANEOUS RESOLUTION #16118 May 5,2016 BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS — AUTHORIZATION FOR THE OAKLAND COUNTY ZOOLOGICAL AUTHORITY TO UTILIZE THE PROPERTY TAX PROVISIONS OF PUBLIC ACT 49 OF 2008 TO PLACE A MILLAGE QUESTION ON THE AUGUST 2, 2016 PRIMARY ELECTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Detroit Zoo is a cultural institution which is an important part of the economic vitality of Oakland County and the entire region, playing a critical role in attracting tourists and providing unique educational opportunities for our residents; and WHEREAS in 2008, it was recognized that the future of the Detroit Zoo was at risk unless ongoing funding support on a regional basis could be secured; and WHEREAS Public Act 49 of 2008 authorizes the creation of a county Zoological Authority with the power to enter into a contract with an accredited zoological institution for services and to place before the voters the proposition of establishing a tax on real and personal property in an amount not greater than .2 mills for a period of not more than 20 years; and WHEREAS the Oakland County Board of Commissioners approved the adoption of the Articles of Incorporation of the Oakland County Zoological Authority on May 14, 2008; and WHEREAS the Board of Commissioners authorized the Oakland County Zoological Authority to place on the August, 5, 2008 Primary Election ballot the proposition of establishing a 0.1 millage rate (10 cents per $1,000 taxable value) on real and personal property for ten (10) years, being years 2008 through 2017, to support zoological services to benefit the residents of Oakland County; and WHEREAS the Oakland County Zoological Authority entered into an agreement with the Detroit Zoological Society to provide zoological services on July 28, 2008, with a term of November 30, 2008 through November 30, 2018; and WHEREAS the millage question was approved by the voters of Oakland County at the August 5, 2008 Primary Election, receiving 81.58% of the votes cast; and WHEREAS the Articles of Incorporation of the Oakland County Zoological Authority require that the Authority shall secure the approval of the Oakland County Board of Commissioners, "separately for each proposed ballot proposal, both as to the amount and duration of any levy." WHEREAS the Oakland County Zoological Authority has formally requested authorization from the Board of Commissioners to place on the August 2, 2016 Primary Election ballot the proposition of renewing the current authorized millage levy for a period of 10 years following the expiration of the current millage term in 2018. NOW THEREFORE BE IT RESOLVED that, pursuant to the Articles of Incorporation of the Oakland County Zoological Authority, the Oakland County Board of Commissioners hereby authorizes the Oakland County Zoological Authority to utilize the property tax provisions of the Public Act 49 of 2008 to place before the electors of Oakland County at the Primary Election on August 2, 2016, the proposition of establishing a 0.1 millage rate (10 cents per $1,000 taxable value) on real and personal property for ten (10) years, being years 2018 through 2027, to support zoological services for the benefit of the residents of Oakland County, Chairperson, I move the adoption of the foregoing Resolution. GENERAL GOVERNMENT COMMITTEE In GENERAL GOVERNMENT COMMITTEE Motion carried on a roll call vote with Gosselin voting no. OAKLAND COUNTY ZOOLOGICAL AUTHORITY RENEWAL MILLAGE The Oakland County Zoological Authority was established pursuant to Public Act 49 of 2008 and formed to allow for continuing zoological services for the students, residents and visitors of Oakland County. The law allows the Authority to seek authorization from the electors to levy a tax on real and personal property to provide revenue to an accredited zoological institution for this purpose. Accordingly, as a renewal of the previously approved millage authorization which expires with the 2017 tax levy, to continue providing zoological services to benefit the residents of the County, shall the 0.1 mill (10 cents per $1,000 of taxable value) on all of the taxable property located within the County continue to be imposed for a period of ten (10) years, being years 2018 through 2027? It is estimated that if approved and levied, this millage would generate approximately $5,609,562 in 2018. Shall this proposal be adopted? YES NO Oakland County Equalization Zoo Tax Estimate Taxable Value 2018 Estimate * 2016 TV 2017 TV (Est 4%) 2018 TV (Est 4%) 52,706,863,613 54,815,138,158 57,007,743,684 Zoo Millage 2018 Estimate** 2017 Permently 2018 Permently Original millage 2017 MRF Reduced Millage 2018 MRF Reduced Millage 0.1000 0.9929 0.0992 0.9929 0.0984 2018 Zoo Tax Estimate 2018 TV (Est 4%) 2018 Headlee Reduced Zoo rate Estimate Zoo Tax 57,007,743,684 X 0.0984 = 5,609,562 *Assumes 4% increases ** Assumes Headlee Rollback ( uses 2016 rollback as estimate) AGREEMENT FOR REIMBURSEMENT OF ELECTION COSTS BETWEEN OAKLAND COUNTY AND OAKLAND COUNTY ZOOLOGICAL AUTHORITY This Reimbursement of Election Costs Agreement (the "Agreement") is made between Oakland County, a Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County"), and the Oakland County Zoological Authority, a public corporate body, ("Authority"). In this Agreement the County shall be represented by the Oakland County Clerk, in her official capacity as a Michigan Constitutional Officer. The County and the Authority may also be referred to jointly as "Parties". PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501, et seq., and the Zoological Authorities Act, 2008 PA 49, MCL 123.1161, et seq., the County and the Authority enter into this Agreement for the purpose of reimbursing the County for the actual costs it incurs relative to an election approving an Authority sponsored tax proposal. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: 1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether used in the singular or plural, within or without quotation marks, or possessive or nonpossessive, shall be defined, read, and interpreted as follows. 1.1. Agreement means the terms and conditions of this Agreement and any other mutually agreed to written and executed modification, amendment, or addendum. 1.2. Authority means the Oakland County Zoological Authority, a Zoological Authority under Public Act 49 of 2008 and an Authority under Section 6 of Article IX of the state constitution of 1963, including, but not limited to, its Council, Board, any and all of its departments, its divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, subcontractors, attorneys, volunteers, and/or any such persons' successors. 1.3. County means Oakland County, a Municipal and Constitutional Corporation including, but not limited to, all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such persons' successors. 1.4. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.5. Municipalities mean the fifty-two cities or townships in Oakland County that conduct local elections. Page 1 ELECTION REMIBURSEMENT- INTERLOCAL AGREEMENT 2. COUNTY RESPONSIBILITIES. 2.1. The County shall place on all County-wide ballots a tax proposal presented to the County Clerk, by the Authority at least eighty-four (84)-days prior to an election and meeting all other requirements of Michigan Election law. 2.2. The County shall provide the Authority with an itemized list of the actual costs the County incurs in an election where a majority of the electors in the county approve an Authority tax proposal. The itemized list of costs shall be provided to the Authority no later than ninety (90) days after the date of the election. 2.3. On behalf of County Municipalities, County shall provide the Authority with an itemized list of the actual costs the Municipalities incur that are exclusively attributable to the election if a majority of the electors in the county approve an Authority tax proposal. In the event that the Authority tax proposal is not held in conjunction with a regularly scheduled election in a municipality within Oakland County, and the voters approve the Authority tax proposal, County shall also provide the Authority with an itemized list of the actual costs the Municipalities incur in conducting the election. 3. AUTHORITY RESPONSIBILITIES. 3.1. Pursuant to MCL 168.646a, no later than eighty-four (84) days prior to each election in which the Authority wishes to have a tax proposal appear on the ballot, the Authority shall provide the County with a resolution of the Authority Board containing the language to be placed on the ballot. 4. DURATION OF INTERLOCAL AGREEMENT. 4.1 The Agreement and any amendments hereto shall be effective when executed by both Parties with concurrent resolutions passed by the governing bodies of each Party. The approval and terms of this Agreement and any amendments hereto shall be entered in the official minutes of the governing bodies of each Party. An executed copy of this Agreement and any amendments shall be filed by the County Clerk with the Secretary of State. 4.2 Unless extended by mutual, written agreement by both Parties, this Agreement shall remain in effect for one (1) year from the date the Agreement is completely executed by all Parties or until the Authority reimburses the County as provided herein, whichever event occurs first. 5. PAYMENTS. 5.1. The County shall prepare and forward to the Authority an itemized invoice for the actual costs the County incurs pursuant to this Agreement. The Authority agrees to pay the full amount of the actual costs shown on any such invoice within thirty (30) calendar days after the date shown on any such invoice. 5.2. The Authority shall reimburse the Municipalities directly for the costs properly provided to it by County herein on behalf of the Municipalities in accordance with MCL 123.1181. Page 2 BALLOT LAYOUT AND PROGRAMMING SERVICES - INTERLOCAL AGREEMENT 6. ASSURANCES. 6.1. Each Party shall be responsible for its own acts and the acts of its employees, and agents, the costs associated with those acts, and the defense of those acts. 6.2. This Agreement does not create any direct or indirect obligation or right to be indemnified (i.e., contractually, legally, equitably or by implication) nor any right to be subrogated to any rights in this Agreement. 6.3. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. 6.4. Each Party shall comply with all federal, state, and local ordinances, regulations, administrative rules, and requirements applicable to its activities performed under this Agreement. 7. LIMITATION OF LIABLITY. In no event shall either Party be liable to the other Party or any other person, for any consequential, incidental, direct, indirect, special, and punitive or other damages arising out of this Agreement. 8. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. 9. DELEGATION OR ASSIGNMENT. Neither Party shall delegate or assign any obligations or rights under the Agreement without the prior written consent of the other Party. 10. FORCE MAJEURE, Notwithstanding any other term or provision of this Contract, neither Party shall be liable to the other for any failure of perfoimance hereunder if such failure is due to any cause beyond the reasonable control of that Party and that Party cannot reasonably accommodate or mitigate the effects of any such cause. Such cause shall include, without limitation, acts of God, fire, explosion, vandalism, any law, order, regulation, direction, action, or request of the United States government or of any other government, national emergencies, insurrections, riots, wars, strikes, lockouts, work stoppages, or other labor difficulties. Reasonable notice shall be given to the affected Party of any such event. 11. NOTICES. Notices given under this Agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid, and addressed to the person listed below. Notice will be deemed given on the date when one of the following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent express delivery service or personal delivery; or (3) three days after mailing first class or certified U.S. mail. 11.1. If Notice is sent to the County, it shall be addressed and sent to: Oakland County Clerk, 1200 North Telegraph Road, Pontiac, Michigan, 48341 and Chairperson of the Oakland County Board of Commissioners, 1200 North Telegraph, Pontiac, Michigan 48341. 11.2. If Notice is sent to the Authority, it shall be addressed to: Chairperson, Oakland County Zoological Authority, C/O Director, Oakland County Board of Commissioners, 1200 North Telegraph, Pontiac, Michigan 48341. Page 3 BALLOT LAYOUT AND PROGRAMMING SERVICES - INTERLOCAL AGREEMENT 11.3. Either Party may change the address and/or individual to which Notice is sent by notifying the other Party in writing of the change, 12, GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above, 13, ENTIRE AGREEMENT. This Agreement represents the entire agreement and understanding between the Parties, This Agreement supersedes all other oral or written agreements between the Parties. The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. IN WITNESS WHEREOF, Jeff Hauswirth, Chairperson, Oakland County Zoological Authority, hereby acknowledges that he has been authorized by a resolution of the Oakland County Zoological Authority, a certified copy of which is attached, to execute this Agreement on behalf of the Authority and hereby accepts and binds the Authority to the terms and conditions of this Agreement, EXECUTED: DATE: Jeff Hauswirth, Chairperson, Oakland County Zoological Authority WITNESSED: DATE: IN WITNESS WHEREOF Michael J. Gingell, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Agreement. EXECUTED: DATE: Michael J. Gingell, Chairperson Oakland County Board of Commissioners WITNESSED: DATE: Page 4 BALLOT LAYOUT AND PROGRAMMING SERVICES - INTERLOCAL AGREEMENT • IN WITNESS WHEREOF, Lisa Brown, in her official capacity as the Oakland County Clerk, a Michigan Constitutional Office, hereby concurs and accepts the terms and conditions of this Agreement. EXECUTED: DATE: Lisa Brown, Clerk/Register of Deeds County of Oakland WITNESSED: DATE: 2016-0348ElectionReimbursemcniZoo,doc Page 5 BALLOT LAYOUT AND PROGRAMMING SERVICES - INTERLOCAL AGREEMENT FIRST AMENDMENT TO ZOOLOGICAL SERVICES AGREEMENT BETWEEN THE OAKLAND COUNTY ZOOLOGICAL AUTHORITY AND THE DETROIT ZOOLOGICAL SOCIETY This First Amendment to Zoological Services Agreement (this "Amendment") is entered into on , 2016, by and between OAKLAND COUNTY ZOOLOGICAL AUTHORITY, a Michigan public body corporate (the "Authority"), organized pursuant to Articles of Incorporation filed by the County of Oakland, a Michigan municipal corporation ("Oakland County"), and THE DETROIT ZOOLOGICAL SOCIETY, a Michigan nonprofit corporation (the "Society"). RECITALS: A. The Authority and the Society entered into that certain Zoological Services Agreement, dated as of July 28, 2008 (as amended, the "ZSA"). B. The Authority and the Society desire to modify the ZSA in accordance with the terms and conditions of this Amendment. NOW, THEREFORE, the parties agree as follows: 1. All capitalized terms used but not otherwise defmed herein shall have the meaning ascribed to such terms in the ZSA. 2. The first sentence of Section 3.1 of the ZSA shall be deleted in its entirety and replaced with the following: "The Authority will levy the proposed .10 mill in each successive year for twenty years, starting with 2008." 3. Section 4.3 of the ZSA shall be deleted in its entirety and replaced with the following: "4.3 Term. The initial term of this Agreement shall commence on the effective date, which shall be November 30, 2008 and shall run through November 30, 2028." 4. Except as otherwise modified herein, the ZSA shall remain in full force and effect consistent with its terms. 5. This Amendment may be executed by the parties in counterparts, each of which shall constitute an original and both of which together shall constitute one and the same 3201040,1 agreement. Electronic copies of signatures to this Amendment shall be deemed to be originals and may be relied upon to the same extent as the originals. 6. The Authority and the Society agree that the respective rights, duties and obligations of each party under this Amendment shall be subject to the passage of a ten-year renewal millage by the voters of Oakland County, which such proposed renewal millage is anticipated to be presented to voters in 2016. If the renewal millage does not pass in 2016, this Amendment shall terminate as if it never became effective and thereby be of no force or effect, and the ZSA shall remain in full force and effect consistent with its terms without regard to this Amendment. [Remainder of page intentionally left blank] -2- 3201040.1 IN WITNESS WHEREOF, the Authority and the Society, by and through their duly authorized officers and representatives, have executed this First Amendment to Zoological Services Agreement as of the dates of their respective signatures: WITNESSES: THE DETROIT ZOOLOGICAL SOCIETY 1. By: 2, Its: WITNESSES: I. 2. OAKLAND COUNTY ZOOLOGICAL AUTHORITY By: Its: COUNTY MICHIGAN OAKLAND COUNTY EXECUTIVE L. BROOKS PATTERSON CORPORATION COUNSEL Joelien Shorkley, Deputy Corporation Counsel (248) 858-2155 I shortlenoakgov.corn April 13, 2016 Mr. Michael J. Gingell, Chairperson Oakland County Board of Commissioners 1200 North Telegraph Road Pontiac, Michigan 48341-0470 Re: Zoological Authority Tax Renewal Corporation Counsel File 2016-0348 Dear Chairperson Gingen: You have asked for an explanation of the steps required for the Oakland County Zoological Authority ("Authority"1) to place a tax renewal proposal on the August 2, 2016 ballot, The Authority may levy a tax of not more than ,2 mills for a period of not more than 20 years on all taxable property within the County to provide revenue to an accredited zoological institution. MCL 123,1173 The first step in the process of placing a proposal on the ballot is for the Authority to seek permission for the tax from the Board of Commissioners, The Authority's Articles of Incorporation require the Authority to first obtain "the approval of the Oakland County Board of Commissioners, separately for each proposed ballot proposal, both as to the amount and duration of any levy." Art. V §6, Oakland County Zoological Authority Articles of Incorporation 2008. If the Board of Commissioners consents to the levy, a majority of the Authority Board must adopt a resolution asking the County Clerk for inclusion on the ballot. MCL 123.1174(2), The Authority must present ballot language to the Oakland County Clerk, no later than 4 p.m, on May 10, 2016. MCL 168,646a2. Prior to the election, the Authority must enter into an agreement with the County, requiring the Authority to reimburse the County and the local government units within Oakland County, for all costs incurred in connection with the election. MCL 123.1181(1) Following the established practice for other Interlace! Agreements, once the 1 Public Act 49 of 2008 authorized the establishment of Zoological Authorities. 2 Although Public Act 49 requires the ballot language to be presented to the County Clerk 64 days prior to an election, state election law requires an earlier date, which is controlling. 1200 North Telegraph Road I Building 14E I Pontiac, MI 48341 I Fax (248) 858-1003 I OakGov.coni Mr. Michael J. Gingell, Chairperson Oakland County Board of Commissioners April 13, 2016 Page 2 of 2 Authority approves the reimbursement agreement, it will be submitted to the Board of Commissioners for its approval. Finally, the Authority is required by Article V, Section 4 of their Articles of Incorporation, to enter into a contract for zoological services with an accredited zoological institution, The Authority currently has an Agreement with the Detroit Zoological Society which lasts until November 30, 2018. This Agreement needs to be amended to extend the term of the agreement until November 30, 2028, and to authorize a renewal levy to begin 2018. These are the steps that need to occur before the August 2, 2016 election. Please let me know if you have any further questions concerning this process. Very truly yours, OAKLAND COUNTY CORPORATION COUNSEL Joellen Shortley Deputy Director Attachments: 1. Suggested Ballot Proposal 2. Calculation for amount of the levy for 201B 3. Agreement for Reimbursement of Election Costs 4. Proposed Amendment to Zoological Services Agreement prepared by the Zoological Society 1200 North Telegraph Road I Building 14E I Pontiac, MI 48341 I Fax (248) 858-1003 1 OakGov.com Resolution #16118 May 5,2016 Moved by Long supported by Zack the resolution be adopted. AYES: Fleming, Gershenson, Gingell, Hoffman, Jackson, KowaII, Long, McGillivray, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Crawford, Dwyer. (16) NAYS: Gosselin, Middleton, Scott, (3) A sufficient majority having voted in favor, the resolution was adopted. I HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, 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 May 5, 2016, 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 5th day of May, 2016. Lisa Brown, Oakland County