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HomeMy WebLinkAboutResolutions - 2018.05.02 - 23450MISCELLANEOUS RESOLUTION #18144 May 2, 2018 BY: Commissioner Christine Long, Chairperson, General Government Committee IN RE: BOARD OF COMMISSIONERS - AUTHORIZING OAKLAND COUNTY PUBLIC TRANSPORTATION AUTHORITY MILLAGE QUESTION TO BE PLACED ON 2018 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 24 Oakland County Communities including 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, 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 1.0 mills approved by transit authority area voters in 2014 expires with the 2017 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 2018 through 2021 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 OC PTA 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. 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 0.9863 mil rate for the years 2018 through 2021 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, 2018 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. BE IT FURTHER RESOLVED that the Chairman of the Board of Commissioners is authorized to execute the attached Election Financing Agreement with the Suburban Mobility Authority for Regional Transportation. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. Commissioner Christine Long, Irriat4f" Chairperson, General Governm -ii 4C4innunnlittee GENERAL GOVERNMENT COMMITTEE VOTE: Motion carried on a roll call vote with Quarles voting no and Gershenson and Kochenderfer absent. OAKLAND COUNTY PUBLIC TRANSPORTATION AUTHORITY STATE OF MICHIGAN RESOLUTION CALLING 2018 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 Authority desires to continue to raise monies to continue to finance the operation of a public transportation system in order to maintain public transportation services offered within Oakland County, and ensure the continuation of elderly and disabled transit services and line haul services in the County; and WHEREAS, the Authority believes that quality public transportation is a requirement to sustain and improve the quality of life for the residents and visitors of Oakland County, and to increase economic viability for Oakland County; 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; and 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 renew and 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, 2018 on the proposition of seeking a renewal and increase in the amount of taxes which may be imposed on taxable property within the limits of the Authority of 1.0 mills for the years 2018 to 2021, inclusive, to continue support for a public transportation system serving the elderly, disabled, and the general public of the County of Oakland. 4852-3604-4637v12 2018 Millage Oakland County Ballot Timeline Due Date Action Necessary April 19, 2018 - 9:30 a.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 April 19-May 1 1 After Oakland Commission approves the resolution and ballot language, OCPTA should adopt the resolution and approve ballot language. May 1, 2018 Petitions to place county and local questions on the August primary ballot filed with county and local clerks. (168.646a) May 16, 2018 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 7, 2018 Primary Election IThe OCPTA must meet sometime after the Oakland Board of Commissioners Meeting (April 19) but before the petition filing deadline, May 1. AGREEMENT FOR REIMBURSEMENT OF ELECTION COSTS BETWEEN OAKLAND COUNTY AND SUBURBAN MOBILITY AUTHORITY FOR REGIONAL TRANSPORTATION 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 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 Buhl Building, 535 Griswold Street, Suite 600, Detroit, Michigan 48226 ("SMART"). 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 SMART may also be referred to jointly as "Parties". PURPOSE OF AGREEMENT. the County and SMART enter into this Agreement for the purpose of reimbursing the County and Municipalities for the incremental costs of a millage election to be held on August 7, 2018, called upon by the Oakland County Public Transportation Authority ("Authority") for the purpose of authorizing a levy of ad valorem property taxes to support SMART's public transportation system within the County. 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, with 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 Public Transportation Authority, a Public Transportation Authority created pursuant to Michigan Public Act 196 of 1986, as amended, 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. Incremental cost(s) means the per line cost charged by a newspaper to the Municipalities for including the ballot language in the Municipalities' legal notice concerning the election and any additional cost incurred by the County for canvassing related to the ballot language for the millage. 1.4. SMART means the Suburban Mobility Authority for Regional Transportation, a Metropolitan Transportation Authority created pursuant to Michigan Public Act 204 of 1967, as amended, including, but not limited to, its Council, Board, any and all of its departments, its divisions, elected and appointed officials, directors, board members, Page 1 ELECTION REIMBURSEMENT- INTERLOCAL AGREEMENT council members, commissioners, authorities, committees, employees, agents, subcontractors, attorneys, volunteers, and/or any such persons' successors. 1.5. 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. 1.6. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.7. Municipalities means the twenty-four cities, villages or townships in Oakland County that have chosen to retain their membership in the Authority and have voted to adopt a millage in support of public transportation services for their communities. 2. COUNTY RESPONSIBILITIES. 2.1. The County shall place on the Municipalities' ballots a tax proposal presented to the County Clerk, by the Authority at least eighty-four (84) days prior to the election and meeting all other requirements of Michigan Election Law. 2.2. The County shall provide SMART with an itemized list of the incremental costs the County incurs in the millage election. The itemized list of costs shall be provided to SMART no later than sixty (60) days after the date of the election. 2.3. On behalf of Municipalities, the County shall provide SMART with an itemized list of the incremental costs the Municipalities incur in the millage election. Municipalities 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. 3. DURATION OF INTERLOCAL AGREEMENT. 3.1 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. 3.2 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 SMART reimburses the County as provided herein, whichever event occurs first. 4. PAYMENTS. 4.1. The County Clerk shall prepare and forward to SMART the itemized invoices for the County and the Municipalities for the incremental costs incurred pursuant to this Agreement within sixty (60) days after the date of the election. 4.2. SMART agrees to reimburse the incremental costs shown on any such invoices. Reimbursement for the County shall be made by SMART to the County Clerk. Reimbursement for the Municipalities shall be made by SMART to the Municipalities. Page 2 ELECTION REIMBURSEMENT- INTERLOCAL AGREEMENT 5. ASSURANCES. 5.1. 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. 5.2. 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. 5.3. 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. 5.4. Each Party shall comply with all federal, state, and local ordinances, regulations, administrative rules, and requirements applicable to its activities performed under this Agreement. 6. LIMITATION OF LIABILITY. 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. 7. 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. 8. 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. 9. FORCE MAJEURE. Notwithstanding any other term or provision of this Contract, neither Party shall be liable to the other for any failure of performance 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. 10. 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. 10.1. 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. Page 3 ELECTION REIMBURSEMENT- INTERLOCAL AGREEMENT 10.2. If Notice is sent to SMART, it shall be addressed to: General Manager, Suburban Mobility Authority for Regional Transportation, Buhl Building, 535 Griswold Street, Suite 600, Detroit, Michigan 48226, with a copy to General Counsel at the same address. 10.3. Either Party may change the address and/or individual to which Notice is sent by notifying the other Party in writing of the change. 11. 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. 12. 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, John C. Hertel, General Manager, Suburban Mobility Authority for Regional Transportation, hereby acknowledges that he has been authorized by a resolution of the Suburban Mobility Authority for Regional Transportation, 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: John C. Hertel, General Manager, Suburban Mobility Authority for Regional Transportation 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 ELECTION REIMBURSEMENT- INTERLOCAL AGREEMENT IN WITNESS WHEREOF, Lisa Brown, in her official capacity as the Oakland County Cleric a Michigan Constitutional Office, hereby concurs and accepts the terms and conditions of this Agreement EXECUTED: Lisa Brown, Clerk/Register of Deeds County of Oakland WITNESSED: DATE: DATE: Page 5 ELECTION REIMBURSEMENT- INTERLOCAL AGREEMENT Resolution #18144 May 2,2018 Moved by Long supported b y Woodward the resolution be adopted. Discussion followed. Moved by Gingell supported by Woodward the resolution be amended as follows: 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 Count y Public Transportation Authority Service Area the proposition of establishing a 0,9863 1 mil rate for the years 2018 through 2021 to support public transportation in the Oakland County Public Transportation Authority Service area. Vote on amendment: AYES: McGillivray, Middleton, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Berman, Bowman, Crawford, Dwyer, Gershenson, Gingell, Hoffman, Jackson. (16) NAYS: Kowa, Long, Tietz, Fleming. (4) A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: McGillivray, Middleton, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Berman, Bowman, Crawford, Dwyer, Gershenson, Gingell, Hoffman, Jackson. (16) NAYS: Long, Tietz, Fleming, KowaII. (4) A sufficient majority having voted in favor, the resolution, as amended, was adopted. ee Holm/ APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MU 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the fore going resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on May 2, 2018, 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 2nd day of May, 2018. - Lisa Brown, Oakland County