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HomeMy WebLinkAboutResolutions - 1995.06.08 - 24480, ;June 8, 1995 MISCELLANEOUS RESOLUTION: 95-171 By General Government Committee IN RE: ACT 196 PUBLIC TRANSPORTATION AUTHORITY - ARTICLES OF INCORPORATION - AMENDMENTS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentleman: WHEREAS, the County of Oakland, in M.R. 95-083, adopted Articles of Incorporation forming the Oakland County Public Transportation Authority, (the "OCPTA"), as authorized by 1 986 Public Act 196, as amended; and WHEREAS, the County of Oakland (the "County") desires to insure that the OCPTA is, in law and fact, an agency and instrumentality of the State as contemplated by 1986 Public Act 196, as amended; and WHEREAS, to insure this result the Articles of Incorporation adopted in M.R. 95-083 require amendment; NOW, THEREFORE, BE IT RESOLVED: 1. The Oakland County Board of Commissioners hereby approve the amendments to the Articles of Incorporation of the Oakland County Public Transportation Authority attached hereto as Exhibit A. 2. The Chairperson of the Oakland County Board of Commissioners is authorized and directed to execute the amended Articles of Incorporation on behalf of the County and to take all actions required or permitted by the County Board of Commissioners by the Articles of Incorporation. 3. The County Clerk is directed to endorse the amended Articles of Incorporation in substantially the form required by 1 986 Public Act 196, as amended, ( the" Act"), to cause a copy of the amended Articles of incorporation to be published and filed in the manner required by the Act and by the Articles of Incorporation, and to take all other actions necessary or required by law and the Articles of Incorporation to effectuate the amendment of the Articles of Incorporation. Mr. Chairperson, we move the adoption of the foregoing resolution, - .• EXHIBIT A PAGE 1 ARTICLES OF INCORPORATION OF THE OAKLAND COUNTY PUBLIC TRANSPORTATION AUTHORITY The Articles of Incorporation executed and adopted by the Oakland County Board of Commissioners pursuant to and in accordance with the provisions of Act 196, Public Acts of Michigan, 1986! as amended (the "Act"), in M.R. 95-083 are amended as follows: ARTICLE VI POWERS, DUTIES AND LIMITATIONS SECTION 5. The Authority shall not contract with SMART and/or any other transportation authority or political subdivision, agency or instrumentality of the State, or any private entity, for all or part of the public transportation services it is entitled or required to provide under the Act and these Articles without having first received from SMART and/or such other authority a certified financial audit and a certified performance audit, within a year of any contracting, of SMART and/or such other authority with parameters of certified performance audit to be set by the Oakland County Board of Commissioners or any subsequently to be formed Public Transit Alternatives Task Force, said audits to be paid for by SMART and/or such other transportation authority. Thc Authority shall Rot seR4Feet with SMART and/or any other SECTION 10. Any money raised in Oakland County will be used in to benefit Oakland County. efily. MAY 24, 1995 • S EXHIBIT A PAGE 2 IN WITNESS WHEREOF, the Chairperson of the Oakland County Board of Commissioners has executed these Amendments to the OCPTA Articles of Incorporation on the day of , 1995. a THE COUNTY OF OAKLAND By: Larry P. Crake Chairperson Oakland County Board of Commissioners ENDORSEMENT The foregoing Amendments to the OCPTA Articles of Incorporation were adopted by an affirmative vote of a majority of the members serving on the governing or legislative body of Oakland County, Michigan at a meeting duly held on the day of , A.D., 1995. Dated: , 1995 Lynn D. Allen Oakland County Clerk 2 MAY 24, 1995 In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 8th daylune n D. Allen, County Clerk OREGOINr RESOLUTION (..;ourity EYecutrve Date ". • Resolution #95I71 June 8, 1995 Moved by Schmid supported by Palmer the resolution be adopted. Moved by Moffitt supported by Obrecht to postpone this matter until the next Board meeting in two weeks. Discussion followed. Moffitt withdrew his motion to postpone; Obrecht withdrew his support. Moved by Moffitt supported by Obrecht to approve the resolution, excluding the deletion of the second paragraph in the Articles of Incorporation, Article VI, Powers, Duties and Limitations, Section 5. Discussion followed. The Chairperson stated a "YES" vote would leave the paragraph in ; a "NO" vote would uehold the deletion. AYES: Huntoon, Johnson, Moffitt, Obrecht, Powers, Schmid, Wolf, Amos, Devine, Dingeldey, Garfield. (11) NAYS: Jacobs, Jensen, Kaczmar, Kingzett, Law, McCulloch, McPherson, Palmer, Pernick, Quarles, Taub, Crake, Douglas, Holbert. (14) A sufficient majority not having voted therefor, the motion failed and the resolution remains unchanged. Moved by McCulloch supported by Palmer to amend the resolution in the Articles of Incorporation, Article VI, Powers, Duties and Limitations, Section 5, by deleting the first paragraph. Discussion followed. The Chairperson stated a "YES" vote would delete the paragraph; a "NO" vote would leave the paragraph in. AYES: Jacobs, Jensen, Kaczmar, McCulloch, McPherson, Palmer, Pernick, Quarles, Holbert. (9) NAYS: Johnson, Kingzett, Law, Moffitt, Obrecht, Powers, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Huntoon. (16) A sufficient majority not having voted therefor, the amendment failed. Vote on resolution: AYES: Jensen, Johnson, Kaczmar, Kingeett, Law, McCulloch, McPherson, Obrecht, Palmer, Pernick, Quarles, Schmid, Taub, Wolf, Amos, crake, Dingeldey, Douglas, Holbert, Huntoon, Jacobs. (21) NAYS: Moffitt, Powers, Devine, Garfield. (4) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, 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 June 8, 1995 with the original record thereof now remaining in my office.