HomeMy WebLinkAboutResolutions - 1995.03.29 - 24532REPORT (Misc. #95083)
BY: FINANCE AND PERSONNEL COMMITTEE, JOHN P. MCCULLOCH, CHAIRPERSON
IN RE: M. R. #95083, ACT 196 TRANSPORTATION AUTHORITY
ARTICLES OF INCORPORATION
The Finance and Personnel Committee, having reviewed the above-referenced
resolution on March 29, 1995, reports with the recommendation that the resolution
be adopted with the following amendments:
Page 1 of the Resolution should be amended(to add a fourth WHEREAS clause
as follows:
"WHEREAS, the Articles of Incorporation provides that the authority shall
not utilize the provisions of Section 18 of the Act, MCL 124.468 (Property
Taxation), without first obtaining the approval of the Oakland County Board of
Commissioners."
Page 2 of the Resolution should be amended to add sections 4, 5, 6, aeri 7
to the NOW THEREFORE BE IT RESOLVED provisions (as attached).
Page 4 of the Articles, at Article VII, Section 1: General Government
recommended that Section la be struck, but failed to re-number the paragraphs.
Accordingly, the current lb becomes la, and the current lc become lb, and the
current id becomes lc.
Page 4 of the Articles, at Article VII, Section 1: the new lb must be
amended on line one, following the word "Commissioners" by striking the words
"...and the County Executive..". Section la., line 4, delete the words
recommended by the General Government Committee, "At least one appointee shall
be a member of the minority party," and replace with --At least one appointee
shall be a member of a political party not in the majority.--
Page 4 of the Articles, at Article VII, Section 2, 4 muF7 ,:
following the word "by", by striking the words "...County Executive or..."
Page 5 of the Articles, at Article VIII, Section 1, line 5, must be amended
by inserting the word "and" following the word "Chairperson" and by deleting the
words "...and Treasurer" following the word "Secretary."
Chairperson, on behalf of the Finance and Personnel Committee, I move the
acceptance of the foregoing Report.
111/1
FINANCE AND R NNEL COMMITTEE_
.— 7
1..../
4. THE OAKLAND COUNTY BOARD OF COMMISSIONERS HEREBY
AUTHORIZES THE UTILIZATION OF SECTION 18 OF THE ACT, MCL 124.468
(PROPERTY TAXATION), BY THE OAKLAND COUNTY PUBLIC TRANSPORTATION
AUTHORITY FOR THE PURPOSE OF CALLING A SPECIAL ELECTION FOR juNE 6,
1995 TO PLACE BEFORE THE VOTERS OF THE AUTHORITY THE PROPOSITION OF
INCREASING THE LIMITATION ON THE AMOUNT OF TAXES WHICH MAY BE
IMPOSED ON TAXABLE PROPERTY IN THE OAKLAND COUNTY PUBLIC
TRANSPORTATION AUTHORITY AREA BY 0.33 MILL FOR THE YEARS 1995, 1996
AND 1997, INCLUSIVE, TO SUPPORT PUBLIC TRANSPORTATION WITHIN THE
AUTHORITY AREA.
5. THE PROPOSITION TO BE SUBMITTED AT THE SPECIAL ELECTION
SHALL BE STATED ON A SEPARATE BALLOT, OR AS A SEPARATE PROPOSITION
ON VOTING MACHINE, IN SUBSTANTIALLY THE FOLLOWING FORM:
OAKLAND COUNTY PUBLIC TRANSPORTATION MILLAGE PROPOSAL
SHALL THE LIMITATION ON THE AMOUNT OF TAXES IMPOSED ON TAXABLE
PROPERTY IN THE OAKLAND COUNTY PUBLIC TRANSPORTATION AUTHORITY
AREA BE INCREASED BY 33 CENTS ($0.33) PER THOUSAND DOLLARS ($1,000)
(0.33 MILL) OF THE TAXABLE VALUE ON ALL TAXABLE PROPERTY IN THE
AUTHORITY AREA FOR THREE (3) YEARS, 1995, 1996 AND 1997„ INCLUSIVE, FOR
THE PURPOSE OF PROVIDING FUNDS FOR THE SUPPORT OF A PUBLIC
TRANSPORTATION SYSTEM SERVING THE a •
GENERAL PUBLIC v/ITHIN THE AUTHORITY AREA? IT IS ESTIMATED THAT 0.33
MILL IN 1995 LEVIED THROUGHOUT THE COUNTY WOULD RAISE APPROXIMATELY
$10.2 MILLION IN THE FIRST CALENDAR YEAR OF THE LEVY.
6_ THE PROPOSITION FORM SHALL BE AMENDED AS NECESSARY TO
REFLECT THE WITHDRAWAL OF POLITICAL SUBDIVISIONS FROM THE AUTHORITY
IF THE SAME OCCURS.
7. THE COUNTY CLERK IS DIRECTED TO DO ALL THINGS AND PROVIDE
ALL SUPPLIES NECESSARY FOR THE SPECIAL ELECTION AS REQUIRED BY LAW TO
BE DONE.
Mr. Chairperson, we move the adoption of the foregoing resolution.
March 30, 1995
REPORT (Misc. #95083)
BY: GENERAL GOVERNMENT COMMITTEE - KAY SCHMID, CHAIRPERSON
IN RE: M.R. #95083, ACT 196 PUBLIC TRANSPORTATION AUTHORITY - ARTICLES OF
INCORPORATION
To the Oakland County noard of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced
resolution on March 27, 1995, reports with the recommendation that the resolution
be adopted with the following amendments to the attached Articles of
Incorporation;
Article VII, page 3, delete Section la,;
Article VII, page 3,
"Three" members to -
delete the period at
the words --at least
the minority party.-
Section lb., first sentence, change
-Five--; same section, last sentence,
the end of the sentence (.) and add
one appointee shall be a member of
Article VII, page 4, Section 4a., second sentence, add
a period (.) following the word "Oakland" and delete the
words "and the written approval of the County Executive."
Article VII, page 4, add new Section 6, as follows:
"Section 6. Non-Voting Member. The Oakland
County Treasurer shall be a non-voting
member of the Board and shall act as the
treasurer of the Authority."
Article VIII, page 5. Section 1, line 3, insert the word
--and-- following the word "Chairperson" and delete the
words "and Treasurer".
Article VIII, page 5, Section 4, line 3, delete the period
(.) at the end of the sentence, and add the words --as
required by law--.
Article IX, page 6, line 5, following the words "as provided
by the Act.", add the following new sentence --At the Clerk's
discretion, the articles may be published in any one of the
following newspapers: The Detroit News, The Detroit Free Press,
The Oakland Press, The Daily Tribune, and The Eccentric
Newspapers.-- and then continue with the remainder of the
paragraph.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing Report.
GENERAL GOVERNMENT COMMITTEE
March 23, 1995
MISCELLANEOUS RESOLUTION: #95083
By: Commissioners Charles E. Palmer and John P. McCulloch
IN RE: ACT 196 PUBLIC TRANSPORTATION AUTHORITY - ARTICLES OF
INCORPORATION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentleman:
WHEREAS, 1986 Public Act 196, (the "Act"), provides that
counties may form a public transportation authority under the Act by adoption of
Articles of Incorporation by an affirmative vote of a majority of the members
elected to and serving on the legislative body of the County ; and
WHEREAS, the County of Oakland, by approval of this resolution
adopting the Articles of Incorporation attached hereto as Exhibit A (the "Articles of
Incorporation"), desires to incorporate an authority (the "Authority") for the
purpose of operating or providing for the operation of a public transportation
system pursuant to the Act and the Articles of Incorporation; and
WHEREAS, the County of Oakland (the "County") desires to allow for
the option of continuing elderly and handicapped transit services and other services
in the County at the level of service provided in the County by the Suburban
Mobility Authority for Regional Transportation ("SMART") during the 1994-95
fiscal year of SMART;
NOW, THEREFORE, BE IT RESOLVED:
1. The Oakland County Board of Commissioners hereby approves the
adoption of 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 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 Articles of
Incorporation in substantially the form required by 1986 Public Act 196 ( the"
Act"), to cause a copy of the 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 incorporation of the Authority.
Chairperson, we move the adoptioill 0 the foregoing resolution.
ARTICLES OF INCORPORATION
OF THE
OAKLAND COUNTY PUBLIC TRANSPORTATION AUTHORITY
These Articles of Incorporation are 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"), for the
purpose of forming a public body corporate as required by the Act.
ARTICLE I
Name
The name of the corporation and authority is the Oakland County Public
Transportation Authority (the "Authority").
ARTICLE II
Jricorpojating. Units,
The incorporating unit of the Authority is the County of Oakland, State of
Michigan, a municipal corporation of the State of Michigan. The County of
Oakland, together with any political subdivision or portion of a city, village or
township which may be added to the Authority after its incorporation, shall be
considered a "Member".
ARTICLE III
Purposes
The purposes for which the Authority is organized are as follows:
a. To operate a public transportation system providing public
transportation services and public transportation facilities, as defined in by the Act
and to the extent authorized by these Articles.
b. To plan, promote, finance, acquire, improve, enlarge, extend, own,
construct, operate, maintain, replace, and contract for public transportation
systems and public transportation facilities.
c. To control, operate, administer, and exercise the franchise of the
public transportation system and public transportation facilities, if any.
d. To conduct any and all such activities and exercise any and all
such powers as are authorized by the Act and Articles of Incorporation, which are
necessary to the achievement of the foregoing and in furtherance of the purposes
of the Authority,
DRAFT 03/22/95 1
ARTICLE IV
Metropolitan Area
The territory encompassed by all Members of the Authority which has not
been withdrawn and released from the Authority shall comprise the Metropolitan
Area of the Authority.
ARTICLE V
RELEAW,.Q.E.EQL.TSURDiVtSIO_N FROM AUTHORITY
A political subdivision within the boundaries of Oakland County may be
released from the Authority and withdraw from the Metropolitan Area of the
Authority by utilizing the procedures set forth in Section 8 of the Act, MCL
124468. The provisions of Section 8 of the Act shall apply to a political
subdivision seeking release and withdrawal to the same extent they would apply
to a political subdivision that is an incorporating member of a public authority.
ARTICLE VI
POWERS— DUTIES AND LIMITATIQNS
Section 1. The Authority, as provided in the Act, shall be a body
corporate with power to sue and be sued in any court of the State of Michigan and
shall be considered to be an agency and instrumentality of the State of Michigan.
Section 2. The Authority shall have all powers necessary to carry out
the purposes of its formation and all things incident to carrying out the purpose of
its formation, including those specific powers specified by the Act, except as
limited herein, and the power to provide, or cause to be provided, public
transportation service and public transportation facilities within or without the
Metropolitan Area.
Section 3. The Authority shall have the power to enter into an
agreement with the Regional Transportation Coordinating Council ("RTCC") created
by Act 204, Public Acts of Michigan, 1967, as amended, or any successor agency
thereto, conferring , to the extent RTCC or any successor agency thereto serves
under law or by agreement with the Authority as the designated recipient to apply
for federal and state transportation operating and capital on the Authority, as a
subrecipient of federal and state transportation funds, the right to receive and
dispense grant funds from RTCC or successor agency assistance grants.
DRAFT 03/22/95 2
Section 4. The Authority shall not utilize the provisions of Section 18
of the Act, MCL 124.468 (Property Taxation), without first obtaining the approval
of the Oakland County Board of Commissioners, by affirmative vote of a majority
of the members elected to and serving on said County Board of Commissioners.
Section 5. The Authority may 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.
Section 6. The Authority shall have the power to jointly exercise with
any other public agency any power, privilege or authority which the Authority
shares in common with such other public agency and may exercise separately. A
joint exercise in power may be made by approval by the Board of a contract or
contracts in the form of an interlocal agreement, which agreement may provide for
the creation of separate legal or administrative entities to administer or execute the
agreement. Members to the governing body of such a legal or administrative entity
may be appointed in common with other public agencies party to the interlocal
agreement.
Section 7. The Authority shall have the power to finance the cost of
any election called by the Board or the governing body of any Member or
constituent unit of the Authority for the purpose of authorizing a tax for the
purpose of financing the public transportation services to be provided by, or caused
to be provided by, the Authority from any funds available to the Authority for
which such use is not prohibited by law.
Section 8. Unless provided otherwise by these Articles, no
enumeration of powers in these Articles shall in any way limit or restrict the
general power of the Authority as provided by law.
ARTICLE VII
Menalle.ra..ancL_Vatinglaighla
Section 1. Voting Members. The Board of the Authority (the "Board")
shall be composed of the following voting members:
a. Two members who shall be appointed by the County Executive and
who shall serve at the sole pleasure of the County Executive.
b. Three members who shall be appointed by the Chairperson of the
Board of Commissioners, subject to the consent of the Board of Commissioners,
who shall serve at the Board of Commissioner's sole pleasure.
DRAFT 03/22/95 3
c. The Chairperson of the Board of Commissioners and the County
Executive shall also appoint persons to serve as an alternate member(s) for each
of the members they have appointed pursuant to Section 1 of this Article. An
alternate member appointed pursuant to this Section may serve as a voting
member of the Board at any time the primary member is absent or when a vacancy
exists in their seat on the Board.
D. Members and Alternate members appointed pursuant to this
Section shall be persons who are residents of the Metropolitan Area.
Section 2 . 1/agencies. Except upon resignation of the member or
alternate member, each member or alternate member of the Board appointed
pursuant to Section 1 of this Article shall serve as a member or alternate member
of the Board until their term is ended by County Executive or Board of
Commissioner action.
Section 3. Adoption of Bylava_and Transaction of Business, Unless a
different voting requirement is otherwise required by the Act, the Board may act to
adopt or amend bylaws and rules of procedure governing its meetings and to
transact any business of the Authority or take any action with an affirmative vote
from a majority of all members of the Board serving as voting members of the
Board pursuant to Section 1 of this Article.
Section 4. Amendments to the Articles ollncorporation. These
Articles of Incorporation may be amended in the following manner:
a. By adoption of a resolution approving the amendment
by the Board of Commissioners of the County of Oakland
and the written approval of the County Executive.
Section 5. Quorum. A majority of the members of the Board serving as
voting members pursuant to Section 1 of this Article VI, or their alternates, shall
constitute a quorum for the transaction of business.
4 DRAFT 03/22/95
ARTICLE VIII
Officers and Chief Operating Officer
Section 1. The Board shall elect, by a vote of the majority of the
Board serving as voting members pursuant to Section 1 of Article VI, one or more
voting members of the Board to serve as Chairperson, Secretary and Treasurer of
the Authority. Except as specifically set forth in these Articles, the qualifications,
powers, duties and terms of office of the Chairperson, Secretary and Treasurer
shall be as set forth in the Bylaws of the Authority. At any time when Bylaws
have not been adopted, officers shall serve a term of one year or until their
successors are elected.
Section 2. The Chairperson of the Board shall preside at all meetings
of the Board. The Chairperson shall, under the direction of the Board, have the
power, on behalf of the Board, to perform all acts, execute and deliver all
documents and take all steps that the Chairperson may deem necessary or
advisable in order to effectuate the actions and policies of the Board.
Section 3. The Secretary shall keep the minutes of all meetings of the
Board and committees thereof in books provided for that purpose. The Secretary
shall do and perform such other duties as may be fixed by or incidental to these
Articles or the Bylaws of the Authority, or as may be from time to time assigned by
the Board.
Section 4. The Treasurer shall perform all acts incidental to the
position of treasurer as fixed by or incidental to these Articles or the Bylaws of the
Authority or as may be from time to time assigned by the Board.
Section 5. The Board may appoint a Chief Operating Officer of the
Authority, who may sign and execute all bonds, contracts, checks and other
obligations in the name of the Authority when so authorized by the Board. The
Chief Operating Officer shall have power over the management of the properties
and business of the Authority and employees thereof, and shall direct the
enforcement of all resolutions, rules and regulations of the Board, The Chief
Operating Officer shall have the authority to appoint such officers, employees and
agents as necessary to carry-out the purposes of the Authority under the general
policy direction of the Board. The Chief Operating Officer shall do and perform
such other duties as may be fixed by or incidental to these Articles or the Bylaws
of the Authority or as may be from time to time assigned by the Board, The chief
Operating Officer shall serve at the pleasure of the Board.
Section 6. The books and records of the Authority shall be open to
inspection and audit by duly authorized representatives of each Member and the
State of Michigan at all reasonable times.
5 DRAFT 03/22/95
By:
ARTICLE IX
Eublication and Printino of Articles of Incorooratjpn
Upon execution by persons listed first above, the County Clerk of the County
of Oakland (the "County Clerk") shall endorse these Articles in substantially the
form required by the Act and cause a copy of these Articles of Incorporation to be
published once in a newspaper of general circulation within the area to be served
by the Authority, as provided by the Act. The County Clerk shall be responsible for
any other publications and filings required by the Act with the Secretary of State,
the County Clerk and the State Department of Transportation.
ARTICLE X
Term and Effectiveness
The Term of existence of the Authority shall be perpetual or until terminated
in accordance with law.
These Articles shall become effective and the Authority shall become
operative upon the publication of these Articles pursuant to Article IX by the
County Clerk.
IN WITNESS WHEREOF, the Chairperson of the Oakland County Board
of Commissioners has executed these Articles of Incorporation on the 30th : day
of March , 1995.
THE COUNTY OF OAKLAND
Larry"; Cral
Chairperson
Oakland County Board of Commissioners
DRAFT 03/22/95 6
Resolution #95083 March 23, 1995
The Chairperson referred the resolution to the General Government and
Finance and Personnel Committees. There were no objections.
Resolution #95083 March 30, 1995
Moved by Schmid supported by Pernick the resolution be adopted.
Moved by Schmid supported by McCulloch the Finance and Personnel Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Schmid supported by McCulloch the resolution be amended to
coincide with the recommendations of the Finance and Personnel Committee.
A sufficient majority having voted therefor, the amendment carried.
Move by Schmid supported by McCulloch the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Schmid supported by McCulloch the resolution be amended to
coincide with the recommendations of the General Government Committee.
Corporation Counsel Gerald Poisson reviewed the amendments covered by the
General Government Committee Report.
A sufficient majority having voted therefor, the amendment carried.
Moved by Obrecht supported by Douglas to amend the Articles of
t‘f the Oakland County Public Transportation Authority by adding the
following to Article VI:
"Section 9. Oakland County Transportation Authority shall not
contribute or transfer its funds to SMART unless municipal credit amounts
to all Oakland County municipalities will remain at not less than 1994
levels as adjusted for inflation, and these monies shall Come from the
SMART State and Federal Funds. Said credits shall continue as long as
State and Federal funds exist to support municipal credits."
Discussion followed.
The Chairperson stated a "YES" vote supports the amendment; a "NO" vote
does not.
Vote on Obrecht's amendment:
AYES: Amos, Devine, Dingeldey, Douglas, Garfield, Huntoon, Johnson, Law,
Moffitt, Obrecht, Powers, Schmid, Taub, Wolf. (14)
NAYS: Crake, Holbert, Jacobs, Jensen, Kaczmar, Kingzett, McCulloch,
McPherson, Palmer, Pernick, Quarles. (11)
A sufficient majority having voted therefor, the amendment carried.
Moved by Garfield supported by Powers to amend the Articles of
Inr=r-ntirtg rlf the Oakland County Public Transportat On Authority by adding the
following to Article VI:
"Section 10. Any money raised in Oakland County will be used in
Oakland County only."
Discussion followed.
AYES: Devine, Dingeldey, Douglas, Garfield, Huntoon, Jacobs, Jensen,
Johnson, Kingzett, Law, Moffitt, Obrecht, Powers, Schmid, Taub, Wolf, Amos. (17)
NAYS: Crake, Holbert, Kaczmar, McCulloch, McPherson, Palmer, Pernick,
Quarles. (8)
A sufficient majority having voted therefor, the amendment carried.
Moved by Moffitt supported by Obrecht to amend the Articles Of
Incorporation of the Oakland County Public Transportation Authority by changing
Article VI, Section 4 to read:
"Section 4. The Authority shall not utilize the provisions of
Section 18 of the Act, MCI 124.468 (Property Taxation), without first
obtaining the approval, separately for each proposed occasion of
utilization, of the Oakland County Board of Commissioners7 by affirmative
vote of a majority of the members elected to and serving on said County
Board of Commissioners."
Discussion followed.
A sufficient majority having voted therefor, the amendment carried.
Moved by Moffitt supported by Obrecht to amend the Articles Of
Incorporation of the Oakland County Public Transportation Authority by adding the
following paragraph to Article VI, Section 5:
"The Authority shall not contract with SMART and/or any other
transportation authority without the prior approval of the Oakland County
Board of Commissioners by affirmative vote of a majority of the members
elected to and serving on said County Board of Commissioners."
Discussion followed.
The Chairperson stated a "YES" vote supports the amendment; a "NO" vote
does not.
AYES: Devine, Dingeldey, Douglas, Garfield, Huntoon, Jensen, Johnson,
Kingzett, Law, Moffitt, Obrecht, Powers, Schmid, Taub, Wolf, Amos. (16)
NAYS: Holbert, Jacobs, Kaozmar, McCulloch, McPherson, Palmer, Pernick,
Quarles, Crake. (9)
A sufficient majority having voted therefor, the amendment carried.
Moved by Moffitt supported by Taub to amend the Articles Of Incorporation
of the Oakland County Public TsanspamiLation Authority by changing the first
paragraph in Article VI, Section 5 to read:
"Section 5. The Authority may shall not contract with SMART and/or
any other tl-Anqp,ort-Ation 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."
Discussion followed.
The Chairperson stated a "YES" vote supports; a "NO vote does not.
AYES: Dingeldey, Douglas, Garfield, Huntoon, Jensen, Johnson, Kingzett.,
Law, Moffitt, Obrecht, Powers, Schmid, Taub, Wolf, Amos, Crake, Devine. (17)
NAYS: Holbert, Jacobs, Kaczmar, McCulloch, McPherson, Palmer, Pernick,
Quarles. (8)
A sufficient majority having voted therefor, the amendment carried.
Moved by Moffitt supported by Welt to amend the Articles Of Tnrorpnratinn
of the Oakland County Public Transportation Authority by changing Article VI,
Section 2 to read:
"Section 2. The Authority shall have all powers necessary to carry
out the purposes of its formation and all thinge prerogatives incident to
carrying out the purpose of its formation, including those specific powers
specified by the Act, except as limited herein, and the power to provide,
or cause to be provided, public transportation service and public
transportation facilities within or without the Metropolitan Area."
and further, to amend Article VII, Section lA to read:
A. Five members who shall be appointed by the Chairperson of the
Board of Commissioners, subject to the consent of the Board of
Commissioners, who shall serve at the Board of Commissioner's sole
pleasure. At least one appointee shall be a member of the minority party
party not in the majority."
A sufficient majority having voted therefor, the amendment carried.
Moved by Powers supported by Obrecht to amend the Articles Of Incorporation
of the Oakland County Public Transportation Authority by adding the following
paragraph to Article VT:
"Section 11. The Chairperson of the Oakland County Board of
Commissioners is authorized and directed to enter into a contract with
SMART that will provide for all public transit election costs incurred by
the municipalities within Oakland County and the County of Oakland will be
reimbursed by SMART and that this contract shall be executed by SMART and
delivered to the Oakland County Board of Commissioners on or before our
next meeting following the adoption of these articles."
Discussion followed.
Commissioner Powers withdrew his amendment.
Moved by Moffitt supported by Obrecht to amend the Articles Of
Incorporation of the Oakland County Public Transportation Authority by changing
Article VII:, Section 1 to read:
Section 1. The Board shall elect, by a vote of the majority of the
Board serving as voting members pursuant to Section 1 of Article V:, efie
or more a voting members member of the Board to serve as Chairperson and
a voting member of the Board to serve as Secretary of the Authority.
Except as specifically set forth in these Articles, the epiAlifirations,
powers, duties and terms of office of the Chairperson and Secretary shall
be as set forth in the Bylaws of the Authority. At any time when Bylaws
have not been adopted, officers shall serve a term of one year or until
their successors are elected."
A sufficient majority having voted therefor, the amendment carried.
Moved by Law supported by Obrecht to amend the Articles Of Incorporation
of the Oakland County Public Transportation Authority by adding the following
paragraph to Article VI:
"Section 11. The public transportation authority created herein
shall cease and desist all operations, it shall dissolve one week
following the certification of the transportation millage election should
that millage question fail in Oakland County."
Discussion followed.
A sufficient majority having voted therefor, the amendment carried.
8
Commissioner Obrecht stated that he did not withdraw his support for
Commissioner Powers amendment; therefore, he requested to have the amendment
back before the Board,
The Chairperson stated that Powers' amendment was before the Board.
Discussion followed.
Commissioner Powers withdrew the amendment; Commissioner Obrecht withdrew
his support.
Discussion followed.
Vote on resolution, as amended;
AYES: Holbert, Jacobs, Jensen, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Palmer, Pernick, Quarles, Wolf, Crake. (13)
NAYS: Douglas, Garfield, Buntoon, Johnson, Moffitt, Obrecht, Powers,
Schmid, Taub, Amos, Devine, Dingeldey. (12)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
I HER EB 4/01,1 Af
7 lit IIII Pril
1. Br . a PatterS0A. County Executive Date
THE FOREGOING RESOLUTION
XAS
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 March 30, 1995 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 30th day gcjorch
Lynn D. Allen, County Clerk
Memorandum
TO: JOHN MCCULLOCH, CHAIRPERSON
FINANCE AND PERSONNEL COMMITTEE
FROM: GERALD D.POISSON,
CORPORATION COUNSEL
DATE: MARCH 28, 1995
SUBJECT: AMENDMENTS TO ACT 196 RESOLUTION
Pursuant to your request I have prepared a proposed amended resolution
indicating the final amendments (as of this minute of course) that are
required for the Act 196 Authority resolution. The following are matters
not addressed in the General Government Report which should be
addressed in your committee.
1. Page 1 of the Resolution should be amended to add a fourth
"WHEREAS" clause rioting that Board approval is required before the
Authority can call a millage election. (See the attached model.)
2. Page 2 of the Resolution should be amended to add sections 4, 5, 6,
and 7 to the 'NOW THEREFORE BE IT RESOLVED" provisions (See the
attached model). These sections give the Authority permission to call a
tax election for May 31, 1995, (Section 4); provide a form question to
be presented to the voters, (Section 5); provides for reform of the
question if communities withdraw, (Section 6) and directs the County
Clerk to do all things required by law to be done in aid of the election.
3. Page 4 of the Articles, at Article VII, Section 1: General Government
recommended that Section la be struck, but failed to re-number the
paragraphs. This must be done. Accordingly, the current lb becomes la,
and the current 1 c becomes 1 b, and the current id becomes 1 c.
4. Page 4 of the Articles, at Article VII, Section 1: the new lb must be
amended on line one, following the word "Commissioners" by striking
the words "...and the County Executive...".
5. Page 4 of the Articles, at Article VII, Section 2, line 4 must be
amended following the word "by", by striking the words "...County
Executive or..."
6. Page 5 of the Articles, at Section 1, line 5, must be amended by
inserting the word "and" following the word "Chairperson" and by
deleting the words "...and Treasurer" following the word "Secretary".
I have attached a completed copy of the resolution and articles. All
GENERAL GOVERNMENT CHANGES ARE UNDERLINED AND INDICATED
IN THIS TYPE, while ALL PROPOSED FINANCE AND PERSONNEL
CHANGES ARE BOLDED IN THIS TYPE.
Obviously, none of this is confusing.
I have also attached a clean copy with all changes to date. I recommend
that you move and adopt that one.
2
1
•
- , :7 , j -e 1,4
MISCELLANEOUS RESOLUTION: 95-083
By Commissioners Charles E. Palmer and John P. McCulloch
IN RE: ACT 196 PUBLIC TRANSPORTATION AUTHORITY - ARTICLES OF
INCORPORATION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentleman:
WHEREAS, 1986 Public Act 196, (the "Act"), provides that counties
may form a public transportation authority under the Act by adoption of Articles of
Incorporation by an affirmative vote of a majority of the members elected to and
serving on the legislative body of the County ; and
WHEREAS, the County of Oakland, by approval of this resolution
adopting the Articles of Incorporation attached hereto as Exhibit A (the "Articles of
Incorporation"), desires to incorporate an authority (the "Authority") for the purpose
of operating or providing for the operation of a public transportation system pursuant
to the Act and the Articles of Incorporation; and
WHEREAS, the County of Oakland (the "County") desires to allow for the
option of continuing elderly and handicapped transit services and other services in the
County at the level of service provided in the County by the Suburban Mobility
Authority for Regional Transportation ("SMART") during the 1994-95 fiscal year of
SMART; and
WHEREAS, THE ARTICLES OF INCORPORATION PROVIDES THAT THE
AUTHORITY SHALL NOT UTILIZE THE PROVISIONS OF SECTION 18 OF THE ACT,
MCL 124.468 (PROPERTY TAXATION), WITHOUT FIRST OBTAINING THE APPROVAL
OF THE OAKLAND COUNTY BOARD OF COMMISSIONERS;
NOW, THEREFORE, BE IT RESOLVED:
1. The Oakland County Board of Commissioners hereby approves the
adoption of 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 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 Articles of Incorporation
in substantially the form required by 1986 Public Act 196 ( the" Act"), to cause a
copy of the 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 incorporation of
the Authority.
4. THE OAKLAND COUNTY BOARD OF COMMISSIONERS HEREBY
AUTHORIZES THE UTILIZATION OF SECTION 18 OF THE ACT, MCL 124.468
(PROPERTY TAXATION), BY THE OAKLAND COUNTY PUBLIC TRANSPORTATION
AUTHORITY FOR THE PURPOSE OF CALLING A SPECIAL ELECTION FOR JUNE 6,
1995 TO PLACE BEFORE THE VOTERS OF THE AUTHORITY THE PROPOSITION OF
INCREASING THE LIMITATION ON THE AMOUNT OF TAXES WHICH MAY BE
IMPOSED ON TAXABLE PROPERTY IN THE OAKLAND COUNTY PUBLIC
TRANSPORTATION AUTHORITY AREA BY 0.33 MILL FOR THE YEARS 1995, 1996
AND 1997, INCLUSIVE, TO SUPPORT PUBLIC TRANSPORTATION WITHIN THE
AUTHORITY AREA_
5. THE PROPOSITION TO BE SUBMITTED AT THE SPECIAL ELECTION
SHALL BE STATED ON A SEPARATE BALLOT, OR AS A SEPARATE PROPOSITION
ON VOTING MACHINE, IN SUBSTANTIALLY THE FOLLOWING FORM:
OA KLANII_COlinaYPUBLIC TRANSEQEMILOLIKLAQEMEQ2,6L
SHALL THE LIMITATION ON THE AMOUNT OF TAXES IMPOSED ON TAXABLE
PROPERTY IN THE OAKLAND COUNTY PUBLIC TRANSPORTATION AUTHORITY
AREA BE INCREASED BY 33 CENTS ($0.33) PER THOUSAND DOLLARS ($1,000)
(0.33 MILL) OF THE TAXABLE VALUE ON ALL TAXABLE PROPERTY IN THE
AUTHORITY AREA FOR THREE (3) YEARS, 1995, 1996 AND 1997, INCLUSIVE, FOR
THE PURPOSE OF PROVIDING FUNDS FOR THE SUPPORT OF A PUBLIC
TRANSPORTATION SYSTEM SERVING THE ELDERLY, HANDICAPPED, AND THE
GENERAL PUBLIC WITHIN THE AUTHORITY AREA? IT IS ESTIMATED THAT 0.33
MILL IN 1995 LEVIED THROUGHOUT THE COUNTY WOULD RAISE APPROXIMATELY
$10.2 MILLION IN THE FIRST CALENDAR YEAR OF THE LEVY.
6. THE PROPOSITION FORM SHALL BE AMENDED AS NECESSARY TO
REFLECT THE WITHDRAWAL OF POLITICAL SUBDIVISIONS FROM THE AUTHORITY
IF THE SAME OCCURS.
7. THE COUNTY CLERK IS DIRECTED TO DO ALL THINGS AND PROVIDE
ALL SUPPLIES NECESSARY FOR THE SPECIAL ELECTION AS REQUIRED BY LAW TO
BE DONE.
Mr. Chairperson s we move the adoption of the foregoing resolution.
•
EXHIBIT A
ARTICLES OF INCORPORATION
OF THE
OAKLAND COUNTY PUBLIC TRANSPORTATION AUTHORITY
These Articles of Incorporation are 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"), for the purpose
of forming a public body corporate as required by the Act.
ARTICLE I
Kama
The name of the corporation and authority is the Oakland County Public
Transportation Authority the "Authority").
ARTICLE II
Incorporating Units.
The incorporating unit of the Authority is the County of Oakland, State of
Michigan, a municipal corporation of the State of Michigan. The County of Oakland,
together with any political subdivision or portion of a city, village or township which
may be added to the Authority after its incorporation, shall be considered a "Member".
ARTICLE Ill
Purposes
The purposes for which the Authority is organized are as follows:
a. To operate a public transportation system providing public
transportation services and public transportation facilities, as defined in by the Act and
to the extent authorized by these Articles.
b. To plan, promote, finance, acquire, improve, enlarge, extend, own,
construct, operate, maintain, replace, and contract for public transportation systems
and public transportation facilities.
c. To control, operate, administer, and exercise the franchise of the
public transportation system and public transportation facilities, if any.
MARCH 28, 1995
EXHIBIT A
d. To conduct any and all such activities and exercise any and all such
powers as are authorized by the Act and Articles of Incorporation, which are
necessary to the achievement of the foregoing and in furtherance of the purposes of
the Authority.
ARTICLE IV
Metropolitan Area
The territory encompassed by all Members of the Authority which has not been
withdrawn and released from the Authority shall comprise the Metropolitan Area of
the Authority.
ARTICLE V
RFI FASF OF POLITICAL SUBDIVISION FROM AUTHORITY
A political subdivision within the boundaries of Oakland County may be released
from the Authority and withdraw from the Metropolitan Area of the Authority by
utilizing the procedures set forth in Section 8 of the Act, MCL 124.458. The
provisions of Section 8 of the Act shall apply to a political subdivision seeking release
and withdrawal to the same extent they would apply to a political subdivision that is
an incorporating member of a public authority.
ARTICLE VI
POWERS- DUTIES AND LIMITATIONS
Section 1. The Authority, as provided in the Act, shall be a body
corporate with power to sue and be sued in any court of the State of Michigan and
shall be considered to be an agency and instrumentality of the State of Michigan.
Section 2, The Authority shall have all powers necessary to carry out the
purposes of its formation and all things incident to carrying out the purpose of its
formation, including those specific powers specified by the Act, except as limited
herein, and the power to provide, or cause to be provided, public transportation
service and public transportation facilities within or without the Metropolitan Area.
Section 3. The Authority shall have the power to enter into an agreement
with the Regional Transportation Coordinating Council ("RTCC") created by Act 204,
Public Acts of Michigan, 1967, as amended, or any successor agency thereto,
conferring , to the extent RTCC or any successor agency thereto serves under law or
C •
MARCH 28, 1995 2
EXHIBIT A
by agreement with the Authority as the designated recipient to apply for federal and
state transportation operating and capital on the Authority, as a subrecipient of federal
and state transportation funds, the right to receive and dispense grant funds from
RTCC or successor agency assistance grants.
Section 4. The Authority shall not utilize the provisions of Section 18 of
the Act, MCL 124.468 (Property Taxation), without first obtaining the approval of
the Oakland County Board of Commissioners, by affirmative vote of a majority of the
members elected to and serving on said County Board of Commissioners.
Section 5. The Authority may 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.
Section 6. The Authority shall have the power to jointly exercise with
any other public agency any power, privilege or authority which the Authority shares
in common with such other public agency and may exercise separately. A joint
exercise in power may be made by approval by the Board of a contract or contracts
in the form of an interlocal agreement, which agreement may provide for the creation
of separate legal or administrative entities to administer or execute the agreement.
Members to the governing body of such a legal or administrative entity may be
appointed in common with other public agencies party to the interlocal agreement.
Section 7. The Authority shall have the power to finance the cost of any
election called by the Board or the governing body of any Member or constituent unit
of the Authority for the purpose of authorizing a tax for the purpose of financing the
public transportation services to be provided by, or caused to be provided by, the
Authority from any funds available to the Authority for which such use is not
prohibited by law.
Section 8. Unless provided otherwise by these Articles, no enumeration
of powers in these Articles shall in any way limit or restrict the general power of the
Authority as provided by law.
MARCH 28, 1995 3
EXHIBIT A
ARTICLE VII
Members and Voting Rights
Section 1. Voting Members, The Board of the Authority (the "Board")
shall be composed of the following voting members:
PRIOR JA STRUCK BY GENERAL GOVERNMENT
A. FIVE MEMBERS who shall be appointed by the Chairperson of the
Board of Commissioners, subject to the consent of the Board of Commissioners, who
shall serve at the Board of Commissioner's sole pleasure: AT LEAST ONE APPOINTEE
SLULLIILdjaktai Ngar_f_aa AT LEAST ONE APPOINTEE SHALL
BE A MEMBER OF A POLITICAL PARTY NOT IN THE MAJORITY.
B. The Chairperson of the Board of Commissioners AND
EXECUTIVE- shall also appoint persons to serve as an alternate member(s) for each
of the members they have appointed pursuant to Section 1 of this Article. An
alternate member appointed pursuant to this Section may serve as a voting member
of the Board at any time the primary member is absent or when a vacancy exists in
their seat on the Board.
C. Members and Alternate members appointed pursuant to this Section
shall be persons who are residents of the Metropolitan Area,
Section 2 . Vacancies, Except upon resignation of the member or
alternate member, each member or alternate member of the Board appointed pursuant
to Section 1 of this Article shall serve as a member or alternate member of the Board
until their term is ended by COUNTY-EXECUTIVE-OR Board of Commissioner action.
Section 3. dextesltieaseLliyata_anelazensefaigngtaushigas„ Unless a
different voting requirement is otherwise required by the Act, the Board may act to
adopt or amend bylaws and rules of procedure governing its meetings and to transact
any business of the Authority or take any action with an affirmative vote from a
majority of all members of the Board serving as voting members of the Board pursuant
to Section 1 of this Article.
Section 4. Amendments to the Articles of Incorporation. These Articles
of Incorporation may be amended in the following manner:
a. By adoption of a resolution approving the amendment by
the Board of Commissioners of the County of Oakland. AND
4 MARCH 28, 1995
N. II
EXHIBIT A
r ,arrig
Section 5. Quorum. A majority of the members of the Board serving as voting
members pursuant to Section 1 of this Article VI, or their alternates, shall constitute
a quorum for the transaction of business.
.cFCTIONT 6 VON-VOTING MEMBER THEDAKLAND COUNTY TREASURER SHALL
RF A AT)Ai-17071W; ,WEAIRER OF THE BOARD AND SHALL ACT AS THE TREASURER OF
THE AUTHORITY
ARTICLE VIII
Officers and Chief Operating Officer
Section 1. The Board shall elect, by a vote of the majority of the Board
serving as voting members pursuant to Section 1 of Article VI, one or more voting
members of the Board to serve as Chairperson ASD SECRETARY of the Authority.
Except as specifically set forth in these Articles, the qualifications, powers, duties and
terms of office of the Chairperson AND SECRETARY shall be as set forth in the
Bylaws of the Authority. At any time when Bylaws have not been adopted, officers
shall serve a term of one year or until their successors are elected.
Section 2. The Chairperson of the Board shall preside at all meetings of
the Board. The Chairperson shalt, under the direction of the Board, have the power,
on behalf of the Board, to perform all acts, execute and deliver all documents and take
all steps that the Chairperson may deem necessary or advisable in order to effectuate
the actions and policies of the Board.
Section 3. The Secretary shall keep the minutes of all meetings of the
Board and committees thereof in books provided for that purpose. The Secretary shall
do and perform such other duties as may be fixed by or incidental to these Articles or
the Bylaws of the Authority, or as may be from time to time assigned by the Board.
Section 4. The Treasurer shall perform all acts incidental to the position
of treasurer as fixed by or incidental to these Articles or the Bylaws of the Authority
or as may be from time to time assigned by the Board,
LAW
Section 5. The Board may appoint a Chief Operating Officer of the
MARCH 28, 1995 5
A Plihtinatinn and Printina c FIGUIDOrdi1OF
t
EXHIBIT A
Authority, who may sign and execute all bonds, contracts, checks and other
obligations in the name of the Authority when so authorized by the Board, The Chief
Operating Officer shall have power over the management of the properties and
business of the Authority and employees thereof, and shall direct the enforcement of
all resolutions, rules and regulations of the Board, The Chief Operating Officer shall
have the authority to appoint such officers, employees and agents as necessary to
carry-out the purposes of the Authority under the general policy direction of the Board.
The Chief Operating Officer shall do and perform such other duties as may be fixed
by or incidental to these Articles or the Bylaws of the Authority or as may be from
time to time assigned by the Board. The chief Operating Officer shall serve at the
pleasure of the Board.
Section 6. The books and records of the Authority shall be open to
inspection and audit by duly authorized representatives of each Member and the State
of Michigan at all reasonable times.
ARTICLE IX
Upon execution by persons listed first above, the County Clerk of the County
of Oakland (the "County Clerk") shall endorse these Articles in substantially the form
required by the Act and cause a copy of these Articles of Incorporation to be published
once in a newspaper of general circulation within the area to be served by the
Authority, as provided by the Act AT TI-TE CLERICS_DISCRETION f 1 T "LE
AWD ECCENTRIC NEWSPAPERS. The County Clerk shall be responsible for any other
publications and filings required by the Act with the Secretary of State, the County
Clerk and the State Department of Transportation.
MARCH 28: 1995 6
EXHIBIT A
ARTICLE X
Term and Eftectiveness
The Term of existence of the Authority shall be perpetual or until terminated in
accordance with law.
These Articles shall become effective and the Authority shall become operative
upon the publication of these Articles pursuant to Article IX by the County Clerk.
IN WITNESS WHEREOF, the Chairperson of the Oakland County Board
of Commissioners has executed these Articles of Incorporation on the day of
, 1995.
THE COUNTY OF OAKLAND
By:
Larry P. Crake
Chairperson
Oakland County Board of Commissioners
MARCH 28, 1995 7
/
• 041--4 c
z?-1
cieek
gvt.t.1 —7.-41.errca
/h"--
/ ameiL4xeiLf---
t9cnek ,
AMENDMENT TO ARTICLE VI.
Section 9. Oakland County Transportation Authority shall
not contribute or transfer its funds to SMART unless municipal
01414 credit amounts to all Oakland County municiinalitipc will remain
levels as adjusted for inflation, and these monies alp*
be' unJzza14.66-40-4,0 come from the State and Federal Funds,G4w4-ng--W.
41 19
1/ atnittipteit.Jv
/9
Article VI.
Section 10. Any money raised in Oakland County will be used
in Oakland County.
EXHIBIT A
ARTICLES OF INCORPORATION
OF THE
OAKLAND COUNTY PUBLIC TRANSPORTATION AUTHORITY
These Articles of Incorporation are 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"), for the purpose
of forming a public body corporate as required by the Act.
ARTICLE I
Name
The name of the corporation and authority is the Oakland County Public
Transportation Authority (the "Authority").
ARTICLE II
Incorporating Units.
The incorporating unit of the Authority is the County of Oakland, State of
Michigan, a municipal corporation of the State of Michigan. The County of Oakland,
together with any political subdivision or portion of a city, village or township which
may be added to the Authority after its incorporation, shall be considered a "Member".
ARTICLE Ill
Purposes
The purposes for which the Authority is organized are as follows:
a. To operate a public transportation system providing public
transportation services and public transportation facilities, as defined in by the Act and
to the extent authorized by these Articles.
b. To plan, promote, finance, acquire, improve, enlarge, extend, own,
construct, operate, maintain, replace, and contract for public transportation systems
and public transportation facilities.
c. To control, operate, administer, and exercise the franchise of the
public transportation system and public transportation facilities, if any.
MARCH 28, 1995
# r
EXHIBIT A
d. To conduct any and all such activities and exercise any and all such
powers as are authorized by the Act and Articles of Incorporation, which are
necessary to the achievement of the foregoing and in furtherance of the purposes of
the Authority.
ARTICLE IV
Metropolitan Area
The territory encompassed by all Members of the Authority which has not been
withdrawn and released from the Authority shall comprise the Metropolitan Area of
the Authority.
ARTICLE V
DIVISION FROM AUTHOR
A political subdivision within the boundaries of Oakland County may be released
from the Authority and withdraw from the Metropolitan Area of the Authority by
utilizing the procedures set forth in Section 8 of the Act, MCL 124.458. The
provisions of Section 8 of the Act shall apply to a political subdivision seeking release
and withdrawal to the same extent they would apply to a political subdivision that is
an incorporating member of a public authority.
ARTICLE VI
WA/FRS. DUTIES AND LIMITATIONS
Section 1. The Authority, as provided in the Act, shall be a body
corporate with power to sue and be sued in any court of the State of Michigan and
shall be considered to be an agency and instrumentality of the State of Michigan.
Section 2. The Authori y —shall have all powers necessary to carry out the
purposes of its formation and all 4Aings incident to carrying out the purpose of its
formation, including those specific powers specified by the Act, except as limited
herein, and the power to provide, or cause to be provided, public transportation
service and public transportation facilities within or without the Metropolitan Area.
Section 3. The Authority shall have the power to enter into an agreement
with the Regional Transportation Coordinating Council ("RTCC") created by Act 204,
Public Acts of Michigan, 1967, as amended, or any successor agency thereto,
conferring , to the extent RTCC or any successor agency thereto serves under law or
BC
MARCH 28, 1995 2
If%I .cc ivri
riDb
___Mrt.-4;)(1 X H 1 BIT A
r;écipient to apply for federal and
onty, as a subrecipient of federal
e and dispense grant funds from
by agreement with the Authority as the designated
state transportation operating and capital on the Au
and state transportation funds, the right to recei
ICC or successor agency assistance grants.
Section 4. The Authority shall not uti ize the provisions of Section 18
t):r4 Act, MCI_ 124.468 (Property Taxation),eith ut first obtaining the approve/of
the Oakland County Board of Commissioner by af mative vote of a majority of the
members elected to aid serving on said County Bo {d of Commissioners.
n 5, The Authori ontract w SMART and/or any other
nsportation author' or political subdivision, agency or strumentality of the State,
srwmurFei' any private entity, fo ll or tion services it is entitle A 1n1100e:Lar (wow TT AM or required to provide unde th , • itAo&htrini Fiat-
fpf lterha cios6;idtelicaotsti A RT r srpoe.,itries /CP/ AT-
.. NA iv 7‘ AR, . $14 gitrYa 519 A kr
Section 7, The Authority shall have the power to finance the cost of any
election called by the Board or the governing body of any Member or constituent unit
of the Authority for the purpose of authorizing a tax for the purpose of financing the
public transportation services to be provided by, or caused to be provided by, the
Authority from any funds available to the Authority for which such use is not
prohibited by law.
Section 8. Unless provided otherwise by these Articles, no enumeration
of powers in these Articles shall in any way limit or restrict the general power of the
Authority as provided by law.
mkty-; f- nikpc+
pier ony• 1.4611411 freffs/00140A;)1 ? eAfei;v1y AIWA* dt4itot.
Aeiprie, 7fro v7r fl-te 1141".4/6-Pli- dg, Ai Pi roF AOPA J J omier it •
of 1 74'`‘44 " 4-e W2 m D.194 4-4 Plea4b"scle tiAg42r1)445"
-50 Pritkly Atioe$10,Fe."4"41;a;4*tvir;
At,fimpa.x.r Erm ai9,6,7-71 „4/#11yrnr /AP' 1-iuw4.41/1PPPAINIalltri
74 Oa-7, 412 42 Section 6. The Authority `dhall have the power to jointly exercise with -
agency any power, privilege or authority which the Authority shares
si•e0iii° in common with such other public agency and may exercise separately. A joint
exercise in power may be made by approval by the Board of a contract or contracts
In the form of an interlocal agreement, which agreement may provide for the creation
of separate legal or administrative entities to administer or execute the agreement.
y0.4 Members to the governing body of such a legal or administrative entity may be
LIT' appointed in common with other public agencies party to the interlocal agreement.
&
a; 'ft
EXHIBIT A
ARTICLE VII
Members and Voting Rights
Section 1. Voting Members. The Board of the Authority (the "Board")
shall be composed of the following voting members:
PRIOR 1.4 .STRUCK BY GEN:EX-IL GOVER,VMENT
A. FIVE NIEIIBERS who shall be appointed by the Chairperson of the
Board of ComenIssioners, subject to the consent of the Board of Commissioners, who
shall serve at the Board of Commissioner's sole pleasure. AT LEAST ONE APPOINTEE
;11.,I1,I,_12.E„.4ILF.klaiLL UME'774e1/14, OW eive)
B. The Chairperson of the Board of Commissioners AND-THE COUNTY
EXECUTIVE- shall also appoint persons to serve as an alternate member(s) for each
of the members they have appointed pursuant to Section 1 of this Article. An
alternate member appointed pursuant to this Section may serve as a voting member
of the Board at any time the primary member is absent or when a vacancy exists in
their seat on the Board.
C. Members and Alternate members appointed pursuant to this Section
shall be persons who are residents of the Metropolitan Area,
Section 2 . Vacancies. Except upon resignation of the member or
alternate member, each member or alternate member of the Board appointed pursuant
to Section 1 of this Article shall serve as a member or alternate member of the Board
until their term is ended by COUN-TY--EXEGUTIVE-OR Board of Commissioner action.
Section 3. !••• '•• • ; .2. -on of ; Unless a
different voting requirement is otherwise required by the Act, the Board may act to
adopt or amend bylaws and rules of procedure governing its meetings and to transact
any business of the Authority or take any action with an affirmative vote from a
majority of all members of the Board serving as voting members of the Board pursuant
to Section 1 of this Article.
Section 4 jflfndmefltS to the Articles of IncorooratiorL These Articles
of Incorporation may be amended in the following manner:
a. By adoption of a resolution approving the amendment by
the Board of Commissioners of the County of Oakland. AND
77IE 11 -RITTEV . T1444:04-4.:TY EXECI:gig&
MARCH 28, 1995 4
v.
EXHIBIT A
Section 5. Quorum. A majority of the members of the Board serving as voting
members pursuant to Section 1 of this Article VI, or their alternates, shall constitute
a quorum for the transaction of business.
SECTIO V 6 NOV-VOTING NIENIBER. TH(E4KLA.VDCOUVTX7:12-P rzil
BE A NO.V-VOTIVG .11E'VfBER OF THE BOARD AND SHAlL Açf T!-IF TRFASUPFiln
THE AUTHORITY A C t1
ARTICLE
./
hief ateratiria C
Section 1. The Board shall elect, by a vo of the majority of e Board
serving as voting members pursuant to Section 1 of rticle VI, voting
member t of the Board to serve as Chairperson AND EC RETARY of the Authority.
Except as specifically set forth in these Articles, the qualifications, powers, duties and
terms of office of the Chairperson AND SECRETARY shall be as set forth in the
Bylaws of the Authority. At any time when Bylaws have not been adopted, officers
shall serve a term of one year or until their successors are elected.
Section 2. The Chairperson of the Board shall preside at all meetings of
the Board. The Chairperson shall, under the direction of the Board, have the power,
on behalf of the Board, to perform all acts, execute and deliver all documents and take
all steps that the Chairperson may deem necessary or advisable___
the actions and policies of the Board.
Section 3. The Secretary shall keep ai'biro-f—all i-neetings of thb
Board and committees thereof in books provided for that purpose. The Secretary shall
do and perform such other duties as may be fixed by or incidental to these Articles or
the Bylaws of the Authority, or as may be from time to time assigned by the Board.
Section 4. The Treasurer shall perform all acts incidental to the position
of treasurer as fixed by or incidental to these Articles or the Bylaws of the Authority
or as may be from time to time assigned by the Board OR AS MAY BE REQUIRED BY
Section 5. The Board may appoint a Chief Operating Officer of the
Authority, who may sign and execute all bonds, contracts, checks and other
obligations in tie name of the Authority when so autnorized by the Board. The Chief
MARCH 28, 1995 5
DA DE17 PIE F6
dZi
0
THE DETROIT FREE 41(1.4A1111 PR THE DAILY TRIBUNE, T, FIE ORSERVFg DR
I • P.
EXHIBIT A
Operating Officer shall have power over the management of the properties and
business of the Authority and employees thereof, and shall direct the enforcement of
all resolutions, rules and regulations of the Board, The Chief Operating Officer shall
have the authority to appoint such officers, employees and agents as necessary to
carry-out the purposes of the Authority under the general policy direction of the Board.
The Chief Operating Officer shall do and perform such other duties as may be fixed
by or incidental to these Articles or the Bylaws of the Authority or as may be from
time to time assigned by the Board. The chief Operating Officer shall serve at the
pleasure of the Board.
Section 6. The books and records of the Authority shall be open to
inspection and audit by duly authorized representatives of each Member and the State
of Michigan at all reasonable times.
ARTICLE IX
Publication and Printing of Articles of Incorporion
Upon execution by persons listed first above, the County Clerk of the County
of Oakland (the "County Clerk") shall endorse these Articles in substantially the form
required by the Act and cause a copy of these Articles of Incorporation to be published
once in a newspaper of general circulation within the area to be served by the
Authority, as provided by the Act. LT THE CLERK'S DIETIOA
rI3LISHED IV .4.VY aVE OF:
ECCENTRIC .VE.R,Si-2,12.ERS. The County Clerk shall be responsible for any other
publications and filings required by the Act with the Secretary of State, the County
Clerk and the State Department of Transportation.
MARCH 28, 1995 6
II 41,
EXHIBIT A
ARTICLE X
Term and Effectiveness
The Term of existence of the Authority shall be perpetual or until terminated in
accordance with law.
These Articles shall become effective and the Authority shall become operative
upon the publication of these Articles pursuant to Article IX by the County Clerk.
IN WITNESS WHEREOF, the Chairperson of the Oakland County Board
of Commissioners has executed these Articles of Incorporation on the day of
, 1995.
THE COUNTY OF OAKLAND
By:
Larry P. Crake
Chairperson
Oakland County Board of Commissioners
MARCH 28, 1995 7