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HomeMy WebLinkAboutResolutions - 1997.12.11 - 24983REPORT (Misc. #97264) December 1, 1997 BY: GENERAL GOVERNMENT COMMITTEE - KAY SCHMID, CHAIRPERSON IN RE: MR #97264 - AMENDMENT OF ARTICLES OF INCORPORATION TO DEFINE TERMS FOR THE MEMBERS OF THE OAKLAND COUNTY PUBLIC TRANSPORTATION AUTHORITY TO THE BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above referenced resolution on December 1, 1997, reports with the recommendation that the resolution be adopted with the following amendment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby amends the Articles of Incorporation of the Oakland County Public Transportation Authority by striking the current language in Article VII, Section 2, and substituting the following: "Terms of Office. Except upon resignation of the member or alternate member, each member or alternate member of the Board appointed pursuant to Section 1 of Article VII shall serve as a member or alternate member of the Board for a term commensurate with the term of County Commissioner (TWO YEARS), and that all currently serving Board members and alternates terms shall terminate on December 31, 1998, EXCEPT THAT EACH MEMBER SHALL HOLD OFFICE UNTIL A SUCCESSOR IS APPOINTED AND SERVING." Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing Report. GENERAL GOVERNMENT COMMITTEE Chairperson, we move the adoption of th foregc)4na resolution. (-owN ovAtiz I s7 / ofriy November 20, 1997 MISCELLANEOUS RESOLUTION #97264 BY: Commissioners David L. Moffitt, Thomas A. Lawywa 1jAV4A04° IN RE: AMENDMENT OF ARTICLES OF INCORPORATION TO DEFINE TERMS FOR THE MEMBERS OF THE OAKLAND COUNTY PUBLIC TRANSPORTATION AUTHORITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS 1986 Public Act 196 (ACT) provides that counties may form a Public Transportation Authority by adopting Articles of Incorporation; and WHEREAS the Oakland County Board of Commissioners, in Miscellaneous Resolution #95083, formed the Oakland County Public Transportation Authority (OCPTA) by adopting Articles of Incorporation; and WHEREAS the OCPTA Articles of Incorporation, at Article VII, Section 4, provide that the Articles of Incorporation may be amended only by the adoption of a resolution by Oakland County Board of Commissioners approving the amendment; and WHEREAS Article VII, Section I, establishes five voting members (one member of the party not in majority) who are appointed by the Chairperson of the Board with the consent of the Board, and whose terms are at the sole pleasure of the Board of Commissioners, and five alternates who are to be appointed and who serve in the same fashion, and WHERAS Article VII, Section 2 states: "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 VII shall serve as a member or alternate member of the Board until their term is ended by the Board of Commissioners action."; and WHEREAS, in keeping with the manner and method of appointment of various boards, commissions and authorities, the Public Transportation Authority members term of office should be for a specified length. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby amends the Articles of Incorporation of the Oakland County Public Transportation Authority by striking the current language in Article VII, Section 2, and substituting the following: "Terms of Office. Except upon resignation of the member or alternate member, each member or alternate member of the Board appointed pursuant to section 1 of Article VII shall serve as a member or alternate member of the Board for a term commensurate with the term of County Commissioner, and that the terms of all currently serving Board members and alternates shall terminate on December 31, 1998." ,1,.. Resolution #97264 November 20, 1997 The Chairperson referred the resolution to the General Government Committee. There were no objections. . Resolution #97264 December 11, 1997 Moved by Schmid supported by Law the General Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Schmid supported by Law the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted therefor, the amendment carried. Moved by Schmid supported by Law the resolution be adopted. Vote on resolution, as amended: AYES: Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Fracassi, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, 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 December 11, 1997 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 11th day of December 1997. 'Thsplot-o. Allen, County Clerk