HomeMy WebLinkAboutResolutions - 1998.04.01 - 25231Miscellaneous Resolution # 98060 April 2, 1998
BY: General Government Committee, Nancy Dingeldey, Chair
RE: Act 196 Public Transportation Authority Millage Renewal
TO: The Oakland County Board of Commissioners
Ladies and Gentlemen:
WHEREAS, the Oakland County Board of Commissioners, on March 30, 1995, adopted Miscellaneous
Resolution #95083, Act 196 Public Transportation Authority -Articles of Incorporation, establishing the Oakland
County Transportation Authority and approving a special election for the purpose of placing before the voters the
question of increasing the limitation on the amount of taxes which may be imposed by 0.33 mill for 1995, 1996, and
1997, to support public transportation within the Authority area; and
WHEREAS, the Special Election, which was subsequently held on June 6, 1995, established those
communities which elected to support public transportation under the aegis of the Oakland County 196 Public
Transportation Authority, and the area was later expanded in accordance with Act 196 of the Public Acts of 1986,
as amended; and
WHEREAS, the incorporating unit of the Authority is the County of Oakland, State of Michigan, a
municipal corporation of the State of Michigan, and the County of Oakland; the Cities of Auburn Hills, Berkley,
Birmingham, Clawson, Farmington, Farmington Hills, Ferndale, Hazel Park, Huntington Woods, Madison Heights,
Oak Park, Pleasant Ridge, Pontiac, Royal Oak, Southfield and Troy; the Township of West Bloomfield; and the
Villages of Beverly Hills, Bingham Farms and Franklin 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 "Members" of the Authority
as defined in the Act; and
WHEREAS, in accordance with Article VI, Articles of Incorporation, as adopted and amended, the Authority
may not place a millage question before its members without the prior authorization of the Oakland County Board
of Commissioners; and
WHEREAS granting of this authorization by the Oakland County Board of Commissioners supports voters
choice of tax renewal; such authorization does not constitute support or non-support of this particular millage issue.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes the utilization of Section 18 of the Act 196, MCL 124.468 (Property Taxation), by the Oakland County
Public Transportation Authority for the purpose of placing before the voters of the Authority the proposition of
continuing the 0.33 mill for the years 1998, 1999, 2000, 2001, inclusive, to support public transportation within
the Authority area; and
BE IT FURTHER RESOLVED that the proposition be placed on the August 4, 1998, primary election ballot,
in substantially the following form:
OAKLAND COUNTY PUBLIC TRANSPORTATION MILLAGE CONTINUATION PROPOSAL
Shall the limitation on the amount of taxes imposed on taxable property in the Oakland County Public
Transportation Authority area be maintained at 33 cents ($.033) per thousand dollars ($1000) (0.33 mill) of
the taxable value on all taxable property in the Authority area for four (4) years, 1998, 1999,2000, 2001,
inclusive, for the purpose of providing funds for the support of a public transportation system serving the
general public within the Authority area? It is estimated that 0.33 mill in 1998, levied throughout the
Authority area would raise approximately $7.6 million in the first calendar year of the levy.
BE IT FURTHER RESOLVED that the proposition form shall be amended as necessary to reflect the
withdrawal or addition of political subdivisions from or to the Authority if same occurs.
BE IT FURTHER RESOLVED that the 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.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENIIRAL GOVERNMENT COMMITTEE
Resolution #98060 April 2, 1998
Moved by Dingeldey supported by Jacobs the resolution be adopted.
Moved by Moffitt supported by Powers the resolution be amended by deleting
the first BE IT FURTHER RESOLVED paragraph.
Commissioner McPherson asked for the opinion of Corporation Counsel as to
how the amendment would affect the resolution.
Corporation Counsel Gerald Poisson addressed the Board to state that the
NOW THEREFORE BE IT RESOLVED paragraph complies with Act 196 for the Board's
responsibility and that the Authority has the right to propose the ballot
language.
Moved by Moffitt supported by Powers to further amend the resolution so the
second BE IT FURTHER RESOLVED paragraph reads as follows:
BE IT FURTHER RESOLVED that the Board recommends the proposition
form shall be .mended as ne.s.,y Lo reflect the withdrawal or addition
of political subdivisions from or to the Authority if same occurs.
Discussion followed.
Moved by Moffitt supported by Powers to further amend so the first BE IT
FURTHER RESOLVED paragraph reads as follows:
BE IT FURTHER RESOLVED that the Board recommends the proposition be
placed on the August 4, 1998 primary election ballot.
Vote on amendment:
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Garfield, Gregory, Holbert, Huntoon, Jacobs, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer,
Powers, Schmid, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas. (24)
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 April 2, 1998 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 oc4519ril I .
064,
Lynn D. Allen, County Clerk