HomeMy WebLinkAboutResolutions - 2000.08.10 - 25933August 10, 2000
Miscellaneous Resolution # 00 201
BY: General Government Committee, Shelley G. Taub, Chairperson
RE: Board of Commissioners - Metropolitan Arts and Culture Council
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the Michigan Metropolitan Councils Act, Public Act 292 of 1989, being
MCL 124.651 through 124.729; MSA 5.4086(51) through MSA 5.4086(129) (the "Act") was
amended by Public Act 375 of 1998, being MCL 124.693 through 124.713; MSA 5.4086(93)
through MSA 5.4086(113), to authorize the creation of a metropolitan region council which
shall consist of one (1) or more qualified cities and two (2) or more qualified counties; and
WHEREAS, Section 43(h) of the Act, defines "qualified county" as a county with a
population of not less than 780,000 which contains a qualified city within its geographic
boundaries or is contiguous to a county with a qualified city within its geographic boundaries;
and
WHEREAS, Section 43(g) of the Act, defines "qualified city" as a city with a population
of not less than 700,000 persons which is located within a participating qualified county and
which owns two (2) or more regional cultural institutions; and
WHEREAS, Section 43(i) of the Act, defines a "regional cultural institution" as a
structure, fixture, or activity provided by a tax exempt entity that has been in existence for at
least eighteen (18) consecutive months and which may include a zoological institute; a
science center, whether or not it is affiliated with a private educational institution; a public
broadcast station, whether or not the public broadcast station is affiliated with an institution of
higher education; a museum, whether or not it is affiliated with a private educational institution;
a historical center; a performing arts center; a visual or performance art instruction center
affiliated with an independent institution of higher education in the arts; an orchestra; a chorus;
a chorale; or an opera theater; and
General Government Committee Vote;
Motion carried on roll call vote Taub, Dingeldey, Law, Patterson, Sever, Friedman Appel and
Melton — yes.
Garfield — no
McPherson - absent
3. To be conducted as a governmental entity, including all activities incident to its
purposes, pursuant to Section 115 of the United States Internal Revenue Code, being 26 USC 115,
or any successor law (the "Code"). Notwithstanding any other provision of these Articles, the
Corporation shall not carry on any other activity not permitted to be carried on by a governmental
instrumentality exempt from federal income tax under Section 115 of the Code or by a nonprofit
corporation organized under the Act and other laws of the State of Michigan.
4. To enhance regional cultural institutions and to develop and/or enhance local
recreation and cultural programs and facilities that are not primarily designed or used for professional
sports, within the geographic boundaries of the participating city and counties.
ARTICLE HI
The Corporation is organized on a non-stock, directorship basis.
The value of assets which the Corporation possesses is:
Real Property: None
Personal Property: None
The Corporation is to be financed under the following general plan:
1. Proceeds from an ad valorem tax approved, pursuant to the requirements of the Act,
by a majority of the qualified and registered electors residing in the council area and voting
collectively on the question. However, notwithstanding any other provision of these Articles, should
a majority of the qualified and registered electors residing in any participating qualified county voting
on the issue disapprove a proposal to levy an ad valorem tax, the Corporation shall immediately be
dissolved and no tax shall be levied.
2. Grants, loans, or contributions from the Federal government or any of its agencies,
the State of Michigan, or other public or private agencies where funds received would be used for
any of the purposes set forth in the Act or in these Articles.
3. Other lawfully received funds.
ARTICLE IV
The street address and mailing address of the registered office is:
39577 Woodward Avenue
Suite 300
Bloomfield Hills, Michigan 48304
The name of the resident agent at the registered office is:
Thomas B. Spillane, Jr.
ARTICLE V
The names and addresses of the incorporators are as follows:
The Detroit City Council, do The Detroit City Clerk, 200 Coleman A. Young Municipal Center,
Detroit, Michigan 48226.
The Oakland County Board of Commissioners, do The Oakland County Clerk, 1200 N. Telegraph
Road, Pontiac, Michigan 48431-0413.
The Wayne County Commission, do The Wayne County Clerk, 201 Coleman A. Young Municipal
Center, Detroit, Michigan 48226.
ARTICLE VI
The Corporation is a public corporate body.
The fiscal year for the Corporation shall be October 1st through September 30th.
ARTICLE VII
The Corporation and its incorporators, Council Board members, officers, agents, and
volunteers are entitled to governmental immunity as provided in Section 7 of Public Act 170 of 1964,
being MCL 691.1407; MSA 3.996(107).
7. Writings prepared, owned, used, in the possession of, or retained by the Council in
the performance of an official function shall be made available to the public in compliance with the
Michigan Freedom of Information Act, Public Act 442 of 1976; MCL 15.231 through 15.246; MSA
4.1801(1) through 4.1801(16).
ARTICLE IX
1. The Corporation possesses all the powers necessary for carrying out the purposes of
its formation.
2. The Corporation shall have the power to adopt bylaws for the Council's
administration. Among other operational matters, the Corporation's bylaws shall require one (1)
annual meeting, and shall include a process for an ongoing advisory role for the Regional Cultural
Institutions identified in Article IX, Section 5 of these Articles (or a recognized coalition of these
institutions).
3. The Corporation shall have the power to provide funding to Regional Cultural
Institutions.
4. "Regional Cultural Institution" means a structure, fixture, or activity provided by a tax
exempt entity located within the council area that has been in existence for at least eighteen (18)
consecutive months before becoming eligible for funding under the Act. "Regional Cultural
Institution" may include a zoological institute; a science center, whether or not it is affiliated with a
private educational institution; a public broadcast station as defined by Section 397 of Subpart E of
Part IV of Title III of the Communications Act of 1934, being 47 USC 397, whether or not the public
broadcast station is affiliated with an institution of higher education; a museum, whether or not it its
affiliated with a private educational institution; a historical center; a Performing arts center; a visual
or performance art instruction center affiliated with an independent institution of higher education in
the arts; an orchestra; a chorus; a chorale; or an opera theater. "Regional Cultural Institution" does
not include a professional sports arena or stadium; a labor organization; a political organization; a
library; a public, private, or charter school; or an exhibition, performance, or presentation that is
obscene.
5. The Corporation shall have the power to provide funding or to supplement funding
received from other sources, to the following regional cultural institutions from the funds identified
in Article X, Section 5 of these Articles:
a. Cranbrook Art Museum.
b. Cranbrook Institute of Science.
c. Cranbrook House and Gardens.
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d. Charles H. Wright Museum of African-American History.
e. Center for Creative Studies, for use in Community and Outreach Programs.
f. Detroit Historical Museums.
g. The Detroit Institute of Arts.
h. Detroit Public Television.
i. Detroit Science Center.
j. Detroit Symphony Orchestra.
k. Detroit Zoological Institute.
1. Henry Ford Museum/Greenfield Village.
m. Holocaust Memorial Center.
n. Meadow Brook Hall.
o. Meadow Brook Theater.
P. Michigan Opera Theatre.
q. Music Hall Center for the Performing Arts.
r. Any other organization or program that meets the definition and requirements
of "Regional Cultural Institution" defined in this Article IX, Section 4 of these
Articles provided that the institution is added by a vote of the Council Board
using the weighted vote methodology set forth in Article XL, Section 2 of
these Articles.
6. The Corporation shall have the power to levy on all the taxable real and personal
property within the Council area an ad valorem tax of not to exceed 0.5 mils of the taxable value of
the taxable property. A tax authorized to be levied by the Council under the Act shall be levied and
collected at the same time and in the same manner as provided by the general property tax act, Public
Act 206 of 1893, as amended, being MCL 211.1, et seq; MSA 7.1, et seq. The Council shall not levy
a tax except on the approval of a majority of the qualified and registered electors residing in the
Council area and voting collectively on the question. However, should a majority of the qualified and
registered electors residing in any participating qualified county voting on the issue disapprove a
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proposal to levy an ad valorem tax, the Corporation shall immediately be dissolved and no tax shall
be levied.
7. The Corporation shall have the power to apply for and accept grants, loans, or
contributions from the Federal government or any of its agencies, the State of Michigan or any of its
agencies, or other public or private agencies to be used for any of the Corporation's purposes.
8. The Corporation shall have the power to sell or lease property acquired for the
Corporation's purposes but not needed for those purposes.
9. The Corporation shall have the power to sue or be sued in any court in Michigan.
10. The Corporation shall have the power to hire employees, attorneys, accountants, and
consultants.
11. The Corporation shall have the power to acquire and hold by purchase, lease, grant,
gift, devise, land contract, installment purchase contract, bequest, condemnation, or other legal
means, real and personal property within or without the participating qualified city and qualified
counties. The property may include franchises, easements, or rights-of-way on, under, or above any
property. The Council may pay for the property from revenue of the Council. In order to acquire
and hold real and personal property by condemnation, the Council must adopt a resolution which
approves the acquisition by a vote of not less than two-thirds (2/3) of the Directors serving on the
Council Board including at least one (1) Director from each participating qualified city and qualified
county.
12. The Corporation shall not condemn public property.
13. The Corporation, through its Council Board, shall establish Accountability Standards
for itself and for the institutions it funds. As a condition of receiving funds, the Chief Operating
Officer and the Chairperson of the Board of Directors of each regional cultural institution shall be
required to sign a contract that incorporates the Council Board's Accountability Standards. Among
the Accountability Standards, which may be set forth in their entirety in a separate document are:
a. The regional cultural institutions agree to maintain as their primary focus the
delivery of the highest quality education, conservation, performance, and
other cultural programs that enhance the lives of the region's residents, with
special emphasis on families and children.
b. The regional cultural institutions agree not to use the funds raised through the
tax levy authorized under the Act, in whole or in part, to engage in or conduct
exhibitions, performances, or presentations that are "obscene" as this term is
defined in Section 43(e) of the Act, being MCL 124.693; MSA 5.4086(93).
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c. The regional cultural institutions must annually present to the Council Board
a written report of public programs and services. The regional cultural
institutions must also annually appear before the Council Board to present a
financial and program report and address questions.
d. As a condition of continued funding, within one hundred eighty (180) days of
the close of each regional cultural institution's fiscal year, it shall submit to the
Council Board a certified audit of its financial statements completed by an
independent certified public accounting firm.
ARTICLE X
1. No part of the net earnings of the Corporation shall inure to the benefit of or be
distributable to its Council Board members, officers, or other private persons, except that the
Corporation shall be authorized and empowered to pay reasonable compensation for services
rendered and to make payments and distributions in furtherance of the purposes set forth in Article
II of these Articles.
2. The Council Board shall not expend money collected under the tax levy for
administrative costs or for distributions to the qualified regional cultural institutions unless the specific
expenditure is included in the Council's annual budget. For administrative costs, the annual budget
shall be determined and approved by a vote of the Council Board members using the weighted vote
methodology set forth in Article XI, Section 2 of these Articles. For distributions to the qualified
regional cultural institutions, the annual budget shall be as determined pursuant to Article X, Section
6 of these Articles.
3. The Council Board shall authorize that not more than three percent (3%) of revenues
received under the Act may be expended annually for administrative costs incurred under the Act.
In accordance with the Act, not more than three percent (3%) of annual revenues received under the
Act may be expended annually for those administrative costs. This section shall never be amended
to include a higher percentage.
4. Pursuant to the Act, Oakland County shall receive one-third (1/3) of any net revenues
collected within that county. However, notwithstanding that Oakland County shall receive such
revenues, Oakland County's one-third (1/3) of the net revenues shall be returned to each city, village,
or portion of a township within that county, and those net revenues shall be expended by the affected
cities, villages, and portions of townships to fund only cultural and recreational programs and facilities
that are not primarily designed or used for professional sports. In the event that this provision is
determined to be in violation of the Act, then Oakland County shall distribute the revenues in
accordance with the Act.
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Wayne County shall not receive any net revenues collected within that county. Instead,
one-third (1/3) of the net revenues collected in each city, village, or portion of a township within that
county, shall remain in that city, village, or portion of a township, and those net revenues shall be
expended by the affected cities, villages, and portions of townships to fund only cultural and
recreational programs and facilities that are not primarily designed or used for professional sports.
5. Two-thirds (2/3) of the revenues collected from the one-half (1/2) mill levy, less
administrative costs (as determined pursuant to Article X, Section 2 of these Articles), shall be
appropriated to regional cultural institutions listed in or approved pursuant to Article IX, Section 5(a)
through (r) of these Articles. Those funds shall be allocated proportionally to those institutions,
based on a plan described in Section 6 of this Article. In the first year of distributions, no regional
cultural institution shall receive more than $4 Million ($4,000,000) from this distribution. In
subsequent years, the $4 Million ($4,000,000) cap shall be increased in the same proportion that the
revenues from the ad valorem tax increases.
6. In the first year, the revenues collected under the ad valorem tax levied by the Council
under the Act shall be distributed under the plan described in this section. For purposes of the
distribution, terms used in this section are defined as follows:
"Distribution Cap" means $4 Million ($4,000,000) in the first year of distributions. For
subsequent years, the Distribution Cap shall be increased proportionately as described in Section 5
of this Article.
"Operating Expenses" means the operating expenses for a Regional Cultural Institution for
a given fiscal year as determined by each Regional Cultural Institution in its annual audited financial
statements. For those Regional Cultural Institutions under contract with concessionaires for food or
other concessions or both, Operating Expenses include those costs and expenses associated with
those contracts. For those Regional Cultural Institutions that are a -component part of a system of
related organizations, Operating Expenses include administrative services fees paid to a related
organization.
"Proportionate Share" means the ratio of each Regional Cultural Institution's Operating
Expenses to the Total Operating Expenses of all Regional Cultural Institutions, such ratio to be
represented as a percentage and attributed to each Regional Cultural Institution.
"Regional Cultural Institutions" means those institutions identified in Article DC, Section 5
of these Articles.
"Total Distribution Amount" means two-thirds (2/3) of the total revenues collected under the
ad valorem tax levied by the Council under the Act minus administrative costs.
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"Total Operating Expenses" means the sum of the Operating Expenses of all of the Regional
Cultural Institutions using an average of the three (3) most recent fiscal years as submitted to the
Council Board by each of the Regional Cultural Institutions.
Each Regional Cultural Institution shall submit to the Council Board its Operating Expenses
for the three (3) most recent fiscal years. Together with a statement of its Operating Expenses for
the three (3) most recent fiscal years, each Regional Cultural Institution must include a calculation
by which it determined the three (3) year average. Using the submitted information and after
verifying the calculations, the Council Board shall determine the Total Operating Expenses of all
Regional Cultural Institutions.
In the first year, the distribution to each Regional Cultural Institution shall be calculated by
multiplying each Regional Cultural Institution's Proportionate Share by the Total Distribution
Amount (the "Calculation"), provided that no distribution to a Regional Cultural Institution may
exceed the Distribution Cap.
If, based on the Calculation, a Regional Cultural Institution would receive more than the
Distribution Cap, that Regional Cultural Institution shall receive a distribution equal to the
Distribution Cap and the remaining amount shall be placed in a "Redistribution Fund." The
Redistribution Fund shall be distributed in proportionate amounts to the Regional Cultural institutions
receiving less than the Distribution Cap. The same calculation formula shall be used except that the
Operating Expenses of the Regional Cultural Institutions whose distribution is equal to the
Distribution Cap shall not be included in the Total Operating Expenses. In the event any Regional
Cultural Institution would receive more than the Distribution Cap because of a redistribution, the
same Distribution Cap will remain and a subsequent Redistribution Fund shall be established and
distributed in the manner described.
For distributions after the first year, the Council Board shall develop a distribution formula,
such formula to be adopted by a vote of not less than two-thirds (2/3) of the Directors serving on the
Council Board including at least one (1) Director from each participating qualified city and qualified
county. In the event that in any year following the first year's distribution, a distribution formula
cannot be agreed upon, then the immediately prior year's approved distribution formula shall be
utilized and shall include any institutions that were added pursuant to Article IX, Section 5(r) and
were not part of the prior year's distribution formula.
ARTICLE XI
1. Except to amend these Articles and to adopt a distribution formula described in
Article X, Section 6 of these Articles, all votes of the Board of Directors shall be by a majority of
weighted or valued votes of the Directors as described in Section 2 of this Article.
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2. Except as provided by Section 1 of this Article and otherwise required by law, each
vote of the Directors shall be on a weighted or valued basis.
The weight or value to be given to each Director's vote shall be determined by utilizing the
dollars collected and contributed by the ad valorem tax to the Corporation from the participating
qualified city or county that the Director represents.
The weight or value to be given to each Director's vote shall be calculated using the following
formula:
a. For each participating and qualified city and county, the dollars collected and
contributed from the ad valorem tax shall be totaled.
b. The total contributions from the ad valorem tax for all of the participating city
and counties shall then be added together.
c. The total for Subsection (a) of this section (the numerator) shall be divided by
the total of Subsection (b) of this section (the denominator) for each qualified
county and city to determine the percentage of total contributions from the ad
valorem tax, to the eligible institutions for each qualified and participating city
and county.
d. For each qualified and participating city and county, the quotient determined
under Subsection (c) of this section shall be divided by three (3) (the number
of directors from that specific jurisdiction) and then multiplied by ten (10) to
determine the value of each director's vote for that city or county.
ARTICLE XII
The Corporation shall not participate in, or intervene in (including the publishing or
distribution of statements) any political campaign on behalf of or in opposition to any candidate for
public office nor shall the Corporation intervene, promote, endorse, raise or solicit funds for, or in
any way be involved in ballot proposals, referenda, initiatives, recall of elected officials or participate
in any other ballot or political issues.
ARTICLE XIII
Upon the dissolution of the Corporation, the Board shall dispose of all of the assets of the
Corporation, after paying or making provisions for the payment of all of the liabilities of the
Corporation, exclusively for the purpose of the Corporation in such manner, or distribute the assets
to the State of Michigan or a political subdivision as the Council Board shall determine. Any such
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assets not so disposed of shall be disposed of by the circuit court of the county in which the principal
office of the Corporation is then located exclusively for such purposes or to such organization or
organizations as said court shall determine which are organized and operated exclusively for such
purposes.
ARTICLE XIV
1. The Council Board shall prepare and publish annually a report of its finances. Such
report shall include distributions, highlights of activities for the year, and summaries of audiences,
programs, services, and facilities of funded regional cultural institutions. The report shall be mailed
to one (1) or more newspapers of general circulation in the region.
2. The following documents shall be available for public review during regular business
hours at the registered office of the Council Board:
a. Current and past financial statements of the Council, and of regional cultural
institutions; and
b. Required operating, financial, and other reports of the regional cultural
institutions receiving funds pursuant to the Act.
ARTICLE XV
Unless otherwise provided in these Articles or in the Act, these Articles may be amended by
the adoption of a resolution by a vote of not less than two-thirds (2/3) of the Directors serving on the
Council Board, including at least one (1) Director from each participating qualified city and qualified
county; and an affirmative vote of a majority of the members elected to and serving on the legislative
body of each participating qualified city and qualified county. Before the amendments are adopted
by the participating city or county, they must be published at least once by the Clerk of the
participating city or county in a newspaper generally circulated in that city or county. Upon adoption
of the amendments, the clerk of each of the participating counties shall file a printed copy with the
county and with the Michigan Secretary of State.
As set forth in the Act, these Articles must be amended to add a qualified city or county and
to evidence the withdrawal of a qualified city or county.
ARTICLE XVI
The duration of the Corporation shall be ten (10) years from the effective date of
incorporation.
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These Articles of Incorporation were adopted by an affirmative vote of a majority of the
members serving on the City Council of the City of Detroit, Michigan at a meeting duly held on the
day of
Jackie L. Currie
Detroit City Clerk
These Articles of Incorporation were adopted by an affirmative vote of a majority of the
members serving on the Board of Commissioners of the County of Oakland, Michigan at a meeting
duly held on the day of , A.D.,
G. William Caddell
Oakland County Clerk
These Articles of Incorporation were adopted by an affirmative vote of a majority of the
members serving on the Wayne County Commission, County of Wayne, Michigan at a meeting duly
held on the day of , A.D.,
Teola P. Hunter
Wayne County Clerk
DASDATA\MY DOCUM:ENTS \GENERAL GOVERNMENTMETRQ fg.TS ARTICLES 0.DOC
A sufficient majority having voted therefor, the
adopted.
resolution was
SOLUT
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NE FOREGOING R I HEREBy
Brookerson, County Extive Date
Resolution #00201 August 10, 2000
Moved by Taub supported by Obrecht the resolution be adopted.
Moved by Millard supported by Causey-Mitchell the resolution be tabled
until the next Board meeting, August 24, 2000.
Discussion followed.
The Chairperson stated a " YES" vote would table the resolution until
the next Board meeting and a "NO" vote would not.
Vote on Millard's motion:
AYES: Galloway, Millard, Moffitt, Causey-Mitchell, Douglas. (5)
NAYS: Gregory, Jensen, Law, McCulloch, McPherson, Melton, Obrecht,
Palmer, Patterson, Sever, Suarez, Taub, Amos, Appel, Buckley, Colasanti,
Coleman, Dingeldey. (18)
A sufficient majority not having voted therefor, the motion failed.
The Chairperson stated a " YES" vote would place the issue on the
ballot and a " NO" vote would not.
Vote on resolution:
AYES: Gregory, Jensen, Law, McCulloch, McPherson, Melton, Obrecht,
Palmer, Patterson, Sever, Suarez, Taub, Amos, Appel, Buckley, Colasanti,
Coleman, Dingeldey. (18)
NAYS: Millard, Moffitt, Causey-Mitchell, Douglas, Galloway. (5)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, 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 August 10, 2000 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 10t4 f day 90e August, 2000.
G. William Caddell, County Clerk
OAKLAND COUNTY, MICHIGAN
GENERAL ELECTION
NOVEMBER 7, 2000
PROPOSAL A
METROPOLITAN ARTS AND CULTURE COUNCIL
CULTURAL, ARTS AND RECREATIONAL PROGRAMS MILLAGE PROPOSAL
COUNTY OF OAKLAND AND COUNTY OF WAYNE
The Metropolitan Arts and Culture Council, will support nonprofit regional cultural
institutions and local arts and recreational programs within its operating area of Oakland
and Wayne Counties. As provided for in Public Act 292 of 1989, as amended, the levy
of a 0.5 mill ad valorem tax (50 cents per thousand dollars of taxable value) will be on
the taxable value of taxable real and personal property located within Oakland and
Wayne Counties, for ten years, 2001 — 2010, inclusive. If approved and levied, this new
additional millage will generate approximately $44,000,000 in 2001.
Shall this proposal be adopted?
YES
NO