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HomeMy WebLinkAboutResolutions - 2006.04.06 - 28064MISCELLANEOUS RESOLUTION #06066 March 23, 2006 By: General Government Committee, William Patterson, Chairperson In Re: Act 196 Public Transportation Authority - Millage Request for August 8, 2006, Ballot To: The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS on March 30, 1995, the Oakland County Board of Commissioners adopted Miscellaneous Resolution #95083, Act 196 Public Transportation Authority-Articles of Incorporation, establishing the Oakland County Public Transportation Authority (0CPTA); and WHEREAS in accordance with the Articles of Incorporation, as adopted and amended, Article VI, OCPTA may not place a millage question before its member communities without the prior authorization of the Oakland County Board of Commissioners; and WHEREAS the granting of authorization by the Oakland County Board of Commissioners supports the right of voters residing in public transit authority opt-in communities to choose whether or not they wish to continue their support of public transit; and WHEREAS the granting of authorization by the Oakland County Board of Commissioners does not constitute either support or non- support of this particular millage issue; and WHEREAS 22 Oakland County communities, including the Cities of Auburn Hills, Berkley, Birmingham, Clawson, Farmington Hills, Ferndale, Hazel Park, Huntington Woods, Madison Heights, Oak Park, Pleasant Ridge, Pontiac, Royal Oak, Southfield and Troy; the Townships of West Bloomfield, Royal Oak and Bloomfield; and the Villages of Beverly Hills, Bingham Farms and Franklin, have chosen to retain membership in the OCPTA and have, either in 1995 and/or in 1998, voted to adopt a millage in support of public transportation services for their communities; and WHEREAS the millage approved by transit authority area voters in 2002 expires with the 2005 tax year; and WHEREAS the Suburban Mobility Authority for Regional Transportation (SMART) has indicated that a continued rate of .60 mils is needed to serviceably fund the needs of the public transit dependent, the senior and the disabled communities. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the Oakland County Public Transportation Authority to utilize Section 18 of the Act 196, MCL 124.468 (Property Taxation), for the purpose of placing before voters residing in the OCPTA area the proposition of establishing a .60 millage rate for the years 2006, 2007, 2008 and 2009, inclusive, to support public transportation within the OCPTA area. GENERAL GOVERNMENT COMMITTEE: Motion carried unanimously on a roll call vote. BE IT FURTHER RESOLVED that the Board of Commissioners recommends the proposition be placed on the August 8, 2006 primary election ballot. BE IT FURTHER RESOLVED that the Board of Commissioners recommends the proposition form 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. GENERAL GOVERNMENT COMMITTEE MAR13 #1 OCPTAMILLAGERES.DOC 2 ELECTION FINANCING AGREEMENT This Election Financing Agreement (hereinafter —Agreement") is entered into by and between the COUNTY OF OAKLAND, a Michigan Municipal and Constitutional Corporation whose address is 1200 N. Telegraph Road, Pontiac, Michigan 48341 (hereinafter —County") and the SUBURBAN MOBILITY AUTHORITY FOR REGIONAL TRANSPORTATION, a Michigan Metropolitan Transportation Authority created pursuant to 1967 P.A. 204, as amended, whose address is First National Building, 660 Woodward Avenue, Ninth Floor, Detroit, Michigan 48226 (hereinafter —SMART"). INTRODUCTION The County has incorporated the Authority for the purpose of operating or providing for the operation of a public transportation system pursuant to the Act and the Amended Articles of Incorporation of the Authority, as amended (the —Articles of Incorporation") were approved by the Oakland County Board of Commissioners. The Authority has levied its authorized millage in the years 2002 through 2005 and used funds generated from these levies to support annual contributions to SMART in consideration of services guaranteed by SMART. In order to allow voters the option of continuing transit services in the County, the County has authorized the Authority to seek a renewal of the expired .60 mills for the years 2006 through 2009 by placing a question on the August 1, 2006 ballot. In consideration of this contribution by the Authority, SMART, through their representatives, has offered to pay the reasonable incremental costs of the millage election called pursuant to the provisions of 1986 P.A. 196 by the Authority. The Oakland County Board of Commissioners has directed the County Clerk to seek reimbursement from SMART for both the County's direct expenses and the County's expenses incurred in reimbursing the local units for those reasonable incremental costs related solely to the election called by the Authority which are in excess of the cost of any election being held concurrently and further directed that an agreement for such reimbursement shall be executed with the County by the SMART prior to the placement of the Authority's millage on the ballot. AGREEMENT 1. In consideration of the County's action in authorizing the Authority to call a millage election for August 1, 2006 for purposes of raising funds for public transportation and the County's effort to conduct and hold such election, the SMART Board hereby authorizes and agrees to reimburse the COUNTY OF OAKLAND for all incremental costs reasonably incurred in connection with calling, holding and otherwise conducting the August 1, 2006 millage election for public transportation which 217423_1.DOC are in excess of the cost of any other elections being held concurrently. 2. In addition, it is expressly understood that SMART agrees to reimburse the County for the reasonable incremental costs incurred to local political subdivisions in the County in connection with the August 1, 2006 election which are in excess of the cost of any election being held concurrently. 3. SMART guarantees payment based upon correct invoices submitted by the Oakland County Clerk. Any village, township or city wishing to be reimbursed for the costs of such election shall furnish all costs to the County Clerk within 30 days after the date of the election. The County Clerk shall then submit said costs, along with those incurred by the County, to SMART for reimbursement. Reimbursements will include interest at the rate of 6.5t from the day of election to the day of payment. All reimbursements for Oakland County cities, villages and townships shall be made by SMART to the Oakland County Clerk. 4. The County acknowledges SMART's interest in entering into an agreement with the Authority guaranteeing certain services in exchange for the contribution of these new tax revenues and that such agreement may contain terms providing for reductions in the levels of guaranteed services to recapture payments under this Agreement in the event proceeds from the tax approved at the election are withheld in any year. 5. NOTICES. All notices or invoices required to be transmitted under this Agreement shall be made in writing and either personally delivered or mailed by certified mail, return receipt requested, to the other party at its address set forth herein or such addresses as the parties may provide in writing from time to time. Any such notice shall be deemed to have been received when delivered if delivered personally or five days subsequent to mailing. 6. GOVERNING LAW. This Agreement shall be construed in accordance with and governed by the laws of the State of Michigan. 7. CONSTRUCTION. The language of all parts of this Agreement shall, in all cases, be construed as a whole according to its fair meaning. As used in this Agreement, the singular or plural number, the possessive or non-possessive, shall be deemed to include the other whenever the context so indicates or requires. The parties agree that this Agreement inured to the benefit and is binding upon the heirs, executors, administrators and successors of the parties hereto. 8. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the election financing for the August 1, 2006 millage election for public transportation, and this Agreement shall not be modified, amended, altered, or changed except with the written consent of both parties hereto. Any provisions of this Agreement found to 217423_1.DOC 2 be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the Agreement. 9. EXECUTION IN COUNTERPARTS. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, Dan Dirks, General Manager of SMART, hereby acknowledges that he has been authorized by Resolution of the SMART Board to execute this Agreement on behalf of SMART, a Michigan public benefit agency and instrumentality of the State with all the powers of a public corporation, as provided in 1967 P.A. 204, as amended, and hereby accepts and binds SMART to the terms and conditions of this Agreement on this day of , 2006. WITNESSES: SUBURBAN MOBILITY FOR REGIONAL TRANSPORTATION, a Michigan Public Corporation By: Dan Dirks General Manager IN WITNESS WHEREOF, RUTH JOHNSON, Clerk-Register of Deeds for the COUNTY OF OAKLAND, hereby acknowledges that she has been authorized by Resolution of the Oakland County Board of Commissioners to execute this Agreement on behalf of the COUNTY OF OAKLAND, a Michigan Municipal and Constitutional Corporation, and hereby accepts and binds the COUNTY OF OAKLAND to the terms and conditions of this Agreement on this day of 2006. WITNESSES: COUNTY OF OAKLAND, a Michigan Municipal and Constitutional Corporation By: Ruth Johnson Clerk-Register of Deeds MAR130CPTAELECTFINANCE AGREE .DOC 3 OAKLAND COUNTY PUBLIC TRANSPORTATION AUTHORITY STATE OF MICHIGAN RESOLUTION CALLING MILLAGE ELECTION WHEREAS, the Oakland County Board of Commissioners has approved the adoption of the Amended Articles of Incorporation of the Oakland County Public Transportation Authority (the "Authority"), as amended (the "Articles of Incorporation"), pursuant to Act 196, Public Acts of Michigan, 1986, as amended (the "Act"), and those Articles of Incorporation have been executed, filed and published in accordance with the Act; and WHEREAS, the Oakland County Public Transportation Authority (the "Authority"), desires to continue to raise monies to continue to finance the operation of a public transportation system in order to maintain the expansion of public transportation services offered within Oakland County (the "County"), and ensure the continuation of elderly and disabled transit services and line haul services in the County; and WHEREAS, the Act authorizes the Authority to levy a tax on all of the taxable property within the limits of the Authority to finance public transportation service; and WHEREAS, as required by the Articles of Incorporation, the Oakland County Board of Commissioners has approved the calling of an election by the Authority for the purpose of placing the millage renewal and increase question upon the ballot; WHEREAS, the Act and Article 9, Section 6 of the State Constitution of 1963, as amended, require the approval of the qualified electors residing within the boundaries of the Authority to increase the limitation on the amount of taxes which the Authority is authorized by law to levy for purposes of financing public transportation; NOW, THEREFORE, BE IT RESOLVED: 1. The Board of the Authority (the "Board") hereby calls an election of the qualified electors of the Authority for August 8, 2006 on the proposition of seeking a renewal on the amount of taxes which may be imposed on taxable property within the limits of the Authority of .60 mills for the years 2006 to 2009, inclusive ; to continue support for a public transportation system serving the elderly, disabled, and the general public of the County of Oakland. 217780_1,00C 2. The proposition to be submitted at the election shall be stated on a separate ballot, or as a separate proposition on a voting machine, in substantially the following form: OAKLAND COUNTY PUBLIC TRANSPORTATION MILLAGE RENEWAL If approved, this proposal will renew the .60 mills levied by the Oakland County Public Transportation Authority in 2002, for the years 2002 through 2005, and will allow continued support to the Suburban Mobility Authority for Regional Transportation (SMART) for a public transportation system serving the elderly, disabled, and general public of Oakland County. As a renewal of the mills which expired with the 2005 tax levy, shall the limitation on the amount of taxes imposed on taxable property in the Oakland County Public Transportation Authority area be renewed at .80 mills (60 cents per $1,000 of taxable value) for four (4) years, 2006, 2007, 2008 and 2009, inclusive, for the purpose of providing funds for the support of a public transportation system serving the elderly, disabled, and general public of the County of Oakland? It is estimated that .60 mills would raise approximately $19,3 million when levied in 2006. 3. The Chairperson of the Authority is directed to file a copy of this resolution with the clerk of each city or township within the boundaries of the Authority as of the date of this resolution within sixty (60) days before the date of the election and to notify the Oakland County Clerk of each city and township within the boundaries of the Authority as of a date thirty (30) days prior to the date of the election. 4, The Chairperson of the Authority is hereby authorized and directed to request the Oakland County Election Scheduling Committee for approval of the date of the election, and to do all things necessary for the election as are required by law of the Authority to be done, 5. The Oakland County Clerk is requested to do all things and provide all supplies necessary for the election, as required by law to be done, 217780_1,00C 2 EURICK CRAYTON, JR., BECREtARY EuRICK CRArroN, JR., SECRETAR 6. This Resolution shall take immediate effect. I hereby certify that the foregoing is a true and complete copy of a resolution duly adopted by the Board of Directors of the Oakland County Public Transportation Authority, at a meeting held on Kra g 2006, at 10:00 a.m.. prevailing Eastern Time, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act 267. If the above meeting was a Meeting, I further certify that notice of said Meeting was given to each member of the Board. I further certify that the following Members were present at said meeting: and that the following Members were absent: ifurther certify that Member lurid( erAti-o4 moved for adoption of said resolution and that Member A4itew 41/res.s I supported said motion, I further certify that the following Members voted for adoption of said resolution: and that the following Members voted against adoption of said resolution: 217780_1 3 FISCAL NOTE (MISC. 106066) April 6, 2006 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: ACT 196 PUBLIC TRANSPORTATION AUTHORITY - MILLAGE REQUEST FOR AUGUST 8, 2006, BALLOT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1) The resolution authorizes the Oakland County Public Transportation Authority to utilize Section 18 of the Act 196, MCI, 124.468 (Property Taxation), for the purpose of placing before voters residing in the OCPTA area the proposition of establishing a .60 millage rate for the years 2006, 2007, 2008 and 2009, inclusive, to support public transportation within the OCF:A area 2) The proposition is to be placed on the August 8, 2006 primary election ballot. 3) There are no financial implications to the County by placing this proposition on the primary election ballot for August 8, 2006. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll vote with Long and Woodward absent. Resolution #06066 March 23, 2006 The Chairperson referred the resolution to the Finance Committee. There were no objections. Ruth Johnson, County Clerk Resolution #06066 April 6, 2006 Moved by Patterson supported by Moss the resolution (with fiscal note attached) be adopted. Moved by Moss supported by Middleton the last WHEREAS paragraph and the NOW BE IT FURTHER RESOLVED paragraph be amended to change the millage rate from .60 to .59 to read as follows: WHEREAS the Suburban Mobility Authority for Regional Transportation (SMART) has indicated that a continued rate of ,60 .59 mills is needed to serviceably fund the needs of the public transit dependent, the senior and the disabled communities. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the Oakland County Public Transportation Authority to utilize Section 18 of the Act 196, MCL 124.468 (Property Taxation), for the purpose of placing before voters residing in the OCPTA area the proposition of establishing a .60 .59 millage rate for the years 2006, 2007, 2008 and 2009, inclusive, to support public transportation within the OCPTA area. A sufficient majority having voted in favor, the resolution, as amended, (with fiscal note attached) was adopted. I MY ANN TIE RIMIONG NOWT. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, 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 6, 2006, 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 6th day of April, 2006.