Loading...
HomeMy WebLinkAboutResolutions - 2007.04.26 - 28332x do MISCELLANEOUS RESOLUTION 1107092 di)1411j April 26, 2007 r dr ‘l By: General Government Committee, Christine Long, Chairperson In Re: Act 196 Public Transportation Authority - Amendment to the Amended ANt:1 ‘ Articles of Incorporation of the Oakland County Public Transportation Authority Dated June 8, 1995 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 the Oakland County Board of Commissioners adopted Miscellaneous Resolution #95171, Miscellaneous Resolution 496044, Miscellaneous Resolution #96216, Miscellaneous Resolution 497147, Miscellaneous Resolution #97264 and Miscellaneous Resolution 402112 to amend the OCPIA Articles of Incorporation; and WHEREAS the Authority, pursuant to Section 457 of P.A. 1986, No. 196, the Public Transportation Act, MCLA 124.451 et. Seq. (The "Act"), may add a political subdivision as a member of the Authority, NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners further amends the Oakland County Public Transportation Authority Amended Articles of Incorporation as follows: I. Article II of the Articles is hereby amended and restated in its entirety to read as follows: 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; 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, Troy and Walled Lake; the Townships of Bloomfield, West Bloomfield and Royal Oak; 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 incornoraticn, shall be "Members" of the Authority as defined in the Act. BE IT FURTHER RESOLVED that the County Clerk is directed to forward copies of this resolution and Attachment A to the Oakland County Public Transportation Authority, the Oakland County Clerk, the Michigan Secretary of State and the State Department of Transportation for filing as required by Act 196. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE GENERAL GOVERNMENT COMMITTEE VOTE: Motion carried unanimously on a roll call vote. COUNTY OF OAKLAND NOTICE OF ADOPTION OAKLAND COUNTY PUBLIC TRANSPORTATION AUTHORITY PLEASE TAKE NOTICE that the Oakland County Board of Commissioners during a meeting held in Pontiac, Michigan on , 2007, adopted the following Amendment to the Amended Articles of Incorporation for the Oakland County Public Transportation Authority: AMENDMENT TO THE AMENDED ARTICLES OF INCORPORATION OF THE OAKLAND COUNTY PUBLIC TRANSPORTATION AUTHORITY DATED JUNE 8, 1995 This Amendment to the Amended Articles of Incorporation of the Oakland County Public Transportation Authority (the "Authority") is made and executed this day of , 2007. WITNESSETH' WHEREAS, on June 8, 1995, the Oakland County Board of Commissioners (the "Commissioners") during a meeting held in Pontiac, Michigan adopted the Amended Articles of Incorporation for the Authority; WHEREAS, the Commissioners have executed and filed certain Amendments to the Authority's Amended Articles between June 8, 1995 and the date of this Notice; WHEREAS, the Authority, pursuant to Section 457 of P.A. 1986, No. 196, the Public Authority Transportation Act, MCLA 124.151 et seq. (the "Act"), may add a political subdivision as a Member of the Authority; NOW THEREFORE, IT IS AGREED by and between the parties hereto, that said Amended Articles of Incorporation be and hereby further amended as follows' 1. Article ll of the Articles is hereby amended and restated in its entirety to read as follows: 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; 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, Troy and Walled Lake; the Townships of Bloomfield, West Bloomfield and Royal Oak; 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. 2. This Amendment is hereby incorporated into and made a part of the Amended Articles of Incorporation. In all other respects, except as hereinbefore modified and amended, the Authority hereby ratifies and confirms the Amended Articles. IN WITNESS WHEREOF, the Chairperson of the Oakland County Board of Commissioners has executed this Amendment to the Amended Articles of Incorporation as of the day and year first written above. THE COUNTY OF OAKLAND: By: Bill Bullard, ,Jr. Its: Chairperson ENDORSEMENT The foregoing Amendment to the Amended Articles of Incorporation was adopted by an affirmative vote of a majority of the members serving on the governing or legislative body of Oakland County, Michigan at a meeting held on the day of , 2007. Dated: 2006 Ruth Johnson Oakland County Clerk 2 City of Auburn Hills City of Birmingham City of Farmington City of Ferndale City of Huntington Woods City of Oak Park City of Pontiac City of Southfield City of Walled Lake Township of Royal Oak Village of Beverly Hills Village of Franklin Cityof Berkley City of Clawson City of Farmington Hills City of Hazel Park City of Madison Heights City of Pleasant Ridge City of Royal Oak City of Troy Township of Bloomfield Township of West Bloomfield Village of Bingham Farms RESOLUTION OF THE BOARD OF THE OAKLAND COUNTY PUBLIC TRANSPORTATION AUTHORITY WHEREAS, the Articles of Incorporation of the Oakland Count y Public Transportation Authority (the "Authority") were filed with the Michi gan Secretary of State, the Oakland County Clerk and the Director of the Department of Transportation prior to June 8, 1995; WHEREAS, between June 8, 1995 and April 4, 2007, various Amendments to the Amended Articles of Incorporation of the Authority were filed with the Michi gan Secretary of State, the Oakland County Clerk and the Director of the Department of Transportation; an WHEREAS, pursuant to MCLA 124.457, being Section 457 of P.A. No. 196, the th Authority's Board desires to admit the City of Walled Lake as a Member of e Authority and ratify, confirm and acknowledge the previous admission of additional political subdivisions or portions of cities, villages, or townships, via an Amendment to the Amended Articles of Incorporation; be it therefore RESOLVED, the Board hereb y approves, confirms and ratifies the Amendment to the Amended Articles of Incorporation attached herewith, which adds the Cit y of Walled Lake as a Member of the Authority and further confirms and ratifies that the Members of the Authorit y are: FURTHER RESOLVED, the Chairperson of the Oakland Count y Board of Commissioners is authorized, empowered and directed in the name of and on behalf of the Authority to execute the Amendment to the Amended Articles of Incorporation. Dated: April 4, 2007 OAKLAND COUNTY PUBLIC TRANSPORTATION AUTHORITY a Michigan statutory authority BY: Eurick Crayton, Jr., Chairperson 560188v1 City of Walled Lake 1499 E. %Vest Maple Walled Lake, Michigan 48390 (248) 624-4847 Fax (248) 624-1616 www.walledlake.com February 22, 2007 Mr. Mark R. Adams Attorney at Law Hall, Render, Killian, Heath & Lyman, PLLC Columbia Center. Suite 315 201 W. Big Beaver Road Troy, MI 48084 RE: Oakland County Public Transportation Authority Dear Mr. Adams: Enclosed please find the executed OCPTA Resolution, which was unanimously approved at the February 20, 2007 regular City Council meeting. Sincerely, Hi Catherine Buck, CMC City Clerk Pride in our past — Faith in our future nica A. Lesnau William Qualdney 5466411/1 eather F. M. Hill CITY OF WALLED LAKE Resolution of City Council The undersigned, all Members of the Walled Lake City Council (the "Council"), do hereby certify that each is a duly elected Member of the Council, and as such is authorized to execute this Resolution on behalf of the City of Walled Lake; and do hereby further certify on behalf of the City of Walled Lake as follows: 1. Pursuant to the Michigan Public Transportation Authority Act, MCI.. 124451 et. seq. (the "Act"), the Council, acting in accordance with its governing documents and the Act, has voted to become a member community of the Oakland County Public Transportation Authority (the "OCPTA"). 2. The Council hereby requests that the OCPTA approve the City of Walled Lake's membership in the OCPTA, in accordance with the Act and in the customary manner, as soon as possible. We, the Members of the Walled Lake City Council, have hereunto set our signatures as of the .4c r t'day of br„ ,2007. William T. Roberts 456008.1 Resolution #07092 April 26, 2007 Moved by Middleton supported by Gershenson the resolutions (with fiscal notes attached) on the amended Consent Agenda, be adopted (with accompanying reports being accepted). AYES: Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda, were adopted (with accompanying reports being accepted). I HEREBY APPROVE THE FOREGOING RESOLUTION ,s7/ /o7 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 26, 2007, 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 26th day of April, 2007. Ruth Johnson, County Clerk