HomeMy WebLinkAboutResolutions - 2008.07.31 - 9482Miscellaneous Resolution # 08140 July 17, 2008
BY: General Government Committee, Christine A. Long, Chairperson
RE: Board of Commissioners — Oakland County Zoological Authority Interlocal Agreement
with Oakland County to Reimburse Election Expenses
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in accordance with Public Act 49 of 2008, the Oakland County Board of
Commissioners adopted Miscellaneous Resolution #08090, which established the Oakland County
Zoological Authority and adopted its Articles of Incorporation; and
WHEREAS the Zoological Authority ("Authority') provides a mechanism for providing public
funding for zoological services for the students, residents, and visitors to Oakland County, and
WHEREAS the Authority is authorized to utilize the property tax provisions of Public Act 49 of
2008, to place before the electors of Oakland County at the Primary Election on August 5, 2008, the
proposition of establishing a 0.1 millage rate (10 cents per $1,000 taxable value) on real and personal
property for ten (10) years, being years 2008 through 2017, to support zoological services to benefit
the residents of Oakland County; and
WHEREAS Article V. Section 10 of the Oakland County Zoological Authority's Articles of
Incorporation provide that, "Prior to any election proposing a tax levy in support of the Authority, the
Authority shall enter into a contract with the County of Oakland requiring the Authority to reimburse
the County of Oakland and the local government units within Oakland County for all costs incurred in
connection with the election"; and
WHEREAS the attached Interlocal Agreement requires the Oakland County Zoological
Authority to fully reimburse the County of Oakland for all election costs incurred in connection with
the zoo millage proposition on the August 5, 2008, Piimary Ballot.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby approves the adoption of the Interlocal Agreement, attached hereto, which provides that the
Oakland County Zoological Authority is to reimburse the County of Oakland and the Iotal
government units within Oakland County for all election costs incurred in connection with the
proposed millage on the Primary Election of August 5, 2008.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes
the Chairperson of the Board of Commissioners to sign the rnterlocal Agreement.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies
of this adopted resolution to the Oakland County Zoological Authority.
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 with Suarez and Greimel absent.
AGREEMENT FOR REIMBURSEMENT OF ELECTION COSTS
BETWEEN
OAKLAND COUNTY
AND
OAKLAND COUNTY ZOOLOGICAL AUTHORITY
This Reimbursement of Election Costs Agreement (the "Agreement") is made between Oakland
County, a Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan
48341 ("County"), and the- Oakland County Zoological Authority, a public corporate body,
("Authority"). In this Agreement the County shall be represented by the Oakland County Clerk, in her
official capacity as a Michigan Constitutional Officer. The County and the Authority may also be
referred to jointly as "Parties".
PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL
124.501, et seq., and the Zoological Authorities Act, 2008 PA 49_ MCL 123.1161, et seq., the County
and the Authority enter into this Agreement for the purpose of reimbursing the County for the actual
costs it incurs relative to an election approving an Authority sponsored tax proposal.
In consideration of the mutual promises, obligations, representations, and assurances in this
Agreement, the Parties agree to the following:
1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether
used in the singular or plural, within (le without quotation marks, or possessive or nonpossessive,
shall be defined, read, and interpreted as follows.
.1. Agreement means the terms and conditions of this Agreement and any other mutually
agreed to written and executed modification, amendment, or addendum.
1.2. Authority .means the Oakland County Zoological Authority, a Zoological Authority under
Public Act 49 of 2008 and an Authority under Section 6 of Article IX of the state
constitution of 1963, including, but not limited to, its Council, Board, any and all of its
departments, its divisions, elected and appointed officials, directors, board members,
council members, commissioners, authorities, committees; employees, agents,
subcontractors, attorneys, volunteers, and/or any such persons' successors.
1.3. Counts' means Oakland County, a Municipal and Constitutional Corporation including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons' successors.
1.4. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 pm.
1.5. Municipalities mean the fifty -one cities or townships in Oakland County that conduct
local elections.
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ELECTION REIMBURSEMENT- INTERLOCAL AGREEMENT
1 COUNTY RESPONSIBILITIES.
2.1. The County shall place on all County-wide ballots a tax proposal presented to the Couinty
Clerk, by the Authority at least seventy-days prior to an election and meeting all other
requirements of Michigan Election law.
2.2. The County shall provide the Authority with an itemized list of the actual costs the County
incurs in an election where a majority of the electors in the county approve an Authority
tax proposal. The itemized list of costs shall be provided to the Authority no later than
ninety (90) days after the date of the election.
2.3. On behalf of County Municipalities, County shall provide the Authority with an itemized
list . of the actual costs the Municipalities incur that are exclusively attributable to the
eleetion if a majority of the electors in the county approve an Authority tax proposal. In
the event that the Authority tax proposal is not held in conjunction with a regularly
scheduled election in a municipality within Oakland County, and the voters approve , the
Authority tax proposal, County shall also provide the Authority with an itemized list of the
actual costs the Municipalities incur in conducting the election.
3. AUTHORITY RESPONSIBILITIES,
3.1. Pursuant to MCL 168.646a, no later than seventy (70) days prior to each election in which
the Authority wishes to have a tax proposal appear on the ballot, the Authority shall
provide the County with a resolution of the Authority Board containing the language to be
placed on the ballot.
4. DURATION OF INTERLOCAL AGREEMENT.
4.1 The Agreement and any amendments hereto shall be effective when executed by both
Parties with concurrent resolutions passed by the governing bodies of each Party. The
approval and terms of this Agreement and any amendments hereto shall be entered in the
official minutes of the governing bodies of each Party. An executed copy of this
Agreement and any amendments shall be filed by the County Clerk with the Secretary of
State.
4.2 Unless extended by mutual, written agreement by both Parties, this Agreement shall
remain in effect for one (1) year from the date the Agreement is completely executed by all
Parties or until the Authority reimburses the County as provided herein, whichever event
occurs first.
.5. PAYMENTS.
5.1. The County shall prepare and forward to the Authority an itemized invoice for the actual
costs the County incurs pursuant to this Agreement. The Authority agrees to pay the full
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BALLOT LAYOUT AND PROGRAMMING SERVICE - INTERLOCAL AGREEMENT
amount of the actual costs shown on any such invoice within thirty (30) calendar days
after the date shown on any such invoice.
5.2. The Authority shall reimburse the Municipalities directly for the costs properly provided
to it by County herein on behalf of the Municipalities in accordance with MCL 123.1181.
6. ASSURANCES.
6.1. Each Party shall be responsible for its own acts and the acts of its employees, and agents,
the costs associated with those acts, and the defense of those acts.
6.2. This Agreement does not create any direct or indirect obligation or right to be indemnified
(i.e., contractually, legally, equitably or by implication) nor any right to be subrogated to
any rights in this Agreement.
6.3. The Parties have taken all actions and secured all approvals necessary to authorize and
complete this Agreement. The persons signing this Agreement on behalf of each Party
have legal authority to sign this Agreement and bind the Parties to the terms and
conditions contained herein.
6.4. Each Party shall comply with all federal, state, and local ordinances, regulations,
administrative rules, and requirements applicable to its activities performed under this
Agreement.
7, LIMITATION OF LIABLITY. In no event shall either Parry be liable to the other Party or any
other person, for any consequential, incidental, direct, indirect, special, and punitive or other
damages arising out of this Agreement.
8. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive, impair,
divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege,
power, obligation, duty, or immunity of the Parties.
9, DELEGATION OR ASSIGNMENT. Neither Party shall delegate or assign any obligations or
rights under the Agreement without the prior written consent of the other Party.
10. FORCE MAJEURE. Notwithstanding any other term or provision of this Contract, neither
Party shall be liable to the other for any failure of performance hereunder if such failure is due to
any cause beyond the reasonable control of that Pam , and that Party cannot reasonably
accommodate or mitigate the effects of any such cause. Such cause shall include, without
limitation, acts of God, fire, explosion, vandalism, any law, order, regulation, direction, action, or
request of the United States government or of any other government, national emergencies,
insurrections, riots, wars, strikes, lockouts, work stoppages, or other labor difficulties.
Reasonable notice shall be given to the affected Party of any such event.
11. NOTICES. Notices given under this Agreement shall be in writing and snail be personally
delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid,
and addressed to the person listed below. Notice will be deemed given on the date when one of
the following first occur: (1) the date of actual receipt; (2) the next business day when notice is
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. BALLOT LAYOUT AND PROGRAMMING SERVICES - INTERLOCAL„AGREEMENT
sent express delivery service or personal delivery; or (3) three days after mailing first class or
certified U.S. mail.
11.1. If Notice is sent to the County, it shall be addressed and sent to: Oakland County Clerk,
1200 North Telegraph Road, Pontiac, Michigan, 48341 and Chairperson of the Oakland
County Board of Commissioners, 1200 North Telegraph, Pontiac, Michigan 48341.
11,2. If Notice is sent to the Authority, it shall be addressed to: Chairperson, Oakland County
Zoological Authority, C/0 Director, Oakland County Board of Commissioners, 1200
North Telegraph, Pontiac, Michigan 48341.
11.3. Either Party may change the address and/or individual to which Notice is sent by notifying
the. other Party in writing of the change.
12. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE, This Agreement shall
be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise
required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising
under or related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State of
Michigan, the 50th District Court of the State of Michigan, or the United States District Court for
the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of
the court. Except as otherwise required by law or court rule, venue is proper in the courts set
forth above.
13. ENTIRE AGREEMENT. This Agreement represents the entire agreement and understanding
between the Parties. This Agreement supersedes all other oral or written agreements between the
Parties. The language of this Agreement shall be construed as a whole according to its fair
meaning, and not construed strictly for or against any Party.
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BALLOT LAYOUT AND PROGRAMMING SERVICES - /NTERLOCAL AGREEMENT
IN WITNESS WHEREOF, Jeff Hauswirth, Chairperson, Oakland County Zoological Authority,
hereby acknowledges that he has been authorized by a resolution of the Oakland County Zoological
Authority, a certified copy of which is attached, to execute this Agreement on behalf of the Authority
and hereby accepts and binds the Authority to the terms and conditions of this Agreement.
EXECUTED: DATE:
Jeff Hauswirth, Chairperson,
Oakland County Zoological Authority
WITNESSED: DATE:
IN WITNESS WHEREOF, Bill Bullard, Jr.. Chairperson, Oakland County Board of Commissioners,
hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of
Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this
Agreement.
EXECUTED: DATE:
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: . DATE:
IN WITNESS WHEREOF, • Ruth Johnson, in her official capacity as the Oakland County Clerk, a
Michigan Constitutional Office, hereby concurs and accepts the terms and conditions of this
Agreement.
EXECUTED: DATE:
Ruth Johnson, Clerk/Register of Deeds
County of Oakland
'WITNESSED: DATE:
2008-0555Eiectu11Reimbirrsement1ntcr1acal.doc
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BALLOT LAYOUT AND PROGRAMMING- SERVICa - INTERLOCAL AGREEMENT
Resolution #08140 July 17, 2008
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #08140) July 31, 2008
BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON
IN RE: BOARD OF COMMISSIONERS - OAKLAND COUNTY ZOOLOGICAL AUTHORITY
INTERLOCAL AGREEMENT WITH OAKLAND COUNTY TO REIMBURSE ELECTION EXPENSES
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. In accordance with Public Act 49 of 2008, the Oakland
County Board of Commissioners adopted Miscellaneous
Resolution 408090, establishing the Oakland County
Zoological Authority and adopted its Articles of
Incorporation.
2. The attached Interlocal Agreement requires the Oakland
County Zoological Authority to fully reimburse Oakland
County for all election costs incurred in connection with
the zoo millage proposition on the August 5, 2008 primary
ballot.
3. No General Fund/General Purpose amendment is recommended at
this time.
FINANCE COMXITTEE
FINANCE COMMITTEE
Motion carried on a roll call vote with Douglas voting no and Rogers, Potter and Woodward
absent,
Resolution #08140 July 31, 2008
Moved by Long supported by Zack the resolution (with fiscal note attached) be adopted.
AYES: Coleman, Coulter, Crawford, Gershenson, Gingell, Gregory, Greimel, Hatcheff, Jacobsen,
KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard,
Burns. (22)
NAYS: Douglas. Gosselin, (2)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
irt•
I HEREBY APPROVE_ THUM-601E RESOLUTION
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 July
31, 2008, 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 31st day of July, 2008.
ede
Ruth Johnson, County Clerk