OAKLAND COUNTY ZOOLOGICAL AUTHORITY

Transcription

1 OAKLAND COUNTY ZOOLOGICAL AUTHORITY AGENDA Tuesday, May 10, 2016, 12:00 p.m. Board of Commissioners Pernick-Aaron Conference Room 1200 N. Telegraph Road, Bldg. 12E Pontiac, MI Call to Order 2. Roll Call 3. Approval of the Previous Minutes of March 30, Approval of the Agenda 5. Public Comment 6. Certification of Levy and Collection of Tax for Detroit Zoological Society s Campaign for August 2, 2016 Renewal of Millage on Ballot 8. Oakland County Zoological Authority Interlocal Agreement with Oakland County to Reimburse Election Expenses 9. Contract Between Detroit Zoological Society and Oakland County s Zoological Authority 10. Consideration in Budget for Potential Election Reimbursement Expenses for 2016/ Communications 12. Other Business 13. Adjourn

2 OAKLAND COUNTY ZOOLOGICAL AUTHORITY RESOLUTION FOR LEVY AND COLLECTION OF MILLAGE WHEREAS Act 49 of the Public Acts of 2008 authorizes the Oakland County Zoological Authority to levy a tax of not more than 0.1 mill for a period of not more than 20 years on all taxable property within the County of Oakland, upon the approval of the tax by a majority of the electors in Oakland County voting at a statewide general or primary election, for the purpose of providing revenue to an accredited zoological institution to continue providing zoological services for the benefit of the residents of Oakland County; and WHEREAS a majority of Oakland County electors voting in the Primary Election August 2, 2016, authorized the Authority to levy a tax of not more than 0.1 mil (10 cents per $1,000 of taxable value) on real and personal property within Oakland County for a period of ten (10) years, being years 2008 through This year, due to the Headlee Rollback Amendment, the Authority is authorized to levy a tax of not more than for FY NOW THEREFORE BE IT RESOLVED that the Oakland County Zoological Authority hereby declares and certifies the levy on the real and personal property within Oakland County of mill (about 10 cents per $1,000) on each dollar of the taxable value of real and personal property within Oakland County, in conformance with the Michigan Constitution 1963, Article 9, Section 31, and any legislation implementing said section of the Constitution. BE IT FURTHER RESOLVED that the taxes shall be levied and collected in December. BE IT FURTHER RESOLVED that this resolution shall be forwarded to the appropriate officials of Oakland County and all taxing jurisdictions within the county, advising them to take whatever action is necessary and proper to effectuate the levy and collection of the authorized tax mill in compliance with this resolution. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Zoological Authority is authorized to execute all documents necessary for the levy and collection of the authorized referenced tax mill. Motion for approval by, supported by. OAKLAND COUNTY ZOOLOGICAL AUTHORITY May 10, 2016 Jeff Hauswirth, Chairperson

3 ORIGINAL TO: County Clerk(s) Michigan Department of Treasury COPY TO: Equalization Department(s) L (Rev. 4/16) COPY TO: Each township or city clerk 2016 Tax Rate Request (This form must be completed and submitted on or before September 30, 2016) MILLAGE REQUEST REPORT TO COUNTY BOARD OF COMMISSIONERS Carefully read the instructions on page 2. This form is issued under authority of MCL Sections e, and d. Filing is mandatory; Penalty applies. County(ies) Where the Local Government Unit Levies Taxes 2016 Taxable Value of ALL Properties in the Unit as of OAKLAND Local Government Unit Requesting Millage Levy OAKLAND COUNTY ZOOLOGICAL AUTHORITY 52,706,863,613 For LOCAL School Districts: 2016 Taxable Value excluding Principal Residence, Qualified Agricultural, Qualified Forest, Industrial Personal and Commercial Personal Properties if a millage is levied against them. You must complete this form for each unit of government for which a property tax is levied. Penalty for non-filing is provided under MCL Sec The following tax rates have been authorized for levy on the 2016 tax roll. (8) (5)** (6) (7) Sec (4) Truth in (10) (11) Original Millage Rate Current Year Millage Rate Assessing or (9) Millage Millage (12) Millage Permanently "Headlee" Permanently Equalization Maximum Requested Requested Expiration (2) (3) Authorized Reduced by Millage Reduced by Millage Allowable to be to be Date of (1) Purpose of Date of by Election, MCL d Reduction MCL d Rollback Millage Levied Levied Millage Source Millage Election Charter, etc. "Headlee" Fraction "Headlee" Fraction Levy* July 1 Dec. 1 Authorized Voted Operating 08/05/ /31/2017 Prepared by Telephone Number Title of Preparer Date CERTIFICATION: As the representatives for the local government unit named above, we certify that these requested tax levy rates have been reduced, if necessary to comply with the state constitution (Article 9, Section 31), and that the requested levy rates have also been reduced, if Local School District Use Only. Complete if requesting necessary, to comply with MCL Sections e, and, for LOCAL school districts which levy a Supplemental (Hold Harmless) Millage, millage to be levied. See STC Bulletin 3 of 2016 for (3). instructions on completing this section. Total School District Operating Clerk Signature Print Name Date Rates to be Levied (HH/Supp Secretary and NH Oper ONLY) Rate Chairperson Signature Print Name Date For Principal Residence, Qualified President Ag, Qualified Forest and Industrial Personal *Under Truth in Taxation, MCL Section e, the governing body may decide to levy a rate which will not exceed the maximum authorized For Commercial Personal rate allowed in column 9. The requirements of MCL e must be met prior to levying an operating levy which is larger than the base tax rate but not larger than the rate in column 9. For all Other ** IMPORTANT: See instructions on page 2 regarding where to find the millage rate used in column (5).

4 RESOLUTION Whereas pursuant to Public Act 49 of 2008 and MR 08090, the Oakland County Board of Commissioners established the Oakland County Zoological Authority and adopted Articles of Incorporation for the Authority on May 14, 2008; and Whereas pursuant to PA 49 and the adopted Articles of Incorporation, the Zoological Authority may seek authorization to levy a tax to provide revenue to an accredited zoological institution. NOW THEREFORE BE IT RESOLVED that the Oakland County Zoological Authority seeks authorization from the electors of Oakland County at the August 2, 2016 Primary Election to levy a tax of not more than 0.1 mill (10 cents per $1,000 of taxable value) on real and personal property, for a period of ten (10) years, 2018 through 2027, to provide revenue for the continuation of zoological services to benefit the residents of the County. It is estimated that if approved and levied, this new millage will generate approximately $5,609,562 in The ballot proposal is attached as Exhibit A. BE IT FURTHER RESOLVED that the County Clerk is requested to do all things necessary for the placing of this question on the August 2, 2016 ballot as required by law. Jeff Hauswirth, Chairperson OAKLAND COUNTY ZOOLOGICAL AUTHORITY

5 OAKLAND COUNTY ZOOLOGICAL AUTHORITY RENEWAL MILLAGE The Oakland County Zoological Authority was established pursuant to Public Act 49 of 2008 and formed to allow for continuing zoological services for the students, residents and visitors of Oakland County. The law allows the Authority to seek authorization from the electors to levy a tax on real and personal property to provide revenue to an accredited zoological institution for this purpose. Accordingly, as a renewal of the previously approved millage authorization which expires with the 2017 tax levy, to continue providing zoological services to benefit the residents of the County, shall the 0.1 mill (10 cents per $1,000 of taxable value) on all of the taxable property located within the County continue to be imposed for a period of ten (10) years, being years 2018 through 2027? It is estimated that if approved and levied, this millage would generate approximately $5,609,562 in Shall this proposal be adopted? YES NO

6 MISCELLANEOUS RESOLUTION # BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS AUTHORIZATION FOR THE OAKLAND COUNTY ZOOLOGICAL AUTHORITY TO UTILIZE THE PROPERTY TAX PROVISIONS OF PUBLIC ACT 49 OF 2008 TO PLACE A MILLAGE QUESTION ON THE AUGUST 2, 2016 PRIMARY ELECTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Detroit Zoo is a cultural institution which is an important part of the economic vitality of Oakland County and the entire region, playing a critical role in attracting tourists and providing unique educational opportunities for our residents; and WHEREAS in 2008, it was recognized that the future of the Detroit Zoo was at risk unless ongoing funding support on a regional basis could be secured; and WHEREAS Public Act 49 of 2008 authorizes the creation of a county Zoological Authority with the power to enter into a contract with an accredited zoological institution for services and to place before the voters the proposition of establishing a tax on real and personal property in an amount not greater than.2 mills for a period of not more than 20 years; and WHEREAS the Oakland County Board of Commissioners approved the adoption of the Articles of Incorporation of the Oakland County Zoological Authority on May 14, 2008; and WHEREAS the Board of Commissioners authorized the Oakland County Zoological Authority to place on the August, 5, 2008 Primary Election ballot 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 the Oakland County Zoological Authority entered into an agreement with the Detroit Zoological Society to provide zoological services on July 28, 2008, with a term of November 30, 2008 through November 30, 2018; and WHEREAS the millage question was approved by the voters of Oakland County at the August 5, 2008 Primary Election, receiving 81.58% of the votes cast; and WHEREAS the Articles of Incorporation of the Oakland County Zoological Authority require that the Authority shall secure the approval of the Oakland County Board of Commissioners, separately for each proposed ballot proposal, both as to the amount and duration of any levy. WHEREAS the Oakland County Zoological Authority has formally requested authorization from the Board of Commissioners to place on the August 2, 2016 Primary Election ballot the proposition of renewing the current authorized millage levy for a period of 10 years following the expiration of the current millage term in NOW THEREFORE BE IT RESOLVED that, pursuant to the Articles of Incorporation of the Oakland County Zoological Authority, the Oakland County Board of Commissioners hereby authorizes the Oakland County Zoological Authority to utilize the property tax provisions of the Public Act 49 of 2008 to place before the electors of Oakland County at the Primary Election on August 2, 2016, 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 2018 through 2027, to support zoological services for the benefit of the residents of Oakland County, Chairperson, I move the adoption of the foregoing Resolution. GENERAL GOVERNMENT COMMITTEE Copy of Oakland county Zoological Authority Renewal Millage and Oakland County Equalization Zoo Tax Estimate on file in County Clerk s office.

7 Resolution #16118 May 5, 2016 Moved by Long supported by Zack the resolution be adopted. AYES: Fleming, Gershenson, Gingell, Hoffman, Jackson, Kowall, Long, McGillivray, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Crawford, Dwyer. (16) NAYS: Gosselin, Middleton, Scott. (3) A sufficient majority having voted in favor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, 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 May 5, 2016, 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 5 th day of May, Lisa Brown, Oakland County

8 Oakland County Equalization Zoo Tax Estimate Taxable Value 2018 Estimate * 2016 TV 2017 TV (Est 4%) 2018 TV (Est 4%) 52,706,863,613 54,815,138,158 57,007,743,684 Zoo Millage 2018 Estimate** 2017 Permently 2018 Permently Original millage 2017 MRF Reduced Millage 2018 MRF Reduced Millage Zoo Tax Estimate 2018 TV (Est 4%) 2018 Headlee Reduced Zoo rate Estimate Zoo Tax 57,007,743,684 x = 5,609,562 * Assumes 4% increases ** Assumes Headlee Rollback ( uses 2016 rollback as estimate)

9 RESOLUTION RE: Oakland County Zoological Authority lnterlocal Agreement with Oakland County to Reimburse Election Expenses 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 2, 2016, 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 2018 through 2027, 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 lnterlocal Agreement requires the Oakland County Zoological Authority to fully reimburse Oakland County and the local units within Oakland County for all election costs incurred in connection with the zoo millage proposition on the August 2, 2016 Primary Ballot. NOW THEREFORE BE IT RESOLVED that the Oakland County Zoological Authority hereby approves the adoption of the lnterlocal Agreement, attached hereto, which provides that the Oakland County Zoological Authority is to reimburse Oakland County and the local units within Oakland County for all election costs incurred in connection with the proposed millage on the Primary Election of August 2, BE IT FURTHER RESOLVED that the Oakland County Zoological Authority authorizes the Chairperson of the Zoological Authority to sign the lnterlocal Agreement. BE IT FURTHER RESOLVED that copies of this adopted resolution be forwarded to the Oakland County Board of Commissioners. Jeff Hauswirth, Chairperson OAKLAND COUNTY ZOOLOGICAL AUTHORITY

10 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 ( 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 , et seq., and the Zoological Authorities Act, 2008 PA 49, MCL , 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 or without quotation marks, or possessive or nonpossessive, shall be defined, read, and interpreted as follows Agreement means the terms and conditions of this Agreement and any other mutually agreed to written and executed modification, amendment, or addendum 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 County 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 Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m Municipalities mean the fifty-two cities or townships in Oakland County that conduct local elections. Page 1 ELECTION REMIBURSEMENT- INTERLOCAL AGREEMENT

11 2. COUNTY RESPONSIBILITIES The County shall place on all County-wide ballots a tax proposal presented to the County Clerk, by the Authority at least eighty-four (84)-days prior to an election and meeting all other requirements of Michigan Election law 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 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 election 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 Pursuant to MCL a, no later than eighty-four (84) 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 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 amount of the actual costs shown on any such invoice within thirty (30) calendar days after the date shown on any such invoice 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 Page 2 BALLOT LAYOUT AND PROGRAMMING SERVICES - INTERLOCAL AGREEMENT

12 6. ASSURANCES 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 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 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 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 Party 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 Party 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 shall 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 sent express delivery service or personal delivery; or (3) three days after mailing first class or certified U.S. mail If Notice is sent to the County, it shall be addressed and sent to: Oakland County Clerk, 1200 North Telegraph Road, Pontiac, Michigan, and Chairperson of the Oakland County Board of Commissioners, 1200 North Telegraph, Pontiac, Michigan If Notice is sent to the Authority, it shall be addressed to: Chairperson, Oakland County Zoological Authority, C/O Director, Oakland County Board of Commissioners, 1200 North Telegraph, Pontiac, Michigan Page 3 BALLOT LAYOUT AND PROGRAMMING SERVICES - INTERLOCAL AGREEMENT

13 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. 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: Jeff Hauswirth, Chairperson, Oakland County Zoological Authority DATE: WITNESSED: DATE: IN WITNESS WHEREOF Michael J. Gingell, 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: Michael J. Gingell, Chairperson Oakland County Board of Commissioners DATE: WITNESSED: DATE: Page 4 BALLOT LAYOUT AND PROGRAMMING SERVICES - INTERLOCAL AGREEMENT

14 IN WITNESS WHEREOF, Lisa Brown, 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: Lisa Brown, Clerk/Register of Deeds County of Oakland DATE: WITNESSED: DATE: ElectionReimbursementZoo.doc Page 5 BALLOT LAYOUT AND PROGRAMMING SERVICES - INTERLOCAL AGREEMENT

15 RESOLUTION BY: The Oakland County Zoological Authority IN RE: APPROVAL OF FIRST AMENDMENT TO THE SERVICE AGREEMENT BETWEEN THE OAKLAND COUNTY ZOOLOGICAL AUTHORITY AND THE DETROIT ZOOLOGICAL SOCIETY WHEREAS the Oakland County Zoological Authority has approved a resolution to utilize the property tax provisions of the Public Act 49 of 2008 to place before the electors of Oakland County at the Primary Election on August 2, 2016, 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 2018 through 2027, to support zoological services to benefit the residents of Oakland County,; and WHEREAS pursuant to the provisions of Public Act 49 of 2008, the Zoological Authorities Act, Section 11a, An authority and an accredited zoological institution shall enter into a contract for zoological services before the vote for a tax levy under section 13 occurs ; and WHEREAS the Oakland County Zoological Authority and the Detroit Zoological Society approved a Service Agreement on July 28, 2008, prior to the approval of the millage at the August 5, 2008 Primary Election; and WHEREAS this Service Agreement provides for special benefits and privileges for Oakland County residents, including: a) Schoolchild rate discounted to be 1/2 of the standard child admission rate; b) Free admission to seniors two days per year, which includes one free caregiver per senior; c) $10 discount on family-level annual membership; and WHEREAS the current Service Agreement is scheduled to expire on November 30, 2018; and WHEREAS the proposed First Amendment to the Service Agreement provides for an extension of the existing agreement until November 30, 2028, contingent upon the approval of the millage question by the voters at the August 2 nd, 2016 Primary Election. NOW THEREFORE BE IT RESOLVED that the Oakland County Zoological Authority approves the attached First Amendment to the Zoological Services Agreement with the Detroit Zoological Society and authorizes the Chairperson of the Authority to execute the agreement. Jeff Hauswirth, Chairperson Oakland County Zoological Authority

16 FIRST AMENDMENT TO ZOOLOGICAL SERVICES AGREEMENT BETWEEN THE OAKLAND COUNTY ZOOLOGICAL AUTHORITY AND THE DETROIT ZOOLOGICAL SOCIETY This First Amendment to Zoological Services Agreement (this "Amendment") is entered into on May 10, 2016, by and between OAKLAND COUNTY ZOOLOGICAL AUTHORITY, a Michigan public body corporate (the Authority ), organized pursuant to Articles of Incorporation filed by the County of Oakland, a Michigan municipal corporation ( Oakland County ), and THE DETROIT ZOOLOGICAL SOCIETY, a Michigan nonprofit corporation (the Society ). RECITALS: A. The Authority and the Society entered into that certain Zoological Services Agreement, dated as of July 28, 2008 (as amended, the "ZSA"). B. The Authority and the Society desire to modify the ZSA in accordance with the terms and conditions of this Amendment. NOW, THEREFORE, the parties agree as follows: 1. All capitalized terms used but not otherwise defined herein shall have the meaning ascribed to such terms in the ZSA. 2. The first sentence of Section 3.1 of the ZSA shall be deleted in its entirety and replaced with the following: The Authority will levy the proposed.10 mill in each successive year for twenty years, starting with Section 4.3 of the ZSA shall be deleted in its entirety and replaced with the following: 4.3 Term. The initial term of this Agreement shall commence on the effective date, which shall be November 30, 2008 and shall run through November 30, Except as otherwise modified herein, the ZSA shall remain in full force and effect consistent with its terms. 5. This Amendment may be executed by the parties in counterparts, each of which shall constitute an original and both of which together shall constitute one and the same agreement. Electronic copies of signatures to this Amendment shall be deemed to be originals and may be relied upon to the same extent as the originals.

17 6. The Authority and the Society agree that the respective rights, duties and obligations of each party under this Amendment shall be subject to the passage of a ten-year renewal millage by the voters of Oakland County, which such proposed renewal millage is anticipated to be presented to voters in If the renewal millage does not pass in 2016, this Amendment shall terminate as if it never became effective and thereby be of no force or effect, and the ZSA shall remain in full force and effect consistent with its terms without regard to this Amendment. [Remainder of page intentionally left blank]

18 IN WITNESS WHEREOF, the Authority and the Society, by and through their duly authorized officers and representatives, have executed this First Amendment to Zoological Services Agreement as of the dates of their respective signatures: WITNESSES: THE DETROIT ZOOLOGICAL SOCIETY By: Its: WITNESSES: OAKLAND COUNTY ZOOLOGICAL AUTHORITY By: Its:

19 Invoices paid by the Zoo Authority r i ~----. Author~ed lnvoice_j~id P_~Y~E~~!~--f---:----- Q_esc~ipti_on Amount Date / Date Auburn Hills City I Notice of Election (21st Century Newsp) , 9/15/: Berkl~y-City -u-==j Notice of Election (~~d_~~q_cient Newspapers) /19/~W~1f9/2Q_09 BloomHel_c:JJj~I~ City I Notice of Election (Birr:Qi_ngham Observer & Eccen) 92.1_4 8/5/20081_jL9/200g Br~ndon_ Twsp j Notice of Electio_r:i (Ihe_gltl_z.en) /19/2008 j 1 /9/2_0_Qg g_1aw~<?ri_q~~------j~c:>0 Authority Millag~ /21/20Q~Uf9/20.Q~_ Co~t!J-~f"_ce T_ws12 l~otice of EIE?_~tion (8_p. _iri9.1_g9_lumn) _ I ! 1 /9/~Q_G_~ 1 Ferndale City Notice of election /20/2008 [ 1 /9/2009 Haz.iCi:,-ar~~_g_uy- Notice of Election(~ c:l~o:6:park News) -+-~2.oQJ_ 8/1 /_~QQ~L_1/9/2QOg HighL<!r:!ci I~_sp Notice of Electior:!J.1.-._iv_gQ. P~ess & Argus) ---+ :!_92.4 I 8/13/2Q_Q81_1191?.Q. Holly Township Notice of Election I /8/ /9/2009 1=runtington-v\Tci8- City I Notice of Election (1rl(Tepe-ncient Newspapers) /2oo8T17912ci69 ~~!!i~~l~t~t~hy ~~::~: ~: ~:=~::;(O~s-eri~ & Eccentric) -=-k ~n m i'.~r;~~libti;i Novi City Notice of Election, /28/2008\ 1/9/ I T Orchard Lk Viii City Notice of Election (Spinal Column) f /13/200811/9/2009 ~~:~~w~ii==----- ~~{:~: ~; ~:=~~:~~ 1~~~b!~ ~\~7T~~e~~kland Press)_~~-- ~~~:~~ ~~~~~i~g~h{~~}~%~ Royal-Oak.City --Notice of Election--(Roy-aTOak Review) ---; /5726o8nt9/2Cfrfo -~~ t :1thfLel~ City Notice of Electio_r~_JO~~e_EY~r & Eccentric) _ /24/2Q_Qf~1V~~?QQ_~ Springfield Twsp Notice of Election (Clarkston News) /13/2008 i 1 /9/2009 syivan Take City Notice of Election-(Observer & Eccentric) i /18/iooa! TroyCfty- --- Notice of Electiorl ~~--=----! /15/2()9_8 119/iQQQ,Y\'aff~ci_ L.~EE;_gity-- Notice of Electio_~_(~[)!naj golu_f!jn) ) !2j_?Q_Q8 1/~j_?QQ l - OC Board of Comm - Notice of Amend Articles of In corp (Oakland Press) - r- i /16/2008, -, 1/7/2009 I 3, I:\ Treasurer\CashAcct\Jessica\ZOO\Zoo I nvoices.xls

20 Oakland County Zi)Ological.Authority. ' ""' _,,' '. Required Supplemental Information Budgetary Comparison Schedule Year Ended November 30, 2009 Variance with Original Budget Amended Budget Actual Amended Budget Revenue Property taxes Distributions to Detroit Zoological Society Annual contributions Interest income Expenditures Audit Accounting Miscellaneous Net distributions in excess of property taxes Total revenue Total expenditures Excess of Revenue Over Expenditures $ 6,456,535 $ 6,456,535 $ 6,465,678 $ 9,143 (6,456,535) (6,456,535) (6,466,435) (9,900) (757) (757) 12,500 12,500 (12,500) 6,555 6,555 12,500 12,500 5,798 (6,702) 5,000 5,000 5,000 2,500 2, ,000 5,000 l,494 Gh 12,500 12,500 5,798 6,702 $ $ $ $ 11