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File #: 12-1399    Version: 1 Name: 11/19/12 Act 196 Authority Res to Withdraw
Type: Report or Communication Status: Filed
File created: 11/19/2012 In control: City Council
On agenda: 11/19/2012 Final action: 11/19/2012
Enactment date: Enactment #:
Title: Resolution to Withdraw from New Act 196 Public Transportation Authority in and for Washtenaw County and Terminate the Public Transportation Agreement between the City, AATA, Washtenaw County and the City of Ypsilanti
Sponsors: Stephen Kunselman, Jane Lumm
Title
Resolution to Withdraw from New Act 196 Public Transportation Authority in and for Washtenaw County and Terminate the Public Transportation Agreement between the City, AATA, Washtenaw County and the City of Ypsilanti
Memorandum
The Public Transportation Authority Act (Act 196 of 1986, as amended) provides for withdrawal from a public authority under the Act. Specifically, Section 8 of the Act provides a political subdivision that is part of an authority under the Act to withdraw from the public authority until the expiration of the thirtieth day following the date the public authority is incorporated or until the expiration of the thirtieth day after receiving notification from the newly formed public authority, whichever is later.

Washtenaw County filed the Articles of Incorporation for the new public authority known as the Washtenaw Ride on October 3, 2012. Every city, village and township within Washtenaw County become members of the new public authority unless they exercise their rights to withdraw from the authority under Section 8 of the Act.

Several communities, named in the Resolution, have elected to withdraw from Washtenaw Ride within the thirty-day period after incorporation (Oct 4-Nov 2) but the right to elect to withdraw did not close on the thirtieth day after incorporation. Under the Act, the withdraw period continues to run until thirtieth days after receipt of notification from the Washtenaw Ride, or Washtenaw County as the incorporator and sole member of the Washtenaw Ride, of notice of the right to withdraw from the authority. The City has not yet received such notice.

The incorporation of the Washtenaw Ride did not create an operational countywide authority. Washtenaw Ride has no assets, funding or staff. The transit plans for the Washtenaw Ride envisioned a multi-jurisdictional transit system with a regional approach to planning and services but the number and geographic location of the municipalities that have opted-out ...

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