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HomeMy WebLinkAboutResolutions - 1991.11.21 - 18593MISCELLANEOUS RESOLUTION # 91259 DATE November 21 , 1991 BY: PLANNING AND BUILDING COMMITTEE - LARRY CRAKE, CHAIRPERSON IN RE: BUILDING AUTHORITY AMENDMENT TO ARTICLES OF INCORPORATION TO ENLARGE COMMISSION TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRPERSON, LADIES AND GENTLEMEN: AMENDMENT TO ARTICLES OF INCORPORATION OF BUILDING AUTHORITY WHEREAS, the Oakland County Building Authority was established by the then Oakland County Board of Supervisors by Miscellaneous Resolu- tion No. 4534, adopted February 8, 1966; by certain Articles of Incorporation for the Oakland County Building Authority, said Articles of Incorporation being adopted pursuant to and in accordance with Act 31 of the Public Acts of Michigan, 1948 (First Extra Session), as amended, and each of the same have been published and filed with the County Clerk and the Secretary of the State of Michigan, as provided in said Act 31 of the Public Acts of Michigan, 1948 (First Extra Session), as amended, which Articles were amended by the Board of Commissioners by Miscellaneous Resolution No. 87222 adopted October 8, 1987; and WHEREAS, it is desirable to amend the Articles of Incorporation of the Oakland County Building Authority in order to enlarge the commission; NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1. The attached Amendment to the Articles of Incorporation of the Oakland County Building Authority is hereby approved and adopted and the Chairperson of the County Board of Commissioners and the County Clerk are hereby authorized and directed to execute said Amendments to Articles of Incorporation for and on behalf of the County, and to retain one copy of the same in the office of the County Clerk for the County of Oakland and one copy with the Secretary of the Oakland County Building Authority, to which should be attached certified copies of this resolution. 2. The County Clerk is hereby directed to cause a copy of the Amendment to Articles of Incorporation to be published once in the Oakland Press and Daily Tribune being newspapers circulating within the County of Oakland, said publication to be accompanied by a state- ment that the right exists to question the Amendment to the Articles of Incorporation, as provided in Section 6 of Act 31 of the Public Acts of Michigan, 1948 (First Extra Session), as amended, said notice to be in substantially the form attached to this resolution. PLANNING AND BUILDING COMMITTEE 3. The County Clerk shall, in accordance with Section 6 of Act 31 of the Public Acts of Michigan, 1948 (First Extra Session), as amended, file one printed copy of the Amendment to Articles of Incorporation in his or her office and one printed copy of the Amendment to Articles of Incorporation with the Secretary of State and the County Clerk shall file one printed copy of the Amendment to Articles of Incorporation with the Secretary of the Commission of the Building Authority, each of said printed copies to have attached thereto a certificate of the County Clerk setting forth that the Amendment to Articles of Incorporation is a true and complete copy of the Amendment to Articles of Incorporation on file in his or her office and which certificate shall also set forth the date and place of publication thereof. 4. All resolutions and parts of resolutions insofar as they conflict with the provisions to this resolution be and the same hereby are rescinded. The Planning and Building Committee by its Chairperson hereby moves adoption of the foregoing resolution. APPVE THE EOREGOiNG RESOLUT!ON ATTACHMENT I AMENDMENT TO ARTICLES OF INCORPORATION OF OAKLAND COUNTY BUILDING AUTHORITY The following Article of the Articles of Incorporation of the Oakland County Building Authority is amended in accordance with Section 10 of Act 31, Public Acts of Michigan, 1948 (First Extra Session), as amended, to provide as follows: Article X The powers of the Authority shall be exercised by its governing body which shall be known as the "Commission" and shall consist of five members. Three members shall be appointed by the Board of Commissioners of the County of Oakland, each of whom shall hold office for a term of three years, except that the terms of the commissioners first appointed shall expire on December 31, 1966, December 31, 1967, and December 31, 1968, respectively and thereafter each commissioner shall be appointed for a full three-year term beginning on January 1 of the first year of the term and expiring on December 31 on the last year thereof. The other two members shall be the Oakland County Executive and the Oakland County Treasurer. Each appointed Commissioner shall serve during the term for which he was appointed and thereafter until his successor is appointed. No member of the Board of Commissioners of the County of Oakland shall be eligible to appointment or membership on the Commission. The officers of the Commission shall receive a per diem as established by the Commission and approved by the Board of Commissioners of the Incorporating Unit. The Commission in its discretion may authorize the payment of the actual expenditures of any member incurred in connection with the business of the Authority. At the first meeting of each fiscal year, the Commission shall select a Chairperson, a Vice Chairperson and a Secretary, who shall be members of the Commission. The County Treasurer shall be Treasurer of the Authority. Such officers shall serve until the organization meeting in the following year and until their respective successors shall be selected. The time and place of all meetings shall be fixed by a majority of the members of the Commission and notice thereof served personally upon all members, at least twenty-four hours prior to the time of the holding of the meeting. No appointment to the Commission and no election of an officer of the Commission shall be deemed to be invalid because it was not made within or at the time specified in these Articles. Any appointed member of the Commission may be removed for cause at any time by action of the Board of Commissioners of Oakland County. Any officer of the Commission may be removed by action of the Commission. ATTACHMENT II NOTICE OF ADOPTIONS OF AMENDMENT TO ARTICLES OF INCORPORATION OF THE OAKLAND COUNTY BUILDING AUTHORITY TO: ALL OF THE RESIDENTS AND TAXPAYERS OF THE COUNTY OF OAKLAND NOTICE IS HEREBY GIVEN that the Board of Commissioners of the County of Oakland has adopted the following Amendment to the Articles of Incorporation of the Oakland County Building Authority pursuant to the provisions of Act No. 31, Public Acts of Michigan, 1948, (First Extra Session), as amended ("Act 31"). NOTICE IS FURTHER GIVEN THAT, PURSUANT TO THE PROVISIONS OF SECTION 6 OF ACT 31, THERE EXISTS THE RIGHT TO QUESTION THE AMENDMENT TO THE ARTICLES OF INCORPORATION OF THE OAKLAND COUNTY BUILDING AUTHORITY IN A COURT OF COMPETENT JURISDICTION WITHIN 60 DAYS AFTER THE FILING OF CERTIFIED COPIES OF THE ARTICLES OF INCORPORATION WITH THE SECRETARY OF STATE AND IN THE OFFICE OF THE OAKLAND COUNTY CLERK AND THAT THE VALIDITY OF THE AMENDMENT SHALL BE CONCLUSIVELY PRESUMED UNLESS QUESTIONED IN A COURT OF COMPETENT JURISDICTION WITHIN 60 DAYS AFTER SUCH CERTIFIED COPIES HAVE BEEN SO FILED. AMENDMENT TO ARTICLES OF INCORPORATION OF OAKLAND COUNTY BUILDING AUTHORITY This Amendment to the Articles of Incorporation of the Oakland County Building Authority (the "Articles of Incorporation") is adopted by the Board of Commissioners of the County of Oakland, Michigan, being the legislative body of the County for the purpose of amending the Articles of Incorporation of the Authority under the provisions of Act No. 31, Public Acts of Michigan, 1948, (First Extra Session), as amended ("Act 31"). Article X of the Articles of Incorporation is amended to read as follows: [INSERT ARTICLE AMENDMENT HERE] The foregoing Amendment to the Articles of Incorporation of the Oakland County Building Authority was adopted by the Board of Commissioners of the County of Oakland, Michigan, at a meeting duly held on the day of , 1991. This Amendment to Articles of Incorporation, upon its adoption by the Board of Commissioners of said County of Oakland, shall be executed in duplicate for and on behalf of said County, by the Chairperson of said Board of Commissioners and the County Clerk of said County. Said duplicate executed copies shall be delivered to the County Clerk of said County, who shall file one of said executed copies in his office and the other with the Secretary of the Authority. The said County Clerk shall cause a copy of this Amendment to Articles of Incorporation to be published once in the Oakland Press and Daily Tribune, newspapers circulating within the County of Oakland. He shall file one printed copy of this Amendment to Articles of Incorporation with the Secretary of State of the State of Michigan and one printed copy thereof in his office, attached to each of which printed copies shall be his certificate setting forth that the same is a true and complete copy of the Amendment to Articles of Incorporation on file in his office, and also the date and place of the publication thereof. This Amendment to the Articles of Incorporation shall become immediately effective. IN WITNESS WHEREOF, the Incorporation Unit, the County of Oakland, has adopted and authorized to be executed this Amendment to the Articles of Incorporation on behalf of said County, a public corporation of the State of Michigan, by the Chairperson and Clerk of the County of Oakland. COUNTY OF OAKLAND By, Roy Rewoldy' Chairperson By Lynn D. Allen, Clerk (SEAL) Resolution 91259 November 21, 1991 # Moved by Crake supported by Huntoon the resolution -be adopted. Moved by Gosling supported by Pappageorge the resolution be amended in Attachment I, under Article X - near the end of the paragraph in the sentence that reads: "The time and place of all meetings shall be fixed----(insert the words"and properly noticed and posted in accordance with Act 267 of the Public Act of 1976 as amended, also known as the open meetings Act") by a majority of the members of the Commission and notice thereof served personally upon all members, at least twenty- four hours prior to the time of the holding of the meeting. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: • AYES: Millard, Moffitt, Oaks, Olsen, Palmer,'Pappageorge, Pernick, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, Krause, McConnell, McCulloch, McPherson. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND I, Lynn 0. Alien, Clerk of the County of Oak] and, do hereby certify that the forego] rig resol uti on is a -true and accurate copy of a resolution adopted by the Oakland County . Board of Commi ssi oners on November 21, 1991 with the ori gi nal record thereof now -renal ni rig i n my off] cc . In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 21st d a y of'j November 1991 day of'j November / 'I- "27 ".•<-'-.-• • C.7.E=i0 ATTiTiTTOTTi-Fi-C