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HomeMy WebLinkAboutResolutions - 1993.08.05 - 22171MISCEL EOUS RESOLUTION #93144 August 5, 1993 BY: Planning and Building Committee, Charles Palmer, Chairperson RE: Building Authority-Amendment to Articles of Incorporation- Article VII TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Building Authority was established by the then Oakland County Board of Supervisors by MR 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 P.A. 31 of 1948, as amended, which Articles were amended by the Board of Commissioners by MR 87222 adopted October 8, 1987, and MR 91259 adopted November 21, 1991; and WHEREAS the Oakland County Board of Commissioners, in MR 93048 0 adopted April 29, 1993, authorized the requirement that final plans and specifications for new construction projects and those altering existing structures, including those projects referred to the Building Authority, be approved by the Planning and Building Committee prior to issuance of Requests for Proposals, and that any subsequent major revisions to said plans and specifications also be approved by the Planning and Building Committee, and that the intent of this requirement be included in the form of an amendment to the Articles of Incorporation of the Building Authority. NOW THEREFORE BE IT RESOLVED that Article VII 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: For the purpose of accomplishing the objects of its incorporation, the Authority may acquire property by purchase, construction, lease, gift, devise or condemnation, and for the purpose of condemnation it may proceed under the provisions of Act No. 149 of the Public Acts of 1911, as now or hereafter amended, or any other appropriate statute. a t AnY '-.1 i-•1 / ond spYcitic‘ 1.‘14-t. opput,v,AL MEI rms IId 1 mf-t BUNN BlitHEIBIB Yonc rovk724:: 1B1 Ruildinq CONfai r to i41Jance on of bids. dt r t A II t teett BE IT FURTHER RESOLVED that the attached Amendment to the Articles of Incorporation of the Oakland County Building Authority is hereby approved and adopted and the Chairperson of the Oakland County Board of Commissioners and the County Clerk are hereby authorized and directed to execute said Amendment to the 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. BE IT FURTHER RESOLVED that the County Clerk is hereby directed to cause a copy of the Amendment to the 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 statement 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. BE IT FURTHER RESOLVED that 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 the Articles of Incorporation in his office and one printed copy with the Secretary of State and one printed copy with the Secretary of the Oakland County Building Authority, each of said printed copies to have attached thereto a certificate of the County Clerk setting forth that the Amendment to the Articles of Incorporation is a true and complete copy on file in his office and which certificate shall also set forth the date and place of publication thereof. BE IT FURTHER RESOLVED that all resolutions and parts of resolutions insofar as they conflict with the provisions to this resolution are hereby rescinded. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING & BUILDING COMMITTEE ATTACHMENT I 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 provisions of Act No. 31, Public Acts of Michigan, 1948, (First Extra Session), as amended ("Act 31"). Article VII of the Articles of Incorporation is amended to read as follows: For the purpose of accomplishing the objects of its incorporation, the Authority may acquire property by purchase, construction, lease, gift, devise or condemnation, and for the purpose of condemnation it may proceed under the provisions of Act No. 149 of the Public Acts of 1911, as now or hereafter amended, or any other appropriate statute. Any and all construction and alteration projects, beyond what would normally fall in the category of maintenance, shall be implemented in substantial accordance with such plans and specifications as approved by the Board of Commissioners Planning and But Committee. Such approval must he granLod prior Lo issuance of a Request Lou Proposal or solicitation of bids. Any major substantial changes in such plans and specifications shall require the written approval of both the Planning and Building Committee and the But Authority. 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 5th day of August , 1993. 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 this 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 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: Larry P. Crake, Chairperson By Lynn D. Allen, Clerk August 5, 1993 Resolution #93144 Moved by Palmer supported by Obrecht the resolution be adopted. AYES: Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. COUNTY EXECUTIVE WILL NEITHER APPROVE NOR VETO STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, 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 August 5, 1993 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and ffixed the seal of the County of Oakland at Pontiac, Michigan this 5th day of Augu. Lync Allen, County Clerk