HomeMy WebLinkAboutResolutions - 1993.06.24 - 22962/ ,tit96/
MISCELLANEOUS RESOLUTION #93113
BY: Commissioners Lawrence A. Obrecht, District #3;
Sue Ann Douglas, District #8; David L. Moffitt, District #18
IN 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, 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.
'ny and all constracW,on 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 Building
Committee. Any major changes in such plans and specifications shall
require the written approval of both the Planning and Building
Committee and the Building Authority.
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.
We move the adoption of the foregoing resolution.
Lawrence A. Obrecht, Sue Ann Douglas,
David L. Moffitt
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 Building
Committee. Any major changes in such plans and specifications shall
require the written approval of both the Planning and Building
Committee and the Building 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 day of
, 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
Larry P. Crake, Chairperson
Lynn D. Allen, Clerk
The Chairperson referred the Resolution to the Planning and Building
Committee. There were no objections.
By:
By: