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HomeMy WebLinkAboutResolutions - 2004.12.09 - 27456December 9, 2004 MISCELLANEOUS RESOLUTION #04358 BY: Planning and Building Committee, CHARLES E. PALMER, Chair IN RE: RESOLUTION APPROVING AN AMENDMENT TO ARTICLE X OF THE ARTICLES OF INCORPORATION OF THE OAKLAND COUNTY BUILDING AUTHORITY TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS, the Board of Commissioners of the County of OAKLAND (the "County") has created and established an authority under the provisions of Act 31 of the Public Acts of Michigan of 1948 (First Extra Session), as amended known as the Oakland County Building Authority (the "Authority"); and WHEREAS, the Board of Commissioners of the County deems it advisable and in the best interest of the County to amend the Articles of Incorporation to permit designees to serve on the Commission of the Authority in the absence of the County Executive or the County Treasurer; and WHEREAS, an Amendment to the Articles of Incorporation has been prepared in accordance with said Act and carefully reviewed by the Board of Commissioners: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, as follows: 1. The attached Amendment to the Articles of Incorporation of the Oakland County Building Authority is hereby approved and adopted. 2. The Chairperson of the 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. 3. The County Clerk shall take such steps as are necessary under the provisions of State law to perfect the Amendment to the Articles of Incorporation of the Authority. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Planning & Building Committee Vote: Motion carried on unanimous roll call vote with Coleman absent AMENDMENT TO THE ARTICLES OF INCORPORATION OF THE OAKLAND COUNTY BUILDING AUTHORITY The following Article of the Articles of Incorporation of the Oakland County Building Authority is amended or added in accordance with Section 10 of Act 31, Public Acts of Michigan, 1948 (First Extra Session), as amended (the "Enabling Act"), 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 or, in his or her absence, a Designee(s) of the County Executive, designated in writing to the Chairperson of the Building Authority and the Oakland County Clerk at the yearly organization meeting of the Building Authority; and the Oakland County Treasurer or, in his or her absence, a Designee(s) of the Treasurer, designated in writing to the Chairperson of the Building Authority and the Oakland County Clerk at the yearly organizational meeting of the Building Authority. Each appointed Commissioner shall serve during the term for which he or she was appointed and thereafter until his or her 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 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. 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. No provision contained in this Amendment to the Articles of Incorporation shall impair the obligation of any bond or contract which has been authorized or delivered prior to the effective date hereof. This Amendment to the Articles of Incorporation shall become effective on, and be in full force and effect from and after, the date of their adoption by the Board of Commissioners of the County. IN WITNESS WHEREOF, the Incorporating Unit has adopted and authorized to be executed this Amendment to the Articles of Incorporation on behalf of the County of Oakland, a public corporation of the State of Michigan, by the Chairperson of its Board of Commissioners and its County Clerk. By: Thomas A. Law Chairperson By: G. William Caddell County Clerk Resolution #04358 December 9, 2004 Moved by Bullard supported by Coulter the resolutions on the Consent Agenda, as amended, be adopted (with accompanying reports being accepted). AYES: Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Zack, Bullard. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, as amended, were adopted (with accompanying reports being accepted). I 1E0 APRON THE FOREGOING RESaUTIGN 2/7/6t STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 December 9, 2004 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 9th day of December, 2004. G. William Caddell, County Clerk