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HomeMy WebLinkAboutLEPFA Articles of Incorporation Res 2020 - 009 Third Amendment to THIRD AMENDMENT TO THE ARTICLES OF INCORPORATION OF LANSING ENTERTAINMENT AND PUBLIC FACILITIES AUTHORITY The City of Lansing adopts this Third Amendment to the Articles of Incorporation of the Lansing Entertainment and Public Facilities Authority pursuant to the provisions of Act 31, Public Acts of Michigan, 1948 (First Extra Session) as amended. 1. Article V, Section 1 of the Articles of Incorporation of the Authority is hereby amended to read in its entirety as follows.- ARTICLE V Section 1. The Authority shall be directed and governed by a Board of Commissioners known as the "Commission." The Commission shall contain nine (9) voting Commissioners and three (3) non-voting Ex Officio Commissioners. The Mayor and the members of the City Council shall not be eligible for membership or appointment to the Commission. One (1) voting Commissioner shall be designated by the governing board of the Greater Lansing Convention & Visitors Bureau ("CVB"), or any successor to the CVB as recognized by the Mayor of the City of Lansing ("Mayor") in the Mayor's sole discretion. Should the CVB cease to exist as an organized entity, and no successor entity is recognized by the Mayor, then, in any such event, the Mayor shall appoint a voting Commissioner, with the advice and consent of the Lansing City Council, to fill the vacancy on the Commission. Except for the CVB designated Commissioner as provided immediately above, voting Commissioners of the Commission shall be appointed by the Mayor with the advice and consent of the Lansing City Council. Each Commissioner shall serve for a term of three (3) years beginning on July 1 and expiring June 30 of the last year of such term. The terms of the Commissioners shall be staggered so that the terms of three (3) Commissioners will expire in a given year. Any Commissioner in office when this Third Amendment to the Articles of Incorporation is adopted shall be considered appointed and qualified to continue to serve until the Commissioner's current term, as contained in the records in the office of the Lansing City Clerk, expires. The reservation that one (1) Commissioner be a vendor of the Lansing City Market is extinguished. A Commissioner whose term of office has expired shall continue to hold office until the Commissioner's successor has been appointed by the Mayor with the advice and consent of the City Council. Subsequent Commissioners shall be appointed in the same manner as original appointment at the expiration of each Commissioner's term of office. The Finance Director of the City, the Internal Auditor of the City and the Director of Economic Development and Planning of the City shall serve as non-voting Ex Officio Commissioners. The terms of the Ex Officio Commissioner shall continue as long as such Commissioner holds office as Finance Director, Internal Auditor, or Director of Economic Development and Planning of the City and shall expire upon expiration of the non-voting Ex Officio Commissioner's service as a public official. In the event of a vacancy in one of said offices, the person fulfilling the duties of said office on an interim basis shall serve on the Commission. 2. The City Clerk shall cause a copy of the Third Amendment to the Articles of Incorporation of the Lansing Entertainment and Public Facilities Authority to be published once in the Lansing State Journal or the Lansing City Pulse, being a newspapers circulated within the City as provided by Act 31, such publication to be accompanied by a notice that valid amendment of the Articles of Incorporation of the Lansing Entertainment and Public Facilities Authority shall be conclusively presumed unless questioned in a court of competent jurisdiction as proved in Act 31. 3. The City Clerk of the City shall file a certified copy of this Third Amendment to Articles of Incorporation with the Ingham County Clerk, the Eaton Count Clerk, and the Michigan Secretary of State, together with a certificate of the date and newspaper of publication, as required by Act 31. 4. This Third Amendment to the Articles of Incorporation shall become effective and be in full force and effect as provided in Section 6 of Act 31 ten (10) days after their adoption by City Council. IN WITNESS THEREOF, the City of Lansing, Michigan has adopted and authorized to be executed this Third Amendment of the Articles of Incorporation on behalf of the City, a Municipal Corporation of the State of Michigan, by its Mayor and City Clerk. CITY OF LANSING By: �� Mayor City (Clerk