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HomeMy WebLinkAboutRES_Dissolve Lansing Convention _new LEPFA RESOLUTION #, 66S
CITY OF LANSING
COUNTIES OF INGHAM AND EATON, STATE OF MICHIGAN
RESOLUTION INCORPORATING THE
LANSING ENTERTAINMENT AND PUBLIC FACILITIES AUTHORITY
AND DISSOLVING THE GREATER
LANSING CONVENTION/EXHIBITION AUTHORITY
WHEREAS, THE CITY COUNCIL (THE "COUNCIL") OF THE CITY OF LANSING, COUNTIES OF INGHAM
AND EATON, STATE OF MICHIGAN (THE "CITY"), DEEMS IT ADVISABLE AND NECESSARY TO PROVIDE
FOR THE OPERATION AND MAINTENANCE OF CERTAIN PUBLIC BUILDINGS, INCLUDING BUT NOT
LIMITED TO THE LANSING CENTER, THE CITY MARKET, AND THE NEW DOWNTOWN BASEBALL
STADIUM, AND APPURTENANT PROPERTIES AND FACILITIES THEREFOR; AND
WHEREAS, ACT 3 1 , PUBLIC ACTS OF MICHI.GAN, 1948 (FIRST EXTRA SESSION), AS AMENDED
(ACT 3 1 "), ENABLES A CITY TO INCORPORATE ONE OR MORE AUTHORITIES FOR THE PURPOSE OF
ACQUIRING, FURNISHING, EQUIPPING, OWNING, IMPROVING, ENLARGING, OPERATING AND
MAINTAINING BUILDINGS, AUTOMOBILE PARKING LOTS OR STRUCTURES, RECREATIONAL FACILITIES,
STADIUMS, OR OTHER STRUCTURES AUTHORIZED BY ACT 3 1 , AND THE NECESSARY SITE OR SITES
THEREFOR, TOGETHER WITH APPURTENANT PROPERTIES AND FACILITIES NECESSARY OR
CONVENIENT FOR THE EFFECTIVE USE THEREOF, FOR USE FOR ANY LEGITIMATE PUBLIC PURPOSE
OF THE CITY; AND
WHEREAS, THE CITY COUNCIL DEEMS IT ADVISABLE AND NECESSARY AND IN THE BEST INTEREST
OF THE CITY TO CREATE AND ESTABLISH AN AUTHORITY UNDER THE PROVISIONS OF ACT 3 1 ,
PUBLIC ACTS OF MICHIGAN, 1946 (FIRST EXTRA SESSION), AS AMENDED ("ACT 3 1 1 1 ) FOR
THE PURPOSE OF ACCOMPLISHING THE AFORESAID, TO BE DESIGNATED AS THE LANSING
ENTERTAINMENT AND PUBLIC FACILITIES AUTHORITY; AND
WHEREAS, ARTICLES OF INCORPORATION F OR INCORPORATION OF THE PROPOSED LANSING
ENTERTAINMENT AND PUBLIC FACILITIES AUTHORITY UNDER ACT 3 1 HAVE BEEN PREPARED AND
CAREFULLY REVIEWED BY THE CITY COUNCIL; AND
WHEREAS, THE CITY COUNCIL HAS PREVIOUSLY CREATED AND ESTABLISHED THE GREATER
LANSING CONVENTION/EXHIBITION AUTHORITY UNDER THE PROVISIONS OF ACT 3 1 , AND THE CITY
COUNCIL DEEMS IT ,ADVISABLE AND NECESSARY AND IN THE BEST INTEREST OF THE CITY TO
DISSOLVE THE GREATER LANSING CONVENTION/EXHIBITION AUTHORITY;
NOW, THEREFORE, BE IT RESOLVED THAT:
I THE ATTACHED ARTICLES OF INCORPORATION OF THE LANSING ENTERTAINMENT AND PUBLIC
FACILITIES AUTHORITY ARE HEREBY APPROVED AND ADOPTED.
2. THE MAYOR AND CITY CLERK OF THE CITY ARE HEREBY AUTHORIZED AND DIRECTED TO
EXECUTE THE ARTICLES OF INCORPORATION OF THE LANSING ENTERTAINMENT AND PUBLIC
FACILITIES AUTHORITY FOR AND ON BEHALF OF THE CITY.
3. THE CITY CLERK SHALL CAUSE A COPY OF THE ARTICLES OF INCORPORATION OF THE
LANSING ENTERTAINMENT AND PUBLIC FACILITIES AUTHORITY OR A SUMMARY OF THE
ARTICLES TO BE PUBLISHED ONCE IN THE LANSING STATE JOURNAL, BEING A NEWSPAPER
CIRCULATED WITHIN THE CITY AS PROVIDED IN ACT 3 1 , SUCH PUBLICATION TO BE
ACCOMPANIED BY A NOTICE THAT VALID INCORPORATION OF THE LANSING ENTERTAINMENT
AND PUBLIC FACILITIES AUTHORITY SHALL BE CONCLUSIVELY PRESUMED UNLESS
QUESTIONED IN A COURT OF COMPETENT JURISDICTION AS PROVIDED IN ACT 3 1 .
4. THE CITY CLERK SHALL FILE A CERTIFIED COPY OF THE EXECUTED ARTICLES OF
INCORPORATION OF THE AUTHORITY WITH THE COUNTY CLERK OF THE COUNTY OF INGHAM,
THE COUNTY CLERK OF THE COUNTY OF EATON, AND THE SECRETARY OF STATE OF THE
STATE OF MICHIGAN, TOGETHER WITH A CERTIFICATE STATING THE DATE AND NEWSPAPER
OF PUBLICATION OF THE ARTICLES OF INCORPORATION. THE CITY CLERK IS HEREBY
AUTHORIZED AND DIRECTED TO FILE THE ORIGINALLY EXECUTED ARTICLES OF
INCORPORATION WITH THE RECORDING SECRETARY OF THE AUTHORITY, WHEN SELECTED,
AND TO TAKE SUCH STEPS AS ARE NECESSARY UNDER THE PROVISIONS OF STATE LAW TO
PERFECT THE INCORPORATION OF SAID AUTHORITY.
5. THE CITY COUNCIL HEREBY DISSOLVES THE GREATER LANSING CONVENTION/EXHIBITION
AUTHORITY AS OF DECEMBER 3 1 , 1995, OR SUCH LATER DATE AS THE LANSING
ENTERTAINMENT AND PUBLIC FACILITIES AUTHORITY SHALL HOLD ITS FIRST ORGANIZATIONAL
MEETING.
6. THE CITY CLERK SHALL CAUSE A NOTICE OF DISSOLUTION OF THE GREATER LANSING
CONVENTION/EXHIBITION AUTHORITY TO'BE PUBLISHED ONCE IN THE LANSING STATE
L/OURNAL, BEING A NEWSPAPER CIRCULATED WITHIN THE CITY AS PROVIDED IN ACT 3 1 .
7. THE CITY CLERK SHALL FILE A COPY OF THE NOTICE OF THE DISSOLUTION OF THE GREATER
LANSING CONVENTION/EXHIBITION AUTHORITY WITH THE COUNTY CLERK OF THE COUNTY OF
INGHAM, THE COUNTY CLERK OF THE COUNTY OF EATON, AND THE SECRETARY OF STATE
OF THE STATE OF MICHIGAN, TOGETHER WITH A CERTIFICATE STATING THE DATE AND
NEWSPAPER OF PUBLICATION OF THE NOTICE OF DISSOLUTION. THE CITY CLERK IS HEREBY
AUTHORIZED AND DIRECTED TO FILE THE NOTICE OF DISSOLUTION WITH THE RECORDING
SECRETARY OF THE GREATER LANSING CONVENTION/EXHIBITION AUTHORITY.
g. THE MAYOR AND CITY CLERK ARE HEREBY AUTHORIZED AND DIRECTED TO EXECUTE AND
DELIVER ANY DOCUMENTS APPROVED BY THE CITY ATTORNEY AS DOCUMENTS NECESSARY TO
CONVEY PROPERTY OF THE GREATER LANSING CONVENTION/EXHIBITION AUTHORITY TO THE
LANSING ENTERTAINMENT AND PUBLIC FACILITIES AUTHORITY, SINCE IT IS INTENDED THAT
THE LANSING ENTERTAINMENT AND PUBLIC FACILITIES AUTHORITY SHALL ACQUIRE AND
SUCCEED TO ALL OF THE RIGHTS, PROPERTIES, OBLIGATIONS, AND DUTIES OF THE
GREATER LANSING CONVENTION/ EXHIBITION AUTHORITY.
9. ALL OTHER RESOLUTIONS AND PARTS OF RESOLUTIONS IN SO FAR AS THEY CONFLICT WITH
THE PROVISIONS OF THIS RESOLUTION BE AND THE SAME HEREBY ARE RESCINDED,
BY COUNCILMEMBER BEAL
` TO ACCEPT A FRIENDLY AMENDMENT PROPOSED BY COUNCILMEMBER LILLY TO AMEND THE
ARTICLES OF INCORPORATION ON PAGE 6, ARTICLE V, SECTION 1 3, TO ADD THAT THE BOOKS
AND RECORDS OF THE AUTHORITY AND OF THE COMMISSION, OFFICERS AND AGENTS THEREOF
SHALL BE OPEN TO INSPECTION AND AUDIT BY THE FINANCE DIRECTOR AND THE INTERNAL
AUDITOR OF THE CITY AT ALL REASONABLE TIMES. THE AUTHORITY SHALL SUBMIT AN ANNUAL
REPORT TO THE CITY COUNCIL", AND TO PLACE AN AFFIRMATIVE ROLL ON THE RESOLUTION AS
AMENDED
ADOFrED BY THE FOLLOWING
YEAS: COUNCILMEMBERS ALLEN, BEAL, BENAVIDES, BROCKWELL, JONES, LILLY, NOVAK
NAYS: NONE