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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