HomeMy WebLinkAboutArticles of Incorp_2nd amendment 1997 SECOND AMENDMENT TO THE
ARTICLES OF INCORPORATION OF
LANSING ENTERTAINMENT AND PUBLIC FACILITIES AUTHORITY
THE CITY OF LANSING ADOPTS THIS SECOND AMENDMENT TO THE ARTICLES OF INCORPORATION OF
THE LANSING ENTERTAINMENT AND PUBLIC FACILITIES AUTHORITY PURSUANT TO THE PROVISIONS
OF ACT 3 1 , PUBLIC ACTS OF MICHIGAN, 1946 (FIRST EXTRA SESSION), AS AMENDED.
I . ARTICLE V, SECTION I OF THE ARTICLES OF INCORPORATION OF THE AUTHORITY IS
HEREBY AMENDED TO READ IN ITS ENTIRETY AS FOLLOWS:
ARTICLE V
SECTION I . THE AUTHORITY SHALL BE DIRECTED AND GOVERNED BY A BOARD OF
COMMISSIONERS KNOWN AS THE "COMMISSION." THE COMMISSION SHALL CONTAIN TEN ( I O)
VOTING COMMISSIONERS AND THREE (3) NON-VOTING EX OFFICIO COMMISSIONERS UNTIL
DECEMBER 3 1 , 1996, AND THEREAFTER 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 OF THE INITIAL TEN VOTING COMMISSIONERS SHALL BE A VENDOR OF THE LANSING CITY
MARKET AND SHALL BE APPOINTED BY THE MAYOR WITH THE ADVICE AND CONSENT OF THE
CITY COUNCIL, AND SHALL SERVE FOR A ONE YEAR TERM ENDING ON DECEMBER 3 1 , 1 996.
EACH COMMISSIONER WHO IS APPOINTED TO SUCCEED THE VENDOR OF THE LANSING CITY
MARKET SHALL BE A VENDOR OF THE LANSING CITY MARKET, AND SHALL SERVE FOR A ONE
YEAR TERM BEGINNING ON JULY I FOLLOWING THE EXPIRATION OF THE TERM OF THE
COMMISSIONER WHOM HE/SHE SUCCEEDS AND EXPIRING JUNE 30 OF THE FOLLOWING YEAR.
IF ANY SUCH COMMISSIONER CEASES TO BE A VENDOR OF THE LANSING CITY MARKET DURING
HIS/HER TERM, THEN HE/SHE SHALL CEASE TO SERVE AS A COMMISSIONER, AND THE MAYOR,
WITH THE ADVICE AND CONSENT OF THE CITY COUNCIL, SHALL APPOINT ANOTHER VENDOR OF
THE LANSING CITY MARKET FOR THE REMAINDER OF THE TERM.
TWO OF THE INITIAL TEN VOTING COMMISSIONERS SHALL BE SELECTED FROM THE EXISTING
BOARD OF THE EXHIBITION AUTHORITY AND SHALL BE APPOINTED BY THE MAYOR WITH THE
ADVICE AND CONSENT OF THE CITY COUNCIL. ONE COMMISSIONER SHALL SERVE FOR A TERM
ENDING DECEMBER 3 1 , 1 996, AND THE OTHER COMMISSIONERS TERM SHALL EXPIRE ON
JUNE 30, 1 997. HOWEVER, THE TERMS OF ALL OTHER COMMISSIONERS, SCHEDULED TO
EXPIRE ON DECEMBER 3 1 , 1 996, SHALL BE EXTENDED AUTOMATICALLY TO JUNE 30,
1997,
THE REMAINING SEVEN (7) VOTING COMMISSIONERS OF THE FIRST COMMISSION SHALL BE
APPOINTED BY THE MAYOR WITH THE ADVICE AND CONSENT OF THE CITY COUNCIL. THE TERMS
OF THESE SEVEN (7) COMMISSIONERS SHALL BE AS FOLLOWS: TWO (2) COMMISSIONERS
SHALL SERVE TERMS ENDING DECEMBER 3 1 , 1 996, TWO (2) COMMISSIONERS SHALL SERVE
TERMS ENDING DECEMBER 3 1 , 1997, AND THREE COMMISSIONERS SHALL SERVE TERMS
ENDING DECEMBER 3 1 , 1 996. THE TERM OF ANY PERSON WHICH EXPIRES ON DECEMBER
3 1 , 1996, SHALL BE EXTENDED UNTIL JUNE 30, 1 997. THE TERM OF ANY PERSON
WHICH EXPIRES ON DECEMBER 3 1 , 1 997, SHALL BE AUTOMATICALLY EXTENDED UNTIL JUNE
30, 1 996. THE TERM OF ANY PERSON WHICH EXPIRES ON DECEMBER 3 1 , 1996, SHALL
BE EXTENDED AUTOMATICALLY UNTIL JUNE 30, 1 999.
FOUR (4) VOTING COMMISSIONERS SHALL BE APPOINTED TO SUCCEED THE FOUR (4) VOTING
COMMISSIONERS WHOSE TERMS END ON JUNE 30, 1997. THEREAFTER, A COMMISSIONER
SHALL BE APPOINTED FOLLOWING THE EXPIRATION OF THE TERM OF EACH COMMISSIONER, IN
ORDER THAT THE COMMISSION CONTAIN NINE (9) VOTING COMMISSIONERS AND THREE (3)
NONVOTING EX OFFICIO COMMISSIONERS BEGINNING JUNE 30, 1 997. EACH SUCCEEDING
COMMISSIONER, OTHER THAN THE COMMISSIONER APPOINTED TO SERVE AS VENDOR OF THE
LANSING CITY MARKET, SHALL SERVE FOR A THREE (3) YEAR TERM BEGINNING ON JULY I
FOLLOWING THE EXPIRATION OF THE TERM OF THE COMMISSIONER WHOM HE/SHE SUCCEEDS
AND EXPIRING JUNE 30 OF THE LAST YEAR OF SUCH TERM. AFTER THE END OF THE TERMS
OF THE COMMISSIONERS APPOINTED FOR TERMS ENDING DECEMBER 3 1 , 1996, IT SHALL NO
LONGER BE A REQUIREMENT THAT ANY COMMISSIONER BE A FORMER MEMBER OF THE BOARD
OF THE EXHIBITION AUTHORITY.
THE FINANCE DIRECTOR OF THE CITY, THE INTERNAL AUDITOR OF THE CITY, AND THE
DIRECTOR OF PLANNING AND NEIGHBORHOOD DEVELOPMENT OF THE CITY SHALL SERVE AS
NONVOTING 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 PLANNING AND NEIGHBORHOOD DEVELOPMENT OF THE
CITY. 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 OF THE CITY SHALL CAUSE A COPY OF THIS SECOND AMENDMENT TO THE
ARTICLES OF INCORPORATION OR A SUMMARY THEREOF 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 AMENDMENT OF
THE ARTICLES OF INCORPORATION OF THE AUTHORITY SHALL BE CONCLUSIVELY PRESUMED
UNLESS QUESTIONED IN A COURT OF COMPETENT JURISDICTION AS PROVIDED IN ACT 3 1 .
3. THE CITY CLERK OF THE CITY SHALL FILE A CERTIFIED COPY OF THIS SECOND AMENDMENT
TO ARTICLES OF INCORPORATION WITH THE INGHAM COUNTY CLERK, THE EATON COUNTY
CLERK, AND THE MICHIGAN SECRETARY OF STATE, TOGETHER WITH A CERTIFICATE OF THE
DATE AND NEWSPAPER OF PUBLICATION, AS REQUIRED BY ACT 3 1 .
4. THIS SECOND AMENDMENT TO THE ARTICLES OF INCORPORATION SHALL BECOME
EFFECTIVE AND BE IN FULL FORCE AND EFFECT AS PROVIDED IN SECTION 6 OF ACT 3 1 TEN
( 1 O) DAYS AFTER THEIR ADOPTION BY CITY COUNCIL.
IN WITNESS WHEREOF, THE CITY OF LANSING, MICHIGAN HAS ADOPTED AND AUTHORIZED TO BE
EXECUTED THIS SECOND AMENDMENT TO 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: \ c ill Fir
MAYOR
BY: -��1�, Cl�
CITY CLERK,
THE FOREGOING SECOND AMENDMENT TO THE ARTICLES OF INCORPORATION WAS ADOPTED BY
THE CITY COUNCIL OF THE CITY OF LANSING, COUNTIES OF INGHAM AND EATON, MICHIGAN AT A
MEETING DULY HELD ON THE I OTH DAY OF FEBRUARY, 1997, AND WILL BE FILED BY THE CITY
CLERK WITH THE INGHAM COUNTY CLERK, THE EATON COUNTY CLERK, AND THE MICHIGAN
SECRETARY OF STATE.
DATED: FEBRUARY 13, 1997.
CITY CLE OF LANSING, MICHIGAN