These Articles of Incorporation of the Municipal Building Authority of Utica are adopted by the incorporating unit for the purpose of creating an authority under the provisions of Act 31 of the Public Acts of Michigan of 1948 (Extra Sessions) as amended.
The name of this corporation is MUNICIPAL BUILDING AUTHORITY OF UTICA.
The incorporating unit creating this Authority is the City of Utica, Michigan.
The purposes of this Authority are the acquiring, furnishing, equipping, owning, improving, enlarging, operating and or maintaining a building or buildings, or additions to buildings, and the necessary site or sites
therefor, for the use of the City of Utica, Michigan.
The Authority shall be a body corporate with power to sue or be sued in any court of this state; it shall possess all the powers, privileges and authority set forth in Act 31 of the Public Acts of Michigan for 1948 (Extra Session) as amended. It shall also possess all powers set forth in these Articles and those incident thereto an the enumeration of any powers herein shall not be construed as a limitation upon its general powers unless the context shall clearly indicate otherwise.
This Authority shall have a corporate seal. This Authority shall possess all the powers necessary to carry out the purposes of its incorporation and those incident thereto.
The Authority shall continue in existence until dissolved by the incorporating unit or by law, provided, that it shall in no event be dissolved if such dissolution would operate as an impairment of any of its contracts or other lawful obligations.
The fiscal year of the Authority shall commence on the first day of July
in each year and end on the 30th day of June of the following year.
The governing body of this corporation shall be a Commission consisting of seven (7) members. The members of the Commission shall be elected by the Council of the City of Utica and their term shall be for six (6) years, except that in the first instance of appointment 1 member of the Commission shall be appointed for 2 years, 3 members of the Commission
for 4 years and 3 members of the Commission for 6 years; provided further that as the terms of the original Commissioners expire, their successors shall be appointed for a full term of six (6) years. Vacancies on the Commission caused for any reason whatsoever, shall be filled by the Council of the City of Utica, and appointments to fill vacancies shall be for the unexpired term of the vacant office. Any qualified elector of the City of Utica, who has resided in the said City for two years consecutively immediately prior to his appointment shall be eligible for appointment to the Commission of this Authority; provided that no member of the Council of the City of Utica shall be eligible for appointment to the said Commission; and provided still further that the office of any commissioner, which is held by an officer, agent or employee of the City of Utica shall be deemed vacant in the event such commissioner shall cease to be an officer, agent or employee of the City of Utica.
The Commission of this Authority shall have all of the powers vested in it by virtue of any statute, including, but not limited to, Act 31 of the Public Acts of Michigan for 1948 (Extra Session) as amended. The enumeration
of any powers herein granted to the Commission shall not be construed as a limitation upon such general powers.
The term of any member of the Commission shall continue until his successors has been duly chosen and qualified.
The general management of the within Authority shall be vested in the Commission hereinbefore mentioned; and in the recess of the Commission, the general management of the Authority, subject to rules, regulations, directives and policies established by the said Commission. The official records of the Authority shall be kept and maintained by a secretary who shall be elected by the Commission. The Commission shall also elect a treasurer. The treasurer of the Authority shall be the custodian of moneys of the Authority and he shall be under appropriate bond to guarantee the faithful performance of his duties. The cost of the bond shall be paid by the Authority. No commissioner, officer, agent, employee or representative of this Authority shall receive any remuneration whatsoever, except as is approved, ratified and confirmed by the Council of the City of Utica.
The Commission of this Authority shall meet at least once monthly, such meetings to be held on the first Tuesday of each and every calendar month, or such other date as the Commission shall by rule determine; provided the the said Commission may have as many other meetings, either within or without the City of Utica, as it shall be determined by rule or as shall be called by the Chairman of the Commission; provided that the Commission shall not be called to any special meeting except on three days' notice in writing, such call being issued by the Chairman of the Commission, the Secretary of the Commission, or any other two members of the Commission in a notice signed by him or them.
The Commission shall keep an accurate and true journal of its business written in the English language, which said journal shall always be on file and open for public inspection in the office of the Clerk for the City of Utica.
In addition to the powers set forth either expressly or impliedly in these Articles of Incorporation, the Commission shall have the authority and power to establish other powers and duties of the officers of this Commission, or its employees, by by-laws or by rule or regulations duly adopted by the said Commission; provided that no rule or regulation shall contravene or violate any ordinance of the City of Utica, Charter of the City of Utica, or the statutes or Constitution of the State of Michigan.
The Board shall have the right to adopt rules governing its procedure, which are not in conflict with any law or these Articles.
All moneys of the Authority shall be deposited in a bank to be designated by the Commission and all checks or other forms of withdrawal therefrom shall be signed by the Treasurer and counter-signed by the Chairman of the Commission. The officers of the Commission and of the Authority shall have such other powers and duties as may be, from time to time, conferred upon them by the Commission.
The Authority shall possess all powers necessary to carry out the purposes thereof and those incident thereto. It may acquire private property by purchase, lease, gift, devise or condemnation, either within or without its corporate limits, and may hold, manage, control, sell, exchange or lease such property as authorized and permitted by Act 31 of the Public Acts of Michigan for 1948 (Extra Session) as now or hereafter amended.
For the purpose of accomplishing the object of its incorporation, the Authority may acquire property as aforesaid, and for the purpose of condemnation it may proceed under the provisions of Act 149 of the Public Act of 1911, as now or hereafter amended, or any other appropriate statue.
This Authority and any incorporating unit shall have power to enter into a contract or contracts, whereby the Authority will acquire property contemplated by the terms of Act 31 of the Public Acts of Michigan for 1948 (Extra Session) as now or hereafter amended, and lease the same to the incorporating unit for a period not to exceed forty years. The consideration specified in such contract for such use shall be subject to increase by the Authority, if necessary, in order to provide funds to meet its obligations.
The Authority shall have the right, power and privilege of issuing self-liquidating revenue bonds pursuant to the terms of Section 11 of Act 31 of the Public Acts of Michigan for 1948 (Extra Session) as amended, and pursuant to the provisions of Act 94 of the Public Acts of 1933 as now or hereafter amended, and or pursuant and subject to any statute now existing or as now amended or hereafter amended, pertaining to the self-liquidating revenue bonds; provided that such bonds shall be payable solely from the revenue of any property of the Authority, which revenue shall be deemed to include payments made under any lease or contract for the use of such property whose revenues are pledged has been leased by the Authority for a period extending beyond the last maturity of the bonds. The issuance of such revenue bonds shall be subject to the referendum provisions of Act 31 of the Public Acts of Michigan for 1948 (Extra Session) as now or hereafter amended, and of the referendum provisions of Act 94 of the Public Acts of 1933 as now or hereafter amended.
All property owned by this Authority shall be exempt from taxation pursuant to the terms of Act 31 of the Public Acts of Michigan for 1948 (Extra Session) as now or hereafter amended.
The Commission shall have the power to contract with any person, firm or corporation for the purpose of acquiring, furnishing, equipping, owning, improving, enlarging, operating, maintaining, building or buildings on the necessary site or sites therefor, for the use of the City of Utica.
The Commission shall have the power to secure all necessary services to carry out the functions of the Authority and to fix the compensation therefor, subject to the provisions of Article X hereof; provided that no officer or employee of the City of Utica shall receive compensation from the Authority except by a two-thirds vote of all of the members of the Commission and approval by the majority of the Council of the City of Utica.
These Articles shall be published in Utica Sentinel being a newspaper published and circulated in the City of Utica, Macomb County, Michigan. One printed copy of such Articles of Incorporation shall be filed with the Secretary of State and one printed copy in the office of the County Clerk. There shall be attached to each of such printed copies the certificate of the Clerk of the County of Macomb that the same is a true and complete copy of the original Articles of Incorporation on file in the office of the County Clerk and also the date and place of publication thereof.
The Authority shall become effective upon the filing of the printed copies of these Articles as provided in the preceding Article.
In Witness Whereof the Mayor and Clerk of the City of Utica, Michigan, pursuant to the statute (Act 31 of the Public Acts of Michigan for 1948 , Extra Session as amended) and a resolution duly passed by the Council
of the City of Utica have signed and executed these Articles of Incorporation, this 7th day of May, 1963.
FRED H. BECK, Mayor
PAULINE KRAFT, Clerk
The forgoing Articles of Incorporation were adopted by the Council of the City
of Utica, Macomb County, Michigan, at a meeting duly held on the 7th day of
PAULINE KRAFT, City Clerk, dated May 7, 1963.