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.
name of this corporation is MUNICIPAL BUILDING AUTHORITY OF UTICA.
incorporating unit creating this Authority is the City of Utica,
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
therefor, for the use of the City of Utica, Michigan.
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
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.
fiscal year of the Authority shall commence on the first day of
in each year and end on the 30th day of June of the following year.
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
the Commission of this Authority; provided that no member of the
Council of the City of Utica shall be eligible for appointment to
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.
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.
of any powers herein granted to the Commission shall not be construed
as a limitation upon such general powers.
term of any member of the Commission shall continue until his successors
has been duly chosen and qualified.
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.
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.
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.
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.
Board shall have the right to adopt rules governing its procedure,
which are not in conflict with any law or these Articles.
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.
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.
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
Public Act of 1911, as now or hereafter amended, or any other
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.
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.
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.
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.
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.
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.
Authority shall become effective upon the filing of the printed
copies of these Articles as provided in the preceding Article.
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
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.