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File #: 13-0688    Version: 1 Name: Amendment 2 AATA Articles of Incorporation
Type: Resolution Status: Passed
File created: 6/3/2013 In control: City Council
On agenda: 6/3/2013 Final action: 6/3/2013
Enactment date: 6/3/2013 Enactment #: R-13-168
Title: Resolution to Approve Amendment No. 2 to the Articles of Incorporation of the Ann Arbor Transportation Authority Hereafter Ann Arbor Area Transportation Authority
Sponsors: Sabra Briere, John Hieftje, Stephen Kunselman
Attachments: 1. Proposed Articles of Incorporation Amendment 2 6-3-13, 2. AAATA Amendment 2 Publication
Title
Resolution to Approve Amendment No. 2 to the Articles of Incorporation of the Ann Arbor Transportation Authority Hereafter Ann Arbor Area Transportation Authority
Memorandum
The City of Ann Arbor incorporated the Ann Arbor Transportation Authority (AATA) by resolution dated July 15, 1968, under the provisions of Act 55 of P.A. 1963 (Act 55) for the purpose of operating a mass transportation system.  The Articles of Incorporation were amended by resolution dated June 30, 1969 to alter the membership of the Board, establishing at 7 members and staggering the terms of the original members appointed.
 
The City of Ypsilanti has requested to join the AATA.   Section 2 of Act 55 requires amendment of the Articles of Incorporation if a political subdivision joins the Authority.    As the incorporator of the Authority, the City is being presented with the attached amendment for approval.    Amendment No. 2 will also be presented for adoption and execution by the Authority Board and the City of Ypsilanti.   
 
The proposed amendment does the following:
·      Adds the City of Ypsilanti as an incorporator with all rights granted to members of the Authority under Act 55
·      Changes the name of the AATA to the Ann Arbor Area Transportation Authority recognizing the expanded geographic area in which the Authority will operate
·      Alters the composition of the Board of the new Ann Arbor Area Transportation Authority to increase the Board membership to 9 with 1 member being appointed by the Mayor of the City of Ypsilanti with concurrence of the Ypsilanti City Council.
·      Authorizes the Ann Arbor Area Transportation Authority to function as successor in interest of the AATA
 
When adopted by all parties, the amendment will be filed with the Washtenaw County Clerk and the Michigan Secretary of State as required by Act 55 and published in the Washtenaw County Legal News.
Staff
Sponsors:  Mayor Hieftje and Councilmembers Briere and Kunselman
Body
Whereas, The Ann Arbor Transportation Authority (AATA) was incorporated by the City of Ann Arbor in 1968 under Act 55 of 1963 (the "Act") to provide public transportation services within the City of Ann Arbor;
 
Whereas, The Act provides that other political subdivisions may join such an incorporated Authority;
 
Whereas, The City of Ypsilanti has requested to join the AATA;
 
Whereas, Pursuant to the Act, if the City of Ypsilanti joins the Authority, the Articles of Incorporation for the Authority must be amended by resolution of the incorporator and the Authority, filed with the County Clerk and the Secretary of State and published in a newspaper of general circulation within the County; and
 
Whereas, The proposed amendment:
 
·      Adds the City of Ypsilanti as an incorporator with all rights granted to members of the Authority under Act 55
·      Changes the name of the AATA to the Ann Arbor Area Transportation Authority recognizing the expanded geographic area in which the Authority will operate
·      Alters the composition of the Board of the new Ann Arbor Area Transportation Authority to increase the Board membership to 9 with 1 member being appointed by the Mayor of the City of Ypsilanti with concurrence of the Ypsilanti City Council.
·      Authorizes the Ann Arbor Area Transportation Authority to function as successor in interest of the AATA
 
RESOLVED, That City Council approves Amendment No. 2 to the Articles of Incorporation of the Ann Arbor Transportation Authority to be hereafter known as the Ann Arbor Area Transportation Authority; and
 
RESOLVED, That the City Clerk be directed to provide a certified copy of this Resolution and Amendment No. 2 to the Authority and the Clerk of the City of Ypsilanti and file and publish the Amendment in accordance with the Act on notice of passage of the Amendment when adopted by the City of Ypsilanti and by the Board of the Authority.
 
Sponsored by: Mayor Hieftje and Councilmembers Briere and Kunselman