[HISTORY: Adopted by the City Commission of the City of Lapeer
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-24-1982 (Ch.
36 of the 1978 General Ordinances)]
This article shall be known and may be cited as the "Lapeer
Downtown Development Authority Ordinance."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The purpose of this article shall be to establish a Downtown
Development Authority pursuant to Act 197 of 1975, which was repealed
and recodified under the Recodified Tax Increment Financing Authority
Act, Act 57 of 2018 (the "Act"). The Act provides for the continuation of the taxing authority
as authorized and established pursuant to Act 197 of 1975 to define
the boundaries of the downtown district; to provide for the number
of members for the Board governing the Authority; and to provide for
all other matters necessary and related thereto.
The terms used in this article shall have the same meaning as
given to them in the Act or as hereinafter in this section provided,
unless the context clearly indicates a different meaning. As used
in this article, the following terms have the meaning provided:
ACT
Act 197 of the Public Acts of Michigan of 1975 as repealed
and recodified under the Recodified Tax Increment Financing Authority
Act, Act 57 of 2018.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
AUTHORITY
The Lapeer Downtown Development Authority created by this
article.
The Lapeer City Commission hereby ratifies its earlier determination
that it is necessary for the best interests of the public to halt
property value deterioration and increase property tax valuation where
possible in its business district, to eliminate the cause of the deterioration,
and to promote economic growth by establishing a Downtown Development
Authority pursuant to the Act.
There is hereby created, pursuant to the Act, a Downtown Development
Authority for the City of Lapeer, Michigan. The Authority shall be
a public body corporate and shall be known and exercise its power
under the name of the "Lapeer Downtown Development Authority."
A. The Authority shall develop whatever plans are appropriate, in the
opinion of the Lapeer City Commission, to aid in the economic growth
of the downtown district. Once the plans are approved by the Lapeer
City Commission, the Authority shall implement the plans for developments
in the downtown districts so as to best achieve the goals set by the
Lapeer City Commission consistent with the purpose of the Act.
B. The Authority shall also have all the powers and duties as set forth
in the Act.
The Lapeer Downtown Development Authority shall exercise its
powers and duties within the downtown district, the boundaries of
which are as follows:
A. Beginning at the northwest corner of the intersection of Calhoun
and State Street; thence east along the north line of State Street
to the north line of Law Street; thence northeasterly along said north
line of Law Street to the east line of Saginaw Street; thence northwesterly
along said east line of Saginaw Street 120 feet more or less to the
south line of Mill Street; thence northeasterly along said south line
of Mill Street to the northeasterly corner of Lot 14, Block 16, of
the original plat of the City of Lapeer, Northeast Division; thence
southeasterly along the east line of Lots 14 through 8 of said Block
16 to the north bank of the Flint River; thence southerly along an
intermediate traverse line of said river to its intersection with
the north line of Genesee Street; thence westerly along the north
line of Genesee Street to the west line of Monroe Street; thence northerly
along the west line of Monroe Street to the northwest corner of Monroe
Street and Liberty Street, thence easterly along the north line of
Liberty Street to the west line of Calhoun Street, thence northerly
along the west line of Calhoun Street to the point of beginning;
[Amended 7-27-1983]
B. DDA westerly expansion. Beginning at the intersection of center lines
of Genesee Street and Monroe Street, thence northerly along the center
line of Monroe Street to the center line of Liberty Street; thence
westerly along the center line of Liberty Street to the center line
of Harrison Street as shown and described on the original plat of
the City of Lapeer, Northwest Quarter, said center line being 30 feet
westerly of the northwest corner of Block 68 of said original plat,
Northwest Quarter; thence southerly along the center line of said
Harrison Street to the center line of Genesee Street; thence easterly
along the center line of Genesee Street to the point of beginning;
and
[Added 5-11-2014]
C. DDA easterly expansion. Part of the northeast quarter of Section
5 and the northwest quarter of Section 4, T7N, R10E, commencing at
the intersection of the center lines of Genesee Street and the Flint
River, thence northerly along the center line of Flint River to the
south line of the of Audubon Park Addition to the City of Lapeer;
thence continue northeasterly along Flint River center line to the
west line of said Audubon Park to the point of beginning. Thence from
point of beginning northerly along the westerly line of said Audubon
Park to the northwest corner of Lot 13 in Block 1 of said Audubon
Park; Thence northeasterly along the North line extended of lots 13,
12, 11 and 6 Block 1; Lots 20 and 11 Block 2; Lots 20, 19, 18, 17,
16, 15, 14, 13, 12, 11 Block 3; Lots 20 and 11 Block 4 to the west
line of Nightingale Avenue; thence northwesterly along the west line
of Nightingale Avenue to its intersection with the south line of Oregon
Street; thence westerly along the south line of Oregon Street to the
center line of Railroad Street; thence southerly along the center
line of Railroad Street to the center line of Park Street; thence
westerly along the center line of Park Street to the easterly line
of abandoned MCRR right-of-way; thence northwesterly along the easterly
line of said abandoned right-of-way to the north traverse line of
the Flint River; thence southwesterly along said river traverse line
to Flint River center line; thence southwesterly, then southerly,
then southeasterly along said river center line to the West line of
Audubon Park Addition to the City of Lapeer and point of beginning.
[Added 5-11-2014]
[Amended 12-29-1982]
The Authority shall be under the supervision and control of
a board as provided for in the Act. The Board shall consist of 12
members in addition to the Mayor.
If the Board of the Authority employs a director, the bond required
to be furnished by the director shall be in the penal sum of $25,000,
payable to the Authority for use and benefit of the Authority and
filed with the Lapeer City Clerk.
An Authority which has completed the purpose for which it was
organized shall be dissolved by ordinance of the City of Lapeer. The
property and assets remaining after the termination shall belong to
the City of Lapeer.
If any provision of this article shall be held to be invalid,
the invalidity of such provision shall not affect any other provision,
and for this purpose, the provisions of this article are severable.
[Adopted 6-21-2004; amended 6-16-20104 (Ch. 40 of the 1978 General
Ordinances)]
This is an article to amend the Tax Increment Financing Plan
and Development Plan of the Downtown Development Authority of the
City of Lapeer previously adopted in this article.
The development plan as amended and restated in 2014 and the
Tax Increment Financing Plan 2014-2024, adopted by the Downtown Development
Authority of the City of Lapeer on April 23, 2014, are hereby approved.
The development plan as amended and restated in 2014 and the Tax Increment
Financing Plan 2014-2024 amend and restate the Development Plan and
Tax Increment Financing Plan that were approved by the City Commission
on June 21, 2004.
These ordinance amendments shall become effective June 19, 2014.