[Ord. No. 717; Ord. No. 1017, 7-10-1991]
In recognition of the fact that it is necessary for the best
interests of the public to halt property value deterioration and increase
property tax valuation in the City downtown business district and
to promote the economic growth of the City downtown business district,
a Downtown Development Authority is hereby established pursuant to
Act No. 197 of the Public Acts of 1975, to be known as the City of
Holland Mainstreet/Downtown Development Authority.
[Ord. No. 717; Ord. No. 909, 8-20-1986; Ord.
No. 958, 8-3-1988; Ord. No. 971, 2-15-1989; Ord. No. 1228, 12-2-1998; 1-17-2018 by Ord. No. 1704; 5-1-2019 by Ord. No. 1767; 7-21-2021 by Ord. No. 1798; 10-20-2021 by Ord.
No. 1801]
The Downtown Development Authority shall have all of the powers
and duties prescribed by Act No. 197 of the Public Acts of 1975, as
amended (MCLA § 125.1651 et seq.), including but not limited to implementing development
plans, acquiring and disposing of interests in real and personal property,
levying an ad valorem tax, not to exceed two mills, on the real and
tangible personal property in the downtown development district, issuing
bonds and other evidence of indebtedness and authorizing the use of
tax increment financing, all as more fully delineated in Act 197 of
the Public Acts of 1975, as amended, to promote the economic growth
of the downtown development district. The City shall exercise its
powers within the following described area which shall be the "downtown
development district":
All property bounded by the existing corporate limits of the
City of Holland between Fairbanks and Maple Avenues, if extended,
to the waters of Lake Macatawa on the north, Fairbanks Avenue on the
east, 11th Street, if extended, on the south, and an area described
as west of Maple Avenue, if extended, to the water's edge of Lake
Macatawa and north of 9th Street, if extended, to the water's edge
of Lake Macatawa on the west, including such additional property which
is legally described as follows: Part of Sections 20, 21, 28, and
29 of T5N, R15W, City of Holland, Ottawa County, Michigan, described
as:
Beginning at the intersection of the north line of the CSX Railroad
spur track with the east line of Section 29, said point being distance
north 426.35 feet from the east 1/4 corner of Section 29 and proceeding
thence easterly and northeasterly along the northerly and northwesterly
right-of-way line of the CSX Railroad to the center line of the Macatawa
River; thence northwesterly, southwesterly and westerly along the
center line of the Macatawa River to the intersection with the center
line of the northerly extension of College Avenue; thence south along
the center line of the extension of College Avenue to the south edge
of the Macatawa River marsh; thence southeasterly along the southerly
and southwesterly edge of Macatawa River marsh to the east line of
Section 29; thence south along the east line of Section 29 to the
point of beginning; which is zoned F-NDT, F-WDT, F-EDT, F-CDT, and
F-CENT and properties zoned I or PUD within that boundary but excluding
that property described as: units 1 through 16 and common elements
of the Washington School Condominiums and units 1 through 7 and common
elements of the Washington School Site Condominiums.
[Ord. No. 972, 2-15-1989; Ord.
No. 1375, 11-19-2003; Ord. No. 1421, 8-17-2005]
The Downtown Development Authority shall be under the supervision
and control of a board consisting of the City Manager and 12 members.
The Board shall be appointed by the City Manager and approved by City
Council. Not less than a majority of the members shall be persons
having an interest in property located in the downtown development
district. Not less than one of the members shall be persons having
an interest in property zoned Industrial and located in the downtown
development district. Not less than one of the members shall be a
resident of the downtown development district, if the downtown district
has 100 or more persons residing within it. Of the members first appointed,
an equal number of the members, as near as is practicable shall be
appointed for one year, two years, three years, and four years. Notwithstanding,
no member shall serve more than two consecutive four year terms or
a total of eight consecutive years. If a member desires to serve on
the Board after two consecutive four year terms or eight consecutive
years, he or she will not be eligible to serve until one year has
elapsed since the expiration of the two consecutive four year terms
or eight consecutive years. An appointment to fill a vacancy shall
be made by the City Manager for the unexpired term only. Members of
the Board shall serve without compensation, but shall be reimbursed
for actual and necessary expenses. The Board shall elect a member
as a chairperson and vice-chairperson of the Board. A member shall
not serve as either a chairperson or a vice-chairperson for more than
[a] two-year term. After the chairperson's two-year term has expired,
the vice-chairperson shall become chairperson of the Board for a two-year
term. In the event a vice-chairperson declines to become chairperson
at the end of the two-year term, the Board shall elect a chairperson
and vice-chairperson from the remaining members of the Board. A former
chairperson may not serve as a vice-chairperson until two years have
elapsed since the expiration of the chairperson's two-year term. The
operation and activities of the Board shall comply with Act 197 of
the Public Acts of 1975, as amended; MCLA § 125.1651 et
seq.
[Ord. No. 717]
Any director of the Downtown Development Authority shall, before
entering upon the duties of his or her office, post a bond in the
penal sum of $10,000, payable to the authority for the use and benefit
of the authority, approved by the Board and filed with the City Clerk.
The premium on the bond shall be deemed an operating expense of the
authority, payable from funds available to the authority for expenses
of operation.