[1]
Editor's Note: Prior to amendment by Ordinance No. 1002, provisions
regarding Downtown Development Area No. 2 derived from Ord. No. 748,
adopted 3-24-1980.
[2-25-1991 by Ord. No.
1002; Code 1992, § 8-81]
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The base year assessment roll prepared by the City Assessor.
The amount in any one year by which the current assessed
value as finally equalized for all taxable property in Development
Area No. 2 exceeds the initial assessed value.
The area shown in Map A, Property Boundaries, more fully
described in the development plan.
The amended tax increment and development plan, Port Huron
Downtown Development Area No. 2, dated February 1991, as amended and
transmitted to the City Council by the Downtown Development Authority
for public hearing, as modified by action of the City Council and
confirmed by this division, copies of which are on file in the office
of the City Clerk.
The City Downtown Development Authority (DDA).
The most recently assessed value as finally equalized of
all the taxable property within the boundaries of the development
area on February 25, 1991.
The Downtown Development Authority Project No. 2 Fund.
Each unit of government levying an ad valorem property tax
on property in the development area.
[2-25-1991 by Ord. No.
1002; Code 1992, § 8-82]
Under this division, the development plan as amended by the
City Council is hereby approved and adopted. The duration of the plan
shall be 30 years from the date of issuance of the last series of
bonds issued pursuant to the development plan, except as it may be
extended by subsequent amendment of the plan and this division. A
copy of the plan and all amendments thereto shall be maintained on
file in the City Clerk's office and cross indexed to this division.
[2-25-1991 by Ord. No.
1002; Code 1992, § 8-83]
The boundaries of Amended Development Area No. 2 as set forth
in the development plan are hereby adopted and confirmed.
[2-25-1991 by Ord. No.
1002; Code 1992, § 8-84]
(a)
Within 60 days after March 2, 1991, the City Assessor shall prepare
the initial base year assessment roll. The initial base year assessment
roll shall list each taxing jurisdiction in which the Amended Development
Area No. 2 is located, the initial assessed value of Amended Development
Area No. 2 on March 2, 1991, and the amount of tax revenue derived
by each taxing jurisdiction from ad valorem taxes on the property
in the development area.
(b)
The Assessor shall transmit copies of the initial base year assessment
roll to the City Treasurer, County Treasurer, Downtown Development
Authority and each taxing jurisdiction, together with a notice that
the assessment roll has been prepared in accordance with this division
and the tax increment financing plan contained in the development
plan approved by this division.
[2-25-1991 by Ord. No.
1002; Code 1992, § 8-85]
Each year within 15 days following the final equalization of
property in the Amended Development Area No. 2, the Assessor shall
prepare an updated base year assessment roll. The updated base year
assessment roll shall show the information required in the initial
base year assessment roll and, in addition, the captured assessed
value for that year. Copies of the annual base year assessment roll
shall be transmitted by the Assessor to the same persons as the initial
base year assessment roll, together with a notice that it has been
prepared in accordance with this division and the development plan.
[2-25-1991 by Ord. No.
1002; Code 1992, § 8-86]
The treasurer of the Downtown Development Authority shall establish
a separate fund which shall be kept in a depository bank account in
a bank approved by the Director of Finance of the City, to be designated
"Amended Downtown Development Authority Project No. 2." All moneys
received by the Downtown Development Authority pursuant to the development
plan shall be deposited in the project fund. All moneys in that fund
and earnings thereon shall be used only in accordance with the development
plan and this division.
[2-25-1991 by Ord. No.
1002; Code 1992, § 8-87]
Under this division, the City and County Treasurers shall, as
ad valorem taxes are collected on property in the development area,
pay that proportion of the taxes, except for penalties and collection
fees, that the captured assessed value bears to the initial assessed
value to the treasurer of the Downtown Development Authority for deposit
in the project fund. The payments shall be made on the date on which
the City and County Treasurers are required to remit taxes to each
of the taxing jurisdictions.
[2-25-1991 by Ord. No.
1002; Code 1992, § 8-88]
(a)
Under this division, the money credited to the project fund and on
hand therein from time to time shall annually be used in the following
manner and following order of priority:
(1)
To pay into the debt retirement fund for all outstanding series
of bonds issued pursuant to this plan an amount equal to the interest
and principal coming due, in the case of principal whether by maturity
or mandatory redemption, prior to the next collection of taxes, less
any credit for sums on hand in the debt retirement fund.
(2)
To establish a reserve account for payment of principal and
interest on bonds issued pursuant to this plan an amount equal to
one-fifth of the largest combined annual principal and interest payments
on bonds issued pursuant to this plan until the amount to the credit
of the reserve account is equal to the largest combined annual principal
and interest requirements on bonds issued pursuant to this plan. Any
amount to the credit of the reserve account at the beginning of a
fiscal year in excess of the requirement of the preceding sentence
shall be considered tax increment revenue for that year.
(3)
To pay the administrative and operating costs of the Downtown
Development Authority and City for the development area, including
planning and promotion, to the extent provided in the annual budget
of the Downtown Development Authority.
(4)
To pay, to the extent determined desirable by the Downtown Development
Authority and approved by the City, the cost of completing the remaining
public improvements as set forth in the development plan to the extent
those costs are not financed from the proceeds of bonds.
(5)
To pay the cost of any additional improvements to the development
that are determined necessary by the Downtown Development Authority
and approved by the City Council.
(6)
To reimburse the City for funds advanced to acquire property,
clear land, make preliminary plans, and improvements necessary for
the development area in accordance with this plan.
(7)
To provide a pool of mortgage financing as needed for private
development in accordance with the development plan.
(b)
Any tax increment receipts in excess of those needed under Subsection (a) of this section shall revert to the taxing jurisdictions or used for future development activities within the development area, as defined in the development plan or as expanded to include all or parts of the downtown development district pursuant to amendment or modification of the development plan pursuant to applicable provisions of Public Act No. 57 of 2018 (MCL 125.4201 et seq.) and other laws.
[5-9-2022 by Ord. No.
22-001]
[2-25-1991 by Ord. No.
1002; Code 1992, § 8-89]
Under this division, within 90 days after the end of each fiscal
year, the Downtown Development Authority shall submit to the City
Council, with copies to each taxing jurisdiction, a report on the
status of the project fund. The report shall include the amount and
source of revenue in the account, the amount and purpose of expenditures
from the account, the initial assessed value of Amended Development
Area No. 2, the captured assessed value of Amended Development Area
No. 2, the tax increments received and the amount of any surplus from
the prior year, and any additional information requested by the City
Council or deemed appropriate by the Downtown Development Authority.
The secretary of the Downtown Development Authority shall cause a
copy of the report to be published once in full in a newspaper of
general circulation in the City.
[2-25-1991 by Ord. No.
1002; Code 1992, § 8-90]
Under this division, any surplus money in the project fund at
the end of a year, as shown by the annual report of the Downtown Development
Authority, shall be paid by the Authority to the City or County Treasurer,
as the case may be, and rebated by him or her to the appropriate taxing
jurisdiction.
