[HISTORY: Adopted by the City Council of the City of New Buffalo 1-21-2014 by Ord. No. 209. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning Ordinance — See Appendix A.
ATTACHMENTS
Attachment 1 - Exhibit A, Downtown Development Authority Legal Description
A Downtown Development Authority is hereby created, pursuant to P.A. 197 of 1975, as amended,[1] for the described district, being in the City of New Buffalo, County of Berrien, Michigan, having the legal description as set forth in Exhibit A.[2]
[1]
Editor's Note: See MCLA § 125.1651 et seq.
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
The Downtown Development Authority is hereby created to promote economic growth, increase property values, and halt deterioration within the above-said district.
The Authority shall be under the supervision and control of a Board, consisting of the Mayor and eight members appointed by the said Mayor subject to approval of the City Council. Not less than a majority of the members shall be persons having an interest in property located in the downtown district. Not less than one of the members shall be a resident of the downtown district, if the district is found to have 100 or more persons residing therein. Members of the Board shall hold office until the members' successor is appointed. The members of the Board shall serve for a term of four years. The Chair of the Board shall be elected by the Board.
Members shall serve without compensation but, they shall be reimbursed for actual and necessary expenses.
The Board shall adopt rules governing its procedure and the holding of regular and special meetings subject to the approval of the City Council. All meetings of the Board shall be open to the public, as required by the Michigan Open Meeting Act, P.A. 267 of 1976, as amended.[1]
[1]
Editor's Note: See MCLA § 15.261 et seq.
A. 
Director. The Board may employ and fix the compensation of a Director, subject to the approval of the City Council. The Director shall serve at the pleasure of the Board. A member of the Board is not eligible to hold the position of Director. Before entering upon the duties of his office, the Director shall take and subscribe to the constitutional oath, and furnish bond, by posting a bond in an amount determined by the Board payable to the Authority for 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. The Director shall be the chief executive officer of the Authority subject to the approval of the Board. The Director shall supervise, and be responsible for, the preparation of plans and the performance of the functions of the Authority. The Director shall attend the meetings of the Board and shall render to the Board and to the City Council a regular report covering the activities and financial condition of the Authority. If the Director is absent or disabled, the Board may designate a qualified person as acting Director to perform the duties of the office. Before entering upon the duties of his office, the acting Director shall take and subscribe to the oath, and furnish bond, as required of the Director. The acting Director shall furnish the Board with information or reports governing the operation of the Authority as the Board requires.
B. 
Treasurer. The Board may employ and fix the compensation of a Treasurer, who shall keep the financial records of the Authority and who, together with the Director, shall approve all vouchers for the expenditure of funds of the Authority. The Treasurer shall perform such other duties as may be delegated by the Board and shall furnish bond which shall be filed with the City Clerk in an amount as prescribed by the Board.
C. 
Secretary. The Board may employ and fix the compensation of a Secretary, who shall maintain custody of the Official Seal and of records, books, documents, or other papers not required to be maintained by the Treasurer. The Secretary shall attend meetings of the Board and keep a record of its proceedings, and shall perform such other duties delegated by the Board.
D. 
Legal counsel. The Board may retain legal counsel to advise the Board in proper performance of its duties. The legal counsel shall represent the Authority in actions brought by or against the Authority.
E. 
Other personnel. The Board may employ other personnel deemed necessary by the Board.
The Board shall be responsible to:
A. 
Prepare an analysis of economic changes taking place in the district.
B. 
Study and analyze the impact of metropolitan growth upon the district.
C. 
Plan and propose the construction, the renovation, the repair, the remodeling, the rehabilitation, restoration, preservation, or reconstruction of public facilities, and existing buildings, or a multiple-family dwelling unit which may be necessary or appropriate to the execution of a plan which in the opinion of the Board, aids in the economic growth of the district.
D. 
Develop long-range plans, in cooperation with the agency which is chiefly responsible for planning in the City, designed to halt the deterioration of property values in the district and to promote the economic growth of the district, and take such steps as may be necessary to persuade property owners to implement the plans to the fullest extent possible.
E. 
Implement a plan of development in the district necessary to achieve the purposes of this Act, in accordance with powers granted to the Authority as granted by the Act.[1]
[1]
Editor's Note: "Act" refers to the Downtown Development Authority Act, MCLA § 125.1651 et seq.
F. 
Make and enter into contracts necessary or incidental to the exercise of its powers and the performance of its duties.
G. 
Acquire by purchase or otherwise, on terms and conditions and in a manner the Authority deems proper, or own, convey, or otherwise dispose of, or lease as lessor or lessee, land and other property, real or personal, or rights or interests therein, which, the Authority determines is reasonably necessary to achieve the purposes of this ordinance and, to grant or acquire licenses, easements, and options with respect thereof.
H. 
Improve land and construct, reconstruct, rehabilitate, restore and preserve, equip, improve, maintain, repair, and operate any building, including multiple-family dwellings, and any necessary or desirable appurtenances thereto, within the district for the use, in whole or in part, of any public or private person or corporation, or a combination thereof.
I. 
Fix, charge, and collect fees, rents, and charges for the use of any building or: property under its control or any part thereof, or facility therein, and pledge the fees, rents, and charges for the payment of Revenue Bonds issued by the Authority.
J. 
Lease any building or property under its control, or any part thereof.
K. 
Accept grants and donations of property, things of value from a public or private source.
L. 
Acquire and construct public facilities.
The Authority shall be deemed an instrumentality of a political subdivision for purposes of Act No. 227 of the Public Acts of 1972.[1]
[1]
Editor's Note: See MCLA § 213.321 et seq.
The City may take private property pursuant to the provision of the Acquisition of Property by State Agencies and Public Corporations Act, P.A. Act 149 of 1911, as amended,[1] for the purpose of transfer to the Authority, and may transfer the property to the Authority for use in an approved development, on terms and conditions it deems appropriate, and the taking, transfer, and use shall be considered necessary for public purposes and for the benefit of the public.
[1]
Editor's Note: See MCLA § 213.21 et seq.
A. 
The activities of the Authority shall be financed from one or more of the following sources:
1. 
Donations to the Authority for the performance of its functions.
2. 
Proceeds of a tax imposed pursuant to Section 21-11.
3. 
Moneys borrowed and to be repaid as authorized by Section 21-12.
4. 
Revenues from any property, building, or facility owned, leased, licensed, or operated by the Authority or under its control, subject to the limitations imposed upon the Authority by trusts or other agreements.
5. 
Proceeds of a tax increment financing plan, established under Sections 21-13 to 21-15.
6. 
Moneys obtained from other sources approved by the City Council of the City of New Buffalo.
B. 
Moneys received by the Authority and not covered under Subsection A(1) through (6) shall immediately be deposited to the credit of the Authority subject to disbursement pursuant to this Act.[1] Except as provided in this Act, the City shall not obligate itself nor shall it ever be obligated to pay any sums from public funds other than moneys received by the City pursuant to this section for or on account of the Activities of the Authority.
[1]
Editor's Note: "Act" refers to the Downtown Development Authority Act, MCLA § 125.1651 et seq.
A. 
An Authority with the approval of the City Council may levy an ad valorem tax on the real and tangible personal property not exempt by law and as finalized and equalized in this district. The tax shall not be more than two mills. The tax shall be collected by the City of New Buffalo. The City shall collect the tax at the same time and in the same manner as it collects its other ad valorem taxes. The tax shall be paid to the Treasurer, of the Authority and credited to the General Fund of the Authority for purposes of financing only the operations of the Authority.
B. 
The City may, at the request of the Authority, borrow money and issue its notes therefor pursuant to Act No. 202 of the Public Acts of 1943, as amended,[1] in anticipation of collection of the ad valorem tax authorized in this section.
[1]
Editor's Note: This Act was repealed by P.A. 2001, No. 34. See now the Revised Municipal Finance Act, MCLA § 141.2101 et seq.
The Authority may borrow money and issued its negotiable Revenue Bonds therefor pursuant to P.A. 94 of 1933, as amended.[1] Revenue Bonds issued by the Authority shall not except as hereinafter provided be deemed a debt of the City of New Buffalo or the State of Michigan. The City by majority vote of the members of the City Council may pledge its full faith and credit to support such Revenue Bonds.
[1]
Editor's Note: See MCLA § 141.101 et seq.
A. 
As used in this section and Sections 21-14 and 21-15, the following terms shall have the meanings indicated:
CAPTURED ASSESSED VALUE
The amount in any one year by which the current assessed value of the Project Area exceeds the initial assessed value.
INITIAL ASSESSED VALUE
The most recently assessed value of all taxable property within the boundaries of the Development Area at the time the ordinance establishing the Tax Increment Financing Plan is approved. Property exempt from taxation at the time of the determination of the initial assessed value shall be included as zero.
B. 
When the Authority determines that it is necessary for the achievement of the purposes of this Act, the Authority shall prepare and submit a Tax Increment Financing Plan to the City Council of the City of New Buffalo. The Plan shall include a Development Plan as provided in Section 21-15, a detailed explanation of the tax increment procedure, the amount of bonded indebtedness to be incurred, the duration of the program, and shall be in compliance with Section 21-14. The Plan shall contain a statement of the estimated impact of Tax Increment Financing on the assessed values of all taxing jurisdictions in which the development area is located. The plan may provide for the use of part or all of the captured assessed value, but the portion intended to be used by the Authority shall be clearly stated in the Tax Increment Financing Plan.
C. 
Approval of the Tax Increment Financing Plan shall be in accordance with the notice, hearing, and disclosure provisions of Section 21-17. When the development plan is part of the Tax Increment Financing Plan, only one hearing and approval procedure is required for the two plans together.
D. 
Before the public hearing on the Tax Increment Financing Plan the City Council shall provide a reasonable opportunity to the members of the Berrien County Board of Commissioners, New Buffalo Township Board members and the members of the Lake Michigan College Board of Trustees to meet with the New Buffalo City Council members. The Authority shall fully inform members of the County Board of Commissioners and Lake Michigan College of the fiscal and economic implications of the proposed development area. The members of the County Board of Commissioners and the Board of Lake Michigan College and Board members may present their recommendations at the public hearing on the Tax Increment Financing Plan.
E. 
A Tax Increment Financing Plan may be modified if the modification is approved by the governing body upon notice and after public hearings and agreements as are required for approval of the original plan.
A. 
The amount of Tax Increment to be transmitted to the Authority by the City and County Treasurers shall be that portion of the tax levy of all taxing bodies paid each year on real and personal property in the Project Area on the captured assessed value.
B. 
The Authority shall expend the Tax Increments received for the Development Program only in accordance with the Tax Increment Financing Plan. Surplus funds shall revert proportionately to the respective taxing bodies. These Revenues shall not be used to circumvent existing levy limit laws. The governing body of the City may abolish the Tax Increment Financing Plan when it finds that the purposes for which it was established are accomplished.
C. 
Annually the Authority shall submit to the City Council of the City of New Buffalo a report on the status of the Tax Increment Financing Account. The report shall include: The amount and source of revenue in the account; the amount and purpose of expenditures from the account; the amount of principal and interest in any outstanding bonded indebtedness; the initial assessed value of the Project Area; the captured assessed value retained by the Authority; the Tax Increments received and any additional information the City Council deems necessary.
D. 
The report shall be published in a newspaper of general circulation in the City of New Buffalo.
The City of New Buffalo may by resolution of its City Council authorize, issue, and sell General Obligation Bonds subject to the limitations herein set forth to finance the Development Program of the Tax Increment Plan and shall pledge its full faith and credit for the payment of the Bonds. The Bonds shall mature in not more than 30 years and shall be subject to Act No. 202 of the Public Acts of 1943, as amended.[1] Before the City may authorize the borrowing, the Authority shall submit an estimate of the anticipated Tax Increment Revenue to be available for payment of principal and interest on the Bonds, to the City Council of the City of New Buffalo. This estimate shall be approved by the City Council of the City of New Buffalo by resolution adopted by majority vote of the members of the Council in the resolution authorizing the Bonds, and when approved by the Municipal Finance Commission shall be conclusive for purposes of this section. The City may not pledge for annual debt service requirements in any one year in excess of 80% of the estimated Tax Increment Revenue to be received for a Development Area for that year, and the total aggregate amount of borrowing shall not exceed an amount which the 80% of the estimated Tax Increment will service as to annual principal and interest requirements. The Bonds issued under this section shall be considered a single series for the purposes of Act No. 202 of the Public Acts of 1943, as amended.[2]
[1]
Editor's Note: This Act was repealed by P.A. 2001, No. 34. See now the Revised Municipal Finance Act, MCLA § 141.2101 et seq.
[2]
Editor's Note: This Act was repealed by P.A. 2001, No. 34. See now the Revised Municipal Finance Act, MCLA § 141.2101 et seq.
A. 
When the Board decides to finance a project in the downtown district by the use of Revenue Bonds as authorized in Section 21-12 or Tax Increment Financing as authorized in Sections 21-13, 21-14, and 21-15, it shall prepare a Development Plan.
B. 
The Development Plan shall contain:
1. 
The designation of boundaries of the Development Area in relation to highways, streets, streams, or otherwise.
2. 
The location and extent of existing streets and other public facilities within the Development Area and shall designate the location, character, and extent of the categories of public and private land uses then existing and proposed for the Development Area, including residential, recreational, commercial, industrial, educational, and other uses and shall include a legal description of the Development Area.
3. 
A description of existing improvements in the Development Area to be demolished, repaired, or altered, a description of any repairs and alterations, and an estimate of the time required for completion.
4. 
The location, extent, character, and estimated cost of the improvements including rehabilitation contemplated for the Development Area and an estimated of the time required for completion.
5. 
A statement of the construction or stages of construction planned, and the estimated time of completion of each stage.
6. 
A description of any parts of the Development Area to be left as open space and the use contemplated for the space.
7. 
A description of any portion of the Development Area which the Authority desires to sell, donate, exchange, or lease to or from the City and the proposed terms.
8. 
A description of desired zoning changes and changes in streets, street levels, intersections, and utilities.
9. 
An estimate of the cost of the development, a statement of the proposed method of financing the development and the ability of the Authority to arrange the financing.
10. 
Designation of the person or persons, natural or corporate, to whom all or a portion of the development is to be leased, sold, or conveyed in any manner and for whose benefit the project is being undertaken if that information is available to the Authority.
11. 
The procedures for bidding for the leasing, purchasing, or conveying in any manner of all or a portion of the development upon its completion, if there is no express or implied agreement between the Authority and persons, natural or cooperate; that all or a portion of the development will be leased, sold, or conveyed in any manner to those persons.
12. 
Estimates of the number of persons residing in the Development Area and the number of families and individuals to be displaced. If occupied residences are designated for acquisition and clearance by the Authority, a Development Plan shall include a survey of the families and individuals to be displaced, including their income and racial composition, a statistical description of the, housing supply in the community, including the number of private and public units in existence or under construction, the condition of those in existence, the number of owner-occupied and renter-occupied units, the annual rate of turnover of the various types of housing and the range of rents, and sale prices an estimate of the total demand for housing in the community, and the estimated capacity of private and public housing available to displaced families and individuals.
13. 
A plan for establishing priority for the relocation of persons displaced by the development in any pew housing in the development area.
14. 
Provision for the costs of relocating persons displaced by the development and financial assistance and reimbursement of expenses, including litigation expenses and expenses incident to the transfer of title, in accordance with the standards and provisions of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, being Public Law 91-646, 42 U.S.C. § 4601 et seq.
15. 
A plan for compliance with Act 227 of the Public Acts of 1972, as amended.[1]
[1]
Editor's Note: See MCLA § 213.321 et seq.
16. 
Other material which the Authority or City Council deems pertinent.
A. 
The City Council, before adoption of an ordinance approving a Development Plan or Tax Increment Financing Plan, shall hold a public hearing on the Development Plan. Notice of the time and place of the hearing shall be given by publication twice in a newspaper of general, circulation designated by the City, the first of which shall be not less than 20 days before the date set for the hearing. Proof of publication shall be by Affidavit of Publisher, secured and made a part of said proceedings. Notice of the hearing shall be posted in at least 20 conspicuous and public places in the downtown district not less than 20 days before the hearing. Notice shall also be mailed to all property taxpayers of record in the downtown district riot less than 20 days before the hearing. The Clerk shall attest to proof of posting and mailing by Affidavit made a part of said proceedings.
B. 
Notice of the time and place of hearing on a Development Plan shall contain: A description of the proposed Development Area in relation to highways, streets, streams, or otherwise; a statement that maps, plats, and a description of the Development Plan, including the method of reallocating, families and individuals who may be displaced from the area, are available for public inspection at a place designated in the notice, and that all aspect of the Development Plan will be open for discussion at the public hearing; and other information that the governing body deems appropriate. At the time set for hearing the City Council shall provide an opportunity for interested persons to be heard and shall receive and consider communications in writing with reference thereto. The hearing shall provide the fullest opportunity for expression of opinion, for argument on the merits, and for introduction of documentary evidence pertinent to the Development Plan. The City Council shall make and preserve a record of the public hearing, including all data presented thereat.
A. 
The City Council after a public hearing on the Development Plan or the Tax Increment Financing Plan or both, with notice thereof given in accordance with Section 21-17, shall determine whether the Development Plan or Tax Increment Financing Plan constitutes a public purpose. If it determines that the Development Plan or Tax Increment Financing Plan constitutes a public purpose, it shall then approve or reject the Plan or approve it with modification, by ordinance based on the, following considerations:
1. 
The findings are recommendations of Development Area Citizens Council, if a Development Area Citizens Council was formed.
2. 
The Plan meets the requirements set forth in Section 21-16B.
3. 
The proposed method of financing the Development is feasible and the Authority has the ability to arrange the financing.
4. 
The development is reasonable and necessary to carry out the purposes of this ordinance.
5. 
The land included within the Development Area to be acquired is reasonably necessary to carry out the purposes of the Plan and of this Act in an efficient and economically satisfactory manner.
6. 
The Development Plan is in reasonable accord with the Master Plan of the City of New Buffalo.
7. 
Public services, such as fire and police protection and utilities are or will be adequate to service the Project Area.
8. 
Changes in zoning, streets, street levels, intersections, and utilities are reasonably necessary for the project and for the City of New Buffalo.
B. 
Amendments to an approved Development Plan or Tax Increment Plan must be submitted by the Authority to the City Council for approval or rejection.
A person to be relocated under this Act shall be given not less than 90 days' written notice to vacate unless modified by court order for good cause.
A. 
The Director of the Authority shall prepare and submit for the approval of the Board a budget for the operation of the Authority for the ensuing fiscal year. The budget shall be prepared in the manner and contain the information required of City departments. Before the budget may be adopted by the Board, it shall be approved by the City Council of the City of New Buffalo. Funds of the City shall not be included in the budget of the Authority except those funds authorized in this ordinance or by the City Council.
B. 
The City Council may assess a reasonable pro rata share of the funds for the cost of handling and auditing the funds against the funds of the Authority, other than those committed, which cost shall be paid annually by the Board pursuant to an appropriate item in its budget.
A. 
A public facility, building, or structure which is determined by the City to have significant historical interests shall be preserved in a manner as deemed necessary by the City in accordance with laws relative to the preservation of historical sites.
B. 
The Authority shall refer to all proposed changes to the exterior of sites listed on the State Register of the Historic Sites and the National Register of Historic Places to the applicable Historic District Commission created under Public Act No. 169 of the Public Acts of 1970,[1] or the Secretary of State for review.
[1]
Editor's Note: See MCLA § 399.201 et seq.
If the Authority completes the purposes for which it was organized it shall be dissolved by ordinance of the City Council. The property and assets of the Authority remaining after the satisfaction of the obligation of the Authority shall belong to the City.
If any provision of: this ordinance shall be held invalid, its invalidity shall not affect any other provision of this ordinance that can be given effect without the invalid provision, and for this purpose the provisions of this ordinance are hereby declared to be severable.
The City Clerk of the City of New Buffalo, is hereby directed to file a certified copy of this Ordinance with the Office of the Secretary of State of Michigan promptly after its adoption as set forth below in conformity with Act 197 of P.A. 1975, as amended.[1]
[1]
Editor's Note: See MCLA § 125.1651 et seq.
[Added 2-18-2014 by Ord. No. 213]
The City Council of the City of New Buffalo, Berrien County, Michigan, as recommend by the City of New Buffalo Downtown Development Authority Board, does herewith adopt the Downtown Development Plan and Tax Increment Financing Plan dated February 18, 2014.