[HISTORY: Adopted by the City Commission of the City of Kalamazoo 3-1-1982 by Ord. No. 1245. Amendments noted where applicable.]
Kalamazoo Downtown Development Authority Tax Increment Financing Plan and Development Plan — See Ch. 35, Art. II.
ORDINANCE NO. 1245
AN ORDINANCE TO ESTABLISH A DOWNTOWN DEVELOPMENT AUTHORITY IN THE CITY OF KALAMAZOO PURSUANT TO ACT 197, PUBLIC ACTS OF MICHIGAN, 1975; TO PROVIDE FOR ESTABLISHMENT OF A BOARD OF DIRECTORS FOR THE AUTHORITY; TO DEFINE THE BOUNDARIES OF THE DOWNTOWN DEVELOPMENT AUTHORITY; AND TO PROVIDE FOR ALL OTHER MATTERS NECESSARY AND RELATED THERETO.
THE CITY OF KALAMAZOO ORDAINS:
This ordinance shall be known and may be cited as the "Downtown Development Authority Ordinance."
The terms used in this ordinance shall have the same meaning as given to them in Act 197 or as hereinafter in this section provided unless the context clearly indicates to the contrary. As used in this ordinance:
- ACT 197
- Act No. 197 of the Public Acts of Michigan of 1975, as now in effect or hereinafter amended.
- The Downtown Development Authority of the City of Kalamazoo created by this ordinance.
- BOARD OR BOARD OF DIRECTORS
- The board of directors of the authority, the governing body of the authority.
- CHIEF EXECUTIVE OFFICER
- The Mayor of the City.
- The City of Kalamazoo, Michigan.
- COMMISSION OR CITY COMMISSION
- The City Commission of the City.
- DOWNTOWN DISTRICT
- The downtown district designated by this ordinance as now existing or hereafter amended.
Editor's Note: See MCLA § 125.1651 et seq.
The City Commission of the City hereby determines that it is necessary for the best interests of the City to halt property value deterioration and increase property tax valuation where possible in the business district of the City, to eliminate the causes of that deterioration and to promote economic growth by establishing a downtown development authority pursuant to Act 197.
There is hereby created pursuant to Act 197 a downtown development authority for the City. The authority shall be a public body corporate and shall be known and exercise its powers under the title of "Downtown Development Authority of the City of Kalamazoo." The authority may adopt a seal, may sue and be sued in any court of this state and shall possess all of the powers necessary to carry out the purpose of its incorporation as provided by this ordinance and Act 197. The enumeration of a power in this ordinance or in Act 197 shall not be construed as a limitation upon the general powers of the authority.
The downtown district in which the authority shall exercise its powers as provided by Act 197 shall consist of the described territory in the City, subject to such changes as may hereinafter be made pursuant to this ordinance and Act 197, as set forth in Exhibit A, attached hereto and made a part hereof.
[Amended 4-20-1987 by Ord. No. 1412; 5-15-1989 by Ord. No. 1456; 2-19-1996 by Ord. No. 1610]
The authority shall be under the supervision and control of a board of directors consisting of the chief executive officer of the City and 10 members as provided by Act 197. The members shall be appointed by the chief executive officer, subject to the approval of the City, and shall hold office for the terms provided in Act. 197. 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 downtown district has 100 or more persons residing within it.
Except as specifically otherwise provided in this ordinance the authority shall have all powers provided by law subject to the limitations imposed by law and herein.
The fiscal year of the authority shall begin on January 1 of each year and end on December 31 of the following year or such other fiscal years as may hereafter be adopted by the City.
The board shall annually prepare a budget and shall submit it to the Commission on the same date that the proposed budget for the City is required by the City Charter to be submitted to the Commission. The board shall not finally adopt a budget for any fiscal year until the budget has been approved by the Commission. The board may, however, temporarily adopt a budget in connection with the operation of any improvements which have been financed by revenue bonds where required to do so by the ordinance authorizing the revenue bonds.
The authority shall submit financial reports to the Commission at the same time and on the same basis as departments of the City are required to submit reports. The authority shall be audited annually by independent auditors and copies of the audit report shall be filed with the Commission.
[Amended 7-9-1984 by Ord. No. 1328]
Section headings are provided for convenience only and are not intended to be part of this ordinance. If any portion of this ordinance shall be held to be unlawful, the remaining portions shall remain in full force and effect. All ordinances and parts of ordinances in conflict herewith are hereby repealed.
This ordinance shall be published once after its adoption in full in the Kalamazoo Gazette, a newspaper of general circulation in the City of Kalamazoo; and the City clerk shall file a certified copy of the ordinance with the Michigan Secretary of State promptly after its adoption.
This ordinance shall be effective from and after 10 days from the date of its adoption.