[Code 1994, § 22-36; Ord. No. 88-1, § 9.66, 7-21-1988]
The terms used in this article shall have the same meaning as
given them in Public Act No. 197 1975 (MCL 125.1651 et seq.) or as
provided in this section, unless the context clearly indicates to
the contrary, and shall be in addition to the terms provided in Act
197.
Means Public Act No. 197 of 1975 (MCL 125.1651 et seq.).
Means the downtown development authority of the Village.
Means the governing body of the downtown development authority
of the Village.
Means the president of the Village.
Means the downtown district designated in this article as
now existing or hereafter amended.
[Code 1994, § 22-37; Ord. No. 88-1, § 9.67, 7-21-1988]
The Village Council hereby determines that for the best interest
of the Village it is necessary to attempt to halt property value deterioration
and increase property tax valuation where possible in the business
district of the Village and to eliminate the causes of that deterioration
and promote economic growth by establishing a downtown development
authority pursuant to Act 197.
[Code 1994, § 22-38; Ord. No. 88-1, § 9.68, 7-21-1988]
(a)
There is hereby created, pursuant to Act 197, a downtown development
authority for the Village. The authority shall be a public body corporate
and shall be known and exercise its powers under title of downtown
development authority of the Village.
(b)
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 in this article
and in Act 197. The enumeration of a power in this article or in Act
197 shall not be construed as a limitation upon the general powers
of the authority.
[Code 1994, § 22-39; Ord. No. 88-1, § 9.69, 7-21-1988]
The downtown district in which the authority shall exercise
its powers, as provided by Act 197, shall consist of the following
described territory within the Village, subject to such changes as
may be made pursuant to this article and Act 197:
Commencing at the center of the intersection of John Beers Road
and DeMorrow Road, which is the northeast corner of Section 28, township
5 south, range 19 west; thence southerly along DeMorrow Road 170 feet;
thence westerly approximately 643 feet to Hickory Creek; thence southeasterly
along Hickory Creek approximately 370 feet to the southerly boundary
of the Village Square; thence west 303 feet; thence north 165 feet
to the boundary of the Village Square; thence westerly approximately
272.5 feet to the center of Mill Street; thence south along the center
of Mill Street to the center of Lawrence Avenue; thence west approximately
55 feet; thence south to the Schultz property approximately 187 feet;
thence west 200 feet to the center of St. Joseph Avenue; thence northwesterly
along St. Joseph Avenue approximately 45 feet to the southerly boundary
of the Mitchell property as extended; thence west approximately 176.9
feet; thence north to the center of Lawrence Avenue; thence west along
the center of Lawrence Avenue approximately 500 feet to the west line
of Lot 8 of Block 6 extended into Lawrence Avenue; thence north approximately
330 feet to the center of Kimmel Avenue; thence east approximately
99 feet to the center of Berrien Street; thence north along the center
of Berrien Street approximately 330 feet to the center of John Beers
Road; thence northerly to the north edge of John Beers Road at the
northeast corner of the intersection of John Beers Road and Fairview
Street; thence north along Fairview Street approximately 264 feet
to the lot boundary; thence easterly approximately 467 feet to the
westerly boundary of the railroad right-of-way; thence easterly across
the railroad right-of-way to the westerly side of lot 16; thence northeasterly
along lot 16 to the northerly tip of lot 16; thence southwesterly
along the east side of lot 16 to a point that is west of the northwest
corner of a lot called 23-00 tax identification, which corner is about
377 feet northerly along St. Joseph Avenue from the northwest corner
of its intersection with John Beers Road; thence east across St. Joseph
Avenue to the northwest corner of such lot; thence easterly about
239 feet to the northeast corner of such lot; thence south about 128
feet; thence westerly along the lot boundary about 186 feet; thence
southwesterly along the lot lines extended approximately 215 feet
to the center of John Beers Road; thence easterly along the center
of John Beers Road to the point of beginning.
[Code 1994, 22-40; Ord. No. 88-1, 9.70, 7-21-1988; amended 8-14-2013; 10-24-2014]
The downtown development authority shall be under the supervision
and control of a board consisting of the President of the Village
and eight members. The members shall be appointed by the President
subject to approval by the Village Council. Eligibility for membership
on the board and the terms of office shall be as provided in Act 197.
All members shall hold office until the member's successor is
appointed.
[Code 1994, § 22-41; Ord. No. 88-1, § 9.71, 7-21-1988]
Except as specifically otherwise provided in this article, the
downtown development authority shall have all powers provided by law,
subject to the limitations imposed by law and in this article.
[Code 1994, § 22-42; Ord. No. 88-1, § 9.72, 7-21-1988]
If a director is employed as authorized by Section 5 of Act 197 (MCL 125.1655), he shall post bond in the penal sum of $10,000 as required by such section of Act 197 and by this article.
[Code 1994, § 22-43; Ord. No. 88-1, § 9.73, 7-21-1988]
The board shall adopt rules and regulations governing its procedures
and the holding of regular meetings subject to the approval of the
Village Council. Such rules of operation shall be governed by Public
Act No. 267 of 1976 (MCL 15.261 et seq.) and Public Act No. 442 of
1976 (MCL 15.231 et seq.).
[Code 1994, § 22-44; Ord. No. 88-1, § 9.74, 7-21-1988]
(a)
The fiscal year of the downtown development authority shall be the
same as the Village, or such other fiscal year as may hereafter be
adopted by the Village.
(b)
The board shall annually prepare a budget and shall submit it to
the Village Council on the same date that the proposed budget for
the Village is required by the Village Charter to be submitted to
the council. The board shall not finally adopt a budget for any fiscal
year until the budget has been approved by the Village Council. 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.
(c)
The authority shall submit financial reports to the Village Council
at the same time and on the same basis as departments of the Village
are required to submit reports. The authority shall be audited annually
by the same independent auditors auditing the Village, and copies
of the audit report shall be filed with the Village Council.
[Code 1994, § 22-45; Ord. No. 88-1, § 9.75, 7-21-1988]
Upon completion of its purposes, the downtown development authority
may be dissolved by the Village Council. The property and assets of
the authority, after dissolution and satisfaction of its obligations,
shall revert to the Village.
