[HISTORY: Adopted by the City Council of the City of Bridgman as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-2-2007 by Ord. No. 164]
The City hereby establishes the Corridor Improvement Authority of the City of Bridgman pursuant to the provisions of Act 280, Public Acts of 2005, as amended.
The Corridor Improvement District of the City of Bridgman, being the area within which the Corridor Improvement Authority shall exercise its powers, is hereby established as:
As used in this article, the following terms shall have the meanings indicated:
- A transfer of funds made by a municipality to an authority or to another person on behalf of the authority in anticipation of repayment by the authority. Evidence of the intent to repay an advance may include, but is not limited to, an executed agreement to repay, provisions contained in a tax increment financing plan approved prior to the advance, or a resolution of the authority or the municipality.
- ASSESSED VALUE
- The taxable value as determined under Section 27A of the General Property Tax Act, 1893 P.A. 206, MCLA § 211.27a.
- A corridor improvement authority created under said act.
- The Board of Trustees of the Authority.
- BUSINESS DISTRICT
- An area of a municipality zoned and used principally for business.
- CAPTURED ASSESSED VALUE
- The amount in any one year by which the current assessed value of the development area, including the assessed value of property for which specific local taxes are paid in lieu of property taxes as determined in by the state's fiscal year of October 1, exceeds the initial assessed value. The state tax commission shall prescribe the method for calculating captured assessed value.
- CHIEF EXECUTIVE OFFICER
- The Mayor of the City of Bridgman.
- DEVELOPMENT PLAN
- That information and those requirements for a development area set forth in said act.
- DEVELOPMENT PROGRAM
- The implementation of the development plan.
- FISCAL YEAR
- The fiscal year of the authority.
- GOVERNING BODY or GOVERNING BODY OF A MUNICIPALITY
- The City Council of the City of Bridgman.
- INITIAL ASSESSED VALUE
- The assessed value, as equalized, of all the taxable property within the boundaries of the development area at the time the ordinance establishing the tax increment financing plan is approved, as shown by the most recent assessment roll of the municipality for which equalization has been completed at the time the resolution is adopted. Property exempt from taxation at the time of the determination of the initial assessed value shall be included as zero. For the purpose of determining initial assessed value, property for which a specific local tax is paid in lieu of a property tax shall not be considered to be property that is exempt from taxation. The initial assessed value of property for which a specific local tax was paid in lieu of a property tax shall be determined as commencing October 1 of each year.
- LAND USE PLAN
- A plan prepared under Section 7 of Act 33 of P.A. 2008, as
amended, MCLA § 125.3807, being the Michigan Planning Enabling
Act, or Act 110 of P.A. 2006, MCLA §§ 125.3101 to 125.3702,
being the Michigan Zoning Enabling Act.[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
- The City of Bridgman.
- Office maintenance, including salaries and expenses of employees, office supplies, consultation fees, design costs, and other expenses incurred in the daily management of the authority and planning of its activities.
- An identifiable unit of land that is treated as separate for valuation or zoning purposes.
- PUBLIC FACILITY
- A street, plaza, pedestrian mall, and any improvements to a street, plaza, or pedestrian mall including street furniture and beautification, sidewalk, trail, lighting, traffic flow modification, park, parking facility, recreational facility, right-of-way, structure, waterway, bridge, lake, pond, canal, utility line or pipe, or building, including access routes designed and dedicated to use by the public generally, or used by a public agency. Public facility includes an improvement to a facility used by the public or a public facility as those terms are defined in Section 1 of 1966 P.A. 1, MCLA § 125.1351, if the improvement complies with the barrier-free design requirements of the state construction code promulgated under the Stille-DeRossett-Hale Single State Construction Code Act, 1972 P.A. 230, MCLA §§ 125.1501 to 125.1531.
- SPECIFIC LOCAL TAX
- A tax levied under P.A. 198 of 1974, MCLA §§ 207.551 to 207.572, as amended, the Commercial Redevelopment Act, P.A. 255 of 1978, MCLA §§ 207.651 to 207.668, as amended, the Technology Park Development Act, P.A. 385 of 1984, MCLA §§ 207.701 to 207.718, as amended, or P.A. 189 of 1953, MCLA §§ 211.181 to 211.182, as amended. The initial assessed value or current assessed value of property subject to a specific local tax shall be the quotient of the specific local tax paid divided by the ad valorem millage rate. The State Tax Commission shall prescribe the method for calculating the initial assessed value and current assessed value of property for which a specific local tax was paid in lieu of a property tax.
- STATE FISCAL YEAR
- The annual period commencing October 1 of each year.
- TAX INCREMENT REVENUES
- The amount of ad valorem property taxes and specific local taxes attributable to the application of the levy of all taxing jurisdictions upon the captured assessed value of real and personal property in the development area. Tax increment revenues do not include any of the following:
- A. Taxes under the State Education Tax Act, 1993 P.A. 331, MCLA §§ 211.901 to 211.906.
- B. Taxes levied by local or intermediate school districts.
- C. Ad valorem property taxes attributable either to a portion of the captured assessed value shared with taxing jurisdictions within the jurisdictional area of the authority or to a portion of value of property that may be excluded from captured assessed value or specific local taxes attributable to the ad valorem property taxes.
- D. Ad valorem property taxes excluded by the tax increment financing plan of the authority from the determination of the amount of tax increment revenues to be transmitted to the authority or specific local taxes attributable to the ad valorem property taxes.
- E. Ad valorem property taxes exempted from capture under Section 18(5) or specific local taxes attributable to the ad valorem property taxes.
- F. Ad valorem property taxes specifically levied for the payment of principal and interest of obligations approved by the electors or obligations pledging the unlimited taxing power of the local governmental unit or specific taxes attributable to those ad valorem property taxes.
Editor's Note: See MCLA § 125.4618(5).
An authority shall be under the supervision and control of a Board of Trustees consisting of the Chief Executive Officer of the City of Bridgman or his or her designee and six members from the community. Members shall be appointed by the Chief Executive Officer of the City of Bridgman, subject to approval by the City Council. Not less than a majority of the members shall be persons having an ownership or business interest in property located in the development area. At least one of the members shall be a resident of the development area or of an area within 1/2 mile of any part of the development area. The Chairperson of the Board shall be elected by the Board of Trustees. Before assuming the duties of office, a member shall qualify by taking and subscribing to the constitutional oath of office.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The members of the first Board of Trustees shall be appointed with terms thereof being staggered as follows: two members shall serve for a term of four years, two members shall serve for a term of three years, one member shall serve for a two-year term, and one member shall serve for a one-year term; the Chief Executive Officer or his or her designee shall be appointed annually by the City Council. Thereafter, all members, except the Chief Executive Officer, shall be appointed for four-year terms. All members shall hold office until their successors are appointed, and any vacancies in the Board of Trustees shall be filled by appointment by the Mayor, subject to approval by the City Council.
Any member of the Board of Trustees may be removed by the City Council for misfeasance, malfeasance or nonfeasance in office. The City Manager of the City of Bridgman may initiate proceedings by meeting with any Trustee who has been challenged for such action or lack of action. After meeting with the Trustee, the City Manager shall report to the Chief Executive Officer. In the event the Chief Executive Officer determines that the Trustee may be guilty of misfeasance, malfeasance or nonfeasance in office, the Chief Executive Officer shall submit the matter to the City Council, together with a prepared written statement of charges. The Council shall conduct a public hearing. The hearing shall be recorded, the Trustee may be represented by counsel, call witnesses, and testify. The decision of the Council shall be final. The Trustee may appeal the decision to the Circuit Court for Berrien County.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Trustees shall serve without compensation but shall be reimbursed for necessary expenses.
The proceedings of the Board are subject to the Open Meetings Act, P.A. 267 of 1976, MCLA § 15.261 to 15.275, as amended. The Board may adopt rules governing its procedure and the holding of regular meetings. Special meetings may be held if called by the Chair or upon request of any two Trustees. All records of the Authority are subject to the Freedom of Information Act, P.A. 442 of 1976, MCLA §§ 15.231 to 15.246, as amended.
The Board may employ and fix the compensation of a Executive Director, subject to the approval of the City Council. The Executive Director shall serve until terminated by the Board. A member of the Board is not eligible to hold the position of Executive Director. Before beginning his or her duties, the Executive Director shall take and subscribe to the constitutional oath, and shall be included in the City of Bridgman employee bond. The Executive Director shall be the Chief Administrative Officer of the Authority. Subject to the approval of the Board, the Executive Director shall supervise and be responsible for the preparation of plans and the performance of the functions of the Authority in the manner authorized by Act 280 of P.A. 2005, as amended. The Executive Director shall attend the meetings of the Board and shall provide to the Board and to the City Council a report covering the activities and financial condition of the Authority. If the Executive Director is absent or disabled, the Board may designate a qualified person as Acting Director to perform the duties of the office. Before beginning his or her duties, the Acting Director shall take and subscribe to the oath.
The City Treasurer shall act as Treasurer for the Authority and shall keep the financial records of the Authority and who, together with the Executive Director, shall approve for submission to the Board all vouchers for the expenditure of funds of the Authority. The Treasurer shall perform all duties delegated to him or her by the Board.
The City Clerk or her designee shall act as Secretary to the Board, who shall maintain custody of all records of the Authority. The Secretary shall attend meetings of the Board and keep a record of its proceedings and shall perform other duties delegated by the Board.
The City Attorney shall act as legal counsel and advisor to the Board in the proper performance of its duties. The City Attorney shall represent the authority in actions brought by or against the Authority.
The Board may employ other personnel considered necessary by the Board.
The employees of an Authority shall be eligible to participate in the City of Bridgman retirement and insurance programs of the municipality as if they were public employees.
The City Clerk of the City of Bridgman 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 280 of P.A. 2005, as amended.
Editor's Note: See now MCLA § 125.4602 et seq.
[Adopted 6-6-2011 by Ord. No. 182]
The City Council of the City of Bridgman, Berrien County, Michigan, as recommend by the Board of Trustees of the City of Bridgman Corridor Improvement Authority, do herewith approve and adopt the Corridor Improvement Authority Development Plan and Tax Increment Financing #1 Plan, dated May 2011, including the following provision:
The Mayor and Council members of the City of Bridgman do herewith establish the policy that annually the City Council and Corridor Improvement Authority shall jointly prepare an annual report, which shall be certified and signed by the Chair of the Corridor Improvement Authority and Mayor and be provided to each taxing jurisdiction for which taxes are captured and used by the Corridor Improvement Authority, containing:
An analysis of programmatic and budgetary activities for the prior year;
An analysis of the progress towards implementation of the work program and projects set forth in the approved development plan;
An analysis of the need for and application of future tax increment financing funding for implementation of the work program and projects set forth in the approved development plan; and
An analysis of programmatic and budgetary activities for the ensuing year.