[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.[1]
[1]
Editor's Note: See now the Recodified Tax Increment Financing
Act, P.A. 2018, No. 57, MCLA § 125.4101 et seq.
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:
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All that certain property situated in the City of Bridgman,
County of Berrien and State of Michigan, more particularly described
as follows, to wit:
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Beginning at the intersection of the Westerly right of way line
of Red Arrow Highway and the Easterly line of I-94 in the Southeast
Quarter of the Southeast Quarter of Section 24, Town 6 South, Range
19 and 20 West, City of Bridgman, Berrien County, State of Michigan,
thence along said easterly line of I-94 to the Southerly right of
way of Fern Street in Sulphur Springs Park, according to the Plat
thereof, Recorded June 13, 1923, in Volume 6 of Plats, page 52, thence
South 89°48' East along the South line of Fern Street to the East
line of Section 24 and the West line of Section 19, Township 6 South,
Range 19 West, City of Bridgman, thence South 75 feet, thence East
to the Westerly right of way line of Red Arrow Highway, thence Northeasterly
along said Westerly right of way line of Red Arrow Highway to a point
802.22 feet Southwesterly along said Westerly right of way line of
Red Arrow Highway from the South right of way line of Lake Street,
thence North 85°43' West 130 feet, thence North 95 feet, thence
East 30 feet, thence North 90.3 feet, thence East 195 feet to the
Westerly right of way line of Red Arrow Highway, thence Northeasterly
along said Westerly right of way line of Red Arrow Highway 275 feet,
thence West 180.95 feet, thence South 9.5 feet, thence West 367.52
feet, thence North 5°39' East 303.34 feet to the Center line of
Lake Street, thence Westerly along the Center line of Lake Street
to the Easterly line of I-94, thence Northeasterly along the East
line of I-94 to the North and South Quarter line of Section 18, Township
6 South, Range 19 West, thence South along said Quarter line to a
point 1698.5 feet North of the South Quarter Post of said Section
18, thence East 824 feet to the Westerly line of Red Arrow Highway,
thence Southwesterly along said westerly line of Red Arrow Highway
to the South line of Willard Street as extended, thence East to the
West line of Pine Street, thence South along said West line 162.2
feet, thence West 159.5 feet, thence South 862.4 feet, thence East
to the center line of Pine Street, thence South 132 feet, thence East
to the Center line of Maplewood Avenue, thence North 5 feet along
said Center line, thence East 132 feet, thence North 160 feet, thence
East 71 feet, thence North 177 feet to the South line of Maplewood
Addition according to the Plat thereof, Recorded July 22, 1920, in
Volume 6 of Plats, page 22, thence East 127.25 feet, thence South
177 feet to the South line of Post Court, thence East along said South
line to the West line of Mathieu Street, thence North along said West
line 141 feet, thence East to the Easterly right of way line of the
C & O Railroad, thence Northerly along said Easterly right of
way line to a point 726 feet North and 259.35 feet West of the Southeast
corner of Section 18, Township 6 South, Range 19 West, thence East
259.35 feet to the West line of Church Street, thence South along
said West line of Church Street 891 feet, thence West to the Easterly
right of way line of the C & O Railroad, thence Southwesterly
along said easterly right of way to a point South of the East line
of Maple Street as extended, thence North along the said East line
of Maple Street to a point 132 feet South of the South line of Lake
Street, thence West to the East line of Pine Street as extended, thence
North to the South line of Lake Street, thence West to the West line
of Toth Street, thence South along the Westerly line of Toth Street
522 feet, thence West 115 feet, thence North 325 feet, thence West
to the Center line of Baldwin Road, thence South along the Center
line of Baldwin Road 145 feet, thence West 159 feet, thence North
9 feet, thence West 119 feet, thence South 362.7 feet, thence West
19 feet, thence South 433 feet, thence West 231 feet, thence South
378.35 feet, thence East 31 feet, thence South 13°30' West 510
feet, thence West to a point 304.05 feet North of the Northwest Corner
of Baldwin Pines Condominium, being Berrien County Condominium Plan
No. 94, Recorded July 22, 1996, at Liber 94, pages 1 through 55, inclusive,
Berrien County Records, thence South to the Southwest corner of said
Baldwin Pines Condominium, thence East to the Center line of the South
Branch of Tanner Creek, thence Southwesterly along the Center line
of said Creek to the North line of DUNE VISTA ADDITION, City of Bridgman,
Berrien County, Michigan, according to the Plat thereof, Recorded
February 8, 1960, in Book 17 of Plats, page 21, thence West along
said North line to the Westerly line of said subdivision, thence Southerly
along the West line of said Subdivision and the Westerly lines of
TANNER CREEK and HIDDEN CREEK subdivisions, according to the Plats
thereof, Recorded December 12, 1991, in Liber 24 of Plats, page 41
and Recorded February 7, 2003, in Liber 26 of Plats, page 27, Berrien
County Records, to the Southwest corner of said HIDDEN CREEK, thence
West to Northerly right of way line of I-94, thence along the Northerly
right of way line as extended to the Westerly line of Red Arrow Highway,
thence Southwesterly along said westerly right of way line to the
place of beginning.
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Parcel being part of Sections 18, 19, and 24 City of Bridgman,
Berrien County, Michigan.
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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.
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.
An area of a municipality zoned and used principally for
business.
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.
The Mayor of the City of Bridgman.
The area described in § 23-2 above and to which a development plan is applicable.
That information and those requirements for a development
area set forth in said act.
The implementation of the development plan.
The fiscal year of the authority.
The City Council of the City of Bridgman.
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.
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.
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.
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.
The annual period commencing October 1 of each year.
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:
Taxes under the State Education Tax Act, 1993 P.A. 331, MCLA
§§ 211.901 to 211.906.
Taxes levied by local or intermediate school districts.
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.
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.
Ad valorem property taxes exempted from capture under Section
18(5)[1] or specific local taxes attributable to the ad valorem
property taxes.
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.
[1]
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.[1] 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.
[1]
Editor's Note: See now the Recodified Tax Increment Financing
Act, P.A. 2018, No. 57, MCLA § 125.4101 et seq.
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.[1]
[1]
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:
A.
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:
(1)
An analysis of programmatic and budgetary activities for the prior
year;
(2)
An analysis of the progress towards implementation of the work program
and projects set forth in the approved development plan;
(3)
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
(4)
An analysis of programmatic and budgetary activities for the ensuing
year.
