[10-9-2023 by Ord. No. 23-005]
The City of Port Huron has determined that it is necessary and
in the best interest of the public to promote residential and economic
revitalization and growth in the Southside Community of Port Huron.
Pursuant to the recodified Tax Increment Financing Act, Public Act
57 of 2018 (the "Act"), local units of government may establish certain
tax increment finance authorities; to prescribe the powers and duties
of the authorities; to correct and prevent deterioration in residential,
commercial, and industrial areas and certain other areas; to authorize
the acquisition and disposal of interests in real and personal property;
to authorize the creation and implementation of development plans
and development areas; to promote residential and economic growth;
to create certain boards; to prescribe the powers and duties of certain
boards; to authorize the issuance of bonds and other evidences of
indebtedness; to levy certain taxes; to authorize the use of tax increment
financing; etc. With this authority, the City of Port Huron has selected
to establish a neighborhood improvement authority, as defined by the
Act, to be known as the Southside Neighborhood Improvement Authority.
[10-9-2023 by Ord. No. 23-005]
The Southside Neighborhood Improvement Authority is established
pursuant to the Act, as amended, and, except as provided herein, shall
have all the powers, duties and authority prescribed in the Act and
subject to the City Council adopted Development and Tax Increment
Financing Plans. Nothing herein shall be constructed to give the Southside
Neighborhood Improvement Authority the power of condemnation or eminent
domain.
[10-9-2023 by Ord. No. 23-005]
Pursuant to the provisions of and under the authority of Public
Act 57 of 2018, as amended, there is hereby created a Southside Neighborhood
Improvement Authority, which shall be under the supervision and control
of a Board, consisting of the Chief Executive Officer of the municipality
or his or her designee, and six members appointed by the Mayor, subject
to the approval of the City Council. A majority of the members shall
be persons having an ownership or business interest in property located
in the development area, as hereinafter described. A majority of members
must be residents of the district and may be owners or renters.
[10-9-2023 by Ord. No. 23-005]
Of the members first appointed, an equal number of the members,
as near as is practicable, shall be appointed for one year, two years,
and three years. A member shall hold office until the member's
successor is appointed. After the initial appointment, each member
shall serve for a term of four years. An appointment to fill a vacancy
shall be made by the Mayor for the unexpired term only.
[10-9-2023 by Ord. No. 23-005]
Members of the Board shall serve without compensation but shall
be reimbursed for actual and necessary expenses.
[10-9-2023 by Ord. No. 23-005]
The chairperson of the Board shall be elected by the Board.
[10-9-2023 by Ord. No. 23-005]
Before assuming the duties of office, a member shall qualify
by taking and subscribing to the constitutional oath of office.
[10-9-2023 by Ord. No. 23-005]
The proceedings and rules of the Board are subject to the Open
Meetings Act, 1976 PA 267, MCL 15.261 et seq. The Board shall adopt
rules governing its procedure and the holding of regular meetings,
subject to the approval of the governing body. Special meetings may
be held if called in the manner provided in the rules of the Board.
[10-9-2023 by Ord. No. 23-005]
After having been given notice and an opportunity to be heard,
a member of the Board may be removed for cause by the Port Huron City
Council.
[10-9-2023 by Ord. No. 23-005]
All expense items of the authority shall be publicized monthly,
and the financial records shall always be open to the public.
[10-9-2023 by Ord. No. 23-005]
A writing prepared, owned, used, in the possession of, or retained
by the Board in the performance of an official function is subject
to the Freedom of Information Act, 1976 PA 442, MCL 15 et seq.
[10-9-2023 by Ord. No. 23-005]
The Board shall possess all the powers granted to it by P.A.
57 of 2018, as amended, and shall perform any and all acts required
of it.
[10-9-2023 by Ord. No. 23-005]
(a)
A budget shall be submitted to the Board for the operation of the
authority for each fiscal year before the beginning of the fiscal
year. The budget shall be prepared in the manner and contain the information
required of other City departments. After review by the Board, the
budget shall be submitted to the Port Huron City Council. The Port
Huron City Council shall approve the budget before the Board may adopt
the budget. Unless authorized by the Port Huron City Council or by
P.A. 57 of 2018, as amended, funds of the municipality shall not be
included in the budget of the authority.
(b)
The Port Huron City Council shall assess a reasonable pro rata share
of the funds for the cost of handling, accounting, and auditing the
funds against the funds of the authority, other than those committed,
which shall be paid annually by the Board pursuant to an appropriate
item in its budget.
[10-9-2023 by Ord. No. 23-005]
Part of fractional sections 15, 21, and 22, of town 06 north,
range 17 east, City of Port Huron, St. Clair County, Michigan and
being more particularly described as:
Beginning at the southwest corner of said fractional section
21; thence north along the west line of section 21, being also the
centerline of 32nd Street to intersection of the centerline of Goulden
Street; thence east along said centerline of Goulden Street to the
intersection of 28th Street; thence north along said centerline of
28th Street to a point on the east-west 1/4 line of section 21, being
also the centerline of Moak Street; thence west along said east-west
1/4 line and centerline of Moak Street to the west 1/4 corner of section
21, said point being on the centerline of 32nd Street; thence north
along the west line of section 21, being also the centerline of 32nd
Street to the intersection of the centerline of Nern Street; thence
east along said centerline of Nern Street to the intersection of the
centerline of 28th Street; thence north along said centerline of 28th
Street to the intersection of the centerline of Cleveland Avenue;
thence east along said centerline of Cleveland Avenue to the intersection
of the centerline of 26th Street; thence north along said centerline
of 26th Street to the north line of section 21, being also the centerline
of Dove Street; thence east along said north section line and the
centerline of Dove to the north 1/4 corner of section 21, said corner
being on the centerline of 24th Street; thence south along the north-south
1/4 line, being also the centerline of 24th Street to the centerline
of Cleveland Avenue; thence east along said center of Cleveland Avenue
to the intersection with the northeast line of lot E of Assessor's
Military Street Plat No. 3 as recorded in Liber 44 of Plats, page
8; thence southeast along said northeast line of Lot E and its extension
to the centerline of Electric Avenue; thence northeast along said
centerline of Electric Avenue to the east line of section 21 and the
west line of section 22, being also the centerline of 16th Street;
thence north along said section line and the centerline of 16th Street
to the section corner common to sections 15, 16, 21, and 22; thence
north along the section line common to sections 15 and 16, being also
the centerline of 16th Street to the extension of the line common
to the north line of Assessor's Military St. Plat No. 2 as recorded
in Liber 30 of Plats, page 10 and the south line of Assessor's
Beard St. Plat as recorded in Liber 43 of Plats, page 9; thence east
along said line to the centerline of 12th Street; thence south along
said centerline of 12th Street to the intersection with the centerline
of Vanderburg Place; thence east and southeast along said centerline
of Vanderburg Place to the centerline of Military Street; thence northeast
along said centerline of Military Street to the intersection of the
northeast line of Lot 53 extended northwesterly of Assessor's
Military St. Plat No. 2 as recorded in Liber 30, page 10; thence southeast
along said northeast line of Lot 53 and its extension to the Water's
Edge of the St. Clair River; thence southwesterly along said Water's
Edge of the St. Clair River to the south line of section 21; thence
west along said south line of section 21, being in part along the
centerline of Ravenswood Road to the point of beginning.
[10-9-2023 by Ord. No. 23-005]
An authority that has completed the purposes for which it was
organized shall be dissolved by ordinance of the Port Huron City Council.
Property and assets of the authority remaining after the satisfaction
of the obligations of the authority belong to the City of Port Huron.
[10-9-2023 by Ord. No. 23-005]
The various parts, sections and clauses of the article are declared
to be severable. If any part, sentence, paragraph, section or clause
is adjudged unconstitutional or invalid by a court of competent jurisdiction,
the remainder of the article shall not be affected.
[10-9-2023 by Ord. No. 23-005]
This article shall be effective on the day of publication, but
not less than five days after its passage.
