[HISTORY: Adopted by the Township Board of the Charter Township of
Blackman 5-18-1992 by Ord. No. 64; amended
in its entirety 4-19-1993 by Ord. No. 73.
Subsequent amendments noted where applicable.]
This chapter shall be known as the "Downtown Development Authority Ordinance"
of the Charter Township of Blackman.
The Township Board of the Charter Township of Blackman (the "Township")
hereby determines that it is necessary for the best interests of the public
to reinstate, create, re-create and reactivate a public body corporate which
shall operate to halt property value deterioration, eliminate the causes of
that deterioration, increase property tax valuation where possible in the
business district of the Township, and promote economic growth, pursuant to
Act 197 of the Public Acts of Michigan, 1975, as amended,[1] and finds that:
A.
Its action in dissolving the Authority by adoption of Ordinance
No. 58 was in error;
B.
The purposes of the Authority have not been completed; and
C.
It intends to reinstate the Authority as of the date preceding
the effective date of Ordinance No. 58.
[1]
Editor's Note: See MCLA § 125.1651 et seq.
The terms used in this chapter shall have the same meanings 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 chapter, the following
terms shall have the meanings indicated:
Act No. 197 of the Public Acts of Michigan of 1975, as amended.[1]
The Downtown Development Authority of the Charter Township of Blackman
reinstated by this chapter.
The Board of Directors of the Authority, the governing body of the
Authority.
The Supervisor of the Township.
The Downtown District designated by this chapter, as now existing
or hereafter amended, and within which the Authority shall exercise its powers.
The Charter Township of Blackman, County of Jackson, State of Michigan.
The Township Board of the Township.
[1]
Editor's Note: See MCLA § 125.1651 et seq.
There is hereby reinstated, re-created and reactivated a downtown development
authority for the Township pursuant to Act 197. The Authority shall be a public
body corporate and shall be known and exercise its powers under title of the
"Downtown Development Authority of the Charter Township of Blackman." 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 chapter and Act 197. The enumeration
of a power in this chapter or in Act 197 shall not be construed as a limitation
upon the general powers of the Authority.
Upon completion of its purposes, the Authority may be dissolved by the
Township Board. The property and assets of the Authority, after dissolution
and satisfaction of its obligations, shall revert to the Township.
The Downtown District as designated in Ordinance No. 55 is amended and redesignated to consist of the territory in the Township described in Exhibit A, attached hereto and made a part thereof,[1] subject to such changes as may hereinafter be made pursuant to
this chapter and Act 197.
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
[Amended 1-9-2006 by Ord. No. 110]
The Authority shall be under the supervision and control of the Board.
The Board shall consist of the Chief Executive Officer and nine members. Members
shall be appointed by the Chief Executive Officer, subject to approval by
the Township Board; with the exception of one Board member, who shall be nominated
by the Chair of the County Board of Commissioners and subject to the approval
of the Chief Executive Officer and the Township Board. 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. Members shall be appointed to serve for a term of four
years, except that of the members first appointed, an equal number, as near
as is practicable, shall be appointed for terms of one year, two years, three
years, and four years. A member shall hold office until the member's successor
is appointed and qualified. Before assuming the duties of office, a member
shall qualify by taking and subscribing to the constitutional oath of office.
An appointment to fill a vacancy shall be made by the Chief Executive Officer
for the unexpired term only. Members of the Board shall serve without compensation,
but shall be reimbursed for actual and necessary expenses. The Chairperson
of the Board shall be elected by the Board. The Board shall adopt bylaws governing
its procedures subject to the approval of the Township Board. In the event
that the Board determines to employ a Director of the Authority, such Director
shall furnish a bond in the penal sum established by resolution of the Authority
for use and benefit of the Authority and shall file the same with the Township
Clerk of the Township.
Except as specifically otherwise provided in this chapter, the Authority
shall have all powers provided by law subject to the limitations imposed by
law and herein.
A.
The fiscal year of the Authority shall begin on January
1 of each year and end on December 31 of the same year, or such other fiscal
year as may hereafter be adopted by the Township Board.
B.
The Board shall prepare annually a budget and shall submit
it to the Township Board for approval in the manner and at the time, and which
budget shall contain the information, required of municipal departments. The
Board shall not finally adopt a budget for any fiscal year until the budget
has been approved by the Township Board. 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 Township
Board at the same time and on the same basis as departments of the Township
are required to submit reports. The Authority shall be audited annually by
the same independent auditors auditing the Township and copies of the audit
report shall be filed with the Township Board.
This chapter shall be published once after its adoption in full in the
Jackson Citizen-Patriot, a newspaper of general circulation in the Charter
Township of Blackman, and the Township Clerk shall file a certified copy of
the ordinance with the Michigan Secretary of State promptly after its adoption.
