[Adopted 6-17-2002 by Ord. No. 103]
This article shall be known and cited as the
"Blackman Charter Township Tax Exemption — Maple Ridge
West."
A.
It is acknowledged that it is a proper public purpose
of the State of Michigan and its political subdivisions to provide
housing of its citizens of low income and to encourage the development
of such housing by providing for a service charge in lieu of property
taxes in accordance with the State Housing Development Authority Act
of 1966 [1966 PA 346, as amended, MCLA § 125.1401 et seq.,
MSA Section 116.114(1) et seq.]. The Township of Blackman is authorized
by this Act to establish or change the service charge to be paid in
lieu of taxes by any or all classes of housing exempt from taxation
under this Act at any amount it chooses, not to exceed the taxes that
would be paid but for this Act. It is further acknowledged that such
housing for persons of low income is a public necessity, and as the
Township of Blackman will be benefitted and improved by such housing,
the encouragement of the same by providing certain real estate tax
exemption for such housing is a valid public purpose; further, that
the continuance of the provisions of this article for tax exemption
and the service charge in lieu of taxes during the period contemplated
in this article are essential to the determination of economic feasibility
of housing developments which are constructed and financed in reliance
on such tax exemption.
B.
The Township of Blackman acknowledges that Maple Ridge
West Limited Dividend Housing Association Limited Partnership (the
"sponsor") has offered, subject to receipt of a mortgage loan from
the Michigan State Housing Development Authority, or other lender,
to erect, own and operate a housing development identified as Maple
Ridge West on certain property located at and more particularly described
as:
|
A parcel of land owned and used as one parcel,
being a part of The Southeast 1/4 of the Northeast 1/4 of Section
36, Town 2 South, Range 1 West and part of Block 5, Maple Ridge Subdivision,
a Recorded plat, said entire parcel described as follows:
| |
|
Beginning at the southeast corner of Lot 1,
Block 5, Maple Ridge Subdivision, a Recorded plat, thence North 187
feet; thence N 89 degrees 53' E, 24 feet; thence North 50 feet; thence
N 89 degrees 27' E, 40.55 feet to a point for place of beginning of
this description: thence N 89 degrees 39' E, 54.92 feet; thence S
05 degrees 37' E, 44.40 feet; thence S 84 degrees 01' W, 40.45 feet;
thence S 05 degrees 44'2" E, 164.45 feet to the North right-of-way
line of Michigan Avenue, said point being 78 feet Northeasterly of
the intersection of said Northerly line with the North line of Ganson
Street; thence Northeasterly along the Northerly line of Michigan
Avenue 127.18 feet; thence N 05 degrees, 44'20" W, 249.85 feet; thence
East, 111.37 feet; thence North, 521.60 feet to the Southeast corner
of Lot 8, Block 4, Maple Ridge Subdivision, a recorded plat; thence
S 89 degrees 53' W, 282.30 feet to a point which is 24 feet N 89 degrees
53' E of the Northeast corner of Lot 14, Block 5, Maple Ridge Subdivision,
a recorded plat; thence South 175.30 feet; thence S 89 degrees 53';
W, 24 feet; thence South 172.60 feet; thence N 89 degrees 53' E, 24
feet; thence South 50 feet; thence S 89 degrees 53' W, 24 feet; thence
South 100 feet; thence N 89 degrees 53' E, 54.93 feet; thence S 05
degrees 30' E, 100.37 feet to beginning. EXCEPT, Beginning at the
East 1/4 Post of Section 36; then north 313.10 feet along the East
section line to the centerline of Michigan Avenue; thence S 71 degrees
16 W, 782.57 feet along said centerline; thence N 05 degrees 52'59"
W, 33.85 feet to the North right-of-way line of E. Michigan Avenue
to a point for the place of beginning of this exception; thence S
71 degrees 16' W, 127.33 feet (record 127.18 feet) along the North
right-of-way line of E. Michigan Avenue; thence N 05 degrees 47'24"
W, 165 feet (record N 05 degrees 47'224" W, 165 feet) (record N 05
degrees 44'20" W, 164.9 and 164.45 feet); thence N 84 degrees 42'34"
E (record N 84 degrees 23'30"), 40.45 feet; thence N 05 degrees 09'20"
W (record N 05 degrees 07 W), 44.4 feet; thence N 81 degrees 11'31"
E, 82.97 feet; thence S 05 degrees 52'59" E, 184.89 feet to the place
of beginning. ALSO, entire Lots 6, 7, 8, 9 and 10, Block 5, Maple
Ridge Subdivision. Said parcel containing 4.11 acres more or less.
|
C.
In the Township of Blackman to serve persons of low
income, and that the sponsor has offered to pay the Township of Blackman
on account of this housing development an annual service charge for
public services in lieu of all taxes.
As used in this article, the following terms
shall have the meanings indicated:
The State Housing Development Authority Act, being Public
Act 346 of 1966, of the State of Michigan, as amended.[1]
The total collections during an agreed annual period from
all occupants of a housing development representing rent or occupancy
charges, exclusive of charges for gas, electricity, heat, or other
utilities furnished to the occupants.
The Michigan State Housing Development Authority.
As defined by the U.S. Department of Housing and Urban Development
in regulations promulgated pursuant to the U.S. Housing Act of 1937,
as amended. (Delete if inapplicable.)
A development which contains a significant element of housing
for persons of low income and such elements of other housing, commercial,
recreational, industrial, communal, and educational facilities as
the Authority determines to improve the quality of the development
as it relates to housing for persons of low income.
A loan to be made by the Authority, or other lender, to the
sponsor for the construction and/or permanent financing of the housing
development.
A household composed of one or more persons at least one
of whom is 55 years of age or more at the time of initial occupancy.
Person(s) or entities which have applied to the Authority,
or other lender, for a mortgage loan to finance a housing development.
Fuel, water, sanitary sewer service and/or electrical service
which are paid by the housing development.
[1]
Editor's Note: See MCLA § 125.1401
et seq.
It is determined that the class of housing developments
to which the tax exemption shall apply and for which a service charge
shall be paid in lieu of such taxes shall be multiple dwellings for
senior citizens which are located in Blackman Township and which are
financed or assisted pursuant to the Act. It is further determined
that Maple Ridge West is of this class.
The housing development identified as Maple
Ridge and the property on which it shall be constructed shall be exempt
from all property taxes from and after the commencement of construction.
The Township of Blackman, acknowledging that the sponsor and the Authority
have established the economic feasibility of the housing development
in reliance upon the enactment and continuing effect of this article
and the qualification of the housing development for exemption from
all property taxes and a payment in lieu of taxes as established in
this article, and in consideration of the sponsor's offer, subject
to receipt of a mortgage loan from the Authority, or other lender,
to construct, own and operate the housing development, agrees to accept
payment of an annual service charge for public services in lieu of
all property taxes. The annual service charge shall be equal to 7%
of the differences between annual shelter rents actually collected
and utilities.
A.
Notwithstanding § 105-65, the service charge to be paid each year in lieu of taxes for the part of the housing development which is tax exempt and which is occupied by other than low-income persons or families shall be equal to the full amount of the taxes which would be paid on that portion of the housing development if the housing development was not tax exempt.
The service charge in lieu of taxes as determined
under this article shall be payable in the same manner as general
property taxes are payable to the Charter Township of Blackman except
that the annual payment shall be paid on or before August 31st of
each year.
Those housing projects which are currently exempt
from taxation and are already making payment in lieu of tax (PILOT)
payments shall not be affected nor shall the terms of the tax exemption
and PILOT payments for those housing projects be changed by reason
of the passage of this article.
This article shall remain in effect and shall
not terminate so long as the mortgage loan remains outstanding and
unpaid or the Authority has any interest in the property; provided
that construction of the housing development commences within one
year from the effective date of this article, and provided further
the exemption shall not exceed 35 years from the date of the first
payment towards amortization of the mortgage loan.
Notwithstanding the provisions of Section 15(a)(5)
of the Act,[1] to the contrary, a contract between the Charter Township
of Blackman and the sponsor with the Authority as third party beneficiary
under the contract, to provide tax exemption and accept payments in
lieu of taxes, as previously described, is effectuated by enactment
of this article.
[1]
Editor's Note: See MCLA § 125.1415a(5).
