City of Royal Oak, MI
Oakland County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Adopted 11-1-1976 by Ord. No. 76-26]
This article shall be known and may be cited as the "Downtown Development Authority Ordinance."
A. 
The terms used in this article 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.
B. 
As used in this article, the following terms shall have the meanings indicated:
AUTHORITY
The Royal Oak Downtown Development Authority created by this article.
ACT 197
Act No. 197 of the Public Acts of Michigan of 1975 as now in effect or hereafter amended.[1]
BOARD or BOARD OF TRUSTEES
The Board of Trustees of the Authority, the governing body of the Authority.
CHIEF EXECUTIVE OFFICER
The City Manager of the City.
CITY
The City of Royal Oak, Michigan.
COMMISSION or CITY COMMISSION
The City Commission of the City.
DOWNTOWN DEVELOPMENT TAX
The tax authorized by this article pursuant to Act 197 to be imposed by the Authority in the downtown area.
DOWNTOWN DISTRICT
The Downtown District designated by this article as now existing or hereafter amended.
[1]
Editor's Note: See MCLA § 125.1651 et seq.
The City Commission of the City hereby determines that it is necessary for the best interests of the City to halt property value deterioration and increase property tax valuation where possible in the business district of the City, to eliminate the causes of that deterioration and to promote economic growth by establishing a Downtown Development Authority pursuant to Act 197.
There is hereby created pursuant to Act 197 a Downtown Development Authority for the City of Royal Oak, Michigan. The Authority shall be a public body corporate and shall be known and exercise its powers under title of "Royal Oak Downtown Development Authority." 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 corporation as provided by this article and Act 197. The enumeration of a power in this article or in Act 197 shall not be construed as a limitation upon the general powers of the Authority.
[Amended 12-12-1977 by Ord. No. 77-22; 6-6-1988 by Ord. No. 88-7; 12-5-1994 by Ord. No. 94-19; 8-15-2005 by Ord. No. 2005-09]
The Downtown District in which the Authority shall exercise its powers as provided by Act 197 shall consist of the following described territory in the City of Royal Oak, Michigan, subject to such changes as may hereinafter be made pursuant to this article and Act 197
A. 
Beginning at the intersection of the center line of Lincoln Avenue and the west right-of-way line of Main Street, thence south along the west right-of-way line of Main Street to the north right-of-way line on Kenilworth Avenue, thence west along the north right-of-way line of Kenilworth Avenue to the easterly right-of-way line of Woodward Avenue, thence southerly along the easterly right-of-way line of Woodward Avenue to the northerly right-of-way line of Interstate Highway 696, thence easterly along the northerly right-of-way line of I-696 to the east right-of-way line of Main Street, thence north along the east right-of-way of Main Street to the south lot line of Lot 14 of Hannan & Webber’s Sunset Park Subdivision, thence east along the south lot line of Lot 14 to the west lot line of Lot 61 of Hannan & Webber’s Sunset Park Subdivision, thence north along the west lot line of Lot 61 of Hannan & Webber’s Sunset Park Subdivision, thence north along the west lot line of Lot 62 of Hannan & Webber’s Sunset Park Subdivision, thence north along the west lot line of Lot 105 of Hannan & Webber’s Sunset Park Subdivision, thence north along the west lot line of Lot 106 of Hannan & Webber’s Sunset Park Subdivision, thence north along the west lot line of Lot 115 of Hannan & Webber’s Sunset Park Subdivision to the northwest lot corner of Lot 115, thence northerly to the southwest corner of Lot 116 of Hannan & Webber’s Sunset Park Subdivision, thence northerly from the southwest corner of Lot 116 along the west lot line of Lot 116 to the west lot line of Lot 51 of Donnelly’s Subdivision, thence north along the west lot line of Lot 51 to the north right-of-way line of Kenilworth Avenue, thence westerly along the north right-of-way of Kenilworth Avenue to the east right-of-way line of Main Street, thence north along the east right-of-way line of Main Street to the center line of Lincoln Avenue, thence east along the center line of Lincoln Avenue to the center line of Troy Street, thence north along the center line of Troy Street to the south right-of-way line of Fourth Street, thence east along the south right-of-way line of Fourth Street to the east right-of-way line of Knowles Street, thence north along the east right-of-way line of Knowles Street to the most northerly right-of-way line of Third Street, thence west 33.04 feet along the north right-of-way line of Third Street, thence north 262.16 feet along the west property line of Lot 29 of Assessor’s Plat No. 9, thence easterly along the north line of Lot 29 35.20 feet to the beginning of the east right-of-way line of Knowles Street at the northeast corner of Lot 29 of Assessor’s Plat No. 9, thence north along the east right-of-way line of Knowles Street to the north right-of-way line of Eleven Mile Road, thence west along the north right-of-way line of Eleven Mile Road to the center line of Troy Street, thence north along the center line of Troy Street to the center line of Pingree Boulevard, thence west along the center line of Pingree Boulevard to the center line of Main Street, thence south along the center line of Main Street to the center line of Eleven Mile Road, thence west along the center line of Eleven Mile Road to the center line of West Street, thence south along the center line of West Street to the center line of Lincoln Avenue, thence easterly along the center line of Lincoln Avenue to the point of beginning.
B. 
Said property is legally described as Lots 2 through 10 and the west 105.93 feet of Lot 11, Assessor’s Plat No. 12; plus Lots 1 through 13, High School Addition Subdivision; plus Blocks 1 through 42, Assessor’s Plat No. 20; plus Lots 17 through 24 and Lots 46 through 91, Hudson & Hannan Subdivision No. 2; plus Lots 20 through 23 and Lots 34 through 36, Lucking’s Subdivision; plus Lots 1 through 18, Royal Court Subdivision; plus Lots 1 through 15, Royal Court Extension Subdivision; plus Lots 1 and 2, Donnelley’s Subdivision; plus Lots 1 through 14, Hannan & Webber’s Sunset Park Subdivision; plus Lots 1 through 6, Connor’s Subdivision; plus Lots 7 through 18 and 30 of Assessor’s Plat No. 9; plus Lots 1 through 13 of Hamilton Court Subdivision; plus lots 635 through 671 of Fourth Avenue Subdivision No. 1; and the Allenhurst Avenue, California Avenue, Center Street, Eleven Mile Road, Fifth Street, Fourth Street, Kenilworth Avenue, Knowles Street, Lafayette Avenue, Lincoln Avenue, Main Street, Maryland Avenue, Pingree Boulevard, Rhode Island Avenue, Second Street, Seventh Street, Sherman Drive, Sixth Street, Third Street, Troy Street, University Avenue, Washington Avenue, West Street, Williams Street, Interstate Highway 696, Grand Trunk Western Rail Road, and adjacent alley rights-of-way as described above.
A. 
The City of Royal Oak Downtown Development Authority shall be under the supervision and control of a Board consisting of the City Manager and eight or 10 members as determined by the City Commission. Members shall be appointed by the City Manager, subject to approval by the City Commission. 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. Of members first appointed, one shall be appointed for one year, one for two years, one for three years and one for four years. A member shall hold office until the member's successor is appointed. Thereafter, a member shall serve for four years. An appointment to fill a vacancy shall be made by the City Manager subject to approval by the City Commission for the unexpired term. Members of the Board shall serve without compensation, but shall be reimbursed for actual or necessary expenses. The Chairman of the Board shall be elected by the Board.
[Amended 1-10-1994 by Ord. No. 93-18; 2-19-1996 by Ord. No. 96-2; 2-21-2005 by Ord. No. 2005-02]
B. 
Before assuming the duties of office, a member shall qualify by taking and subscribing to the constitutional oath of office.
C. 
The Board shall adopt rules governing its procedure and the holding of regular meetings, subject to the approval of the City Commission of the City of Royal Oak. Special meetings may be held when called in the manner provided in the rules of the Board and in accordance with applicable state law. Meetings of the Board shall be open to the public.
D. 
Pursuant to notice and an opportunity to be heard, a member of the Board may be removed for cause by the City Commission of the City of Royal Oak. Removal of a member is subject to review by the Circuit Court.
E. 
All expense items of the Authority shall be publicized monthly, and the financial records shall always be open to the public.
[Amended 2-4-2013 by Ord. No. 2013-04[1]]
The Downtown Development Authority may:
A. 
Prepare an analysis of economic changes taking place in the downtown district.
B. 
Study and analyze the impact of metropolitan growth upon the downtown district.
C. 
Plan and propose the construction, renovation, repair, remodeling, rehabilitation, restoration, preservation, or reconstruction of a public facility, an existing building, or a multiple-family dwelling unit which may be necessary or appropriate to the execution of a plan which, in the opinion of the board, assists in the economic growth of the downtown district.
D. 
Plan, propose, and implement an improvement to a public facility within the development area to comply with the barrier free design requirements of the state construction code promulgated under the Stille-DeRossett-Hale Single State Construction Code Act, 1972 PA 230, MCLA §§ 125.1501 to 125.1531.
E. 
Develop long-range plans, in cooperation with the City Commission and/or the Planning Commission, designed to halt the deterioration of property values in the downtown district and to promote the economic growth of the downtown district, and take such steps as may be necessary to persuade property owners to implement the plans to the fullest extent possible.
F. 
Implement any plan of development in the downtown district necessary to achieve the purposes of Act No. 197 of the Public Acts of Michigan of 1975 (MCLA § 125.1651 et seq., as amended) and this chapter, in accordance with the powers of the Authority as granted by the state act.
G. 
Make and enter into contracts necessary or incidental to the exercise of its powers and the performance of its duties.
H. 
Acquire by purchase or otherwise, on terms and conditions and in a manner the Authority considers proper, or own, convey, or otherwise dispose of, or lease as lessor or lessee, land and other property, real or personal, or rights or interests in property, which the Authority determines is reasonably necessary to achieve the purposes of Act No. 197, and to grant or acquire licenses, easements and options with respect to that property.
I. 
Improve land and construct, reconstruct, rehabilitate, restore and preserve, equip, improve, maintain, repair, and operate any building, including multiple-family dwellings, and any necessary or desirable appurtenances to that property, within the downtown district for the use, in whole or in part, of any public or private person or corporation, or a combination of them.
J. 
Fix, charge, and collect fees, rents, and charges for the use of any building or property under its control or any part thereof, or facility therein, and pledge the fees, rents, and charges for the payment of revenue bonds issued by the Authority.
K. 
Lease any building or property under its control, or any part of a building or property under its control.
L. 
Accept grants and donations of property, labor, or other things of value from a public or private source.
M. 
Acquire and construct public facilities.
N. 
Create, operate, and fund marketing initiatives that benefit only retail and general marketing of the downtown district.
O. 
Contract for broadband service and wireless technology service in the downtown district.
P. 
Operate and perform all duties and exercise all responsibilities described in this section in a qualified township, as defined in Act 197, if the qualified township has entered into an agreement with the City under Act 197.
Q. 
Create, operate, and fund a loan program to fund improvements for existing buildings located in the downtown district to make them marketable for sale or lease. The board may make loans with interest at a below-market rate, as determined by the Board.
R. 
Create, operate, and fund retail business incubators in the downtown district.
[1]
Editor's Note: This ordinance also repealed Ord. No. 2010-05, the 2010 amendment to the Downtown Development Authority Ordinance.
[Amended 1-10-1994 by Ord. No. 93-18]
A. 
The fiscal year of the Authority shall commence on the first day of July in each year.
B. 
The Board shall annually prepare a budget and shall submit it to the City Commission on or before the first day of May prior to the ensuing fiscal year.
C. 
The Authority shall submit financial reports to the City Commission on a quarterly basis. The Authority shall be audited annually by the same independent auditors auditing the City, and copies of the audit report shall be filed with the Commission.
A. 
The Authority is hereby authorized by the City to impose an ad valorem tax on all taxable property in the Downtown District for the purposes provided by Act 197. The tax shall not exceed two mills on the value of taxable property in the Downtown District as finally equalized.
B. 
In order to impose the tax, the Board shall include in its budget each year an estimate of the amount necessary to be raised from the Downtown Development tax. The amount of tax imposed shall not exceed the amount necessary as estimated in the budget and approved by the City Commission. The Board shall certify to the proper tax assessing official of the City the amount so determined in the same manner and at the same time as general City taxes are certified for collection.
C. 
The City shall collect the Downtown Development tax at the same time and in the same manner as other City taxes are collected. The tax shall be paid to the Treasurer of the Authority and credited to the general fund of the Authority for the purpose provided by Act 197. The City Commission may assess a reasonable pro rata share of the funds for the cost of handling and auditing the funds against the funds of the Authority, other than those committed, which cost shall be paid annually by the Board pursuant to an appropriate item in its budget.
The Authority shall be deemed an instrumentality of the City of Royal Oak.