[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.
AUTHORITY
ACT 197
BOARD or BOARD OF TRUSTEES
CHIEF EXECUTIVE OFFICER
CITY
COMMISSION or CITY COMMISSION
DOWNTOWN DEVELOPMENT TAX
DOWNTOWN DISTRICT
As used in this article, the following terms shall
have the meanings indicated:
The Royal Oak Downtown Development Authority created by this
article.
Act No. 197 of the Public Acts of Michigan of 1975 as now
in effect or hereafter amended.[1]
The Board of Trustees of the Authority, the governing body
of the Authority.
The City Manager of the City.
The City of Royal Oak, Michigan.
The City Commission of the City.
The tax authorized by this article pursuant to Act 197 to
be imposed by the Authority in the downtown area.
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.
