[Adopted 11-3-1980 by Ord. No. 80-7]
Editor's Note: Art. II, Barton/Lafayette Development Area, was renamed Downtown Development Area 8-15-2005 by Ord. No. 2005-09.
[Amended 2-14-1983 by Ord. No. 83-3; 5-2-1983 by Ord. No. 83-10; 3-12-1984 by Ord. No. 84-6; 8-14-1989 by Ord. No. 89-14; 11-19-1990 by Ord. No. 90-18; 12-5-1994 by Ord. No. 94-20; 9-9-2002 by Ord. No. 2002-02; 4-5-2004 by Ord. No. 2004-11]
The terms used in this article shall have the following meanings unless the context clearly requires otherwise:
- BASE YEAR ASSESSMENT ROLL
- The base year assessment roll prepared by the City Assessor in accordance with § 52-14 of this article.
- CAPTURED ASSESSED VALUE
- The amount in any one year by which the current assessed value as finally equalized of all taxable property in the Downtown Development Area exceeds the initial assessed values.
- DEVELOPMENT AREA
- The area legally described in Exhibit A and which is hereby made a part of this article.
- DEVELOPMENT FUND
- The Downtown Development Authority Development Fund established pursuant to § 52-16 of this article.
- DEVELOPMENT PLAN
- The Downtown Development and Tax Increment Financing Plan, consisting of the former Barton/Lafayette Tax Increment Financing and Development Plan dated September 1980, as modified by amendments dated February 1, 1983, April 20, 1983, February 15, 1984, June 7, 1989, and November 7, 1990; the former Woodward/I-696 Tax Increment Financing and Development Plan dated March 1989; and Downtown Development and Tax Increment Financing Plan Amendments dated October 19, 1994, September 18, 2002, and April 15, 2004; and transmitted to the City Commission by the Royal Oak Downtown Development Authority, copies of which are on file in the office of the City Clerk.
- DOWNTOWN DEVELOPMENT AUTHORITY (DDA)
- The City of Royal Oak Downtown Development Authority.
- INITIAL ASSESSED VALUE
- The most recently assessed value as finally equalized of all the taxable property within the boundaries of the Development Area at the time of adoption of this article.
- TAXING JURISDICTION
- Each unit of government levying an ad valorem property tax on property in the Development Area.
The Development Plan as submitted by the Downtown Development Authority is hereby approved and adopted by the City Commission. The duration of the plan shall be 30 years from the date of issuance of the last series of bonds issued pursuant to the Development Plan, except as it may be extended by subsequent amendment of the plan and this article. A copy of the plan and all amendments thereto shall be maintained on file in the City Clerk's office and cross-indexed to this article.
[Amended 3-9-1992 by Ord. No. 92-6; 12-5-1994 by Ord. No. 94-20; 9-9-2002 by Ord. No. 2002-02; 4-5-2004 by Ord. No. 2004-11; 8-15-2005 by Ord. No. 2005-09]
The boundaries of the Downtown Development Area as described in the Development Plan, and the attached Exhibit A, are hereby adopted and confirmed.
Within 60 days of the effective date of this article, the City Assessor shall prepare the initial base year assessment roll. The initial base year assessment roll shall list each taxing jurisdiction in which the Barton/Lafayette Development Area is located, the initial assessed value of the Barton/Lafayette Area on the effective date of this article and the amount of tax revenue derived by each taxing jurisdiction from ad valorem taxes on the property in the Development Area.
The Assessor shall transmit copies of the initial base year assessment roll to the City Treasurer, County Treasurer, Downtown Development Authority and each taxing jurisdiction, together with a notice that the assessment roll has been prepared in accordance with this article and the tax increment financing plan contained in the Development Plan approved by this article.
Each year within 15 days following the final equalization of property in the Barton/Lafayette Development Area, the Assessor shall prepare an updated base year assessment roll. The updated base year assessment roll shall show the information required in the initial base year assessment roll and, in addition, the captured assessed value for that year. Copies of the annual base year assessment roll shall be transmitted by the Assessor to the same persons as the initial base year assessment roll, together with a notice that it has been prepared in accordance with this article and the Development plan.
The Treasurer of the Downtown Development Authority shall establish a separate fund which shall be kept in a depository bank account or accounts in a bank or banks approved by the City Treasurer of the City of Royal Oak to be designated Downtown Development Authority Barton/Lafayette Development Fund. All moneys received by the Downtown Development Authority pursuant to the Development Plan shall be deposited in the Development Fund. All moneys in that fund and earnings thereon shall be used only in accordance with the Development Plan and this article.
The City and County Treasurers shall, as ad valorem taxes are collected on the property in the Development Area, pay that proportion of the taxes, except for penalties and collection fees, that the captured assessed value bears to the initial assessed value to the Treasurer of the Downtown Development Authority for deposit in the Development Fund. The payments shall be made on the date or dates on which the City and County Treasurers are required to remit taxes to each of the taxing jurisdictions.
The money credited to the Development Fund and on hand therein from time to time shall annually be used in the following manner and following order of priority:
To pay into the debt retirement fund, or funds, for all outstanding series of bonds issued pursuant to this plan an amount equal to the interest and principal coming due (in the case of principal whether by maturity or mandatory redemption) prior to the next collection of taxes, less any credit for sums on hand in the debt retirement fund.
To establish a reserve account for payment of principal and interest on bonds issued pursuant to this plan, an amount equal to one-fifth of the largest combined annual principal and interest payments due on bonds issued pursuant to this plan until the amount to the credit of the reserve account is equal to the largest combined annual principal and interest requirements on bonds issued pursuant to this plan. Any amounts to the credit of the reserve account at the beginning of a fiscal year in excess of the requirement of the preceding sentence shall be considered tax increment revenue for that year.
To pay, to the extent determined desirable by the City Commission based upon the recommendation of the DDA, the cost of the initial stage and second stage public improvements as set forth in the Development Plan to the extent those costs are not financed from the proceeds of bonds.
To pay administrative and operating costs of the DDA to the extent provided in the annual budget of the DDA.
To reimburse the City for funds advanced to acquire property, clear land, make preliminary plans, and improvements necessary for the development of the Development Area in accordance with this plan.
Any tax increment receipts in excess of those needed under the preceding paragraphs shall revert proportionately to the taxing jurisdictions.
Within 90 days after the end of each fiscal year, the Downtown Development Authority shall submit to the City Commission, with copies to each taxing jurisdiction, a report on the status of the Development Fund. The report shall include the amount and source of revenue in the account, the amount and purpose of expenditures from the account, the initial assessed value of the Barton/Lafayette Development Area, the captured assessed value of the Barton/Lafayette Development Area, the tax increments received and the amount of any surplus from the prior year, and any additional information requested by the City Commission or deemed appropriate by the Downtown Development Authority. The Secretary of the Downtown Development Authority shall cause a copy of the report to be published once in full in a newspaper of general circulation in the City.