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Sec. 28-31.
Established.
In recognition of the fact that it is
in the best interests of the public to halt property value
deterioration and increase property tax valuation where possible
in its business district to eliminate the causes of that
deterioration and to encourage historic preservation and promote
economic growth, a downtown development authority is hereby
established pursuant to Act No. 197 of the Public Acts of 1975 as
amended to be known as the Wyandotte Downtown Development
Authority within the City of Wyandotte.
(Ord. No 818, §1, 6-15-87)
Sec.
28-32.
Organization.
(a) Formation.
The authority shall be under the
supervision and control of a board consisting of the Mayor of the
City of Wyandotte and the number of members required by this
Ordinance, who shall be appointed by the Mayor, subject to
approval by the city council. Upon the expiration of the terms of
three (3) of the current members in June, 2005, the current
membership of ten (10) members shall be reduced to eight (8). At
least five (5) of the members shall be persons having an interest
in property located in the downtown district. At least one (1) of
the members shall be a resident of the downtown district (who
shall not have an interest in nonresidential property in the
district or in a business located in the district) if the downtown
district has one hundred (100) or more persons residing within
it. All of the members must either reside in the downtown
district have an interest in property located in the downtown
district or have an interest in a business located in the downtown
district. Any member who sells, conveys or removes their interest
in property or a business or residency in the downtown district
shall become ineligible to continue on the board thereby creating
a vacancy. A member shall hold office until the member's
successor is appointed. Each member shall serve for a term of
four (4) years. An appointment to fill a vacancy shall be made by
the mayor 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.
Before assuming the duties of office,
a member shall qualify by taking and subscribing to the
constitutional oath of office.
(b) Open Meetings Act Compliance
The business which the
board may perform shall be conducted at a public meeting of the
board held in compliance with the Open Meeting Act, Act No. 267 of
the Public Acts of 1976, being sections 15.261 to 15.275 of the
Michigan Compiled Laws ("OMA"). The OMA shall apply to all
meetings at which a quorum of members of the board are in
attendance and to any committee which has been given decision
making authority by the board. Public notice of time, date and
place of the meeting shall be given in the manner required by Act
No. 267 of the Public Acts of 1976. With the exception of
meetings held under MCLA 15.268(a) at the request of the employee,
any public meeting may be closed to the public after a roll call
vote of two thirds majority of the board members. Minutes of all
closed sessions shall be kept pursuant to the requirements of the
OMA. Minutes of all public meetings of the board shall be filed
with the city clerk within eight (8) days of the public meeting.
The board shall adopt rules consistent with Act No. 267 of the
Public Acts of 1976 governing its procedure and the holding of
regular meetings, subject to the approval of the city council.
Special meetings may be held if called in the manner provided in
the rules of the board.
(c) Removal of Members
Pursuant to notice and after having
been given an opportunity to be heard, a member of the board may
be removed for cause by the city council. Removal of a member is
subject to review by the circuit court.
Sec.
28-33.
Powers of the board.
(a) Power
The board of the downtown development
authority as herein created shall have the following powers and
may:
(1) Prepare an analysis of economic
changes taking place in the downtown district.
(2) Study and analyze the impact of
metropolitan growth upon the downtown district.
(3) 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, aids in the economic
growth of the downtown district.
(4) 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 state construction code
act of 1972, Act No. 230 of the Public Acts of 1972, being
sections 125.1501 to 125.1531 of the Michigan Compiled Laws.
(5) Develop long-range plans, in
cooperation with the city planning and rehabilitation
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.
(6) Implement any plan of
development in the downtown district necessary to achieve the
purposes of this act, in accordance with the powers of the
authority as granted by this act.
(7) Make and enter into contracts
necessary or incidental to the exercise of its powers and the
performance of its duties.
(8) Acquire by purchase or
otherwise, on terms and conditions and in a manner the authority
deems 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 therein, which the authority determines is
reasonably necessary to achieve the purposes of this act, and to
grant or acquire licenses, easements and options with respect
thereto.
(9) 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 thereto, within the downtown district for the use,
in whole or in part, of any public or private person or
corporation, or a combination thereof.
(10) 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.
(11) Lease any building or property
under its control, or any part thereof.
(12) Accept grants and donations of
property, labor or other things of value from a public or
private source.
(13) Acquire and construct public
facilities.
(Ord. No. 818 §3,
6-15-87)
Sec.
28-34.
Financing
(b) Financing
The activities of the authority shall
be financed from one or more of the following sources:
(1) Donations to the authority for
the performance of its functions.
(2) Proceeds of a tax imposed
pursuant to section 12 of Act No 197 of the Public Acts of 1975,
as amended.
(3) monies borrowed and to be repaid
as authorized by section 13 of Act No. 197 of the Public Acts of
1975, as amended.
(4) Revenues from any property,
building or facility owned, leased, licensed or operated by the
authority or under its control, subject to the limitations
imposed upon the authority by trusts or other agreements.
(5) Proceeds of a tax increment
financing plan established under sections 14 to 16 of Act No.
197 of the Public Acts of 1975, as amended.
(6) Proceeds from a special
assessment district created as provided by law.
(7) Money obtained from other
sources approved by the city council of the City of Wyandotte.
Money received by the authority and
not covered under the above provisions shall immediately be
deposited to the credit of the authority, subject to disbursement
pursuant to Act No. 197 of the Public Acts of 1975 as amended.
Except as provided in Act. 197 of the Public Acts of 1975, as
amended, the city shall not obligate itself nor shall it ever be
obligated to pay any sums from public funds, other than money
received by the city pursuant to this section, for or on account
of the activities of the authority. (Ord. No. 818 §4, 6-15-87)
Section
28-34
Limitations on Power and Authority of Board
(a) Any contract necessary or
incidental to the exercise of its powers set forth in Section
28-33 (a) (7) of this Ordinance shall require the approval of
the city council.
(b) Any expenditure of tax increment
funds on a contract for the purchase, lease, construction,
renovation, repair, remodeling, rehabilitation, restoration,
preservation, or reconstruction of a public facility, existing
or new building, or a multiple family dwelling unit or for
professional consultation or services which in total is for an
amount in excess of One Hundred Thousand Dollars ($100,000.00)
shall require a public hearing to be held before city council
and the approval of the city council prior to the expenditure of
any TIF dollars.
(c) All expenditures of the
Authority must authorized by the budget. Before the budget of
the authority may be adopted by the board, it shall be approved
by city council.
(d) Any and all plans for
development in the downtown development authority district
necessary to achieve the purpose of this Act shall be compatible
with the Master Plan of the city, the Master Plan for Central
Business District and any other City Planning document adopted
by the city council applicable to the downtown development
authority district.
(e) All proposals to purchase or
lease property shall be presented to the board and city council
with the complete information required by the Master Plan for
Strategic Property Purchases.
(f) Failure to adhere to the
limitations set forth in this section shall be considered
misconduct or malfeasance of office and be sufficient cause to
remove a board member under Section 4(4) of the Act.
Sec.
28-34-J
Development and tax increment financing plan.
(a) Adoption:
A Development and Tax Increment Financing Plan, approved by
the authority pursuant to the procedures set forth in the act, an
any amendments thereto, shall be submitted in ordinance form to
city council for their approval after proper notice and public
hearing.
(b) Reaffirmation:
The Development and Tax Increment Financing Plan of the Downtown
Development Authority for the City of Wyandotte adopted on March
22, 1988 pursuant to Michigan Compiled Laws Section 125.1669, et
seq, as amended, and as amended on July 31, 2003, is hereby
reaffirmed and continues to constitute a public purpose, based on
all of the considerations set forth Michigan Compiled Laws Section
125.1669, et seq.
Sect.
28-35. Development plans.
When the board decides to finance a
project in the downtown district by the use of revenue bonds as
authorized in section 13 or tax increment financing as authorized
in sections 14, 15 and 16 of Act No. 197 of the Public Acts of
1975, as amended, it shall prepare a development plan.
(a) The development plan shall
contain:
(1) The designation of boundaries of
the development area in relations to highways, streets,
streams or otherwise.
(2) The location and extent of
existing streets and other public facilities within the
development area and shall designate the location, character and
extent of the categories of public and private land uses then
existing and proposed for the development area, including
residential, recreational, commercial, industrial, educational
and other uses, and shall include a legal description of the
development area.
(3) A description of existing
improvements in the development area to be demolished, repaired
or altered, a description of any repairs and alterations and an
estimate of the time required for completion.
(4) The location, extent, character
and estimated cost of the improvements including rehabilitation
contemplated for the development area and an estimate of the
time required for completion.
(5) A statement of the construction
or stages of construction planned and the estimated time of
completion of each stage.
(6) A description of any parts of
the development area to be left as open space and the use
contemplated for the space.
(7) A description of any portions of
the development area which the authority desires to sell,
donate, exchange or lease to or from the municipality and the
proposed terms.
(8) A description of desired zoning
changes and changes in streets, street levels, intersections and
utilities.
(9) An estimate of the cost of the
development, a statement of the proposed method of financing the
development and the ability of the authority to arrange the
financing.
(10) Designation of the person or
persons, natural or corporate, to whom all or a portion of the
development is to be leased, sold or conveyed in any manner and
for whose benefit the project is being undertaken if that
information is available to the authority.
(11) The procedures for bidding for
the leasing, purchasing or conveying in any manner of all
or a portion of the development upon its completion, if there is
no express or implied agreement between the authority and
persons, natural or corporate, that all or a portion of
the development will be leased, sold or conveyed in any
manner to those persons.
(12) Estimates of the number of
persons residing in the development area and the number of
families and individuals to be displaced. If occupied
residences are designated for acquisition and clearance by the
authority, a development plan shall include a survey of the
families and individuals to be displaced, including their income
and racial composition, a statistical description of the housing
supply in the community, including the number of private and
public units in existence or under construction, the condition
of those in existence, the number of owner-occupied and
renter-occupied units, the annual rate of turnover of the
various types of housing and the range of rents and sale prices,
an estimate of the total demand for housing in the
community and the estimated capacity of private and public
housing available to displace families and individuals.
(13) A plan for establishing
priority for the relocation of persons displaced by the
development in any new housing in the development area.
(14) Provision for the costs of
relocating persons displaced by the development and
financial assistance and reimbursement of expenses, including
litigation expenses and expenses incident to the transfer
of title, in accordance with the standards and provisions
of the Federal Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, being Public Law 91-646, 42
USC Section 46001, et seq.
(15) A plan for compliance with Act
No. 227 of the Public Acts of 1972, being sections 213.321
to 213.332 of the Michigan Compiled Laws.
(16) Other material which the
authority, local public agency or city council deems pertinent.
(Ord. No. 818, §5, 6-15-87)
Sec.
28-36.
Development area citizen's council.
If a proposed development area has
residing within it one hundred (100) or more residents, a
development area citizens' council shall be established at least
ninety (90) days before the public hearing on the development or
tax increment financing plan. The development area citizens'
council shall be established by the city council and shall consist
of not less than nine (9) members. The members of the development
area citizens' council shall be residents of the development area
and shall be appointed by the city council. A member of a
development area citizens' council shall be at least eighteen (18)
years of age. The development area citizens' council shall be
representative of the development area.
The development area citizens' council
shall act as an advisory body to the authority and the city
council in the adoption of the development or tax increment
financing plans. (Ord. No. 818, §6, 6-15-87)
Sec.
28-37
Governing procedures.
The downtown development authority
shall have all the powers and duties prescribed by Act No. 197 of
the Public Acts of 1975, as amended, which shall become
incorporated herein as the amendments become effective by this
reference. Any questions of interpretation of the powers and
duties and responsibilities of the authority shall be resolved by
reference to Act No. 197 of the Public Acts of 1975 as amended. (Ord.
No. 818, §7, 6-15-87)
Sec.
28-38.
Boundaries.
The authority shall exercise its
powers within the downtown district described in an attached
hereto as "Addendum A"
and incorporated herein by this reference. The city council may
alter or amend the boundaries of the downtown district to include
or exclude lands from the downtown district pursuant to the same
requirements for adopting the ordinance creating the authority. (Ord.
No 818, §8, 6-15-87; Ord. No. 825, §2, 8-31-87)
Section
28-39.
Financial Reports.
All expense items of the authority
shall be publicized monthly with copies being provided to the city
clerk and the financial records shall always be open to the
public. (Ord. No. 825, §1, 8-31-87; Ord. No. 818, §2, 6-15-87)
ADDENDUM “A”
(Boundaries)
Beginning at a point where the centerline of Biddle Avenue and
the extended centerline of 4th Street intersects.
Thence northerly along the centerline of 4th Street to
the centerline of Orchard Street. Thence easterly along said
centerline to the extended centerline of the alley east of 4th
Street. Thence northerly along said centerline to the centerline
of the alley south of Plum Street. Thence easterly along said
centerline to the centerline of the alley west of both 3rd
Street and Biddle Avenue. Thence northerly along said centerline
to the centerline of Plum Street. Thence easterly along said
centerline to the west property line of 3rd Street.
Thence northerly along said property line to the centerline of the
alley south of Eureka Avenue. Thence westerly along said
centerline to the centerline of 7th Street. Thence
northerly along said centerline to the extended centerline of the
alley south of Eureka Avenue and west of 7th Street.
Thence westerly along said centerline to the centerline of 8th
Street. Thence southerly along said centerline to the extended
centerline of the alley south of Eureka Avenue and west of 8th
Street. Thence westerly along said centerline to a point where
said centerline intersects the east right-of-way line of the
easternmost Grand Trunk Western Railroad Co. property. Thence
westerly along a line from said point to a point where the
extended centerline of the alley south Eureka Avenue and east of
11th Street intersects the west property line of Lot 1
Eureka Iron and Steel Works Sub., part of Sec. 32, Liber 10 of
Plats, Page 88, Wayne County Records. Thence westerly from said
point along the centerline of the alley south of Eureka Avenue to
the centerline of 11th Street. Thence northerly along
said centerline to the extended centerline of the alley south of
Eureka Avenue and west of 11th Street. Thence westerly
along said centerline to the centerline of 18th
Street. Thence northerly along said centerline to the extended
centerline of the alley south of Eureka Avenue and west of 18th
Street. Thence westerly along said centerline to the extended
centerline of the alley east of and parallel to 22nd
Street. Thence northerly along said centerline to the centerline
of the alley south of Eureka Avenue and east of 22nd
Street. Thence westerly along said centerline to the east
property line of Fort Street. Thence northerly along said
property line to a point 5 feet north of the south property line
of Lot 1508 Old Homestead Sub. No. 2, Liber 49 of Plats, Page 55,
Wayne County Records. Thence easterly from said point along a
line 5 feet north of and parallel to the south property line of
Lot 1508 to the west property line of Lot 12 Assessor’s Eureka
Road Subdivision No. 2, Liber 65 of Plats, Page 26, Wayne County
Records. Thence northerly along said property line to the
centerline of the vacated alley north of and parallel to Eureka
Avenue. Thence easterly along said centerline to the centerline
of 23rd Street. Thence southerly along said centerline
to the extended centerline of the alley north of Eureka Avenue and
east of 23rd Street. Thence easterly along said
centerline to the east property line of 22nd Street.
Thence northerly along said property line to the north property
line of lot 365 Assessor’s Wyandotte Plat No. 12, Liber 69 of
Plats, Page 65, Wayne County Records. Thence easterly along said
property line to the southwest corner of Lot 360 Assessor’s
Wyandotte Plat No. 12, Liber 69 of Plats, Page 65, Wayne County
Records. Thence easterly 32.2 feet along the south property line
of lot 360 to a point. Thence southerly along a line 32.2 feet
east of the west property line of Lot 8 Abbott & Beymers Wyandotte
Subdivision, Liber 28 of Plats, Page 16, Wayne County Records to
the centerline of the alley north of Eureka Avenue and west of 21st
Street. Thence easterly along said centerline to the centerline
of 20th Street. Thence northerly along said centerline
to the extended centerline of the alley north of Eureka Avenue and
east of 20th Street. Thence easterly along said
centerline to the centerline of 14th Street. Thence
northerly along said centerline to the extended centerline of the
alley north of Eureka Avenue and east of 14th Street.
Thence easterly along said centerline to a point where said
centerline extended intersects the west property line of Lot 42
Assessor’s Wyandotte Plat No. 3, Liber 65 of Plats, Page 29, Wayne
County Records. Thence southerly along said property line to a
point 50 feet north of the south property line of Lot 42. Thence
easterly along a line 50 feet north of and parallel to the south
property line of Lot 42 extended to the centerline of 9th
Street. Thence northeasterly along said centerline to a point
where a line 150 feet north of and parallel to the north property
line of Eureka Avenue intersects said centerline. Thence easterly
along a line from said point to a point where the east property
line of 5th Street intersects the centerline of the
alley north of Eureka Avenue. Thence easterly along said
centerline to the west property line of 3rd Street.
Thence northerly along said property line to the extended
centerline of the alley north of Oak Street. Thence easterly
along said centerline to the centerline of 2nd Street.
Thence northerly along said centerline to the centerline of
Superior Boulevard. Thence easterly along said centerline to the
centerline of 1st Street. Thence northerly along said
centerline to the centerline of Walnut Street. Thence easterly
along said centerline to the east property line of Biddle Avenue.
Thence southerly along said property line to the north property
line of Superior Boulevard. Thence easterly along said property
line to the east property line of Van Alstyne Boulevard. Thence
southerly along said property line to the south property line of
Elm Street. Thence easterly along said property line to the
harbor line of the Detroit River. Thence southerly along said
harbor line to the north property line of Pine Street. Thence
westerly long said property line to a point where said property
line extended intersects the centerline of Biddle Avenue. Thence
southerly along said centerline to the point of beginning.
CDD - Rev.
8/18/1987 |
