COMMUNITY DEVELOPMENT*
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*Cross reference(s)‑‑Administration, ch. 2; buildings and building regulations, ch. 10; parks and recreation, ch. 58; planning, ch. 62; streets, sidewalks and other public places, ch. 74.
State law reference(s)‑‑Housing and slum clearance projects, MCL 125.651 et seq., MSA 5.3011 et seq.; housing corporation law, MCL 125.601 et seq., MSA 5.3057(1) et seq.; urban redevelopment corporations, MCL 125.901 et seq., MSA 5.3058(1) et seq.; rehabilitation of blighted areas, MCL 125.71 et seq., MSA 5.3501 et seq.
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Secs. 22-1‑‑22-25. Reserved.
Division 1. Generally
Sec. 22-26. Articles of incorporation.
Secs. 22-27‑‑22-35. Reserved.
Division 2. Regulations
Sec. 22-36. Use of bicycles, skateboards, in-line skates and similar devices.
Sec. 22-37. Penalty for violation of division.
Secs. 22-38‑‑22-61. Reserved.
Sec. 22-62. Definitions.
Sec. 22-63. Public purpose.
Sec. 22-64. Riverfront development plan and tax increment financing plan district.
Sec. 22-65. Determinations in accordance with Act 197.
Sec. 22-66. Opportunity of representatives from development area to present opinions regarding plan.
Sec. 22-67. Public hearing on plan; notice to interested parties.
Sec. 22-68. Approval of plan.
Sec. 22-69. Voted millage not captured as tax increment revenue.
Sec. 22-70. Approval and confirmation of development area.
Sec. 22-71. Transmittal of revenues to authority.
Secs. 22-72‑‑22-90. Reserved.
Sec. 22-91. Declaration of public policy.
Sec. 22-92. Creation and terms of appointment.
Sec. 22-93. Duties and functions.
Sec. 22-94. City manager to provide meeting place and secretarial services.
Sec. 22-95. Rules of organization and procedure.
Sec. 22-96. Annual status reports.
Sec. 22-97. Budget.
Secs. 22-98‑‑22-120. Reserved.
Sec. 22-121. Purpose, creation and powers.
Sec. 22-122. Membership; terms; compensation; removal; vacancy.
Sec. 22-123. Meetings; rules of procedure; quorum; officers and employees; funding.
Sec. 22-124. Powers and duties.
Sec. 22-125. Conflicts of interest.
Sec. 22-126. Recommendations.
Sec. 22-127. Transactions.
Sec. 22-128. Liability for acts.
Sec. 22-129. Finances.
Sec. 22-130. Issuance of bonds.
ARTICLE I. IN GENERAL
Secs. 22-1‑‑22-25. Reserved.
DIVISION 1. GENERALLY
Sec. 22-26. Articles of incorporation.
These Articles of Incorporation are signed and acknowledged by the City of South Haven for the purpose of forming a corporation for the purposes of operating a downtown development authority for the City of South Haven pursuant to the provisions of Act No. 197 of the Public Acts of Michigan of 1975, as amended.
Article I
Name. The name of the corporation is the Downtown Development Authority of the City of South Haven.
Purpose. The corporation is organized with reference to Act No. 197 of the Public Acts of Michigan of 1975, as amended. Its purposes will be to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; and to authorize the use of tax increment financing and to accomplish the foregoing by the following means:
(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, the 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) Develop long range plans, in cooperation with the agency which is chiefly responsible for planning in the municipality, 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.
(5) Implement any plan of development in the downtown district necessary to achieve the purposes of this article, in accordance with the powers of the authority as granted by this article.
(6) Make and enter into contracts necessary or incidental to the exercise of its powers and the performance of its duties.
(7) 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.
(8) 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.
(9) Fix, charge, and collect fees, rents, and charges for the use of any building or property under its control of any part thereof, or facility therein, and pledge the fees, rents, and charges for the payment of revenue bonds issued by the authority.
(10) Lease any building or property under its control, or any part thereof.
(11) Accept grants and donations of property, labor, or other things of value from a public or private source.
(12) Acquire and construct public facilities.
(13) Provide financial assistance, advisory services and reimbursement of certain expenses to persons displaced from real property or deprived of certain rights in real property pursuant to Act No. 227 of the Public Acts of Michigan of 1972, as amended.
(14) To receive property taken by the City of South Haven under its power of eminent domain for use in an approved development on terms and conditions that it deems appropriate and as necessary for public purposes and for the benefit of the public.
(15) The activities of the authority shall be financed from one or more of the following sources:
(a) Donations to the authority for the performance of its functions.
(b) Proceeds of a tax imposed and funds received from tax anticipation notes.
(c) Moneys borrowed and to be repaid as authorized.
(d) 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.
(e) Proceeds of a tax increment financing plan, established pursuant to Act No. 197 of the Public Acts of Michigan of 1975, as amended.
(16) The authority with the approval of the municipal governing body may levy an ad valorem tax on the real and tangible personal property not exempt by law and as finally equalized in the downtown district. The tax shall not be more than two mills. The tax shall be collected by the municipality creating the authority levying the tax. The municipality shall collect the tax at the same time and in the same manner as it collects its other ad valorem taxes. The tax shall be paid to the treasurer of the authority and credited to the general fund of the authority for purposes of financing only the operations of the authority. The municipality may at the request of the authority, borrow money and issue its notes therefore pursuant to Act No. 202 of the Public Acts of Michigan of 1943, as amended, in anticipation of collection of the ad valorem tax authorized in this section.
(17) The authority may borrow money and issue its negotiable revenue bonds therefore pursuant to Act No. 94 of the Public Acts of Michigan of 1933, as amended. Revenue bonds issued by the authority shall not, except as hereinafter provided, be deemed a debt of the municipality or the state. The municipality by majority vote of the members of its governing body may pledge its full faith and credit to support the authority’s revenue bonds.
(18) When the authority determines that it is necessary for the achievement of its purposes, the authority shall prepare and submit a tax increment financing plan to the governing body of the municipality. The plan shall be pursuant to Act No. 197 of the Public Acts of Michigan of 1975, as amended.
(19) The municipality may by resolution of its governing body authorize, issue, and sell general obligation bonds subject to the limitations herein set forth to finance the development program of the tax increment financing plan and shall pledge its full faith and credit for the repayment of the bonds. The bonds shall mature in not more than 30 years and shall be subject to Act No. 202 of the Public Acts of Michigan of 1943, as amended, and Act No. 197 of the Public Acts of Michigan of 1975, as amended.
(20) Carry on any activity for the purpose above stated, either directly or as agent for or with public authorities, or in whole or in part through or by means of public authorities, individuals, corporations or other organizations.
(21) In general, and subject to such limitations and conditions as are or may be prescribed by law, to exercise such other powers which now are or hereafter may be conferred by law upon a corporation organized pursuant to Act No. 197 of the Public Acts of Michigan of 1975, as amended.
Section 1. Directors and management. The business and affairs of the corporation shall be under the supervision and control of a board of directors except as otherwise provided by statute, by the articles of incorporation or by the by-laws.
Section 2. Board of directors.
(a) The board of directors of the corporation shall consist of the chief executive officer of the municipality and eight members appointed by the chief executive officer of the municipality, subject to approval by the governing body of the municipality. At least five of the members shall be persons having an interest in property located in the downtown district. At least 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 the members first appointed, two shall be appointed for one year, two for two years, two for three years, and two for four years. A member shall hold office until the member’s successor is appointed. Thereafter, a member shall serve for a term of four years. An appointment to fill a vacancy shall be made by the chief executive officer of the municipality for the unexpired term only. Members of the board shall serve without compensation, but shall be reimbursed for actual and necessary expenses. The chairman of the board shall be elected by the board.
(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 governing body. Special meetings may be held when called in the manner provided in the rules of the board. 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 governing body. 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.
(f) A member of a downtown development authority board may not simultaneously serve as a member of the county board of commissioners of the county wherein the district is located, a member of the governing body of the municipality wherein the district is located, or a member of a school board of a school district which extends into the development area.
Section 3. Conflict of interest. A director who has a direct interest in any manner before the corporation shall disclose his interest prior to the corporation taking any action with respect to the matter, which disclosure shall become a part of the record of the corporations official proceedings, and the interested director shall further refrain from participation in the corporation’s proceedings relating to the matter.
Section 1. Officers. The officers of the corporation shall consist of a director, secretary and treasurer.
Section 2. Compensation; duties.
(a) The board may employ and fix the compensation of a director, subject to approval of the governing body of the municipality. The director shall serve at the pleasure of the board. A member of the board is not eligible to hold the position of director. Before entering upon the duties of his office, the director shall take and subscribe to the constitutional oath, and furnish bond, by posting a bond in the penal sum determined in the ordinance establishing the authority payable to the authority for use and benefit of the authority, approved by the board, and filed with the municipal clerk. The premium on the bond shall be deemed an operating expense of the authority, payable from funds available to the authority for expenses of operation. The director shall be the chief executive officer of the authority. Subject to the approval of the board, the director shall supervise, and be responsible for the preparation of plans and the performance of the functions of the authority in the manner authorized by this chapter. The director shall attend the meetings of the board, and shall render to the board and to the governing body of the municipality a regular report covering the activities and financial condition of the authority. If the director is absent or disabled, the board may designate a qualified person as acting director to perform the duties of the office. Before entering upon the duties of his office, the acting director shall take and subscribe to the oath, and furnish bond, as required of the director. The director shall furnish the board with information or reports governing the operation of the authority as the board requires.
(b) The board may employ and fix the compensation of a treasurer, who shall keep the financial records of the authority and who, together with the director, shall approve all vouchers for the expenditure of funds of the authority. The treasurer shall perform such other duties as may be delegated to him by the board and shall furnish bond in an amount as prescribed by the board.
(c) The board may employ and fix the compensation of a secretary, who shall maintain custody of the official seal and of records, books, documents, or other papers not required to be maintained by the treasurer. The secretary shall attend meetings of the board and keep a record of its proceedings, and shall perform such other duties delegated by the board.
(d) The board may retain legal counsel to advise the board in the proper performance of its duties. The legal counsel shall represent the authority in actions brought by or against the authority.
(e) The board may employ other personnel deemed necessary by the board.
Location of the first registered office is:
City Hall
539 Phoenix Street
South Haven, Michigan 49090
The name of the first resident agent is: the City Manager who is employed by the City of South Haven.
The amount of assets which said corporation possesses is:
(1) Real property (none)
(2) Personal property (none)
The corporation will be financed from donations, gifts, grants and devises, either solicited or unsolicited, obtained from public authorities, individuals, corporations and other organizations, by earnings from its activities, borrowings and issuance of its bonds.
The corporation shall become effective 30 days after adoption of an ordinance by the South Haven City Council authorizing this incorporation, its publication and its final approval as provided by law. The term of the corporation’s existence is perpetual.
No part of the net earnings of the corporation shall inure to the benefit of any member, trustee, officer or director of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation affecting one or more of its purposes) and no member, trustee, officer or director of the corporation or any private individual shall be entitled to share in the distribution of any of the corporate assets or dissolution of the corporation. No part of the earnings shall be used for, nor shall the corporation engage in the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in or intervene in (including the publication or distribution of statements) any political campaign on behalf of any candidate for public office.
Upon dissolution of the corporation or the winding up of its affairs, all property and assets of the corporation shall be distributed exclusively to the City of South Haven, Michigan, or its successor.
These articles of incorporation shall be published in the Saint Joseph Herald Palladium in accordance with the provisions of Act No. 197 of the Public Acts of Michigan of 1975, as amended.
By-laws of the corporation currently in effect, if any, are approved and continued. The board may repeal by-laws or adopt new by-laws, subject to the approval of the South Haven City Council by ordinance. The by-laws may contain any provision for the regulation and management of the affairs of the corporation not inconsistent with law of these Articles of Incorporation.
Article XII
The boundaries of the downtown district within which the authority shall exercise its powers are described as follows:
Beginning at the Northwest corner of Lot 1, Block 20, Original Village (now City) of South Haven, according to the recorded plat thereof; thence South 132 feet to the North line of Eagle Street; thence West on said line 50 feet to the Southwest corner of Lot 2, Block 20 of said plat; thence South 332 feet to the South line of Huron Street and Northwest Corner of Lot 2 Block 18 of said plat; thence East on said line 566 feet to the Northeast corner of Block 3 or said plat and the West line of Center Street; thence South on said West line 266 feet to the South line of Michigan Avenue; thence East along the South line of Michigan Avenue and extension thereof, 896 feet more or less on the South line of Michigan Avenue to the East line of Broadway and the West line of Block 8, Dyckman, Hale & Company’s Addition to the Village (now City) of South Haven; thence North along the West line of Broadway 136 feet to the South line of Lot 3, Block 8, in said plat; thence East on said lot line 132 feet; thence North 132 feet to the South line of Huron Street; thence East on said South line 198 feet to the east line of Pearl Street; thence North along the East line of Pearl Street, 132 feet; thence West 198 feet to the Northeast corner of Lot 10, Block 2, Dyckman, Hale & Company’s Addition; thence North along the centerline of Block 2, a distance of 222 feet; thence East 15 feet; thence North 108 feet to the South line of Phoenix Street; thence East on said South line 183 feet to the Northwest corner of lot 1, Block 1, Dyckman, Hale & Company’s Addition; thence North on the East line of Pearl Street 379.5 feet; thence West 198 feet to the West line of Lot 2, Block 8, Hale, Conger & Company’s Addition to the Village (now City) of South Haven; thence North 297 feet to the Northwest corner of Lot 12, Block 7, said plat; thence East 239 feet to the Southwest corner of Lot 7 of said Block; thence North 349.5 feet to the Southwest corner of Highview Condominiums; thence East 212.52 feet to the East line of Prospect Street; thence North along said East line 86 feet to the South line of Conger Street; thence East on said South line 1254 feet to the East line of Bailey Avenue; thence North on said line 1578 feet to the South line of East Wells Street; thence East along the South line Wells Street to the North and South Eighth line in the Fractional Quarter of Section 2, Town 1 South, Range 17 West and the East City Limits of the City of South Haven; thence Northerly on the North and South Eighth line in the Southwest Quarter and Northwest Fractional Quarter of Section 2, Town 1 South, Range 17 West, 1259 feet; thence West 20 feet; thence North parallel with said Eighth line, 243.35 feet; thence South 76° 55’ West, 185.47 feet; Thence South 03° 55’ West, 146 feet; thence North 88° 05’ West to the Black River; thence Northeasterly along said River to the North and South Eighth line in the Northwest Fractional Quarter; thence North to the North line of Section 2, also being the North City Limits; thence Westerly along the North Section Line to a point 145.53 feet East of the East line of Van Buren Heights Association Grounds; thence South 299.32 feet; thence West 145.53 feet to a point on the East line of Lot 1, Van Buren Heights Association Grounds; thence South on said line, 85.68 feet; thence West along the South line of Lots 1,2 & 3 of said Plat 247.60 feet; thence South 117.20 feet; thence West 123.80 feet to the East line of Kentucky Avenue; thence North on same, 502.20 feet to the North line of Section 2; thence Westerly along the North line of Sections 2 and 3, to a point 1011.78 feet West of the Northeast corner of Section 3, Town 1 South, Range 17 West; thence South 665.20 feet; thence west 285.75 feet to the Northeast corner of Lot 14, Fern Valley Addition to the City of South Haven; thence South, along the East line of said plat, 323.00 feet; thence East 33 feet; thence South 43.56 feet to the Northwest corner of Northside Estates Condominiums; thence East along the North line of said condominium, 708.66 feet; thence South along the East line of said Condominium, 858.60 feet to the North line of Brockway Avenue; thence East on said North line, 50 feet; thence South to the Black River; thence Southerly along the Black River to the South line of Assessor’s Plat of Terrace Park; Thence Westerly along said South line to the Southwest corner of said plat and the South line of Oak Street; thence Westerly along the South line of Oak Street to a point that is 698.20 feet East of the Northeast corner of Block 3, Napier’s Amended Addition to the City of South Haven; thence South 150 feet; thence West 56 feet; thence South to the North line of the Black River; thence Westerly along said line to the East line of the Landings Marina Condominiums; thence North 24° 25’ West to the Northeast corner of said Condominiums; thence South 70° 48’ 40” West 149.72 feet; thence South 50° 00’ West 237.63 feet; thence South 20° 00’ West to the North line of Wells Street; thence West on said North line to the West line of Lot 25 in Block 5, Dyckman & Woodman’s Addition Extended Northeasterly; thence Southwesterly along said line to the Southwest corner of Lot 23 of said Block 5; thence Southeasterly along the South line of Lot 23 to the West line of Black River Street; Thence Southerly on said West line to the North line of Dyckman Avenue; thence Northwesterly along the North line of Dyckman Avenue to Lake Michigan; thence Southwesterly along Lake Michigan to the South line of Lot 16, Block 11, Dyckman & Woodman’s Addition; thence Southeasterly along said South line to the West line of North Shore Drive; thence Southwesterly along said West line to the Southeast corner of Lot 2, Block 15, Monroe Park Subdivision; thence Southwesterly along the South line of Block 15 to the West line of Walk “H”; thence Northwesterly along said line 24 feet; thence Southwesterly and parallel with the South line of Block 14 in said plat, 132 feet to the East line of Walk “F”; thence Southeasterly on said line 24 feet; thence Southwesterly along the South line of Block 13, Monroe Park Subdivision 140 feet to the Southeast corner of Lot 5 said Block 13; thence Northwesterly along the East line of Lot 5, a distance of 66 feet; thence Southwesterly along the North line of Lot 5 to the East line of Grand Boulevard; thence Southwesterly along same to the Southwest corner of said Lot 5; thence Southeasterly and perpendicular to the South line of Block 13 to the Corp of Engineer’s River Bulkhead which defines the North side of the Black River Channel; thence Southwesterly along said Bulkhead to the Shoreline of Lake Michigan extended Southwesterly through the North Pier; thence Southwesterly across the Black River Channel to a point of intersection of the South Bulkhead and Lake Michigan Shoreline lying South of the Bulkhead projected Northwesterly; thence Southerly along Lake Michigan to a point on the North line of Superior Street extended Westerly; thence East along said North line to a point 150 feet West of the West line of J.R. Monroe Boulevard; thence North 200 feet to the South line of Erie Street; thence East on said line to a point South of the center of Lots 9 and 11, Block 39, Original Village (now City) of South Haven; thence North on said line 266 feet to the South Line of Michigan Avenue; thence East 75 f