Village of Bellevue, MI
Eaton County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Council of the Village of Bellevue as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Commission — See Ch. 107.
Zoning — See Ch. 155.
[Adopted 6-22-2010 by Ord. No. 2010-001]
This article shall be known as the "Downtown Development Authority Ordinance" of the Village of Bellevue.
The Village Council hereby determines that it is necessary for the best interests of the public to create a public body corporate which shall operate to halt property value deterioration, eliminate the causes of that deterioration, increase property tax valuation where possible in the business district of the Village, and promote economic growth, pursuant to Act 197 of the Public Acts of Michigan, 1975, as amended.[1]
[1]
Editor's Note: See MCLA § 125.1651 et seq.
The terms used in this article shall have the same meaning as given to them in Act 197 or as hereinafter in this section provided unless the context clearly indicates to the contrary. As used in this article:
ACT 197
Act No. 197 of the Public Acts of Michigan of 1975, as amended.[1]
AUTHORITY
The Bellevue Downtown Development Authority created by this article.
BOARD or BOARD OF DIRECTORS
The Board of Directors of the Authority, which shall be the governing body of the Authority.
CHIEF EXECUTIVE OFFICER
The President of the Village or the Village Manager.
COUNCIL or VILLAGE COUNCIL
The Village Council of the Village.
DOWNTOWN DISTRICT
The Downtown District designated by this article, as now existing or hereafter amended, and within which the Authority shall exercise its powers.
VILLAGE
The Village of Bellevue, Michigan.
[1]
Editor's Note: See MCLA § 125.1651 et seq.
There is hereby created pursuant to Act 197 a Downtown Development Authority for the Village. The Authority shall be a public body corporate and shall be known and exercise its powers under title of the "Bellevue 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 purposes of its incorporation 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.
Upon completion of its purposes, the Authority may be dissolved by the Council. The property and assets of the Authority, after dissolution and satisfaction of its obligations, shall revert to the Village.
The Downtown District within which the Authority shall exercise its powers shall consist of the territory in the Village described in Exhibit A, attached hereto and made a part hereof,[1] subject to such changes as may hereinafter be made pursuant to this article and Act 197.
[1]
Editor's Note: Said exhibit is on file in the Village offices.
The Authority shall be under the supervision and control of the Board. The Board shall consist of the Chief Executive Officer and eight members. Members shall be appointed by the Village President, subject to approval by the Council. 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. Members shall be appointed to serve for a term of four years, except that of the members first appointed, an equal number, as near as is practicable, shall be appointed for terms of one year, two years, three years, and four years. A member shall hold office until the member's successor is appointed and qualified. Before assuming the duties of office, a member shall qualify by taking and subscribing to the Constitutional Oath of Office. An appointment to fill a vacancy shall be made by the Village President 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. The Board shall adopt bylaws governing its procedures subject to the approval of the Council. In the event that the Board determines to employ a Director of the Authority, such Director shall furnish a bond in the penal sum of $100 payable to the Authority for use and benefit of the Authority and shall file the same with the Village Clerk of the Village.
Except as specifically otherwise provided in this article, the Authority shall have all powers provided by Act 197 and other applicable law, subject to the limitations imposed by law.
A. 
The fiscal year of the Authority shall be the same as the fiscal year of the Village of Bellevue, or such other fiscal year as may hereafter be approved by the Board, subject to the approval of the Council.
B. 
The Board shall prepare annually a budget and shall submit it to the Council for approval in the manner and at the time, and which budget shall contain the information, required of municipal departments. The Board shall not finally adopt a budget for any fiscal year until the budget has been approved by the Council. The Board may, however, temporarily adopt a budget in connection with the operation of any improvements which have been financed by revenue bonds where required to do so by the ordinance authorizing the revenue bonds.
C. 
The Authority shall submit financial reports to the Council at the same time and on the same basis as departments of the Village are required to submit reports. The Authority shall be audited at the same time by the same independent auditors auditing the Village and copies of the audit report shall be filed with the Council.
Section headings are provided for convenience only and are not intended to be part of this article. If any portion of this article shall be held to be unlawful, the remaining portions shall remain in full force and effect. All ordinances and parts of ordinances in conflict herewith are hereby repealed.
This article shall be published once after its adoption in full in the The County Journal, a newspaper of general circulation in the Village of Bellevue, and the Village Clerk shall file a certified copy of the article with the Michigan Secretary of State promptly after its adoption.
This article shall take effect immediately upon its publication.
[Adopted 5-24-2013 by Ord. No. 2013-001]
A. 
The Village Council hereby declares that:
(1) 
The Tax Increment Finance and Development Plan has been recommended by the Board of the Village of Bellevue Downtown Development Authority.
(2) 
A reasonable opportunity was provided for the Tax Increment Finance and Development Plan to be reviewed by the other area taxing authorities, and for representatives from those taxing authorities to meet with the Village Council and Village officials.
(3) 
A public hearing on the Tax Increment Finance and Development Plan was conducted by the Village Council on Tuesday, May 14, 2013, at the Village Hall, 201 N. Main Street, Bellevue, Michigan 49021.
(4) 
Notice of said public hearing was given in accordance with Section 18 of the Downtown Development Authority Act, Act 197, Public Acts of Michigan, 1975, as amended ("Act 197").[1]
[1]
Editor's Note: See MCLA § 125.1651 et seq.
(5) 
The Village Council has carefully considered the Tax Increment Finance and Development Plan, the statements, ideas and comments made at the public hearing, the findings and/or recommendations provided by the development area citizens council, and the other recommendations and comments received by the Village Council.
B. 
Based upon the considerations in Subsection A, above, the Village Council hereby finds that:
(1) 
The Tax Increment Finance and Development Plan has been recommended by the Board of the Village of Bellevue Downtown Development Authority.
(2) 
The Tax Increment Finance and Development Plan is consistent with the findings and recommendations of the Development Area Citizens Council, which council has reviewed and approved the Tax Increment Finance and Development Plan, and provided the Village Council with its findings and recommendations concerning the Tax Increment Finance and Development Plan.
(3) 
The Tax Increment Finance and Development Plan meets the requirements set forth in Section 17(2) of Act 197, which identifies the required contents and components of the plan.
(4) 
The proposed method of financing the development is feasible and the Village of Bellevue Downtown Development Authority has the ability to arrange the financing required by the Tax Increment Finance and Development Plan.
(5) 
The development is reasonable and necessary to carry out the purposes of Act 197.
(6) 
The land included within the development area to be acquired is reasonably necessary to carry out the purposes of the Tax Increment Finance and Development Plan and of Act 197 in an efficient and economically satisfactory manner.
(7) 
The Tax Increment Finance and Development Plan, including specifically the Development Plan portion of the plan, is in reasonable accord with the Master Plan of the Village.
(8) 
Public services, such as fire and police protection and utilities, are or will be adequate to service the project area.
(9) 
Changes in zoning, streets, street levels, intersections, and utilities are reasonably necessary for the project and for the Village.
(10) 
The Tax Increment Finance and Development Plan meets all other requirements set forth in Act 197.
C. 
No amendment or modification to the Tax Increment Finance and Development Plan, approved hereby, shall be effective until submitted to and approved by the Village Council in accordance with Act 197.
In accordance with Section 19 of Act 197, the Village Council, having conducted a public hearing on the Tax Increment Finance and Development Plan, made a part hereof by reference, hereby determines that the Tax Increment Finance and Development Plan constitutes a public purpose.
The Village Council hereby determines that it is in the best interests of the public to increase property tax valuation, eliminate the causes of the deterioration in property values, to promote growth in the Downtown District and development area, and accomplish all of the purposes identified in Section 1a of Act 197, by proceeding with the Tax Increment Finance and Development Plan.
The Tax Increment Finance and Development Plan for the development area within the downtown district established by the Village pursuant to Act 197, as prepared by the Board of the Village of Bellevue Downtown Development Authority with the assistance of its consultant and Village officials and staff, and originally submitted to the Village Council on April 9, 2013, is hereby approved and adopted by the Village Council.