[HISTORY: Adopted by the Village Council of the Village of
Bellevue as indicated in article histories. Amendments noted where
applicable.]
[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 No. 197 of the Public Acts of Michigan of 1975, as amended.[1]
The Bellevue Downtown Development Authority created by this
article.
The Board of Directors of the Authority, which shall be the
governing body of the Authority.
The President of the Village or the Village Manager.
The Village Council of the Village.
The Downtown District designated by this article, as now
existing or hereafter amended, and within which the Authority shall
exercise its powers.
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.
(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.
