Township of Grosse Ile, MI Article I Establishment

[Adopted 7-27-1992 by Ord. No. 189]

§ 84-1 Development Authority 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 "Grosse Ile Downtown Development Authority within the Township of Grosse Ile."

§ 84-2 Organization and membership; conduct of business.

A. The Authority shall be under the supervision and control of a Board consisting of the Supervisor of the Township of Grosse Ile and eight members appointed by the Supervisor, subject to approval by the Township Board of Trustees. 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. Thereafter, a member shall serve for a term of four years. An appointment to fill a vacancy shall be made by the Supervisor 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.

B. Before assuming the duties of office, a member shall qualify by taking and subscribing to the constitutional oath of office.

C. The business which the Board may perform shall be conducted at a public meeting of the Board held in compliance with the Open Meetings Act, Act No. 267 of the Public Acts of 1976, being §§ 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976. 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 Township Board of Trustees. Special meetings may be held if called in the manner provided in the rules of the Board.

D. 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 Township Board of Trustees. 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.

§ 84-3 Powers of Board.

The Board of the Downtown Development Authority as herein created shall have the following powers and may:

A. Prepare an analysis of economic changes taking place in the downtown district.

B. Study and analyze the impact of metropolitan growth upon the downtown district.

C. 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.

D. 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 §§ 125.1501 to 125.1531 of the Michigan Compiled Laws.

E. Develop long-range plans, in cooperation with the Township Planning 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.

F. 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.

G. Make and enter into contracts necessary or incidental to the exercise of its powers and the performance of its duties.

H. 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.

I. Improve land and construct, reconstruct, rehabilitate, restore and preserve, equip, improve, maintain, repair, and operate any building, including multifamily 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.

J. 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.

K. Lease any building or property under its control, or any part thereof.

L. Accept grants and donations of property, labor, or other things of value from a public or private source.

M. Acquire and construct public facilities.

N. Any other act permitted by law.

§ 84-4 Financing.

A. 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) Money obtained from other sources approved by the Township Board of Trustees.

(7) Any other source permitted by law.

B. 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 No. 197 of the Public Acts of 1975, as amended, the Township shall not obligate itself, nor shall it ever be obligated to pay any sums from public funds, other than money received by the Township pursuant to this section, for or on account of the activities of the Authority.

§ 84-5 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. The development plan shall contain:

A. The designation of boundaries of the development area in relation to highways, streets, streams or otherwise.

B. 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.

C. 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.

D. 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.

E. A statement of the construction or stages of construction planned, and the estimated time of completion of each stage.

F. A description of any parts of the development area to be left as open space and the use contemplated for the space.

G. A description of any portions of the development area which the Authority desires to sell, donate, exchange, or lease to or from the Township and the proposed terms.

H. A description of desired zoning changes and changes in streets, street levels, intersections, and utilities.

I. 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.

J. 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.

K. 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.

L. Estimates of the number of persons residing in the development area and the number of families and individuals to be displaced. If occupied residents 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 displaced families and individuals.

M. A plan for establishing priority for the relocation of persons displaced by the development in any new housing in the development area.

N. 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 § 4601 et seq.

O. A plan for compliance with Act No. 227 of the Public Acts of 1972, being §§ 213.321 to 213.332 of the Michigan Compiled Laws.

P. Other material which the Authority or the Township Board of Trustees deems pertinent.

§ 84-6 Development Area Citizens Council.

A. If a proposed development area has residing within it 100 or more residents, a Development Area Citizens Council shall be established at least 90 days before the public hearing on the development or tax increment financing plan. The Development Area Citizens Council shall be established by the Township Board of Trustees and shall consist of not less than nine members. The members of the Development Area Citizens Council shall be residents of the development area and shall be appointed by the Township Board of Trustees. A member of a Development Area Citizens Council shall be at least 18 years of age. The Development Area Citizens Council shall be representative of the development area.

B. The Development Area Citizens Council shall act as an advisory body to the Authority and the Township Board of Trustees in the adoption of the development or tax increment financing plans.

§ 84-7 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 is incorporated herein 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.

§ 84-8 Boundaries.

A. The Authority shall exercise its powers within the following described area: Commencing at the intersection of the center line of Macomb Street (120 feet wide) and the center line of Meridian Road and continuing southerly along the center line of Meridian approximately 605 feet more or less; thence easterly along the southerly line of Lot 108 of Supervisor's Grosse Ile Subdivision (and said lot line extended) approximately 5,500 feet to the U.S. Harbor Line lying east of East River Road; thence northeasterly along said U.S. Harbor Line 1,230 feet more or less to the northerly line of Gray's Drive (66 feet wide) as extended to intersect with the U.S. Harbor Line; thence westerly along the said northerly line extended and along the north line of Gray's Drive as platted approximately 6,840 feet to the center line of Meridian Road; thence southerly along the center line of Meridian Road approximately 500 feet to the point of beginning, except the following described parcels:

(1) Lots 1 through 13 inclusive of Gray Garden's Subdivision as recorded in Liber 37, Page 20.

(2) Royal Orleans Condominiums (Wayne County Condominiums Plan No. 286).

(3) East Shore Condominiums (Wayne County Condominiums Plan No. 11).

(4) Colony Condominiums (Wayne County Condominium Plan No. 53).

(5) Parkelane Villas (Wayne County Condominiums Plan No. 155).

(6) Parkelane Condominiums (Wayne County Condominiums Plan No. 160).

(7) Grays Village (Wayne County Condominiums Plan No. 273).

(8) Golf Club Manor Condominiums (Wayne County Condominium Plan No. 141).

(9) South Shore Properties, also known as "Isle Royal Apartments," being the West 200 feet of the East 600 feet of Lot 101 of Supervisor's Grosse Ile Subdivision No. 7 as recorded in Liber 63, Page 58.

B. In addition to the above, the Downtown Development Authority District shall also contain all of Private Claim No. 53, known as "Stoney Island."