TITLE III: ADMINISTRATION
Chapter
30. CITY COUNCIL
31. CITY OFFICIALS AND
EMPLOYEES
32. DEPARTMENTS, COMMISSIONS
AND BOARDS
33. PURCHASING
34. WHITE BIRCH APARTMENTS LDHA
TAX EXEMPTION
35.
THE
TRAILS AT WEST BRANCH TAX EXEMPTION
36.
VICTORIAN TRAIL TAX EXEMPTION
37.
MAPLEWOOD MANOR TAX EXEMPTION
Section
30.01
Appointment to serve on municipal boards and commissions
Editor's note:
City Council provisions are
contained in Chapter 6 of the City Charter.
§ 30.01 APPOINTMENT TO SERVE ON
MUNICIPAL BOARDS AND COMMISSIONS.
Holders of municipal office or employment may be appointed to any municipal
board or commission by the Mayor and/or City Council except as otherwise
provided by ordinance or state statute and consistent with the West Branch
City Charter section 4.21, and provided there is no apparent or future
conflict of interest with such appointment.
(Ord.
159, passed 1-26-81; Am. Ord. 211, passed 8-19-91)
CHAPTER 31: CITY OFFICIALS AND
EMPLOYEES
[Reserved]
Editor's note:
City officials and employees are
now covered by Chapters 4 and 5 of the City Charter.
CHAPTER 32: DEPARTMENTS,
COMMISSIONS AND BOARDS
Section
Police Department
32.001 Adoption of minimum
employment standards of state law enforcement officers training council
Planning
Commission
32.015 Definitions
32.016 Establishment; powers and
duties
32.017 Membership; appointment
and compensation
32.018 Terms of members
32.019 Holding other municipal
offices
32.020 Removal of members
32.021 Vacancies
32.022 Chairperson and other
officers
32.023 Meetings; quorum
32.024 Rules; record of
transactions
32.025 Expenditures
32.026 Recommend overall
development plan
32.027 Necessity for approval of
plats; street system
32.028 Subdivision of land; bond
to secure improvements; publication
32.029 Approval or disapproval of
plats
32.030 Modifications or
interpretations of zoning ordinance
Housing Commission
32.040 Establishment
32.041 Membership; terms;
compensation
32.042 Meetings; organization
32.043 Powers and duties
32.044 Annual report
Airport Aeronautical Board
32.055 Establishment;
organization
32.056 Powers
32.057 Procurement options on
real property
32.058 Budget
32.059 Finances
32.060 Reports
32.061 Termination of agreement
32.062 Disposition of property
upon termination
32.063 Enforcement
32.064 Amendments
Fire Department Services
32.080 Funding of Fire Department
32.081 Benefit of fire services
32.082 Expenses
32.083 Payment billing
32.084 Time period for payment
32.085 Exemptions
32.086 Collection of charges
32.087 Non-exclusive charge
32.088 Multiple property
protection
Zoning Board of Appeals
32.100 Zoning Board of Appeals
provisions are contained in Chapter 15 §152.135
Medical Arts Center
32.115 Title
32.116 Purpose
32.117 Board of Trustees; duties
and responsibilities
32.118 Trust moneys, gifts and
bequests
32.119 Special funds
32.120 Excess funds
Downtown Development
Authority
32.135 Title
32.136 Definitions
32.137 Determination of necessity
32.138 Creation of authority;
powers
32.139 Description of downtown
district
32.140 Board of Trustees
32.141 Appointment of Director;
bond
32.142
Fiscal year adoption of budget
32.143
Statement and recommendation of Plan and Amendment
32.144
Findings
32.145
Public purpose
32.146
Best
interest of the public
32.147
Approval and adoption of Plan and Amendment
32.148
Conflict and severability
32.149
Paragraph headings
32.150
Publication and recordation
32.151
Effective date
City Boards and Commissions to Be Established
32.155 Other City boards and
commissions
POLICE DEPARTMENT
§ 32.001 ADOPTION OF MINIMUM
EMPLOYMENT STANDARDS OF STATE LAW ENFORCEMENT OFFICERS TRAINING COUNCIL.
(A)
The minimum employment standards for law enforcement officers as
established and adopted by the Michigan Law Enforcement Officers Training
Council in accordance with Act No. 203, Public Acts of 1965 are hereby
adopted as follows:
(1)
The applicant shall be a citizen of the United States.
(2)
The applicant shall be of the minimum age of 18 years.
(3)
The applicant shall have graduated from high school or the
equivalent. Equivalent is
defined as having attained a passing score on the General Education
Development test indicating high school graduation level.
(4)
The applicant shall be fingerprinted with a search of local, state
and national fingerprint files to disclose any criminal record.
(5)
The applicant shall not have been convicted of a felony offense.
(6)
The applicant shall be of good moral character as determined by a
favorable report following a comprehensive background investigation covering
school and employment records, home environment, personal traits and
integrity. Consideration will
be given to any and all law violations, including traffic and conservation
law convictions as indicating a lack of good character.
(7)
The applicant shall be in acceptable physical, emotional and mental
fitness as established by a licensed physician following examination to
determine if the applicant is free from any physical, emotional or mental
condition which might adversely affect his performance of duty as a police
officer.
(8)
The applicant shall possess normal hearing and normal color vision.
He shall be free from any impediments of the senses. He must possess normal visual functions and a visual acuity
in each eye correctable to 20/20.
The applicant must be physically sound, well-developed physically,
with height and weight in relation to each other and to age as indicated by
accepted medical standards, and in possession of his extremities. He shall be free from any physical defects, chronic diseases,
organic diseases, organic or functional conditions, or mental instabilities
which may tend to impair efficient performance of duty which might endanger
the lives of others or himself if he lacks these qualifications.
(9)
A declaration of the applicant's medical history shall become a part
of the background investigation.
The information shall be available to the examining physician.
(10)
An oral interview shall be held by the hiring authority or his
representative, to determine the applicant's acceptability for a police
officer position and to assess appearance, background and ability to
communicate.
(11)
Candidates shall be required to pass the Michigan Law Enforcement Officers
Training Council reading and writing examination or an approved agency
equivalent examination; pass the MLEOTC physical skills performance
examination or an approved agency equivalent examination, and pass the
MLEOTC certification examination upon the completion of basic training.
(12)
Individuals must successfully complete the basic police-training curriculum.
(13)
Fingerprint applicant with a search of state or federal fingerprint files to
disclose criminal record.
(Ord.
213, passed 1-20-92)
PLANNING COMMISSION
§ 32.015 DEFINITIONS.
For
the purpose of this subchapter, the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
APPOINTED MEMBER.
The seven or, if the Mayor is a member, the six members appointed by
the Mayor with the approval and confirmation by a majority of the City
Council.
CITY
COUNCIL.
The chief legislative body of the City.
CITY
MANAGER.
The chief administrative officer of the
City government who is responsible to the Council for all City functions
with the exception of those under the direction of the City Attorney.
COMMISSION.
The City Planning Commission for
purposes of this subchapter.
EX
OFFICIO MEMBER.
The members of the City Council
appointed by the majority of the City Council and the City Manager pursuant
to Charter and the Mayor if the City Council deem this desirable. (See
Section § 32.017)
MAYOR.
The executive head of the City with such powers as are provided by
statute and the presiding officer of the City Council.
(Ord.
136, passed 7-19-76)
§ 32.016 ESTABLISHMENT; POWERS
AND DUTIES.
There
is hereby created a planning commission for the City to be known as the City
Planning Commission. The Commission is created in accordance with the
provisions of Act No. 285 of the Public Acts of 1931, as amended, being
M.C.L.A. § 211.2 et seq. The Commission shall have all the duties and powers
and shall perform all of the functions provided by such Act as amended.
(Ord.
136, passed 7-19-76)
Cross-reference:
See City Charter § 4.20
§ 32.017 MEMBERSHIP;
APPOINTMENT AND COMPENSATION.
(A)
The Planning Commission shall consist of nine members, which shall
include one member of the City Council and the City Manager as ex officio
members as provided by the Charter, and seven members shall represent
insofar as possible different professions or occupations.
(B)
If deemed desirable by the City Council, the Planning Commission may
consist of the Mayor, the City Manager and one member of the Council
selected by the Council, as ex officio members and six persons appointed by
the Mayor subject to approval and confirmation by a majority vote of the
City Council. The other six members shall represent insofar as possible
different professions or occupations.
(C)
Appointed members may be compensated at a rate to be determined by
the City Council.
(Ord.
136, passed 7-19-76)
§ 32.018 TERMS OF MEMBERS.
The
term of the appointed members of the Planning Commission shall be three
years, except that two of the members first appointed shall be for one year
and two shall be for two years. The term of the City Manager shall be that
of his tenure in that office. The term of the Mayor, if applicable, and that
of the councilmember shall be for the term to which elected; however, the
City Council shall, at its regular meeting to be held on the second day of
January of each even numbered year, re-determine the desirability of the
Mayor being named as an ex officio member and in the applicable even
numbered years shall appoint or reappoint a Council member as an ex officio
member for the ensuing four year term.
(Ord.
136, passed 7-19-76)
§ 32.019 HOLDING OTHER
MUNICIPAL OFFICES.
The
appointed members of the Planning Commission shall hold no other municipal
office except that one member may be a member of the Zoning Board of
Appeals.
(Ord.
136, passed 7-19-76)
§ 32.020 REMOVAL OF MEMBERS.
Appointed members of the Planning Commission may, after public hearing, be
removed by the mayor for inefficiency, neglect of duty, or malfeasance in
office. Council may, for like cause, remove the ex officio member selected
by it.
(Ord.
136, passed 7-19-76)
§ 32.021 VACANCIES.
A
vacancy shall be filled for the unexpired term by the same appointing
authority and in the same manner as was the appointment of the vacated
member.
(Ord.
136, passed 7-19-76)
§ 32.022 CHAIRPERSON AND OTHER
OFFICERS.
The
Planning Commission shall elect its own Chairperson from the members of the
Commission and create and fill such other of its offices as he may
determine. The term of the Chairperson shall be one year, with eligibility
for re-election.
(Ord.
136, passed 7-19-76)
§ 32.023 MEETINGS; QUORUM.
(A)
The Planning Commission shall hold at least one regular meeting each
month.
(B)
A majority of the Planning Commission shall constitute a quorum for
the transaction of business.
(Ord.
136, passed 7-19-76)
§ 32.024 RULES; RECORD OF
TRANSACTIONS.
The
Planning Commission shall adopt rules for the transaction of business and
shall keep a record of its resolutions, transactions, findings and
determinations, which record shall be open to public examination.
(Ord.
136, passed 7-19-76)
§ 32.025 EXPENDITURES.
The
expenditures of the Planning Commission, exclusive of gifts, shall provide
the funds for equipment and accommodations necessary for the Commission's
work. No expenditure of any kind shall be made without an appropriation
therefore having been first made by the City Council.
(Ord.
136, passed 7-19-76)
§ 32.026 RECOMMEND OVERALL
DEVELOPMENT PLAN.
(A)
Publication; alteration.
(1)
The Planning Commission shall make and adopt an overall development
plan for the physical development of the City including any areas outside of
its boundaries which, in the Commission's judgment, bear relation to the
planning of the City. The plan, with the accompanying maps, plats, charts
and descriptive matter, shall show the Planning Commission's recommendations
for the development of the territory, including, among other things:
(a)
The general location, character and extent of streets, viaducts,
subways, bridges, waterways, flood plains, water fronts, boulevards,
parkways, playgrounds and open spaces, the general location of public
buildings and other public property, and the general location and extent of
public utilities and terminals, whether publicly or privately owned or
operated, for water, light, sanitation, transportation, communication, power
and other purposes;
(b)
The removal, relocation, widening, narrowing, vacating, abandonment,
change of use or extension of any of the foregoing ways, grounds, open
spaces, buildings, property, utilities or terminals;
(c)
The general location, character, layout and extent of community
centers and neighborhood units; and
(d)
The general character, extent and layout of the replanning and
redevelopment of blighted districts and slum areas, as well as a zoning plan
for the control of height, area, bulk, location and use of buildings and
premises.
(2)
As the work of making the whole overall development plan progresses,
the Planning Commission from time to time may adopt and publish parts
thereof, any such part to cover one or more major sections or divisions of
the City or one or more of the aforesaid or other functional matters to be
included in the plan. The
Planning Commission from time to time may amend, extend or add to the plan.
(B)
In the preparation of the overall development plan referred to in
division (A) of this section, the Planning Commission shall make careful and
comprehensive surveys and studies of present conditions and future growth of
the City and with due regard to its relation to the neighboring territory.
The overall development plan shall be made with the general purpose of
guiding and accomplishing a coordinated, adjusted and harmonious development
of the City and its environs which will, in accordance with present and
future needs, best promote health, safety, morals, order, convenience,
prosperity and general welfare, as well as efficiency and economy in the
process of development; including, among other things, adequate provisions
for traffic, the promotion of safety from crime, fire and other dangers,
adequate provision for light and air, the promotion of the healthful and
convenient distribution of population, the promotion of good civic design
and arrangement, wise and efficient expenditure of public funds, and the
adequate provision of public utilities and other public requirements.
(C)
Adoption of whole or parts by resolution of Commission; hearing;
notices; certificates to Council and register of deeds.
(1)
The Planning Commission may, after approval thereof by the City
Council, adopt the overall development plan, referred to in division (A) of
this section, as a whole by a single resolution or may by successive
resolution adopt successive parts of the plan, such parts corresponding with
major geographical sections of divisions of the City or with functional
subdivisions of the subject matter of the plan, and may adopt any amendment
or extension thereof or addition thereto.
(2)
Before the adoption of the plan or any such part, amendment,
extension or addition, the Planning Commission shall hold at least one
public hearing thereon, notice of the time and place of which shall be
given, not less than 15 days prior to such hearing, by one publication in a
newspaper of general circulation in the City and in the official newspaper,
if any, of the City, and by registered United States mail to each public
utility company and to each railroad company owning or operating any public
utility or railroad within the geographical sections or divisions of the
City.
(3)
The adoption of the plan or of any such part or amendment or
extension or addition shall be by resolution of the Planning Commission
carried by the affirmative votes of not less then six members of the
Planning Commission. The resolution shall refer expressly to the maps, the
descriptive and other matter intended by the Commission to form the whole
part of the plan, and the action taken
shall
be recorded on the map and plan and descriptive matter by the identifying
signature of the Chairperson and/or secretary of the Planning Commission. An
attested copy of the plan or part thereof, when so adopted, shall be
certified to the City Council and to the County Register of Deeds.
(D)
Approval by Commission and Council and body having jurisdiction;
plans for future.
(1)
Whenever the Planning Commission shall have adopted the overall
development plan of the City or of one or more major sections or districts
thereof, no street, square, park or other public way, ground or open space,
or public building or structure, shall be constructed or authorized in the
City or in such planned section and district until the location, character
and extent thereof shall have been submitted to and approved by the Planning
Commission; however, in case of disapproval, the Planning Commission shall
communicate its reasons to the City Council which shall have the power to
overrule such disapproval by a recorded vote of not less than two-thirds of
its entire membership. If the public way, ground, space, building, structure
or utility is on the authorization or financing of which does not, under the
law or charter provisions, governing the same, fall within the province of
the City Council; then the submission by the Planning Commission shall be to
the board, Commission or body having such jurisdiction, and the Planning
Commission's disapproval may be overruled by such board, commission or body
by a vote of not less then two-thirds of its membership.
The Planning Commission shall, after having adopted the overall
development plan, prepare coordinated and comprehensive programs of public
structures and improvements.
(2)
The Planning Commission shall annually prepare such a program for the
ensuing six years, which program shall show the public structures and
improvements, in the general order of their priority, which in the Planning
Commission's judgment will be needed or desirable and can be undertaken
within the six-year period. The above comprehensive coordinated programs
shall be based upon the requirements of the community for all types of
public improvements, and to that end, each agency or department of the City
concerned with such improvements shall, upon request, furnish the Planning
Commission with lists, plans and estimates of time and cost of public
structures and improvements within the purview of such department.
(Ord.
136, passed 7-19-76)
§ 32.027 NECESSITY FOR APPROVAL
OF PLATS; STREET SYSTEM.
Whenever the Planning Commission shall have adopted that part of an overall
development plan relating to the major street system of the territory within
its jurisdiction or part thereof, and shall have filed a certified copy of
such plan in the office of the County Register of Deeds, then no plat of a
subdivision of land within such territory or part shall be filed or recorded
until it shall have been approved by such Planning Commission and such
approval entered in writing on the plat by the Chairperson or Secretary of
the Planning Commission.
(Ord.
136, passed 7-19-76)
§ 32.028 SUBDIVISION OF LAND;
BOND TO SECURE IMPROVEMENTS; PUBLICATION.
(A)
Before exercising the powers referred to in § 32.027, the Planning
Commission shall adopt regulations governing the subdivision of land within
its jurisdiction. Such regulations may provide for the proper arrangement of
streets in relation to other existing or planned streets and to the overall
development plan, for adequate and convenient open spaces for traffic,
utilities, access of fire-fighting
apparatus, recreation, light and air, and for the avoidance of congestion of
population, including minimum width and area of lots.
(B)
Such regulations may include provisions as to the extent of which
streets and other ways shall be graded and improved and to which water and
sewer and other utility mains, piping or other facilities shall be installed
as a condition precedent to the approval of the plat. The regulations or
practice of the Planning Commission may provide for a tentative approval of
the plat previous to such installation; but any such tentative approval
shall be revocable and shall not be entered on the plat. In lieu of the
completion of such improvements and utilities prior to the final approval of
the plat, the Planning Commission may accept a bond with surety to secure to
the City the actual construction and installation of such improvements or
utilities at a time and according to specifications fixed by or in
accordance with the regulations of the Planning Commission. The City is
hereby granted the power to enforce such bond by all appropriate legal and
equitable remedies.
(C)
All such regulations, prior to adoption, shall be approved by the
City Council and after such approval shall be published as provided by law
for the publication of ordinances, and before adoption, a public hearing
shall be held thereon. A copy thereof shall be certified by the Planning
Commission to the County Register of Deeds.
(Ord.
136, passed 7-19-76)
§ 32.029 APPROVAL OR
DISAPPROVAL OF PLATS.
(A)
The Planning Commission shall approve, modify or disapprove a plat
within 60 days after the submission thereof to it otherwise such plat shall
be deemed to have been approved, and a certificate to that affect shall be
issued by the Planning Commission on demand; however, that the applicant for
the Planning Commission's approval may waive this requirement and consent to
an extension of such period. The ground of disapproval of any plat shall be
stated upon the record of the Planning Commission.
(B)
Any plat submitted to the Planning Commission shall contain the name
and address of a person to whom notice of a hearing shall be sent; and no
plat shall be acted on by the Planning Commission without affording a
hearing thereon. Notice shall be sent to the address by registered mail of
the time and place of such hearing not less than five days before the date
fixed therefore. Similar notice shall be mailed to the owners of land
immediately adjoining the platted land, as their names appear upon recorded
plats in the Register of Deeds office and their addresses appear in the
directory of the City or on the tax records of the City or county.
(C)
Every plat approved by the Planning Commission shall by virtue of
such approval, be deemed to be an amendment of or an addition to or a detail
of the municipal plan and a part thereof. Approval of a plat shall not be
deemed to constitute or effect an acceptance by the public of any street or
other open space shown upon the plat. The Planning Commission may, from time
to time, recommend to the City Council amendments of the zoning ordinance or
map or additions thereto to conform to the Planning Commission's
recommendations for the zoning regulation of the territory comprised within
approved subdivisions.
(D)
The Commission shall have the power to agree with the applicant upon
use, height, area or bulk requirements or restrictions governing buildings
and premises within the subdivision, provided such requirements or
restrictions governing buildings or premises within the subdivision conform
to the effective zoning ordinance of the municipality. Such requirements or
restrictions shall be stated upon the
plat
prior to the approval and recording thereof and shall have the same force of
law and be enforceable in the same manner and with the same sanctions and
penalties and subject to the same power of amendment or repeal as though set
out as a part of the zoning ordinance or map of the municipality.
(Ord.
136, passed 7-19-76)
§ 32.030 MODIFICATIONS OR
INTERPRETATIONS OF ZONING ORDINANCE.
All
matters affecting modifications or interpretations of the City zoning
ordinance shall first be submitted to the Planning Commission for
investigation and recommendation. The Planning Commission shall make such
investigation and submit its recommendations in writing within seven days
from the date of reference. The Zoning Board of Appeals shall take no action
within such period, awaiting recommendations of the Planning Commission.
(Ord.
136, passed 7-19-76)
§ 32.040 ESTABLISHMENT.
Pursuant to Public Act 18 of the Extra Session of 1933, as amended, a
commission is hereby created in and for the City, to be known as the City
Housing Commission.
(Ord.
116, passed 10-23-74)
§ 32.041 MEMBERSHIP; TERMS;
COMPENSATION.
The
Housing Commission shall consist of five members to be appointed by the
Mayor. The term of office of
members of the Commission shall be five years.
Members shall be appointed for the term of five years.
Members of the Commission may be removed from office by the Mayor.
Any vacancy in office shall be filled by the Mayor for the remainder
of the unexpired term.
(Ord.
116, passed 10-23-74)
§ 32.042 MEETINGS;
ORGANIZATION.
The
Housing Commission shall meet at regular intervals.
These meetings shall be public.
It shall adopt its own rules of procedure and shall keep a record of
the proceedings. Three members
shall constitute a quorum for the transaction of business.
A Chairperson and Vice-Chairperson shall be elected by the
Commission. The Commission may
appoint a director who may also serve as secretary, and such other employees
or officers as shall be necessary.
The Commission shall prescribe the duties of all of its officers and
employees and may, with the approval of the Mayor, fix their compensation.
The Commission may from time to time as necessary, employ engineers,
architects and consultants.
(Ord.
116, passed 10-23-74)
§ 32.043 POWERS AND DUTIES.
The
Housing Commission shall have the following enumerated powers and duties:
(A)
To determine in what area of the City it is necessary to provide
proper sanitary housing facilities for families of low income and for the
elimination of housing conditions which are detrimental to the public peace,
health, safety, morals and/or welfare.
(B)
To purchase, lease, sell, exchange, transfer, assign and mortgage any
property, real or personal, or any interest therein, or acquire the same by
gift, bequest or under the power of eminent domain; to own, hold, clear and
improve property; to engage in or contract for the design and construction,
reconstruction, alteration, improvement, extensions, and/or repair of any
housing project or projects or parts thereof; to lease and/or operate any
housing project or projects;
(C)
To control and supervise all parks and playgrounds forming a part of
such housing development but the Commission may contract with existing
departments of the City for operation or maintenance of either or both;
(D)
To establish and revise rents of any housing project or projects, but
the Commission shall rent all property for such sums as will make them
self-supporting, including all charges for maintenance and operation, for
principal and interest on loans and bonds, and for taxes;
(E)
To rent only to such tenants as are unable to pay for more expensive
housing accommodations;
(F)
To call upon other departments for assistance in the performance of
its duties, for which said department shall be reimbursed for any added
expenses incurred therefore; and
(G)
It shall have such other powers relating to said housing facilities
projects as may be prescribed by ordinance or resolution of the City or as
may be necessary to carry out the purposes of this subchapter.
(Ord.
116, passed 10-23-74)
§ 32.044 ANNUAL REPORT.
The
Housing Commission shall make an annual report of its activities to the City
Council and shall make such other reports as said City Council may from time
to time require.
(Ord.
116, passed 10-23-74)
AIRPORT AERONAUTICAL
BOARD
§ 32.055 ESTABLISHMENT;
ORGANIZATION.
There
is hereby created the West Branch Community Aeronautical Board. The
Aeronautical Board shall consist of six members as follows: three members
appointed by the City Council and three members appointed by the County
Commission. Successive appointees shall serve until their successors are
appointed and qualified. Vacancies shall be filled for the unexpired portion
of the term by the
appropriate appointing body. Members shall serve without compensation other
than actual expenses. The Aeronautical Board shall choose one of its members
as Chairperson, one as Vice-Chairperson and one as Secretary-Treasurer. The
Aeronautical Board may adopt and from time to time amend rules of procedure. The County Road Commission Manager-Engineer shall serve as an
ex officio member.
(Ord.
93, passed 12-15-65)
§ 32.056 POWERS
The
Aeronautical Board, except as hereinafter provided, shall acquire necessary
property for, establish, construct, enlarge, improve, maintain, equip,
operate and regulate the airport and other air navigation facilities and
airport protection privileges to be jointly acquired, controlled and
operated under this subchapter.
The Aeronautical Board may exercise on behalf of the county and City all the
powers of each of such municipalities granted by M.C.L.A. § 259.134 as
amended, except as otherwise provided in this subchapter.
No real property and no airport, other air navigation facility or air
protection privilege acquired under this subchapter shall be disposed of by
the Aeronautical Board by sale, lease or otherwise except by authority of
both City Council and the County Commission; but the Aeronautical Board may
lease space, area or improvements and grant concessions on airports for
aeronautical purposes, or purposes incidental thereto subject to the
provisions of M.C.L.A. § 259.134, as amended. The Ogemaw County Road
Commission is hereby designated to maintain the facilities.
(Ord.
93, passed 12-15-65)
§ 32.057 PROCUREMENT OPTIONS ON
REAL PROPERTY.
The
Aeronautical Board on behalf of the City and county may procure options on
real property suitable for the site of the proposed airport. No real
property, airport, restricted landing area, air protection privilege or
personal property costing in excess of $500 shall be acquired and no
condemnation proceedings shall be instituted except after authority to do so
has been granted in each individual case by the City Council and the County
Commission. Condemnation proceedings shall be instituted in the names of the
City and county jointly in accordance with M.C.L.A. § 259.134, as amended.
Real property acquired under this subchapter shall be held by the City and
county as tenants in common. The City shall own a 50% interest and the
county shall own a 50% interest in the property acquired hereunder.
(Ord.
93, passed 12-15-65)
§ 32.058 BUDGET.
(A)
The Aeronautical Board shall each year prior to September 1 prepare a
budget for airport finances for the ensuing calendar year. The budget shall
be in two parts and shall be substantially balanced.
(1)
Part 1 shall show for the airport improvement fund established by
§ 32.059 of the following:
(a)
Estimated revenues, divided as follows:
1.
Federal and state grants;
2.
Contribution from City;
3.
Contribution from county; and
4.
Miscellaneous revenues.
(b)
Estimated expenditures, divided as follows:
1.
Personal services;
2.
Services other than personal;
3.
Supplies and materials;
4.
Equipment;
5.
Real estate and improvements; and
6.
Miscellaneous expenditures.
(2)
Part II shall show the following for the current airport fund created
in § 32.59:
(a)
Estimated revenues, divided as follows:
1.
Federal and state grants and reimbursements;
2.
Contribution from City;
3.
Contribution from county;
4.
Earnings from concession, leases and charges made for use of airport
facilities;
and
5.
Miscellaneous revenues.
(b)
Estimated expenditures, divided as follows:
1.
Personal services;
2.
Services other than personal;
3.
Supplies and materials;
4.
Equipment;
5.
Real estate and improvement;
6.
Payment to City for investment; and
7.
Payment to county for investment.
(B)
Such budget shall be submitted not later than October 1 to the City
Council and the County Commission.
Part I of the budget shall be for the information of the City Council
and County Board to assist in their financial planning. Part II of the
budget shall be submitted for action by the City Council and County Board.
The final decisions of the City Council and County Board as to the requested
contributions in Part II shall be reported back to the Aeronautical Board
which shall adjust the budget if necessary. The City shall pay 30% of the
total contributions paid into the current airport fund by the City and
County each year. If either the City Council or the County Commission fixes
its contribution at less than the amount requested by the Aeronautical
Board, the contribution of the other shall be decreased proportionately,
unless the latter shall decide to pay a larger portion of the total
contribution than is required by this subchapter.
The expenditure allowances as finally adjusted and approved by the
Aeronautical Board shall control the year's spending program except that
excess revenues received may be spent upon the approval of five members of
the Aeronautical Board. The Aeronautical Board shall not itself levy taxes
or borrow money; and it shall not approve any claims or incur any
obligations for expenditure unless there is unencumbered cash in the
appropriate airport fund (either state, federal or local) to the credit of
the Aeronautical Board with which to pay the same. Any surplus in revenues
over the cost of maintenance and operating expenses of the properties
acquired under this subchapter may be transferred by the Aeronautical Board
to the City and county in the same proportion as they are required by this
division to contribute for maintenance and operation.
(Ord.
93, passed 12-15-65)
§ 32.059 FINANCES.
(A)
For the purpose of financing the necessary expenditures in carrying
out the provisions of this subchapter, there are hereby created in the City
accounts and treasury two special funds to be called respectively the West
Branch Community Airport Improvement Fund and the West Branch Community
Current Airport Fund. Into the West Branch Community Airport Improvement
Fund shall be placed the various revenues enumerated in Part I of the budget
provided for in § 32.058 and from it shall be paid claims for various
airport expenditures as so enumerated. Into the West Branch Community
Current Airport Fund shall be placed the various revenues enumerated in Part
II of the budget provided for in § 32.058 and from it shall be paid claims
for various airport expenditures as so enumerated.
(B)
For purposes of budgeting, accounting and reporting the fiscal year
of the Aeronautical Board and the fund shall be annual. An audit of the
funds shall be made annually. Such audit may be made independently of or in
conjunction with any audit which may be made of the funds of the City.
(C)
Any employee of the aeronautical board who handles cash in the
process of collection shall furnish a surety bond in such amount as is
determined by the Aeronautical Board.
(Ord.
93, passed 12-15-65)
§ 32.060 REPORTS.
The
Aeronautical Board shall as soon as possible after the end of each fiscal
year prepare and present to the City Council and the County Commission a
comprehensive annual report of its activities and finances.
The County Road Commission shall also prepare and present to federal
and state officials such reports as may be required by law, regulation or
contract.
(Ord.
93, passed 12-15-65)
§ 32.061 TERMINATION OF
AGREEMENT.
This
subchapter shall be in full force and effect for the term of 25 years from
the date hereof and thereafter for like periods of 25 years until terminated
by written notice from either party to the other party at least 30 days
prior to the expiration of any such period. Notwithstanding termination,
powers of the Aeronautical Board under this subchapter shall continue to the
extent necessary to maintain and operate the airport until disposition under
§ 32.062 of the property acquired under this subchapter.
(Ord.
93, passed 12-15-65)
§ 32.062 DISPOSITION OF
PROPERTY UPON TERMINATION.
As
soon as practicable after termination of this agreement, the City Council
and County Commission shall dispose of all property acquired under this
subchapter, including surplus funds, in any manner they shall then agree
upon. If no agreement as to disposition is reached within three months after
termination of these regulations, the City Council shall, within 30 days
thereafter, appoint some person, who may be a City official, as its
representative; the county shall similarly appoint a representative; and the
Michigan Aeronautics Commission or successor in function shall appoint a
third person, who shall together constitute an advisory board on disposition
of the airport property. This board shall as soon as possible prepare and
recommend to the City Council and County Commission a complete plan for the
disposition of all property acquired under this subchapter, and such plan
shall provide for the continuation of the use of the property as a public
airport, if practicable. Upon termination of these regulations, each party
shall provide for the payment of principal and interest on its outstanding
bonds issued as a result of this subchapter, and in the absence of another
arrangement mutually agreed upon each party shall assume the payment of
debts and liabilities incurred by the Aeronautical Board in the same
proportion as it is required to contribute to the Current Airport Fund under
§ 32.058(B).
(Ord.
93, passed 12-15-65)
§ 32.063 ENFORCEMENT.
Specific performance of the provisions of this subchapter may be enforced
against either party by the other party.
(Ord.
93, passed 12-15-65)
§ 32.064 AMENDMENTS.
This
subchapter may be amended in any particular by following the procedure used
for the adoption of this subchapter.
Before any amendment is adopted the City Council and County
Commission shall hold at least one joint public hearing thereon after ten
days public notice of the time and place of such hearing.
(Ord.
93, passed 12-15-65)
FIRE DEPARTMENT SERVICES
§ 32.080 FUNDING OF FIRE DEPARTMENT.
This
subsection is adopted for the purpose of reimbursing the City for actual
costs incurred in the operation of a Fire Department.
Those receiving direct, or indirect benefits from the fire protection
service should bear part of the financial burden of fire services.
It is the further purpose of this subsection to provide for partial
funding of the Fire Department operation which remains, in part, an at-large
governmental expense based upon the general benefits derived by all property
owners within the City from the existence of a local fire department and its
availability to extinguish fires within the City and perform other emergency
services.
(Ord.
218, passed 9-21-92)
§ 32.081 BENEFIT OF FIRE SERVICES.
The
record owners of real estate, and/or personal property, receiving the direct
or indirect benefit of fire services provided by the Ogemaw Fire Department
shall be responsible under the provisions of this section.
(Ord.
218, passed 9-21-92)
§ 32.082 EXPENSES.
Charges shall hereafter be due and payable to the City at an hourly rate set
periodically by the City council for all emergencies and non-emergencies
resulting in a Fire department response.
Charges shall be based on all costs to the City, including, but not
limited to, labor and equipment expenses.
(Ord.
218, passed 9-21-92)
§ 32.083 PAYMENT BILLING.
Within 30 days after the fire or emergency service provided to the owner,
the City shall send a statement to the owner's mailing address as shown by
the City tax rolls, or to the owner of damaged personal property as recorded
by emergency response personnel.
(Ord.
218, passed 9-21-92)
§ 32.084 TIME PERIOD FOR PAYMENT.
All
statements issued by the City pursuant to this section shall be due and
payable by the owners within 30 days after the statement is issued.
(Ord.
218, passed 9-21-92)
§ 32.085 EXEMPTIONS.
The
following properties and services shall be exempt from the forgoing charges:
(A)
Fires caused by railroad trains which are the specific statutory
responsibility of railroad companies.
(B)
Fire involving City buildings, grounds and/or property.
(C)
Fire service performed outside the jurisdiction of the City under a
mutual aid contract with an adjoining municipality.
(Ord.
218, passed 9-21-92)
§ 32.086 COLLECTION OF CHARGES.
In
the event the owner fails to pay the charges invoiced, the charges may
constitute a lien against the owner's real property in the City and may be
collected as delinquent taxes.
In addition, the City may proceed in District Court, Circuit Court, or in
any other court of competent jurisdiction for the collection of the charges.
(Ord.
218, passed 9-21-92)
§ 32.087 NON-EXCLUSIVE CHARGE.
The
foregoing rates and charges shall not be exclusive of the charges that may
be made by the City for the costs and expenses of maintaining a Fire
department, but shall only be supplemental thereto.
Additional charges may be collected by the City through general
taxation after a vote of the electorate approving the same or by a special
assessment established under the Michigan statutes pertaining thereto.
General fund appropriations may also be made to cover such additional
costs and expenses.
(Ord.
218, passed 9-21-92)
§ 32.088 MULTIPLE PROPERTY PROTECTION.
When
a particular service rendered by the Fire department directly or indirectly
benefits more than one person or property, the owner of each property so
benefited, and each person so benefited, where property protection is not
involved, shall be liable for the payment of a portion of the charge for
fire service. The
interpretation and application of the within section is hereby delegated to
the City Manager subject only to appeal, within the time limits for payment,
to the City Council, and shall be administered so that charges shall only be
collected from the recipients of the service.
(Ord.
218, passed 9-21-92)
ZONING BOARD OF
APPEALS
§ 32.100
Editor's note:
Zoning Board of Appeals provisions are contained in Chapter 15
§152.135 of the Zoning Code.
MEDICAL ARTS CENTER
§ 32.115 TITLE.
The
existing buildings and facilities presently situated in Block 7 of the
Peoples Addition to the City which is attached to the City-owned Tolfree
Memorial Hospital and used as an ambulatory care facility shall hereafter be
known as the Medical Arts Center.
(Ord.
169, passed 10-4-83)
§ 32.116 PURPOSE.
The
purposes and objectives of the Medical Arts Center shall be to provide
health care facilities and services that will expend, compliment and support
the health care services offered by the Tolfree Memorial Hospital which
shall include:
(A)
Maintaining ambulatory health care facilities;
(B)
Offering office space for health care provided;
(C)
Generating revenue for Tolfree Memorial Hospital;
(D)
Carrying on educational activities related to health care and
promotion of health care;
(E)
Participating, insofar as circumstances may warrant, in activities
designed and carried out to promote the general health of the community; and
(F)
Becoming qualified as a health care provider insofar as this may
enhance the Medical Arts Center's ability to provide health care services.
(Ord.
169, passed 10-4-83)
§ 32.117 BOARD OF TRUSTEES;
DUTIES AND RESPONSIBILITIES.
(A)
Organization.
(1)
The Medical Arts Center shall be managed and operated by a board of
three trustees as a City-owned health care facility, subject to such rules,
regulations and bylaws as shall be prescribed from time to time by the Board
of Trustees and approved by the City Council, in accordance with provisions
of this chapter.
(2)
The Board of three voting Trustees shall consist of the Chief
Executive Officer of Tolfree Memorial Hospital and two people to be
appointed by the Mayor with the consent of the City Council.
These two people shall possess the qualifications hereinafter set
forth for the Medical Arts Center.
These individuals must be legal residents of the City who have
resided in the City for a period of not less than two years immediately
preceding the date of appointment or be freeholders owning real property
subject to real property taxes within the City limits and live within the
boundaries of the county for a period of not less than two years immediately
proceeding their appointment.
The Chief Financial Officer of Tolfree Memorial hospital will be an ex
officio Trustee without vote.
(3)
The term of the Board members appointed by the Mayor with the consent
of the City Council shall be for a two-year term to expire alternating
years. Any vacancy in these
Trustee positions shall be filed by the Mayor with the consent of the City
Council.
(4)
The person appointed to the Board of Trustees of the Medical Arts
Center, or filling any such vacancy, shall, within ten days after receiving
written notice of appointment, take and subscribe the official oath of
office and file the same with the City Clerk.
(B)
Duties and responsibilities.
(1)
The Board of Trustees shall conduct an organizational meeting in the
month of July within ten days following the first regular meeting of the
City Council in the month of July at which appointments to the Board have
been made and the Board shall reorganize at this annual meeting.
In addition thereto, the Board shall meet at least once in each
calendar month for the purpose of conducting the regular business of the
Board of Trustees.
(2)
The Board of Trustees shall adopt bylaws in accordance with legal
requirement and with its community responsibility identifying the purposes,
mission, role and goals of the Medical Arts Center and the means of
fulfilling them. The bylaws
shall not be in conflict with this chapter or with any laws of the state or
of the United States.
(3)
The authority granted by this chapter to the Board of Trustees to
manage and operate the Medical Arts Center shall include all the rights
reasonably necessary to carry out this purpose.
It being expressly understood and agreed; however, that the City is
not delegating legislative or discretionary powers which are exclusively
those of the City but only administrative and ministerial powers which may
be lawfully delegated to carry out this proper governmental function.
(4)
The Board of Trustees shall provide for the election of its officers
and shall adopt a schedule of meetings, attendance requirements and methods
of recording minutes of governing body proceedings.
(5)
The Chief Executive Officer and the Chief Financial Officer of the
Tolfree Memorial Hospital shall act as Chief Executive Officer and Chief
Financial Officer of the Medical Arts Center.
(6)
The Board of Trustees shall endeavor to provide appropriate physical
resources and personnel required to meet the needs of the patients and shall
participate in planning to meet the health needs of the community.
(7)
The Board of Trustees shall endeavor to take all reasonable steps to
conform to all applicable federal, state and local laws and regulations
including those relating to licensure fire inspection and other safety
measures.
(8)
The Board of Trustees shall provide for the control and use of the
physical and financial resources of the Medical Arts Center.
(9)
The Board of Trustees shall be responsible for the maintenance of an
accounting system and records which will accurately reflect in detail all
income, disbursements, assets and liabilities.
These financial records shall be available at all times for
inspection by the City Council.
The books and records of the Medical Arts Center shall be examined annually
by an independent certified public accounting firm, and audit made, and a
certified copy of the audit shall be filed with the City Clerk.
(10)
The Board of Trustees shall assist in the establishment of a schedule
of charges for all services rendered by the Medical Arts Center which shall
not be unreasonably or unwarranted for the services rendered, which schedule
shall be available for review by the City Council at all times.
Such a schedule will be developed with the recognition and
cooperation of physician, physician groups, or other leases in the Medical
Arts Center that are active in the private practice of medicine or other
health related activities.
(11)
The Board of Trustees shall be responsible for the collection and
receipt of all moneys in connection with the operation and management of the
Medical Arts Center, shall maintain accounts for the deposit and safe
keeping of such sums in such bank or banks as the Board of Trustees shall
from time to time designate as official depositories of the Medical Arts
Center with a view toward protecting, as far as is practical, such deposits
to the extent of federal insurance.
(12)
The Board of Trustees shall have authority to pay operating expenses
from such funds and deposits and the right to bond employees.
(13)
The Board of Trustees shall have authority to enter into contracts
and agreements.
(Ord.
169, passed 10-4-83; Am. Ord. 175, passed 6-20-85)
§ 32.118 TRUST MONEYS, GIFTS
AND BEQUESTS.
The
Board of Trustees shall have power to receive in trust, moneys or property
by way of gifts, grants, devises or bequests for the Medical Arts Center
purposes.
(Ord.
169, passed 10-4-83)
§ 32.119 SPECIAL FUNDS.
To
the extent that the same is permitted by law, the Board of Trustees shall
have the power to establish trust and/or receive plant expansion or
replacement funds and to hold such funds in the bank or banks designated by
the Board of Trustees as official depositories of the Medical Arts Center.
(Ord.
169, passed 10-4-83)
§ 32.120 EXCESS FUNDS.
All
excess funds, that is all excess of revenues over expenses at the end of
each fiscal period not otherwise placed into allowable reserve shall be paid
over to the Tolfree Memorial Hospital for restricted use of capital related
projects.
(Ord.
169, passed 10-4-83)
§ 32.135 TITLE.
This
subchapter shall be known and may be cited as the Downtown Development
Authority Regulations.
(Ord.
154, passed 12-17-79)
§ 32.136 DEFINITIONS.
For
the purpose of this subchapter the following definitions shall apply to the
same meaning as given to them in Act 197 unless the context clearly
indicates or requires a different meaning.
AMENDMENT.
Amendment to the Tax Increment Financing and Development Plan.
AUTHORITY.
The City Downtown Development Authority created by this subchapter.
ACT
197.
Act 197 of the Public Acts of Michigan of 1975 as now in effect or
hereafter amended being M.C.L.A. §§ 125.1651 et seq.; MSA 5.3010 (1) et seq.
BOARD
or BOARD OF TRUSTEES.
The Board of Trustees of the Authority, the governing body of the
Authority.
CHIEF
EXECUTIVE OFFICER.
The Mayor of the City.
CITY.
The City of West Branch, Michigan.
DOWNTOWN DISTRICT.
The downtown district designated by this subchapter as now existing
or hereafter amended.
PLAN.
The Tax Increment Financing and
Development Plan
(Ord.
154, passed 12-17-79)
§ 32.137 DETERMINATION OF
NECESSITY.
The
City Council hereby determines that it is necessary for the best interests
of the City to halt property value deterioration and increase property tax
valuation where possible in the business district of the City, to eliminate
the causes of that deterioration and to promote economic growth by
establishing a downtown development authority pursuant to Act 197.
(Ord.
154, passed 12-17-79)
§ 32.138 CREATION OF AUTHORITY;
POWERS.
(A)
There is hereby created pursuant to Act 197 a downtown development
authority for the City. The
Authority shall be a public body corporate and shall be known and exercise
its powers under title of City 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
purpose of its incorporation as provided by this subchapter and Act 197.
The enumeration of a power in this subchapter or in Act 197 shall not
be construed as a limitation upon the general powers of the Authority.
(B)
Except as specifically otherwise provided in this subchapter, the
Authority shall have all powers provided by Act 197 as amended July 1984
subject to the limitations imposed by laws and herein.
The Authority shall have the power to impose tax increment financing
pursuant to Sections 14 through 16 of Public Act 197 as amended July 1984.
(Ord.
154, passed 12-17-79; Am. Ord. 178, passed 7-1-84)
§ 32.139 DESCRIPTION OF
DOWNTOWN DISTRICT.
The
Downtown District in which the Authority shall exercise its power as
provided by Act 197 shall consist of the following described territory in
the City, subject to such changes as may hereinafter be made pursuant to
this subchapter and Act 197:
Beginning at the southeast corner of Lot 9, Block 12, of the recorded plat
of D. Wright and Co. Addition to the City of West Branch; thence north along
the east line of said block to a point 41.0 feet north of the southeast
corner of Lot 8, Block 12, thence west to a point intersecting the southerly
line of Lot 8, thence northwesterly along Lot 8, to the southwest corner of
the alley; thence west along the south line of Lot 12, Block 12, to the
center of Second Street; thence south along said center line to a point 17.0
feet south of Lot 3, Block 3 of the recorded plat of R.H. Weidemann and Co.
Addition to the City of West Branch; thence west along said line to the west
side of the alley; thence north along the west side of alley to a point 44.0
feet north of the southeast corner of Lot 9, thence west along said line to
the centerline of Third Street; thence south along centerline to a point in
line with the north line of Lot 1, Block 2, thence west along said line to
the west side of alley; thence south along west side of alley 30.0 feet;
thence west along said line to the west right-of-way line of Fourth Street;
thence north to the northeast corner of Lot 2, Block 1; thence west along
said line to the east side of alley; thence north along the east side of
alley to the mid point of Lot 5, Block 1, thence east to a point in the
centerline of Fourth Street; thence south 57.0 feet; thence east 129.5 feet;
thence north to the line of Lot 9, thence east to the west line of alley;
thence north along west line of alley to West Branch of Rifle River; thence
northwesterly along said river to the centerline of Fourth Street, thence
south along centerline to a point eight feet south of north line of Lot 7,
Block 9, of the recorded plat of D. Wright and Co. Addition to the City of
West Branch, thence to the east right-of-way line of Fifth Street to the
northwest corner Lot 5, Block 9, thence east along the north line of Lot 5,
to a point 50.0 feet west of the right-of-way of Fourth Street; thence north
to the north line of Lot 2, Block 9, thence west to the centerline of Fifth
Street; thence south to a point in line with the north line of Block 4, of
the recorded plat of R.H. Weidemann and Co. Second Addition to the City of
West Branch; thence west to a point midway on the north line of Lot 11,
Block 3, thence north 33.0 feet; thence north 18°23'10"E
110.3 feet to the right-of-way of railroad spur; thence northwesterly along
said railroad spur to the centerline of Seventh Street; thence south along
centerline to a point 70.0 feet north of the northeast corner of Lot 1,
Block 2, of the recorded plat of R.H. Weidemann and Co. Second Addition to
the City of West Branch; thence westerly to the northeast corner of Lot 10,
Block 2; thence south along said east side of Lot 10, 37.0 feet; thence west
to the centerline of Eighth Street; thence south to the north right-of-way
of Houghton Avenue; thence west to the midpoint of Lot 2, Bock 1; thence
north 66.0 feet parallel with the east and west boundaries; thence
northwesterly to the northwest corner of Lot 2; thence north to the
northeast corner of Lot 10, Block 1; thence west to the easterly
right-of-way of M-30 extended north; thence south along said right-of-way to
the centerline of Houghton Avenue; thence east to a point in the centerline
of Eighth Street; thence south along centerline of Eighth Street to a point
intersecting with the south line of Lot 1, Block 2, of the recorded plat of
the City of West Branch; thence east to the northwest corner of said Lot 9,
Block 2; thence south along the west line to the southwest corner of said
lot thence east along the south line of Lot 9, 66.0 feet; thence north to
the southwest corner of Lot 8, Block 2, thence east to the northwest corner
of Lot 9, Block 4; thence south to the southwest corner of Lot 10, Block 4;
thence east to the centerline of Fifth Street; thence south to a point in
line with the north right-of-way of Wright Street; thence east to the
southeast corner of Lot 6, Block 7; thence north to the southwest corner of
Lot 10, Block 7; thence east to the centerline of Second Street; thence
north along centerline to a point intersecting with the south line of Lot 1,
Block 8; thence east to the southeast corner of Lot 2, Block 8; thence south
to the southwest corner of Lot 9; thence east to the southeast corner of Lot
9; thence north along First Street and the center of West Branch of the
Rifle River to the north right-of-way of Houghton Avenue; thence east to the
place of beginning.
(Ord.
154, passed 12-17-79; Am. Ord. 184, passed 11-17-86)
§ 32.140 BOARD OF TRUSTEES.
The
Authority shall be under the supervision and control of a Board of Trustees
consisting of the Chief Executive Officer of the City and eight members as
provided by Act 197. The
members shall be appointed by the Chief Executive Officer subject to
approval by the Council and shall hold office for the terms provided in Act
197. All members shall hold
office until the member's successor is appointed.
(Ord.
154, passed 12-17-79)
§ 32.141 APPOINTMENT OF
DIRECTOR; BOND.
If a
director is employed as authorized by Section 5 of Act 197, he shall post
bond in the penal sum of $5,000 as required by that section of the statutes.
(Ord.
154, passed 12-17-79)
§ 32.142 FISCAL YEAR ADOPTION
OF BUDGET.
(A)
The fiscal year of the Authority shall begin on July 1 of each year
and end on June 30 of the following year, or such other fiscal year as may
hereafter be adopted by the City.
(B)
The Board of Trustees shall annually prepare a budget and shall
submit it to the City Council on the same date that the proposed budget for
the City is required by the City Charter to be submitted to the Council.
The Board shall not finally adopt a budget for any fiscal year until
the budget has been approved by the City 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 City Council as
requested by the City Council. The Authority shall be audited annually by
the same independent auditors auditing the City and copies of the audit
report shall be filed with the Council.
(Ord.
154, passed 12-17-79)
§32.143 STATEMENT AND
RECOMMENDATION OF PLAN AND AMENDMENT
The
Authority has prepared and approved a Development Plan and TIF Plan.
The Authority recommended Council approval of the Development Plan
and TIF Plan for the Development Area in the Downtown District within the
City. The City Council held a
public hearing on October 18, 2010 on the Development Plan and TIF Plan for
the Authority’s Development Area in the Downtown District pursuant to the
Act. The purpose of the Plan is
to prevent deterioration in the business district, encourage historic
preservation, promote economic growth, and authorize the use of Tax
Increment Financing. The kCity
Council has given the taxing jurisdictions in which the Development Area is
located an opportunity to meet with the City Council and to express their
views and recommendations regarding the Plan as required by the Act.
(Ord.
03-05, passed 5-5-03; Am. Ord. 10-09, passed 11-1-2010)
§32.144 FINDINGS
(A) The development plan portion of the Plan meets the requirements set forth in section 17(2) of the Act and the tax increment financing plan portion of the Plan meets the requirements set forth in section 14 (2) of the Act.
(B)
The
proposed method of financing the development is feasible and the Authority
has ability to arrange the financing.
(C)
The
development is reasonable and necessary to carry out the purposes of the
Act.
(D)
Any
land included within the Development Area to be acquired is reasonably
necessary to carry out the purposes of the Act.
(E)
The
Plan is in reasonable accord with the master plan of the City.
(F)
Public services, such as fire and police protection and utilities, are or
will be adequate to service the Development Area.
(G)
Any
changes in zoning, streets, street levels, intersections, and utilities, to
the extent required by the Plan, are reasonably necessary for the Plan and
for the City.
(Ord.
03-05, passed 5-5-03; Am. Ord. 10-09, passed 11-1-2010)
§32.145 PUBLIC PURPOSE
The City Council hereby determines that the Plan constitutes a public purpose.
(Ord. 03-05, passed 5-5-03; Am. Ord. 10-09, passed 11-1-2010)
32.146
BEST
INTEREST OF THE PUBLIC
The
City Council hereby determines that it is in the best interests of the
public to halt property value deterioration, increase property tax
valuation, eliminate the causes of the deterioration in property values, and
to promote growth in the Downtown District to proceed with the Plan.
(Ord.
03-05, passed 5-5-03; Am. Ord. 10-09, passed 11-1-2010)
§32.147 APPROVAL AND ADOPTION
OF PLAN
The Plan is hereby approved and adopted. A copy of the Plan and all later amendments thereto shall be maintained on file in the City Clerk’s office.
(Ord.
03-05, passed 5-5-03; Am. Ord. 10-09, passed 11-1-2010)
§32.148 CONFLICT AND
SEVERABILITY
Ordinance No. 03-05 is hereby
amended by this Ordinance. All
ordinances, resolutions, and orders or parts thereof in conflict with the
provisions of the Ordinance are to the extent of such conflict hereby
repealed, and each section of the Ordinance and each subdivision of any
section thereof is hereby declared to be independent, and the finding or
holding of any section or subdivision thereof to be invalid or void shall
not be deemed or held to affect the validity of any other section or
subdivision of the Ordinance.
(Ord.
03-05, passed 5-5-03; Am. Ord. 10-09, passed 11-1-2010)
§32.149 PARAGRAPH HEADINGS
The paragraph headings in this
Section are furnished for convenience of reference only and shall not be
considered to be a part of this Section.
(Ord.
03-05, passed 5-5-03)
§32.150 PUBLICATION AND
RECORDATION
The
Ordinance (Ordinance #10-09) shall be published in summary after its
adoption in the Ogemaw County Herald, a newspaper of general circulation in
the City, qualified under State law to public legal notices, and shall be
recorded in the Ordinance book of the City, which recording shall be
authenticated by the signature of the City Clerk.
(Ord.
03-05, passed 5-5-03; Am. Ord. 10-09, passed 11-1-2010)
§32.151 EFFECTIVE DATE
The
Ordinance is hereby determined by the City Council to be necessary for the
interests of the City and shall be in full force and effect from and after
its passage and publication and as required by the City Charter.
(Ord.
03-05, passed 5-5-03; Am. Ord. 10-09, passed 11-1-2010)
CITY BOARDS AND COMMISSIONS TO BE ESTABLISHED
§ 32.155 OTHER CITY BOARDS AND COMMISSIONS.
Other
City Boards and Commissions are established by Charter or are created
pursuant to controlling state statutes.
CHAPTER 33:
PURCHASING
Section
33.01
Purchasing Agent
33.02
Purchases or Contracts Under $2,500
33.03 Purchases or Contracts Over
$2,500 and Under $10,000
33.04
Purchases or Contracts Over $10,000
33.05
Lowest Qualified Bidder
33.06
Blanket Orders
33.07
Emergency Purchases
33.08
Additional Purchases After Competitive Bidding
33.09
Sole Source Vendors
33.10
Disqualification
33.11
Cooperative Purchasing
33.12
Sale of Surplus City Property Under $2,500
33.13
Sale of Surplus City Property Over $2,500 and Under $10,000
33.14
Sale of Surplus City Property Over $10,000 and any Interest in Real
Estate
Cross-reference
Purchasing, see Charter Chapter 12
§
33.01
PURCHASING AGENT
The
City Manager or the Manager's designated representative shall act as the
Purchasing Agent of the City.
Any such designation shall be made in writing to the City Clerk.
Every purchase order shall be approved by the Purchasing Agent before
being issued. The Purchasing
Agent may adopt rules regulating requisitions and purchase orders.
(Ord.
231, passed 2-6-95)
§
33.02
PURCHASES OR CONTRACTS UNDER $2,500
Purchases of supplies, materials, equipment or services, the cost of which
is less than $2,500 may be made in the open market, but such purchases
shall, where practical, be based on at least three competitive bids and
shall be awarded to the lowest qualified bidder.
An award to a bidder other than the lowest must be explained to City
Council in writing before payment is issued.
Such bids may be solicited over the telephone, by mail or in person,
but in all cases such competitive bids shall be recorded and included in the
request for payment to the City Council and kept on file.
(Ord.
231 passes 2-6-95)
§
33.03
PURCHASES OR CONTRACTS OVER $2,500 BUT UNDER $10,000
Purchases of supplies, materials, equipment or services, the cost of which
is more than $2,500 but less than $10,000, shall be made based on three
competitive bids, solicited in the open market and approved by a majority
vote of the City Council.
Notice shall be posted on the bulletin board at City Hall at least ten days
in advance of the deadline for the submission of bids and may, at the
discretion of the Purchasing Agent, be printed in a suitable publication.
The approval of a bid by City Council is not approval to issue
payment. Payment must be approved by City Council as part of the
regular billing cycle.
(Ord.
231, passed 2-6-95)
§
33.04
PURCHASES OR CONTRACTS OVER $10,000
Purchases of supplies, materials, equipment or services, the cost of which
is more than $10,000, shall be made based on the formal solicitation of
sealed bids as set forth below.
(A) A
notice inviting bids shall be published in a suitable publication as
determined by the Purchasing Agent.
The notice shall indicate where complete specifications are available
and when and where bids will be accepted.
(B) A
notice inviting bids may be sent by mail to all vendors identified by the
Purchasing Agent as likely to be interested in bidding.
(C) Bid deposits, or bid bonds, may be required by the Purchasing Agent as evidence of good faith. Unsuccessful bidders shall be entitled to the return of any deposit made with the bid. A successful bidder shall forfeit any deposit or be subject to the calling of any bond upon failure to enter into a contract within ten days of award.
(D)
Bids shall be opened in public in the presence of the Purchasing Agent
and/or the City Clerk at the time and place specified in the notice inviting
bids. The City Clerk shall record the opening of the bids.
The record shall include the time, date and place of the bid opening,
the name and address of each bidder, the price bid by each bidder and the
names of those in attendance at the bid opening.
Bids shall be made available for public inspection immediately
following opening. All bidders
may be provided with a tabulation of bids received.
Bids received after the scheduled deadline shall be automatically
disqualified.
(E) A
bid tabulation shall be prepared by the City Clerk and submitted to the
Purchasing Agent, the City Manager and the City Council.
The City Manager may make a recommendation to the City Council to
accept or reject any or all bids at the regularly scheduled meeting of the
City Council following the bid opening.
(F)
The City Council may direct that the formal bid opening be held at a regular
meeting of the full City Council, but such direction shall be made prior to
the issuance of notice pursuant to § 33.04 (A) herein.
(G)
The City Council shall have the right to reject any or all bids, or to waive
irregularities in bidding, and to accept bids which do not conform in every
respect to bidding requirements.
(H)
Performance guarantees in the form of bond, deposit or other forms
acceptable to the Purchasing Agent shall be required on all contracts
entered into under this section.
(I)
Contracts, bonds and other legal instruments relating to purchases under
this section shall be reviewed and approved by the City Attorney.
(Ord.
231, passed 2-6-95)
§
33.05
LOWEST QUALIFIED BIDDER
The
"lowest qualified bidder" shall be the bidder submitting the lowest bid,
provided that
(A)
The bidder is not disqualified pursuant to § 33.10,
(B)
The Purchasing Agent determines that the bidder is able to provide the goods
and/or services in a timely, satisfactory manner, and
(C)
The bidder satisfies local preference criteria established by the Purchasing
Agent or the City Council.
Local preference criteria are based on a belief that local vendors
contribute positive economic benefit to the City of West Branch and her
citizens and such benefits should be formally recognized by local
authorities.
(Ord.
231, passed 2-6-95)
§
33.06
BLANKET ORDERS
Periodic purchases from a single vendor for reasons of timesavings,
availability and competitive pricing may be made using a blanket order.
The competitive pricing of such goods or services shall be reviewed
no less frequently than every 24 months.
(Ord.
231, passed 2-6-95)
§
33.07
EMERGENCY PURCHASES
In
the event of an emergency the City Manager is authorized to make purchases
of supplies, materials, equipment or services which are deemed necessary to
protect the public health, safety and welfare without complying with the
purchasing requirements set forth in this chapter.
In the event of such emergency purchases, the City Manager shall
report the details of the emergency to the City Council at the next regular
meeting.
(Ord.
231, passed 2-6-95)
§
33.08
ADDITIONAL PURCHASES AFTER COMPETITIVE BIDDING
The
Purchasing Agent may make additional purchases of supplies, materials,
equipment or services from a successful bidder provided that:
(A)
Amounts of additional purchase are at the same cost per quantity as
originally bid by the vendor, and
(B)
Amounts of additional purchase do not exceed the cost of the original
purchase, and
(C)
The purchase occurs not more than 12 months after the date of the original
purchase, and
(D)
The Purchasing Agent is reasonably certain that the same supply, material,
equipment or service is not available at a lesser cost from any source.
(Ord.
231, passed 2-6-95)
§
33.09
SOLE SOURCE VENDORS
Supplies, materials, equipment and services may be purchased without formal
bidding when the City Manager demonstrates in writing to the City Council
that there is only one practical source for the supply, material, equipment
or service.
(Ord.
231, passed 2-6-95)
§
33.10
DISQUALIFICATION
No bid shall be accepted from or contract awarded to a bidder who is in arrears to the City, who is in default on any contract with the City or who has previously demonstrated bad faith in dealings with the City.
(Ord.
231, passed 2-6-95)
Cross-reference
Purchasing, see Charter § 12.2(f)
§
33.11
COOPERATIVE PURCHASING
The
City may participate in cooperative purchasing arrangements with other
public bodies provided that the purchasing policies and practices of the
other public bodies are deemed to be fair and competitive by the Purchasing
Agent and City Manager.
(Ord.
231, passed 2-6-95)
§
33.12
SALE OF SURPLUS CITY PROPERTY UNDER $2,500
The
Purchasing Agent may sell surplus City personal property valued at less than
$2,500 upon the successful negotiation of a reasonable sale price with an
interested buyer. The
availability of property for sale valued at $250 or more shall be noticed in
a classified advertisement in a suitable publication as determined by the
Purchasing Agent. City
employees, elected or appointed officials shall not be permitted to purchase
City property unless approval is granted by City Council at a regular
meeting.
(Ord.
231, passed 2-6-95)
§
33.13
SALE OF SURPLUS CITY PROPERTY OVER $2,500 BUT UNDER $10,000
City
personal property valued over $2,500 but under $10,000 shall be made
following notice in a suitable publication as determined by the Purchasing
Agent, the posting of a notice for at least ten days on the City Hall
bulletin board and the approval of City Council at a regular meeting (except
an interest in real estate).
(Ord.
231, passed 2-6-95)
§
33.14
SALE OF CITY PROPERTY OVER $10,000 AND ANY INTEREST IN REAL ESTATE
City
personal property valued at over $10,000 and any interest in real estate,
except real estate offered for sale by the City or corporations subordinate
to the City engaged in the promotion of legitimate public interests,
including but not limited to construction or rehabilitation of affordable
housing that the State or Federal government shall either fund, have an
outstanding and unpaid mortgage on or have any interest in the affordable
housing shall be sold using the following guidelines:
(A)
Notice of sale shall be printed in a suitable publication determined by the
Purchasing Agent. Such notice
shall include a description of the property offered for sale, a time and
place for the inspection of the property, a deadline for the submission of
bids and the time and place of a public bid opening.
(B)
Bids shall be opened in public at the time and place specified in the notice
inviting bids. Bids shall be
opened in the presence of the Purchasing Agent and/or the City Clerk.
The City Clerk shall record the opening of the bids.
The record shall include the time, date and place of the bid opening,
the name and address of each bidder, the price bid by each bidder and the
names and addresses of those individuals present at the bid opening.
Bids shall be made available for public inspection immediately
following the bid opening. All
bidders shall be offered a tabulation upon request.
(C) A
bid tabulation shall be prepared by the City Clerk for submission to the
Purchasing Agent, City Manager and City Council.
The City Manager may make a recommendation to the City Council at the
regular meeting following the bid opening.
The City Council may accept or reject any or all bids in the public
interest.
(Ord.
231, passed 2-6-95; Am. Ord. 07-03, 5-21-2007)
Section
34.01
Title
34.02
Preamble and Purpose
34.03
Definitions
34.04
Class of Housing Development
34.05
Establishment of Annual Service Charge
34.06
Limitation on the Payment of Annual Service Charges
34.07
Contractual Effect of Ordinance
34.08
Payment of Service Charge
34.09
Duration
34.10
Termination
34.11
Severability
§
34.01
TITLE
This
article shall be known and cited as the White Birch Apartment LDHA Tax
Exemption Ordinance.
(Ord.
240, passed 7-15-96)
§
34.02
PREAMBLE AND PURPOSE
It is
acknowledged that it is a proper public purpose of the State of Michigan and
its political subdivisions to provide housing for its citizens of low income
and to encourage the development for such housing by providing for a service
charge in lieu of property taxes in accordance with the State Housing
Development Authority Act of 1966, being Public Act 346 of the Public Acts
of 1966 as amended, MCLA 125.1401 et seq.; MSA 116.114(l) et seq.
The
City is authorized by said act to establish or change the service charge to
be paid in lieu of taxes by any and all classes of housing exempt from
taxation under the act at any amount it chooses not to exceed the taxes that
would be paid but for the act.
It is further acknowledged that such housing for persons and families of low
income is a public necessity, and as the City will be benefited and improved
by such housing, that the encouragement of the same by providing certain
real estate tax exemptions therefore is a valid public purpose; further,
that the continuance of the provisions of this article for tax exemption and
the service charge in lieu of taxes during the periods hereinafter
contemplated are essential to the determination of economic feasibility of
the housing development which is constructed and financed in reliance
thereon.
The
City acknowledges that White Birch Apartments Limited Dividend Housing
Association, a Michigan Limited Partnership, the "sponsor", has offered
subject to the receipt of a federally aided mortgage, as that term is
defined in the act, to erect, own and operate a housing development
identified as White Birch Apartments on certain property located at 356
State Street in the City, to serve elderly persons and families of low
income and that the sponsor has offered to pay to the City on account of
said housing development an annual service charge for public services in
lieu of all taxes.
(Ord.
240, passed 7-15-96)
§
34.03
DEFINITIONS
All
terms shall be defined as set forth in the State Housing Development
Authority Act of 1966, being Public Act 346 of 1966, of the State of
Michigan, as amended, except as follows:
(A)
Authority means the Michigan State Housing Development
Authority
(B)
Act means the State Housing Development Authority Act, being
Public Act 346 of 1966, of the State of
Michigan, as amended.
(C)
Annual shelter rent means the total collection during an
agreed annual period from all occupants of a housing development
representing rent or occupancy charges.
(D)
Housing development means a development which contains a
significant element of housing for persons of low income and such elements
of other housing, commercial, recreational, industrial, communal, and
educational facilities as the authority determines improve the quality of
the development as it relates to housing for persons of low income.
(E)
Elderly means a single person who is fifty-five (55) years of
age or older or a household in which at least one (1) member is fifty-five
(55) years of age or older and all other members are fifty (50) years of age
or older.
(F)
Mortgage loan means a loan to be made by the authority to the
sponsor for the construction and/or permanent financing of the housing
development, or a federally aided mortgage as defined in Section 11(c) of
the act.
(G)
Utilities means gas, water, sanitary sewer services, and/or
electrical service which are paid by the housing development.
(H)
Sponsor means person(s) or entities which have applied to the
authority for a mortgage loan to finance a housing development.
(Ord.
240, passed 7-15-96)
§
34.04
CLASS OF HOUSING DEVELOPMENTS
It is
hereby determined that the class of housing developments to which the tax
exemption shall apply and for which a service charge shall be paid in lieu
of such taxes shall be housing developments for elderly persons and families
of low income which are finances or assisted pursuant to the act.
It is further determined that White Birch Apartments will be of this
class.
(Ord.
240, passed 7-15-96)
§
34.05
ESTABLISHMENT OF ANNUAL SERVICE CHARGE
The
housing development identified as White Birch Apartments and the property on
which it shall be situated shall be exempt from all property taxes from and
after the commencement of construction.
The City of West Branch, acknowledging that the sponsor and the
authority have established the economic feasibility of the housing
development in reliance upon the enactment and continuing effect of this
article and the qualification of the housing development for exemption from
all property taxes and a payment in lieu of taxes as established herein, and
in consideration of the sponsor's offer, subject to the receipt of a
mortgage loan or an allocation of low income housing tax credits from the
authority to construct, own, and operate said housing development, hereby
agrees to accept payment of an annual service charge for public service in
lieu of all property taxes. The
annual service charge shall be equal to 5% of rent.
(Ord.
240, passed 7-15-96)
§
34.06
LIMITATION ON THE PAYMENT OF ANNUAL SERVICE CHARGES
Notwithstanding § 34.05 the service charge to be paid each year in lieu of
taxes for any part of the housing development which is tax exempt and which
is occupied by other than low income persons or families shall be equal to
the full amount of the taxes which would be paid on that portion of the
housing development if the housing development were not tax exempt.
(Ord.
240, passed 7-15-96)
§
34.07
CONTRACTUAL EFFECT OF ORDINANCE
Notwithstanding the provisions of Section 15(a)(5) of the act to the
contrary, a contract between the City of West Branch and the sponsor to
provide tax exemption and accept payments in lieu thereof as previously
described is effectuated by the enactment of Ordinance No. 240 subject to
the provision of section 34.10, Termination.
(Ord.
240, passed 7-15-96)
§
34.08
PAYMENT OF SERVICE CHARGE
The
service charge in lieu of taxes as determined hereunder shall be paid in the
same manner as general property taxes are payable to the City of West Branch
and subject to the same interest and/or administrative fees for late
payment. The taxing authority
shall be under no obligation to submit a tax billing or statement to the
sponsor. The service charge in
lieu of taxes shall be paid in advance, with the estimated payment due and
payable by August 31 for the current calendar year.
The adjusted final payment shall be paid or the request for refund
shall be submitted on or before September 30 of the year following the year
upon which the service charge is calculated.
The sponsor shall submit with the August 31 payment the calculations
used to compute the estimated payment in the format designated by the City
Treasurer. The sponsor shall
submit with the September 30 payment (request) a statement from an
independent auditor verifying that the amounts used to compute the adjusted
final payment are correct as reported.
All payments and documents shall be received by the office of the
City Treasurer on or before the due date.
(Ord.
240, passed 7-15-96)
§
34.09
DURATION
This
ordinance [Ordinance No. 240] shall remain in effect and shall not terminate
until December 31, 2012. This
ordinance shall expire by its own terms if construction of the housing
development does not commence within one (1) year from the effective date of
this ordinance.
(Ord.
240, passed 7-15-96)
§
34.10
TERMINATION
Notwithstanding anything contained herein to the contrary, should the
sponsor fail to pay the estimated or final adjusted service charge in lieu
of taxes granted hereunder on or before August 31 or September 30,
respectively, the City Treasurer shall file a certificate of nonpayment of
the service charge in lieu of taxes, together with an affidavit of proof of
service of the certificate of nonpayment upon the sponsor of the housing
development and the authority by certified mail, with the Register of Deeds
of Ogemaw County. Following the
expiration of sixty (60) days after service upon the sponsor and the
authority of a certificate of nonpayment of the service charge in lieu of
taxes and the filing of the certificate of nonpayment, if payment has not
been made within the intervening sixty (60) days, the service charge in lieu
of taxes granted by this ordinance shall automatically be terminated,
retroactive to January 1 of that year.
(Ord.
240, passed 7-15-96)
§
34.11
SEVERABILITY
The
various sections and provisions of this ordinance shall be deemed to be
severable, and should any section or provision of this ordinance be declared
by any court of competent jurisdiction to be unconstitutional or invalid the
same shall not affect the validity of the ordinance as a whole or any
section or provision hereof other than the section or provision so declared
to be unconstitutional or invalid.
(Ord.
240, passed 7-15-96)
CHAPTER 35:
THE TRAILS AT WEST BRANCH TAX EXEMPTION
Section
35.01
Title
35.02
Preamble and Purpose
35.03
Definitions
35.04
Class of Housing Development
35.05
Establishment of Annual Service Charge
35.06
Limitation on the Payment of Annual Service Charges
35.07
Contractual Effect of Ordinance
35.08
Payment of Service Charge
35.09
Duration
35.10
Termination
35.11
Severability
§
35.01
TITLE
This
article shall be known and cited as The Trails at West Branch Apartment
Ordinance.
(Ord.
257, passed 3-1-99)
§
35.02
PREAMBLE AND PURPOSE
It is
acknowledged that it is a proper public purpose of the State of Michigan and
its political subdivisions to provide housing for its citizens of low income
and to encourage the development for such housing by providing for a service
charge in lieu of property taxes in accordance with the State Housing
Development Authority Act of 1966, being Public Act 346 of the Public Acts
of 1966 as amended, MCLA 125.1401 et seq.; MSA 116.114(l) et seq.
The
City is authorized by said act to establish or change the service charge to
be paid in lieu of taxes by any and all classes of housing exempt from
taxation under the act at any amount it chooses not to exceed the taxes that
would be paid but for the act.
It is further acknowledged that such housing for persons and families of low
income is a public necessity, and as the City will be benefited and improved
by such housing, that the encouragement of the same by providing certain
real estate tax exemptions therefore is a valid public purpose; further,
that the continuance of the provisions of this article for tax exemption and
the service charge in lieu of taxes during the periods hereinafter
contemplated are essential to the determination of economic feasibility of
the housing development which is constructed and financed in reliance
thereon.
The
City acknowledges that The Trails at West Branch Apartments has offered
subject to the receipt of a federally aided mortgage, as that term is
defined in the act, to erect, own and operate a housing development
identified as The Trails at West Branch Apartments on certain property
located at the Southern end of South Third Street in the City, to serve
elderly persons and families of low income and that the sponsor has offered
to pay to the City on account of said housing development an annual service
charge for public services in lieu of all taxes.
(Ord.
257, passed 3-1-99)
§
35.03
DEFINITIONS
All
terms shall be defined as set forth in the State Housing Development
Authority Act of 1966, being Public Act 346 of 1966, of the State of
Michigan, as amended, except as follows:
(A)
Authority means the Michigan State Housing Development
Authority
(B)
Act means the State Housing Development Authority Act, being
Public Act 346 of 1966, of the State of Michigan, as amended.
(C)
Annual shelter rent means the total collection during an
agreed annual period from all occupants of a housing development
representing rent or occupancy charges.
(D)
Housing development means a development which contains a
significant element of housing for persons of low income and such elements
of other housing, commercial, recreational, industrial, communal, and
educational facilities as the authority determines improve the quality of
the development as it relates to housing for persons of low income.
(E)
Elderly means a single person who is fifty-five (55) years of
age or older or a household in which at least one (1) member if fifty-five
(55) years of age or older and all other members are fifty (50) years of age
or older.
(F)
Mortgage loan means a loan to be made by the authority to the
sponsor for the construction and/or permanent financing of the housing
development, or a federally aided mortgage as defined in Section 11 (c) of
the act.
(G)
Utilities means gas, water, sanitary sewer services, and/or
electrical service which are paid by the housing development.
(H)
Sponsor means person(s) or entities which have applied to the
authority for a mortgage loan to finance a housing development.
(Ord.
257, passed 3-1-99)
§
35.04
CLASS OF HOUSING DEVELOPMENTS
It is
hereby determined that the class of housing developments to which the tax
exemption shall apply and for which a service charge shall be paid in lieu
of such taxes shall be housing developments for elderly persons and families
of low income which are financed or assisted pursuant to the act.
It is further determined that The Trails at West Branch Apartments
will be of this class.
(Ord.
257, passed 3-1-99)
§
35.05
ESTABLISHMENT OF ANNUAL SERVICE CHARGE
Sixty
(60) units of the housing development identified as The Trails at West
Branch Apartments and the property on which it shall be situated shall be
exempt from all property taxes from and after the commencement of
construction. The City of West Branch, acknowledging that the sponsor and
the authority have established the economic feasibility of the housing
development in reliance upon the enactment and continuing effect of this
article and the qualification of the housing development for exemption from
all property taxes and a payment in lieu of taxes as established herein, and
in consideration of the sponsor's offer, subject to the receipt of a
mortgage loan or an allocation of low income housing tax credits from the
authority to construct, own, and operate said housing development, hereby
agrees to accept payment of an annual service charge for public service in
lieu of all property taxes. The
annual service charge shall be equal to 5% of rent.
(Ord.
257, passed 3-1-99; Am. Ord. 01-02, passed 3-19-01)
§
35.06
LIMITATION ON THE PAYMENT OF ANNUAL SERVICE CHARGES
Notwithstanding § 35.05 the service charge to be paid each year in lieu of
taxes for any part of the housing development which is tax exempt and which
is occupied by other than low income persons or families shall be equal to
the full amount of the taxes which would be paid on that portion of the
housing development if the housing development were not tax exempt.
(Ord.
257, passed 3-1-99)
§
35.07
CONTRACTUAL EFFECT OF ORDINANCE
Notwithstanding the provisions of Section 15(a)(5) of the act to the
contrary, a contract between the City of West Branch and the sponsor to
provide tax exemption and accept payments in lieu thereof as previously
described is effectuated by the enactment of Ordinance No. 257 subject to
the provision of section 35.10, Termination.
(Ord.
257, passed 3-1-99)
§
35.08
PAYMENT OF SERVICE CHARGE
The
service charge in lieu of taxes as determined hereunder shall be paid in the
same manner as general property taxes are payable to the City of West Branch
and subject to the same interest and/or administrative fees for late
payment. The taxing authority
shall be under no obligation to submit a tax billing or statement to the
sponsor. The service charge in
lieu of taxes shall be paid in advance, with the estimated payment due and
payable by August 31 for the current calendar year.
The adjusted final payment shall be paid or the request for refund
shall be submitted on or before September 30 of the year following the year
upon which the service charge is calculated.
The sponsor shall submit with the August 31 payment the calculations
used to compute the estimated payment in the format designated by the City
Treasurer. The sponsor shall
submit with the September 30 payment (request) a statement from an
independent auditor verifying that the amounts used to compute the adjusted
final payment are correct as reported.
All payments and documents shall be received by the office of the
City Treasurer on or before the due date.
(Ord.
257, passed 3-1-99)
§
35.09
DURATION
This
ordinance [Ordinance No. 257] shall remain in effect and shall not terminate
until December 31, 2015. This
ordinance shall expire by its own terms if construction of the housing
development does not commence within one (1) year from the effective date of
this ordinance.
(Ord.
257, passed 3-1-99)
§
35.10
TERMINATION
Notwithstanding anything contained herein to the contrary, should the
sponsor fail to pay the estimated or final adjusted service charge in lieu
of taxes granted hereunder on or before August 31 or September 30,
respectively, the City Treasurer shall file a certificate of nonpayment of
the service charge in lieu of taxes, together with an affidavit of proof of
service of the certificate of nonpayment upon the sponsor of the housing
development and the authority by certified mail, with the Register of Deeds
of Ogemaw County. Following the
expiration of sixty (60) days after service upon the sponsor and the
authority of a certificate of nonpayment of the service charge in lieu of
taxes and the filing of the certificate of nonpayment, if payment has not
been made within the intervening sixty (60) days, the service charge in lieu
of taxes granted by this ordinance shall automatically be terminated,
retroactive to January 1 of this year.
(Ord.
257, passed 3-1-99)
§
35.11
SEVERABILITY
The
various sections and provisions of this ordinance shall be deemed to be
severable, and should any section or provision of this ordinance be declared by
any court of competent jurisdiction to be unconstitutional or invalid the same
shall not affect the validity of the ordinance as a whole or any section or
provision hereof other than the section or provision so declared to be
unconstitutional or invalid.
(Ord.
257, passed 3-1-99)