TITLE III:  ADMINISTRATION



CHAPTER 30: CITY COUNCIL

Section
30.01 Appointment to serve on Municipal Boards and Commissions

§ 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)
Editor's note:  City Council provisions are contained in Chapter 6 of the City Charter.



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32.015  -32.030 Repealed 11/20/17 by ordinance 17-03

32.031  Creation/Establishment; powers and duties
32.032 Composition/ Membership
32.033  Liasions
32.034  Training
32.035  Members/ appointment
32.036  Removal from office
32.037  Membership and Vacancies
32.038  Membership/ transition
32.039  Compensation
32.040  Meetings
32.041  Powers and Duties
32.042  Staff
32.043 Meetings/ Records
32.044 Approval/ Ratification
32.045 Officers
32.046 Rules and Records

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

§ 32.031   CREATION/ESTABLISHMENT; POWERS AND DUTIES.

There shall be a City of West Branch Planning Commission as contemplated in Section 4.20 of the City Charter, and also pursuant to P.A.  33 of 2008, as amended, being the Michigan Planning Enabling Act, M.C.L. 125.3801 et. seq., hereinafter referred to as the Commission with the powers and duties as therein set forth and as hereinafter provided.  This ordinance shall be officially known and described as the "City of West Branch Planning Commission Ordinance." Thus, the City of  West Branch  Planning  Commission  is  hereby  established  in and for the City of West Branch  such that it shall have all the powers and  duties authorized and directed  by the City Charter  and  by the Michigan  Planning  Enabling  Act 33 of 2008, as amended (MCL 125.3801 et seq. ), as well  all the powers and  duties authorized  and  directed  by the  Michigan  Zoning Enabling  Act  110 of 2006, as amended  (MCL 125.3101, et. seq.).

 Cross-reference:

                   See City Charter § 4.20

§ 32.032  COMPOSITION/MEMBERSHIP.

(A) Membership of the planning commission shall be as set forth in the City Charter, and as required pursuant to the Michigan Planning Enabling Act 33 of 2008- with the caveat that the provision in § 4.20 of the City Charter indicating that the City Manager shall serve as a member of the City Planning Commission is hereby found to be invalid by operation of law, due to the interpretation that the City Manager ' s simultaneous service as the both a City Planning Commissioner and the City's Zoning Administrator is prohibited by the Incompatible Public Offices Act, 1978 PA 566, MCL 15.181, et seq.
(B) The Commission shall consist of a total of nine members, each of whom must be individually appointed by the Mayor and subject to approval by a majority vote of the members of the City Council.
(C) The membership of the Commission shall consist of qualified electors of the City of West Branch, except that no greater than two Commission members may be individuals who are not qualified electors of the City of West Branch but are qualified electors of another local unit of government
(D) Commission members shall not hold any elected office or employment with the City of West Branch, unless such member is an ex-officio member as contemplated in section (E) below.
(E) The Commission may have up to three ex-officio members, consisting of the following individuals: at least one, but up to two, representative members of the West Branch City Council; the Mayor of the City of West Branch, if the Mayor so desires (note that the Mayor may choose to serve on the Commission either in addition to, or in place of, one of the two representative members of the West Branch City Council-provided that the total number of ex officio members never exceeds 1/3 of the total membership of the Commission).
(F) Ex-Officio members shall have the same rights, duties, powers, and responsibilities as non-ex-officio members- with the only difference being that the term of service for ex-officio members shall be the length of their corresponding term of office, as opposed to the three-year terms of office that shall generally apply to all other non-ex-officio Commission members.
(G) After an individual's appointment and before reappointment, each Commission member shall attend training for Commission members, pursuant to Section 32.034 of this Ordinance.
(H) Members shall be appointed for three-year terms. However, when first appointed a number of members shall be appointed to one-year, two-year, or three-year terms such that, as nearly as possible, the terms of 1/3 of all Commission members will expire each year. If a vacancy occurs, the vacancy shall be filled for the unexpired term in the same manner as provided for an original
appointment such that, as nearly as possible, the terms of 1/3 of all commission members continue to expire each year.
(I) The membership of this Commission shall be representative of the important segments of the community, such as the economic, governmental, educational, and social development of the City of West Branch, in accordance with the major interests as they exist in the City of West Branch, as follows:
I. one member representing the “Recreation” segment of the community;
2. one member representing the “Education” segment of the community;
3. one members representing the “Public Health” segment of the community;
4. two members representing the “Government” segment of the community;
5. one member representing the “Transportation” segment of the community;
6. one member representing the “Industry” segment of the community;
7. one member representing the “Commerce” segment of the community; and
8. one member representing the “Residential” segment of the community; for a total of nine members in all.
(J) When appointing members to this Commission, the Mayor and City Council shall attempt, whenever possible, to make the membership of this Commission proportionally representative of the important geographic and interest segments of the City of West Branch, which may consist of, for example, the various different types of zoned districts in the community.
(K) The membership of this Commission shall also be, to the extent practicable, representative of the entire geography of the City of West Branch, as a secondary consideration to the representation considerations set forth in sections 32.032(1) and (K) of this Ordinance.
(L) Commission members are required to meet the conditions provided for each individual member throughout Section 32.032 of this Ordinance, except that the geographical location considerations described in § 32.032(K) of this Ordinance may be considered optional. As such, the representation requirements and considerations set forth in this Ordinance shall be considered by Council in the following order of priority: first, § 32.032(1); second, § 32.032(J), and third, § 32.032(K).
(M) Neither the Mayor nor a representative member from the City Council shall serve as the chair of the Commission


§ 32.033  LIASIONS.

(A) The Commission, in its Bylaws, may name "liaisons" to the Commission. The purpose of liaisons is to provide certain City of West Branch and Downtown Development Authority officials ability to participate in discussion with the Commission in addition to speaking in public participation, and nothing else. At a minimum liaisons shall include:
1. City of West Branch staff involved in the planning and zoning process, including the City Zoning Administrator, as well as all Deputy Zoning Administrators.
2. The City Manager.
3. The City Attorney.
Liaisons may also include:
4. A representative from the City of West Branch Downtown Development Authority.
5. A representative from the City of West Branch Zoning Board of Appeals.


§ 32.034  TRAINING
(A) Appointed members of the Commission shall be required to attend educational programs designed for training members of Michigan planning commissions if the adopted City of West Branch budget for that fiscal year includes funds to pay for tuition, registration, and travel expenses for the training. Nothing in this paragraph shall prohibit a member who has not had training from finishing his term of office unless the member resigns or is removed by action of the City Council. However, the member shall be ineligible for reappointment at the conclusion of the term of office if they did not attend training. The Commission shall include in its Bylaws what training programs qualify to meet this requirement.

§ 32.035  MEMBERS, APPOINTMENT AND TERMS.

(A) In September of each year, the Clerk for the City of West Branch shall determine which members' terms of office expire during that fiscal year, and shall determine what organizations qualify to nominate members and shall contact, by first class mail, those organizations to solicit nominations.
(B) In October of each year, if the City Clerk has not received at least two nominations for each office, then the Clerk shall discard those applications shall place an advertisement in the newspaper or similar publication with circulation within the City of West Branch, as well as place an advertisement on the City website, informing the public of opening on the Commission and seeking additional applications .
(C) In November of each year, the City Council shall consider the applications and nominations received, and the Mayor shall make appointments to the Commission which must be confirmed by a majority vote of the City Council, for three year terms of office which shall end on November 30, at 9:00 a.m. of the respective year.


§ 32.036  REMOVAL FROM OFFICE.

(A) the City Council may remove a member of the Commission for misfeasance, malfeasance, of nonfeasance in office upon written charges and after a public hearing. Failure to disclose a potential conflict of interest shall be considered malfeasance in office. Failure to attend Commission meetings as required by the City Charter shall be considered nonfeasance in office, i.e., missing three meetings in a row or missing 25% or more of all meetings within a given fiscal year shall be considered nonfeasance in office.
(B) It shall be the duty of the Secretary of the Commission to track attendance of Commission members and also to file a written report with the City Clerk and the City Council anytime a Commission member misses three regular meetings in a row or misses 25% or more of meetings within a given fiscal year.

§ 32.037  MEMBERSHIP;VACANCIES.
(A) The Mayor and City Council shall fill any vacancy in the membership of the Commission for the unexpired terms in the same manner as the initial appointment.

§ 32.038 MEMBERSHIP;TRANSITION .

(A) The transition from the previous City of West Branch Planning Commission and the Commission established in this Ordinance shall take place as soon as practicable following the effective date of this Ordinance. The Mayor and the City Council shall appoint all members of the Commission as specified in Section 32.032(B) of this Ordinance in the first instance at the first City Council meeting held following the effective date of this Ordinance. The terms of office of the previous Planning Commission members shall terminate upon appointment of new members as specified here.
(B) All other aspects of this Ordinance shall have immediate effect.


§ 32.039  MEMBERSHIP;COMPENSATION.
(A) All members of the Commission shall serve as such with compensation equal to the amount of twenty-five dollars per meeting. Mileage and travel expenses shall only be paid in the event of attendance at a training event, in which case the twenty-five dollar per diem payment is not paid.

§ 32.040  MEETINGS.

(A) The Commission shall meet at least once every month and a majority of the Commission shall constitute a quorum for the transaction of the ordinary business of said Commission (note that attendance of ex officio members does count towards the existence or non-existence of a quorum).
(B) The affirmative vote of2/3 of the total number of seats for members of the Commission, regardless if vacancies or absences exist or not, shall be necessary for the adoption, or recommendation for adoption, of any plan or amendment to a plan.


§ 32.041  POWERS AND DUTIES 

(A) The Commission shall have their powers and duties as set forth in P.A. 33 of 2008, as amended, being the Michigan Planning Enabling Act, M.C.L. 125.3801 et seq.; and P.A. 110 of
the Public Acts of 2006, as amended, being the Michigan Zoning Enabling Act, (M.C.L. 125.3101 et seq.).
(B) Should the Board of Commissioners of Ogemaw County of Ogemaw so choose, the Commission shall be designated as a metropolitan county planning commission, pursuant to section 37(1) of P.A. 33 of 2008, as amended, being the Michigan Planning Enabling Act,
M.C.L. 125.3837(1); in which case the Planning Commission shall serve as a coordinating agency for all planning committees or commissions that are now or may be within the County of Ogemaw.
(C) The Commission shall have authority to apply for and receive grants from any government agency or the federal government and to receive gifts; provided that permission to submit grant applications has first been received by either the City Manager or the West Branch City Council.



§ 32.042  STAFF.

(A) The City of West Branch may employ a planning director and other personnel as it considers necessary, contract for the services of planning and other technicians, and incur other expenses, within a budget authorized by the West Branch City Council. This authority shall be delegated to the City Manager. The appointment of employees is subject to the same provisions of law as govern other corresponding civil employees of the local unit of government.
(B) The appointment of a planning director and/or other such employees shall be subject to the same hiring policies, provisions of law, employment policies, employee roster, employee or union contracts, if any, as govern other employees of the City of West Branch.
(C) Should the City Manager so desire, the City Manager may appoint a current City employee to serve part-time in the role of planning director, on top of their other duties, provided that said employee is duly compensated for their services as planning director.
(D) Employees that are assigned to work with the Commission shall follow the directives of the Commission in matters of planning and zoning public policy issues, but shall not be subject to Commission directives concerning employment provisions of law, employment policies, employment roster, employee or union contracts, if any.


§ 32.043 MEETINGS;RECORDS.
(A) The Commission shall adopt Bylaws for the transaction of business and the Secretary of the Commission shall keep a records of its resolutions, transactions, findings, and determinations, which records shall be a public record. The Commission shall hold not less than four regular meetings each year, and by resolution shall determine the time and place of meetings. The business that the Planning Commission may perform shall be conducted at a public meeting of the Planning Commission held in compliance with the Open Meetings Act, MCL 15.261 to 15.275.

§ 32.044  APPROVAL, RATIFICATION AND RECONFIRMATION .

(A) All official actions taken by all City of West Branch Planning Commissions preceding the Commission created by the ordinance are hereby approved, ratified, and reconfirmed. Any project, review, or process taking place at the effective date of this Ordinance shall continue with the Commission created by this Ordinance, and shall be deemed a continuation of any previous City of West Branch Planning Commission. This Ordinance shall be in full force and effect from and after its adoption and publication.
§ 32.045 OFFICERS.

(A) The Planning Commission shall elect its Chairperson and Secretary from among the appointed members and shall establish and fill such other of its offices as it may determine.
(B) The term of each officer shall be one year with eligibility for re-election as set forth in the Planning Commission bylaws.
(D) It shall be the duty of the Chairperson to lead all Commission meetings. It shall be the duty of the Secretary to record minutes for the Commission and provide them to the City Clerk in a timely matter compliant with the Michigan Open Meetings Act, as amended. It shall also be the duty of the Secretary to ensure compliance with Michigan's Freedom of Information Act in relation to any requests for minutes of the Commission.
(E) Neither the Chairperson nor the Secretary of the Commission shall be entitled to additional pay, other than the standard twenty-five dollar per meeting payment, absent a resolution of City Council authorizing such additional payment and establishing the amount of any such additional payment.

§32.046 RULES;RECORDS.
The Commission shall adopt bylaws for the transaction of business in conformity with Act 33 of the Public Acts of 2008, as amended (M.C.L.A. 125.3801 et seq.) and the Commission

Secretary shall keep a public record of its resolutions, transactions, findings and determinations. A writing prepared, owned, used, in the possession of, or retained by a planning commission in the performance of an official function shall be made available to the public in compliance with the Freedom of Information Act, MCL 15.231 to 15.246.

HOUSING COMMISSION
§ 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)


DOWNTOWN DEVELOPMENT AUTHORITY
§ 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 City 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)



CHAPTER 34:  WHITE BIRCH TAX EXEMPTION

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)



CHAPTER 36: VICTORIAN TRAIL TAX  EXEMPTION

Section
36.01  Title
3
6.02  Preamble
36.03  Definitions
36.04  Class  of Housing Developments
36.05  Establishment of Annual Service Charge
36.06  Limitation on the Payment of Annual Service Charge
36.07  Contractual Effect of Ordinance
36.08  Payment of Service Charge
36.09  Duration
36.10  Severability
36.11  Effective Date

§ 36.01  TITLE.
This Ordinance shall be known and cited as the "City of West Branch  Victorian Trail Tax Exemption Ordinance."
(Ord.05-04,  passed 9-6-05)

§ 36.02  PREAMBLE.
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 of such housing by pro­viding for a  service charge in lieu of property taxes in accordance with the State Housing  Development Authority Act of 1966 (1966 PA 346, as amend­ed, MCL 125.1401, et  seq, MSA 116.114(1), et seq).

The City of West Branch (the “City”) is authorized by this Act to establish or  change the service charge to be paid in lieu of taxes by any or all classes of  housing exempt from taxation under this Act at any amount it chooses, not to  exceed the taxes that would be paid but for this Act.  It is further acknowledged that such housing for persons of low income is  a public necessity, and as the City will be benefited and improved by such  housing, the encouragement of the same by providing certain real estate tax  exemption for such housing is a valid public purpose; further, that the  continu­ance of the provisions of this Ordinance for tax exemption and the  service charge in lieu of taxes during the period contemplated in this Ordinance  are essential to the determination of economic feasibility of housing  developments which are constructed and financed in reliance on such tax  exemption.

The City acknowledges that the West Branch Housing  Corporation (the "Sponsor") has offered, subject to receipt of a Mortgage Loan  from the Michigan State Housing Development Author­ity, to erect, own and  operate a housing development identified as Victorian Trail on certain proper­ty  located just east of South Valley Street and north of the West Branch of the  Rifle River in the City to serve elderly persons of low income, and that the  Sponsor has offered to pay the City on account of this housing development an  annual service charge for public services in lieu of all taxes.
(Ord. 05-04,  passed 9-6-05)

§ 36.03  DEFINITIONS.
(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 collections during an agreed  annual period from all occupants of a housing development represent­ing rent or  occu­pancy charges, exclusive of charges for gas, electricity, heat, or other  utili­ties furnished to the occupants.

(
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.

(
G)  UTILITIES mean fuel, water, and sanitary sewer 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. 05-04,  passed 9-6-05)

§ 36.04  CLASS OF HOUSING DEVELOPMENTS.
It is 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 Development for elderly persons and families of low income, which are  financed or assisted pursuant to the Act.  It is further determined that Victorian Trail is of this class.
(Ord. 05-04, passed  9-6-05)

§ 36.05  ESTABLISHMENT OF ANNUAL SERVICE CHARGE.
The Housing Development identified as Victorian  Trail and the property on which it shall be constructed shall be exempt from all  property taxes from and after the commencement of construc­tion.  The City, 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 Ordinance and the qualification  of the Housing Development for exemption from all property taxes and a payment  in lieu of taxes as established in this Ordinance, and in consid­eration of the  Sponsor's offer, subject to receipt of a Mortgage Loan from the Authority, to  construct, own and operate the Housing Development, agrees to accept payment of  an annual service charge for public services in lieu of all property taxes.  The annual service charge shall be equal to 0% of the difference between  the Annual Shelter Rents actually collected and Utilities.
(Ord. 05-04, passed 9-6-05)

§ 36.06  LIMITATION ON THE PAYMENT OF ANNUAL SERVICE CHARGE.
Notwithstanding  §36.05, the service charge to be paid each year in lieu of taxes for the 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.  The term "low income persons or families" as used herein shall be the  same meaning as found in Section 15(a)(7) of the Act.
(Ord. 05-04, passed 9-6-05)

§ 36.07  CONTRACTUAL EFFECT OF ORDINANCE.
Notwithstanding the provisions of section 15(a)(5)  of the Act to the con­trary, a contract between the City and the Sponsor with  the Authority as third party beneficiary under the contract, to provide tax  exemption and accept payments in lieu of taxes, as previously described, is  effectuated by enactment of this Ordinance.
(Ord. 05-04, passed 9-6-05)

§ 36.08  PAYMENT OF SERVICE CHARGE.
The annual service charge in lieu of taxes as  determined under the Ordi­nance shall be payable in the same manner as general  property taxes are payable to the City except that the annual payment shall be  paid on or before August 31 of each year.
(Ord. 05-04, passed 9-6-05)

§ 36.09  DURATION.
This Ordinance shall remain in effect and shall not terminate so long as the  Mortgage Loan remains outstanding and unpaid or the Authority has any interest  in the property; provided, that construction of the Hous­ing Development  com­mences within one year from the effective date of this Ordinance.
(Ord. 05-04, passed 9-6-05)

§ 36.10  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 of this Ordinance other than the section or provision so declared to  be unconstitutional or invalid.
(Ord. 05-04, passed 9-6-05)

§ 36.11  EFFECTIVE DATE.
This Ordinance shall become effective on September 21, 2005, or as otherwise provided in the Charter.  All ordinances or parts of ordinances in conflict with this Ordinance are  repealed to the extent of such conflict.
(Ord. 05-04, passed 9-6-05)

 

CHAPTER 37:  MAPLEWOOD MANOR TAX EXEMPTION

Section
37.01  Title
37.02  Preamble
37.03  Definitions
37.04  Class of Housing Developments
37.05  Establishment of annual Service Charge
37.06  Limitation on the Payment of Annual Service Charge
37.07  Contractual Effect of Ordinance
37.08  Payment of Service Charge
37.09  Duration
37.10  Severability
37.11  Effective Date

§ 37.01  TITLE.
This Ordinance shall be known and cited as the “City of West Branch Maplewood  Manor Tax Exemption ordinance.”
(Ord. 08-02, passed 9-22-2008)

§ 37.02  PREAMBLE.
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 of such housing by providing for a service  charge in lieu of property taxes in accordance with the State Housing  Development Authority Act of 1966 (1966 PA 346, as amended, MCL 125.1401, et  seq, MSA 116.114(1), et seq).

The City of West Branch (the “City”) is authorized by this Act to  establish or change the service charge to be paid in lieu of taxes by any or all  classes of housing exempt from taxation under this Act at any amount it chooses,  not to exceed the taxes that would be paid but for this Act.  It is further acknowledged that such housing for persons of low income is  a public necessity, and as the City will be benefited and improved by such  housing, the encouragement of the same by providing certain real estate tax  exemption for such housing is a valid public purpose; further, that the  continuance of the provisions of this Ordinance for tax exemption and the  service charge in lieu of taxes during the period contemplated in this Ordinance  are essential to the determination of economic feasibility of housing  developments which are constructed and financed in reliance on such tax  exemption.

T
he City acknowledges that the West Branch Housing Corporation (the  “Sponsor”) has offered, subject to receipt of a Mortgage Loan from the Michigan  State Housing Development Authority, to erect, own and operate a housing  development identified as Maplewood Manor on certain property located just east  of south Valley Street and north of the West Branch of the Rifle River in the  City to serve elderly persons of low income, and that the Sponsor has offered to  pay the City on account of this housing development an annual service charge for  public services in lieu of all taxes.
(Ord. 08-02, passed 9-22-2008)

§ 37.03  DEFINITIONS.
(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 collections during an agreed annual period from all occupants of a  housing development representing rent or occupancy charges, exclusive of charges  for gas, electricity, heat, or other utilities furnished to the occupants.

(
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.

(
G)  UTILITIES mean fuel,  water, and sanitary sewer services, 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. 08-02, passed 9-22-2008)

§ 37.04  CLASS OF HOUSING DEVELOPMENTS.
It is 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 Development for elderly persons and families of low  income, which are financed or assisted pursuant to the Act.  It is further determined that Maplewood Manor is of this class.
(Ord. 08-02, passed 9-22-2008)

§ 37.05  ESTABLISHMENT OF ANNUAL SERVICE CHARGE.
The Housing Development identified as Maplewood manor and the property on which  it is constructed shall be exempt from all property taxes from and after the  commencement of rehabilitation construction.  The City, 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 Ordinance and the qualification of  the Housing Development for exemption from all property taxes and a payment in  lieu of taxes as established in this Ordinance, and in consideration of the  Sponsor’s offer, subject to receipt of a Mortgage Loan from the Authority, to  remodel, own and operate the Housing Development, agrees to accept payment of an  annual service charge for public services in lieu of all property taxes.  The annual service charge shall be equal to 0% of the difference between  the Annual Shelter Rents actually collected and Utilities.
(Ord. 08-02, passed 9-22-2008)

§ 37.06  LIMITATION ON THE PAYMENT OF ANNUAL SERVICE CHARGE.
Notwithstanding §37.05, the service charge to be paid each year in lieu of taxes  for the 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.

The term “low income persons or families” as used herein shall be the  same meaning as found in Section 15(a)(7) of the Act.
(Ord. 08-02, passed 9-22-2008)

§ 37.07  CONTRACTUAL EFFECT OF ORDINANCE.
Notwithstanding the provisions of Section 15 (a)(5) of the Act to the contrary,  a contract between the City and the Sponsor with the Authority as third party  beneficiary under the contract, to provide tax exemption and accept payments in  lieu of taxes, as previously described, is effectuated by enactment of the  Ordinance.
(Ord. 08-02, passed 9-22-2008)

§ 37.08  PAYMENT OF SERVICE CHARGE.
The annual service charge in lieu of taxes as determined under the  Ordinance shall be payable in the same manner as general property taxes are  payable to the City except that the annual payment shall be paid on or before  August 31 of each year.
(Ord. 08-02, passed 9-22-2008)

§ 37.09  DURATION.
This Ordinance shall remain in effect and shall not terminate so long as the  Mortgage Loan remains outstanding and unpaid or the Authority has any interest  in the property; provided, that construction of the Housing Development  commences within one year from the effective date of this Ordinance.
(Ord. 08-02, passed 9-22-2008)

§ 37.10  SEVERABILITY.
T
he 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 facility of the Ordinance as a whole or any section or  provision of this Ordinance other than the section or provision so declared to  be unconstitutional or invalid.
(Ord. 08-02, passed 9-22-2008)

§ 37.11  EFFECTIVE DATE.
This Ordinance shall become effective on October 7, 2008, or as otherwise  provided in the Charter.  All  ordinances or parts of ordinances in conflict with this Ordinance are repealed  to the extent of such conflict.
(Ord. 08-02, passed 9-22-2008)