HomeMy WebLinkAboutResolutions - 1999.01.05 - 25739MISCELLANEOUS RESOLUTION # 99001
BY: Sue Ann Douglas, District #8
IN RE: NOTICE TO LYON TOWNSHIP THAT OAKLAND COUNTY EXEMPTS ITS AD VALOREM
PROPERTY TAXES FROM CAPTURE FOR THEIR PROPOSED DOWNTOWN DEVELOPMENT AUTHORITY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS P.A. 1975, No. 197, provides for the establishment of Downtown
Development Authorities(DDA); and
WHEREAS pursuant to statute, a municipality may create a DDA Authority when
it has determined that "it is necessary for the best interests of the public to
halt property value deterioration and increase property tax valuation where
possible in its business district..."
WHEREAS the Oakland County Treasurer was notified by the Charter Township
of Lyon of their intent to establish a Downtown Development Authority; and
WHEREAS a public hearing was held on November 19, 1998 in the Charter
Township of Lyon Hall to consider the adoption of a proposed ordinance to
establish a DDA; and
WHEREAS pursuant to M.C.L.A 125.1653(3) a governing body of a taxing
jurisdiction levying ad valorem property taxes that would otherwise be subject
to capture, may exempt its taxes from capture by adopting a resolution to that
effect and filing a copy with the clerk of the municipality proposing to create
the authority, not more than 60 days after a public hearing on the adoption of
the proposed ordinance creating an authority; and
WHEREAS, Miscellaneous Resolution #97-157 establishes a policy that
requires the capture and return of County taxes be the same as the capture and
return of the lowest level of participation of other jurisdictions' taxes in each
Downtown Development Authority(D.D.A), Tax Incremental Finance Authority
(T.I.F.A.), and Local Development Finance Authority (L.D.F.A), Miscellaneous
Resolution #97-157 also allows for exceptions to the policy upon a majority vote
of the Oakland County Board of Commissioners.
NOW THEREFORE BE IT RESOLVED that Oakland County exempts its ad valorem
property taxes from capture by .SZOI416. Lyon Township for its proposed Downtown
Development Authority (boundaries of the proposed DDA are attached).
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
clerk of the Charter Township of Lyon.
Chairperson, I move the adoption of the foregoing resolution.
MISCELLANEOUS RESOLUTION #97157
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: TREASURER - D.D.A./T.I.F.A./L.D.F.A. POLICY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #90144 authorized the County Treasurer to
represent the County's interest with Downtown Development Authorities (D.D.A.),
Tax Increment Finance Authorities (T.I.F.A.) and Local Development Finance
Authorities (L.D.F.A.); and
WHEREAS recent changes in the General Property Tax Law have made it
necessary to better define the County's position related to the capture of County
tax dollars.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
requires the capture and return of County taxes be the same as the capture and
return of the lowest level of participation of other jurisdictions' taxes in each
Downtown Development Authority (D.D.A.), Tax Increment Finance Authority
(T.T.F.A.) and Local Development Finance Authority (L.D.F.A.).
BE IT FURTHER RESOLVED that exceptions to the policy may be granted upon
a majority vote of the Oakland County Board of Commissioners.
BE IT FURTHER RESOLVED that a copy of this resolution be sent to all
Downtown Development Authorities (D.D.A.), Tax Increment Finance Authorities
(I.I.F.A.) and Local Development Finance Authorities (L.D.F.A.).
Chairperson, on behalf of the Finance and Personnel Committee, I move the
adoption of the foregoing resolution.
FINANCE AND PERSONNEL COMMITTEE
P. 05/10
t•-•-• 7.13 ULLK:Nt.7.1..,N 6,11--.:20 1-1.itl 1:3 J?t7W 1U J1.24134.J.:.6
EXE113 rr A
Proposed Downtown Development Authority Boundaries
Land in the Chnner Township of Lyoz, Oakland County. Kchigan, bounded by the northerly line
of Interstate 96(1-96) right-of-way on the north, the centerline of Napier Read on the east, the
southerly Line of the Twelve Mile Road tight-of-way on the south, and the centerline of Milford
Road on the west; also including land north of1-96 in Section 3, bounded by the north boundary of
the Township an the north, the north-south quarter line of Section 3 and the northwesterly edge of
the Pontiac Trail right-of-way on the east, the northerly line of1-96 right-of-way on the south, and
the centerline of Milford Road on the west; also including all land in Sections 4 and 5 lying nerds
of the southerly right-of-way line of Grand River Avenue and west of the centerline of Milford
Road; also including land in Section 4, bounded by the southerly right-of-way line of Grand River
Avenue on the wardi, the centerline of Milford Road on the =.st, the south line of Section 4 on the
south, and a lint described as follows on the west: beginning at a point on '.he South line of said
Secdon 4 (said point located North 8919'37" East. 1236.90 feet, from the Southwest Corner of said
Section 4); thence North 00°57'06" West, 327.90 feet; thence South 81'56'36 West, 376.40 feet;
thence North 00'24'43" West, 21431 feet; thence South 89'5812" East, 39.83 feet; thence North
00146'42 West, 831.44 feet; South 8949'54" West, 25417 feet; thence North 00'13.53" East, 525.89
feet; tb.=ce South 89'17'54" West, 56.86 feet; thence North 00°56'37" East, 787.80 feet, to a point
on the East and West 1/4 line of said Section 4; thence South 89°42'04 - West, 606.82 feet, along the
East and West 1/4 line of said Section 4; thence North 00'07'02" East along an extension of and the
Easterly line of 'Wilson Estates", (recnrded as North 00'38'13" East). as recorded in Liber 156 of
Plats, an Pages 9 and 10, Oakland County Rteords to a point on the southerly tight-of-way line of
Grand River Avenue; also iechnting land in Section 9, bounded by the northwesterly line of the
Lakeland Trail State Park (former Grar..d Trunk Railroad) on the west, the centerline of Milford Road
on the cast, and the south line of Section 9 on the south; also including land in Section 5 bounded
by the southerly line of the Grand River Avenue right-of-way on the north, the north-south
qu.arterlinc of Section 5 on the east, the cast-west quarter line of Section 5 on the south, and the west
line of Section 5 on the west; also including the following described parcels of land:
Parcel 2 t-06-476-002
Part of the cast 1/2 of Section 6, beginning at a point North 89°5420' West 1,318.43 fn and North
1,330.52 feet from the southeast corn= of Section 6; thence. South 89 °56'37" East 1,333.20 feet;
thence North 00°38'09" East 1,331.45 feet to the East 1/4 corner, thence North 00 °11'36" East 662.60
feet; thence South 89 °47'55" West 679.67 feet; thence South 61°47'10" West 760.96 feet; thence
South 1,630.51 feet to the point of beginning.
parcel 21-06-276-001
Part of the Northeast 114 of Section. 6, beginning at a point North 89°54'20" West 1,318.43 feet and
North 2,961.03 feet from the Southeast corner of Section 6; thence North 61 °4710" East 760.96 feet;
thence North 8944755" 679.67 fect; thence North 00°1 l'36"East to the Southerly line of the 1-96
Highway: thence Westerly along the South line of 1-96 to the Southerly line of Kensington Lake
Road; thence Southwesterly along the Southerly line of Kensington Lake Road to the centerline of
Kent Lake Road, thence South along the centerline of Kent Lake Road to the point of beginning.
SEP at '98 14:12 FR DICKimSCN WRICHT-D6T 313 223 359S P3 912464372336 P.67,10
Pared 2146-400401 -S.trtiaten Coaurtuaity Sdiao
7 PART OF 1HE EAST 1/2 OF SECIICN 6. T. 1 N., R. 7 E. LTC". TOreVIP.
C4XLA146 COusTr. s4iO4tCAr4 MORE PAMICULARLY DOOMED AS:
l'ECDP44NC AT A Kin DISTANT H. 531410- W. 1.312.43 ' ALONG Trq.
SCUM WE or uCTIC4 6 ASO CENTERUNC OF SLYER LAKE ROAD NI PUT W()
Ar40 (NORTH. =ono) P4, 00-02011- Z. MEASURED 661.31 FEET ALONG THE
ociroupe or geir LAKE ROAD Of FEET %IDE) FROm THE SOUINEAST =Rea OF
SAIO UCTION 6; THENCE FROM SAO PONT OF DECINNING (N. 10'4010- W.
RECORD) N. 2033.21- W. MEASURED 930.00 nET: 1)1644CE S. 00132135" E.
t,320.00 FEET: 'MINCE N. 2612.47: W. 250.69 nu: IHENcE ri.
ssirro- E. 4043J00 ru-n THENCE S. Z1247 E. 360.01 ren'Ttemcz • S. 39-3753'. E. 230.00 FEET: THENCE N. 7•03"31 - E. 246.88 FM;
MENCE (SOM. RECORD) S. 00-0208- W. 1,635.00 FEET ALONG SA40 KENT
LAKE ROAD CINTEAUNE -TO THE 00iNT OF BECitiFitNC CONTAINttiC 33.26 ACRES
LINO. BEM SUBJECT TO Ea:NESTS At40 1r,STMC710445 OF RECORD AND THE
RICA1TS Of THE PUSUC OR JON COVERNUENTAL AENCES OVER KEW:. LAKE ROAD.
iiirracrsianz 00406 less theSouth Lutgui•v ac.aCta
SEP 04 'se 14:12 FR DICKINSON WRIGNT-DiT 313 223359.6 TO 9124 -84372336 p.ailnia
6-300-Ens ga
PARTs Of Thera. 1/4, SE:1/4 A.NI3 S.w. 1/4 SECTION 6. t t Ft. 7 E..
1OWNS,12. CIAXL.ANCI COUNTY. =WAN uCRE PAKIXuLARs..Y MOWED AS:
SEZIMNING AT A nen' CESTAMT 14. 5734.20r 1.113.43 fEET ALONG THE
SOUTH LINE cF SECTION S AND amok:tit OF MYER LAKE RoAD (66 FEET wt0E)
Arso (mcw71.4) RECC1RO. ccrazas- E. MEASURED 451.31 FEET AL000 THE cri4r-taut4E CF 0.1.• iT LiptE ROAO (66 FEET MOO ANO 5t740"30" w.)
RECoRD. N. 0-39"21 - W. mEASURED 930.00 FEET FROM TRE scuimEjevr coRpu
Or SA40 VC110/4 6; THEna rittou SAKI POINT OF BEG/PINVID 4.W3927 - w.
176.43 MT: THL'ICE (S. 73-36.00- W.) RECORD, S. 73-36-33- w.
MEASURED 627.00 FUT: 'THEHEE S. 11330'3Q- te. 1,072.50 PM THENCE txr26.3o- (1.767.711 FEET) Mo0RO. 1.761.97 FEET 4CALCULATZD) ALONG
THE WEST UHE Of SAID SECTIOtn 6 ANO TO1NS14IP LINE CURRENTLY NOT
ESTABLISHED: Thrs4a S. arislr E. (720.03 FUT) RECORD. 713.34 FEET
(CALCULATED): Trie4CE (N. 63`0733* E 2.386.26 FEET) RECORD. N.
63`0713- E. 2.366.20 MT MEASURED TO THE vautsEcnori OF 'THE HOPETH
LIHE OF KENSticTOH ROA, INITH Te.r. ceriMILINE of- Mir LAKE Re#43 CAB
MONMENT-0); 'NOCE (SOUTH) RECORD. S. 00132.013. W. MEASURED 694.62 rr THE4CE -5.7310351 W. 24649 MT: 1147_,NCE M. ET5732"
290.00 Far: 114EMS 14. 26-52•4r W. 360.01 cr".47: TNENCE S. 5xorr3-
W. 40400 FEET: ThENcx S. 26-32'47 C. 250.69 FEET: THENCE S.
00-02'06" W 1.320.00 crrl. TO THE KW Or DECINN1NO CONTAlt4i00
AcREs or L. sAlo vttzT LIN(OF SECTICP4 S evic StJaXCT TO SUAvr.r. AL3o.
sisF.iwons MO RESTRICTIONS CF RECORD ANO THE MOOS CC THE PUBLIC OR ANY
GOvERro4OVAL AGENCY omER KEST LAKE ROAD.
3
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tgla Number al Parcels: 558
l'olat Acreage: 3484.12 ac.
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MIMUSIVER?" '
Charier Township of Lyon, Oakland County, Michiga ri
§71711711EMEMPA.,,EMEM.11311MV
MIsr•i;,,T.T110
•tososed Downtown Develo •ment Authoril Boundaries
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DEC-16-98 WED 12:35 CITY OF SOUTH LYON FAX Np, 13134860049 P.01
RE CEN.FD
NOV 04 1998
CHARTER TOWNSHIP OP LYON
PATRICK M. DOH ANY
CHEF DEPuTY TREASuRER
OAKLAND COUNTY TREASURER
1200 N. TELEGRAPH RD.. DEPT. 479
PONTIAC. MI 48341-0479
C. HuGH DOHANy
COUNTY TREASURER
November 2, 1998
Pamela Johnson, Clerk
Charter Township of Lyon
68000 Grand River
New Hudson M148165
Dear Ms. Johnson:
I am in receipt of your letter in regards to the Formation of a Downtown
Development Authority (DDA) for the Charter Township of Lyon. Oakland County
Board Miscellaneous Resolutions #90144 and #97157 (attached) authorize my
office to represent the County's interests in this matter. Please continue to
forward any future correspondence directly to me.
To that end, we have reviewed the information provided and have no objection to
the creation of the district. We will, however, Insist that any consideration given to
any of the other taxing jurisdictions from which any project plan has the right to
capture revenue, be also given to the County of Oakland. Example - should the
DOA choose to 'share" 25% of captured township millage with the township, then
the County would Insist that 25% of the County millage be shared with the County.
We appreciate the opportunity to be a part of the economic development of the
Lyon Township and Wish you much success in this effort.
Sincere!
C, H Dohany
Oakland County Treasurer
CH D/kg
Enc.
OFPIct (2481858-0623 FAX (248185A-1i:110
June 28, 1990
MISCELLANEOUS RESOLUTION # 90144
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: TREASURER'S OFFICE-AUTHORIZATION FOR COUNTY TREASURER TO REPRESENT
COUNTY WITH LOCAL DOWNTOWN DEVELOPMENT AUTHORITIES (D.D.A.), TAX
INCREMENT FINANCE AUTHORITIES (T.I.F.A.) AND LOCAL DEVELOPMENT FINANCE
AUTHORITIES (L.D,F.A.)
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS no representative from the County represents the County at meetings of local Downtown
Development Authorities (D.D.A.), Tax Increment Finance Authorities (T.I.F.A.) and Local Development
Finance Authorities (L.D.F.A.); and
WHEREAS the County is losing millions of dollars in current and future tax revenue because no agreements
are made on the County's behalf with local D.D.A., T.I.F.A. and L.D.F.A. authorities;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
County Treasurer's office to represent the County's interest with all local Downtown Development
Authorities (D.D.A.), Tax Increment Finance Authorities (T.I.F.A.) and Local Development Authorities
(L.D.F.A.) within the County.
BE IT FURTHER RESOLVED that any proposed agreements or requests for legal action recommended by
the County Treasurer concerning any local D.D.A., T.I.F.A. and L.D.F.A. authorities be brought to the
Board of Commissioners for their approval.
BE IT FURTHER RESOLVED that all notices received by any County Official or Department be referred to
the County Treasurer.
BE IT FURTHER RESOLVED that a copy of this resolution be sent to all Elected Officials and County
Department Heads.
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Resolution # 90144 June 28, 1990
Moved by Caddell supported by Richard Kuhn the resolution be adopted.
AYES: Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge,
Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Gosling,
Huntoon, Jensen, Johnson, R. Kuhn. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Proposed Downtovm Development Authority for Lyon Township
SOURCE Want Imola% Ire.
Thum* Nevembm 211, 19911-THE SOUTH LYON HENA1D-5A
DDA proceeds over objections
CD ›-
E-
Cfr
Li
Cr/
missiohed Ann Arbor E-
Neate this quilt that
-South Lyon District
nod In 1914 by Miss
t-- long before television
(,) swappers and rnaga-
,Kb was responsible for
g=t• histories have been
LA1pr the years, club mem-
cc, lumbers, librarians,
Tay. Half of the mem-
erase Shorn (right)
cl_) Wed donations by
'Amy Bergin, Mang Berz,
es, Eleanor Donley,
I (tome/rim, SPrA rtpl*A
By Doug FANis
Despite the airing of criticism
and questions. the Lyon 'Ttnwriship
Board unantmontsly approved on
Nov. 19 the first reading of an
ordinance, one
Grand River
Avenue. the DIM will capture
Increased revenues from escalat-
ing property values. DIM bound-
aries are from 1-96 to the north.
Twelve Mile Road to the south.
Napier to the east. and the Huron
Valley Trail to the west. It will
comprise more than a thin/ but
less than half of the township.
The DDA will be administered by
an authority to include the town-
ship supervisor and eight other
members appointed by the super-
visor and approved by the board.
While the DIM will not lead to an
immediate tax increase because
increased revenues wn1 come from
the same millage, hithigart DOAs
can levy up to 2 mills for adminis-
tration. DIM revenues come from
I county and community colleges
from summer taxes and no longer
include school taxes.
t Introduction of the DDA, to
include 3,500 acres with 1,000
zoned industrial, was not warmly
received by township residents at
the public hearing.
"Why bring that area down to
Twelve Mile Road?" said one resi-
dent in the nearly filled room at
the Lyon Township Municipal
Center. "Why not keep it around
Grand River Avenue? My property
value won't increase if an industry
starts next door."
A resident who moved to the
area a year ago said he wanted the
township to retain its rural atmo-
sphere.
It's not rezoning. Its a financing
situation so money doesn't go to
Pontiac." Paul Pransway, a
trustee, responded.
Another trustee, Tim Reed, saki.
that a joint board and planning
commission meeting on Dec. 3 is a
good venue to address zoning con-
MTN.
"We fought a major anneimtion
battle with the City of IVO= and,
believe me. it'd be a lot more
industrial if that had happened:
Reed said.
The main purpose of the DDA is
to fund the sanitary sewer on
Grand River Avenue by linking it
to Park Place Environmental an
Ten Mile Road and not to industri-
alize the northern part of Lyon
Township. Reed said.
Since the legislature allowed
eines, townships, and villages to
establish the funding mechanism
In 1975 over 275 municipalities
have established DDAs
Submitted Photo
sammaavaars step from final
approval, for Its
Downtown Devel-
opment Authotity.
Ostensibly to
fund a sanitary
lables amo sewer along East TiMilsaff
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DEC-16-98 WED 12:36. • CITY OF SOUTH LYON FAX. NO 19134860049 P, 02
MIPS 2.40911111110411011PARWRIMPOrillgiliffit 1.4.mmlom • .nn••
RECEIVED DATE : 01/04/99 12:20 FROM :
125.1651a PLANNING, HOUSING, AND ZONING
(I)) That government programs are desirable and necessary to eliminate the
causes of property value deterioration thereby benefiting the economic growth
of the state.
(c) That it is appropriate to finance these government programs by means
available to the state and local units of government in the state, including tax
increment financing.
(d) That tax increment financing is a government financing program that
contributes to economic growth and development by dedicating a portion of the
increase in the tax base resulting from economic growth and development to
facilities, structures, or improvements within a development area thereby
facilitating economic growth and development.
(e) That it is necessary for the legislature to exercise its power to legislate tax
increment financing as authorized in this act and in the exercise of this power
to mandate the transfer of tax increment revenues by city, village, township,
school district, and county treasurers to authorities created under this act in
order to effectuate the legislative government programs to eliminate property
value deterioration and to promote economic growth.
(1) That halting property value deterioration and promoting economic growth
in the state are essential governmental film-nous and constitute essential public
pu rposes.
(g) That economic development strengthens the tax base upon which local
units of government rely and that government programs to eliminate property
value deterioration benefit local units of government and are for the use of the
local units of government.
(h) That the provisions of this act are enacted to provide a means for local
units of government to eliminate property value deterioration and to promote
economic growth in the communities served by those local units of government_
I' A 1975, No 197, 1 a, added by P.A.1988, No. 425, I, Imd. 111. Dcc. 27. 1988.
Historical and
I' A 1988, NU 425. § 2. provides -
-Ibis amenclators act is effective beginning
svith taxes levied in 1989. However, lot taxes
les ied before 1989, las increment revenues
based on the definition of initial assessed value
125.1652. Establishment and powers; property includable; public corpo-
rate body
Sec. 2. (I) Except as otherwise provided in this subsection, a municipality
may establish I authority. If, before November I, 1985, a municipality estab-
lishes more than I authority, those authorities may continue to exist as separate
authorities. Under the conditions described in section 3a,' a municipality may
have more than I authority within that municipality's boundaries. A parcel of
property shall not be included in more than I authority created by this act.
(2) An authority shall be a public body corporate which may sue and be sued
in any court of this state. An authority possesse,$)II the powers necessary to
276
DOWNTOWN DEVELOPMENT AUTHORITY 125.1653
carry out the purpose of ats incorporation. The enumeration of a power in this
act shall not be constnied as a limitation upon the general powers of an
authority.
Amended by P.A.1985. No. 159. § I. Imd. Eff. Not'. 15. 1985.
I Section 125.1653a.
Historical and Statutory Notes
-A municipality may establish an authority.
ED Aug 13, No parcel of property shall he included in more than I authority created by this at I.
The 1985 amendment, also, in subset (21.
rewrote subset: W. substituted ''an authm mt for -the authority" t. throughout.
Library References
Municipal Cot potations e=3.
WESTLAW Topic No 268,
C.J.S. Municipal Corporations 8
r125.1653.
(
Statutory Notes
ovided for in this amendatory act that were
let eivcd hv an authority are validated
A 1988. No 425, was ordered to take imme-
diate effect, and was approved Detember 24.
1988 and filed December 27, 1988
Source:
P.A.1975. No. 197. 2, bind
1975
('1.1970,8 125.1662.
The 1985 amendment
which prior thereto read:
Procedure for creating authority; downtown district boundary
changes
Sec. 3. (I) When the governing body of a municipality determines that it is
necessary for the best interests of the public to halt property value deterioration
and increase property tax valuation where possible in its business district, to
eliminate the causes of that deterioration, and to promote economic growth, the
governing body may, by resolution, declare its intention to create and provide
for the operation of an authority.
(2) In the resolution of intent, the governing body shalt set a date for the
holding of a public hearing on the adoption of a proposed ordinance creating
the authority and designating the boundaries of the downtown district. Notice
of the public hearing shall be published twice in a newspaper of general'
circulation in the municipality, not less than 20 or more than 40 days before the
date of the hearing. Not less than 20 days before the hearing, the governing
body proposing to create the authority shall also mail notice of the hearing to
the property taxpayers of record in the proposed district and for a public
hearing to be held after February 15, 1994 to the governing body of each taxing
jurisdiction levying taxes that would be subject to capture if the authority is
established and a tax increment financing plan is approved. Failure of a
property taxpayer to receive the notice shall not invalidate these proceedings.
Notice of the hearing shall be posted in at least 20 conspicuous and public
places in the proposed downtown district not less than 20 days before the
hearing. The notice shall state the date, time, and place of the hearing, and
shall describe the boundaries of the proposed downtown district. A citizen,
taxpayer, or property owner of the municipality or an official from a taxing
jurisdiction with millage that would be subject to capture has the right to be
heard in regard to the establishment of the authority and the boundaries of the
proposed downtown district. The governing body of the municipality shall not
incorporate land into the downtown district not included in the description
277
Notes of Decisions
deterioration in value of a significant number of
parcels in the downtown district within which
the authority is to exercise its powers. Op.Atty.
Gen 1989. No. 6558. p. 8.
278
construcnon and application I
1. Construction and application
A municipality may establish a downtown de-
velopment authority upon a factual finding of a
125.1653 PLANNING, HOUSING, AND ZONING
,
contained in the notice of public hearing, but it may eliminate described lands
from the downtown district in the final determination of the boundaries.
(3) Not more than 60 days after a public hearing held after February 15,
1994, the governing body of a taxing jurisdiction levying ad valorem property
taxes that would otherwise be subject to capture may exempt its taxes from
i capture by adopting a resolution to that effect and filing a copy with the clerk of
the municipality proposing to create the authority. The resolution takes effect ,
when filed with that clerk and remains effective until a copy of a resolution
rescinding that resolution is filed with that clerk.
(4) Not less than 60 days after the public hearing, if the governing body of
the municipality intends to proceed with the establishment of the authority, it
shall adopt, by majority vote of its members, an ordinance establishing the
authority and designating the boundaries of the downtown district within
which the authority shall exercise its powers. The adoption of the ordinance is
subject to any applicable statutory or charter provisions in respect to the
approval or disapproval by the chief executive or other officer of the municipal-
ity and the adoption of an ordinance mei his veto. This ordinance shall be
filed with the secretary of state promptly after its adoption and shall be
pliblished at least once in a newspaper cif general circulation in the numicipali-
iv.
L (5) The governing body of the municipality may alter or amend the bound-
:tries of the downtown district to include or exclude lands from the downtown
dish ici pursuant to the same remiirements for adopting the ordinance creating
the authority.
Amended by PA. 1993. No 421, § I. Elf Mat cli 15, 1994
Source:
I' A 1 075, No IQ7, § 5, mid Eli Aug 11,
1975
I. 1970, 4 VS 16S(
I he 1995 amendment, in subset. (I). deleted
-of that municipality" following -Invly-: in
subsec (2). in the second sentence substituted
"or more" for "nor more", rewrote the third
sentence, which prior thereto read. "Notice
shall also he mailed to the property taypavers of
I et ilia in the proposed district not less than 20
(1;1%.; before the hearing ". in the fourth sentence
inserted "of a properl y taxpayer", in the seventh
DOWNTOWN DEVELOPMENT AUTHORITY 125.1653b
125.1653a. Annexation or consolidation of downtown district: effect
Sec. 3a. if a downtown district is part of an area annexed to or consolidat-
ed with another municipality, the authority managing that district shall become
an authority of the annexing or consolidated municipality. Obligations of that
authority incurred under a development or tax increment plan, agreements
related to a development or tax increment plan, and bonds issued under this act
shall remain in effect following the annexation or consolidation.
P.A.1975. No. 197. § 3a. added by P.A.1985, No. 159, § 1, lmd. Elf. Nov. 15. 1985.
125.1653b. Ordinances; ratification, notice, application, filing, resolutiotp .,
Sec. 3b. (1) An ordinance enacted by a municipality that has a population
of less than 50,000 establishing an authority, creating a district, or approving a
development plan or tax increment financing plan, or an amendment to an
authority, district, or plan, and all actions taken under that ordinance, includ-
ing the issuance of bonds. are ratified and validated notwithstanding that notice
for the public hearing on the establishment of the authority, creation of the
district, or approval of the development plan or tax increment financing plan,
or on the amendment, was not published, posted, or mailed at least 20 days
before the hearing, if the notice was published or posted at least 15 days before
the hearing or the authority was established in 1984 by a village that filed the
ordinance with the secretary of state not later than March, 1986. This section
applies only to an ordinance adopted by a municipality before February 1,
1991, and shall include any bonds or amounts to be used by the authority to
pay the principal of and interest on bonds that have been issued or that are to
be issued by the authority, the incorporating mimicipality. or a county on behalf
of the incorporating municipality. An authority for which an ordinance or
amendment to the ordinance establishing the authority has been published
before February 1. 1991 is considered for purposes of section 3(4) ' to have
promptly filed the ordinance Cir amendment to the ordinance with the secretars.
of state if the ordinance or amendment to the ordinance is filed with the
secretary of state before October 1, 1991. As used in this section, "notice was
published" means publication of the notice occurred at least once.
(2) A development plan and tax increment financing plan approved by a
resolution adopted by the village council of a village having a population of less
than 3.000 before June 15, 1988 rather than by adoption of an ordinance is
ratified and validated, if an amendment to the plans was adopted by the village
council in compliance with sections 18 and 19.2
PA. i97, No 197. § lb, added hy 1..A.1989. No. 242. f.1 I, Imt1 Eft I>c( 21. 1989
Amended bv P.A.1991, No. Mi. § I, Imd Elf. July 3. 1991; PA 1993, No 42, 1:1I. Irmi
Elf. May 27. 1991, PA. 1993, No. 323. § t. Elf. Mardi 15, 1994
Section 125 1651
2 SectiOn's 125 I eitsll and 125 1669.
Historical and Statutory Notes
The 1991 amendment, in the first sentence 1084 by a village that filed the ordinance with
added -or that the authority was established in the secretary of state not later than March.
279
Historical and Statutory Notes Historical and Statutory Notes
sentence inserted -or an official from a lasing
jurisdiction with millage that would he subject
to capture", and in the eighth sentence inserted
"the" preceding "notice". inserted stihsec. (3):
Oar, iltIlTleti former SitITcrcs I I) and 141 as sulb-
Si, c (4) and (5), respectively: in subset. (4), in
the first sentence inserted "Nor less than 60
davs"; and, in subsec. (5). substituted -pursu-
ant in" for "in accordance with -, and deleted
"pi escribed" following 'requirements'
Fop contingent effect provisions of P A 1993,
Nil 525, see the Historical and Statutory Notes
following 4 125 1651.
Resolution #99001 January 5, 1998
Moved by Douglas supported by Millard the resolution be adopted.
AYES: Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt,
Cbrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel,
Causey-Mitchell, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield,
Gregory. (24)
NAYS: Colasanti. (1)
A sufficient majority having voted therefor, the resolution was adopted.
OF?EGOING RESOLUTION
‘-
Date
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the
foregoing resolution is a true and accurate copy of a resolution adopted by the
Oakland County Board of Commissioners on January 5, 1999 with the original record
thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac, Michigan tOis 51h day of January, 1999.
G. William Caddell, County Clerk