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Chapter 18 COMMUNITY DEVELOPMENT* Article I. In General Secs. 18-1-18-30. Reserved. Article II. Downtown Development Authority Sec. 18-31. Definitions. Sec. 18-32. Creation. Sec. 18-33. Determination of necessity. Sec. 18-34. Description of downtown district. Sec. 18-35. Governing board. Sec. 18-36. Powers. Sec. 18-37. Fiscal year; adoption of budget. Secs. 18-38-18-60. Reserved. Article III. Enterprise Zone Sec. 18-61. Establishment. Sec. 18-62. Determination that zone meets state requirements. Sec. 18-63. Citizens' council. Secs. 18-64-18-78. Reserved. Article IV. Housing Commission Sec. 18-79. Created. Sec. 18-80. Appointment of members. Sec. 18-81. Authority to act as borrower. Sec. 18-82. Ownership of property. Sec. 18-83. Payment of annual service fee in lieu of taxes. *State law references-Housing and slums clearance projects, MCL 125.651 et seq.; housing corporation law, MCL 125.601 et seq.; urban redevelopment corporations, MCL 125.901 et seq.; rehabilitation of blighted areas, MCL 125.71 et seq.; principal shopping districts and business improvement districts, MCL 125.981 et seq.; economic expansion, MCL 125.1201 et seq.; regional economic development commission, MCL 125.1231 et seq.; state housing development authority act of 1966, MCL 125.1401 et seq.; downtown development authority, MCL 125.1651 et seq.; economic development corporations, MCL 125.1601 et seq.; tax increment finance authority act, MCL 125.1801 et seq.; Michigan economic and social opportunity act of 1981, MCL 400.1101 et seq. CD18:1 COMMUNITY DEVELOPMENT § 18-37 ARTICLE I. IN GENERAL seq.), as set forth in exhibit Aon file in the office of the city clerk, which is made a part of this article. Secs. 18-1-18-30. Reserved. (Code 1975, § 2-125; Code 2002, § 18-34) Sec. 18-35. Governing board. ARTICLE II. DOWNTOWN DEVELOPMENT AUTHORITY The downtown development authority shall be under the supervision and control of a governing board which shall be appointed and which shall Sec. 18-31. Definitions. function in the manner provided by Public Act No. The terms used in this article shall have the 197 of 1975 (MCL 125.1651 et seq.). same meaning as given to them in Public Act No. (Code 1975, § 2-126; Code 2002, § 18-35) 197 of 1975 (MCL 125.1651 et seq.), or unless the State law reference-Governing board, MCL 125.1651. context herein clearly indicates to the contrary. (Code 1975, § 2-122; Code 2002, § 18-31) Sec. 18-36. Powers. Except as specifically otherwise provided in Sec. 18-32. Creation. this article, the downtown development authority There is hereby established, pursuant to Public shall have all the powers provided by Public Act Act No. 197 of 1975 (MCL 125.1651 et seq.), a No. 197 of 1975 (MCL 125.1651 et seq.). downtown development authority for the city. The (Code 1975, § 2-127; Code 2002, § 18-36) State law reference--General powers of governing body, downtown development authority shall be a pub- MCL 125.1657. lic body corporate and shall be known and exer- cise its powers under the title of "Downtown Sec. 18-37. Fiscal year; adoption of budget. Development Authority of the City of Muskegon." (Code 1975, § 2-124; Code 2002, § 18-32) (a) The fiscal year of the downtown develop- State law reference--Authority to create downtown de- ment authority shall begin on July 1 of each year velopment authority, MCL 125.1652. and end on June 30 of the same year, or such other fiscal year as may hereafter be adopted by Sec. 18-33. Determination of necessity. the city. The city commission hereby determines that it (b) The downtown development authority shall is necessary to halt property value deterioration annually prepare a budget and shall submit such and increase property tax valuation wherever budget to the commission on the same date that possible in the business district of the city, to the proposed budget for the city is required by the eliminate the causes of that deterioration and to city Charter to be submitted to the city commis- promote economic growth by establishing a down- sion. The downtown development authority shall town development authority pursuant to Public not finally adopt a budget for any fiscal year until Act No. 197 of 1975 (MCL 125.1651 et seq.). the budget has been approved by the commission. (Code 1975, § 2-123; Code 2002, § 18-33) The downtown development authority may, how- ever, temporarily adopt a budget in connection Sec. 18-34. Description of downtown dis- with the operation of any improvements which trict. have been financed by revenue bonds where re- quired to do so by the ordinance authorizing the The downtown district in which the downtown revenue bonds. development authority shall exercise its powers, as provided by Public Act No. 197 of 1975 (MCL (c) The downtown development authority shall 125.1651 et seq.), shall consist of the described submit financial reports to the commission at the territory in the city, subject to such changes as same time and on the same basis as departments may hereinafter be made pursuant to this article of the city are required to submit reports. The and Public Act No. 197 of 1975 (MCL 125.1651 et downtown development authority shall be au- CD18:3 § 18-37 MUSKEGON CITY CODE dited annually by the same independent auditors Seaway Drive, turning north on Seaway auditing the city, and copies of the audit reports Drive to Ninth Street. Follow Ninth Street shall be filed with the commission. to Western Avenue. Follow Western Ave- (Code 1975, § 2-128; Code 2002, § 18-37) nue to Sixth Street, and then proceed to the southern Muskegon Lake shoreline. Secs. 18-3S-18-60. Reserved. Proceed northeast along Muskegon Lake shoreline to the south branch of the Muskegon River. ARTICLE III. ENTERPRISE ZONE* (5)Follow the southern shoreline of the south Sec. 18-61. Establishment. branch of the Muskegon River between the Muskegon Lake shoreline and the There is hereby established in the city a state Getty Street/US31-BR intersection. Pro- enterprise zone, pursuant to Public Act No. 224 of ceed south on Getty Street to the north- 1985 (MCL 125.2101 et seq.). The following de- ernmost city municipal boundary east of scription of the enterprise zone, which falls in Getty Street. Proceed east along the north- both the city and the City of Muskegon Heights, is ernmost city municipal boundary be- hereby adopted as the enterprise zone. The city tween Getty Street and Harvey Street. hereby designates that portion of the following Proceed north along Harvey Street until area found within the city as a state enterprise Stebbins Road, turning east and following zone: the city municipal boundary eastward to (1) Begin with the most northeast municipal the starting point (the most northeast city boundary of the city north of Marquette municipal boundary point north of Avenue in the vicinity of Quarterline Road Marquette Avenue in the vicinity of the and Stebbins Road and proceed south Quarterline and Stebbins Roads intersec- along the municipal boundary until Oak tion). Street. Follow Oak Street west to Harvey (Code 1975, § 2-240; Code 2002, § 18-61) Street and proceed south along the city State law reference-Establishment of enterprise zone, MCL 125.2111. municipal boundary to Ryerson Creek. Follow Ryerson Creek until Getty Street. Sec. 18-62. Determination that zone meets (2) Proceed south on Getty Street until Nor- state requirements. ton and follow Norton west until Green Street. Proceed south on Green Street The city commission determines, after public until Seaway Drive. Then follow the mu- hearing and examination of the proposed enter- nicipal boundary of the City of Muskegon prise zone, that the portion of the zone described Heights in the area north of the northern in section 18-61 found in the city meets the shoreline of Mona Lake and south of Sea- requirements of Public Act No. 224 of 1985 (MCL way Drive. 125.2101 et seq.). (Code 1975, § 2-241; Code 2002, § 18-62) (3) Proceed north on Peck Street between Seaway Drive and Norton. Follow Norton Sec. 18-63. Citizens' council. west until Temple Street, turning south to Seaway Drive. Proceed north on Seaway (a) Established; number; qualifications. A citi- Drive until Hackley Avenue, following zens' council for the enterprise zone is hereby Hackley Avenue between Seaway Drive established pursuant to Public Act No. 224 of and Park Street. 1985 (MCL 125.2101 et seq.). (4) Follow Park Street north to Laketon Ave- (b) Duties. The citizens' council shall perform nue. Proceed west on Laketon Avenue to all of the following duties: *State law reference-Enterprise zone act, MCL 125.2101 (1) Advise the city on all matters relating to et seq. enterprise zone activities. CD18:4 COMMUNITY DEVELOPMENT § 18-83 (2) Advocate the promotion and development Sess.) (MCL 125.651 et seq.). To the extent of any of business in the enterprise zone. such borrowing, the housing commission shall indemnify and hold harmless the city from any (3) Coordinate employer needs with available claims or expenses incurred in association with training programs and other services. such borrowing. (4) Upon the request of a qualified business, (Code 2002, § 2-323; Ord. No. 2027, § 2-159, assist in recruitment of employees for 8-1-2000) existing or future jobs. (5) Review each employer annually to ensure Sec. 18-82. Ownership of property. the employer's continuing status as a qual- ified business. The housing commission is hereby granted authority to acquire and dispose of real property, (6) Provide information, as requested, to the pursuant to Section 11(1) of Public Act No. 18 of state enterprise zone authority. 1933 (Ex. Sess.) (MCL 125.661(1)). (Code 1975, §§ 2-242(a), 2-243; Code 2002, § 18- (Code 2002, § 2-324; Ord. No. 2027, § 2-160, 63) 8-1-2000) State law reference-Citizens' council, MCL 125.2109, 125.2110. Sec. 18-83. Payment of annual service fee in Secs. 18-64-18-78. Reserved. lieu of taxes. (a) Pursuant to Section lla(l) of Public Act ARTICLE IY. HOUSING COMMISSION* No. 18 of 1933 (Ex. Sess.) (MCL 125.661a(l)), the housing commission shall, beginning in 2000, Sec. 18-79. Created. being the 1999 tax year, pay on or before March 31 of that year, and on or before the same date A commission is hereby created in and for the annually, a service fee in lieu of taxes equal to ten city, to be known as the "Muskegon Housing percent of the annual shelter rents obtained from Commission." the projects and facilities owned and operated by (Code 1975, § 2-157; Code 2002, § 2-321) it or owned and operated by qualified entities. State law reference-Authority to create housing com- mission, MCL 165.653(a). The term "qualified entities" includes any person or entity owning or operating a facility or prop- Sec. 18-80. Appointment of members. erty on behalf of or in concert with the housing commission. The term "qualified entities" in- The city manager, with the consent and ap- cludes, without limitation, the entity known as proval of the city commission, is hereby directed the Family Investment Center Limited Dividend to appoint the members of the housing commis- Housing Association Limited Partnership. sion. Members of the housing commission shall be appointed as provided by law. (b) In accordance with the statute, the housing (Code 1975, § 2-158; Code 2002, § 2-322) commission is responsible for paying the service State law reference-Composition of housing commis- charge in lieu of taxes for all facilities whether sion and appointment of members, MCL 125.654. owned or operated by a qualified entity or owned or operated by the housing commission itself. Sec. 18-81. Authority to act as borrower. (c) No later than 30 days after the close of each The housing commission is hereby granted calendar year, the housing commission shall pro- authority pursuant to Section l(a)(ii) of Public Act vide to the city an accounting showing the gross No. 18 of 1933 (Ex. Sess.) (MCL 125.651(a)(ii)), to annual shelter rents received during the previous act as a borrower for purposes of issuing bonds or year from its projects or facilities. The housing notes pursuant to Public Act No. 18 of 1933 (Ex. commission shall provide all information in con- *State law reference-Housing commission, MCL 125.653 nection with such accounting as may reasonably et seq. be requested by the city for the purpose of verify- CD18:5 § 18-83 MUSKEGON CITY CODE ing the amount of annual shelter rents and the resulting payment of the service fee in lieu of taxes to be paid. (Code 2002, § 2-325; Ord. No. 2028, §§ 1-3, 8-1-2000) CD18:6
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