City Ordinance Chapter 018 - Community Development

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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.

                                           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.
        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-

§ 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.
                                                                 (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.

                                           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,
                                                           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-

§ 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,


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