SUMMARY ORDINANCE–FULL TEXT OF THE ORDINANCE IS AVAILABLE UPON REQUEST AT THE VILLAGE CLERK’S OFFICE
AN ORDINANCE TO AMEND ORDINANCE NO. 213, DOWNTOWN DEVELOPMENT AUTHORITY ORDINANCE
An ordinance to amend the Downtown Development Authority Ordinance in the Village of Marcellus, to re-designate the boundaries of the downtown district, to revise and readopt the authorities and procedures of the authority board and to repeal all ordinances in conflict herewith.
THE VILLAGE OF MARCELLUS ORDAINS:
Section 1 – Title.
This ordinance shall be known and cited as the Village of Marcellus “Downtown Development Authority Ordinance.”
Section 2 – Creation Of Authority/Name
A Downtown Development Authority (herein after referred to as the “Authority”), a municipal corporation, which was established by Ordinance 213 of the Village of Marcellus, pursuant to Act. No. 57 the Public Acts of 2018 as amended, is still in effect and is a municipal corporation pursuant to Michigan law. The name of this municipal corporation continues to be the Village of Marcellus Downtown Development Authority.
Section 3 – Purpose
The authority is a municipal corporation organized with reference to Public Act 57 of 2018. The purpose of the corporation will be to correct and prevent deterioration and increase property tax valuation in the downtown business district; to encourage historic preservation; to promote economic growth; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the district; to create a governing board of the authority; to prescribe its powers and duties; to authorize the levying and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; and to authorize the use of tax increment financing in the furtherance of the purposes herein stated.
Section 4 – Definitions
Section 5 – Downtown Development Authority Board
1) The Authority shall be under the supervision and control of a Board consisting of the Chief Executive Officer of the Village of Marcellus and eight members as determined by the governing body of the Village of Marcellus The majority of the members shall be persons having an interest in property located in the downtown district or officers, members, trustees, principals, or employees of a legal entity having an interest in property in the downtown district.
2) Before assuming the duties of office, a member shall take and subscribe to the constitutional Oath of Office.
3) The business which the board may perform shall be conducted at a public meeting of the board held in compliance with the open meetings act.
4) Pursuant to notice and after having been given an opportunity to be heard, a member of the board may be removed for cause by the governing body.
5) All expense items of the Authority shall be publicized monthly, and the financial records shall always be open to the public.
6) In addition to the items and records prescribed in sub-section (5), a writing prepared, owned, used, in the possession of, or retained by the board in the performance of an official function, shall be made available to the public in compliance with the Freedom of Information Act.
7) By resolution of its governing body, the Village of Marcellus may establish a single board to govern all authorities in the Village of Marcellus, if it has more than one Authority.
8) By ordinance, and if the Village’s population is less than 5,000, the governing body of the Village of Marcellus may have the Planning Commission serve as the board provided for in Sub-Section (1).
9) The Authority shall be a public body corporate which may sue and be sued in any court of this state.
Section 6 – Downtown Development Authority Board Powers
The Downtown Development Authority’s governing board may:
1) Prepare an analysis of economic changes taking place in the downtown district.
2) Study and analyze the impact of metropolitan growth upon the downtown district.
3) Plan and propose the construction, renovation, repair, remodeling, rehabilitation, restoration, preservation, or reconstruction of a public facility, an existing building or a multiple family dwelling unit which may be necessary or appropriate to the execution of a plan.
4) Plan, propose and implement an improvement to a public facility within the development area.
5) Develop long range plans.
6) Implement any plan of development in the downtown district necessary to achieve the Downtown Development Authority’s purposes.
7) Make and enter contracts.
8) Acquire by purchase or otherwise, land and other property which the authority determines is reasonably necessary to achieve the purposes of this ordinance.
9) Improve land and construct, reconstruct, rehabilitate, restore and preserve, equip, improve, maintain, repair and operate any building including multiple-family dwellings within the downtown district for the use, in whole or in part, of any public or private person or corporation, or a combination of them.
10) Fix, charge and collect fees, rents, and charges for the use of any building or property under its control for the payment of revenue bonds issued by the authority.
11) Lease any building or property under its control, or any party of a building or property.
12) Accept grants and donations of property, labor, or other things of value from a public or private source.
13) Acquire and construct public facilities.
14) Create, operate, and fund marketing initiatives that benefit only retail and general marketing of the downtown district.
15) Contract for broadband service and wireless technology service in the downtown district.
16) Create, operate and fund a loan program to fund improvements in existing buildings located in a downtown district.
17) Create, operate and fund retail business incubators in the downtown district.
Section 7 – Director; Officers
1) The Board may employ and fix the compensation of a director, subject to approval of the governing body of the municipality.
2) The officers of the corporation shall consist of a chairperson, secretary and treasurer.
3) The Board may employ and fix the compensation of a Treasurer who shall keep the financial records of the Authority.
4) The board may employ and fix the compensation of a Secretary, who shall maintain custody of the official seal and of records, books, documents, or other papers not required to be maintained by the treasurer.
5) The board may retain legal council to advise the board on the proper performance of its duties.
6) The board may employ other personnel deemed necessary by the board.
Section 8 – Authority As an Instrument of Political Subdivision
The authority shall be deemed an instrumentality of the Village for purposes of Act No. 57 of the Public Acts of 2018, being sections 213.321 to 213.332 of the Michigan Compiled Laws.
Section 9 – Downtown Development Authority Use of Private Property
The Village of Marcellus may take private property under Act 129 of the Public Acts of 1911, as amended, for the purpose of transfer of the authority, and may transfer the property to the authority for use in an approved development as considered necessary for public purposes and for the benefit.
Section 10 – Authority Financing Activities
1) The activities of the authority shall be financed from one (1) or more of the sources permitted by Section 11 of the empowering act (MCL 125.1661):
a. Donations.
b. Proceeds of a tax.
c. Money borrowed as authorized by law.
d. Revenues from any property, building, or facility owned, leased, licensed, or operated by the authority or under its control.
e. Proceeds of a Tax Increment Financing Plan.
f. Proceeds from a special assessment district.
g. Money obtained from other sources approved by the governing body of the Village of Marcellus or otherwise authorized by law.
h. Money obtained pursuant to MCL 125.1663b
i. Revenue received from the federal facility development act.
j. Revenue received from the federal data facility act.
2) Money received by the authority and not covered under Subsection One (1) shall immediately be deposited to the credit of the authority, subject to disbursement as provided in this Ordinance. The Village of Marcellus shall not obligate itself, nor shall it ever be obligated to pay any sums from public funds, other than money received by the municipality pursuant to this Section, for or on account of the activities of the authority.
Section 11 – Methods Of Financing Development Projects
With the approval of the governing body of the Village of Marcellus and to the extent it is qualified to do so under the empowering act, the authority may:
1) Levy taxes and engage in borrowing.
2) Borrow money and issue notes under the revised municipal finance act.
3) Borrow money and issue its negotiable revenue bonds as authorized by law; and/or borrow money and issue its revenue bonds or notes pursuant to Law.
4) To the extent the authority may use a tax Increment Financing Plan, such plan shall be adopted in accordance with the provisions of the law.
Section 12 – Development Plan
1) When the Board decides to pursue a project in the Downtown District, using revenue bonds or Tax Increment Financing, it shall prepare a development plan.
2) The Development Plan shall contain all the following:
a. The designation of boundaries of the development area.
b. The location and extent of existing streets and other public facilities within the area and shall designate the categories of public and private land uses, existing and proposed for the area.
c. A description of existing improvements in the area to be demolished, repaired, or altered, a description of any repairs and alterations, and an estimate of the time required for completion.
d. The location, extent, character, and estimated cost and time required for the improvements.
e. A statement of the construction or stages of the construction plan, and the estimated time of completion of each stage.
f. A description of any parts of the development area to be left as open space.
g. A description of any portion of the development area which the authority desires to sell, donate, exchange, or lease to or from the Village of Marcellus.
h. A description of desired zoning, street and utility changes.
i. An estimate of the cost of the development and method of financing.
j. Designation of the person or persons to whom all or a portion of the development is to be leased, sold, conveyed, in any manner.
k. The procedures for bidding for the leasing and/or purchasing that all or a portion of the development will be leased, sold, or conveyed in any manner.
l. Estimates of the number of persons residing in the development area, if occupied residences are designated for acquisition and clearance by the authority.
m. A plan for establishing priority for the relocation of persons displaced by any development in any new housing in the development area.
n. Provision for the cost of relocating any persons displaced by the development and financial assistance in reimbursement of expenses.
o. A plan for compliance with Michigan Compiled Law.
p. Other material which the authority, local public agency, or the Village of Marcellus Council deems pertinent.
Section 13 – Hearing On Plan
1) The Village of Marcellus, before adoption of an ordinance approving and/or amending a development plan or Tax Increment Financing Plan shall hold a public hearing on the plan.
2) Notice of time and place of hearing on a development plan shall contain: a description, map and plat of a proposed development area and if the development plan necessitates any relocation, the method of relocating any displaced individuals; and shall hear from interested persons, consider written communications and shall preserve a record of the public hearing and all data presented.
Section 14 – Public Purpose, Development of Plans
1) The Village of Marcellus Council, after a public hearing on a Development Plan or the Tax Increment Financing Plan, or both, shall determine whether the Development Plan and/ or Tax Increment Financing Plan constitutes a public purpose. If the Village Council determines that the Development Plan and/or the Tax Increment Financing plan constitute a public purpose, the Village Council shall then approve or reject the plan(s) or approve it with the modification.
2) Amendments to an approved Development Plan or Tax Increment Plan must be submitted by the authority to the Village of Marcellus Council for approval or rejection.
Section 15 – Notice To Vacate, Person to Be Relocated
A person to be relocated under this Act shall be given not less than 90 days’ written notice to vacate unless modified by Court Order for good cause.
Section 16 – Development Area Citizens Council
If a proposed development area has residing within it 100 or more residents, a Development Area Citizens Council shall be established at least 90 days before the public hearing on the development or Tax Increment Financing Plan.
Section 17 – Council As an Advisory Board
A Development Area Citizens Council established pursuant to this Ordinance shall act as an advisory body to the authority and the governing body in adoption of the development or tax increment financing plans.
Section 18 – Consultation With Development Area Citizens Council
Periodically a representative of the authority responsible for the preparation of a development or tax increment financing plan within the development area shall consult with and advise the Development Area Citizens Council regarding the aspects of a development plan.
Section 19 – Development Area Citizens Council Meetings
1) Meetings of the Development Area Citizens Council shall be open to the public and must be given proper notice.
2) The record of the meetings of a Development Area Citizens Council, including information and data presented, shall be maintained by the council.
3) A Development Area Citizens Council may request and receive technical assistance relevant to the preparation of a development or tax increment financing plan.
4) Failure of a Development Area Citizens Council to organize or to consult with and be advised by the authority, or failure to advise the Village of Marcellus, as provided in this Act, shall not preclude the adoption of a development plan by the Village of Marcellus if the Village of Marcellus complies with the Ordinance provisions and State law.
Section 20 – Citizens District Council Dissolution
1) A development area citizens council may not be required and, if formed, may be dissolved in certain situations:
Section 21 – Authority Budget, Handling, And Auditing Costs
1) The director of the authority shall prepare and submit for the approval of the board, a budget for the operation of the authority for each fiscal year. Before the budget may be adopted by the board, it should be approved by the Village of Marcellus Council.
2) The Village of Marcellus Council may assess a reasonable pro rata share of the funds for the cost of handling and annual auditing of the funds.
Section 22 – Historical Sites
1) A public facility, building, or structure which is determined by the Village of Marcellus to have significant historical interest shall be preserved in a manner as deemed necessary by the Village of Marcellus in accordance with laws relative to the preservation of historical sites. The preservation of facilities, buildings, or structures determined to be historic sites by a municipality shall include, at a minimum, equipping the historic site with a fire alarm system.
2) The Downtown Development Authority shall refer all proposed changes to the exterior of sites listed on the State Register of Historic Sites and the National Register of Historic Places to the applicable Historic District Commission, and to the State Historic Preservation Office.
Section 23 – Dissolution Of Authority
An authority which has completed the purposes for which it was organized shall be dissolved by Ordinance of the Village of Marcellus Council.
Section 24 – Enforcement
1) The State Tax Commission may institute proceedings to compel enforcement of this Ordinance.
2) The State Tax Commission may promulgate rules necessary for the administration of this Ordinance.
Section 25 – Severability
Should any portion, sentence, paragraph, clause, phrase or word of this Ordinance be declared unconstitutional, illegal or of no force or effect by a court of competent jurisdiction, such decision or judgment shall not affect the validity of the remaining portions thereof which shall continue to remain in full force and effect.
Section 26 – Repeal Of Conflicting Ordinances
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
Section 27 – Effective Date
This Ordinance shall become effective 45 days after its adoption, unless a petition signed by not less than 10% of the registered electors of the Village is filed with the Village Clerk within the 45-day time period, in which case this Ordinance shall take effect upon approval in an election held on the question. (February 28, 2025)
Section 28 – Publication
This Ordinance shall be published once, in summary form or in full, in The Marcellus News, a newspaper of general circulation within the boundaries of said Village and qualified under State law to publish legal notices, within 15 days of its adoption. The same shall be recorded in the Ordinance Book of said Village and such recording authenticated by the signatures of the President and Village Clerk. The full text of this Ordinance is available upon request to the Village Clerk’s office.
Date: January 14, 2025
Dennis Irwin
Village President
Date: January 14, 2025
Jacqueline A. Terrill
Village Manager/Clerk
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