CITY OF TRENTON

ORDINANCE NO. 577

AN ORDINANCE TO AMEND THE CODE OF THE CITY OF TRENTON BY ADDING A NEW ARTICLE VII TO CHAYfER 2 OF THE CODE TO CREATE A DOWNTOWN DEVELOPMENT AUTHORITY WITHIN THE CITY OF TRENTON, MICHIGAN, TO BE ENTITLED "DOWNTOWN DEVELOPMENT AUTHORITY".

THE CITY OF TRENTON, WAYNE COUNTY, MICHIGAN HEREBY ORDAINS:

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Section 1. Chapter 2 of the Trenton City Code shall be amended by adding a new Article VII to the Chapter entitled "Downtown Development Authority", which shall read as follows:

2-270 Title. This Chapter shall be known as the "Downtown Development Authority" of the City of Trenton.

2-271 Purpose. The purpose of this Chapter is to create a public body corporation to act in the best interests of the City to halt property value deterioration, increase property tax valuation where possible in the business district of the City, eliminate the causes of that deterioration, and to promote economic growth pursuant to Act 197 of the Public Acts of 1975.

2-272 Definitions. The terms used herein shall have the same meaning as given them in Act 197 or as hereinafter in this section provided, unless the context clearly indicates to the contrary and shall be in addition to the terms provided in Act 197.

(A) "Authority" means Trenton Downtown Development Authority.

(B) "Act 197" means Act No. 197 of the Public Acts of Michigan of 1975 as now in effect or hereafter amended.

(C) "City" means the City of Trenton.

(D) "Council" means the Trenton City Council.

(E) "Downtown District" means the downtown district designated herein.

2-273 Creation of Authority. There is hereby created pursuant to Act 197 the Trenton Downtown Development Authority for the City of Trenton, Michigan. The Authority shall be a public body corporate and shall be known and exercise its powers under title of "Trenton Downtown Development Authority". The Authority may adopt a seal, may sue and be sued in any court of this State, and shall possess all powers necessary to carry out the purpose of its incorporation as provided herein and in Act 197. The enumeration of a power herein or in Act 197 shall not be construed as a limitation upon the general powers of the Authority.

2-274 Description of Downtown District. The boundaries of the Downtown District in which the Authority shall exercise its powers as provided by Act 197 are hereby established described below and shown on the Downtown District map which accompanies this Chapter and which, with all notations, references and other information shown thereon, shall be as much a part of this Chapter as if fully described herein:

Area is defined as being the area bounded on the north by Harrison Street from the railroad corridor of DT & I, D & TSL and Comail ("Railroad Corridor") to the Detroit River; the east by the Detroit River; the south by Elizabeth Park from the River to Riverside Dr, Riverside to Walnut St., both sides of Walnut to W. Jefferson, and both sides of W. Jefferson to Slocum; and on the west by the "Railroad Corridor" to Harrison.

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2-275 Organization.

(A) The Authority shall be under the supervision and control of a Board consisting of the Mayor and eleven (11) members who shall be appointed by the Mayor and subject to the approval of City Council. At least five (5) of the members shall be business persons having an interest in property located in the Downtown District. If the district has 100 or more persons residing within it, at least one member of the Authority shall be a resident of the district. Of the members first appointed, three (3) shall be appointed for one (1) year, three (3) for two (2) years , three (3) for three (3) years, and two (2) for four (4) years. Thereafter, a member shall serve for a term of four (4) years. An appointment to fill a vacancy shall be made by the Mayor for the unexpired term only, subject to the approval of City Council. Members of the Board shall serve without compensation, but shall be reimbursed for actual and necessary expenses. The Chairperson of the Board and Officers shall be elected by the Board.

(B) 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 City Council.

(C) The Board shall adopt rules consistent with Act No. 267 of Public Acts of 1976 governing its procedure and the holding of regular meetings, subject to the approval of the City Council. Special Meetings may be held if called in the manner provided in the rules of the Board.

2-276 Duties. The Trenton Downtown Development Authority as herein created shall be charged with the following duties subject to the approval of the City Council:

(A) Prepare an analysis of economic changes taking place in the Downtown District.

(B) Study and analyze the impact of a maturing community upon the Downtown District.

(C) Plan and propose the construction, the renovation, repair, remodeling, rehabilitation, restoration, preservation, or reconstruction of a public facility, which may be necessary or appropriate to the execution of a plan which, in the opinion of the Board, aids in the economic growth of the Downtown District.

(D) Plan, propose and implement an improvement to a public facility within the development area to comply with the barrier free design requirements of the State Construction Code promulgated under the State Construction Code Act of 1972, Act No. 230 of the Public Acts of 1972, being Sections 125.1501 to 125. 15 31 of the Michigan Compiled Laws.

(E) Develop long-range plans, in cooperation with the City Planning Commission, designed to prevent the deterioration of property values in the Downtown District, and take such steps as may be necessary to persuade property owners to implement the plans to the fullest extent possible.

(F) Implement any plan of development in the Downtown District necessary to achieve the purposes of this Ordinance, in accordance with the powers of the Authority as granted by this Ordinance.

(G) Make and enter into contracts necessary or incidental to the exercise of its powers and the performance of its duties.

(H) Acquire by purchase or otherwise on terms and conditions and in a manner the Authority deems proper or own, convey, or otherwise dispose of, or lease as lessor or lessee, land and other property, real or personal, or rights or interests therein, which Authority determines is reasonably necessary to achieve the purposes of this Ordinance, and to grant or acquire licenses, easements, and options with respect thereto.

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(I) Improve land and construct, reconstruct, rehabilitate, restore and preserve, equip, improve, maintain, repair and operate any building, including multiple-family dwelling and any necessary or desirable appurtenances thereto, within the Downtown District for the use, in whole or in part, of any public or private person or corporation, or a combination thereof.

(J) Fix, charge, and collect fees, rents and charges for the use of any building or property under its control or any part thereof, or facility therein, and pledge the fees , rents and charges for the payment of revenue bonds issued by the Authority.

(K) Lease any building or property under its control, or any part thereof.

(L) Acquire and construct public facilities.

(M) Accept grants and donations of property, labor, or other things of value from a public or private source.

2-277 Financine. The activities of the Authority shall only be financed from one or more of the following sources:

(A) Donations to the Authority for the performance of its functions.

(B) Proceeds of an ad valorem tax with approval of City Council, pursuant to Section 12 of Act 197.

(C) Monies borrowed with approval of the City Council, to be repaid as authorized by Sections 13 and 13(a) of Act 197.

(D) Revenues from any property, building, or facility owned, leased, licensed or operated by the Authority or under its control, subject to the limitations imposed upon the Authority by the City Council, trust or other Agreements.

(E) Proceeds of a tax increment financing plan, established pursuant to Sections 14 to 16 of Act 197.

(F) Proceeds from a Special Assessment District created as provided by law and approved by Council.

(G) Monies obtained from other sources approved by the Council of the City of Trenton and otherwise authorized by law for use by the Authority or the City of Trenton to finance a development program.

2-278. Development Plans. A development plan shall contain:

(A) The designation of boundaries of the development area in relation to highways, streets, streams, or otherwise.

(B) The location and extent of existing streets and other public facilities within the development area and shall designate the location, character, and extent of the categories of public and private land uses then existing and proposed for the development area, including residential, recreational, commercial, industrial, educational, and other uses and shall include a legal description of the development area.

(C) A description of existing improvements in the development area to be demolished, repaired, or altered, a description of any repairs and alterations, and estimate of the time required for completion.

(D) The location, extent, character and estimated cost of the improvements including rehabilitation contemplated for the development area and an estimate of the time required for completion.

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(E) The location of existing improvements in the development area.

(F) A statement of the construction or stages of construction planned, and the estimated time of completion of each stage.

(G) Description of any parts of the development area to be left as open space and the use contemplated for the space.

(H) A description of any portions of the development area which the Authority desires to sell, donate, exchange, or lease to or from the City and the proposed terms.

(I) A description of any desired zoning changes and changes in streets, street levels, intersections, and utilities.

(J) An estimate of the cost of the development, a statement of the proposed method of financing the development and the ability of the Authority to arrange the financing.

(K) Designation of the person or persons, natural or corporate to whom all or a portion of the development is to be leased, sold, or conveyed in any manner and for whose benefit the project is being undertaken if that information is available to the Authority.

(L) The procedures for bidding for the leasing, purchasing, or conveying in any manner of all or a portion of the development upon its completion, if there is no express or implied agreement between the Authority and persons, natural or corporate, that all or a portion of the development will be leased, sold or conveyed in any manner to those persons.

(M) Estimates of the number of persons residing in the development area. If occupied residences are designated for acquisition and clearance by the Authority, a development plan shall include a survey of families and individuals to be displaced including their income and racial compositions, a statistical description of the housing supply in the community, including the number of private and public units in existence or under construction, the condition of those in existence, the number of owner-occupied and renter-occupied units, the annual rate of turnover of the various types of housing and range of rents and sale prices, an estimate of the total demand for housing in the community, and the estimated capacity of private and public housing available to displaced families and individuals.

(N) A plan for establishing priority for the relocation of persons displaced by the development in any new housing in the development area.

(0) Provision for the costs of relocating persons displaced by the development and financial assistance and reimbursement of expenses, including litigations expenses and expenses incident to the transfer of title, in accordance with the standards and provisions of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, being Public Law 91-646, 42 USC, Sections 4601, et seq.

(P) A plan for compliance with Act No. 227 of the Public Acts of 1972, amended, being Section 213.321 to 213.332 of the Michigan Compiled Laws.

(Q) Other material which the Authority, local public agency, or governing body deems pertinent.

2-279 Development Area Citizens Council. If a proposed development area has residing within one hundred (100) or more residents, a Development Area Citizens Council shall be established at least ninety (90) days before the public hearing on the Development or Tax Increment Financing Plan. The Development Area Citizens Council shall be established by the City Council and shall consist of not less than nine (9) members. The members of the Development Area Citizens Council shall be residents of the development area and shall be appointed by the City Council. A member of a Development Area Citizens Council shall be at least eighteen (18) years of age, The Development Area Citizens Council shall be representative of the development area.

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The Development Area Citizens Council shall act as an advisory body to the Authority and the City Council in the adoption of the Development or Tax Increment Financing Plans.

2-280 Governin2 Procedures. The Downtown Development Authority -- City of Trenton shall only have the power and duties prescribed by Act No. 197 of the Public Acts of 1975, as amended, and consistent with this Ordinance. Any questions of interpretation of the powers and duties and responsibilities of the Authority shall be resolved first by reference to this Ordinance and then by reference to Act No. 197 of the Public Acts of 1975, as amended, as it is not inconsistent with this Ordinance. The Authority shall provide the City Council and Planning Board with all reports and studies regulating the formation and implementation of project development plans.

2-281 Tennination. Upon completion of its purposes, the Authority may be dissolved by the City Council. The property and the assets of the Authority, after dissolution and satisfaction of its obligations, shall revert to the City.

Section 2. Severability. Should any word, sentence, phrase or any portion of this Ordinance be held in a manner invalid by any court of competent jurisdiction or by any state agency having authority to do so for any reason whatsoever, such holdings shall be construed and limited to such work, sentence, phrase or any portion of the Ordinance held to be so invalid shall not be construed as affecting the validity of any of the remaining words, sentences, phrases or portions of this Ordinance.

Section 3. The Council authorizes the City Clerk of the City of Trenton to file an executed original of this Ordinance with the Michigan Secretary of State.

Section 4. Conflictin2 Ordinances. All prior existing ordiqances adopted by the City of Trenton inconsistent or in conflict with the provisions of this Ordinance are, to the extent of such conflict or inconsistency, hereby expressly repealed.

Section 5. This Ordinance shall be given a first reading on June 17, 1996, shall be enacted on July 1, 1996, and shall be published on or before July 10, 1996, and shall be effective July 11, 1996.

ADOPTED, APPROVED AND PASSED by the City Council of the City of Trenton this 1st day of July, 1996.

~ W- Boritzki, Thomas .

~.~ I hereby certify that the foregoing is a true copy of the Ordinance as passed by the City

Council of the City of Trenton at a regular Council Meeting held in the City Council Room in said City on the 1st day of July, 1996.

~ Kyletack,city Clerk

I further certify that the foregoing was published in News Herald, a newspaper circulated in the City of Trenton, on the 10th day of July , 1996.

~ d~ Kyl.Stack, City Clerk