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Notice of Ordinance Adoption

FRUITPORT CHARTER TOWNSHIP
NOTICE OF POSTING OF ADOPTED ORDINANCE
PLEASE TAKE NOTICE that at a meeting of the Fruitport Charter Township Board held on November 9, 2020 the Board had a second reading of and adopted the following ordinance:
ORDINANCE NO.  822
DOWNTOWN DEVELOPMENT AUTHORITY ORDINANCE
FRUITPORT CHARTER TOWNSHIP
An Ordinance to amend the Code of Ordinances, Charter Township of Fruitport, Muskegon County, Michigan, by adding Chapter 39 to establish a Downtown Development Authority in the Township; to define the boundaries of the Downtown District constituting the Downtown Development Authority; to provide for other matters necessary and related to the Downtown Development Authority; and to provide for the effective date of this Ordinance.
THE CHARTER TOWNSHIP OF FRUITPORT, MUSKEGON COUNTY, MICHIGAN, ORDAINS:
Section 1.                 Title.  This Ordinance shall be known and may be cited as the “Downtown Development Authority Ordinance.”
Section 2.                 Chapter 39.  Chapter 39 shall be added to the Fruitport Charter Township Code of Ordinances to state in its entirety as follows.
CHAPTER 39
DOWNTOWN DEVELOPMENT AUTHORITY
Sec. 39-1.        Definitions.
In the enforcement and interpretation of this chapter, words that are defined in Act 57 shall have the meaning as given them in Act 57, and the following words, terms, or phrases are defined as stated below, unless specifically stated otherwise in context.
  1. The Downtown Development Authority of Fruitport Charter Township, as created by this chapter.
  2. Act 57. Part 2, Downtown Development Authorities, of Act 57 of 2018, Recodified Tax Increment Financing Act, MCL 125.4201 et , as amended.
  3. Board or Board of Directors. The Board of Directors of the Authority.
  4. Downtown District. The downtown district as designated in this Ordinance, and as may be amended pursuant to Act 57.
  5. The Supervisor of the Township.
  6. Fruitport Charter Township, Muskegon County, Michigan.
  7. Township Board. The Township Board of Fruitport Charter Township.
Sec. 39-2.        Purpose and findings.
The Township Board determines and finds that it is necessary for the best interests of the Township to create a public body corporate in order to halt property value deterioration and increase property tax valuation where possible in the Downtown District, to eliminate the causes of the deterioration, and to promote economic growth, pursuant to Act 57.
Sec. 39-3.        Creation of authority.
Pursuant to Act 57, there is created a Downtown Development Authority for the Township.  The Authority shall be a public body corporate and shall be known and exercise the powers under title “Downtown Development Authority of Fruitport Charter Township.”  The Authority may sue and be sued in any court of this State, and shall possess all of the powers necessary to carry out the purpose of its incorporation as provided herein and in Act 57.  The enumeration of a power in this chapter or in Act 57 shall not be construed as a limitation upon the general powers of the Authority.
Sec. 39-4.        Description of downtown district.
The Downtown District in which the Authority shall exercise its power as provided by Act 57 shall consist of the property in the Township described on Exhibit A attached to and made a part of this chapter, subject to such changes or amendments as may be made pursuant to this chapter, and Act 57.
Sec. 39-5.        Board of directors.
The Authority shall be under the supervision and control of the Board of Directors consisting of the Township Supervisor and eight members.  The members shall be appointed by the Township Supervisor subject to approval by the Township Board.  Eligibility for membership of the Board of Directors and terms of office shall be as provided by Act 57.  Each member shall hold office until the member’s successor is appointed.
Sec. 39-6.        Powers of the authority.
The Authority shall possess all of the powers necessary to carry out the purposes of its incorporation and shall have all the powers provided by Act 57.
Sec. 39-7.        Fiscal year; adoption of budget; reports; audits.
  1. The fiscal year of the Authority shall be the same fiscal year as is established for the Township.
  2. The Board of Directors shall annually prepare a budget and shall submit it to the Township for consideration by the Township Board. The Board of Directors shall not finally adopt a budget for any fiscal year until the budget has been approved by the Township Board.  The Board of Directors may, however, temporarily adopt a budget in connection with the operation of any improvements which have been financed by revenue bonds where required to do so by the Ordinance authorizing the revenue bonds.
  3. The Authority shall be audited annually by the same independent auditors auditing the Township and copies of the audit report shall be filed with the Township Board.
Sec. 39-8.        Termination.
Upon completion of its purposes the Authority may be dissolved by an Ordinance duly adopted by the Township Board.  The property and assets of the Authority, after dissolution and satisfaction of its obligations, shall revert to the Township.
Sec. 39-9.        Publication; recording; filing.
After its adoption, the ordinance establishing this chapter shall be published once in full in a newspaper of general circulation in the Township, and the Township Clerk shall file a certified copy of the ordinance establishing this chapter with the Michigan Secretary of State promptly after its adoption.
Section 3.                 Effective Date.  This Ordinance was approved and adopted by the Township Board on November 9, 2020, after its introduction and first reading on October 26, 2020, and after its publication after such first reading in the manner provided by Public Act 359 of 1947, as amended.  This Ordinance shall take effect on the day after its publication in full in a newspaper of general circulation in the Township.
EXHIBIT “A”
The western border is Harvey Street from Pontaluna Road to Sternberg Road.
The northern border is Sternberg Road from Harvey Street to Quarterline.
The eastern border is Quarterline Road from Sternberg Road to Pontaluna Road.
The southern border is Pontaluna Road from Quarterline Road to Harvey Street.
Only those properties contained within these borders would be included in the DDA.