Section
Article I: Sugar Mill Apartments
64-1 In general
64-2 Preamble
64-3 Definitions
64-4 Class of housing development
64-5 Establishment of annual service charge
64-6 Limitation on the payment of annual service charge
64-7 Contractual effect of article
64-8 Payment of service charge
64-9 Duration
64-10 Severability
Article II: Edmond Senior Apartments on
South Washington Street
64-11 In general
64-12 Preamble
64-13 Definitions
64-14 Class of housing development
64-15 Establishment of annual service charge
64-16 Limitation on the payment of annual service charge
64-17 Contractual effect of article
64-18 Payment of service charge
64-19 Duration
64-20 Severability
Article III: Butternut Creek Preservation LDHA Family Housing Development
at 535 Lansing Street
at 535 Lansing Street
64-21 In general
64-22 Preamble
64-23 Definitions
64-24 Class of housing development
64-25 Establishment of annual service charge
64-26 Limitation on the payment of annual service charge
64-27 Contractual effect of article
64-28 Payment of service charge
64-29 Duration
64-30 Severability
ARTICLE I. SUGAR MILL APARTMENTS
(A) It is acknowledged that it is a proper public purpose of the State of Michigan and its political subdivisions to provide housing for its citizens of low to moderate income and to encourage the development of such housing by providing for a service charge in lieu of property taxes in accordance with the State Housing Development Authority Act of 1966 (1966), Public Act 346 of 1966, being M.C.L.A. §§ 125.1401 et seq., as amended. The city is authorized by this Act to establish or change the service charge to be paid in lieu of taxes by any or all classes of housing exempt from taxation under this Act at any amount it chooses not to exceed the taxes that would be paid but for this Act. It is further acknowledged that such housing is a public necessity, and as the city will be benefitted and improved by such housing, the encouragement of the same by providing certain real estate tax exemption for such housing is a valid public purpose; further, that the continuance of the provision of this article, for tax exemption and the service charge in lieu of taxes during the period contemplated in this article, are essential to the determination of economic feasibility of housing developments which are constructed and financed in reliance on such tax exemption.
(B) The city acknowledges that Sugar Mill Limited Dividend Housing Association, Michigan Limited Partnership, ("the sponsor") has offered subject to receipt of a mortgage loan from the Michigan State Housing Development Authority, to erect, own and operate a housing development identified as Sugar Mill Apartments (the "housing development") on certain property located on the 100 Block of Maynard Street in the city to serve senior citizens of low to moderate income, and that the sponsor has offered to pay the city, on account of this housing development, an annual service charge for public services in lieu of taxes.
(1993 Code, § 64-2) (Ord. passed 8-12-2002(2); Ord. 2017-01, passed 2-27-2017; Ord. 2020-09, passed 12-14-2020)
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. The State Housing Development Authority Act, being Public Act 346 of 1966 of the State of Michigan, being M.C.L.A. §§ 125.1401 et seq., as amended.
ANNUAL SHELTER RENT. The total collections during an agreed annual period from all occupants of a housing development representing rent or occupancy charges, exclusive of charges for gas, electricity, heat or other utilities furnished to the occupants.
AUTHORITY. The Michigan State Housing Development Authority.
ELDERLY PERSONS. A family where the head of household is 62 years of age or older or a single person who is 62 years of age or older. Also includes persons of any age who are handicapped or disabled.
HOUSING DEVELOPMENT. A development which contains a significant element of housing for persons of low to moderate income and such elements of other housing, commercial, recreational, industrial, communal and educational facilities as the Authority determines improves the quality of the development as it relates to housing for persons of low to moderate income.
MORTGAGE LOAN. A loan to be made by the Authority to the sponsor for the construction and/or permanent financing of the housing development.
SPONSOR. Person(s) or entities which have applied to the Authority for a mortgage loan to finance a housing development.
UTILITIES. Fuel, water, sanitary sewer service and/or electrical service, which are paid by the housing development.
(1993 Code, § 64-3) (Ord. passed 8-12-2002(2); Ord. 2017-01, passed 2-27-2017; Ord. 2020-09, passed 12-14-2020)
It is determined that the class of housing development to which the tax exemption shall apply and for which a service charge shall be paid in lieu of such taxes shall be senior housing which is financed or assisted pursuant to the Act. It is further determined that Sugar Mills Apartments is of this class.
(1993 Code, § 64-4) (Ord. passed 8-12-2002(2); Ord. 2017-01, passed 2-27-2017; Ord. 2020-09, passed 12-14-2020)
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