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Charlotte, MI Code of Ordinances
CITY OF CHARLOTTE, MICHIGAN CODE OF ORDINANCES
CHARTER
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: ADMINISTRATION
CHAPTERS 3-5: RESERVED
CHAPTER 6: ALCOHOLIC LIQUORS
CHAPTERS 7-9: RESERVED
CHAPTER 10: ANIMALS
CHAPTERS 11 - 13: RESERVED
CHAPTER 14: BUILDINGS AND BUILDING REGULATIONS
CHAPTER 15: BUSINESSES
CHAPTERS 16 - 17: RESERVED
CHAPTER 18: CABLE COMMUNICATIONS
CHAPTERS 19 - 21: RESERVED
CHAPTER 22: COMMUNITY DEVELOPMENT
CHAPTERS 23 - 25: RESERVED
CHAPTER 26: RESERVED
CHAPTERS 27 - 29: RESERVED
CHAPTER 30: FIRE PREVENTION AND PROTECTION
CHAPTER 31: RESERVED
CHAPTER 32: MUNICIPAL CIVIL INFRACTIONS
CHAPTER 33: RESERVED
CHAPTER 34: OFFENSES
CHAPTERS 35 - 37: RESERVED
CHAPTER 38: PARKS AND RECREATION
CHAPTERS 39 - 41: RESERVED
CHAPTER 42: PLANNING
CHAPTERS 43 - 45: RESERVED
CHAPTER 46: SOLICITORS AND CANVASSERS
CHAPTERS 47 - 49: RESERVED
CHAPTER 50: SOLID WASTE
CHAPTER 51: RESERVED
CHAPTER 52: PROPERTY MAINTENANCE AND NUISANCE ABATEMENT
CHAPTER 53: RESERVED
CHAPTER 54: SPECIAL ASSESSMENTS
CHAPTERS 55 - 57: RESERVED
CHAPTER 58: STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES
CHAPTERS 59 - 61: RESERVED
CHAPTER 62: SUBDIVISION REGULATIONS
CHAPTER 63: RESERVED
CHAPTER 64: TAX EXEMPTION
CHAPTER 65: RESERVED
CHAPTER 66: TRAFFIC AND VEHICLES
CHAPTER 67: RESERVED
CHAPTER 68: UTILITIES
CHAPTER 69: RESERVED
CHAPTER 70: VEGETATION
CHAPTER 71: RESERVED
CHAPTER 72: MUNICIPAL AIRPORT
CHAPTER 73: RESERVED
CHAPTER 74: VEHICLES FOR HIRE
CHAPTERS 75 - 81: RESERVED
CHAPTER 82: ZONING
PARALLEL REFERENCES
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§ 64-9 DURATION.
   This article shall remain in effect and shall not terminate so long as the mortgage loan remains outstanding and unpaid or the Authority has any interest in the property; provided, that construction of the housing development commences within one year from the effective date of this article.
(1993 Code, § 64-9) (Ord. passed 8-12-2002(2); Ord. 2017-01, passed 2-27-2017; Ord. 2020-09, passed 12-14-2020)
§ 64-10 SEVERABILITY.
   The various sections and provisions of this article shall be deemed to be severable, and should any section or provision of this article be declared by any court of competent jurisdiction to be unconstitutional or invalid the same shall not affect the validity of the article as a whole or any section or provision of this article other than the section or provision so declared to be unconstitutional or invalid. It is hereby amplified that it is the city's intent to accept a payment in lieu of taxes only for the purpose of a senior development. If the property is ever used for another purpose, or if this article is unacceptable to any state agencies, this article is declared null and void.
(1993 Code, § 64-10) (Ord. passed 8-12-2002(2); Ord. 2017-01, passed 2-27-2017; Ord. 2020-09, passed 12-14-2020)
ARTICLE II. EDMOND SENIOR APARTMENTS ON
SOUTH WASHINGTON STREET
§ 64-11 IN GENERAL.
   This article shall be known and cited as the “City of Charlotte Tax Exemption Ordinance for the Edmond Senior Apartments on South Washington Street.”
(Ord. 2017-01, passed 2-27-2017)
§ 64-12 PREAMBLE.
   (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 the sponsor, as defined in this article, is a limited dividend housing association limited partnership and has offered, subject to receipt of an allocation under the Low Income Housing Tax Credit (LIHTC) Program and a federally aided mortgage (as defined in the Act) to construct, own and operate the housing development project to be known as the Edmond Senior Apartments located in the city to serve low income persons, as defined herein, 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 all ad valorem property taxes.
(Ord. 2017-01, passed 2-27-2017; Ord. 2020-09, passed 12-14-2020)
§ 64-13 DEFINITIONS.
   For the purposes 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 or paid on behalf of all low income persons, as defined herein, of the housing development project, representing rent or occupancy charges, exclusive of charges for utilities, as defined herein.
   AUTHORITY. The Michigan State Housing Development Authority.
   CITY. The City of Charlotte, a Michigan municipal corporation.
   COMMENCEMENT OF CONSTRUCTION. The commencement of the housing development, as defined herein.
   HOUSING DEVELOPMENT PROJECT. The project being constructed at the housing development location, consisting of a building to include qualified low income residential apartment units, including approximately 50 units reserved for low income persons and such recreational, industrial, communal and educational facilities as the sponsor and/or Authority determine will improve the quality of the housing development project as it relates to housing for senior persons.
   HOUSING DEVELOPMENT LOCATION. Lots 7, 8, 11, 12, 15, 16 and the west 30 feet 6 inches of Lot 17, the dividing line being the center of a block wall, and the vacated alley south of Lot 15 and the west 1/2 of the vacated alley adjacent to Lots 7, 8, 11, 12 and 15 of the Cummings Subdivision to the original plat, City of Charlotte, Michigan and Lots 9, 10, 13, 14, the east 11 feet 1/5 inches of Lot 17, the dividing line being the center of a block wall, Lots 18, 19, 20, the vacated alley south of Lot 14 and the east 1/2 of the vacated alley adjacent to Lots 9, 10, 13 and 14 of the Cummings Subdivision to the original plat, City of Charlotte, Michigan.
   LOW INCOME PERSONS. Senior persons eligible to move into the housing development project pursuant to the Act and the Authority.
   MORTGAGE LOAN. A loan to be made by the Authority to the sponsor for the construction and/or permanent financing of the housing development.
   SENIOR PERSONS. Single persons who are 55 years of age or older or a household in which at least one member is 55 years of age.
   SPONSOR. The Edmond Senior Apartments Limited Dividend Housing Association Limited Partnership, 333 North Pennsylvania Street, Suite 100, Indianapolis, Indiana, who shall act as the owner of the housing development project.
   UTILITIES. Fuel, water, heat sanitary sewer service and/or electrical service furnished to the occupants which are paid by the housing development project.
(Ord. 2017-01, passed 2-27-2017; Ord. 2020-09, passed 12-14-2020)
§ 64-14 CLASS OF HOUSING DEVELOPMENT.
   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 are financed or assisted pursuant to the Act. It is further determined that the Edmond Senior Apartments are of this class.
(Ord. 2017-01, passed 2-27-2017; Ord. 2020-09, passed 12-14-2020)
§ 64-15 ESTABLISHMENT OF ANNUAL SERVICE CHARGE.
   (A)   Subject to the provisions of this article, the housing development project and the housing development location shall be exempt from all property taxes for the period specified in § 64-19. The city acknowledges that the sponsor and the Authority have established the economic feasibility of the housing development project in reliance upon the enactment and continuing effect of this agreement and qualification of the housing development project for the exemption from all property taxes and a payment in lieu of taxes as established in this article. Therefore, in consideration of the sponsor's offer to construct, own and operate the housing development project, the city has agreed to accept payment of an annual service charge, as defined below, for public services in lieu of all ad valorem property taxes as provided for in § 64-15(C) provided the sponsor furnishes proof, on an annual basis upon request by the city, that the number of qualified low income units in the housing development project have not increased, decreased, or been altered in any material form unless the city has otherwise amended the provisions of this article.
   (B)   In addition to the annual certified verification requirement in § 64-15(A), the tax exemption shall commence upon the acquisition of the housing development location by the sponsor. The sponsor of the housing development project eligible for exemption, or the city as appropriate and necessary, shall file with the local assessing officer a certified notification of the exemption, which shall be in an affidavit form by either the Authority, the city and/or the sponsor as appropriate. The completed affidavit form first shall be submitted to the Authority for certification by the Authority that the housing development project is eligible for the exemption. The sponsor and/or the city shall file or cause to be filed the certified notification of the exemption with the local assessing officer as soon as practically possible.
   (C)   The annual service charge shall be equal to 10% of the difference between the annual shelter rent actually collected and utilities (the "service charge").
(Ord. 2017-01, passed 2-27-2017; Ord. 2020-09, passed 12-14-2020)
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