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The City Council hereby determines that it is necessary for the best interests of the city to halt property value deterioration and increase property tax valuation where possible in the business district of the city, to eliminate the causes of that deterioration and to promote economic growth by establishing a Downtown Development Authority pursuant to Act 197.
(`73 Code, 13.003, § 3) (Ord. eff. 6-17-85)
There is hereby created pursuant to Act 197 a Downtown Development Authority for the city. The Authority shall be a public body corporate and shall be known and exercise its powers under title of Cheboygan Downtown Development Authority. The Authority may adopt a seal, 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 by this subchapter and Act 197. The enumeration of a power in this subchapter or in Act 197 shall not be construed as a limitation upon the general powers of the authority.
(`73 Code, 13.004, § 4) (Ord. eff. 6-17-85)
The downtown district in which the Authority shall exercise its powers as provided by Act 197 shall consist of the following described territory in the city, subject to such changes as may hereinafter be made pursuant to this chapter and Act 197:
Commencing at Reference Point #4 of the Michigan Department of Natural Resources Environmental Area #5-9 Boundary Description in Cheboygan Township, T18N, R1W, Michigan, Sections 29 and 30; distant from the point of beginning at the ordinary high water line of Lake Huron where it intersects the NW right of way of Huron Street, thence SWly along said ROW 560 ft.; thence N 56º W 360 ft.; thence S 20º E 160 ft.; thence S 64º W 225 ft.; thence S 44º W 470 ft.; thence N 82º W 170 ft.; thence N 4º W 200 ft.; thence N 72' W 500 ft. to the said Reference Point #4 thence from that said point of commencement S 78º W 330 ft.; thence S 16º W 280 ft.; thence S 53º E 610 ft.; thence S 36º W to the northern right-of-way of Lake St.; thence southerly along the centerline of Cass St. to the southern right-of-way of First St.; thence easterly along said right-of-way line to center line of Clinton St.; thence southerly along center line Clinton Street to the center line of Mackinaw Avenue; then Wly along said center line to the center line of May St., extended, then Sly along said center line extended to center line of Backus St.; thence easterly along said center line to center line Huron St.; thence southerly along said center line to a point which is 122 ft. southerly of south right-of-way Locust St.; thence Ely at right angles to center line Huron St. 132 ft.; thence southerly parallel to Huron St. to northerly right-of-way Nelson St.; thence easterly along right-of-way line across the Cheboygan River, to the center line of “A” St., extended, thence northerly along said center line to the center line of State St.; thence easterly along said center line to the center line of Coast Guard Drive; thence northerly along said center line to its intersection with the ordinary high water line of Lake Huron; thence Wly along said ordinary high water line across the Cheboygan River to the point of commencement.
(`73 Code, 13.005, § 5; 13.010, § 10) (Ord. eff. 6-17-85; Am. Ord. passed 3-4-86)
The Authority shall be under supervision and control of a Board of Directors consisting of the Chief Executive Officer of the city and eleven members as provided by Act 197 of 1975, being M.C.L.A. §§ 125.1651 et seq. The members shall be appointed by the Chief Executive Officer subject to approval by the Council and shall hold office for the terms provided in Act 197 of 1975, being M.C.L.A. § 125.1654. All members shall hold office until the members’ successor is appointed.
(`73 Code, 13.006, § 6) (Ord. eff. 6-17-85; Am. Ord. eff. 11-12-02; Am. Ord. eff. 1-28-08)
Except as specifically otherwise provided in this subchapter the Authority shall have all powers provided by law subject to the limitations imposed by law and herein.
(`73 Code, 13.007, § 7) (Ord. eff. 6-17-85)
Statutory reference:
Powers of downtown development authorities, see M.C.L.A. § 125.1657
(A) The fiscal year of the Authority shall begin on July 1 of each year and end on June 30 of the following year, or such other fiscal year as may hereafter be adopted by the city.
(B) The Board shall annually prepare a budget and shall submit it to the Council on the same date that the proposed budget for the city is required by the Charter to be submitted to the Council. The Board shall not finally adopt a budget for any fiscal year until the budget has been approved by the City Council. The Board 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.
(C) The Authority shall submit financial reports to the Council at the same time and on the same basis as departments of the city are required to submit reports. The Authority shall be audited annually by the same independent auditors auditing the city and copies of the audit report shall be filed with the Council.
(`73 Code, 13.009, § 9) (Ord. eff. 6-17-85)
Cross-reference:
Date of city budget, see Charter sec. 11.2
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