§ 18-4.1  SERVICE CHARGE IN LIEU OF TAXES FOR HOUSING FACILITIES FOR CERTAIN PERSONS.
   (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 income and to encourage the development of such housing by providing for a service charge in lieu of property taxes in accordance with State Housing Development Authority Act, being Act 346 of the Acts of 1966, being MCLA §§ 125.1401 et seq., as amended. The City of Flint is authorized by said Act to establish or charge a service charge to be paid in lieu of taxes by any or all classes of housing exempt from taxation under the act at any amount it chooses, not to exceed the taxes that would be paid but for the Act. It is further acknowledged that such housing for persons of low income is a public necessity and as the City of Flint will be benefitted and improved by such housing, the encouragement of the same by providing certain real estate tax exemption therefor is a valid public purpose; further, the continuance of the provisions of §§ 18-4.1 through 18-4.8 hereof for tax exemption and the service charge in lieu of taxes during the periods hereinafter contemplated are essential to the determination of economic feasibility of housing developments which are constructed and financed in reliance thereon.
   (b)   The City acknowledges that River Village 2010 Limited Dividend Housing Association L.L.C, a Michigan Limited Liability Company, has offered, subject to receipt of a mortgage loan from the Authority for an Authority-aided or federally-aided mortgage, to acquire, renovate, own and operate a housing development on certain property located in what has been identified as the Doyle urban renewal area and the Oak Park urban renewal area in the City to serve elderly persons and persons of low income, and that River Village has offered to pay the City on account of said development an annual service charge for public services in lieu of all taxes. The City further acknowledges that the River Village Project (previously known as the Oxford Project) fits within the class as described in § 18-4.3. The annual service charge shall be equal to 4% of the difference between the contract rents actually collected and utilities; however, the service charge shall not exceed taxes that would be paid absent this tax exemption.
   (c)   The City acknowledges that Wendall Addington, subject to receipt of a mortgage loan from the Authority, will duly organize Flint Limited Dividend Housing Association (FLDHA), a limited partnership, to erect, own and operate a housing development identified as Schafer Square Apartments on certain property located in the Doyle urban renewal area in the City to serve persons of low income, and that the FLDHA has offered to pay the City on account of this housing development an annual service charge for public services in lieu of all taxes. The City further acknowledges that the Schafer Square Apartments Housing Project fits within the class as described in § 18-4.3 below. The annual service charge shall be equal to 4% of the difference between the contract rents actually collected and utilities; however, the service charge shall not exceed taxes which would have been paid absent this tax exemption.
   (d)   The City acknowledges that Wendall Addington, subject to receipt of a mortgage loan from the Authority, will duly organize Atherton Limited Dividend Housing Association (ALDHA), a limited partnership, to erect, own and operate a housing development identified as Rosehaven Manor Apartments on certain property located at the southwest corner of Atherton and Hammerberg Roads in the City to serve elderly persons of low income, and that the ALDHA has offered to pay the City on account of this housing development an annual service charge for public services in lieu of all taxes. The City further acknowledges that the Rosehaven Manor Apartments housing project fits within the class as described in § 18-4.3 below. The annual service charge shall be equal to 4% of the difference between the contract rents actually collected and utilities. However, the service charge shall not exceed taxes which would be paid absent this tax exemption.
   (e)   The City acknowledges that Court Street Village nonprofit housing corporation (“nonprofit”), subject to receipt of a mortgage loan from the Authority, will duly organize Court Street Village Limited Dividend Housing Association limited dividend partnership (“limited partnership”) to erect, own and operate a housing development identified as Court Street Village on certain property located in the Central Park urban renewal area at Court Street and Avon Streets in the City to serve elderly persons of low income and that the limited partnership has offered to pay the City on account of this housing development an annual service charge for public services in lieu of taxes. The City acknowledges that the Court Street Village elderly housing shall be afforded tax benefits of paying a service charge in lieu of taxes. The City further acknowledges that Court Street Village fits within the class as described in § 18-4.3 below. The annual service charge for the class of elderly persons of low income shall be equal to 4% of the difference between contract rents actually collected and utilities; however, the service charge shall not exceed taxes which would be paid absent this tax exemption.
   (f)   The City acknowledges that Flint Community Development Corporation (FCDC), subject to receipt of a mortgage loan from the Authority, will duly organize Carriage Town Limited Dividend Housing Association Limited Partnership to erect, own and operate a housing development identified as Carriage Town Square Apartments on certain property located in the Grand Traverse Urban Renewal Area at Grand Traverse and Water Streets in the City to serve persons of low income and that the FCDC has offered to pay the City on account of this housing development an annual service charge for public services in lieu of all taxes. The City further acknowledges that Carriage Town Square Apartments fit within the class described in § 18-4.3 below. The annual service charge shall be equal to 4% of the difference between the contract rents actually collected and utilities; however, the service charge shall not exceed taxes which would be paid absent this tax exemption.
   (g)   The City acknowledges that Court Street Village Nonprofit Housing Corporation or its assigns, subject to receipt of a mortgage loan from the authority, will erect, own and operate a housing development identified as Avon Park on certain property located on Lapeer Street in the City to serve persons of low income and that the nonprofit housing corporation has offered to pay the City on account of this housing development an annual service charge for public services in lieu of taxes. The City acknowledges that the Avon Park Housing Development shall be afforded tax benefits of paying a service charge in lieu of taxes. The City further acknowledges that Avon Park fits within the class described in § 18-4.3 below. The annual service charge shall be equal to 4% of the difference between the contract rents actually collected and utilities; however, the service charge shall not exceed taxes which would be paid absent this tax exemption.
   (h)   The City acknowledges that Court Street Village Nonprofit Housing Corporation, subject to receipt of a mortgage loan from Republic Bank, will duly organize Court Street Village South Limited Dividend Housing Association Limited Dividend Partnership (“limited partnership”) to own and operate a housing development identified as Court Street Village South on certain property located in the interchange urban renewal area at Avon, Sixth and Lapeer Streets in the City to serve elderly persons of low income and that the limited partnership has offered to pay the City on account of this housing development an annual service charge for public services in lieu of taxes. The City acknowledges that the Court Street South elderly housing shall be afforded tax benefits of paying a service charge in lieu of taxes. The City further acknowledges that Court Street South fits within the class as described in § 18-4.3 below. The annual service charge for the class of elderly persons of low income shall be equal to 4% of the difference between the collected rents actually collected and utilities; however, the service charge shall not exceed taxes which would be paid absent this tax exemption.
   (i)   The City acknowledges that Taylor Manor II Incorporated and Synergy Community Development Corporation subject to receipt of a federal aided mortgage and the authority providing a low income housing tax credit under Section 22b, will duly organize Limited Dividend Housing Association Limited Dividend Partnership (“limited dividend”) to rehabilitate, own and operate a housing development identified as Clio Woods Apartments on certain property located at 6900 Clio Road in the City to serve persons of low income and that the limited partnership has offered to pay the City on account of this housing development an annual service charge for public services in lieu of taxes. The City acknowledges that the Clio Woods Apartments shall be afforded tax benefits of paying a service charge in lieu of taxes The City further acknowledges that Clio Woods Apartments fits within the class as described in § 18-4.3 below. The annual service charge for the class of persons of low income shall be equal to 4% of the difference between the contract rents actually collected and utilities; however, the service charge shall not exceed taxes which would be paid absent this tax exemption.
   (j)   The City acknowledges that Painia Development has offered, subject to receipt of a mortgage loan from the authority or a federally-aided
mortgage, to erect, own and operate a housing development identified as Shiloh Commons on certain property located at the Old Northern High School Site and the proposed housing development is located in an area of the City to serve persons of low income, and that Painia Development Corporation has offered to pay the City on account of the development an annual service charge for public services in lieu of all taxes. The City further acknowledges that the Shiloh Commons Housing Development fits within the class as described in § 18-4.3. The annual service charge shall be equal to 4% of the difference between contract rents actually collected and utilities; however, the service charge shall not exceed taxes that would be paid absent this tax exemption.
   (k)   The City acknowledges that Mary A. Rolfe & Associates, Inc. subject to receipt of a mortgage and the authority providing a low income housing tax credit under Section 22b, will duly organize a limited dividend housing association dividend partnership (“Limited Dividend”) to construct, own, and operate a housing development identified as Eagle Ridge Square on certain property generally bounded by Russell Street on the north, Selby on the east, and Gracelawn Cemetery on the west and south, Parcel Number 7-30-301-004, located in the City to serve persons of low income and that the limited partnership has offered to pay the City on account of the housing development an annual service charge of public services in lieu of taxes. The City acknowledges that the Eagle Ridge Square shall be afforded the tax benefits of paying a service charge in lieu of taxes. The City further acknowledges that Eagle Ridge Square fits within the class as described in § 18-4.3 below. The annual service charge for the class of persons of low income shall be equal to 4% of the difference between the contract rents actually collected and utilities; however, the service charge shall not exceed taxes which would be paid absent this tax exemption.
   (l)   The City acknowledges that Jupiter/McGill Housing Group and Odyssey Housing Development Corporation subject to a receipt of a federal aided mortgage and the authority providing a low income housing tax credit under Section 22b, will duly organize a limited dividend housing association limited dividend partnership (“limited dividend”) to construct, own and operate a housing development identified as Durant Apartments on certain property located at 607 East Second Avenue, located in the City to serve persons of low income and that the limited partnership has offered to pay the City on account of the housing development an annual service charge of public services in lieu of taxes. The City acknowledges that the Durant Apartments fits within the class as described in § 18-4.3 below. The annual service charge for the class of persons of low income shall be equal to 4% of the difference between the collected rents actually collected and utilities; however, the service charge shall not exceed taxes which would be paid absent this tax exemption.
   (m)   The City acknowledges that Lapeer Gardens Arbor Villa subject to a receipt of a federal aided mortgage and the authority providing a low income housing tax credit under Section 22b, will duly organize a limited dividend housing association limited dividend partnership (“limited dividend”) to construct, own and operate a housing development identified as Lapeer Gardens Arbor Villa on certain property located at 2324 Lapeer Road, located in the City to serve persons of low income and that the limited partnership has offered to pay the City on account of the housing development an annual service charge of public services in lieu of taxes. The City acknowledges that the Lapeer Garden Arbor Villa fits within the class as described in § 18-4.3 below. The annual service charge for the class of persons of low income shall be equal to 4% of the difference between the collected rents actually collected and utilities; however, the service charge shall not exceed taxes which would be paid absent this tax exemption.
   (n)   The City acknowledges that Rosewood Manor Limited Dividend Housing Association, Limited Partnership is subject to receipt of a federal aided mortgage and the authority providing a low income housing tax credit under Section 22b, will duly organize a limited dividend housing association limited partnership (“limited dividend”) to rehabilitate, own and operate a housing development identified as Rosewood Manor on certain property located at G-5515 Martin Luther King, Jr. Blvd, located in the City to serve persons of low income, and that the limited partnership has offered to pay the City on account of this housing development an annual service charge for public services in lieu of taxes. The City acknowledges that Rosewood Manor shall be afforded tax benefits of paying a service charge in lieu of taxes, the City further acknowledges that Rosewood Manor fits within the class as described in § 18-4.3. The annual service charge for the class of persons of low income shall be equal to four percent (4%) of the difference between the collected rent actually collected and utilities; however, the service charge shall not exceed taxes which would be paid absent this tax exemption.
   (o)   The City acknowledges that Rosewood Riverside Townhomes Limited Dividend Housing Association, Limited Partnership, subject to receipt of a mortgage loan from the Michigan State Housing Development Authority (MSHDA), will erect, own and operate a thirty-nine unit low income housing development identified as Rosewood Riverside Townhomes on certain property commonly known as 110 N. Grand Traverse in the City to serve persons of low income and that the limited partnership has offered to pay the City on account of this housing development an annual service charge for public services in lieu of taxes. The City acknowledges that the Rosewood Riverside Townhomes low-income housing shall be afforded tax benefits of paying a service charge in lieu of taxes. The City further acknowledges that Rosewood Riverside Townhomes fits within the class as described in § 18-4.3 below. The annual service charge for the class of persons of low income shall be equal to six percent (6%) of the difference between the contract rents actually collected and utilities; however, the service charge shall not exceed taxes which would be paid absent this tax exemption.
(Ord. 2621, passed 1-23-1978; Ord. 3010, passed 10-13-1986; Ord. 3032, passed 3-23-1987; Ord. 3055, passed 4-25-1988; Ord. 3118, passed 11-13-1989; Ord. 3196, passed 2-24-1992; Ord. 3208, passed 6-22-1992; Ord. 3240, passed 7-26-1993; Ord. 3320, passed 1-8-1996; Ord. 3324, passed 2-12-1996; Ord. 3349, passed 6-23-1997; Ord. 3363, passed 2-9-1998; Ord. 3367, passed 3-23-1998; Ord. 3368, passed 3-23-1998; Ord. 3377, passed 7-27-1998; Ord. 3390, passed 12-7-1998; Ord. 3396, passed 2-8-1999; Ord. 3440, passed 8-23-1999; Ord. 3450, passed 2-28-2000; Ord. 3454, passed 4-10-2000; Ord. 3481, passed 10-8-2001; Ord. 3482, passed 10-8-2001; Ord. 3490, passed 3-11-2002; Ord. 3517, passed 9-22-2003; Ord. 3522, passed 3-8-2004; Ord. 3794, passed 6-27-2011; Ord. 3807, passed 11-28-2011)
Statutory reference:
   State Housing Development Authority Act of 1966, see MCLA 125.1401 et seq.