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§ 35.15 INVALID OR ILLEGAL ASSESSMENTS.
   (A)   Whenever the Council deems any special assessment invalid or defective, or whenever a court adjudges an assessment to be illegal in whole or in part, the Council may cause a new assessment to be levied for the same purpose, whether or not the improvement or any part thereof has been completed, or any part of the special assessment collected. All proceedings on such reassessment and for the collection thereof shall be conducted in the same manner as provided for the original assessment. If any portion of the original special assessment is collected and not refunded, it shall be applied upon the reassessment, and the reassessment shall to that extent be deemed satisfied. If more than the amount reassessed is collected, the balance shall be refunded to the person making such payment.
   (B)   If in any action it shall appear that by reason of any irregularities or informalities the assessment has not been properly made against the person assessed or upon the lot or premises sought to be charged, the court may nevertheless, on satisfactory proof that expense has been incurred by the city which is a proper charge against the person assessed or the lot or premises in question, render judgment for the amount properly chargeable against such person or upon such lot or premises.
(Ord. 148, passed 5-6-69)
§ 35.16 NOTICE OF SUIT CONTESTING ASSESSMENT.
   No suit or action shall be instituted or maintained for the purpose of contesting or enjoining the collection of a special assessment unless written notice, stating an intention to contest the collection thereof and setting forth the grounds of such contest, is filed with the Clerk. Such notice shall be filed within 30 days after the date of the resolution of the Council confirming the assessment upon a single lot or premise, ordering the special assessment. Any such suit or action must be commenced within 60 days following the giving of notice.
TAX EXEMPTION FOR VILLAGE NORTH APARTMENTS AS PROVIDED BY STATE HOUSING DEVELOPMENT ACT
§ 35.25 PURPOSE.
   This subchapter is to provide for a service charge in lieu of taxes for a multiple family dwelling project for persons of low to moderate income to be financed or assisted pursuant to the provisions of the State Housing Development Authority Act of 1966, as amended. This subchapter shall be known as the "Village North Tax Exemption Ordinance."
(Ord. 237, passed 11-16-98)
§ 35.26 PREAMBLE.
   (A)   It is acknowledged that it is a proper public purpose of the state 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 PA 346, as amended, M.C.L.A. § 125.1401 et seq., M.S.A. § 16.114 (1) et seq.) 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 for persons of low to moderate income 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 provisions of this subchapter for tax exemption and the service charge in lieu of taxes during the period contemplated in this subchapter 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 Village North Limited Dividend Housing Association Limited Partnership (the "Sponsor") has offered, subject to receipt of an allocation under the Low Income Housing Tax Credit (LIHTC), to erect, own, and operate a housing development identified as Village North Apartments on certain property located at 519 and 545 Clendening Road, in the city to serve persons of low to moderate income, and that the Sponsor has offered to pay to the city on account of this Housing Development an annual service charge for public services in lieu of all taxes.
(Ord. 237, passed 11-16-98)
§ 35.27 DEFINITIONS.
   All terms shall be defined as set forth in the State Housing Development Authority Act of 1966, of the State of Michigan, as amended, except as follows.
   ACT. The State Housing Development Authority Act, being Public Act 346 of 1966, of the State of Michigan, as amended.
   ANNUAL SHELTER RENT. The total collections during a calendar year from all occupants of a housing development representing rent for occupancy charges, exclusive of charges for gas, electricity, heat or other utilities furnished to the occupants.
   AUTHORITY. The Michigan State Housing Development Authority.
   HOUSING DEVELOPMENT. A development which contains a significant element of housing for persons of low income and such elements of other housing, commercial, recreational, industrial, communal, and educational facilities as the Authority determines improve the quality of the development as it relates to persons of low income.
   ELDERLY. A single person who is 55 years of age or older or a household in which at least one member is 55 years of age and all other members are 50 years of age or older.
   SPONSOR. Persons or entities which have applied to the Authority for an allocation under the Low Income Housing Tax Credit Program to finance a Housing Development.
   UTILITIES. Fuel, water, sanitary sewer and electrical service which are paid by the Housing Development.
(Ord. 237, passed 11-16-98)
§ 35.28 CLASS OF HOUSING DEVELOPMENTS.
   It is determined that the class of housing developments to which the tax exemption shall apply and for which a service charge shall be paid in lieu of taxes shall be housing developments for elderly persons and persons and families of low to moderate income, which are financed or assisted pursuant to the Act. It is further determined that Village North Apartments is of this class.
(Ord. 237, passed 11-16-98)
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