20.01 DOWNTOWN DEVELOPMENT AUTHORITY

20.01 DOWNTOWN DEVELOPMENT AUTHORITY

(a) Organization.

1. The Authority shall be under the supervision and control of a Board consisting of the Village President and eight (8) members appointed by the Village Council. At least five (5) of the members shall be business persons having an interest in property located in the downtown district. Of the members first appointed, two (2) shall be appointed for one (1) year, two (2) for two (2) years, two (2) for three (3) years, and two (2) for four (4) years. Thereafter, a member shall serve for a term of four (4) years. An appointment to fill a vacancy shall be made by the Village Council President for the unexpired term only, subject to the approval of Village Council. Members of the Board shall serve without compensation, but shall be reimbursed for actual and necessary expenses. The Chairperson of the Board and Officers shall be elected by the Board.

(b) Pursuant to notice and after having been given an opportunity to be heard, a member of the Board may be removed for cause by the Village council, subject to review by the Oakland County Circuit Court.

(c) Duties. The Downtown Development Authority -- Village of Beverly Hills as herein created shall be charged with the following duties:

1. Prepare an analysis of economic changes taking place in the downtown district.

2. Study and analyze the impact of a maturing community upon the downtown district.

3. Plan and propose the construction, the renovation, repair, remodeling, rehabilitation, restoration, preservation, or reconstruction of a public facility, which may be necessary or appropriate to the execution of a plan which, in the opinion of the Board, aids in the economic growth of the downtown district.

4. Develop long-range plans, in cooperation with the Village Planning Board, designed to prevent the deterioration of property values in the downtown district, and take such steps as may be necessary to persuade property owners to implement the plans to the fullest extent possible.

5. Implement any plan of development in the downtown district necessary to achieve the purposes of this Ordinance, in accordance with the powers of the Authority as granted by this Ordinance.

6. Make and enter into contracts necessary or incidental to the exercise of its powers and the performance of its duties.

7. Acquire easements or rights-of-way by purchase or otherwise, on terms and conditions and in a manner the Authority deems proper and which is reasonably necessary to achieve the purposes of this Ordinance, and to grant or acquire licenses, easements, and options with respect thereto.

8. Accept grants and donations of property, labor, or other things of value from a public or private source.

(b) Financing. The activities of the Authority shall only be financed from one or more of the following sources:

1. Donations to the Authority for the performance of its functions.

2. Monies borrowed and to be repaid as authorized by Section 13 of Act No. 197 of the Public Acts of 1975, as amended.

3. Proceeds of a tax increment financing plan, established under Sections 14 - 16 of Act No. 197 of the Public Acts of 1975, as amended.

4. Monies obtained from other sources approved by the Council of the Village of Beverly Hills.

5. Monies received by the Authority and not covered under Subsection 1 shall be immediately deposited to the credit of Authority, subject to disbursement pursuant to Act No. 197 of the Public Acts of 1975, as amended. Except as provided in Act No. 197 of the Public Acts of 1975, as amended, the Village shall not obligate itself, nor shall it ever be obligated to pay any sums from public monies, other than monies received by the Village pursuant to this section, for or on account of the activities of the Authority.

(c) Development Plans. When the Board decides to finance a project in the downtown district by tax increment financing as authorized in Section 14, 15, and 16 of Act No. 197 of the Public Acts of 1975, as amended, it shall prepare a development plan. The development plan shall contain:

1. The designation of boundaries of the development area in relation to highways, streets, streams, or otherwise.

2. The location and extent of existing streets and other public facilities within the development area and shall designate the location, character, and extent of the categories of public and private land uses then existing and proposed for the development area, including residential, recreational, commercial, industrial, educational, and other uses and shall include a legal description of the development area.

3. A description of existing improvements in the development area to be demolished, repaired, or altered, a description of any repairs and alterations, and estimate of the time required for completion.

4. The location of existing improvements in the development area.

5. A statement of the construction or stages of construction planned, and the estimated time of completion of each stage.

6. Description of any parts of the development area to be left as open space and the use contemplated for the space.

7. A description of any portions of the development area which the Authority desires to sell, donate, exchange, or lease to or from the municipality and the proposed terms.

8. A description of any desired zoning changes and changes in streets, street levels, intersections, and utilities.

9. An estimate of the cost of the development, a statement of the proposed method of financing the development and the ability of the Authority to arrange the financing.

10. The procedures for bidding for the leasing, purchasing, or conveying in any manner of all or a portion of the development upon its completion, if there is no express or implied agreement between the Authority and persons, natural or corporate, that all or a portion of the development will be leased, sold or conveyed in any manner to those persons.

11. A plan for compliance with Act No. 227 of the Public Acts of 1972, amended, being Section 213.321 to 213.332 of the Michigan Compiled Laws.

12. Other material which the Authority, local public agency, or governing body deems pertinent.

(d) Governing Procedures. The Downtown Development Authority -- Village of Beverly Hills shall only have the power and duties prescribed by Act No. 197 of the Public Acts of 1975, as amended, and consistent with this Ordinance. Any questions of interpretation of the powers and duties and responsibilities of the Authority shall be resolved first by reference to this Ordinance and then by reference to Act No. 197 of the Public Acts of 1975, as amended, as it is not inconsistent with this Ordinance. The Authority shall provide the Village Council and Planning Board with all reports and studies regulating the formation and implementation of project development plans.

(e) Boundaries. The Authority shall exercise its power within the following described area:

Beginning at the intersection of the centerlines of Southfield Road and Thirteen Mile Road heading north along the Southfield Road centerline to the centerline of Beverly Road, then west along the centerline of Beverly Road to the rear lot line of TH 24-02-426-009 (Medical Village), south to Gould Court, west on the southern property line of TH 24-02-462-013 to the rear lot line of TH 24-02-427-006 (McDonalds) south along the rear lot line to the northern property line of TH 24-02-427-008 (Beverly Hills Racquet Club) then west to the rear lot line then south along the rear lot lines to the north lot line of TH 24-02-479-02 (Huntley Square) then east to rear lot line of TH 24-02-480-006 (Steve Petix) then south along the rear lot lines of properties bordering Southfield Road to the north right-of-way line of 13 Mile, then west to the east lot line of TH 24-02-478-003 (Village Hall) then north to the north lot line then west to west lot line of TH 24-02-451-019 (Village Hall) then south along the west lot line to the south lot line then west to the east lot line of TH 24-02-456-013 then north to the north lot line then west to the west lot line of TH 24-02-456-011 then south to the centerline of Thirteen Mile then east to the point of beginning.

(f) Development Plan Approved. The development plan for the development area within the downtown district established pursuant to Act No. 197 of the Public Acts of 1975, as amended, as prepared by the Village of Beverly Hills Downtown Development Authority and submitted to the Village Council, is hereby approved by the Village Council.