Chapter 2
ADMINISTRATION*
__________
* State Law References: Public offices and
officers, general duties, M.S.A., § 28-746 et seq.; public records generally,
M.S.A., § 28.759 et seq.; uniform system of accounts, M.S.A., § 5.2073; annual
financial report of city clerk, M.S.A., § 5.3188(10).
__________
Art.
I. In General, §§ 2-1--2-13
Art.
II. Purchases, Contracts, Sales, §§ 2-14--2-36
Art.
III. Personnel Rules, Regulations and Benefits, §§ 2-37--2-93
Div.
1. Generally, §§ 2-37--2-50
Div.
2. Merit System Board, §§ 2-51--2-65
Div.
3. Personnel Policies, Rules and Regulations, §§ 2-66--2-84
Div.
4. Police and Fire Retirement System, §§ 2-85--2-93
Art.
IV. Municipal Planning Commission, §§ 2-94--2-129
Art.
V. Zoning Board of Appeals, §§ 2-130--2-145
Art.
VI. Housing Commission, §§ 2-146--2-180
Art.
VII. Reserved, §§ 2-181--2-194
Art.
VIII. Reserved, §§ 2-195--2-209
Art.
IX. Local Officers' Compensation Commission, §§ 2-210--2-214
Art.
X. Unemployment Compensation System, §§ 2-215--2-239
Art.
XI. General Requirements for Members of Boards and Commissions, §§ 2-240--2-249
Art.
XII. Reserved, §§ 2-250--2-259
Art.
XIII. Tax Exemption and Payment in Lieu of Taxes, §§ 2-260--2-270
Art.
XIV. Dial-a-ride Advisory Commission, §§ 2-271--2-279
Art.
XV. Abolishment of Office of Constable, §§ 2-280--2-289
Art.
XVI. Reserved, §§ 2-290--2-297
ARTICLE I.
IN
GENERAL
Sec. 2-1. Tax assessment
day established.
The 31st day of
December shall be the tax day in the city. The taxable status of persons and
real and personal property shall be determined as of the tax day.
Sec. 2-2. Time for
making tax assessment roll.
The city assessor
shall, on or before the first Monday in March, make and complete the assessment
roll.
State Law References: Time to complete
assessment roll, M.S.A., § 7.24.
Sec. 2-3. Meetings of
tax board of review.
The board of review
shall meet for the purpose of reviewing and correcting the assessment roll at a
public place and at such hours as may be designated by the city council by
resolution. The first session shall convene on the second Monday in March of
each year and shall continue in session from day to day for the purpose of
considering and correcting the roll for three (3) days, and as much longer as
may be necessary. In such cases where the assessed value is increased or any
property added to the roll by the board, the secretary shall, forthwith, give
notice to the owners thereof according to the last assessment roll of the city
by first class mail placed in the Midland Post Office not later than midnight
of the Thursday following the first meeting of the board. The second session of
the board shall convene on the third Monday in March of each year and shall
continue in session for one (1) day and as much longer as may be necessary. The
review of assessments shall be completed on or before the first Monday in
April.
Sec. 2-4. Precinct
boundaries.
Precinct boundaries
shall be established from time to time. Ordinances establishing precinct
boundaries are hereby saved from repeal, and no provision of this Code or of
the ordinance adopting this Code shall be constructed as repealing such
ordinances.
Sec. 2-5. Reserved.
Editors Note: Ord. No. 948, § 1, adopted June
18, 1979, repealed former § 2-5 which pertained to a tax exemption for elderly
citizens in Green Hill housing development and was derived from Ord. No. 892, §
1, adopted Aug. 9, 1976.
Secs. 2-6--2-13.
Reserved.
ARTICLE II.
PURCHASES,
CONTRACTS, SALES
Sec. 2-14.
"Purchase, " "contracts" defined.
For the purposes of
this article, purchases and contracts are defined as materials,
equipment or labor or combinations thereof made as a single commitment but do
not include the regular personal services of city employees or charges for
noncapital, public utility expenditures.
(Ord. No. 1198, § 1,
9-24-90; Ord. No. 1302, § 1, 9-26-94)
Editors Note: Ord. No. 1302, § 1, adopted
September 26, 1994, renumbered former § 2-15 as a new § 2-14.
Sec. 2-15. City
manager's duty--Purchases, contracts under three thousand dollars.
The city manager,
subject to budgetary appropriations, is authorized to make purchases and
contracts in an amount not to exceed three thousand dollars ($3,000.00) without
further approval of the city council. Such purchases or contracts may be made
either with or without soliciting competitive prices, depending upon the
judgment of the city manager.
(Ord. No. 938, § 1,
10-2-78; Ord. No. 1095, § 1, 9-9-85; Ord. No. 1198, § 1, 9-24-90; Ord. No.
1302, § 2, 9-26-94)
Editors Note: Ord. No. 1302, § 2, adopted
September 26, 1994, renumbered form § 2-16 as a new § 2-15.
Sec. 2-16.
Same--Purchases, contracts between three thousand dollars and ten thousand
dollars.
The city manager,
subject to budgetary appropriations, is authorized to make purchases and
contracts in an amount estimated to exceed three thousand dollars ($3,000.00)
but not to exceed ten thousand dollars ($10,000.00) without further approval of
the city council. Such purchases or contracts shall require that the city
manager solicit written price quotations. This provision shall not apply on
purchases or contracts where, in the opinion of the city manager, written price
quotations are impractical.
(Ord. No. 1302, § 3,
9-26-94)
Sec. 2-17.
Same--Purchase, contracts between ten thousand dollars and twenty thousand
dollars.
The city manager,
subject to budgetary appropriations, is authorized to make purchases and
contracts in an amount estimated to exceed ten thousand dollars ($10,000.00)
but not to exceed twenty thousand dollars ($20,000.00) without further approval
of the city council. Such purchases or contracts shall require that the city
manager advertise for sealed proposals. This provision shall not apply on
purchases or contracts where, in the opinion of the city manager, sealed
proposals are impractical.
(Ord. No. 1302, § 4,
9-26-94)
Sec. 2-18.
Same--Purchases, contracts above twenty thousand dollars.
Purchases or contracts
estimated to exceed twenty thousand dollars ($20,000.00) shall require that the
city manager advertise for sealed proposals. The award shall be made by
official action of the city council. This provision shall not apply on
purchases or contracts where, in the opinion of the city council as expressed
by a four-fifths ( 4/5) vote, sealed proposals are impractical.
(Ord. No. 1095, § 2,
9-9-85; Ord. No. 1198, § 1, 9-24-90; Ord. No. 1302, § 5, 9-26-94)
Sec. 2-19. Securing
professional services.
No sealed proposals
shall be required for purchases or contracts for professional services.
Sec. 2-20. Purchases,
contracts made with funds received as gifts.
With the approval of
the city council, purchases may be made or contracts awarded for the furnishing
of material, equipment, labor, or a combination thereof involving the
expenditure of funds received as gifts, and therefore not public funds, without
the necessity of soliciting competitive quotations or sealed bids by the city.
Sec. 2-21. When property
may be sold.
Whenever any city
property, real or personal, is not needed for corporate or public purposes,
such property may be sold.
Sec. 2-22. Sale by city
manager--Personal property valued under twenty thousand dollars.
Personal property not
exceeding twenty thousand dollars ($20,000.00) may be sold for cash by the city
manager after receiving competitive quotations therefor, for the best price
obtainable unless it is determined by the city manager that competitive
quotations are impractical or unwarranted, or may be traded to the vendor of
new equipment replacing it. Personal property purchased in whole or in part for
resale by the city is exempt from this section provided that city costs are
fully recovered.
(Ord. No. 971, § 1, 2-4-80;
Ord. No. 1313, § 1, 2-27-95)
Sec. 2-23.
Same--Personal property valued in excess of twenty thousand dollars.
The sale or trade of
personal property with a value in excess of twenty thousand dollars
($20,000.00) shall be determined by official action of the city council prior
to advertising for sealed proposals. The sale or trade of personal property
with a value in excess of twenty thousand dollars ($20,000.00) shall be awarded
by official action of the city council on the basis of sealed proposals unless,
by a four-fifths ( 4/5) vote of the council, sealed proposals are deemed
impractical or unwarranted. Personal property purchased in whole or in part for
resale by the city is exempt from this section provided that city costs are
fully recovered.
(Ord. No. 971, § 1, 2-4-80;
Ord. No. 988, § 1, 10-13-80; Ord. No. 1313, § 1, 2-27-95)
Sec. 2-24. Sale of
personal property at auction.
In addition to the
procedure set forth in this article for the sale of personal property, the
council may authorize the sale of personal property at public auction.
Sec. 2-25. Real
property.
Real property shall be
sold or traded in the same manner as set forth in section 2-23 above, unless
the council, by a four-fifths ( 4/5) vote, shall determine that it is clearly
to the city's advantage to sell such property without competitive bid.
Sec. 2-26. Advertising
for sealed proposals.
In advertising for
sealed proposals, at least one publication shall be made in the local paper.
Such advertisement shall reserve the right of the city to reject any or all
bids, or waive any irregularities therein.
Sec. 2-27. Vendor
suspension.
The purchasing agent,
upon approval of the director of fiscal services, shall have the authority to
suspend vendors whose performance of city contracts and purchase orders has
been seriously deficient. Suspension shall include, but not be limited to,
removal from the bidders list, nonconsideration of bids or quotes submitted,
cancellation of awards and other procedures to prevent the suspended vendor
from receiving city business.
The purchasing agent
shall notify the vendor in writing of the vendor's suspension and the reason(s)
thereof. The vendor may appeal the purchasing agent's decision to the city
manager. The appeal must be made in writing and forwarded to the city manager
within ten (10) business days of the written notification of suspension. If the
vendor is not satisfied with the city manager's ruling, the vendor may submit a
written appeal to the city council no later than four (4) weeks from the date
of the city manager's ruling. City council shall not consider any appeals
received after the expiration of the four week period.
The purchasing agent
shall determine the suspension period, which shall not exceed one (1) year, and
shall conduct a review of the situation that caused the suspension at the end
of said period. The suspension period shall be included in the notice of
suspension. A suspension may be lifted, modified or extended at the end of said
period. If a remedy of the cause of suspension is implemented and determined
acceptable to the purchasing agent prior to the end of said period, the
purchasing agent shall forward a recommendation to the city manager to remove
the vendor from the suspension list. The decision whether to remove the vendor
from the suspension list shall be the sole discretion of the city manager and
may not be appealed. A procedure for suspension of vendors, including a list of
such business practices and deficiencies that may be considered as serious and
cause for suspension, shall be created. Copies of this procedure and the list
of vendors suspended shall be available through the purchasing office.
(Ord. No. 1380, § 1,
6-2-97)
Secs. 2-28--2-36.
Reserved.
ARTICLE III.
PERSONNEL
RULES, REGULATIONS AND BENEFITS
DIVISION 1.
GENERALLY
Sec. 2-37. Definitions.
The following terms,
when used in this article shall have the following meanings unless the context
clearly requires otherwise: Administrative officer means the appointive
authorities as established by the charter or by council resolution. Competitive
examination signifies the process of determining the relative fitness of
applicants for any positions subject to the provisions of this article, such
examinations to include the consideration and rating of any test or tests held
or other appropriate methods used to determine the relative fitness of
applicants and such examinations to be used in preparing appropriate employment
lists for all positions or classes of positions subject to the provisions of
this article. Eligible means any person whose name is on a re-employment
or employment list for a given class of position. Employment list means
a list of the names of the persons arranged in the order of merit and fitness
as provided in the rules established under this article, who have been found
qualified through suitable examinations for employment in positions of a
specified class. Position means any office or place of employment in the
city classified service such that the duties and responsibilities appertaining
thereto are exercised by one person. Probationary period means a trial
working period as set forth in the rules which is made a part of the selective
process, during which the work and conduct of the employee shall be noted by
the department head or his authorized representative and reported upon to determine
whether such employee merits regular employment. Public hearing means an
opportunity for any citizen or party interested to appear and be heard at
reasonable length on the subject involved after public notice of at least five
(5) days. Public notice means publication by posting in a prominent
place in the building in which the city offices are housed which will be
accessible to the public during the business hours. Re-employment list
means a list of names of persons arranged in the order provided by rules
established under this article who have occupied positions in the city
classified service, who have been separated from the service and who are
entitled to have their names certified to department heads, when vacancies in
the class for which they are qualified are to be filled, ahead of those whose
names are on the employment list for the class. Service rating means the
evaluation of the efficiency and general worth of employees in positions
subject to the provisions of this article, as determined by the department head
or his authorized representative in the department in which the employee is
working.
Sec. 2-38. Department of
personnel--Established.
There is hereby
established a department of personnel for the purpose of administering
personnel matters.
Sec. 2-39.
Same--Composition.
The department of
personnel shall consist of:
(1) The merit system board.
(2) The director of personnel.
(3) Other appropriate officers and employees.
Sec. 2-40. City manager
to serve as director of personnel.
The executive officer
of the personnel department shall be designated as director of personnel. The
city manager shall be director of personnel, and may delegate such duties as
the charter of the city may provide.
Charter References: City manager to serve as
personnel director, § 8.2(n).
Sec. 2-41. General
duties of director of personnel.
The director of
personnel shall be the executive officer of the department of personnel and
shall initiate and direct the administrative work. It shall be his duty:
(1) To attend all regular and special meetings of the merit
system board and to maintain a record of its official proceedings.
(2) To prepare and recommend rules and regulations to the
merit system board for carrying out the provisions of this article. These rules
and regulations shall cover the following phases of the personnel program:
(a) Preparation,
installation and maintenance of a duties classification plan based on a study
of the duties and responsibilities of all positions in the city classified
service.
(b) Establishment
of procedures governing application for employment.
(c) Public
announcement of vacancies and competitive examinations.
(d) Preparation
of examinations and the development of other measures designed to assist in
passing on the qualifications of applicants for appointment to or promotion in
the city classified service.
(e) Conduct
of examinations.
(f) Establishment
of employment and re-employment lists containing the names of persons eligible
for appointment to the city classified service.
(g) Certification
and appointment of persons from eligible lists to fill vacancies in the city
classified service.
(h) Provisions
for a probationary or working test period prior to obtaining regular status
under the merit system of personnel management.
(i) Transfer
of employees from one position to another either in the same department or in a
different department.
(j) Promotion
from a position of lesser responsibility to one of greater responsibility.
(k) Demotion
from a position of greater responsibility to one of lesser responsibility.
(l) Standardization
of hours of work.
(m) Attendance
and leave regulations.
(n) Establishment,
installation and maintenance of a system of service ratings covering the
performance of employees.
(o) Establishment,
installation and maintenance of a program of training courses for city employees.
(p) Establishment,
installation and maintenance of a welfare program for city employees.
(q) Termination
of employment due to lack of work or funds, suspension for disciplinary
purposes, dismissals for just cause.
(r) Resignations
and deaths.
(s) Certification
for payrolls.
(t) Preparation,
installation and maintenance of records and forms needed for analyzing the
personnel situation.
(3) To administer such rules and regulations, to propose
amendments thereto as the needs of the service may require.
Sec. 2-42. Personnel
clerk; appointment, duties.
The director of
personnel may appoint a personnel clerk to whom he may delegate the duty of
acting in the capacity of a secretary and clerk for the merit system board. The
clerk shall be the custodian of all personnel records and shall be the official
upon or with whom all notices, requests for hearings, complaints or other
official documents shall be served or filed. The duties of the office of
personnel clerk may be combined with those of any other office in the event the
work involved does not warrant, in the discretion of the director of personnel
the creation of a special position.
Sec. 2-43. Preparation
of salary schedule plan.
The director of
personnel shall prepare or cause to be prepared a salary schedule plan for the
positions in the city service, together with regulations for the administration
of such plan. This suggested plan shall be submitted by the director of personnel
to the city council for approval and shall, when adopted, constitute the
official salary schedule plan for positions in the city service.
Sec. 2-44.
Appropriations.
The city council shall
make adequate provisions for finances to enable the department of personnel to
properly carry out the purposes of this article. Appropriations thus made
available shall be subject to administration by the city manager.
Secs. 2-45--2-50.
Reserved.
DIVISION 2.
MERIT
SYSTEM BOARD
Sec. 2-51. Created;
qualifications; appointment.
A merit system board
is hereby created. Such board shall consist of three (3) members, who shall be
appointed by the city council. All members shall believe in the merit system
for city employment.
(Ord. No. 851, § 1, 2-3-75)
Sec. 2-52. Term of
office.
Members of the merit
system board shall hold office for a term of three (3) years, or until a
successor is appointed and has qualified.
Sec. 2-53. Members to
serve without compensation.
All members of the
merit system board shall serve without compensation.
Sec. 2-54. Political
participation.
Members of the merit
system board shall not hold any other public office or serve on any political
committee or take part in the management of any political campaign.
Sec. 2-55. Internal
organization; quorum.
The merit system board
shall, at its organizational meeting, elect a chairman who shall serve for a
one-year term. Two (2) members of the board shall constitute a quorum for the
transaction of business. The merit system board shall determine its order of
business for the conduct of its meetings.
Sec. 2-56. Filling
vacancies.
Vacancies occurring in
the merit system board shall be filled in the same manner as regular
appointments for the unexpired term of office.
Sec. 2-57. Removal of
members.
The city council may
remove any member of the merit system board for malfeasance, misfeasance,
removal from city, mental incompetency, physical disability, or other good
cause, by an affirmative vote of three (3) members of the city council.
Sec. 2-58. Duties.
The merit system board
shall have general supervision over the problems of administrative policy
involved in the personnel matters prescribed in this article, and except for
the purpose of inquiry, the merit system board and its members shall deal with
the specified technical problems of administration solely through the director
of personnel. It shall be the duty of the merit system board:
(a) To
recommend to the city council, through the director of personnel, such rules
and regulations as it may deem necessary for the administration of this
article. No rule or any amendment or repeal thereof shall be effective until
approved by the city council.
(b) To
make investigations and recommendations either on complaint or on its own
motion, concerning any matters touching the administration of this article.
(c) To
sit as a body to hear appeals of any person in the city classified service
relative to any proceedings or situation having a bearing on his employment
status or conditions of employment under the provisions of this article.
(d) To
make an annual report to the city council on the activities of the merit system
board, together with recommendations concerning personnel policies.
(e) To
consider such other matters as may be referred to the board by the director of
personnel, or by the city council.
Sec. 2-59. City to
cooperate with, furnish facilities for, merit system board.
The merit system board
shall be provided with suitable quarters. All administrative officers of the
city, during usual business hours, shall grant to the members of the board, the
director of personnel and any employee of the merit system board designated by
it or him free access to premises and records under their control and shall
furnish him or them such facilities, assistance and information as he or they
may require in carrying out his or their function.
Secs. 2-60--2-65.
Reserved.
DIVISION 3.
PERSONNEL
POLICIES, RULES AND REGULATIONS
Sec. 2-66. Merit system
to be divided into two services.
The merit system of
the city shall be divided into an unclassified service and a classified
service.
Charter References: Persons declared city
employees, § 3.5.
Sec. 2-67. Unclassified
service.
The unclassified
service of the city shall consist of the following:
(a) City
manager.
(b) Administrative
officers.
(c) Officers
elected by popular vote and persons appointed to fill vacancies in such
elective offices.
(d) Members
of appointive commissions or boards.
(e) City
attorney and assistant city attorneys.
(f) Members
of boards and commissions required by law to be appointed by the city council.
(g) Employees
whose positions are funded fifty (50) per cent or more by state or federal
grants.
(h) Temporary
seasonal employees.
(i) Co-ops,
interns involved in training programs.
(Ord. No. 779, § 1, 7-6-71;
Ord. No. 853, § 1, 2-3-75; Ord. No. 961, § 1, 10-15-79)
Sec. 2-68. Classified
service.
The classified service
of the city shall consist of the following:
(a) All
persons holding offices and employment other than the offices set forth in
section 2-67.
(b) In
addition thereto, unskilled laborers for hire from time to time at an hourly
wage shall be a part of the classified service for the following purposes only:
(1) For physical fitness.
(2) Records of those so employed shall be kept and a
preference given to those heretofore employed, insofar as same is practical.
Sec. 2-69. Emergency
appointments.
If necessary to
prevent the stoppage of public business or inconvenience to the public, but not
otherwise, temporary appointments may be made by the director of personnel of
persons not on the eligible list, provided that no eligible list has been
prepared for the position, or that those on the eligible list are not
immediately available, or during the suspension of an employee, or pending
final action on proceedings to review a suspension demotion or dismissal of an
employee. Such temporary appointment shall not continue for a longer period
than six (6) months, and no person shall be eligible to serve as a temporary
appointee in any one or more positions for more than an aggregate period of six
(6) months in any fiscal year. No credit shall be allowed in the giving of
examinations for service rendered under a temporary appointment.
Sec. 2-70. Physical
standards, examination.
All applicants for
positions in the classified service of the city shall meet physical standards
to be set by the merit system board. In the case of candidates taking original
assembled or nonassembled examinations, such fitness shall be determined by
means of medical examinations to be given by a medical doctor designated by the
personnel director. Medical examination may be required of candidates taking
promotional examinations when deemed advisable by the board.
Sec. 2-71. Abuses and
frauds prohibited.
No person shall
deceive or obstruct any person in respect to his or her right to participate in
examinations under the provisions of this article, or falsely mark, grade,
estimate or report upon the examination or standing of any person tested
thereunder, or aid in so doing, or furnish to any person, except in answer to
inquiries of the merit system board, any special information for the purpose of
either improving or injuring the rating of any such person for appointment.
No applicant shall
deceive the board for the purpose of improving his chances or prospects for
appointment.
No person shall
solicit, orally or by letter, and no public officer or employee shall receive
or be in any manner concerned in the receiving or soliciting of any money or
valuable thing from any officer or employee holding a position in the
classified service for any political purpose.
No person shall use or
promise to use his influence or official authority to secure any appointment or
prospect of appointment to any position classified under this article as a
reward for personal or partisan political service.
No public officer or
employee shall by means of threats or coercion induce or attempt to induce any
person holding a position in the classified service to resign his position or
to take a leave of absence from duties or to waive any of his rights under this
article.
Sec. 2-72. Merit system
board records to be confidential.
All personnel records
and forms, including roster cards showing the complete employment history of
each officer and employee, and other required personnel records, shall be
deemed confidential, and shall not be open to general public inspection.
Sec. 2-73. Merit system
rules--To incorporate principle of merit and fitness.
The rules submitted by
the merit system board shall be prepared so that the decisions on personnel
matters shall be made solely on the basis of merit and fitness of the
individual, and the various practices and procedures established thereunder
which are to govern these decisions shall incorporate established professional
standards and techniques which will serve to further that end.
Sec. 2-74.
Same--Seniority, efficiency rules, regulations.
The merit system board
shall make all necessary and proper rules and regulations in regard to rating
of seniority and rating of efficiency.
Sec. 2-75. Promotion
policy.
Insofar as practical
and consistent with the best interests of the service, all vacancies in a
higher position in the classified service shall be filled by promotion from
within the classified service.
Sec. 2-76. Political,
religious, racial discrimination prohibited.
No person in the city
classified service or seeking admission thereto shall be appointed, demoted, or
removed or be in any way favored or discriminated against because of race or
national origin, or his political or religious opinions or affiliations.
Sec. 2-77. Political
activity.
No person holding a
position in the city classified service shall directly or indirectly use or
seek to use his authority or official influence to control or modify the
political action of any person, or during the hours of duty engage in any form
of political activity nor at any other time take such part in political
activities or political campaigns as to impair his usefulness in the position
in which he is employed. Nothing in this section, however, shall be construed
as prohibiting or preventing any such officer or employee from taking a
legitimate interest as a citizen in his government or in casting his vote for
the person of his choice.
Sec. 2-78. Classified
employee to be removed, discharged or reduced only for cause; merit system
board to establish rules.
No person or employee
holding an office or position classified and graded under the classified
service shall be removed, discharged or reduced except for just cause, which
shall not include political or religious opinions or affiliations or race or
national origin. The merit system board shall set forth in its rules such
specific causes for removal, discharge or reduction as shall constitute just
cause, provided, that the enumeration of such causes in the rules shall not be
exclusive, nor prevent removal, discharge or reduction for other just causes
shown to be detrimental to the service. Nothing in this section shall prevent
the removal, layoff or reduction in classification of a classified employee in
connection with a reduction in work force and the merit system rules shall
provide for removal, layoff and recall in such cases.
(Ord. No. 853, § 2, 2-3-75)
Sec. 2-79. Procedure
upon removal, discharge, reduction in position--Reasons for discharge to be
furnished.
A person in the
classified service who is removed, discharged or reduced in position shall be
furnished by the administrative officer making the removal, discharge or
reduction, with the reasons, in writing, for such action, and the effective
date thereof. A copy of the same shall be immediately filed with the merit
system board.
Sec. 2-80. Same--Notice
of appeal; setting hearing.
Within ten (10) days
after the effective date of any removal, discharge or reduction of any
classified city employee, an appeal may be made to the merit system board in
writing, by the employee so removed, discharged or reduced. The board, on
receiving such notice of appeal, shall set a hearing of the reasons for
removal, discharge or reduction, which date shall not be more than twenty (20)
days after the effective date of removal, discharge or reduction. Notice of the
time and place of such hearing shall be served personally or by registered mail
upon the employee appealing, at least five (5) days before the date of hearing.
Notice shall also be given the administrative officer making the removal,
discharge or reduction.
Sec. 2-81. Same--Hearing
on appeal.
The merit system board
shall conduct the hearing of the appeal filed pursuant to section 2-80 at the
time set, and may adjourn such hearing from time to time upon cause shown or
upon its own motion, provided that such adjournments shall not exceed sixty
(60) days from the effective date of removal, discharge or reduction.
The employee appealing
shall have full opportunity to be heard and may be represented by counsel.
In the course of a
hearing as herein provided for, any member of the board shall have the power to
administer oaths and shall have the power to secure by subpoena both the
attendance and testimony of witnesses and the production of books and papers
relevant to such hearing. All evidence may, at the discretion of the board, be
taken and transcribed.
Sec. 2-82. Same--Post
hearing procedure.
The merit system board
shall spread in its official minutes the facts contained in any appeal from a
discharge, removal, or reduction, its findings of facts resulting from the
hearing thereof, and its recommendation concerning the disposition of the
appeal. It shall transmit a duplicate of such minutes entry for filing with the
city clerk for his records and shall also transmit a duplicate to the city
manager.
The city manager
shall, within ten (10) days therefrom, submit in writing his decision
concerning the disposition of the appeal for filing with the city clerk, a copy
of which he shall send to the merit system board.
If, as a result of the
appeal, the merit system board finds that the employee has been discriminated
against either in the original action or in the final decision by the city
manager, because of any belief or associations, either religious or political,
or on account of race or national origin, then the merit system board shall
have the power to reinstate the employee to his original status held prior to
the action necessitating the appeal. In all other cases the decision of the
city manager shall be final.
Secs. 2-83, 2-84.
Reserved.
DIVISION 4.
POLICE
AND FIRE RETIREMENT SYSTEM
Sec. 2-85. Statement of
purpose.
In accordance with the
favorable vote by the electorate of the City of Midland on November 8, 1966,
the Fire Fighters and Police Officers Retirement Act, being Act No. 345 of the
Public Acts of Michigan of 1937, as amended, hereinafter referred to as the
"act", is adopted as the City of Midland Police and Fire Fighter
Retirement System. Said system shall hereafter be known as "The City of
Midland Police and Fire Fighter Retirement System".
(Ord. No. 1423, § 1,
7-20-98)
Sec. 2-86. Conformity
with applicable bargaining agreements.
The City of Midland
Police and Fire Fighter Retirement System is hereby amended to the extent
necessary to conform to the pension provisions provided in the existing
applicable bargaining agreements and those agreements hereafter approved by the
city council.
(Ord. No. 1423, § 1,
7-20-98)
Sec. 2-87. Retirement
board created.
A retirement board, to
be known as the Police and Fire Retirement Board, is hereby created. There
shall be five members of the Police and Fire Retirement Board, whose membership
shall consist of the following:
(1) The treasurer of the City of Midland;
(2) One (1) active member of the fire department elected by a
majority vote of the members of the fire department;
(3) One (1) active member of the police department elected by
a majority vote of the members of the police department; and
(4) Two (2) additional members who shall be appointed by the
city manager.
(Ord. No. 1423, § 1,
7-20-98)
Sec. 2-88. Terms of
office.
The terms of office
for the members of the Police and Fire Retirement Board are as follows:
(1) The treasurer of the city shall serve throughout his or
her term of office;
(2) The police and fire representatives shall each serve a
four year term. However, in the event that the member is no longer an active
employee of his or her respective department, that member's term shall
automatically expire and a new member shall be elected as provided herein.
(3) The members appointed by the city manager shall serve at
the will of the city manager.
(Ord. No. 1423, § 1,
7-20-98)
Sec. 2-89. Duties.
The retirement board
shall:
(1) Make all rules and regulations necessary to insure the
proper conduct of the business of the City of Midland Police and Fire Fighter
Retirement System.
(2) Retain such legal, medical, actuarial, clerical or other
services as may be necessary for the conduct of the affairs of the system.
(3) Cause such amounts as may be set forth in the act and the
police and fire agreements to be deducted from the salaries of active members
of the system and paid into the treasury of the system.
(4) Certify to the city council of the City of Midland the
amount to be contributed by the city as provided for under the act.
(5) Cause the examination of every disability pensioner or
beneficiary under the age of fifty-five (55) years to be made at least once a
year for the first five (5) years following his or her retirement, and at least
once every three (3) years thereafter, until he or she reaches age fifty-five
(55).
(6) Meet at least once per month. Records of all board
meetings shall be kept and all meetings shall be open to the public.
(7) Annually elect board officers as follows: one (1) member
to be president, one (1) member to be vice-president, and one (1) member to be
secretary.
(8) Disburse the pensions and other benefits payable under the
act.
(Ord. No. 1423, § 1,
7-20-98)
Sec. 2-90. Members to
serve without compensation.
No member of the board
shall receive any compensation for his or her services as a board member.
(Ord. No. 1423, § 1,
7-20-98)
Sec. 2-91. Pension
provisions.
All pension provisions
under the act and those included in contracts between the City of Midland and
City of Midland Police and Fire departments shall be followed. In the event
that a provision of the act conflicts with a provision contained in a contract,
the contract provision shall be controlling.
(Ord. No. 1423, § 1,
7-20-98)
Sec. 2-92. Pension
benefits applicable to chief and captain positions.
The City of Midland
Police and Fire Fighter Retirement System is hereby amended to provide post
retirement pension adjustments for members who retire from the position of
police chief, police captain and fire chief on or after the effective date of
this division as follows:
(1) A member who is the police chief or police captain shall
have his/her retirement benefits adjusted, as of the day following his/her
effective retirement date, so that he/she shall receive pension benefits
pursuant to the police command collective bargaining agreement.
(2) A member who is the fire chief shall have his/her
retirement benefits adjusted, as of the day following his/her effective
retirement date, so that he/she shall receive pension benefits pursuant to the
fire fighters collective bargaining agreement.
(Ord. No. 1423, § 1,
7-20-98)
Sec. 2-93. Severability.
In the event any
portion, section or subsection of this division shall be held invalid, that
portion, section or subsection shall be eliminated from this division. Such
invalidation shall not be construed to affect the validity of any other part or
portion of this division or of this Code.
(Ord. No. 1423, § 1,
7-20-98)
ARTICLE IV.
MUNICIPAL
PLANNING COMMISSION*
__________
* Charter References: Council to maintain city
planning commission; powers and duties of same, § 5.12; advisory commissions
generally, § 5.13.
Cross References: Subdivisions, Ch. 23.
State Law References: M.S.A., § 5.2991 et seq.
__________
Sec. 2-94. Creation of
municipal planning commission.
The municipal planning
commission is hereby created.
State Law References: See M.S.A. §
5.2992.
Sec. 2-95. Composition;
appointment.
The commission shall
consist of nine (9) members, who shall be appointed by the city council. One
(1) person may be a member of the zoning board of appeals, and one (1) person
may be a member of the city council.
(Ord. No. 1052, § 1,
7-25-83)
Cross References: Zoning board of appeals
membership, § 2-130.
Sec. 2-96. Terms of
office.
The terms of the
members of the commission who represent the zoning board of appeals and the
city council shall correspond to their tenure as a member of the zoning board
of appeals and the city council respectively. The terms of the remaining
members shall be three (3) years from July 1, 1947, or until a successor shall
take office, except that the respective terms of three (3) of the members first
appointed shall be for three (3) years, three (3) for two (2) years, and one
for one year.
Sec. 2-97. Holding other
municipal offices.
Members of the
commission shall hold no other municipal office, except as set forth in this
article.
Sec. 2-98. Members to
serve without compensation.
All members of the
commission shall serve without compensation.
Sec. 2-99. Removal of
members.
Members of the
commission may, after public hearing, be removed by the city council for
inefficiency, neglect of duty, or malfeasance in office.
Sec. 2-100. Filling
vacancies.
Vacancies in the
commission occurring otherwise than through the expiration of term shall be
filled for the unexpired term by the council.
Sec. 2-101. Chairman,
meetings, rules, records.
The commission shall
elect its chairman from amongst the appointed members and create and fill such
other of its offices as it may determine. The term of chairman shall be one
year, with eligibility for re-election. The commission shall hold at least one
regular meeting in each month. It shall adopt rules for transaction of business
and shall keep a record of its resolutions, transactions, findings, and
determinations, which record shall be a public record.
State Law References: See M.S.A., § 5.2994.
Sec. 2-102. Source,
limit on expenditures.
The expenditures of
the commission, exclusive of gifts, shall be within the amounts appropriated
for the purpose by the city council, which shall provide the funds, equipment,
and accommodations necessary for the commission's work.
Sec. 2-103. Master plan
for physical development of municipality--Adoption, contents, publication,
alteration.
It shall be the
function and duty of the commission to make and adopt a master plan for the
physical development of the municipality, including any areas outside of its
boundaries which, in the commission's judgment, bear relation to the planning
of the municipality. The plan, with the accompanying maps, plats, charts, and
descriptive matter shall show the commission's recommendations for the
development of such territory, including, among other things, the general
location, character, and extent of streets, viaducts, subways, bridges,
waterways, flood plains, water fronts, boulevards, parkways, playgrounds and
open spaces, the general location of public buildings and other public
property, and the general location and extent of public utilities and
terminals, whether publicly or privately owned or operated, for water, light,
sanitation, transportation, communication, power, and other purpose; also the
removal, relocation, widening, narrowing, vacating, abandonment, change of use
or extension of any of the foregoing ways, grounds, open spaces, buildings,
property, utilities or terminals; the general location, character, layout and
extent of community centers and neighborhood units; and the general character, extent
and layout of the replanning and redevelopment of blighted districts and slum
areas; as well as a zoning plan for the control of the height, area, bulk,
location and use of buildings and premises. As the work of making the whole
master plan progresses, the commission may from time to time adopt and publish
a part to cover one or more major sections or divisions of the municipality or
one or more of the aforesaid or other functional matters to be included in the
plan. The commission may from time to time amend, extend or add to the plan.
State Law References: See M.S.A., § 5.2996.
Sec. 2-104.
Same--Surveys for basis, purpose.
In the preparation of
the plan, the commission shall make careful and comprehensive surveys and
studies of present conditions and future growth of the municipality and with
due regard to its relation to the neighboring territory. The plan shall be made
with the general purpose of guiding and accomplishing a coordinated, adjusted
and harmonious development of the municipality and its environs which will, in
accordance with present and future needs, best promote health, safety, morals,
order, convenience, prosperity, and general welfare, as well as efficiency and
economy in the process of development; including, among other things, adequate
provision for traffic, the promotion of safety from fire and other dangers,
adequate provision for light and air, the promotion of the healthful and
convenient distribution of population, the promotion of good civic design and
arrangement, wise and efficient expenditure of public funds, and the adequate
provision of public utilities and other public requirements.
State Law References: See M.S.A., § 5.2997.
Sec. 2-105.
Same--Adoption of whole or parts by resolution of planning commission, hearing,
notice, certificates to council and register of deeds.
The commission may
adopt the plan as a whole by a single resolution or may by successive
resolutions adopt successive parts of the plan, said parts corresponding with
major geographical sections or divisions of the municipality or with functional
subdivisions of the subject matter of the plan, and may adopt any amendment or
extension thereof or addition thereto. Before the adoption of the plan or any
such part, amendment, extension, or addition the commission shall hold at least
one public hearing thereon, notice of the time and place of which shall be
given, not less than fifteen (15) days prior to such hearing, by one
publication in a newspaper of general circulation in the municipality and in the
official gazette, if any, of the municipality, and by registered United States
mail to each public utility company and to each railroad company owning or
operating any public utility or railroad within the geographical sections or
divisions of the municipality affected. The adoption of the plan or of any such
part or amendment or extension or addition shall be by resolution of the
commission carried by the affirmative votes of not less than six (6) members of
the commission. The resolution shall refer expressly to the maps and
descriptive and other matter intended by the commission to form the whole or
part of the plan, and the action taken shall be recorded on the map and plan
and descriptive matter by the identifying signature of the chairman and/or secretary
of the commission. An attested copy of the plan or part thereof shall be
certified to council and to the county register of deeds.
State Law References: See M.S.A., § 5.2998.
Sec. 2-106. Public
works; approval by commission and council; plans for future.
Whenever the
commission shall have adopted the master plan of the municipality or of one or
more major sections or districts thereof, no street, square, park, or other
public way, ground, or open space, or public building or structure, shall be
constructed or authorized in the municipality or in such planned section and
district until the location, character, and extent thereof shall have been
submitted to and approved by the commission. In case of disapproval the
commission shall communicate its reasons to council, which shall have the power
to overrule such disapproval by a recorded vote of not less than two-thirds (
2/3) of its entire membership. However, if the public way, ground, space,
building, structure, or utility be one the authorization or financing of which
does not under the law or charter provisions governing same, fall within the
province of the municipal council, then the submission to the planning
commission shall be by the board, commission, or body having such jurisdiction,
and the planning commission's disapproval may be overruled by such board,
commission or body by a vote of not less than two-thirds ( 2/3) of its
membership. The failure of the commission to act within sixty (60) days from
and after the date of official submission to the commission shall be deemed
approval. For the purpose of furthering the desirable future development of the
municipality under the master plan, the city planning commission, after the
commission shall have adopted a master plan, shall prepare coordinated and
comprehensive programs of public structures and improvements.
State Law References: See M.S.A., § 5.2999.
Sec. 2-107.
Same--Rescission of action by legislative body, procedure.
Whenever the council
shall have ordered the opening, widening or extension of any street, avenue or
boulevard, or whenever the council shall have ordered that proceedings be
instituted for the acquisition or enlargement of any park, playground,
playfield or other public open space, such resolution shall not be rescinded until
after the matter has been referred back to the city planning commission for a
report and until after a public hearing shall have been held. The council shall
have power to overrule the recommendation of the commission by a vote of not
less than two-thirds ( 2/3) of its entire membership.
State Law References: See M.S.A., § 5.3000.
Sec. 2-108. Publicity
and education.
The commission shall
have the power to promote public interest in and understanding of the plan and
to that end may publish and distribute copies of the plan or of any report and
may employ such other means of publicity and education as it may determine.
The commission shall,
from time to time, recommend to the appropriate public officials programs for
public structures and improvements and for the financing thereof.
It shall be part of
its duties to consult and advise with public officials and agencies, public
utility companies, civic, educational, professional, and other organizations,
and with citizens with relation to the protecting or carrying out the law.
State Law References: See M.S.A., § 5.3001.
Sec. 2-109. Acceptance
of gifts.
The municipal planning
commission shall have the right to accept and use gifts for the exercise of its
functions.
Sec. 2-110. Information
collection; entry on land.
All public officials
shall, upon request, furnish to the commission, within a reasonable time, such
available information as it may require for its work. The commission, its
members, officers, and employees, in the performance of their functions, may
enter upon any land and make examinations and surveys and place and maintain
necessary monuments, and marks thereon.
Sec. 2-111. General
powers of commission.
In general, the
municipal planning commission shall have such powers as may be necessary to
enable it to fulfill its functions, promote municipal planning, or carry out
the purposes of this article.
Sec. 2-112. Planning
commission to approve plats.
Whenever the planning
commission shall have adopted that sort of a master plan relating to the major
street system of the territory within its subdivision jurisdiction or part
thereof, and shall have filed a certified copy of such plan in the office of
the county register of deeds of the county, in which such territory or part is
located, then no plat of a subdivision of land within such territory or part
shall be filed or recorded until it shall have been approved by the planning
commission and such approval entered in writing on the plat by the chairman or
secretary of the commission.
State Law References: See M.S.A., § 5.3003.
Sec. 2-113. Regulations
governing subdivision of lands; bond to secure improvements.
Before exercising the
powers referred to in section 2-112 the planning commission shall adopt
regulations governing the subdivision of land within its jurisdiction. Such
regulations may provide for the proper arrangement of streets in relation to
other existing or planned streets and to the master plan, for adequate and
convenient open spaces for traffic, utilities, access of fire-fighting
apparatus, recreation, light and air, and for the avoidance of congestion of
population, including minimum width and area of lots.
Such regulations may
include provisions as to the extent to which streets and other utility mains,
piping, or other facilities shall be installed as a condition precedent to the
approval of the plat. The regulations or practice of the commission may provide
for a tentative approval of the plat previous to such installation; but any
such tentative approval shall be revocable and shall not be entered on the
plat. In lieu of the completion of such improvements and utilities prior to the
final approval of the plat the commission may accept a bond with surety to
secure to the municipality the actual construction and installation of such
improvements or utilities at a time and according to specifications fixed by or
in accordance with the regulations of the commission. The municipality is
hereby granted the power to enforce such bond by all appropriate legal and equitable
remedies.
Cross References: Subdivision, Ch. 23.
State Law References: See M.S.A., § 5.3004.
Sec. 2-114. Subdivision
regulations.
All subdivision
regulations shall be published as provided by law for the publication of
ordinances, and before adoption, a public hearing shall be held thereon. A copy
of such regulations shall be certified by the planning commission to the
recorders of the counties in which the municipality and territory are located.
Sec. 2-115. Approval or
disapproval of plats; procedure; effect.
The planning
commission shall approve, modify or disapprove a plat within sixty (60) days
after the submission thereof to it; otherwise such plat shall be deemed to have
been approved, and a certificate to that effect shall be issued by the
commission on demand. However, the applicant for the commission's approval may
waive this requirement and consent to an extension of such period. The ground
of disapproval of any plat shall be stated upon the records of the commission.
Any plat submitted to the commission shall contain the name and address of a
person to whom notice of a hearing shall be sent; and no plat shall be acted on
by the commission without affording a hearing thereon. Notice shall be sent to
the said address by registered mail of the time and place of such hearing not
less than five (5) days before the date fixed therefor. Similar notice shall be
mailed to the owners of land immediately adjoining the platted land, as their
names appear upon the plats in the county auditor's office and their addresses
appear in the directory of the municipality or on the tax records of the
municipality or county. Every plat approved by the commission shall, by virtue
of such approval, be deemed to be an amendment of or an addition to or a detail
of the municipal plan and a part thereof. Approval of a plat shall not be
deemed to constitute or affect an acceptance by the public of any street or
other open space shown upon the plat. The planning commission may, from time to
time, recommend to council amendments of the zoning ordinance or map or
additions thereto to conform to the commission's recommendations for the zoning
regulations of the territory comprised within approval subdivisions. The
commission shall have power to agree with the applicant upon use, height, area
or bulk requirements or restrictions governing buildings and premises within
the subdivision, provided such requirements or restrictions do not authorize
the violation of the then effective zoning ordinance of the municipality. Such
requirements or restrictions shall be stated upon that plat prior to the
approval and recording thereof and shall have the same force of law and be
enforceable in the same sanctions and penalties and subject to the same power
of amendment or repeal as though set out as a part of the zoning ordinance or
map of the municipality.
Cross References: Approval of plats, § 23-25
et seq.
State Law References: See M.S.A., § 5.3005.
Sec. 2-116. Succession
to zoning commission.
The commission shall
have all powers granted by law to the zoning commission of the municipality,
and, from and after the creation of a planning commission in such municipality,
all powers and records of the zoning commission shall be transferred to the
planning commission, however, that in the event that the existing zoning
commission shall be nearing the completion of its zoning plan, the council,
may, by resolution, postpone the transfer of the zoning commission's powers
until the completion of such zoning plan, but such postponements shall not
exceed a period of one year.
State Law References: See M.S.A., § 5.3002.
Secs. 2-117--2-129.
Reserved.
ARTICLE V.
ZONING
BOARD OF APPEALS*
__________
* Editors Note: For additional provisions relative
to the zoning board of appeals, see Art. XXXIV of the city's zoning ordinance,
being Ord. No. 727 as amended, which is on file in the office of the city
clerk.
State Law References: See M.S.A., § 5.2935(a).
__________
Sec. 2-130. Membership;
qualifications; appointment.
The zoning board of
appeals shall consist of five (5) members who shall be appointed by the city
council. The city council may also appoint not more than two (2) alternate
members to act in accordance with procedures specified in the City of Midland
zoning ordinance.
(Ord. No. 851, § 2, 2-3-75;
Ord. No. 867, § 1, 8-11-75; Ord. No. 1036, § 1, 2-21-83)
Editors Note: In conjunction with § 2-130, see
also § 34.1 of the city's zoning ordinance, Ord. No. 727, which is on file in
the office of the city clerk.
Sec. 2-131. Terms of
office.
The terms of office
for members of the zoning board of appeals shall be three (3) years from July
1, 1949, or until the successor to any member shall take office, except that
for the fiscal year of the city beginning July 1, 1983, the terms of the members
shall be adjusted so that the term of one (1) of the members shall expire on
June 30, 1984, the terms of two (2) of the members shall expire on June 30,
1985, and the terms of two (2) of the members shall expire on June 30, 1986. In
the event any alternate members to the zoning board of appeals are appointed as
provided in section 2-130, they shall be appointed for regular three-year
terms.
(Ord. No. 1036, § 2,
2-21-83)
Sec. 2-132. Members to
serve without compensation.
Members of the zoning
board of appeals shall serve without compensation.
Sec. 2-133. Removal from
office.
Members of the zoning
board of appeals may, after public hearing, be removed by the city council for
inefficiency, neglect of duty or malfeasance in office.
Sec. 2-134. Filling
vacancies.
Vacancies in the
zoning board of appeals occurring otherwise than through the expiration of a
term shall be filled for the unexpired term by the council.
Sec. 2-135.
Organization, procedure, jurisdiction, duties and powers.
The organization,
procedure, jurisdiction, duties and powers of the board of appeals shall be provided
in the Zoning Ordinance of the City of Midland.
Editors Note: Ordinance No. 727, the
city zoning ordinance, is on file in the office of the city clerk.
Secs. 2-136--2-145.
Reserved.
ARTICLE VI.
HOUSING
COMMISSION*
__________
* Charter References: Advisory commissions
generally, § 5.13.
Cross References: Buildings and building
regulations, Ch. 5; housing code, Ch. 12.
State Law References: See M.S.A., § 5.3011 et
seq.
__________
Sec. 2-146. Housing
commission created.
Pursuant to Public Act
18 of the Extra Session of 1933, as amended, there is hereby created in and for
the city a commission to be known as the Midland Housing Commission.
State Law References: See M.S.A., § 5.3011 et
seq.
Sec. 2-147. Statutory
powers of commission.
The Midland Housing
Commission shall, in addition to those powers and duties set forth in this
article, have all the powers and duties vested or permitted to be vested in
housing commissions by Public Act 18 of the Extra Session of 1933, as amended,
and any laws enacted which are supplemental thereto, it being the intention of
this article to vest in the Midland Housing Commission all powers and duties
permitted or required by law.
Sec. 2-148. Membership;
appointment of members; term of office.
The housing commission
shall consist of five (5) members to be appointed by the city manager. The term
of office of members of the housing commission shall be five (5) years. Members
of the first housing commission shall be appointed for the terms of one year,
two (2) years, three (3) years, four (4) years and five (5) years,
respectively, and annually thereafter one member shall be appointed for the
term of five (5) years.
State Law References: See M.S.A., § 5.3014.
Sec. 2-149. Members to
serve without compensation.
Members of the housing
commission shall serve without compensation.
Sec. 2-150. Removal from
office.
Members of the housing
commission may be removed from office by the city manager.
Sec. 2-151. Appointments
for unexpired terms.
Any vacancy in office
in the housing commission shall be filled by the city manager for the remainder
of the unexpired term.
Sec. 2-152. Meetings;
rules of procedure; records; quorum; officers.
The housing commission
shall meet at regular intervals, such meetings to be public. It shall adopt its
own rules of procedure, and shall keep a record of the proceedings. Three (3)
members shall constitute a quorum for the transaction of business. A president
and vice-president shall be elected by the housing commission.
State Law References: See M.S.A., § 5.3015.
Sec. 2-153. Appointment
of director of commission, other employees.
The housing commission
may appoint a director, who may also serve as secretary, and, in accordance
with the provisions of the charter and Code provisions relative to a merit
system of personnel management, such other employees as it may deem necessary.
Sec. 2-154. Establishing
duties, compensation of officers, employees.
The housing commission
shall prescribe the duties of all of its officers and employees and may, with
the approval of the city manager, fix their compensation.
Sec. 2-155. Operating
funds.
Funds for the
operation of the housing commission may be provided by the city council, but
the housing commission shall, as soon as possible, reimburse the city for all
money expended by it for the housing commission, from revenues received from
the sale of bonds.
State Law References: See M.S.A., § 5.3016.
Sec. 2-156. Powers and
duties.
The housing commission
shall have the following enumerated powers and duties:
(a) To
determine in what areas of the city it is necessary to provide proper sanitary
housing facilities for families of low income and for the elimination of
housing conditions which are detrimental to the public peace, health, safety,
morals or welfare.
(b) To
purchase, lease, sell, exchange, transfer, assign and mortgage any property,
real or personal, or any interest therein, or acquire the same by gift, bequest
or under the power of eminent domain; to own, hold, clear and improve property;
to engage in or to contract for the design and construction, reconstruction,
alteration, improvement, extension or repair of any housing project or part
thereof; to lease or operate any housing project.
(c) To
control and supervise all parks and playgrounds forming a part of such housing
development, but may contract with existing departments of the city for
operation or maintenance of either or both.
(d) To
establish and revise rents of any housing project, but shall rent all property
for such sums as will make them self-supporting, include all charges for
maintenance and operation, for principal and interest on loans and bonds and
for taxes.
(e) To
rent only to such tenants as are unable to pay for more expensive housing
accommodations.
(f) To
call upon other departments for assistance in performance of its duties, but
such departments shall be reimbursed for any added expense incurred therefor.
(g) It
shall have such other powers relating to such housing facilities project as may
be prescribed by ordinance or resolution of the city council or as may be
necessary to carry out the purposes of this article.
State Law References: See M.S.A., § 5.3017.
Sec. 2-157. Conflicts of
interest.
No member of the
housing commission or any of its officers or employees shall have any interest
directly or indirectly in any contract for property, materials or services to
be acquired by the housing commission.
State Law References: See M.S.A., § 5.3018.
Sec. 2-158. Reports to
city council.
The housing commission
shall make an annual report of its activities to the city council, and shall
make such other reports as the city council may from time to time require.
State Law References: See M.S.A., § 5.3019.
Sec. 2-159. Eminent
domain; projects declared for public purposes.
The housing commission
may recommend to the city council the institution and prosecution of
proceedings under the power of eminent domain in accordance with the state law
and the provisions of the city charter relative to condemnation. Housing
projects contemplated by this article are hereby declared to be for public
purposes within the meaning of the constitution, state laws and charter relative
to the power of eminent domain.
State Law References: See M.S.A., § 5.3020.
Sec. 2-160. Slum
clearance and housing projects declared to be for public purposes.
Slum clearance and
housing projects contemplated by this article are hereby declared to be for
public purposes within the meaning of the constitution, state laws and charter
relative to the powers of the city.
Sec. 2-161. Deeds,
contracts, leases and purchases.
All deeds, contracts,
leases or purchases entered into by the housing commission shall be in the name
of the city and shall be approved by the city council. Contracts for the
purchase of necessary materials, leases with tenants, and options need not be
so approved.
State Law References: See M.S.A., § 5.3021.
Sec. 2-162. Commission
to have control of housing projects; purchases not required to be made through
purchasing department.
The housing commission
shall have complete control of the entire housing project, including the
construction, maintenance and operation as fully and completely as if the
housing commission represented private owners. Contracts for construction or
purchase of materials entered into by the housing commission shall not be
required to be made through the city purchasing department.
State Law References: See M.S.A., § 5.3022.
Sec. 2-163. Claims.
All claims that may
arise in connection with the housing projects shall be presented as are
ordinary claims against the city; provided, that written notice of all claims
based upon injury to persons or property must be served upon the city clerk
within sixty (60) days from the happening of the injury, but the disposition
thereof shall rest in the discretion of the housing commission, and the cost of
investigation, attorneys' fees, all claims that may be allowed and final
judgments obtained from such claims shall be paid only from the operating
revenue of the housing project.
State Law References: See M.S.A., § 5.3023.
Sec. 2-164. Notes, bonds
and other obligations or claims not debts or charges against city or members of
commission.
The notes, bonds, or
other obligations or any claims of whatever nature against the housing project
shall not be debts or charges against the city, nor against any member of the
housing commission, and no individual liability shall attach for any official
act done by any member of such housing commission.
State Law References: See M.S.A., § 5.3024.
Sec. 2-165. Estimate of
costs prior to purchase, improvements, operation, etc.
Whenever the housing
commission shall determine to purchase, acquire, construct, improve, enlarge,
extend, operate or repair any housing facility, it shall first cause an
estimate to be made of the cost thereof, and the fact that such estimate has
been made and the amount thereof shall appear in the ordinance authorizing and
providing for the issuance of the bonds.
State Law References: See M.S.A., § 5.3025.
Sec. 2-166. Free
services, etc., prohibited.
No free services or
rental shall be furnished by any housing project to the city of any state
agency or to any agency, instrumentality or person.
State Law References: See M.S.A., § 5.3035.
Sec. 2-167. Management
of projects generally; minimum revenue to be produced by rentals.
The housing commission
shall manage and operate its housing projects in an efficient manner so as to
enable it to fix the rental for dwelling accommodations at the lowest possible
rates consistent with its providing decent, safe and sanitary dwelling
accommodations. The housing commission shall not construct or operate any such
project for profit. To this end, the commission shall fix the rentals for
dwellings in projects at no higher rates than it shall find to be necessary in
order to produce revenues which, together with all other money, revenue, income
and receipts from whatever sources derived available for such purposes, will be
sufficient (a) to pay, as the same becomes due, the principal and interest on
the bonds issued for such projects; (b) to meet the cost of, and to provide
for, administration, operation and maintenance of the projects, including the
cost of any insurance on the projects or on bonds issued therefor; (c) to
create, during not less than the six (6) years immediately succeeding its
issuance of any bonds, a reserve sufficient to meet the largest principal and
interest payments which will be due on such bonds in any one year thereafter
and to maintain such reserve; and (d) (1) to make payments in lieu of taxes of
at least five per cent (5%) of the shelter rentals of the project for any one
year, which sum shall be paid to the city and other taxing units in proportion
to the amount of taxes received for such unit in the year previous to the
acquiring of the site for any housing project or (2) to pay to the city and
other taxing units a sum annually in lieu of taxes equal to the amount of taxes
received, prior to the acquiring of any such project site, from the assessment
previously levied against such site.
State Law References: See M.S.A., § 5.3037.
Sec. 2-168. Records and
accounts.
The housing commission
shall install, maintain and keep proper books of record and account, separate
entirely from other records and accounts of the city, in which full and
accurate entries shall be made of all dealings or transactions of, or in
relation to the properties, business and affairs of the project. The housing
commission, not later than three (3) months after the close of any fiscal year,
shall cause to be prepared a balance sheet and an income and surplus account,
showing respectively, in reasonable detail, the financial condition of the
project at the close of such preceding calendar, operating or fiscal year and
the financial operations thereof during such year. Such balance sheets and
income and surplus accounts shall, at all reasonable times during usual
business hours, be open to examination and inspection by any taxpayer, renter
of the property of the project or any holder or owner of bonds issued under the
provisions of this article and Act No. 18 of the Public Acts of 1933, First
Special Session, or anyone acting for or on behalf of such taxpayer, renter or
bondholder.
State Law References: See M.S.A., § 3.3045.
Sec. 2-169. Regulations
as to rentals and tenant selection.
In the operation or
management of housing projects, the housing commission shall at all times
observe the following duties with respect to rentals and tenant selection:
(a) It
may rent or lease the dwelling accommodations therein only to persons of low
income.
(b) It
may rent or lease the dwelling accommodations therein only at rentals within
the financial reach of such persons of low income.
(c) It
may rent or lease to a tenant dwelling accommodations consisting of the number
of rooms, but no greater number, which it deems necessary to provide safe and
sanitary accommodations to the proposed occupants thereof, without
overcrowding.
(d) It
shall not accept any person as a tenant in any housing project if the persons
who would occupy the dwelling accommodations have an aggregate annual net
income in excess of any maximum allowed by the federal government pursuant to
federal law or regulation in any contract for financial assistance.
(e) It
shall prohibit subletting by tenants.
State Law References: See M.S.A., § 5.3054.
Sec. 2-170. Commission
may designate certain persons to execute tenant leases for commission.
The housing commission
may designate their housing managers, assistant housing managers, the
superintendent and assistant superintendent of housing operations to execute
tenant leases for the commission.
Sec. 2-171. Liberal
construction of article.
This article, being
necessary for and to secure the public peace, health, safety, convenience and
welfare of the city and the people of the city, shall be liberally construed to
effect the purposes thereof.
State Law References: See M.S.A. §
3050.
Sec. 2-172. Washington
Woods area established as site for housing for the elderly.
The following
described property, now owned by the City of Midland and held for municipal
uses, is hereby established as a site for housing for the elderly:
Beginning 40 feet west
of the northeast corner of southeast 1/4
of northwest 1/4 of Section 15, T14N
R2E; south to point 795 feet north of east-west
1/4 line; W 741.57 feet, 50°-23' W 44.64 feet; N 38°-37' west to
north 1/8 line; east to beginning,
Except south 30 feet,
and also except that portion lying southwesterly of a line lying 60 feet
northeasterly of and parallel with a line described as beginning 495.45 feet
south 38°-37' E from intersection of northeasterly line of S. Saginaw Road and
the west 1/8 line of said Section 15,
thence north 51°-23' east 240 feet to beginning point of said line to be
described, thence north 38°-37' west to north
1/8 line of said Section 15.
Nothing in this
section shall prohibit the use of said property, not actually devoted to use as
a site for housing for the elderly, for park and recreational purposes.
(Ord. No. 868, § 1, 8-5-75)
Secs. 2-173--2-180.
Reserved.
ARTICLE VII.
RESERVED*
__________
* Editors Note: Ord. No. 1307, § 1, adopted
November 7, 1994, repealed Art. VII, §§ 2-181--2-184, in its entirety. Former
Art. VII pertained to the community relations commission, and derived from the
original code, Ord. No. 778, § 1, adopted July 6, 1971 and Ord. No. 851, § 3,
adopted February 3, 1975.
Charter References: Advisory commissions
generally, § 5.13.
__________
Secs. 2-181--2-194.
Reserved.
ARTICLE VIII.
RESERVED*
__________
* Editors Note: Ord. No. 1305, § 1, adopted November
7, 1994, repealed Art. VIII, §§ 2-195--2-204, in its entirety. Former Art. VIII
pertained to the beautification commission and derived from Ord. No. 851, § 4,
adopted February 3, 1975; and Ord. No. 1227, § 1, adopted September 30, 1991.
__________
Secs. 2-195--2-209.
Reserved.
ARTICLE IX.
LOCAL
OFFICERS' COMPENSATION COMMISSION*
__________
* Charter References: Salary of members of
council, § 4.3.
__________
Sec. 2-210. Local
officers' compensation commission--Creation; composition; qualifications; terms
of office; time of appointment; vacancies; eligibility restriction.
A local officers'
compensation commission is created which shall determine the salaries of the
mayor and members of the city council. The commission shall consist of seven
(7) members who are registered electors of the city, appointed by the mayor
subject to confirmation by a majority of the members elected and serving on the
city council. The terms of office of members of said commission shall be seven
(7) years, except that of the members first appointed, one each shall be
appointed for terms of one (1), two (2), three (3), four (4), five (5), six (6)
and seven (7) years. All first members shall be appointed within thirty (30)
days after the effective date of this article. Thereafter members shall be
appointed before October 1 of the year of appointment. Vacancies shall be
filled for the remainder of the unexpired term. No member or employee of the
legislative, judicial or executive branch of any level of government or members
of the immediate family of such member or employee shall be eligible to be a member
of the commission.
(Ord. No. 832, § 1,
5-13-74)
Sec. 2-211.
Determination of salaries; rejection by council; effective date; existing
salary; expenses.
The commission shall
determine the salaries of the mayor and councilmen, which determination shall
be the salaries unless the city council, by resolution adopted by two-thirds (
2/3) of the members elected to and serving on the council, reject them. The
determinations of the commission shall be effective thirty (30) days following
their filing with the city clerk unless rejected by the city council. In case
of rejection, the existing salary shall prevail. Any expense allowance or
reimbursement paid to elected officials in addition to salary shall be for
expenses incurred in the course of city business and accounted for to the city.
(Ord. No. 832, § 1,
5-13-74)
Sec. 2-212. Meetings and
time of determination; quorum, chairman; session days; compensation and
expenses.
The commission shall
meet for not more than fifteen (15) session days after September 15, in the
year 1975, and every odd numbered year thereafter and shall make its
determination within forty-five (45) calendar days of its first meeting. A
majority of the members of the commission constitute a quorum for conducting
business of the commission. The commission shall take no action or make
determinations without a concurrence of a majority of the members appointed and
serving on the commission. The commission shall elect a chairman from among its
members. "Session days" means any calendar day on which the
commission meets and a quorum is present. The members of the commission shall
receive no compensation, but they shall be entitled to their actual and
necessary expenses incurred in the performance of their duties and shall not
have the power to expend public funds.
(Ord. No. 832, § 1,
5-13-74)
Sec. 2-213. Change of
procedure, time and method.
After one year
following the effective date of this article, the procedure for establishing
the compensation of elected officials may be changed by charter amendment or
revision.
(Ord. No. 832, § 1,
5-13-74)
Sec. 2-214. Referendum
or other petition; signatures of electors; conduct of election; effectiveness
of determination.
Within sixty (60) days
after the effective date of this article, a petition for a referendum on the
ordinance adopting this article may be filed in accordance with the procedures
provided in chapter 6 of the Midland City Charter by filing a petition with the
city clerk containing the signatures of at least five per cent (5%) of the
registered electors of the City of Midland on the effective date of this
article, in which case the election shall be conducted in the same manner as an
election on the charter amendment. If a petition for referendum is filed
pursuant to the provisions of this section, any determination of the commission
shall not be effective until the ordinance has been approved by the electors.
(Ord. No. 832, § 1,
5-13-74)
ARTICLE X.
UNEMPLOYMENT
COMPENSATION SYSTEM*
__________
* Editors Note: Ord. No. 847, § 1, adopted Dec.
16, 1974, amended this Code by adding Art. X, §§ 2-215--2-233, as herein set
out.
__________
Sec. 2-215. Established.
There is hereby
established an unemployment compensation system and benefit plan for employees
of the city to be administered by the merit system board. This plan is
established pursuant to Act No. 170 of the Public Acts of 1958, as amended, of
the State of Michigan.
(Ord. No. 847, § 1,
12-16-74)
Sec. 2-216. Definitions.
Average weekly wage with respect to a base period of employment shall be
the amount determined by dividing total wages paid by the city for credit weeks
earned in the employment of the city by the number of such credit weeks
chargeable to the city as employer.
Base period means the period of fifty-two (52) consecutive
calendar weeks ending with the day immediately preceding the first day of an
individual's benefit year.
Benefit year with respect to any individual means the period of
fifty-two (52) consecutive calendar weeks beginning with the first calendar
week with respect to which the individual who does not already have a benefit
year in effect, files a claim for benefits under this article, provided that
the individual has earned wages of at least twenty-five dollars and one cent
($25.01) in fourteen (14) or more calendar weeks within the base period. Each
such week shall be a credit week.
Benefits means the money payments payable to an eligible and
qualified individual, as provided in this article, with respect to
unemployment.
Secretary-Clerk. All references to secretary-clerk herein shall refer
to the secretary-clerk of the merit system board.
Unemployed. An individual shall be deemed unemployed with respect
to any week during which he performs no services and with respect to which no remuneration
is payable to him, or with respect to any week of less than full-time work if
the remuneration payable to him is less than his weekly benefit rate.
Wages means remuneration paid for employment but shall not
include any employee payment for life or health insurance, pension, equipment
allowance or similar payment.
(Ord. No. 847, § 1,
12-16-74)
Sec. 2-217. Benefit
rates.
Benefit payments shall
begin with the effective date of unemployment and shall be calculated according
to the following rules:
(a) The weekly benefit rate and amount of the weekly benefit
payment shall be determined in accordance with all of the relevant provisions
as set forth in Section 27 of the Michigan Employment Security Act, as amended,
and as set forth in the MESA Weekly Benefit Rate Table in effect at the time an
employee is laid off.
(b) The dependency class category of a laid-off employee shall
be determined as stipulated and provided by the Michigan Employment Security
Act, as amended. A dependent shall be defined by the Michigan Employment
Security Act, as amended.
(c) Employees shall be entitled to three (3) weeks of benefits
for each four (4) credit weeks earned working for the city, up to a maximum of
twenty-six (26) weeks of benefits for thirty-five (35) earned credit weeks,
provided that the claimant has worked at least thirty-five (35) weeks in the
fifty-two (52) weeks preceding the week in which the claimant applied for
benefits. The minimum duration shall not be less than ten and one-half (10 1/2) weeks if the claimant worked fourteen
(14) weeks and earned at least twenty-five dollars and one cent ($25.01) in
each week. An employee having worked thirty-four (34) credit weeks shall be
entitled to the maximum benefits of twenty-six (26) weeks.
(d) Any change in the rate of regular benefits and their
duration that would be mandatory to meet the requirements for equivalency with
the Michigan Employment Security Act, as amended, shall become effective on the
same day to change the method of determination of amounts of benefit payment as
provided in this section.
(Ord. No. 847, § 1,
12-16-74; Ord. No. 849, § 1, 1-6-75; Ord. No. 870, § 1, 9-8-75)
Sec. 2-218.
Authorization of payment.
Payment of
unemployment benefits shall be based on a certification from the
secretary-clerk to the finance director. Such certification shall contain all
information necessary for payment. A record of the benefits received by each
individual shall be maintained by the secretary-clerk.
(Ord. No. 847, § 1,
12-16-74)
Sec. 2-219. Employees
covered.
Except as provided by
section 2-220, employees covered by this unemployment compensation system shall
consist exclusively of the employees in the classified and unclassified service
of the City of Midland as defined by section 2-67 and section 2-68, parts (a)
and (b) of the Code of Ordinances.
(Ord. No. 847, § 1,
12-16-74)
Sec. 2-220. Employees
and persons not covered.
Employees not covered
by this unemployment compensation system shall be:
(a) Persons providing contractual service to the city as
specialists, independent contractors or employees thereof.
(b) Employees who are or were at the time of their employment
by the city students enrolled on a regular basis in high school, college,
graduate school or any other school in which their primary status is clearly
that of a student or any person hired as students.
(c) Seasonal, temporary and part-time employees as defined by
the rules of the merit system board, and employees who have not completed a
required probationary period after entrance to city service.
(d) Employees whose services are performed under a federal or
state program which derives at least fifty (50) per cent of its funds from
federal or state sources specifically allocated to such program.
(e) Service by a student under the age of eighteen (18)
regularly attending either a public or private school below the college level
and the employment was part time or within the vacation period of the school or
a part of the school curriculum.
(Ord. No. 847, § 1,
12-16-74)
Sec. 2-221. Eligibility
for benefits.
A claimant to be
eligible for benefits must be unemployed, as defined, and must make a claim for
benefits in the manner prescribed by the secretary-clerk, and further must:
(a) Be able and available to perform full-time work which he
is qualified to perform by past experience or training, and of a character
generally similar to work for which he has earned wages; and
(b) Be in compliance with registration and reporting
requirements; and
(c) Be seeking work.
(Ord. No. 847, § 1,
12-16-74)
Sec. 2-222.
Disqualifications.
A claimant is
disqualified from receiving benefits if the secretary-clerk finds that an
individual is unemployed due to an ineligible termination or separation as
specified in section 2-223, has left his work voluntarily, or has accepted
permanent full-time work with another employer, or has failed without just
cause to apply for available suitable work or has failed to accept suitable
work when offered, or has failed when directed to return to his customary work.
(Ord. No. 847, § 1,
12-16-74)
Sec. 2-223. Ineligible
terminations and separations.
An employee shall not
be eligible for benefits under the unemployment compensation system established
by this article if the unemployment shall result from:
(a) Retirement under the provisions of any plan now in effect
for city employees or which may in the future be adopted.
(b) Discharge or suspension for misconduct connected with
one's work, for intoxication while at work, for absence due to imprisonment, or
for an act of assault, theft or sabotage connected with his work.
(c) Resignations, including resignations in lieu of discharge.
(d) Leaves of absence for any reason, whether voluntary or
involuntary.
(e) Temporary separations made at the request of the employee.
(f) Participation or direct interest in a labor dispute,
including any strike, work stoppages not authorized by the city, or other
concerted action.
(Ord. No. 847, § 1,
12-16-74)
Sec. 2-224. Payment of
and restrictions on benefits.
Benefits shall be paid
weekly at a time and place fixed by the merit system board. All beneficiaries
must report weekly to the merit board office on designated days for weekly
benefit checks and determination of continuing eligibility. For continuing
eligibility a beneficiary must be actively seeking work and must be registered
with the Michigan Employment Security Commission. No beneficiary who shall
refuse any reasonable bona fide offer of employment shall receive any benefits
after such refusal.
(Ord. No. 847, § 1,
12-16-74)
Sec. 2-225. Rules and
procedures.
Rules and procedures,
including any necessary forms, may be established by the merit system board to
administer the unemployment compensation system. Such rules and procedures
shall be effective upon adoption by a majority affirmative vote of the merit
system board. The secretary-clerk or his designee may bring suit in the name of
the city to recover any moneys paid upon a fraudulent or untrue application or
claim.
(Ord. No. 847, § 1,
12-16-74)
Sec. 2-226.
Determinations.
The secretary-clerk or
his designee shall promptly make a determination after an application for
benefits is filed whether the claimant is a covered individual, eligible and
qualified to draw benefits based upon the available information. The issuance
of each benefit check shall be considered a determination that the claimant
receiving the check was a covered individual eligible and qualified for
benefits. Where a claimant refuses work or fails to apply for work or in any
other way is or becomes disqualified or ineligible for benefits, the
secretary-clerk or his designee shall promptly make a written determination of
such disqualification or ineligibility and shall send the claimant notice thereof.
(Ord. No. 847, § 1,
12-16-74)
Sec. 2-227.
Redeterminations.
Upon the written
request of any claimant within fifteen (15) days following any determination or
decision respecting qualification, eligibility or rate of benefits, the
secretary-clerk or his designee shall promptly review the prior determination
and, if necessary, may order a hearing thereon. Upon review, with or without
hearing, the secretary-clerk or his designee shall issue a redetermination
affirming, modifying or reversing the prior determination and stating the
reasons therefor. Such redetermination shall be final unless an appeal is filed
as provided in section 2-228 below.
(Ord. No. 847, § 1,
12-16-74)
Sec. 2-228. Appeals.
It shall be the duty
of the merit system board to review redeterminations and decisions of the
secretary-clerk pertaining to this unemployment compensation system, provided
that a claim of appeal is filed within fifteen (15) days of such decision or
redetermination. The time to file a claim of appeal shall not begin until an
employee has been notified in writing of his right to appeal.
(Ord. No. 847, § 1,
12-16-74)
Sec. 2-229. Merit system
board powers and duties.
The merit system board
may on its own motion affirm, modify, set aside or reverse any decision or
order on the basis of the evidence previously submitted in such case, or direct
the taking of additional evidence, or may permit any of the parties to such
decision or order to initiate further appeals before it. The merit system board
shall promptly notify parties of its findings and decisions and its reasons
therefor, but may omit the giving of any reasons if the previous order,
decision or determination is affirmed without any alteration or modification.
(Ord. No. 847, § 1,
12-16-74)
Sec. 2-230. Procedure,
reports, record of proceedings on appeal, transcripts of testimony.
The manner in which
appeals to the merit system board shall be presented, the reports thereon
required from the interested party or parties, and the procedure governing such
appeals shall be in accordance with rules prescribed by the merit system board.
A full and complete record shall be kept of all proceedings in connection with
an appeal. Staff, space and such clerical service as is needed shall be
provided by the secretary-clerk to the merit system board.
(Ord. No. 847, § 1,
12-16-74)
Sec. 2-231. Extension of
time.
Whenever the last day
of the period to apply for a redetermination or to appeal any decision,
determination or redetermination falls on a Saturday, Sunday or legal holiday,
such period shall run until the end of the next day which is not a Saturday,
Sunday or holiday.
(Ord. No. 847, § 1,
12-16-74)
Sec. 2-232. Finances.
Financing shall be
accomplished through the unemployment compensation system fund, herewith
established to account for related revenue and expenditures, including payment
of unemployment benefits. The city manager shall recommend to the city council
annual appropriations to be made for this activity.
(Ord. No. 847, § 1,
12-16-74)
Sec. 2-233. False
statements.
No person shall, with
intent to deceive, make any false or untrue statements or reports. In lieu of
criminal action based on any false or untrue statements or reports, the
secretary-clerk may recommend disciplinary or other action to the controlling
department, board or commission.
(Ord. No. 847, § 1,
12-16-74)
Secs. 2-234--2-239.
Reserved.
ARTICLE XI.
GENERAL
REQUIREMENTS FOR MEMBERS OF BOARDS AND COMMISSIONS*
__________
* Editors Note: Ord. No. 880, §§ 1--4, adopted
Feb. 3, 1975, amended this Code by adding Art. XI, §§ 2-240--2-243, as herein
set out.
__________
Sec. 2-240.
Qualifications of members of boards and commissions.
No person shall be
appointed to a board or commission established by the Charter or the Code of
Ordinances of the city unless said person shall be, at the time of his
appointment, a resident of the city, unless such requirement is specifically
waived by a four-fifths vote of the city council.
(Ord. No. 850, § 1, 2-3-75)
Sec. 2-241. Maintenance
of city residence by members of boards and commissions.
All members of boards
and commissions created pursuant to the Charter of the city or the provisions
of this Code shall hold office during the term for which they are appointed;
provided, however, that should any member of any such board or commission cease
to be a resident of the city, his position on said board or commission shall
immediately be deemed vacant and he shall no longer serve on such board or
commission, unless the council shall, by resolution of four-fifths of its
members, continue such member for the balance of his term.
(Ord. No. 850, § 2, 2-3-75)
Sec. 2-242. Effect on
prior appointments to boards and commissions.
The provisions of the
foregoing two sections of this article shall be effective only as to
appointments made after January 1, 1975.
(Ord. No. 850, § 3, 2-3-75)
Sec. 2-243. Regular
attendance by members of boards and commissions.
The position of a member of any
board or commission established by the Charter or the Code of Ordinances of the
city that meets more often than quarterly shall be considered vacant if such
members shall miss four (4) consecutive, regular held meetings of the board or
commission. Notwithstanding the
foregoing, the position of a member of any board or commission established by
the Charter or Code of Ordinances of the city shall be considered vacant if
such member shall miss more than twenty-five (25) percent of regular meetings
scheduled in any fiscal year.
Exception: The Downtown Development Authority shall be
exempt from this section.
(Ord. No. 850, § 4, 2-3-75; Ord. No. 1583, §
1, 07-19-04; Ord. No. 1606, § 1, 09-12-05)
Sec. 2-244. Expiration
of term of office.
Notwithstanding any
contrary provision or absence of provision concerning term of office in any
ordinance creating a board or commission, any member of a board or commission
established by the Code of Ordinances of the City shall hold office for the
term established by the ordinance creating such board or commission, or until a
successor is appointed by the city council.
(Ord. No. 1298, § 1,
6-27-94)
Secs. 2-245--2-249.
Reserved.
ARTICLE XII.
RESERVED*
__________
* Editors Note: Ord. No. 1309, § 1, adopted
November 7, 1994, repealed Art. XII, §§ 2-250--2-259, in its entirety. Former
Art. XII pertained to the historic advisory commission, and derived from Ord.
No. 952, § 1, adopted July 16, 1979.
__________
Secs. 2-250--2-259.
Reserved.
ARTICLE XIII.
TAX
EXEMPTION AND PAYMENT IN LIEU OF TAXES*
__________
* Editors Note: Ord. No. 1541, § 1, adopted
September 9, 2002, changed the title of art. XIII from Tax Exemption for
Charter Square and Green Hill to Tax Exemption and Payment in Lieu of Taxes.
__________
Sec. 2-260. Purpose.
It is acknowledged
that it is a proper public purpose of the State of Michigan and its political
subdivision to provide housing for its citizens of low and 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, MCLA 125.1401 et seq., MSA
116.114(1) et seq.). The city is authorized by said act to establish or change
the service charge to be aid 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 and 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 therefor is a valid
public purpose; further, that the continuance of the provisions of this article
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.
(Ord. No. 948, § 2,
6-18-79)
Sec. 2-260.1. Charter
Square.
The city acknowledges
that Charter Square Limited Dividend Housing Association (a sponsor, as defined
herein) has offered, subject to receipt of a mortgage loan from the authority,
to erect, own and operate a housing development identified as Charter Square on
certain property located at:
Southeast of
intersection of Jefferson and Wackerly Roads, Midland, Michigan, 48640; and
further described as:
A parcel of land in the fractional northwest quarter of the fractional
northwest one quarter of fractional Section 3, Township 14 North, Range 2 East,
City of Midland, Midland County, Michigan, described as follows: Commencing on
the west line of said fractional Section 3 at a point 370.00 feet, south 00
degrees 00 minutes 00 seconds west, from the northwest corner of Section 3;
thence south 89 degrees 17 minutes 20 seconds east, parallel to the north line
of said section, 895.00 feet; thence south 00 degrees 00 minutes 00 seconds
west, parallel to said west section line, 621.16 feet to the so-called north one
eighth line as defined prior deeds and evidenced by existing property corners;
thence north 89 degrees 21 minutes 47 seconds west, on said so-called north one
eight line of said section, 643.99 feet; thence north 00 degrees 00 minutes 00
seconds east, parallel to said west section line, 224.00 feet; thence north 89
degrees 21 minutes 47 seconds west, parallel to said north one eighth line,
251.00 feet to the west line of fractional Section 3; thence north 00 degrees
00 minutes 00 seconds east, on said west section line, 398.32 feet to the point
of beginning, containing 11.48 acres of land and subject to highway use of that
portion of the west 40 feet thereof lying adjacent to the west section line. in
the city to serve, in part, elderly persons of low and moderate income, and
that Charter Square Limited Dividend Housing Association has offered to pay the
city on account of the elderly portion of said development an annual service
charge for public services in lieu of all taxes.
(Ord. No. 948, § 2, 6-18-79)
Sec. 2-260.2. Green
Hill.
The city further
acknowledges that Green Hill Limited Dividend Housing Association (a sponsor,
as defined herein) in reliance upon former section 2-5 of the Code of
Ordinances of the City of Midland (Ordinance No. 892) which provided for tax
exemption similar to that proposed herein has, pursuant to a mortgage loan from
the authority, erected, operated and maintained a housing development
identified as Green Hill on certain property located at: 1010 Eastlawn,
Midland, Michigan 48640 and further described as: A parcel of land, being a
part of the Reinhart's Addition to the City of Midland, according to the plat
thereof recorded in Liber A, Page 28 of Plats, Midland County Records, and also
a part of the so-called west 7 1/2 acres
of the east 22 1/2 acres of the
northwest quarter of the southeast quarter of Section 15, Township 14 North,
Range 2 East, City of Midland, Midland County, Michigan, described as follows:
Commencing on the east and west quarter of said section at a point 1,989.53
feet, south 90 degrees 00 minutes 00 seconds west, of the east quarter corner
of said section; thence south 00 degrees 52 minutes 00 seconds west, on a line
which is parallel to and 180.00 feet, measured parallel to said east and west
quarter line, west of the west line of Pleasant Acres Subdivision, according to
the plat thereof recorded in Liber A, Page 75 of Plats, Midland County Records,
497.00 feet; thence north 89 degrees 08 minutes 00 seconds west, perpendicular
to said west line of Pleasant Acres Subdivision, 165.28 feet; thence north 38
degrees 24 minutes 21 seconds west, parallel to the northeasterly line of the
Wisconsin Street, right-of-way, 115.69 feet; thence south 51 degrees 35 minutes
39 seconds west, perpendicular to said northeasterly line, 68.00 feet; thence
north 38 degrees 24 minutes 21 seconds west, parallel to said northeasterly
line of Wisconsin Street, 220.00 feet to the northwesterly line of Lot 1 of
Block A of said Reinhart's Addition; thence north 51 degrees 35 minutes 39
seconds east, on the northwesterly line of said Lot 1, 45.00 feet to the
northwest corner of said Lot 1; thence south 38 degrees 24 minutes 21 seconds
east, on the northeasterly line of said Lot 1, 48.62 feet to the common corner
of Lots 29 and 1 of said Block A, said common corner being also located on the
northwesterly line of vacated Dexter Court; thence north 30 degrees 49 minutes
15 seconds east, on the common line of said Lot 29 and said vacated Dexter
Court, 16.75 feet to a point on the arc of a curve to the right a radius of
40.00 feet; thence northeasterly on the arc of said curve, being also the
common line of said Lot 29 and said vacated Dexter Court, 15.32 feet to a
point, said arc being subtended by a chord bearing north 41 degrees 28 minutes
48 seconds east, 15.23 feet to said point; thence north 00 degrees 53 minutes
39 seconds east, parallel to the east line of said Reinhart's Addition, 98.01
feet to the northeast corner of said Lot 29; thence north 90 degrees 00 minutes
00 seconds east, on the common line of Lots 28 and 9 of said Block A, 60.00
feet to the southwest corner of Lot 10 of said Block A; thence north 00 degrees
53 minutes 39 seconds east, on the west line of said Lot 10, 120.00 feet to the
northwest corner of said Lot 10; thence north 90 degrees 00 minutes 00 seconds
east, on the north line of said Block A, being a line which is parallel to and
40.00 feet, measured at right angles, south of the east and west quarter line
of said section, 220.00 feet to the east line of said Reinhart's Addition to
the City of Midland; thence north 00 degrees 53 minutes 39 seconds east, on
said east line of said Reinhart's Addition, 40.00 feet to said east and west
quarter line; thence north 90 degrees 00 minutes 00 seconds east, on the east
and west quarter line of said section, 66.44 feet to the point of beginning,
containing 3.37 acres of land and subject to highway use of that portion of the
north 40 feet thereof, which lies adjacent to the east and west quarter line of
said section. Also subject to existing easements for Consumers Power Company.
Also subject to an existing utility easement for the City of Midland over
vacated Dexter Court.
in the city to serve, in
part, elderly persons of low and moderate income and that Green Hill Limited
Dividend Housing Association has paid to the city on account of the elderly
portion of said development an annual service charge for public services in
lieu of all taxes as provided in former section 2-5 of the Code of Ordinances
of the City of Midland (Ord. No. 892).
(Ord. No. 948, § 2,
6-18-79)
Sec. 2-260.3. Bracken
Woods Apartments.
The city acknowledges
that Bracken Woods Limited Dividend Housing Association Limited Partnership (a
sponsor, as defined herein) has offered, subject to receipt of a mortgage loan
from the authority, to erect, own, operate and maintain a housing development
identified as Bracken Woods Apartments on certain property located at:
5301 Dublin Street,
Midland, Michigan 48640;
and further described as:
The south 660 feet of
the northeast 1/4 of the southeast 1/4 of Section 1, T14N, R1E, City of Midland,
Midland County, Michigan. And also described as: Beginning at a point of the
east line of Section 1, T14N, R1E, City of Midland, that is south 0 degrees 13
minutes 39 seconds west, 671.46 feet from the east 1/4 corner of Section 1; thence continuing
south 0 degrees 13 minutes 39 seconds west, 660.00 feet; thence north 89
degrees 43 minutes 49 seconds west, 1324.37 feet; thence north 0 degrees 17
minutes 24 seconds east, 660.00 feet; thence south 89 degrees 43 minutes 49
seconds east, 1323.65 feet to the point of beginning. Reserving therefrom that
part used, taken or deeded for Dublin Road, so-called. Containing 20.06 acres
or 873,847 feet more or less.
in the city to serve low
income persons, and that Bracken Woods Limited Dividend Housing Association
Limited Partnership has offered to pay the city on account of said housing
development an annual service charge for public services in lieu of all taxes.
(Ord. No. 1332, § 2, 11-20-95)
Sec. 2-260.4. Grove
Street Commons I.
The city acknowledges
that the Affordable Housing Alliance of Midland County, a 501(c)(3) Corporation
(a sponsor, as defined herein) has offered, subject to an allocation of tax
credit financing from the authority, under Section 42 of the Internal Revenue
Code of 1986, as amended, to erect or operate and maintain a housing
development identified as Grove Street Commons I, located on the following
described property:
Lots 13 and 14, and
the Southeast 1/2 of Lot 15 of Block 57 of Larkin's Addition to the City of
Midland, recorded in Liber A, Page 26, of Midland County records, more
particularly described as part of Section 16 and part of Section 21, T14N, R2E,
City of Midland, Midland County, Michigan, beginning at the East corner of
Block 57 of said Larkin's Addition to the City of Midland; thence N 46 degrees
02 minutes 23 seconds W, 150.00 feet; thence S 44 degrees 00 minutes 00 seconds
W, 120.47 feet; thence S 46 degrees 05 minutes 15 seconds E, 150.00 feet;
thence N 44 degrees 00 minutes 00 seconds E, 120.34 feet to the point of
beginning.
(Ord. No. 1418, § 3,
7-13-98; Ord. No. 1463, § 1, 12-20-99)
Sec. 2-260.5. Grove
Street Commons II.
The city acknowledges
that the Affordable Housing Alliance of Midland County, a 501(c)(3) Corporation
(a sponsor, as defined herein) has offered, subject to an allocation of tax
credit financing from the authority, under Section 42 of the Internal Revenue
Code of 1986, as amended, to erect or operate and maintain a housing
development identified as Grove Street Commons II, located on the following
described property:
Lots 10, 11, 12, and
the Southeast 25 feet of Lot 9, Block 57 of Larkin's Addition to the City of
Midland, recorded in Liber A, Page 26, of Midland County records, more
particularly described as part of Section 16 and part of Section 21, T14N, R2E,
City of Midland, Midland County, Michigan, beginning at a point which is S 44
degrees 00 minutes 00 seconds W, 120.34 feet from the East corner of Block 57
of said Larkin's Addition to the City of Midland; thence S 44 degrees 00
minutes 00 seconds W, 120.34 feet; thence N 46 degrees 08 minutes 09 seconds W,
205.00 feet; thence S 44 degrees 00 minutes 00 seconds E, 120.51 feet; thence S
46 degrees 05 minutes 15 seconds E, 205.00 feet to the point of beginning.
(Ord. No. 1419, § 3,
7-13-98; Ord. No. 1464, § 1, 12-20-99)
Sec. 2-260.6. The
Village At Joseph's Run.
The city acknowledges
that Joseph's Village Limited Dividend Housing Association Limited Partnership
(a sponsor, as defined herein) has offered, subject to allocation of tax credit
financing from the authority, under Section 42 of the Internal Revenue Code, as
amended, to erect or operate and maintain a housing development identified as
The Village At Joseph's Run, located on the following described property:
Part of the South 1/2 of the North 1/2 of the Southwest 1/4, Section 34, T15N-R2W, Larkin Township,
Midland County, Michigan, being further described as commencing at the
Southwest corner of said section; thence N 00 degrees 30 feet 48 inches W,
1318.01 feet, along the West section line to the South 1/8 line; thence along
said 1/8 line, N 89 degrees 54 feet 40 inches E, 1265.93, feet to the point of
beginning; thence N 00 degrees 37 feet 19 inches W, 424.29 feet, to the
centerline of Joseph Drive; thence along said centerline along a curve to the
right 82.77 feet, having a radius of 1637.02 feet, and a central angle of 02
degrees 53 feet 49 inches, and a chord bearing and distance of N 88 degrees 27
feet 46 inches E, 82.76 feet; thence along said centerline of Joseph Drive N 89
degrees 54 feet 40 inches E, 1299.84 feet, to the North and South 1/4 line; thence along said 1/4 line S 00 degrees 37 feet 19 inches E,
426.39 feet, to the South 1/8 line; thence along said 1/8 line, S 89 degrees 54
feet 40 inches W, 1382.59 feet, to the point of beginning, containing 13.54
acres (net 12.49 acres) more or less, subject to any and all easements and/or
right of way whether used, implied or of record.
(Ord. No. 1494, § 2,
2-19-01)
Sec. 2-260.7. Granite
Club Acres #1.
The City acknowledges
that the Affordable Housing Alliance of Midland County, a 501(c)(3) corporation
(a Sponsor, as defined herein) has offered, subject to allocation of tax credit
financing from the Authority, under Section 42 of the Internal Revenue Code, as
amended, to erect or operate and maintain a housing development identified as
Granite Club Acres #1, located on the following described property:
Part of the S 1/2 of the NW
1/4 of Section 24, T14N-R2E, City of Midland, Midland County, Michigan,
being further described as commencing at the west 1/4 corner of said section; thence N
88(57'00" E, 2138.43 feet, along the east-west 1/4 line; thence N 00(33'05" E, 590.38
feet; thence N 88(57'00" E, 187.35 feet, to the point of beginning; thence
continue N 88(57'00" E, 205.26 feet to the southwesterly railroad
right-of-way line; thence along said southwesterly line, N 00(03'00" E,
21.01 feet; thence along the arc of a curve to the left, an arc distance of
184.35 feet, said curve having a radius of 778.31 feet, chord bearing and
distance of N 06(44'09" W, 183.92 feet and a central angle of
13(34'15"; thence N 75(00'00" W, 152.11 feet; thence S 00(33'05"
W, 95.23 feet; thence S 22(30'00" W, 91.93 feet; thence S 00(33'05"
W, 66.63 feet, to the point of beginning, containing 0.92 acres, more or less.
(Ord. No. 1505, § 2,
4-23-01)
Sec. 2-260.8.
Chippewassee Court Phase I.
The city acknowledges
that the Affordable Housing Alliance Of Midland County, a 501(c)(3) corporation
(a sponsor, as defined herein) has offered, subject to allocation of tax credit
financing from the authority, under Section 42 of the Internal Revenue Code, as
amended, to erect or operate and maintain a housing development identified as
Chippewassee Court Phase I, located on the following described property:
Beginning at a point
on the south line of Section 18, T14N, R2E, 137.10 feet west of the west 1/8
corner, thence north and parallel to the west 1/8 line 150.90 feet; thence west
97.45 feet; thence north 129.10 feet, more or less to the south line of Cone's
Subdivision, thence west 274.6 feet along the south line of Cone's Subdivision;
thence south 280 feet, more or less to the south line of Section 18; thence
east along said line 372.9 feet to the place of beginning, being a part of the
southwest 1/4 of the southwest 1/4 of Section 18, T14N, R2E, except
beginning 137.10 feet west of the west 1/8 corner on the south line of Section
18, T14N, R2E, City of Midland, Midland County, Michigan; thence north and
parallel to said 1/8 line 150.90 feet; thence west and parallel to said south
section line 240 feet; thence south and parallel to said 1/8 line 150.90 feet;
thence east 240 feet to the point of beginning.
(Ord. No. 1521, § 2,
1-28-02)
Sec. 2-260.9. Adams
Acres Phase I.
The city acknowledges
that the Adams Acres Limited Dividend Housing Association Limited Partnership,
a 501(c)(3) corporation (a sponsor, as defined herein) has offered, subject to
allocation of tax credit financing from the authority, under Section 42 of the
Internal Revenue Code, as amended, to erect or operate and maintain a housing
development identified as Adams Acres Phase I, located on the following
described property:
Beginning at the
northwest corner of lot 16, Adams Acres Subdivision No. 1, according to the
plat thereof recorded in Liber D Of Plats, pages 25 and 26, Midland County
records, Section 34, T14N, R2E, City Of Midland, Midland County, Michigan;
thence south 114 feet to the south plat line of Adams Acres Subdivision No. 1;
thence east along said south plat line 261.94 feet; thence north 47° 04'
51" east 165.74 feet; thence north 06° 18' 11" east 165.92 feet to
the south line of lot 23 of said subdivision; thence north 00° 02' 03"
east along a line ten (10) feet west of the east plat line of Adams Acres
Subdivision No. 1 to the north line of lot 27; thence west along the north line
of lot 27 to the east r/w line of Lee Street; thence southerly along the east
and south r/w line of Lee Street to the point of beginning.
(Ord. No. 1541, § 3,
9-9-02)
Sec. 2-260.10. Chippewassee Court Phase II.
The City acknowledges that the Affordable Housing Alliance of Midland County, a 501(c)(3) corporation (a sponsor, as defined herein) has offered, subject to allocation of tax credit financing from the Authority, under Section 42 of the Internal Revenue Code, as amended, to erect or operate and maintain a housing development identified as Chippewassee Court Phase II, located on the following described property:
Commencing 1,437 feet east of the SW corner government lot 9, Section 18, thence north 264 feet, east 165 feet, south 264 feet, west 165 feet to the point of beginning and also beginning 45 feet east of the southwest corner of lot 169 of Cones Subdivision, then north 38 feet, west 165 feet, south 38 feet, east 65 feet to the point of beginning (parcel code 14-18-50-022); and also beginning 1,602 feet east of the SW corner of government lot 9, Section 18, thence east 3.55 feet, north 264 feet, west 3.55 feet, south 264 feet to the point of beginning.
(Ord. No. 1557, § 2,
1-27-03)
Sec. 2-260.11. 606/608 Hemlock Street.
The City acknowledges that the Affordable
Housing Alliance of Midland County, a 501(c)3 corporation (a sponsor, as
defined herein) has offered, subject to allocation of tax credit financing from
the authority, under Section 42 of the Internal Revenue Code, as amended, to
erect or operate and maintain a housing development identified as 606/608
Hemlock Street located on the following described property:
South 36 feet OF LOTs 2 and the North 51.5
feet OF LOT 3 Block J Carter Subdivison.
(Ord. No. 1644, § 1,
11-19-07)
Sec. 2-260.12. 5004 Tucker
Street.
The City acknowledges that the Affordable
Housing Alliance of Midland County, a 501(c)3 corporation (a sponsor, as
defined herein) has offered, subject to allocation of tax credit financing from
the authority, under Section 42 of the Internal Revenue Code, as amended, to
erect or operate and maintain a housing development identified as 5004 Tucker
Street located on the following described property:
Beginning 173.5 feet East and 45 rods North OF
Southwest corner OF southeast 1/4 of southwest 1/4 Section 4, East 123.5 feet,
North 82.5 feet, West 123.5 Feet, South 82.5 feet to the beginning.
(Ord. No. 1644, § 1,
11-19-07)
Sec. 2-260.13. 1111 Franklin Street.
The City acknowledges that the
Affordable Housing Alliance of Midland County, a 501(c)3 corporation (a
sponsor, as defined herein) has offered, subject to allocation of tax credit
financing from the authority, under Section 42 of the Internal Revenue Code, as
amended, to erect or operate and maintain a housing development identified as
1111 Franklin Street located on the following described property:
Lot 12 Block 12 of Dow
Chemical Company addition.
(Ord. No. 1685, § 1,
10-19-09)
Sec. 2-260.14. 4301 Hancock Drive.
The City acknowledges that the Affordable Housing
Alliance of Midland County, a 501(c)3 corporation (a sponsor, as defined
herein) has offered, subject to allocation of tax credit financing from the
authority, under Section 42 of the Internal Revenue Code, as amended, to erect
or operate and maintain a housing development identified as 4301 Hancock Drive
located on the following described property:
Lot
195 of Adams Acres Subdivision No. 1.
(Ord. No. 1685, § 1,
10-19-09)
Sec. 2-260.15. 310 E. PINE STREET.
The City acknowledges that the Affordable Housing
Alliance of Midland County, a 501(c)3 corporation (a sponsor, as defined
herein) has offered, subject to allocation of tax credit financing from the
authority, under Section 42 of the Internal Revenue Code, as amended, to erect
or operate and maintain a housing development identified as 310 E. Pine Street
located on the following described property:
Northwest
50 feet of the Northeast 100 feet of Lot 2 Block 65 Carpenters Division, Liber
565 Page 390.
(Ord. No. 1685, § 1,
10-19-09)
Sec. 2-260.16. 1414 Lincoln Street.
The City acknowledges that the Affordable Housing
Alliance of Midland County, a 501(c)3 corporation (a sponsor, as defined
herein) has offered, subject to allocation of tax credit financing from the
authority, under Section 42 of the Internal Revenue Code, as amended, to erect
or operate and maintain a housing development identified as 1414 Lincoln Street
located on the following described property:
Beginning
339 feet East and 513 feet North of the Southwest Corner of Section 15 thence
North 60 feet, East 120 feet, South 60 feet, West 120 feet to the point of
beginning.
(Ord. No. 1685, § 1, 10-19-09)
Sec. 2-260.17. 1417 Mill Street.
The City acknowledges that the Affordable Housing
Alliance of Midland County, a 501(c)3 corporation (a sponsor, as defined
herein) has offered, subject to allocation of tax credit financing from the
authority, under Section 42 of the Internal Revenue Code, as amended, to erect
or operate and maintain a housing development identified as 1417 Mill Street
located on the following described property:
Lot
38 of Highlandview Subdivision and beginning at the Southwest Corner of Lot 38,
Southeast to Northwest Line of Mill Street, Northeast to South 1/8 Line of
Section 16, West 66.29 feet to the point of beginning.
(Ord. No. 1685, § 1,
10-19-09)
Sec. 2-260.18. 2520 Charles Street.
The City acknowledges that the Affordable Housing
Alliance of Midland County, a 501(c)3 corporation (a sponsor, as defined
herein) has offered, subject to allocation of tax credit financing from the
authority, under Section 42 of the Internal Revenue Code, as amended, to erect
or operate and maintain a housing development identified as 2520 Charles Street
located on the following described property:
East
42.67 feet of Lot 2 and West 42.67 feet of Lot 3 of Williams Subdivision.
(Ord. No. 1685, § 1,
10-19-09)
Sec. 2-260.19. 528 Cottonwood Street.
The City acknowledges that the Affordable Housing
Alliance of Midland County, a 501(c)3 corporation (a sponsor, as defined
herein) has offered, subject to allocation of tax credit financing from the
authority, under Section 42 of the Internal Revenue Code, as amended, to erect
or operate and maintain a housing development identified as 528 Cottonwood
Street located on the following described property:
Lot
5 of Block I of Carter Subdivision.
(Ord. No. 1685, § 1,
10-19-09)
Sec. 2-261. Definitions.
(a) Act
means the State Housing Development Authority Act, being Public Act of 346
of 1966 of the State of Michigan, as amended.
(b) Annual
shelter rent means the total collections during an agreed annual period
from all occupants of a housing development representing rent or occupancy
charges, exclusive of charges for gas, electricity, heat, or other utilities
furnished to the occupants.
(c) Authority
means the Michigan State Housing Development Authority.
(d) Contract
rents are as defined by the U.S. Department of Housing and Urban
Development in regulations promulgated pursuant to the U.S. Housing Act of
1947, as amended by the Housing and Community Development Act of 1947. It is
understood that such rents are meant to be the tenants' rental contributions
plus any federal subsidies.
(e) Elderly
shall mean a family wherein the head of the household is sixty-two (62)
years of age or older or a single person who is sixty-two (62) years of age or
older.
(f) Housing
development means a development which contains a significant element of
housing for low income persons or elderly 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 housing for low income persons or elderly persons
of low income.
(g) Low
income persons means persons and families eligible to move into a housing
development financed by the authority.
(h) Mortgage
loan means a loan made or to be made by the authority to sponsors for the
construction and/or permanent financing of the housing developments.
(i) Sponsor
means persons or entities which have applied to the authority for, or
previously received from the authority, a mortgage loan to finance a housing
development.
(j) Utilities
means fuel, water, sanitary sewer service and/or electrical service, which
are paid by the development.
(Ord. No. 948, § 2,
6-18-79; Ord. No. 1332, § 1, 11-20-95; Ord. No. 1418, § 1, 7-13-98; Ord. No.
1419, § 1, 7-13-98)
Sec. 2-262. Class of
housing developments.
It is hereby 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 such taxes, shall be that
portion of a development which is for elderly persons or low-income persons and
which is financed or assisted pursuant to the act. It is further determined that Grove Street
Commons I, Grove Street Commons II, The Village At Joseph’s Run, Granite Club
Acres #1, Chippewassee Court Phase I, Chippewassee Court Phase II, Adams Acres
Phase I, 606/608 Hemlock Street,
5004 Tucker Street, 1111 Franklin
Street, 4301 Hancock Drive, 310 E. Pine Street, 1414 Lincoln Street, 1417 Mill
Street, 2520 Charles Street and 528 Cottonwood Street and the elderly portions
of Charter Square and Green Hill are of this class.
(Ord. No. 948, § 2,
6-18-79; Ord. No. 1332, § 1, 11-20-95; Ord. No. 1418, § 2, 7-13-98; Ord. No.
1419, § 2, 7-13-98; Ord. No. 1494, § 1, 2-19-01; Ord. No. 1505, § 1, 4-23-01;
Ord. No. 1521, § 1, 1-28-02; Ord. No. 1541, § 2, 9-9-02; Ord. No. 1557, § 1,
1-27-03; Ord. No. 1644, § 1, 11-19-07; Ord. No. 1685, § 1, 10-19-09)
Sec. 2-263.
Establishment of annual service charge for Charter Square.
The housing
development identified as the elderly portion of Charter Square and the
property on which it shall be constructed shall be exempt from all property
taxes from and after the commencement of construction; provided, however, that
the sponsor has complied with all requirements of the act concerning the
obtaining of an exemption. The city, acknowledging that Charter Square Limited
Dividend Housing Association and the authority have established the economic
feasibility of the housing development in reliance upon the enactment and
continuing effect of this article and the qualification of the housing
development for exemption from all property taxes and a payment in lieu of
taxes as established herein, and in consideration of the sponsor's offer, subject
to receipt of a mortgage loan from the authority, to construct, own and operate
said housing development, hereby agrees to accept payment of an annual service
charge for public services in lieu of all property taxes. The annual service
charge shall be equal to four (4) per cent of the contract rents less
utilities.
(Ord. No. 948, § 2,
6-18-79)
Sec. 2-264.
Establishment of annual service charge for Green Hill.
The housing
development identified as the elderly portion of Green Hill and the property on
which it is constructed shall be exempt from all property taxes from and after
the effective date of this article; provided, however, that the sponsor has
complied with all requirements of the act concerning the obtaining of an
exemption. The city acknowledges that Green Hill Limited Dividend Housing
Association and the authority have established the economic feasibility of the
housing development in reliance upon the enactment of former section 2-5 of the
Code of Ordinances of the City of Midland (Ordinance No. 892) and the
qualification of the housing development for exemption from all property taxes
and a payment in lieu of taxes as established therein. The annual service
charge established hereunder differs from that provided in former section 2-5
of the Code of Ordinances of the City of Midland (Ordinance No. 892). For
purposes of continuity and to avoid discrimination, Green Hill Limited Dividend
Housing Association and the authority have agreed to accept the annual service
charge provided for herein in lieu of that set forth in former section 2-5 of
the Code of Ordinances of the City of Midland (Ordinance No. 892). The annual
service charge beginning with the 1979 calendar year shall be equal to four (4)
per cent of the contract rents less utilities.
(Ord. No. 948, § 2,
6-18-79)
Sec. 2-264.1.
Establishment of annual service charge for Bracken Woods Apartments.
The housing
development identified as the Bracken Woods Apartments and the property on
which it is constructed shall be exempt from all ad valorem property taxes. The
exemption shall begin in the first tax year after which an affidavit has been
submitted by the sponsor to the city assessor. The affidavit shall be in the
form as provided by the authority and shall be certified by the authority and filed
before November 1 of the year preceding the year in which the exemption is to
begin. The exemption shall remain in effect until the mortgage loan is repaid
or for thirty-five (35) years, whichever occurs first; provided however, that
the sponsor has met with all qualifications of the act concerning the obtaining
of an exemption. The city acknowledges that Bracken Woods Apartments and the
authority have established the economic feasibility of the housing development
in reliance upon the enactment and continuing effect of this article and the
qualification of the housing development for exemption from all ad valorem
property taxes and a payment in lieu of taxes as established herein, and in
consideration of the sponsor's offer, subject to receipt of a permanent
mortgage loan from the authority, to construct, own, operate and maintain said
housing development, hereby agrees to accept payment of an annual service
charge for public services in lieu of all ad valorem property taxes. The annual
service charge shall be equal to four (4) per cent of all rental income less
owner-paid utilities and vacancy losses.
Annual benefit of any
tax exemption granted to the Bracken Woods Apartment housing development under
this section shall be defined as the amount by which seventy-eight thousand
dollars ($78,000.00) (indexed annually for the change in the U.S. Consumer
Price Index and adjusted annually for additions and losses as defined in MCL
211.34d) exceeds the amount of the annual service charge for public services, and
shall be allocated as follows:
1. The first twenty-one thousand one hundred fifty dollars
($21,150.00) of annual benefit shall be allocated to the sponsor for principal
and interest payments on the mortgage.
2. All benefits in excess of twenty-one thousand one
hundred fifty dollars ($21,150.00) shall be allocated by the sponsor
exclusively to low income persons in the form of reduced housing charges, which
shall be implemented beginning with the housing charge due for the month of
January, 1996. For calendar year 1996, a total benefit of thirty-five thousand
seven hundred twelve dollars ($35,712.00) shall be allocated among the various
classes of apartments in the following manner:
a. Housing charges for one-bedroom
apartments shall be reduced by twenty-three dollars ($23.00) per month.
b. Housing charges for two-bedroom
apartments shall be reduced by twenty-seven dollars ($27.00) per month.
c. Housing charges for three-bedroom
apartments shall be reduced by thirty-two dollars ($32.00) per month.
Housing charges shall
continue to be reduced by said amounts for a consecutive seventeen-month
period, until June 1997.
For calendar years
after 1996, the annual reduction in housing charges shall be calculated by the
sponsor and approved by the City of Midland finance department, and shall be
allocated among the various classes of apartments (one-, two- and three-bedroom
apartments) based on the relative percentage of total rental income generated
by each individual class at full occupancy. Reduced housing charges shall be
implemented annually beginning with the housing charge due for the month of
June in the calendar year following the calendar year for which the service
charge in lieu of taxes is determined and shall continue for a consecutive twelve-month
period.
3. None of the annual benefit shall be retained or
distributed to the sponsor in the form of limited dividend payments.
The sponsor shall make
available to the City of Midland Finance Department all accounting records
necessary to conduct an annual verification of compliance with the distribution
of the annual benefit, including but not limited to any audits performed by the
authority.
(Ord. No. 1332, § 2,
11-20-95)
Sec. 2-264.2.
Establishment of annual service charge for Grove Street Commons I.
(a) Annual
service charge. The housing development identified as Grove Street Commons
I and the property on which it shall be constructed shall be exempt from all
property taxes from and after the commencement of construction. The city,
acknowledging that the sponsor and the authority have established the economic
feasibility of the housing development in reliance upon the enactment and
continuing effect of this section and the qualification of the housing
development for exemption from all property taxes and a payment in lieu of
taxes as established herein, and in consideration of the sponsor's offer,
subject to receipt of an allocation of low-income housing tax credits under
Section 42 of the Internal Revenue Code of 1986, as amended, to construct, own,
and operate the housing development, agrees to accept payment of an annual
service charge for public services in lieu of all property taxes. The annual
service charge shall be equal to four (4) percent of the annual shelter rents
less utilities.
(b) Limitation
on the payment of annual service charge. Notwithstanding subsection (a),
above, the service charge to be paid each year in lieu of taxes for the part of
the housing development which is tax exempt and which is occupied by other than
low-income persons or families shall be equal to the full amount of the taxes
which would be paid on that portion of the housing development if the housing
development were not exempt.
(Ord. No. 1418, § 3,
7-13-98)
Sec. 2-264.3.
Establishment of annual service charge for Grove Street Commons II.
(a) Annual
service charge. The housing development identified as Grove Street Commons
II and the property on which it shall be constructed shall be exempt from all
property taxes from and after the commencement of construction. The city,
acknowledging that the sponsor and the authority have established the economic
feasibility of the housing development in reliance upon the enactment and
continuing effect of this section and the qualification of the housing development
for exemption from all property taxes and a payment in lieu of taxes as
established herein, and in consideration of the sponsor's offer, subject to
receipt of an allocation of low-income housing tax credits under Section 42 of
the Internal Revenue Code of 1986, as amended, to construct, own, and operate
the housing development, agrees to accept payment of an annual service charge
for public services in lieu of all property taxes. The annual service charge
shall be equal to four (4) percent of the annual shelter rents less utilities.
(b) Limitation
on the payment of annual service charge. Notwithstanding subsection (a),
above, the service charge to be paid each year in lieu of taxes for the part of
the housing development which is tax exempt and which is occupied by other than
low-income persons or families shall be equal to the full amount of the taxes
which would be paid on that portion of the housing development if the housing
development were not exempt.
(Ord. No. 1419, § 3,
7-13-98)
Sec. 2-264.4.
Establishment of annual service charge for The Village At Joseph's Run.
(a) Annual
service charge. The housing development identified as The Village At
Joseph's Run and the property on which it shall be constructed shall be exempt
from all property taxes from and after the commencement of construction. The
city, acknowledging that the sponsor and the authority have established the
economic feasibility of the housing development in reliance upon the enactment
and continuing effect of the ordinance from which this section derives and the
qualification of the housing development for exemption from all property taxes
and a Payment In Lieu Of Taxes as established in the ordinance from which this
section derives, and in consideration of the sponsor's offer, subject to
receipt of an allocation of low-income housing tax credits under Section 42 of
the Internal Revenue Code of 1986, as amended, to construct, own and operate
the housing development, agrees to accept payment of an annual service charge for
public services in lieu of all property taxes. The annual service charge shall
be equal to four (4) percent of the annual shelter rents less utilities.
(b) Limitation
on the payment of annual service charge. Notwithstanding subsection (a),
the service charge to be paid each year in lieu of taxes for the part of the
housing development which is tax exempt and which is occupied by other than
low-income persons shall be equal to the full amount of taxes which would be
paid on that portion of the housing development if the housing development were
not exempt.
(Ord. No. 1494, § 3,
2-19-01)
Sec. 2-264.5.
Establishment of Annual Service Charge For Granite Club Acres #1.
(a) Annual
service charge. The housing development identified as Granite Club Acres #1
and the property on which it shall be constructed shall be exempt from all
property taxes from and after the commencement of construction. The city,
acknowledging that the sponsor and the authority have established the economic
feasibility of the housing development in reliance upon the enactment and
continuing effect of this ordinance and the qualification of the housing
development for exemption from all property taxes and a payment in lieu of
taxes as established in this article, and in consideration of the sponsor's
offer, subject to receipt of an allocation of low-income housing tax credits
under Section 42 of the Internal Revenue Code of 1986, as amended, to
construct, own and operate the housing development, agrees to accept payment of
an annual service charge for public services in lieu of all property taxes. The
annual service charge shall be equal to four (4) percent of the annual shelter
rents less utilities.
(b) Limitation
on the payment of annual service charge. Notwithstanding subsection (a),
the service charge to be paid each year in lieu of taxes for the part of the
housing development which is tax exempt and which is occupied by other than
low-income persons shall be equal to the full amount of taxes which would be
paid on that portion of the housing development if the housing development were
not exempt.
(Ord. No. 1505, § 2,
4-23-01)
Sec. 2-264.6.
Establishment of annual service charge for Chippewassee Court Phase I.
(a) Annual
service charge. The housing development identified as Chippewassee Court
Phase I and the property on which it shall be constructed shall be exempt from
all property taxes from and after the commencement of construction. The city,
acknowledging that the sponsor and the authority have established the economic
feasibility of the housing development in reliance upon the enactment and
continuing effect of this section and the qualification of the housing
development for exemption from all property taxes and a payment in lieu of
taxes as established in this section, and in consideration of the sponsor's
offer, subject to receipt of an allocation of low-income housing tax credits
under Section 42 of the Internal Revenue Code of 1986, as amended, to
construct, own and operate the housing development, agrees to accept payment of
an annual service charge for public services in lieu of all property taxes. The
annual service charge shall be equal to four (4) percent of the annual shelter
rents less utilities.
(b) Limitation
on the payment of annual service charge. Notwithstanding subsection (a),
the service charge to be paid each year in lieu of taxes for the part of the
housing development which is tax exempt and which is occupied by other than
low-income persons shall be equal to the full amount of taxes which would be
paid on that portion of the housing development if the housing development were
not exempt.
(Ord. No. 1521, § 2,
1-28-02)
Sec. 2-264.7.
Establishment of annual service charge for Adams Acres Phase I.
(a) Annual
service charge. The housing development identified as Adams Acres Phase I
and the property on which it shall be constructed shall be exempt from all
property taxes from and after the commencement of construction. The city,
acknowledging that the sponsor and the authority have established the economic
feasibility of the housing development in reliance upon the enactment and
continuing effect of this section and the qualification of the housing
development for exemption from all property taxes and a payment in lieu of
taxes as established in this section, and in consideration of the sponsor's
offer, subject to receipt of an allocation of low-income housing tax credits
under Section 42 of the Internal Revenue Code of 1986, as amended, to
construct, own and operate the housing development, agrees to accept payment of
an annual service charge for public services in lieu of all property taxes. The
annual service charge shall be equal to four (4) percent of the annual shelter
rents less utilities.
(b) Limitation
on the payment of annual service charge. Notwithstanding subsection (a),
the service charge to be paid each year in lieu of taxes for the part of the
housing development which is tax exempt and which is occupied by other than
low-income persons shall be equal to the full amount of taxes which would be
paid on that portion of the housing development if the housing development were
not exempt.
(Ord. No. 1541, § 3,
9-9-02)
Sec. 2-264.8.
Establishment Of Annual Service Charge For Chippewassee Court Phase II.
(a) Annual service charge. The housing development identified as Chippewassee Court Phase II and the property on which it shall be constructed shall be exempt from all property taxes from and after the commencement of construction. The City, acknowledging that the sponsor and the authority have established the economic feasibility of the housing development in reliance upon the enactment and continuing effect of this ordinance and the qualification of the housing development for exemption from all property taxes and a payment in lieu of taxes as established in this ordinance, and in consideration of the sponsor’s offer, subject to receipt of an allocation of low-income housing tax credits under Section 42 of the Internal Revenue Code of 1986, as amended, to construct, own and operate the housing development, agrees to accept payment of an annual service charge for public services in lieu of all property taxes. The annual service charge shall be equal to four percent (4%) of the annual shelter rents less utilities.
(b) Limitation on the payment of annual service charge. Notwithstanding subsection (A), the service charge to be paid each year in lieu of taxes for the part of the housing development which is tax exempt and which is occupied by other than low-income persons shall be equal to the full amount of taxes which would be paid on that portion of the housing development if the housing development were not exempt.
(Ord.
No. 1557, § 2, 1-27-03)
Sec.
2-264.9. Establishment of annual
service charge for 606/608 Hemlock Street.
(a)
Annual service charge. The housing
development identified as 606/608 Hemlock Street and the property on which it
is located shall be exempt from all property taxes from and after the enactment
of this ordinance and for the year subsequent to timely notification of
exemption by the Michigan State Housing Development Authority. The City, acknowledging that the sponsor and
the authority have established the economic feasibility of the housing development
in reliance upon the enactment and continuing effect of this ordinance and the
qualification of the housing development for exemption from all property taxes
and a payment in lieu of taxes as established in this ordinance, and in
consideration of the sponsor’s offer, subject to receipt of an allocation of
low-income housing tax credits under Section 42 of the Internal Revenue Code of
1986, as amended, to construct, own or operate the housing development, agrees
to accept payment of an annual service charge for public services in lieu of
all property taxes. The annual service
charge shall be equal to four percent (4%) of the annual shelter rents less
utilities.
(b)
Limitation on the payment of annual service charge.
Notwithstanding subsection (a), the service charge to be paid each year
in lieu of taxes for the part of the housing development which is tax exempt
and which is occupied by other than low-income persons shall be equal to the
full amount of taxes which would be paid on that portion of the housing
development if the housing development were not exempt.
(Ord. No. 1644, § 1,
11-19-07)
Sec.
2-264.10. Establishment of annual service charge for 5004 Tucker street.
(a)
Annual service charge. The housing
development identified as 5004 Tucker Street and the property on which it is
located shall be exempt from all property taxes from and after the enactment of
this ordinance and for the year subsequent to timely notification of exemption
by the Michigan State Housing Development Authority. The City, acknowledging that the sponsor and
the authority have established the economic feasibility of the housing
development in reliance upon the enactment and continuing effect of this
ordinance and the qualification of the housing development for exemption from
all property taxes and a payment in lieu of taxes as established in this
ordinance, and in consideration of the sponsor’s offer, subject to receipt of
an allocation of low-income housing tax credits under Section 42 of the
Internal Revenue Code of 1986, as amended, to construct, own or operate the
housing development, agrees to accept payment of an annual service charge for
public services in lieu of all property taxes.
The annual service charge shall be equal to four percent (4%) of the
annual shelter rents less utilities.
(b)
Limitation on the payment of annual service charge.
Notwithstanding subsection (a), the service charge to be paid each year
in lieu of taxes for the part of the housing development which is tax exempt
and which is occupied by other than low-income persons shall be equal to the
full amount of taxes which would be paid on that portion of the housing
development if the housing development were not exempt.
(Ord. No. 1644, § 1,
11-19-07)
Sec.
2-264.11. Establishment of annual
service charge for 1111 Franklin Street.
(a)
Annual service charge. The housing
development identified as 1111 Franklin Street and the property on which it is
located shall be exempt from all property taxes from and after the enactment of
this ordinance and for the year subsequent to timely notification of exemption
by the Michigan State Housing Development Authority. The City, acknowledging that the sponsor and
the authority have established the economic feasibility of the housing
development in reliance upon the enactment and continuing effect of this
ordinance and the qualification of the housing development for exemption from
all property taxes and a payment in lieu of taxes as established in this
ordinance, and in consideration of the sponsor’s offer, subject to receipt of
an allocation of low-income housing tax credits under Section 42 of the
Internal Revenue Code of 1986, as amended, to construct, own or operate the
housing development, agrees to accept payment of an annual service charge for
public services in lieu of all property taxes.
The annual service charge shall be equal to four percent (4%) of the
annual shelter rents less utilities.
(b) Limitation on
the payment of annual service charge. Notwithstanding subsection (a), the service
charge to be paid each year in lieu of taxes for the part of the housing
development which is tax exempt and which is occupied by other than low-income
persons shall be equal to the full amount of taxes which would be paid on that
portion of the housing development if the housing development were not exempt.
(Ord. No. 1685, § 1,
10-19-09)
Sec.
2-264.12. Establishment of annual
service charge for 4301 Hancock Drive.
(a) Annual
service charge. The housing development identified as 4301
Hancock Drive and the property on which it is located shall be exempt from all
property taxes from and after the enactment of this ordinance and for the year
subsequent to timely notification of exemption by the Michigan State Housing
Development Authority. The City,
acknowledging that the sponsor and the authority have established the economic
feasibility of the housing development in reliance upon the enactment and continuing
effect of this ordinance and the qualification of the housing development for
exemption from all property taxes and a payment in lieu of taxes as established
in this ordinance, and in consideration of the sponsor’s offer, subject to
receipt of an allocation of low-income housing tax credits under Section 42 of
the Internal Revenue Code of 1986, as amended,
to construct, own or operate the housing development, agrees to accept payment
of an annual service charge for public services in lieu of all property
taxes. The annual service charge shall
be equal to four percent (4%) of the annual shelter rents less utilities.
(b) Limitation on
the payment of annual service charge. Notwithstanding subsection (a), the service
charge to be paid each year in lieu of taxes for the part of the housing development
which is tax exempt and which is occupied by other than low-income persons
shall be equal to the full amount of taxes which would be paid on that portion
of the housing development if the housing development were not exempt.
(Ord. No. 1685, § 1,
10-19-09)
Sec.
2-264.13. Establishment of annual
service charge for 310 E. Pine Street.
(a)
Annual service charge. The housing
development identified as 310 E. Pine Street and the property on which it is
located shall be exempt from all property taxes from and after the enactment of
this ordinance and for the year subsequent to timely notification of exemption
by the Michigan State Housing Development Authority. The City, acknowledging that the sponsor and
the authority have established the economic feasibility of the housing
development in reliance upon the enactment and continuing effect of this
ordinance and the qualification of the housing development for exemption from
all property taxes and a payment in lieu of taxes as established in this
ordinance, and in consideration of the sponsor’s offer, subject to receipt of
an allocation of low-income housing tax credits under Section 42 of the
Internal Revenue Code of 1986, as amended, to construct, own or operate the
housing development, agrees to accept payment of an annual service charge for
public services in lieu of all property taxes.
The annual service charge shall be equal to four percent (4%) of the
annual shelter rents less utilities.
(b)
Limitation on the payment of annual service charge.
Notwithstanding subsection (a), the service charge to be paid each year
in lieu of taxes for the part of the housing development which is tax exempt
and which is occupied by other than low-income persons shall be equal to the
full amount of taxes which would be paid on that portion of the housing
development if the housing development were not exempt.
(Ord. No. 1685, § 1, 10-19-09)
Sec.
2-264.14. Establishment of annual
service charge for 1414 Lincoln Street.
(a)
Annual service charge. The housing
development identified as 1414 Lincoln Street and the property on which it is
located shall be exempt from all property taxes from and after the enactment of
this ordinance and for the year subsequent to timely notification of exemption
by the Michigan State Housing Development Authority. The City, acknowledging that the sponsor and
the authority have established the economic feasibility of the housing
development in reliance upon the enactment and continuing effect of this
ordinance and the qualification of the housing development for exemption from
all property taxes and a payment in lieu of taxes as established in this
ordinance, and in consideration of the sponsor’s offer, subject to receipt of
an allocation of low-income housing tax credits under Section 42 of the
Internal Revenue Code of 1986, as amended, to construct, own or operate the
housing development, agrees to
accept payment of an annual service charge for public services in lieu of all
property taxes. The annual service
charge shall be equal to four percent (4%) of the annual shelter rents less
utilities.
(b)
Limitation on the payment of annual service charge.
Notwithstanding subsection (a), the service charge to be paid each year
in lieu of taxes for the part of the housing development which is tax exempt
and which is occupied by other than low-income persons shall be equal to the
full amount of taxes which would be paid on that portion of the housing
development if the housing development were not exempt.
(Ord. No. 1685, § 1,
10-19-09)
Sec.
2-264.15. Establishment of annual
service charge for 1417 Mill Street.
(a)
Annual service charge. The housing
development identified as 1417 Mill Street and the property on which it is
located shall be exempt from all property taxes from and after the enactment of
this ordinance and for the year subsequent to timely notification of exemption
by the Michigan State Housing Development Authority. The City, acknowledging that the sponsor and
the authority have established the economic feasibility of the housing
development in reliance upon the enactment and continuing effect of this
ordinance and the qualification of the housing development for exemption from
all property taxes and a payment in lieu of taxes as established in this
ordinance, and in consideration of the sponsor’s offer, subject to receipt of
an allocation of low-income housing tax credits under Section 42 of the
Internal Revenue Code of 1986, as amended, to construct, own or operate the
housing development, agrees to accept payment of an annual service charge for
public services in lieu of all property taxes.
The annual service charge shall be equal to four percent (4%) of the
annual shelter rents less utilities.
(b) Limitation on
the payment of annual service charge. Notwithstanding subsection (a), the service
charge to be paid each year in lieu of taxes for the part of the housing
development which is tax exempt and which is occupied by other than low-income
persons shall be equal to the full amount of taxes which would be paid on that
portion of the housing development if the housing development were not exempt.
(Ord. No. 1685, § 1,
10-19-09)
Sec.
2-264.16. Establishment of annual
service charge for 2520 Charles Street.
(a)
Annual service charge. The housing
development identified as 2520 Charles Street and the property on which it is
located shall be exempt from all property taxes from and after the enactment of
this ordinance and for the year subsequent to timely notification of exemption
by the Michigan State Housing Development Authority. The City, acknowledging that the sponsor and
the authority have established the economic feasibility of the housing
development in reliance upon the enactment and continuing effect of this
ordinance and the qualification of the housing development for exemption from
all property taxes and a payment in lieu of taxes as established in this
ordinance, and in consideration of the sponsor’s offer, subject to receipt of
an allocation of low-income housing tax credits under Section 42 of the
Internal Revenue Code of 1986, as amended, to construct, own or operate the
housing development, agrees to accept payment of an annual service charge for
public services in lieu of all property taxes.
The annual service charge shall be equal to four percent (4%) of the
annual shelter rents less utilities.
(b)
Limitation on the payment of annual service charge.
Notwithstanding subsection (a), the service charge to be paid each year
in lieu of taxes for the part of the housing development which is tax exempt
and which is occupied by other than low-income persons shall be equal to the
full amount of taxes which would be paid on that portion of the housing
development if the housing development were not exempt.
(Ord. No. 1685, § 1,
10-19-09)
Sec.
2-264.17. Establishment of annual
service charge for 528 Cottonwood Street.
(a)
Annual service charge. The housing
development identified as 528 Cottonwood Street and the property on which it is
located shall be exempt from all property taxes from and after the enactment of
this ordinance and for the year subsequent to timely notification of exemption
by the Michigan State Housing Development Authority. The City, acknowledging that the sponsor and
the authority have established the economic feasibility of the housing
development in reliance upon the enactment and continuing effect of this
ordinance and the qualification of the housing development for exemption from
all property taxes and a payment in lieu of taxes as established in this
ordinance, and in consideration of the sponsor’s offer, subject to receipt of
an allocation of low-income housing tax credits under Section 42 of the
Internal Revenue Code of 1986, as amended, to construct, own or operate the
housing development, agrees to accept payment of an annual service charge for
public services in lieu of all property taxes.
The annual service charge shall be equal to four percent (4%) of the
annual shelter rents less utilities.
(b) Limitation on
the payment of annual service charge. Notwithstanding subsection (a), the service
charge to be paid each year in lieu of taxes for the part of the housing
development which is tax exempt and which is occupied by other than low-income
persons shall be equal to the full amount of taxes which would be paid on that
portion of the housing development if the housing development were not exempt.
(Ord. No. 1685, § 1,
10-19-09)
Sec. 2-265. Contractual
effect of article.
Notwithstanding the
provisions of section 15(a)(5) of the act to the contrary, a contract between
the city and the sponsors with the authority as third party beneficiary
thereunder, to provide tax exemption and accept payments in lieu thereof as
previously described is effected by enactment of this article.
(Ord. No. 948, § 2,
6-18-79)
Sec. 2-266.
Determination and payment of service charge.
The amount of the
service charge in lieu of taxes for the immediately proceeding calendar year
shall be determined by the City of Midland finance department. The sponsor
shall furnish to said department by March 15 of the calendar year following the
calendar year for which the service charge in lieu of taxes is to be determined
all documentation required to make said determination, which shall include but
not be limited to the documentation required under section 2-264.1.
The service charge in
lieu of taxes for the immediately preceding calendar shall be payable in the
same manner as general property taxes are payable to the city except that the
annual payment shall be paid on or before April 15 of the calendar year
following the calendar year for which the service charge in lieu of taxes is to
be determined.
(Ord. No. 948, § 2,
6-18-79; Ord. No. 1332, § 1, 11-20-95)
Sec. 2-267. Duration.
This article shall
remain in effect and shall not terminate so long as a mortgage loan made to a
sponsor for a development subject to this article remains outstanding and unpaid
or the authority has any interest in property subject to a service charge under
this article, and so long as the project remains compliant with Section 42 of
the Internal Revenue Code of 1986, as amended, if applicable; provided, that
construction of any housing development subject to this article commences
within one year from the effective date of the ordinance establishing the
annual service charge for said development.
(Ord. No. 948, § 2,
6-18-79; Ord. No. 1418, § 4, 7-13-98; Ord. No. 1419, § 4, 7-13-98)
Sec. 2-267.1. Duration
of exemption for specific developments.
With regard to
specific developments which have been granted tax exemption under this article,
each individual exemption shall remain in effect and shall not terminate so
long as a mortgage loan exists, or a mutual agreement to terminate is reached
between the parties.
(Ord. No. 1541, § 4,
9-9-02)
Sec. 2-268.
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 hereofother than
the section or provision so declared to be unconstitutional or invalid.
(Ord. No. 948, § 2,
6-18-79)
Secs. 2-269, 2-270.
Reserved.
ARTICLE XIV.
DIAL-A-RIDE
ADVISORY COMMISSION*
__________
* Editors Note: Ord. No. 957, § 1, adopted Aug.
27, 1979, amended the Code by adding thereto provisions designated as Art.
XIII, §§ 2-260--2-264. Inasmuch as Ch. 2 already contained an Art. XIII, with
the concurrence of the city said new provisions are included herein as Art.
XIV, §§ 2-271--2-275.
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Sec. 2-271. Created.
There is hereby
established an advisory body to the city council to be known as the
"Dial-A-Ride Advisory Commission".
(Ord. No. 957, § 1,
8-27-79)
Sec. 2-272. Membership.
Membership
of the dial-a-ride advisory commission shall consist of five (5) voting members
appointed by the city council. Each
member shall be a resident of the city.
One member shall be a handicapper.
One member shall be a person sixty-five (65) years of age or older. One member shall be designated by the Midland
County Council on Aging as its representative.
The dial-a-ride transportation manager or his designated representative
shall be an ex officio member without the right to vote.
(Ord. No. 957, § 1, 8-27-79; Ord. No. 1698, §
1, 5-24-10)
State Law References: Similar provisions,
M.S.A., § 9.1097(10f); M.C.L.A., § 247.660e.
Sec. 2-273. Terms of
members.
Each voting member of
the dial-a-ride advisory commission shall be appointed for a term of three (3)
years commencing on July 1, except that the members first appointed shall begin
their terms immediately with the handicapper member and one (1) member at large
being appointed for terms ending June 30, 1982, the other one (1) member at
large being appointed for a term ending June 30, 1981, and the elderly member
being appointed for a term ending July 1, 1980.
(Ord. No. 957, § 1,
8-27-79)
Sec. 2-274. Internal
administration.
The dial-a-ride
advisory commission shall select one of its voting members as chairman and
shall designate the ex officio member as secretary. The commission shall adopt
rules for the transaction of its business.
(Ord. No. 957, § 1,
8-27-79)
Sec. 2-275. Duties and
purpose.
The dial-a-ride
advisory commission will provide advice and information to the city council in
the development of a public transportation service plan in the City of Midland.
In the development of the plan, the advisory commission shall assist the city
council in addressing the full range of public transportation issues relevant
to persons sixty-five (65) years of age or older and handicappers. These public
transportation issues may include any or all of the following:
(a) Fare policies and structures;
(b) Driver training;
(c) Public education and system marketing;
(d) Route selection;
(e) Services and programs to meet the needs of all
handicappers and persons sixty-five (65) years of age or older;
(f) Other relevant ordinances, rules, and administrative
requirements affecting senior and handicapper transportation; and/or
(g) Development of comments on the public transportation
service plan for transmittal to the State Department of Transportation and the
East Central Michigan Planning and Development Region pursuant to the
requirements of Public Act 51 of the Public Acts of the State of Michigan of
1951, as amended.
(Ord. No. 957, § 1,
8-27-79)
State Law References: Similar provisions,
M.S.A., § 9.1097(1) et al; M.C.L.A., § 247.651 et al.
Secs. 2-276--2-279.
Reserved.
ARTICLE XV.
ABOLISHMENT
OF OFFICE
OF
CONSTABLE
Sec. 2-280. Abolishment
of office of constable.
Pursuant to Section 32
of Public Act 279 of the Public Acts of the State of Michigan of 1909 as
amended (MSA 5.2112; MCLA 117.32), the office of constable, described in
Sections 3.1, 3.3 and 9.15 of the Charter of the City of Midland, is herewith
abolished.
(Ord. No. 995, § 1,
12-22-80)
Secs. 2-281--2-289.
Reserved.
ARTICLE XVI.
RESERVED*
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* Editors Note: Ord. No. 1308, § 1, adopted
November 7, 1994, repealed Art. XVI, §§ 2-290--2-297, in its entirety. Former
Art. XVI pertained to the energy advisory commission, and derived from Ord. No.
994, § 1, adopted December 22, 1980.
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Secs. 2-290--2-297. Reserved.