Chapter 30

 

DOWNTOWN DEVELOPMENT AUTHORITY*

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*             Editors Note: Ord. No. 1184, enacted Dec. 11, 1989, adopted a tax increment financing plan and Development Plan No. 1 pertaining to the downtown development authority; a copy of such ordinance is on file and available for inspection in the city clerk's office.

                Note: Ordinance No. 1231, adopted Dec. 16, 1991, amended the tax increment financing plan and Development Plan No. 1 pertaining to the downtown development authority as set out in §§ 30-1--30-11, a copy of such ordinance is on file and available for inspection in the city clerk's office.

                Note: Ordinance No. 1611, adopted Feb. 20, 2006, amended the tax increment financing plan and Development Plan No. 1 pertaining to the downtown development authority as set out in §§ 30-1--30-11, a copy of such ordinance is on file and available for inspection in the city clerk's office.

 

                Cross References: Municipal planning commission, § 2-94 et seq.; zoning board of appeals, § 2-130 et seq.; housing commission, § 2-146 et seq.; buildings and building regulations, Ch. 5; fire prevention and protection, Ch. 8; housing code, Ch. 12; public improvements, Ch. 20; streets and sidewalks, Ch. 22; subdivisions, Ch. 23; traffic, Ch. 24; water, sewers and sewage disposal, Ch. 28; stormwater runoff regulation and control, Ch. 29.

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Sec. 30-1. Title.

This chapter shall be known and may be cited as the “Economic Development Ordinance.” 

 

Section 2.  Section 30-2 through Section 30-11 are hereby designated as Article I, which reads as follows:

 

ARTICLE I.  DOWNTOWN DEVELOPMENT AUTHORITY

(Sections 30-2 through 30-11 remain unchanged by this reference)

(Ord. No. 1657, § 1, 05-12-08; Ord. No. 1093, § 1, 7-1-85)

 

Sec. 30-2. Definitions.

 

The terms used herein shall have the same meaning as given them in Public Act 197 of the Public Acts of the State of Michigan of 1975, as amended, or as hereinafter in this section provided unless the context clearly indicates to the contrary. As used in this chapter:

 

            (a)        Act 197 means Public Act of the Public Acts of the State of Michigan of 1975 as now in effect or hereinafter amended.

 

            (b)        Authority means the City of Midland Downtown Development Authority created by this chapter.

 

            (c)        Board or board of directors means the board of directors of the authority, the governing body of the authority.

 

            (d)       Chief executive officer means the city manager of the city.

 

            (e)        Council or city council means the city council of the city.

 

            (f)        Development area means that area to which a development plan is applicable.

 

            (g)        Development plan means that information and those requirements for a development as are set forth in Section 17 of Act 197.

 

            (h)        Development program means the implementation of the development plan.

 

            (i)         Downtown district means the downtown district designated herein or as hereinafter amended.

(Ord. No. 1093, § 1, 7-1-85)

 

Sec. 30-3. Declaration of purpose.

 

The city council hereby determines that it is necessary for the best interests of the city to create a public body corporate in the form of the authority to assist the city in halting property value deterioration and increasing property tax valuation where possible in the business district of the city and to aid the city in eliminating the causes of that deterioration and in promoting economic growth by the creation of said authority pursuant to Act 197.

(Ord. No. 1093, § 1, 7-1-85)

 

Sec. 30-4. Creation of authority.

 

There is hereby created pursuant to Act 197 a downtown development authority for the city. The authority shall be a public body corporate and shall be known and exercise its powers under the title of the "City of Midland Downtown Development Authority." The authority may adopt a seal, may sue and be sued in any court of this state, and shall possess all of the powers necessary to carry out the purpose of its incorporation as provided herein and in Act 197. The enumeration of a power herein or in Act 197 shall not be construed as a limitation upon the general powers of the authority.

(Ord. No. 1093, § 1, 7-1-85)

 

Sec. 30-5. Description of downtown district.

 

            The downtown district in which the authority shall exercise its powers as provided by Act 197 shall consist of the property in the city described as follows:

 

                That area located of LAND SITUATED IN THE CITY OF MIDLAND, MIDLAND COUNTY MICHIGAN BEING FURTHER DESCRIBED AS BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF JEROME STREET WITH THE CENTERLINE OF BUTTLES STREET, CARPENTER AND HINES ADDITION RECORDED IN LIBER A OF PLATS, PAGE 25, MIDLAND COUNTY RECORDS; THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF BUTTLES STREET TO THE INTERSECTION OF SAID CENTERLINE WITH THE CENTERLINE OF CRONKRIGHT STREET; THENCE SOUTHWESTERLY ALONG THE CENTERLINE OF CRONKRIGHT STREET TO THE CENTERLINE OF POSEYVILLE ROAD (WESTBOUND ONE-WAY); THENCE SOUTHWESTERLY ALONG THE CENTERLINE OF POSEYVILLE ROAD TO THE INTERSECTION OF SAID CENTERLINE WITH THE CENTERLINE OF EAST MAIN STREET; THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF EAST MAIN STREET TO THE INTERSECTION OF SAID CENTERLINE WITH THE CENTERLINE OF STATE STREET; THENCE NORTHEASTERLY ALONG THE CENTERLINE OF STATE STREET, MAP OF LARKIN'S ADDITION TO MIDLAND CITY, RECORDED IN LIBER A OF PLATS, PAGE 26, MIDLAND COUNTY RECORDS, TO REFERENCE POINT "A", SAID POINT BEING THE INTERSECTION OF SAID CENTERLINE WITH THE NORTHWESTERLY EXTENSION OF THE NORTHEASTERLY LINE OF BLOCK 70 OF SAID PLAT; THENCE CONTINUING NORTHEASTERLY ALONG THE CENTERLINE OF STATE STREET TO THE INTERSECTION OF SAID CENTERLINE WITH NORTHEASTERLY LINE OF THE SOUTHWESTERLY 1/2 OF BLOCK 57 OF SAID PLAT EXTENDED SOUTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY LINE EXTENDED THROUGH SAID BLOCK 57 AND BLOCK 57 OF CARPENTER AND HINES ADDITION RECORDED IN LIBER A OF PLATS, PAGE 25, MIDLAND COUNTY RECORDS AND BLOCK 57 MAP OF CARPENTER'S DIVISION OF MIDLAND RECORDED IN LIBER C OF PLATS, PAGE A, MIDLAND COUNTY RECORDS, TO THE SOUTHEASTERLY RIGHT-OF-LINE OF GEORGE STREET; THENCE NORTHWESTERLY CROSSING GEORGE STREET AND CONTINUING NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 1/2 OF BLOCK 58, MAP OF CARPENTER'S DIVISION OF MIDLAND, TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF CRONKRIGHT STREET; THENCE NORTHWESTERLY CROSSING CRONKRIGHT STREET AND CONTINUING NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 1/2 OF BLOCK 59 IN SAID PLAT TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF TOWNSEND STREET; THENCE NORTHWESTERLY CROSSING TOWNSEND STREET AND CONTINUING NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 1/2 OF BLOCK 60 IN SAID PLAT TO THE CENTER OF SAID BLOCK; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF LOT 3 IN SAID BLOCK AND THE NORTHEASTERLY EXTENSION THEREOF TO THE CENTERLINE OF GROVE STREET IN SAID PLAT; THENCE NORTHWESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF SAID CENTERLINE WITH THE NORTHEASTERLY EXTENSION OF THE SOUTHEASTERLY LINE OF LOT 3, BLOCK 44, OF AFOREMENTIONED CARPENTER AND HINES ADDITION; THENCE SOUTHWESTERLY ALONG SAID LINE TO THE CENTER OF SAID BLOCK 44; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 1/2 OF SAID BLOCK TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF GORDON STREET; THENCE NORTHWESTERLY CROSSING GORDON STREET AND CONTINUING NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 1/2 OF BLOCK 44 1/2 IN SAID PLAT TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF FITZHUGH STREET; THENCE NORTHWESTERLY CROSSING FITZHUGH STREET AND CONTINUING NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 1/2 OF BLOCK K IN SAID PLAT AND THE NORTHWESTERLY EXTENSION THEREOF TO THE CENTERLINE OF JEROME STREET PER SAID RECORDED PLAT; THENCE SOUTHWESTERLY ALONG SAID CENTERLINE TO THE POINT OF BEGINNING. ALSO BEGINNING AT THE AFOREMENTIONED REFERENCE POINT "A"; THENCE SOUTHEASTERLY ALONG THE NORTHWESTERLY EXTENSION OF THE NORTHEASTERLY LINE OF BLOCK 70, MAP OF LARKIN'S ADDITION TO MIDLAND CITY, RECORDED IN LIBER A OF PLATS, PAGE 26, MIDLAND COUNTY RECORDS, TO THE NORTHERLY CORNER OF SAID BLOCK; THENCE S47°14'05"E 580.53 FEET; THENCE S47°10'05"E 886.15 FEET; THENCE S43°00'00"W 458.26 FEET; THENCE N51°59'28"W 134.20 FEET; THENCE N53°17'45"W 84.00 FEET; THENCE N57°30'38"W 124.00 FEET; THENCE N59°36'47"W 379.00 FEET; THENCE N62°22'00"W 127.42 FEET; THENCE N64°21'35"W 89.08 FEET; THENCE N65°14'57"W 578.34 FEET; THENCE NORTH TO THE AFOREMENTIONED INTERSECTION OF EAST MAIN STREET WITH THE CENTERLINE OF STATE STREET; THENCE NORTHEASTERLY ALONG THE CENTERLINE OF STATE STREET TO REFERENCE POINT "A" AND THE POINT OF BEGINNING. 

 

(Ord. No. 1093, § 1, 7-1-85; Ord. No. 1315, § 1, 4-10-95; Ord. No. 1495, § 1, 3-5-01; Ord. No. 1610, § 1, 2-20-06; Ord. No. 1733, § 1, 7-9-12)

 

Sec. 30-6. Board of directors.

 

            (a)        The authority shall be under the supervision and control of a board consisting of the chief executive officer of the city and eight (8) members. Beginning in 1991, a ninth member shall be added to the board. Beginning in 1992, a tenth and an eleventh member shall be added to the board, and beginning in June, 1993, a twelfth member shall be added to the board. The members shall be appointed by the chief executive officer subject to approval by the council. Not less than a majority of the members shall be persons having an interest in property located in the downtown district. Of the members first appointed, an equal number of the members shall be appointed for one (1) year, two (2) years, three (3) years and four (4) years. The initial term of the ninth member shall expire May 1, 1995. The initial term of the tenth member shall expire May, 1994, and the initial term of the eleventh member shall expire May, 1996. The term of the twelfth member shall expire May, 1997. A member shall hold office until the member's successor is appointed. Thereafter, each member shall serve for a term of four (4) years. An appointment to fill a vacancy shall be made by the chief executive officer of the city for the unexpired term only. Members of the board shall serve without compensation, but shall be reimbursed for actual and necessary expenses. The chairperson of the board shall be elected by the board.

 

            (b)        Before assuming the duties of office, a member shall qualify by taking and subscribing to the constitutional oath of office.

 

            (c)        The business which the board may perform shall be conducted at a public meeting of the board held in accordance with Public Act 267 of the Public Acts of the State of Michigan of 1976, as amended. Public notice of the time, date and place of the meeting shall be given in the manner required by Act 267. The board shall adopt rules consistent with Act 267 governing its procedure and the holding of regular meetings, subject to the approval of the council. Special meetings may be held when called in the manner provided in the rules of the board.

 

            (d)       Pursuant to notice, and after having been given an opportunity to be heard, a member of the board may be removed for cause by the council. Removal of a member is subject to review by the circuit court.

 

            (e)        All expense items of the authority shall be publicized monthly and the financial records shall always be open to the public.

 

            (f)        In addition to the items and records prescribed in subsection (e) set forth above, a writing prepared, owned, used, in the possession of, or retained by the board in the performance of an official function shall be made available to the public in compliance with Public Act 442 of the Public Acts of the State of Michigan of 1976, as amended.

(Ord. No. 1093, § 1, 7-1-85; Ord. No. 1211, § 1, 3-4-91; Ord. No. 1237, § 1, 5-4-92; Ord. No. 1264, § 1, 5-24-93)

 

Sec. 30-7. Powers of the authority.

 

The authority shall have all the powers enumerated or implied by law in Act 197; providing, however, that in the event the authority decides to employ an executive director, that the employment and compensation of the executive director shall be subject to the approval of the council. In the event a director is employed, he shall post a bond in the penal amount of one hundred thousand dollars ($100,000.00).

(Ord. No. 1093, § 1, 7-1-85)

 

Sec. 30-8. Fiscal year.

 

The fiscal year of the authority shall begin on July first of each year and end on June thirtieth of the following year or such other fiscal year as may hereinafter be adopted by the city.

(Ord. No. 1093, § 1, 7-1-85)

 

Sec. 30-9. Adoption of budget.

 

The board shall annually prepare a budget and shall submit it to the council on the same date that the proposed budget for the city is required by the city charter to be submitted to the council. The board shall not finally adopt a budget for any fiscal year until the budget has been approved by the city council. The board may, however, temporarily adopt a budget in connection with the operation of any improvements which have been financed by revenue bonds where required to do so by the ordinance authorizing the revenue bonds. For the first fiscal year of the authority, the board shall prepare a budget by October 1, 1985, which will be subject to approval by the council.

(Ord. No. 1093, § 1, 7-1-85)

 

Sec. 30-10. Financial reports.

 

The authority shall submit financial reports to the council on a quarterly basis with the first report to be furnished by the end of September, the second report by the end of December, the third report by the end of March, and the fourth report by the end of June of every calendar year. The financial reports shall be in sufficient detail so as to fully inform the council as to the financial activities of the authority during each of the quarters.

(Ord. No. 1093, § 1, 7-1-85)

 

Sec. 30-11. Audit.

 

The authority shall be audited annually by the same independent auditors auditing the city, and copies of the audit report shall be filed with the council.

(Ord. No. 1093, §, 7-1-85)

 

ARTICLE II.  CORRIDOR IMPROVEMENT AUTHORITY

 

Sec. 30-13.  Adopted.

 

The Corridor Improvement Authority Act (Public Act 280 of the Public Acts of the State of Michigan of 2005, as amended) is hereby adopted as the corridor improvement authority ordinance and made a part of this chapter as if fully set out herein, except such portions as are amended or deleted by the provisions of this division.

(Ord. No. 1657, § 3, 05-12-08)

 

Sec. 30-14.  Purpose and intent.

 

The purpose of this division is to provide for the establishment of a corridor improvement authority; to prescribe the powers and duties of the authority; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interest in real and personal property; to authorize the creation and implementation of development plans and development areas in the districts; to promote the economic growth of the districts; to create a board; to prescribe the powers and duties of the board; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to prescribe powers and duties of certain state officials; to provide for rule promulgation; and to provide a means through which the council may exercise the authority and discharge the responsibilities vested in it by this division and Public Act 280 of the Public Acts of the State of Michigan of 2005, as amended. 

 

The city is strongly committed to the revitalization and redevelopment of commercial properties that have historically developed along the city’s major arterial roadways (“commercial corridors”).  The council believes that revitalization and redevelopment of existing commercial corridors in maturing communities is preferable to the negative effects associated with the continual consumption of vacant land for commercial purposes in growth communities. 

 

There presently exist within the city a number of commercial corridors which could greatly benefit from the new Corridor Improvement Authority Act, Act 280 of PA 2005 (the “Act”), through analysis, short- and long-term planning, construction, renovation, repair, remodeling, rehabilitation, restoration, preservation and reconstruction of buildings and facilities.  Tax incremental financing is one of many tools available to finance these activities under the Act.

 

The council, having heard and considered testimony regarding the public need and potential benefits that are to be realized through the Act; and, having determined that it is necessary for the best interests of the public to redevelop and promote economic growth within commercial corridors; resolves to proceed with the creation and provide for the operation of a corridor improvement authority (“authority”) within the city pursuant to and in accordance with the provisions of the Act.

(Ord. No. 1657, § 3, 05-12-08)

 

Sec. 30-15.  Creation of authority.

 

There is created pursuant to this division a corridor improvement authority for the city.  The authority shall be known and exercise its powers under the name “Corridor Improvement Authority of the City of Midland”.  The authority shall possess all of the powers provided within this division and Public Act 280 of the Public Acts of the State of Michigan 2005, as amended.  The enumeration of a power in this division or in the Act shall not be construed as a limitation upon the general powers of the authority.

(Ord. No. 1657, § 3, 05-12-08)

 

Sec. 30-16.  Board.

 

a)                  Except as otherwise provided in the Act, the authority shall be under the supervision and control of a seven (7) member board consisting of the city manager or his or her designee and six (6) members appointed by the city manager subject to approve by the council.  Not less than a majority of the members shall be persons having an ownership or business interest in property located in the development area.  At least one (1) of the members shall be a resident of the development area or of an area within one-half mile of any part of the development area.  The board shall elect a chairperson from among its members.

 

Of the members first appointed, two (2) members shall be appointed for a term of one (1) year, two (2) members for a term of two (2) years, one (1) member for a term of three (3) years, and one (1) member for a term of four (4) years.  After the initial appointment, each member shall serve for a term of four (4) years.  A member shall hold office until the member’s successor is appointed.  An appointment to fill a vacancy shall be made by the city manager for the unexpired term only.  After having been given notice and an opportunity to be heard, a member of the board may be removed for cause by the council.

b)                  Before assuming the duties of office, a member shall quality by taking and subscribing to the constitutional oath of office.

c)                  The business which the board may perform shall be conducted at a public meeting of the board held in accordance with the Open Meetings Act, Public Act 267 of the Public Acts of the State of Michigan of 1976, as amended.  Public notice of the time, date and place of the meeting shall be given in the manner required by Act 267.  The board shall adopt rules consistent with Act 267 governing its procedure and the holding of regular meetings, subject to the approval of the council.  Special meetings may be held when called in the manner provided in the rules of the board. 

d)                 A writing prepared, owned, used, in the possession of, or retained by the board in the performance of an official function is subject to the Freedom of Information Act, Public 442 of the Public Acts of the State of Michigan of 1976, as amended.

e)                  Members of the board shall serve without compensation, but shall be reimbursed for actual and necessary expenses.

f)                   All expense items of the authority shall be publicized monthly and the financial records shall always be open to the public. 

(Ord. No. 1657, § 3, 05-12-08)

 

Sec. 30-17.  Powers of authority.

 

The board may do any of the following:

a)      Prepare an analysis of economic changes taking place in the development area.

b)      Study and analyze the impact of metropolitan growth upon the development area.

c)      Plan and propose the construction, renovation, repair, remodeling, rehabilitation, restoration, preservation, or reconstruction of a public facility, an exiting building, or a multiple-family dwelling unit which may be necessary or appropriate to the execution of a plan which, in the opinion of the board, aids in the economic growth of the development area.

d)     Plan, propose, and implement an improvement to a public facility within the development area to comply with the barrier-free design requirements of the state construction code promulgated under the Stile-De-Rossett-Hale singe state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531.

e)      Develop long-range plans, in cooperation with the agency that is chiefly responsible for planning in the municipality, designed to halt the deterioration of property values in the development area and to promote the economic growth to the development area, and take steps as may be necessary to persuade property owners to implement the plans to the fullest extent possible. 

f)       Implement any plan of development in the development area necessary to achieve the purposes of this act in accordance with the powers of the authority granted by this act.

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

h)      Acquire by purchase or otherwise, on terms and conditions and in a manner the authority considers proper or own, convey, or otherwise dispose of, or lease as lessor or lessee, land and other property, real or personal, or rights or interests in the property, that the authority determines is reasonably necessary to achieve the purposes of this act, and to grant or acquire licenses, easements, and options.

i)        Improve land and construct, reconstruct, rehabilitate, restore and preserve, equip, improve, maintain, repair and operate any building, including multiple-family dwellings, and any necessary or desirable appurtenances to those buildings, within the development area for the use, in whole or in part, of any public or private person or corporation or a combination thereof.

j)        Fix, charge, and collect fees, rents, and charges for the payment of revenue bonds issued by the authority.

k)      Lease, in whole or in part, any facility, building, or property under its control.

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

m)    Acquire and construct public facilities.

n)      Conduct market research and public relations campaigns, develop, coordinate, and conduct retail and institutional promotions, and sponsor special events and related activities.

o)      Contract for broadband service and wireless technology service in a development area.

(Ord. No. 1657, § 3, 05-12-08)

 

Sec. 30-18.  Description of the development area.

 

The development area in which the board shall exercise its powers as provided by Act 280 of the Public Acts of the State of Michigan of 2005, as amended, shall consist of the property in the city described as follows: 

 

A parcel of the land in Sections 9, 10, 15, 16 and 22, T. 14 N. – R. 2 E., City of Midland, Midland County, Michigan, described as follows: 

To fix the point of beginning commence at a point on the South line of Section 15, said point being the intersection of the West 1/8 line of said Section 15 and said South Section line, said point also being the intersection of East Patrick Road (so-called) and Bayliss Street (so-called); thence North, on said West 1/8 line, 33.00 feet; thence East, 32.00 feet to the East right-of-way of said Bayliss Street and the point of beginning of this description;

thence North, on said East right-of-way line, 99.00 feet; thence East, 50.00 feet; thence North, 1.00 feet; thence East, 50.00 feet; thence North, 450.00 feet; thence West, 100.00 feet to said East right of way line of Bayliss Street so-called;

thence North, on said East line, 77.00 feet; thence East, 566.55 feet; thence North, 500.00 feet; thence East, 501.35 feet; thence South, 126.95 feet; thence East 240.00 feet to the centerline of Washington Street (so-called), said centerline also being the North and South 1/4 line of said Section 15;

thence North, on said North and South 1/4 line, 361.39 feet to the intersection of the centerlines of said Washington Street and Michigan Street (so-called);

thence Northwesterly, on the centerline of said Michigan Street, to the intersection of said centerline of Michigan Street and the South right-of-way of Eastlawn Drive (so-called);

thence East, on said South right-of-way of Eastlawn Drive, to a point on the Westerly right-of-way of South Saginaw Street (so-called), said point also being the Northeasterly corner of Lot 1, Block 2, of recorded Plat of Assessor’s Plat Of Eastlawn Addition;

thence Northwesterly, on said Westerly right-of-way of said South Saginaw Street to a point, said point being 209.95 feet, measured along said Westerly right-of-way, Southeasterly of the Easterly corner of Lot 1 of recorded Replat of Keppel’s Addition;

thence Southwesterly, 120.00 feet, to the Southerly extension and a line common to Lots 1 through 13 of said Replat of Keppel’s Addition;

thence Northwesterly, on said Southerly extension and line common to Lots 1 through 13, to the North line of said Replat of Keppel’s Addition; thence East, on said North line, 17.13 feet;

thence Northwesterly to the centerline of Dartmouth Drive (so-called); thence Southwesterly, on said centerline of Dartmouth Drive, to the Southerly extension of the Southwesterly right of way line of Bayliss Street (so-called);

thence Northwesterly, on said Southerly extension and right-of-way line of Bayliss Street (so-called), 198.49 feet;

thence West, 179.89 feet; thence North, 60.00 feet; thence West, to the Easterly right-of-way line of Jefferson Avenue (so-called);

thence North, on said Easterly right-of-way of Jefferson Avenue (so-called), to the centerline of Rodd Street (so-called); thence Southwesterly, on the centerline of Rodd Street (so-called), to the centerline of Nickles Street (so-called);

thence Northwesterly, on said centerline of Nickles Street (so-called), to the centerline of Ashman Street (so-called); thence Northeasterly, on said centerline of Ashman Street, to the centerline of Mertz Street (so-called);

thence Northwesterly, on said centerline of Mertz Street, to the Southwesterly extension of the South line of the recorded plat of Edgewood Park Subdivision;

thence Northeasterly, on said Southwesterly extension and said South line of said plat of Edgewood Park Subdivision, to the Northwesterly corner line of Lot 6, of the recorded plat of Patterson’s Addition;

thence Northeasterly, on the Northwesterly line of Lots 6, 7 and 8 of said Patterson’s Addition, to the Northeasterly line of Lot 4 of said subdivision;

thence Northwesterly, on said Northeasterly line of Lot 4 and the Northeasterly line of Lots 12 and 7 and their extension in the recorded plat of Edgewood Park Subdivision, to the Northerly right-of-way of Manor Drive (so-called); thence Northeasterly, on said Northerly right-of-way, to a point 150.00 feet Southwesterly of the intersection of the Northerly right-of-way of Manor Drive and the Westerly right-of-way of North Saginaw Road;

thence Northwesterly, from said point, 120.00 feet; thence Northeasterly, to the centerline of North Saginaw Road (so-called);

thence Southeasterly, on said centerline of North Saginaw Road, to the intersection with the Southwesterly extension of North Line of Lot 11 in the recorded Plat of Mol Subdivision;

thence Northeasterly, on said Southwesterly extension and the North line of said Lot 11, 184.35 feet, to the Northeasterly line of said Lot 11;

thence Southeasterly, on said Northeasterly line of said Lot 11 and 12 of said subdivision, 203.08 feet, to the Northwesterly line of Lot 13 of said subdivision;

thence Northeasterly, on said Northwest line of said Lot 13, to the intersection with Vail Court (so-called) right-of-way;

thence Southeasterly, on said right-of-way line, 34.65 feet, to the East line of said Lot 13; thence South, on the East line of said Lot 13, 125.20 feet, to the South line of said Plat of Mol Subdivision;

thence East, on said South Subdivision line and its Easterly extension, to the center line of Jefferson Avenue (so-called) and the Section line common to Sections 9 and 10;

thence South, on said Section line, to the Westerly extension of the South line of Lot 8 of the recorded plat Assessor’s Plat No. 3; thence East, on said Westerly extension and the South line of said Lot 8 and its Easterly extension to the centerline of relocated Cambridge Street (so-called);

thence Southerly, on said centerline of Cambridge Street, to the South line of Section 10 and the centerline of Ashman Street, (so-called);

thence East, on said centerline, to the intersection with the Northerly extension of the East line extended of Lot 4 of the recorded plat of Streuer’s Addition No. 3; thence South, on said Northerly extension and said East line, to the Northeast line of Lot 24 of said subdivision; thence Southeasterly, on said Northeast line of said Lot 24 and its Southeasterly extension, to the centerline of Edwin Street (so-called);

thence Southwesterly, on said centerline of Edwin Street, to the centerline of Cambridge Street (so-called); thence Southeasterly, on the centerline of Cambridge Street, to the centerline of Washington Street (so-called), said centerline also being the North and South 1/4 line of said Section 15;

thence South, on said centerline of Washington Street (so-called) to the intersection of the  Northwesterly extension of the Southwesterly right-of-way line of Wisconsin Road (so-called);

thence Southeasterly on said Northwesterly extension and said Southwesterly line, to the East line of Reinhart’s Addition; thence South, on said East line, 41.73 feet; thence Southeasterly, 166.44 feet; thence South, to the North right-of-way line of East Haley Street (so-called); thence East, on said North right-of-way, to the centerline of Virginia Street (so-called);

thence South, on the centerline of said Virginia Street and its Southerly extension, to a point on the East line of the recorded subdivision of Woodworth Addition, said point being 153.00 feet South of the Northeast corner of said subdivision;

thence East, to a point on the West line of the recorded plat of Parkwood Addition, said point being, 120.00 feet South of the Northwest corner of Lot 51 of said Parkwood Addition plat;

thence South, on said West line, to the Southerly line of Lot 52, said Southerly line of Lot 52, also being the Northeasterly line of Lot 90 of said plat; thence Southeasterly, on a line common to Lots 52 through 56 and 86 through 90 of said plat, 357.07 feet to the mid point of the Northeasterly line of said Lot 86;

thence Southwesterly, on a line which is parallel with and 30.00 feet, measured at right angles, Northwesterly of the Southeasterly line, of said Lot 86, and its Southwesterly extension to the centerline of vacated Colorado Street (so-called);

thence Southeasterly, on said centerline of vacated Colorado Street to the centerline of the existing right of way of said Colorado Street; thence continuing Southeasterly on said centerline, to the centerline of Walsh Street (so-called);

thence South, on said centerline of Walsh Street, to the South right of way line of East Patrick Road (so-called); thence East, on said South line to the Southwesterly right of way line of the “off ramp” of West Bound Highway M-20 / US 10;

thence Southeasterly on said Southwesterly right of way of said “off ramp” to the North line of said West Bound Highway M-20 / US 10;

thence West on said North line to a point, 348.48 feet West of the East 1/8 line of Section 22; thence North, to the North right-of-way of said East Patrick Road; thence West, on said North line to the point of beginning.

(Ord. No. 1657, § 3, 05-12-08)

 

Sec. 30-19.  Director’s bond.

 

In the event the board elects to employ a director as authorized by Section 9(1) of the Act, the director, before entering upon the duties of office, shall, in addition to any other requirements of law, post a bond in the penal sum of $10,000.00, payable to the authority for the use and benefit of the authority, which shall be approved by the board and filed with the city clerk.  The premium on the bond furnished by the director shall be considered an operating expense of the authority, payable from funds available to the authority for expenses of operation.

(Ord. No. 1657, § 3, 05-12-08)

 

Sec. 30-20.  Filing ordinance with secretary of state.

 

The City of Midland Corridor Improvement Authority Ordinance and any amendments shall be filed with the Secretary of State promptly after adoption.

(Ord. No. 1657, § 3, 05-12-08)

 

Sec. 30-21.  Fiscal year.

 

The fiscal year of the authority shall begin on July first of each year and end on June thirtieth of the following year or such other fiscal year as may hereinafter be adopted by the city. 

(Ord. No. 1657, § 3, 05-12-08)

 

Sec. 30-22.  Adoption of budget.

 

The board shall annually prepare a budget and shall submit it to the council on the same date that the proposed budget for the city is required by the city charter to be submitted to the council.  The board shall not finally adopt a budget for any fiscal year until the budget has been approved by the council.  The board may, however, temporarily adopt a budget in connection with the operation of any improvements which have been financed by revenue bonds for approval.  The board shall not adopt a budget for any fiscal year until the council has approved the budget. 

(Ord. No. 1657, § 3, 05-12-08)

 

Sec. 30-23.  Termination.

 

Upon completion of its purposes for which it is organized, the authority shall be dissolved by ordinance of the council.  The property and assets of the authority remaining after the satisfaction of the obligations of the authority shall revert to the city.

 

Section 3.  All other provisions of the Code of Ordinances not specifically amended shall remain in full force and effect.

(Ord. No. 1657, § 3, 05-12-08)