NOTICE OF FIRST READING OF THE PROPOSED AMENDMENT TO DOWNTOWN DEVELOPMENT AUTHORITY ORDINANCE

NOTICE IS HEREBY GIVEN, that at its regular meeting on December 6, 2022, at the Township Hall located at 6483 Waldon Center Drive, Clarkston, Michigan 48346, the Charter Township of Independence Board of Trustees approved the First Reading and Adoption of an Amendment to Downtown Development Authority Ordinance, Chapter 22, Economic Growth Promotion, Section 22-21 “Powers and Duties of the Authority” subsection (a), subsection (b), and subsection (c).

The following is a summary of the proposed Ordinance amendments as presented at on December 6, 2022. It is the purpose of this Ordinance Amendment to remove certain restrictions on the capture of tax increment revenues and the incurrence of debt.

A true copy of the proposed Ordinance Amendment is on file and available for viewing between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday at the Independence Township’s Clerk’s Office, 6483 Waldon Center Drive, Clarkston, Michigan 48346.

CHARTER TOWNSHIP OF INDEPENDENCE
COUNTY OF OAKLAND
STATE OF MICHIGAN
ORDINANCE NO. TBD
AN ORDINANCE TO AMEND THE DOWNTOWN DEVELOPMENT AUTHORITY ORDINANCE TO REMOVE CERTAIN RESTRICTIONS ON THE CAPTURE OF TAX INCREMENT REVENUES AND THE INCURRENCE OF DEBT.

THE CHARTER TOWNSHIP OF INDEPENDENCE ORDAINS:

Section 1. Amendment to the Downtown Development Authority Ordinance, Chapter 22, Economic Growth Promotion, Section 22-21 – Powers and Duties of the Authority. The Downtown Development Authority Ordinance, Chapter 22, Economic Growth Promotion, Section 22-21 “Powers and Duties of the Authority” is hereby amended to amend subsection (a), delete subsection (b), and to change the lettering of and amend subsection (c), and shall read as follows:

Sec. 22-21. Powers and Duties of the Authority.

The Authority shall have the powers and duties as provided for in the Act, except that the Authority shall not have power to:

(a) Capture tax increments to the extent that such tax increments are based upon tax levies made to pay debt service on school bonds; and/or

(b) Capture tax increments subsequent to the 1996 tax year.

(cb) Levy to the limited extent authorized by statute an ad valorem tax and/or borrow money and issue bonds or noted without the approval of the Township Board and approval by majority vote of the electors situated within the Downtown District.

Section 2. Confirmation of Ordinance; Conflict and Severability. The remainder of the Downtown Development Authority Ordinance adopted on August 26, 1986 is hereby confirmed. All ordinances, resolutions and orders or parts thereof in conflict with the provisions of the Ordinance are to the extent of such conflict hereby repealed, and each section of the Ordinance and each subdivision of any section thereof is hereby declared to be independent, and the finding or holding of any section or subdivision thereof to be invalid or void shall not be deemed or held to affect the validity of any other section or subdivision of the Ordinance.

Section 3. Paragraph Headings. The paragraph headings in this Ordinance are furnished for convenience of reference only and shall not be considered to be a part of the Ordinance.

Section 4. Copies to be available. Copies of the Ordinance are available at the office of the Township Clerk for inspection by, and distribution to, the public during normal office hours.

Section 5. Publication. The Clerk for the Charter Township of Independence shall cause this Ordinance to be published in the manner required by law.

Section 6. Effective Date. This Ordinance shall be effective upon publication in the manner prescribed by law.

CHARTER TOWNSHIP OF INDEPENDENCE
By: Cari J. Neubeck, Township Clerk

Introduced: December 6, 2022
Published: December 14, 2022 – Clarkston News