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VILLAGE OF LAKEVIEW MONTCALM COUNTY, MICHIGAN

ORDINANCE No 01-01

AN ORDINANCE TO APPROVE THE YEAR 2000 AMENDMENT TO THE DOWNTOWN DEVELOPMENT AND TAX INCREMENT FINANCING PLAN PROPOSED BY THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE VILLAGE OF LAKEVIEW AND TO PROVIDE FOR THE COLLECTION OF TAX INCREMENT REVENUES.
THE VILLAGE OF LAKEVIEW ORDAINS:

Section 1. Title. This Ordinance shall be known and may be cited as the "Ordinance providing for the Year 2000 Amendment to the Downtown Development and Tax Increment Financing Plan."

Section 2. Definitions. The terms used herein shall have the same meaning given them in Act 197 as hereinafter in this section provided, unless the context clearly indicates to the contrary. As used in this Ordinance:
(a) "Act 197" shall mean Act No. 197 of the Public Acts of 1975, as amended, as now in effect or hereinafter amended, being known as the Michigan Downtown Development Authority Act.
(b) "Authority" shall mean the Downtown Development Authority of the Village of Lakeview.
(c) "Authority Board" shall mean the Board of the Authority, its governing body.
(d) "Village Council" shall mean the Village Council of the Village of Lakeview, Montcalm County, Michigan, a municipal corporation of the state of Michigan.
(e) "Development Area" shall mean the development area designated in the Development Plan as amended by the Year 2000 Amendment.
(f) "Development Plan" shall mean the Development Plan portion of the Plan.
(g) "Plan" shall mean the Downtown Development Authority of the Village of Lakeview Downtown Development and Tax Increment Financing Plan, originally approved by Ordinance 91.2, as amended by the Year 2000 Amendment.
(h) "Tax Increment Financing Plan" shall mean the Tax Increment Financing plan portion of the Plan for the collection of tax increments.
(i) "Year 2000 Amendment" shall mean the Year 2000 Amendment to the Downtown Development Authority of the Village of Lakeview Downtown Development and Tax Increment Financing Plan submitted by the Authority to the Village Council pursuant to Act 197 and approved by this Ordinance as it may be hereafter amended.

Section 3. Public Purpose. The Village Council finds and confirms the continued necessity to halt property value deterioration, to eliminate the causes of such deterioration and to promote economic growth, and hereby determines that the Year 2000 Amendment adopted by the Authority Board on December 26, 2000 and presented to the Village Council constitutes a public purpose.

Section 4. Considerations. In accordance with Section 19 of Act 197, the Village Council has considered the factors enumerated in that section and herein stated, making the following determinations:
(a) There being less than 100 residents in the Development Area, a development area citizens council was not formed.
(b) The Development Plan meets the requirements set forth in Section 17(2) of Act 197.
(c) The proposed method of financing the development is feasible and the Authority has the ability to arrange the financing.
(d) The development is reasonable and necessary to carry out the purposes of Act 197.
(e) The land included within the Development Area which may be acquired is reasonably necessary to carry out the purposes of the Development Plan and of Act 197 in an efficient and economically satisfactory manner.
(f) The Development Plan is in reasonable accord with the Village's master plan.
(g) Public services, such as fire and police protection and utilities, are or will be adequate to service the project area.
(h) Changes in zoning, streets, street levels, intersections and utilities are reasonably necessary for the project and for the municipality.

Section 5. Meetings. Representatives of all taxing jurisdictions within which all or a portion of the Development Area lies have had reasonable opportunity to present their opinions and comments regarding the Year 2000 Amendment to the Village Council.

Section 6. Public Hearing. The Village Council has held a public hearing on the Year 2000 Amendment with notice properly given in accordance with Section 18 of Act 197, and the Village Council has provided an opportunity for all interested persons to be heard regarding such Amendment.

Section 7. Approval. The Year 2000 Amendment is hereby approved in the form attached hereto as Exhibit A.
Section 8. Development Area. The Development Area as set forth and described in the Year 2000 Amendment is hereby approved and confirmed.

Section 9. Transmittal of Revenues. The Village Treasurer shall transmit to the Authority that portion of the tax levy of all taxing bodies paid each year on real and personal property in the Development Area on the captured assessed value as set forth in the Tax Increment Financing Plan.

Section 10. Effective Date. This Ordinance shall be effective 20 days after its adoption or upon its publication, whichever occurs later.

ection 11. Severabilitv and Repeal. If any portion of this Ordinance shall be held to be unlawful, the remaining portions shall remain in full force and effect. All ordinances and parts of Ordinances in conflict herewith are hereby repealed.
THIS ORDINANCE WAS INTRODUCED AND ADOPTED ON JANUARY 8, 2001.
 


Lee Burlison, President


Wally Delamater, Village Clerk
I hereby certify that the foregoing is a true and complete copy of Ordinance
No. 01-01 of the Village of Lakeview, Montcalm County, Michigan, duly adopted at a meeting of the Village Council on January 8, 2001.

Wally Delamater
Lakeview Village Clerk