Development

ORDINANCE NO. 221-13 – CONSUMERS ENERGY GAS FRANCHISE
ORDINANCE NO. 241-19 – CONSUMERS ENERGY ELECTRIC FRANCHISE
ORDINANCE NO. 169 – LEVY OF SPECIAL ASSESSMENTS
ORDINANCE NO. 225 – AMENDMENT TO ORDINANCE 169 (SPECIAL ASSESSMENT)
ORDINANCE NO. 228 – DOWNTOWN DEVELOPMENT AUTHORITY, as amended
ORDINANCE NO. 180 – TAX INCREMENT FINANCING PLAN ORDINANCE, as amended
ORDINANCE NO. 191 – MODIFICATION OF THE DEVELOPMENT PLAN & TAX INCREMENT FINANCING PLAN OF THE DDA
ORDINANCE NO. 221-13 – CONSUMERS ENERGY GAS FRANCHISE

CONSUMERS ENERGY COMPANY GAS FRANCHISE ORDINANCE

AN ORDINANCE, granting to CONSUMERS ENERGY COMPANY, its successors and assigns, the right, power and authority to lay, maintain and operate gas mains, pipes and services on, along, across and under the highways, streets, alleys, bridges, waterways, and other public places, and to do a local gas business in the City of Stanton, Montcalm County, Michigan, for a period of fifteen years.

THE CITY OF STANTON ORDAINS:

Section 1. GRANT, TERM. The City of Stanton, Montcalm County, Michigan, hereby grants to the Consumers Energy Company, a Michigan corporation, its successors and assigns, hereinafter call the “Grantee,” the right, power and authority to lay, maintain and operate gas mains, pipes and service on, along, across and under the highways, streets, alleys, bridges, waterways and other public places, and to do a local gas business in the City of Stanton, Montcalm County, Michigan, for a period of fifteen years.

Section 2. CONSIDERATION. In consideration of the rights, power and authority hereby granted, the Grantee shall faithfully perform all things required by the terms hereof.

Section 3. CONDITIONS.

  1. No highway, street, alley, bridge, waterway, or other public place used by the Grantee shall be obstructed longer than necessary during the work of construction or repair (the “work”) and must be restored to the same good order and condition as when such work as commended. All pipes and mains shall be buried in a careful and proper manner so as not to injure persons or property.
  2. Condition of highways, streets and alleys. Grantee’s gas system and associated appurtenances must be neat and slightly and must not unnecessarily interfere with the use of the public rights-of-way. All work performed by the Grantee must be done so as not to unreasonably interfere with the use of public rights-of-way or other public places, and when completed, the public rights-of-way or other public places must be left in as good condition as when work was commenced.
  3. Grantee must give 49 hours written notice to the City before undertaking any work in the City involving public rights-of-way or other public place. The notice must state the intended duration of any obstruction.
  4. The Grantee may immediately commence construction or repair work resulting from a storm or other act of God or when deemed necessary to prevent danger to life of property, and in such case, the Grantee must notify the City of the construction or repair work as soon as reasonably practical.

Section 4. HOLD HARMLESS. Grantee must at all times keep and save the City and its officials, officers, employees and agents free and harmless from all claims for damages, costs and expense arising from or related to Grantee’s negligent or other legally actionable errors or omissions in the exercise of rights under this ordinance. In case any action asserting a claim against the City on account of the permission herein given is commenced, Grantee must defend the action and save the City and its officials, officers, employees and agents free and harmless from all costs, expenses, losses and damages of or awarded or incurred in the action. Nothing in this section authorizes the City to make or attempt to make alterations or repairs to Grantee’s gas distribution system. The City will promptly provide written notice to Grantee of claims or actions believed to be the responsibility of Grantee under this section.

Section 5. EXTENSIONS. The Grantee shall construct and extend its gas distribution system within said City and shall furnish gas to applicants residing therein in accordance with applicable laws, rules and regulations.

Section 6. FRANCHISE NOT EXCLUSIVE. The rights, power and authority herein granted, are not exclusive. Either manufactured or natural gas may be furnished hereunder; provided, however, that any such operations must comply with all zoning and other laws of the City and state of Michigan.

Section 7. RATES. The Grantee shall be entitled to charge the inhabitant of said City for gas furnished therein, the rates as approved by the Michigan Public Service Commission, to which Commission or its successors authority and jurisdiction to fix and regulate gas rates and rules regulating such service in said City, are hereby granted for the term of this franchise. Such rates and rules shall be subject to review and change at any time upon petition therefor being made by either said City, acting by its City Commission, or by said Grantee.

Section 8. REVOCATION. The franchise granted by this ordinance is subject to revocation upon sixty (60) days written notice by the party desiring such revocation.

Section 9. MICHIGAN PUBLIC SERVICE COMMISSION, JURISDICTION. Said Grantee shall, as to all other conditions and elements of service not herein fixed, be and remain subject to the reasonable rules and regulations of the Michigan Public Service Commission or its successors, applicable to gas service in said City.

Section 10. REPEALER. This ordinance, when accepted and published as herein provided, shall repeal and supersede the provisions of a gas ordinance adopted by the City Commission on January 6, 1932 entitled:

AN ORDINANCE, granting to CONSUMERS POWER COMPANY, its successors and assigns, the right, power and authority to lay, maintain and operate gas mains, pipes and services on, along, across and under highways, streets, alleys, bridges and other public places, and to do a local gas business in the City of Stanton, Montcalm County Michigan, for a period of thirty years.

and amendments if any, to such ordinance whereby a gas franchise was granted to Consumers Energy Company.

Section 11. EFFECTIVE DATE. This ordinance shall take effect upon the later of the day after the date of publication thereof and ten (10) days after it passage; provided, however, it shall cease and be of no effect after thirty days from it adoption unless within said period the Grantee shall accept the same in writing filed with the City Clerk. Upon acceptance and publication hereof, this ordinance shall constitute a contract between said City and said Grantee.

(enacted March 26, 2013)

ORDINANCE NO. 241-19 – CONSUMERS ENERGY ELECTRIC FRANCHISE

CONSUMERS ENERGY COMPANY ELECTRIC FRANCHISE ORDINANCE

AN ORDINANCE, granting to CONSUMERS ENERGY COMPANY, its successors and assigns, the right and authority to construct, maintain and commercially use electric lines and related facilities including but not limited to towers, masts, poles, crossarms, guys, wires and transformers on, under, along, and across public places including but not limited to highways, streets, alleys, bridges, and waterways, and to conduct a local electric business in the CITY OF STANTON, MONTCALM COUNTY, MICHIGAN, for a period of ten years.

THE CITY OF STANTON ORDAINS:

SECTION 1.  GRANT and TERM.  The CITY OF STANTON, MONTCALM COUNTY, MICHIGAN, hereby grants to Consumers Energy Company, its successors and assigns, hereinafter called “Consumers” the right and authority to towers, masts, poles, crossarms, guys, wires and transformers on, under, along, and across public places including but not limited to highways, streets, alleys, bridges, and waterways, and to conduct a local electric business in the CITY OF STANTON, MONTCALM COUNTY, MICHIGAN, for a period of ten years.

SECTION 2. CONDITIONS.  No public place used by Consumers shall be obstructed longer than necessary during construction or repair, and shall be restored to the same order and condition as when work was commenced.  All of Consumers’ electric lines and related facilities shall be placed as not to unnecessarily interfere with the public’s use of public places. Consumers shall have the right to trim or remove trees if necessary in the conducting of such business; provided, however, that such activities shall be preceded by not less than 24 hours’ advance notice to the City except in cases of emergency, safety issues or the restoration of power.

SECTION 3. HOLD HARMLESS.  Consumers shall save the City, its officers and employees free and harmless from all loss, costs and expense to which they may be subject by reason of the negligent construction, maintenance or operation of the lines and related facilities hereby authorized.  In case any action is commenced against the City on account of the permission herein given, Consumers shall, upon notice, defend the City and its representatives and hold them harmless from all loss, costs and damage arising out of such negligent construction and maintenance.

SECTION 4. EXTENSIONS.  Consumers shall construct and extend its electric distribution system within said City, and shall furnish electric service to applicants residing therein in accordance with applicable laws, rules and regulations.

SECTION 5. FRANCHISE NOT EXCLUSIVE.  The rights, power and authority herein granted, are not exclusive.

SECTION 6. RATES and CONDITIONS.  Consumers shall be entitled to provide electric service to the inhabitants of the City at the rates and pursuant to the conditions as approved by the Michigan Public Service Commission.  Such rates and conditions shall be subject to review and change upon petition to the Michigan Public Service Commission.

SECTION 7. REVOCATION.  The franchise granted by this ordinance is subject to revocation upon sixty (60) days written notice by either party.  Upon revocation this ordinance shall be considered repealed and of no effect past, present or future.

SECTION 8. MICHIGAN PUBLIC SERVICE COMMISSION JURISDICTION.  Consumers remains subject to the reasonable rules and regulations of the Michigan Public Service Commission applicable to electric service in the City.

SECTION 9. REPEALER.  This ordinance, when enacted, shall repeal and supersede the provisions of any previous Consumers’ electric franchise ordinance adopted by the City including any amendments.

SECTION 10. EFFECTIVE DATE.  This ordinance shall take effect on November 22, 2019.

We certify that the foregoing Franchise Ordinance was duly enacted by the City Council of the CITY OF STANTON, MONTCALM COUNTY, MICHIGAN, on the 12th day of November, 2019.

ORDINANCE NO. 169 – LEVY OF SPECIAL ASSESSMENTS

CITY OF STANTON

AN ORDINANCE TO ESTABLISH PROCEDURES FOR THE LEVY OF SPECIAL ASSESSMENTS FOR LOCAL PUBLIC IMPROVEMENTS.

THE CITY OF STANTON (MONTCALM COUNTY MICHIGAN) ORDAINS:

Section 1.   Short Title.

This Ordinance shall be known as the “Special Assessment Ordinance”.

Section 2.   Purpose.

The City Council shall have the power to take any public improvement described in Section 2, below, and to determine that the whole or any part of the cost of any public improvement shall be defrayed by special assessments against the property especially benefited by the improvement.

Section 3.   Costs.

The costs of a public improvement shall include all costs and expenses of purchasing, acquiring, constructing, improving, enlarging, extending, repairing a public improvement, including any engineering, architectural, legal, accounting and financial expenses, not to exceed twelve (12) months capitalized interest on any bonds to be issued by the City for the public improvements and other expenses incident thereto.

Section 4.   Public Improvements.

The term public improvement as used in this ordinance shall be construed to mean any public work or public and special improvement which the City is empowered to undertake under the City Charter or the laws of the State of Michigan, any part of the cost of which may be assessed against property benefited, including without limitation the following:

  1. The construction, improvement and maintenance of storm or sanitary sewers (or the separation thereof) or combined storm and sanitary sewer systems.
  2. The construction, improvement, and maintenance of public streets and roads.
  3. The construction, improvement, and maintenance of public parks.
  4. The acquisition, improvement, and maintenance of public parks.
  5. The construction, improvement, and maintenance of elevated structures for foot travel over streets and roads in the City.
  6. The collection and disposal of garbage and rubbish.
  7. The construction, maintenance, and improvement of bicycle paths.
  8. The construction, maintenance, repair, or improvement of erosion control structures or dikes.
  9. The planting, maintenance, and removal of trees.
  10. The installation, improvement, and maintenance of lighting systems.
  11. The construction, improvement, and maintenance of sidewalks.
  12. The eradication or control of aquatic weeds and plants.
  13. The construction improvement, and maintenance of private roads.
  14. The construction improvement and maintenance of public parking systems.

Section 5.   Initiative of City Council, Written Objections, and Petitions.

  1. The City Council may proceed to carry out a public improvement unless written objections to the public improvement are filed with the City Council at or before the public hearing provided in Section (6) by property owners as follows:
    1. For a public improvement under Section 4(a), (b), (d), (e), (f), (h), (i), (j), (l), or (n), by the record owners of land constituting more than 20% of the total land area in the proposed special assessment district.
    2. For a public improvement under Section 4(c), (g), (k), or (m), by the record owners of land constituting more than 20% of the total frontage upon the street, road, bicycle path, or sidewalk.
  2. The City Council may require the filing of a petition meeting the requirements of subsection (3) before proceeding with a public improvement.
  3. If written objections are filed as provided in subsection (1), or if the City Council requires a petition before proceeding, the City Council shall not proceed with the public improvement until a petition is filed with City Clerk which is signed as follows:
    1. For a public improvement under Section 4(a), (b), (d), (e), (f), (i), (j), (l), or (n) by the record owners of the land constituting more than 50% of the total land area in the special assessment district as finally established by the City Council.
    2. For an improvement under Section 4(c), (g), (k), or (m), by the record owners of land constituting more than 50% of the total frontage upon the street, road, bicycle path, or sidewalk.
  4. As used in this ordinance, “record owner” means a person, sole proprietorship, partnership, association, firm, corporation, or other legal entity, possessed of the most recent fee title or land contract vendee’s interest in the land as shown by the records of the county register of deeds. Record owners shall be determined by the records in the register of deeds’ office as of the day of the filing of a petition, or if written objections are filed as provided in subsection (1), then on the day of the hearing. In determining the sufficiency of the petition lands not subject to special assessment and lands within a public highway or alley shall not be included in computing frontage or an assessment district area. Any filed petition may be supplemented as to signature by the filing of an additional signed copy or copies of the petition and the validity of the signatures on a supplemental petition shall be determined by the records as of the day of filing the supplemental petition.

Section 6.   Plans and Cost Estimate, Public Hearing.

  1. Upon receipt of a petition or upon determination of the City Council if a petition is not required under Section 5, the City Council, if it desires to proceed with a public improvement, shall cause to be prepared by a registered engineer plans describing the public improvement and its location together with an estimate of the cost of the public improvement on a fixed or periodic basis, as appropriate. Upon receipt of the plans and estimate of cost, the City Council shall order the same to be filed with the City Clerk. If the City Council desires to proceed with the public improvement, the City Council shall tentatively declare by resolution its intention to make the public improvement and tentatively designate the special assessment district against which the cost of the public improvement or a designated part of the public improvement is to be assessed.
  2. The City Council shall set a time and place for a public hearing to meet and hear any objections to the petition, if a petition is required, to the public improvement and to the special assessment district, and shall cause notice of the hearing to be given as provided in Section 7. The notice shall state that the plans and estimates are on file with the City Clerk for public examination and shall contain a description of the proposed special assessment district. If periodic redeterminations of cost will be necessary without a change in the special assessment district, the notice shall state that such redeterminations may be made without further notice to record owners or parties in interest in the property.
  3. At the public hearing, or any adjournment of the hearing which may be without further notice, the City Council shall hear any objections to the petition, if a petition is required, to the public improvement and to the special assessment district. The City Council may revise, correct, amend, or change the plans, estimate of cost or special assessment district.
  4. Property shall not be added to the special assessment district unless notice is first given as provided in Section 7, or by personal service upon the record owners of the property in the entire proposed special assessment district and a hearing afforded to the record owners. If a petition is required because property is added to the special assessment district which makes the original petition insufficient, then a supplemental petition shall be filed containing sufficient additional signature of record owners. If the nature of the public improvement to be made is such that a periodic redetermination of costs will be necessary without a change in the special assessment district boundaries, the City Council shall include in its estimate of costs any projected incremental increases. If at any time during the term of the special assessment district an actual incremental cost increase exceeds the estimate thereof by 10% or more, notice shall be given as provided in Section 7 and a hearing afforded to the record owners of property to be assessed.

Section 7.   Notice of Public Hearing.

  1. Notice of hearings in special assessment proceedings shall be given to each record owner of or party in interest in property to be assessed whose name appears upon the last City tax assessment records by first class mail addressed to the record owner or party in interest at the address shown on the tax records, at least ten (10) days before the date of the hearing. The last City tax assessment records means the last assessment roll for ad valorem tax purposes which was reviewed by the City’s Board of Review, as supplemented by any subsequent changes in the names or the addresses of the owners or parties listed on that roll. If a record owner’s name does not appear on the City tax assessment records, then notice shall be given by first class mailed addressed to the record owner at the address shown by the records of the county register of deeds at least ten (10) days before the date of hearing.
  2. Notice shall also be published twice before the hearing in a newspaper circulating in the City. The first publication shall be at least ten (10) days before the date of the hearing.
  3. If a person claims an interest in real property whose name and correct address do not appear upon the last City tax assessment records, that person shall file immediately his or her name and address with the City Clerk. This filing is effective only for the purpose of establishing a record of the names and addresses of those persons entitled to notice of hearings in special assessment proceedings. The City Clerk shall immediately enter on the tax assessment records any changes in the names and address of record owners or parties in interest filed with the City Clerk and at all times shall keep the tax assessment records current, complete, and available for public inspection.
  4. A City officer or employee whose duty is to give notice of hearings in special assessment proceedings may rely upon the last City tax assessment records in giving notice of the hearing by mail. The method of giving notice by mail as provided in this section is declared to be the method that is most reasonably certain to inform those to be assessed of the special assessment proceedings.
  5. Failure to give notice as required in this section shall not invalidate an entire assessment roll buy only the assessment on property affected by the lack of notice. A special assessment shall not be declared invalid as to any property if the record owner or the party in interest of that property actually received notice, waived notice, or paid any part of the special assessment. If an assessment is declared void by court decree or judgement, a reassessment against the property may be made.

Section 8.   Approval, Preparation of Special Assessment Roll.

If, after the hearing provided for in Section 6, the City Council desires to proceed with the public improvement, the City Council shall approve or determine by resolution all of the following:

  1. The completion of the public improvement.
  2. The plans and estimate of cost as originally presented or as revised, corrected, amended, or changed.
  3. The sufficiency of the petition for the public improvement if a petition is required. After this determination, the sufficiency of the petition shall not be subject to attack except in an action brought in a court of competent jurisdiction within thirty (30) days after the adoption of the resolution determining such sufficiency.
  4. The special assessment district including the term of the special assessment district’s existence. If the nature of the public improvement to be made is such that a periodic redetermination of cost will be necessary without a change in the special assessment district boundaries, the City Council shall so state in the resolution and shall set the dates upon which such redeterminations shall be made. After finally determining the special assessment district, the City Council shall direct the City Assessor to make a special assessment roll in which are entered and described all the parcels of land to be assessed, with the names of the respective record owners of each parcel, if known, and the total amount to be assessed against each parcel of land, which amount shall be the relative portion of the whole sum to be levied against all parcels of land in the special assessment district as the benefit to the parcel of land bears to the total benefit to all parcels of land in the special assessment district. When the City Assessor completes the assessment roll, the City Assessor shall affix his or her certificate to the roll which certificate states that the roll was made pursuant to a resolution of the City Council adopted on a specific date, and that in making the assessment roll the City Assessor, according to his or her best judgement, has conformed in all respects to the directions contained in the resolution and applicable state law.

Section 9.   Public Hearing, Confirmation of Special Assessment Roll.

  1. When a special assessment roll is reported by the City Assessor to the City Council, the special assessment roll shall be filed in the office of the City Clerk. Before confirming the special assessment roll, the City Council shall appoint a time and place for a public hearing when it will meet, review, and hear any objections to the special assessment roll. The City Council shall give notice of the hearing and the filing of the assessment roll as provided in Section 7.
  2. A hearing under this section may be adjourned from time to time without further notice. A person objecting to the assessment roll shall file the objection in writing with the City Clerk before the close of the public hearing or within such further time as the City Council may grant. After the hearing the City Council, at the same or at a subsequent meeting, may confirm the special assessment roll as reported to the City Council by the City Assessor or as amended or corrected by the City Council, may refer the assessment roll back to the City Assessor for revision, or may annul it and direct a new roll to be made.
  3. If a special assessment roll is confirmed, the City Clerk shall endorse on the assessment roll the date of confirmation. After the confirmation of the special assessment roll, all assessments on that special assessment roll shall be final and conclusive, unless an action to contest or enjoin an assessment is instituted in compliance with subsection (4).
  4. No action of any kind shall be instituted for the purpose of contesting or enjoining the collection of any special assessment unless, within forty-five (45) days after the confirmation of the special assessment roll, written notice is given to the City Council indicating an intention to file such an action and stating the grounds on which it is claimed that the assessment is illegal and unless that action is commenced within ninety (90) days after the confirmation of the roll.
  5. Subject to Section 17, if a portion of an assessment roll is determined to be illegal, in whole or in part, the City Council may revoke its confirmation correct the illegality, if possible, and reconfirm it. Property which is not involved in the illegality shall not be assessed more than was imposed upon the original confirmation without further notice and hearing thereon.

Section 10.     Payment of Special Assessments.

  1. The City Council may provide that special assessments are payable in one (1) or more installments, but the amount of an installment shall not be less than one-half (1/2) of any subsequent installment. The amount of each installment, if more than one (1), need not be extended upon the special assessment roll until after confirmation of that assessment roll. Subject to the provisions of Section 6(4), the amount of installments for improvements subject to periodic cost revision may be extended upon the special assessment roll by the City Council without additional public hearings or public notice, provided that additional property is not added to the special assessment district.
  2. The first installment of a special assessment shall be due on or before the time after confirmation as the City Council shall fix. Subsequent installments shall be due at intervals of twelve (12) months from the due date of the first installment or from a date the City Council shall fix.
  3. All unpaid installments, prior to their transfer to the City Tax Roll as provided by Section 14, shall bear interest, payable annually on each installment due date, at a rate to be set by the City Council not exceeding one percent (1%) above the average rate of interest borne by special assessment bonds issued by the City in anticipation of all or part of the unpaid installments; or not exceeding one percent (1%) above the average rate of interest borne by bonds issued by the county, a drainage district, or an authority if the unpaid installments are to be applied to the payment of a contract obligation of the City to the county or authority or to the payment of an assessment obligation of the City to the drainage district; or, if bonds are not issued by the City, a county, a drainage district, or an authority, not exceeding eight percent (8%) per annum, commencing in each case from a date fixed by the City Council. Future due installments of an assessment against any parcel of land may be paid to the City Treasurer at any time in full, with interest accrued through the month in which the final installment is paid.
  4. If an installment of special assessment is not paid when due, then the installment shall be considered to be delinquent and there shall be collected, in addition to interest as provided by this section, a penalty at the rate of not more than one percent (1%) for each month, or fraction of a moth, that the installment remains unpaid before being reported to the City Council for reassessment upon the City Tax Roll.

Section 11.   Lien.

  1. All special assessments contained in any special assessment roll, including any part thereof deferred as to payment, and all interest thereon, shall from the date of confirmation of such roll constitute a lien upon the respective parcels of land assessed. Such lien shall be of the same character and effect as the lien created for City taxes and shall include accrued interest and penalties. No judgement or decree or any act of the City Council vacating a special assessment shall destroy or impair the lien of the City upon the premises assessed for such amount of the assessment as may be equitably charged against the same, or as by a regular mode of proceeding might be lawfully assessed thereon.
  2. The full amount of the special assessment and all interest thereon shall also be a debt of the person to whom assessed until paid and, in the case of delinquency, may be collected as delinquent city property taxes pursuant to Section 14 or by a suit against said person.

Section 12.   Collection of Special Assessments.

When any special assessment roll shall be confirmed, the City Council shall direct the assessments made therein to be collected. The City Clerk shall thereupon deliver to the City Treasurer the special assessment roll to which he or she shall attach a warrant commanding the City Treasurer on the first (1st) day of September following the date when any such assessments or any part thereof have become due to submit to the City Council a sworn statement setting forth the names of the persons delinquent, if known, a description of the parcels of land upon which there are delinquent assessments and the amount of such delinquency, including accrued interest and penalties commuted to said September first (1st). Upon receiving such special assessment roll and warrant the City Treasurer shall proceed to collect the several amounts assessed therein as the same shall become due.

Section 13.   Hardship Deferral of Special Assessment.

The City Council may enact an ordinance to define hardship and to permit deferred or partial payment of a special assessment pursuant to this section. As a condition of granting the deferred or partial payment of a special assessment will constitute a recorded lien against the property.

Section 14.   Reassessment of Delinquent Special Assessments.

In case the City Treasurer shall report as delinquent any assessment or part thereof the City Council shall certify the same to be reassessed on the annual City Tax Roll for such year in a column headed “special assessments”, with interest and penalties to September first (1st) of such year, and an additional penalty of six percent (6%) of the total amount. Thereafter the provisions of Act 215 of the Public Acts of Michigan of 1895, as amended, as the same apply to the collection of said special assessments.

Section 15.   Division of Parcels.

Should any parcel of land be divided after a special assessment thereon has been confirmed, and before the collection thereof, the City Council may require the City Assessor to apportion the uncollected amounts between the several divisions thereof and the report of such apportionment when confirmed by the City Council shall be conclusive upon all parties: Provided, that if the interested parties do not agree in writing to such apportionment then before such apportionment, notice of public hearing shall be given to all the interested parties in the manner provided by Section 7. Following the public hearing, the City Council may apportion the special assessment between the divisions of the parcel.

Section 16.   Additional Assessments, Refunds.

Should the assessments in any special assessment roll prove insufficient for any reason, including the non-collection thereof, to pay for the costs of the public improvement for which they were made or to pay the principal and interest on the bonds issued in anticipation of the collection thereof then the City Council shall make additional pro rata assessments to supply the deficiency. Should the total amount collected on assessments prove larger than necessary by more than five percent (5%) of the original roll, then the surplus shall be prorated among the properties assessed in accordance with the amount assessed against each and applied toward the payment of the next City ad valorem tax levied against such properties, respectively; or in the alternative, it shall be refunded to the persons who are the respective record owners of the properties on the date of the passage of the resolution ordering such refund. Any such surplus of five percent (5%) or less may be paid into the City General Fund.

Section 17.   Procedure In Case of Illegal Assessments.

Subject to Section 9(5), whenever any special assessment shall, in the opinion of the City Council, be invalid by reason of irregularities or informalities I the proceedings, or if any court of competent jurisdiction shall adjudge such assessment to be of competent jurisdiction shall adjudge such assessment to be illegal, the City Council shall, whether the public improvement has been made or not, and whether any part of the assessment has been paid or not, have power to proceed from the last step at which the proceedings were legal and cause a new special assessment to be made for the same purpose for which the former special assessment was made. All proceedings on such reassessment and for the collection thereof shall be conducted in the same manner as provided for the original special assessment, and whenever any assessment or any part thereof levied upon any premises has been so set aside, if the same has been paid and not refunded, the payment so made shall be applied upon the reassessment.

Section 18.   Agreement to Pay Assessment.

The governing body of any public or private corporation whose lands are exempt by law may, by resolution, agree to pay the special assessments against such lands, and in such case the assessment, including all the installments thereof shall be valid claim against such corporation.

Section 19.   Bonds.

The City Council may borrow money and issue the bonds of the City therefor in anticipation of the collection of special assessments to defray all or any part of the cost of any public improvement made after the special assessment roll therefor shall have been confirmed. Such bonds shall be issued in accordance with the requirements of Act 215 of the Public Acts of Michigan of 1895, as amended and Act 202 of the Public Acts of Michigan of 1943, as amended, and other applicable laws.

Section 20.   Paragraph Headings.

The paragraph headings I this Ordinance are furnished for convenience of reference only and shall not be considered to be a part of this Ordinance.

Section 21.   Publication and Recordation.

This Ordinance shall be published once in full in a newspaper printed and circulated in the City of Stanton qualified under State law to publish legal notices, within seven (7) days after its adoption and the same shall be recorded in the Ordinance Book of the City and such recording authenticated by the signatures of the Mayor and City Clerk.

Section 22.   Severability.

If any section, paragraph, sentence, clause or phrase of this Ordinance shall be held invalid, the same shall not affect any other part of this Ordinance.

Section 23.   Conflict.

All ordinances and resolutions or parts thereof, insofar as the same may be in conflict herewith, are hereby repealed.

Section 24.   Effective Date.

This Ordinance shall be in force and effective twenty (20) days following its passage, and due publication as required by law.

Passed and adopted by the City of Stanton, Michigan on July 7, 1988.

ORDINANCE NO. 225 – AMENDMENT TO ORDINANCE 169 (SPECIAL ASSESSMENT)

CITY OF STANTON
COUNTY OF MONTCALM
STATE OF MICHIGAN
Adopted: May 26, 2015; Effective: June 30, 2015

AN ORDINANCE TO AMEND ORDINACE NO. 169, ENTITLED “AN ORDINANCE TO ESTABLISH PROCEDURES FOR THE LEVY OF SPECIAL ASSESSMENTS FOR LOCAL PUBLIC IMPROVEMENTS”

THE CITY OF STANTON ORDAINS:

Section 1. AMENDMENT OF SECTION 4. That Section 4, entitled “Public Improvements”, of Ordinance No. 169 is amended to read in its entirety as follows:

Public Improvements

The term public improvements as used in this ordinance shall be construed to mean any public work or public or special improvement which the City is empowered to undertake under the City Charter or the laws of the State of Michigan, any part of the cost which may be assessed against property benefited, including without limitation the following:

  1. The construction, improvement, and maintenance of storm or sanitary sewers (of the separation thereof) of combined storm and sanitary sewer system;
  2. The construction, improvement, and maintenance of water systems;
  3. The construction, improvement, and maintenance of public streets and roads;
  4. The acquisition, improvement, and maintenance public parks;
  5. Elevated structures for foot travel over streets and roads in the City;
  6. The collection, disposal, abatement and remediation of garbage, rubbish or any other condition declared by law to be a public nuisance;
  7. The construction, improvement, and maintenance of bicycle paths;
  8. The construction, improvement, and maintenance of erosion control structures or dikes;
  9. The planting, maintenance, removal of trees;
  10. The installation, improvement, and maintenance of lighting systems;
  11. The installation, improvement, and maintenance of sidewalks;
  12. The eradication or control of aquatic weeds and plants;
  13. The construction, improvement, and maintenance of private roads; and
  14. The construction, improvement, and maintenance public parking systems.

Section 2: ADDITION OF SECTION 18.5. That a new Section 18.5 shall be added to Ordinance No. 169 to read in its entirety as follows:

Section 18.5 Single lot special assessments.

  1. Report to Commission. Notwithstanding any other provision of this Ordinance to the contrary, when the City incurs or anticipates incurring an expense in relation to a single lot or parcel, which expense is or may be chargeable against the lot or parcel pursuant to law, the amount of labor and material, and any other anticipated to be incurred, and the name of the owner, if known, shall be reported to the City Commission.
  2. Determination of City Commission. After reviewing the report, the City Commission may determine by resolution what amount or part of such expense will be charged and the premises upon which the charge will be levied as a special assessment. The City Commission will determine the number of installments in which the assessment may be paid, determine the rate of interest to be charged, designate the premises upon which the special assessment may be levied, direct the preparation of a special assessment roll and fix the time and place when it will review the assessment roll, which meeting shall not be less than ten days after notice of the time and place has been mailed to the owner of or party in interest in the property to be assessed, whose name appears on the last City tax assessment records. As the City Commission deems expedient, it may require that notice of the assessments be given to each owner of or party in interest in the property to be assessed whose name appears upon the last local tax assessment records, by mailing by first-class mail addressed to such owner or party at the address shown on the tax records which notice shall be also advise the owner(s) or party(ies) on interest of any hearing.
  3. Certificate of roll. When the assessment roll has been completed, it shall be filed with the City Clerk who will present it to the City Commission.
  4. Objections to roll. Any person deeming himself aggrieved by the special assessment roll may file his objections and protest in writing with the City Clerk at or prior to the time of hearing, which objections shall specify how he is aggrieved. If the objections are timely and properly filed, the objecting person’s appearance in person is not required at the hearing.
  5. Review of roll. The City Commission shall review the special assessment roll at the time and place appointed and consider any objections. The City Commission may correct the roll as to any assessment or description of any lot or parcel of land and other errors. Any changes made in the roll shall be noted in the minutes.
  6. Confirmation of roll. After the hearing, the City Commission may confirm such special assessment roll, with any corrections that were made, and the City Clerk shall endorse the date of confirmation and, upon confirmation, the roll shall be final and conclusive. Thereafter all charges and amounts confirmed shall be a lien on the property and collected in the manner authorized by law.

Section 3. SEVERABILITY. The sections and portions of this Ordinance shall be deemed to be severable. Should any section, clause or provision of this Ordinance ever be declared to be invalid, in whole or in part, the same shall not affect the validity of this Ordinance as a whole or any part thereof, other than the section, clause, sentence, or provision declared to be invalid.

Section 4. EFFECTIVE DATE. This Ordinance shall take effect upon the expiration of thirty (30) days after this Ordinance or a summary thereof is published in the newspaper as provided by law.

ORDINANCE NO. 228 – DOWNTOWN DEVELOPMENT AUTHORITY, as amended

CITY OF STANTON DOWNTOWN DEVELOPMENT AUTHORITY

An Ordinance to establish a Downtown Development Authority in the City of Stanton pursuant to Act 197 of the Public Acts of Michigan of 1975, as amended; to define the boundaries of the Downtown District constituting the Downtown Development Authority; and to provide for other matters necessary and related thereto.

The City of Stanton Hereby Ordains:

Section 1. TITLE. This ordinance shall be known and may be cited as the “Downtown Development Authority Ordinance.”

Section 2. DEFINITIONS. The terms used herein shall have the same meaning as given them in Act 197 or as hereinafter in this section provided, unless the context clearly indicates to the contrary. As used in this ordinance:

  1. “Authority” means the Downtown Development Authority of the City of Stanton as created by this ordinance.
  2. “Act 197” means Act No. 197 of the Public Acts of Michigan of 1975 as now in effect or hereafter amended.
  3. “Board or “Board of Directors” means the Board of Directors of the Authority
  4. “City” means the City of Stanton
  5. “Commission” or City Commission” means the City Commission of the City of Stanton
  6. “Downtown District” means the downtown district designated herein or hereinafter amended.
  7. “Mayor” means the Mayor of the City of Stanton

Section 3. PURPOSE AND FINDINGS.

The City Commission of the City of Stanton hereby determines and finds that it is in the best interest of the City to create and a public body corporate in order to halt property value deterioration and increase property tax valuation where possible in the Downtown District, eliminate the cause of the deterioration and to promote economic growth pursuant to Act 197.

Section 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 the powers under title of “Downtown Development Authority of the City of Stanton.” 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.

Section 5. DESCRIPTION OF DOWNTOWN DISTRICT.

The Downtown District in which the Authority shall exercise its power as provided by Act 197 shall consist of the property in the City described on Exhibit A attached hereto and made part hereof, subject to such changes as may hereinafter be made pursuant to this Ordinance and Act 197.

Section 6. BOARD OF DIRECTORS.

The Authority shall be under the supervision and control of the Board consisting of the Mayor or City Manager, as appointed from time to time by resolution of the City Council, and 8 members. The members shall be appointed by either the Mayor or City Manager and subject to approval by the Commission. Eligibility for membership of the Board and terms of Office shall be as provided by Public Act 197, as amended and recodified. Each member shall hold office until the member’s successor is appointed. The City Manager of the City of Stanton shall serve as primary advisor to the Downtown Development Authority, set the agenda, and meeting schedule.

Section 7. POWERS OF THE AUTHORITY.

The Authority shall possess all of the powers necessary to carry out the purposes of its incorporation and shall have all the powers provided by Act 197.

Section 8. FISCAL YEAR; ADOPTION OF BUDGET; REPORTS; AUDITS.

  1. The fiscal year of the Authority shall begin on July 1st each year and end on June 30th of the following year, or such other fiscal year as may hereafter be adopted by the City.
  2. The Board shall annually designate the City of Stanton to create its budget as a component unit to the City budget. The City Manager will present the proposed Downtown Development Authority budget to the Board of Directors for approval prior to the adoption of the City budget.
  3. 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 Commission. The Board of Directors may elect to have the audit completed in conjunction with the City audit and pay a proportional share of the contract costs.

Section 9. TERMINATION.

Upon completion of its purpose the Authority may be dissolved by an ordinance duly adopted by the City Commission. The property and assets of the Authority, after satisfaction and dissolution of its obligations, shall revert to the City.

Section 10. SECTION HEADINGS; SEVERABILITY; REPEALER.

Section headings are provided for convenience only and are not intended to be a part of this ordinance. 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.

Section 11. PUBLICATION, RECORDING, AND FILING.

After its adoption, this ordinance shall be published once in full in a newspaper of general circulation in the City, and the City Clerk shall file a certified copy of the ordinance with the Michigan Secretary of State promptly after its adoption.

Section 12. EFFECTIVE DATE.

This ordinance shall become effective immediately after publication in a newspaper of general circulation within the City of Stanton.

LEGAL DESCRIPTION – CITY OF STANTON DDA DISTRICT

Part of the East ½ of Section 1. T10N R7W and part of the West ½ Section 6, T10N-R6W, City of Stanton, Montcalm County, Michigan. Described as beginning at the Southeast corner of NE ¼ of SE ¼ of said Section1; thence West, along the South E-W 1/8 line of said Section 1, to the easterly line of the Pere Marquette Railroad right of way; thence North, along said easterly railroad right of way line to a point on the East-West ¼ line of said Section1; thence East, along said ¼ line to a point 41 rods West of the East ¼ corner of said Section 1; thence North, parallel with the East of line of said Section1, to the south right of way line of Jenson Street; thence East, along said south right of way line, to said East line of Section 1; thence North, along the West line of said Section 6, to appoint which is North, along said West line of Sections 6, 803.21 feet from the West ¼ corner of said Section6; thence East, parallel with the East-West ¼ line of said Section 6. 400 feet; thence South, parallel with the West line of said Section 6, 391.37 feet; thence East, parallel with said East-West ¼ line Section 6, to the West, North-south 1/8 line of said Section 6; thence South, along said 1/8 line, to the East-West ¼ line of said Section 6; thence East, along said East-West ¼ line, to the North-South ¼ line of said Section 6; thence South, along said North-South ¼ line, to the South, East-West 1/8 line of said Section 6; thence West, along said 1/8 line, to the West line of said Section 6; thence South, along the East line of said Section 1 to the point of beginning.

And also:

Part of the West ½ of Section 6, T10N-R6W, City of Stanton, Montcalm County, Michigan. Described as beginning at the Northwest corner of said Section 6; thence South, along the west line of said Section 6, 89 2/3 rods; thence East, 30 rods, thence North, 26 2/3 rods; thence West, 17 rods; thence North to the South right of way line of East Lake Street; thence West, along said South right of way line 64.50 feet; thence North, 149.5 feet; thence East, 395.50 feet; thence North, 428 feet; thence West, 100 feet; thence North 165 feet; thence West, 264 feet; thence North, 165 feet; thence West, 181.5 feet to the Point of Beginning.

And also:

Part of the northwest ¼ of Section 31, T11N-R6W beginning a the West ¼ corner of said Section 31; thence East, along the E-W ¼ line of said Section 31, 741 feet; thence North, parallel with the West line of said Section 31, 294 feet; thence West, to the Southeast corner of Lot 1 of the plat of Brake’s North Side Addition to the City of Stanton; thence North, along the East line of said Brake’s North Side Addition, to the Northwest corner of Lot 12 of said plat; thence East, 10 feet; thence North, 125 feet; thence West to said West line of Section 31; thence South, along said West line, to the point of beginning.

And also the following platted land:

Blocks 1, 2, 3 and 4; Lots 1, 3, 5, 6, 7 and 8, Block 5; Lot 1, Block 12 and Lots 2, 3, 4 and 5, Block 13 of J.P. Beers’ Addition to the Village (now City) of Stanton;

Courthouse Square; Blocks 1, 2, 3, 12, 13, 14, 15; Lots 1, 2, 3 and 4; Block 19: Lots 1 and 2, Block 20: Lot 1, Block 27 of Original Plat of the Village (not City) of Stanton;

Lots 3, 4, 5, 6, 7 and 8, Block 1 of William F. Turner’s Addition to the Village (now City) of Stanton;

Lots 1, 2, 69 and 70; Lots 71, 72, 73, 74, 75, 136, 137, 138, 139 and 140, Block 10: Lots 141, 142, 143, 172, 173 and 175, Block 11; Lots 175, 176, 207 and 208, Block 16 G.W. Child’s Addition to the Village (now City) of Stanton;

Lots 1-7, 12-18, 23-29, 34, 35, 45, 46 and 56 Smith and McPherson’s Addition to the Village (now City) of Stanton;

Lots 6 and 7, Block 1; The West 66 feet of Bellevue Street between Blocks 1 and 2; The West ½ of Lots 6 and 7, Block 2; Block 12, of the plat of Moore & Smith’s Addition to the Village (now City) of Stanton;

The part of the Mill lot, of the plat of Moore & Smith’s Addition to the Village (now City) of Stanton, described as beginning at the SW corner of said Mill lot; thence North, along the west line of said Mill Lot to a point on the easterly extension of the centerline of Day Street; thence East, along said easterly extension, 8 rods 11 feet; thence North to a point 388 feet north line of Main Street; thence East to the west line of the railroad right of way; thence Southwesterly, along said west railroad right of way line, to said north line of Main Street; thence West, along the north line of Main Street to the point of beginning;

The part of Mill Lot and Out Lot 1, of the plat of Moore & Smith’s Addition to the Village (now City) of Stanton lying east of the Pere Marquette Railroad right of way line of McPherson Street and all that part of said Out Lot 1, lying East of the East right of way line of McPherson Street, South of the South right of way line of Day Street and west of the west line of Smith & McPherson’s Second Addition to the Village (now City) of Stanton;

Lot 98 to 102 inclusive of the plat of Smith and McPhersons Second Addition to the Village (now City) of Stanton;

Lots 124, 125, 126, 127 and 128, Block 16 of Hariman’s Addition to the Village (now City) of Stanton;

Ordinance No. 228 Effective: May 30, 2015

Ordinance No. 250 – Amendment to Section 6 Adopted: February 8, 2022

Amendment Effective: February 21, 2022

 

ORDINANCE NO. 180 – TAX INCREMENT FINANCING PLAN ORDINANCE, as amended

CITY OF STANTON, MICHIGAN
effective May 17, 1990

AN ORDINANCE TO APPROVE AND ADOPT A DOWNTOWN DEVELOPMENT AND TAX INCREMENT FINANCING PLAN OF THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF STANTON.

THE CITY OF STANTON ORDAINS:

Section 1. Title.

This ordinance shall be known and cited as the City of Stanton Downtown Development and Tax Increment Financing Plan Ordinance.

Section 2. Findings.

It is hereby determined that:

  1. A public hearing was held on the proposed Downtown Development and Tax Increment Financing Plan on May 17, 1990, following the notice therefore al in accordance with the Act 197 of the Public Acts of Michigan of 1975, as amended.
  2. The proposed Downtown Development and Tax Increment Financing Plan meets the requirements of Act 197 of the Public Acts of Michigan of 1975, as amended, including without limitation Section 17 (2) of said Act.
  3. The proposed method of financing the development is feasible and the Downtown Development Authority has the ability to arrange the financing.
  4. The development is in reasonable and necessary to carry out the purposes of the Act 197 of the Public Acts of Michigan of 1975, as amended.
  5. The development is in reasonable accord with the City of Stanton Master Plan.
  6. Public services are adequate to service the project area.
ORDINANCE NO. 191 – MODIFICATION OF THE DEVELOPMENT PLAN & TAX INCREMENT FINANCING PLAN OF THE DDA

CITY OF STANTON, MICHIGAN
EFFECTIVE JULY 18, 1993

AN ORDINANCE TO APPROVE MODIFICATION TO THE DEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN OF THE CITY OF STANTON DOWNTOWN DEVELOPMENT AUTHORITY.

At a regular meeting of the City Commission of the City of Stanton, Montcalm County, Michigan, held in the City Hall in the City on the 8th day of July, 1993 at 7:00 P.M.

The following ordinance was offered by Commissioner Lehman and seconded by Commissioner Geselman:

WHEREAS, on December 23, 1989, the City Council of the City of Stanton (the “City”) adopted Ordinance No. 177, which created the Downtown Development Authority of the City of Stanton (the “DDA”) and established a Downtown District within which the DDA may exercise its powers pursuant to Act No. 197 of the Public Acts of Michigan of 1975, as amended (“ACT 197”) and

WHEREAS, on April 23, 1992, the City adopted Ordinance No. 187, amending the boundaries of the Downtown District; and

WHEREAS, on May 17, 1990, the City adopted Ordinance No. 180 approving a combined Downtown District, which Plan was subsequently amended on April 23, 1992, by Ordinance No. 188 and June 17, 1992 by Ordinance No. 190; and

WHEREAS, it is now in the public interest to modify the Downtown Development Plan and Tax Increment Financing Plan to provide for and finance improvements within the Downtown District consisting generally of street banners, improvements to signage, sidewalks, curbs, parking, installation of handicapped ramps, street landscaping, public park improvements, new lighting and similar improvements ( the “Project”); and

WHEREAS, the Board of the DDA has recommended that the City Commission (as successor to the City Council pursuant to the Stanton City Charter effective November 26, 1991) approve amendments to the Downtown Development Plan and Tax Increment Financing Plan ( the “Plan Amendments”) for the Project, in the form on file with the City Clerk; and

WHEREAS, public notice of a hearing on the Plan Amendments has been given by publication, posting and mailing as required by Act 197; and

WHEREAS, the City Commission has given the taxing jurisdictions in which the Downtown District is located an opportunity to meet with the City Commission regarding the Plan Amendments and has informed the taxing jurisdictions of the fiscal and economic implications of the proposed Plan Amendments; and

WHEREAS, on June 24,1993, the City Commission held a public hearing on the Plan Amendments, pursuant to the Act; and

WHEREAS, after consideration of the Plan Amendments, and reviewing and considering the comments and recommendations of interested parties, the City Commission has determined to approve the Plan as modified by the Plan Amendments.

NOW THEREFORE THE CITY OF STANTON ORDAINS;

  1. Findings:
    1. The Plan as modified by the Plan Amendments meets the requirements of Sections 14 (2) and 17 (2) of Act 197.
    2. The proposed method of financing the development described in the Plan as modified by the Plan Amendments is feasible and the DDA has the ability to arrange the financing.
    3. The development described in the Plan as modified by the Plan Amendments is reasonable and necessary to carry out the purposes of Act 197.
    4. The land included within the Downtown District to be acquired is reasonably necessary to carry out the purposes of the Plan as modified by the Plan Amendments and Act 197 in an efficient and economically satisfactory manner.
    5. The Plan as modified by the Plan Amendments is in reasonable accord with the Master Plan of the City.
    6. Public services, such as fire and police protection and utilities, are or will be adequate to service the Downtown District.
    7. Changes in zoning, streets, street levels, intersections and utilities, to the extent proposed or required by the Plan as modified by the Plan Amendments are reasonably necessary for the Project and the City.
  2. Public Purpose:  The City Commission hereby determines that the Plan as modified by the Plan Amendments constitutes a public purpose.
  3. Best Interest of the Public.  The City Commission hereby determines that it is in the best interest of the public to proceed with the Plan as modified by the Plan Amendments in order to halt property value deterioration in property values and to promote economic growth in the Downtown District.
  4. Approval of Plan Amendments.  The City Commission hereby approves the Plan Amendments and the Plan Amendments and all subsequent amendments thereto shall be maintained on file in the office of the City Clerk.
  5. Publication.  This Ordinance shall be published in full in a newspaper of general circulation within the City within ten (10) days after its date of adoption and shall be recorded in the Ordinance Book of the City.
  6. Effective Date.  This Ordinance shall become effective following its publication on _________,1993.

ORDINANCE DECLARED ADOPTED.