Downtown Development Authority
City of Albion
309 North Superior, Albion, MI
49224
Telephone: (517) 629-5510
Fax: (517) 629-3929
Nidia Hernandez Wolf, Executive Director
Adopted August 30, 1988
Article I. Name and Registered Office
Section 1. Name
The name of this authority is The
Downtown Development Authority of the City of Albion
(the "Authority").
Section 2. Registered Office
The registered office and principal place of business of
the Authority shall be the City Hall of the City of
Albion, or such other location as may from time to time
be designated by the Board of Directors of the Authority.
Article II. Purpose and Powers
Section 1. Purposes
The purpose or purposes for which the Authority
is organized are as follows: To act as a Downtown
Development Authority in accordance with Act 197 of the
Public Acts of 1975, as amended, including but not
limited to: to correct and prevent deterioration in the
Downtown Development District, to encourage historic
preservation, to create and implement development plans,
and to promote economic growth.
Section 2. Powers
The Authority shall exercise such powers and duties as
are provided by and in accordance with the provisions of
Act 197 of the Public Acts of 1975, as amended, and
Ordinance 88-2 of the City of Albion.
Article III. Board
Section 1. General Powers
The Authority shall be under the supervision and control
of a board of directors.
Section 2. Number, Tenure, and
Qualifications
The board of the Authority shall consist of eleven
persons: The Mayor of the City of Albion and ten other
members. The members shall be appointed for a term of for
years except that of members first appointed, three shall
be appointed for one year, three for two years, two for
three years, and two for four years. Not less than the
majority of the members shall be persons having an
interest in property located in the downtown district.
At least one of the members shall be a resident of the
downtown district. The term of office shall begin on the
first day of January.
History: Am. 1999, Resolution #99-2
August Am 1999, Resolution #99-3 September
Section 3. Selection of Board
Members
The Mayor of the City of Albion, with the advice and
consent of the Albion City Council shall appoint the
members of the board. Before assuming the duties of
office, a member shall qualify by taking and subscribing
to the constitutional oath of office.
Section 4. Compensation of
Members
Members of the board shall serve without compensation,
but shall be reimbursed for actual and necessary expenses.
Section 5. Replacement and
Vacancies
Subsequent directors shall be appointed in the same
manner as original appointments at the expiration of each
director's term of office. A director whose term of
office has expired shall continue to hold office until
his successor has been appointed by the Mayor of the City
of Albion with the advice and consent of the Albion City
Council. A director may be re-appointed in the above
manner to serve additional terms. If a vacancy is created
by death or resignation, a successor shall be appointed
in the same manner as set forth above within thirty (30)
days of such vacancy to hold office for the remainder of
the term of office so vacated.
Section 6. Removal
All eleven members of the Board of Directors shall attend each regularly scheduled board meeting. If any member is inexcusably absent from three (3) regularly scheduled board meetings, in a calendar year or two (2) consecutive meetings, unless such absences, with reasons therefore stated at the time and appearing in the journal of the meeting from which the member was absent, be excused, that member's seat shall be vacant and the mayor shall appoint a new board member to fill the vacancy.
*adopted on February 13, 2001 in a regular session of the Downtown Development Authority
Section 7. Conflict of Interest
A director who has a direct interest in any matter before
the Authority shall disclose his interest prior to the
Authority taking any action with respect to the matter,
which disclosure shall become part of the record of the
Authority's official proceedings, and the interested
director shall further refrain from participation in the
Authority's proceedings relating to the matter.
Article IV. Meetings
Section 1. Meetings
Meetings of the board of directors may be called by or at
the request of the Chairman of the Board or any two
directors. The meetings of the Board of Directors shall
be public, and the appropriate notice of such meetings
shall be provided to the public.
Section 2. Notice
Notice of any meetings shall be given in accordance with
the Open Meetings Act (Act No. 266 of the Public Acts of
1976).
Section 3. Quorum
A majority of the members of the board of directors then
in office constitutes a quorum for the transaction of
business at any meeting of the board of directors,
provided that: (1) If less than a majority of the
directors are present at a meeting, a majority of the
directors present may adj o urn the meeting from time to
time without further notice; (2) In the event that
effective membership is reduced due to conflict of
interest, a majority of the remaining members eligible to
vote shall constitute the action of the board. The vote
of the majority of members present at a meeting at which
a quorum is present constitutes the action of the board
of directors, unless the vote of a larger number is
required by statutes, ordinance, or these by-laws.
Amendment of the by-laws by the board of directors
requires the vote of not less than a majority of the
members of the board then in office.
Section 4. Participation by
Communication Equipment
A member of the board of directors or of a committee
designated by the board may participate in a meeting by
mea ns of conference telephone or similar communications
equipment by means of which all persons participating in
the meeting can hear each other. Participation in a
meeting pursuant to this provision constitutes presence
in person at the meeting.
Section 5. Agenda
The Chairman may direct the Executive Director
to prepare agendas for all meetings and send them to the
Authority members at least twenty-four hours prior to the
meeting. Any member of the Authority may request any item
to be placed on the agenda.
Section 6. Rules of Order
The board shall adopt rules to govern the conduct of all
meetings.
Article V. Committees and Advisory Boards
Section 1. Committees
The Board of directors may by resolution passed by a
majority of the whole board, designate one or more
committees, each committee to consist of one or more of
the directors of the Authority. The board may designate
one or more directors as alternate members of a committee,
who may replace an absent or disqualified member at a
meeting of the comm i ttee. In the absence or
disqualification of a member of a committee, the members
thereof present at a meeting and not disqualified from
voting, whether or not they constitute a quorum, may
unanimously appoint another member of the board to act at
the meeting in place of such an absent or disqualified
member. A committee, and each member thereof, shall serve
at the pleasure of the board. A committee so designated
by the board, to the extent provided in the resolution by
the board, may exercise all powers an d authority of the
board in the management of the business and affairs of
the Authority, except that such committee shall not have
the power or authority to: (a) recommend to members a
dissolution of the Authority or a revocation of
dissolution, (b) amend the by-laws of the Authority, or,
(c) fill vacancies in the board.
Section 2. Development Area
Citizens Councils
If any development area has 100 or more residents
residing within, the board shall recommend to the Mayor
that a development area citizens council be established
in accordance with PA 197 of 1975, as amended. This
citizens council shall be comprised of not less than nine
members, all of whom shall be residents of the
development area. The development area citizens council
shall act as an advisory body to the authority and the
governing body in the adoption of the development or tax
increment financing plans. The development area citizens
council shall exercise such powers and duties as are
provided by and in accordance with the provisions of A ct
197 of the Public Acts of 1975, as amended, and Ordinance
88-2 of the City of Albion.
Article VI. Officers.
Section 1. Officers
The officers of the Authority shall be elected by the
board of directors and shall consist of a Chairman, a
Vice-Chairman , Secretary and Treasurer. The board may
also appoint a deputy secretary and treasurer who need
not be members of the board. Two or more offices may be
held by the same person, but an officer shall not execute,
acknowledge or verify an instrument in more than one
capacity if the instrument is required by law or the
articles or by-laws to be executed, acknowledged or
verified by two or more officers.
Section 2. Election and Term of
Office
The officers of the Authority shall be elected annually
by the board of directors. If the election of officers
shall not be held or made at such meeting, such election
shall be held or made as soon thereafter as is convenient.
Each officer so elected or appointed and until his
successor is elected or appointed and qualified, or until
his resignation or removal.
Section 3. Vacancies
A vacancy in any office because of death,
resignation, removal, disqualification or otherwise, may
be filled at any meeting of the board of directors for
the unexpired portion of the term of such office.
Section 4. Chairman
The Chairman shall preside at all meetings of the
directors and shall perform all duties incidental to
office. He shall be, ex officio, a member of all standing
committees, and shall have the general powers and duties
of supervision and management of the Authority.
Section 5. Vice-Chairman
The vice-chairman shall perform such duties as are
delegated by him by the chairman, and shall, in the
absence or in the event of the disability of the chairman,
perform such other duties as the board of directors shall
prescribe.
Section 6. Secretary
The Secretary shall attend all meetings of the board and
record all votes and the minutes of all proceedings in a
book to be kept for that purpose; shall perform like
duties for the standing committees when required; and
shall further perform all duties incidental to the office
of Secretary
Section 7. Treasurer
The Treasurer shall perform all duties incidental to the
office of Treasurer. He shall disburse the funds of the
Authority as may be ordered by the board, taking proper
vouchers for such disbursements, and shall render to the
board, at the regular meetings of the board, or whenever
they may require an account of all his transactions as
Treasurer and of the financial condition of t h e
Authority. He shall give the Authority a bond if required
by the board of directors in a sum and with one or more
sureties satisfactory to the board for the faithful
performance of the duties of his office, and for the
restoration to the Authority, in c ase of his death,
resignation, retirement or removal from office of all
books, papers, vouchers, money and other property of
whatever kind in his possession or under his control
belonging to the Authority.
Section 8. Delegation of Duties
of Officers
In th e absence of any officer of the Authority, or for
any other reason that the board may deem sufficient, the
board may delegate from time to time and for such time as
it may deem appropriate, the powers or duties or any of
them of such officer to any other officer or to any
director, provided a majority of the board then in office
concurs therein.
Section 9. Salaries
The officers of the Authority shall serve without salary;
provided that nothing herein contained shall be construed
to preclude any officer from serving the Authority in any
other capacity and receiving compensation therefore.
Article VII. Contracts, Loans, Checks and Deposits
Section 1. Contracts
The board of directors may authorize any officer
or officers, agent or agents, to enter into any contract
or execute and deliver any instrument in the name of and
on behalf of the Authority, and such authority may be
general or confined to specific instances.
Section 2. Loans
No loan shall be contracted on behalf of the
Authority and no evidence s of indebtedness shall be
issued in its name unless authorized by a resolution of
the board of directors and approved by the Albion City
Council. Such authority may be general or confined to
specific instances.
Section 3. Checks, Drafts, Etc.
All checks, drafts or other orders for payment
of money, notes or other evidences of indebtedness issued
in the name of the Authority, shall be signed by such
officer or officers, agent or agents of the Authority and
in such manner as shall from time to time be determined
by resolution of the board of directors.
Section 4. Deposits
All funds of the Authority not otherwise
employed shall be deposited from time to time to the
credit of the Authority in such banks, trust companies or
other depositories as the board of directors may select.
Article VIII. Raising of Funds
Section 1. Ad Valorem Tax
The Authority may; in accordance with PA 197 of
1975 and Ordinance 88-2, as amended, levy an as valorem
tax on the real and tangible property not exempt by law
and as fin ally equalized in the downtown district. The
tax shall be collected by the City of Albion at the same
time and in the same manner as it collects its other ad
valorem taxes. The tax shall be paid to the Secretary-Treasurer
of the Authority and credited to the general fund of the
Authority for purposes of financing only the operations
of the Authority.
Section 2. Borrowing Money Prior
to Collection of Tax
The City may at the request of the Authority
borrow money and issue its notes therefore pursuant to Act
202 of the Public Acts of 1943, as amended, being
sections 131.1 and 138.2 of the Michigan Compiled Law, in
anticipation of collection of the ad valorem tax
authorized in this section.
Section 3. Revenue Bonds
The Authority may borrow money and issue it s
negotiable revenue bonds therefore pursuant to Act 94 of
the Public Acts of 1933, as amended, being sections 141.101
to 141.139 of the Michigan Compiled Laws. Revenue bonds
issued by the Authority shall not except as hereinafter
provided be deemed a debt of the City of Albion or the
State of Michigan. The City Council by a majority vote of
the members may pledge its full faith and credit to
support the Authority's revenue bonds.
Section 4. Tax Increment
Financing
When the Authority determines that it is
necessary for the achievement of the purposes of Act 197,
Public Acts of 1975, the Authority shall prepare and
submit a tax increment financing plan to the City Council.
The plan shall include a development plan as provided in
Section 17, Act 197, Public Acts of 1975, a detailed
explanation of the tax increment procedure, the amount of
bonded indebtedness to be incurred, the duration of the
program, and shall be in compliance with Section 15 of
that Act. The plan shall contain a statement of the
estimated impact of tax increment financing on the
assessed values of all taxing jurisdictions in which the
development area is located. The plan may provide for the
use of part or all of the captured assessed value, but
the portion intended to be used by the Authority shall
be clearly stated in the tax increment financing plan.
Article IX. Initiation of Projects
All requests for the assistance of this Authority shall be made in written form and should be addressed to the Secretary of this Board. Such requests shall include the following information.
Name, address and business status of applicant.
Brief personal or business history of the applicant.
Narrative description of proposed project, including type of business to be conducted thereon and services to be provided thereby.
Description and location of project area.
Number of employment opportunities that will be afforded or retained in the community by the project.
Upon receipt of said application the Board shall tentatively assess the public purpose of the project, its desirability, suitability, and its economic feasibility. The Board may request such other data and information from the applicant as it deems appropriate. The Board shall not proceed with the project unless such tentative findings are made.
Article X. Miscellaneous.
Section 1. District Boundaries.
The Authority shall exercise its powers within
the following area of the downtown district of the City
of Albion as authorized in Ordinance 88-2, as amended.
Section 2. Fiscal Year.
The fiscal year of the Authority shall
correspond at all times to the fiscal year of the City of
Albion
Section 3. Waiver of Notice.
When the board of directors or any committee thereof may
take action after notice to any person or after lapse of
a prescribed period of time, the action may be taken
without notice and without lapse of the period to time,
if at any time before or after the action is completed
the person entitled to notice or to participate in the
action to be taken submits a signed waiver of such
requirements.
Article XII. Amendments.
The by-laws may be altered or amended or repealed by the affirmative vote of a majority of the board of directors then in office at any regular or special meeting called for that purpose.
Return to top.