Resolved by the Commission of the City of Battle Creek:
That, the Battle Creek Tax Increment Finance Authority (the “Authority”) and the City of Battle Creek (the “City”) pursuant to the provisions of Public Act 450 of the Public Acts of Michigan of 1980, as amended (“Act 450”), desire to amend the Authority’s Tax Increment Financing Plan and Development Plan (the “Plan”) as set forth in a proposed amendment to the Plan; and
that, the Authority prepared and recommended the amendment to the Plan to the City Commission for approval; and
the proposed amendment to the Plan, in the form on file with the City Clerk, if approved by the City, would authorize the pass-through of certain tax increment revenues derived by the Authority from the levy of City operating millage on the captured assessed value of properties located within the Authority’s district (the “District”) in a specified minimum annual amount and subject to certain terms and conditions (the “Amendment”); and
pursuant to the requirements of Act 450, the City Commission held a public hearing on the Amendment on June 6, 2017, at 7:00 p.m. or shortly thereafter, at the Battle Creek City Hall located at 10 N. Division Street in the City; and
notice of said public hearing was given twice by publication in the Battle Creek Shopper News on May 11, 2017 and May 18, 2017, in accordance with the requirements of Section 17 of Act 450; and
prior to said public hearing, the City provided a reasonable opportunity to all taxing jurisdictions that levy taxes in the District to express their views and recommendations regarding the Amendment; and
by letter dated May 8, 2017, which was mailed via certified mail on or before May 16, 2017 in accordance with Act 450, the Authority informed each such taxing jurisdiction about the fiscal and economic implication of the Amendment; and
at said public hearing, the City Commission provided the fullest opportunity for interested persons to be heard, the expression of opinion, argument on the merits, and introduction of documentary evidence pertinent to the Amendment and, in addition, the City Commission received and considered all communications submitted in writing with reference to the matter; and
a record of the public hearing, including all data presented at that time, has been made.
NOW, THEREFORE, BE IT HEREBY RESOLVED AS FOLLOWS:
1. The Amendment constitutes a public purpose.
2. With respect to the Plan, as amended by the Amendment (collectively, the “Plan”), the City Commission hereby makes the following findings in accordance with Section 18(1) of Act 450:
(a) The Development Plan portion of the Plan meets the requirements set forth in Section 16(2) of Act 450;
(b) The Tax Increment Financing Plan portion of the Plan meets the requirements set forth in Sections 13(1) of Act 450;
(c) The proposed method of financing the public facilities as set forth in the Plan is feasible and the Authority has the ability to arrange the financing;
(d) The development set forth in the Plan is reasonable and necessary to carry out the purpose of Act 450;
(e) The amount of captured assessed value estimated to result from the adoption of the Plan is reasonable;
(f) Any land to be acquired under the Plan is reasonably necessary to carry out the purposes of the Plan and the purposes of Act 450;
(g) The Development Plan portion of the Plan is in reasonable accord with the approved Master Plan of the City;
(h) All public services, such as fire and police protection and utilities are, or will be, adequate to service the Authority District and the property located therein; and
(i) The required changes in zoning, streets, street levels, intersections and utilities as described in the Plan are reasonably necessary for the project and the City.
3. Based upon the findings set forth in paragraph 2 above, the Amendment in the form on file with the City Clerk is hereby approved.
4. The Authority is hereby authorized and directed to implement the Amendment.
5. All resolutions and parts of resolutions in conflict herewith shall be and the same are hereby rescinded.
YEAS: Members: Commissioners Baldwin, Behnke, Faris, Flores, Gray, Helmboldt, Owens, Sherzer and Walters
NAYS: Members: None
ABSTAIN: Members: None
RESOLUTION DECLARED ADOPTED.
Victoria Houser, Clerk
City of Battle Creek
STATE OF MICHIGAN )
) ss.
COUNTY OF CALHOUN )
I, the undersigned, the duly qualified and acting Clerk of the City of Battle Creek, Calhoun County, Michigan, do hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City at a regular meeting on June 6, 2017, the original of which is on file in my office. Public notice of said meeting was given pursuant to and in compliance with Act No. 267, Public Acts of Michigan, 1980, as amended, including in the case of a special or rescheduled meeting, notice by publication or posting at least eighteen (18) hours prior to the time set for the meeting.
IN WITNESS WHEREOF, I have hereunto affixed my official signature on the 20th day of June, 2017.
__________________________________________
Victoria Houser, Clerk
City of Battle Creek
I, Victoria Houser, City Clerk of the City of Battle Creek, hereby certify the above and foregoing is a true and correct copy of a Resolution adopted by the Battle Creek City Commission at a Regular meeting held on June 20, 2017.
Victoria Houser
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