Chapter 2
ADMINISTRATION*

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Cross references: Cable communications, ch. 5, emergency services, ch. 6; offenses affecting governmental functions, § 11-36; planning, ch. 13; telecommunications, ch. 16.5; administration and enforcement of zoning, § 19-556.

State law references: Townships generally, MCL 41.1 et seq.; freedom of information act, MCL 15.231 et seq.; charter townships, MCL 42.1 et seq.

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Article I. In General

Secs. 2-1– 2-25. Reserved.

Article II. Township Board

Secs. 2-26– 2-45. Reserved.

Article III. Officers and Employees

Secs. 2-46– 2-65. Reserved.

Article IV. Boards and Commissions

Secs. 2-66– 2-85. Reserved.

Article V. Employee Benefits

Division 1. Generally

Secs. 2-86– 2-95. Reserved.

Division 2. Pension Plan

Sec. 2-96. Plan established.

Sec. 2-97. Contribution formula.

Sec. 2-98. Payment of contributions.

Sec. 2-99. Scope of benefits.

Sec. 2-100. Other benefits.

Secs. 2-101– 2-120. Reserved.

Article VI. Finances

Sec. 2-121. Fiscal year.

Sec. 2-122. Rejection of tax exemption.

Sec. 2-123. Payment in lieu of taxes.

ARTICLE I.
IN GENERAL

Secs. 2-1– 2-25. Reserved.

ARTICLE II.
TOWNSHIP BOARD*

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State law references: Standards of conduct and ethics, MCL 15.341 et seq.; open meetings act, MCL 15.261 et seq.

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Secs. 2-26– 2-45. Reserved.

ARTICLE III.
OFFICERS AND EMPLOYEES*

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State law references: Standards of conduct and ethics, MCL 15.341 et seq.

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Secs. 2-46– 2-65. Reserved.

ARTICLE IV.
BOARDS AND COMMISSIONS*

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Cross references: Township planning commission, § 13-26; board of zoning appeals, § 19-586.

State law references: Standards of conduct and ethics, MCL 15.341 et seq.; open meetings act, MCL 15.261 et seq.

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Secs. 2-66– 2-85. Reserved.

ARTICLE V.
EMPLOYEE BENEFITS*

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State law references: Retirement systems and insurance for township personnel, MCL 41.110b et seq.

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DIVISION 1.
GENERALLY

Secs. 2-86– 2-95. Reserved.

DIVISION 2.
PENSION PLAN

Sec. 2-96. Plan established.

Pursuant to Act No. 27 of the Public Acts of Michigan of 1960 (MCL 41.901 et seq., as amended, the charter township hereby creates and establishes by ratification a group pension plan to provide retirement benefits for its full-time officers and full-time employees as provided hereafter and also hereby authorizes the township supervisor and the township clerk to contract, in the name of the township, subject to the approval of the township board, with any company authorized to transact such business within the state for such group pension plan.

(Ord. No. 144, § 2, 5-15-85)

Sec. 2-97. Contribution formula.

The group pension plan created, established and ratified and contracted for under this division shall provide the following contribution formula in arriving at the amount of the annual contribution for each full-time elected officer and full-time employee to be made to the plan. The annual contribution for each such person shall be fifteen (15) percent of the annual compensation, effective as of January 1, 1993.

(Ord. No. 144, § 3, 5-15-85; Ord. No. 144-A1, § 1, 6-15-94)

Sec. 2-98. Payment of contributions.

The monthly contributions provided for in section 2-97 shall be secured from the general fund of the township and paid to the company which has contracted with the township to provide the pension plan. The calculations shall be made as soon as possible after January 19th of each year hereafter as may be practicable based upon the current salaries of those persons who are paid annual salaries. As to the calculations above, if any increase in annual compensation occurs during the year for which the contribution has been made for any person, such additional compensation shall also be considered and a contribution of fifteen (15) percent of this additional compensation shall also be made for such person at the time that the next annual contribution is calculated, effective as of January 1, 1993.

(Ord. No. 144, § 4, 5-15-85; Ord. No. 144-A1, § 2, 6-15-94)

Sec. 2-99. Scope of benefits.

The pension plan as approved by the township board shall provide for a normal retirement age for the receipt of benefits; the accumulation of each beneficiary's pension account; the types of payments of benefits upon becoming eligible; benefits in the event of withdrawal as a result of death, total disability or termination of employment; funding and investment provisions; and payment of plan expenses.

(Ord. No. 144, § 5, 5-15-85)

Sec. 2-100. Other benefits.

The township hereby ratifies and confirms any other plans of life, health, hospitalization, medical or surgical service and expense and accident insurance or any one or more of such forms of insurance which may be in existence for the benefit of full-time township officers and employees on May 15, 1985, and same shall not be affected by this division, such ratification including but not necessarily limited to a pension plan approved by the township by Resolution D-83-36 passed January 19, 1983.

(Ord. No. 144, § 6, 5-15-85)

Secs. 2-101– 2-120. Reserved.

ARTICLE VI.
FINANCES*

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State law references: Borrowing money, purposes, MCL 41.416 et seq.

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Sec. 2-121. Fiscal year.

The fiscal year of the township shall extend from January 1st of each year until December 31st of the same year.

(Ord. No. 131, § 1, 2-21-79)

State law references: Fiscal year, MCL 41.72.

Sec. 2-122. Rejection of tax exemption.

Pursuant to the authority granted in MCL 125.1415(a): it is provided that the tax exemption established in subsection (1) of the statute shall not apply to all or any class of housing projects within the boundaries of the township to which subsection (1) applies.

(Ord. No. 119, § 1, 12-4-73)

Sec. 2-123. Payment in lieu of taxes.

Notwithstanding the provisions of section 2-122, the following shall only apply to Heritage Place at Bridge Valley:

(1) Purpose. It is acknowledged that it is a proper public purpose of the State of Michigan and its political subdivision to provide housing for its citizens of low and moderate income and to encourage the development of such housing by providing for a service charge in lieu of property taxes in accordance with the State Housing Development Authority Act of 1966 (1966 PA 346, as amended, MCL 125.1401 et seq.). The township is authorized by said act to establish or change the service charge to be aid in lieu of taxes by any or all classes of housing exempt from taxation under the act at any amount it chooses, not to exceed the taxes that would be paid but for the act. It is further acknowledged that such housing for persons of low and moderate income is a public necessity; and as the township will be benefited and improved by such housing, the encouragement of the same by providing certain real estate tax exemption therefore is a valid public purpose; further, that the continuance of the provisions of this article for the tax exemption and the service charge in lieu of taxes during the periods hereinafter contemplated are essential to the determination of economic feasibility of housing developments which are constructed and financed in reliance thereon.

(2) Heritage Place at Bridge Valley. The township acknowledges that Heritage Place at Bridge Valley Limited Dividend Housing Association Limited Partnership (a sponsor as defined herein) has offered, subject to allocation of tax credit financing from the authority, under Section 42 of the Internal Revenue Code, as amended, to erect or operate and maintain a housing development identified as Heritage Place at Bridge Valley, located on the property described on "Exhibit A" [attached to Ord. No. 179 and incorporated herein by reference].

(3) Definitions.

a. Act means the State Housing Development Authority Act, being Public Act 346 of 1966, of the State of Michigan, as amended.

b. Annual shelter rent means the total collections during an agreed annual period from all occupants of a housing development representing rent or occupancy charges, exclusive of charges for gas, electricity, heat, or other utilities furnished to the occupants.

c. Authority means the Michigan State Housing Development Authority.

d. Contract rents are as defined by the U.S. Department of Housing and Urban Development in regulated promulgated pursuant to the U.S. Housing Act of 1947, as amended by the Housing and Community Development Act of 1947. It is understood that such rents are meant to be the tenants' rental contribution plus any federal subsidies.

e. Elderly shall mean a family wherein the head of the household is 55 years of age or older or a single person who is 55 years of age or older.

f. Housing development means a development which contains a significant element of housing for low income persons or elderly persons of low income and such elements of other housing, commercial, recreational, industrial, communal, and educational facilities as the authority determines improve the quality of the development as it relates to housing for persons of low income or elderly persons of low income.

g. Low income persons means persons and families eligible to move into a housing development financed by the authority.

h. Mortgage loan means a loan made or to be made by the authority to sponsors for the construction and/or permanent financing of the housing developments.

i. Sponsor means persons or entities which have applied to the authority for, or previously received from the authority, a mortgage loan to finance a housing development.

j. Utilities mean fuel, water, sanitary sewer and/or electrical service, which are paid by the development.

(4) Class of housing developments. It is determined that the class of housing developments to which the tax exemption shall apply and for which a service charge shall be paid in lieu of such taxes, shall be that portion of a development which is for elderly persons or low-income persons and which is financed or assisted pursuant to the act. It is further determined that Heritage Place at Bridge Valley Limited Dividend Housing Association Limited Partnership is of this class.

(5) Establishment of annual service charge for Heritage Place at Bridge Valley. The housing development identified as Heritage Place at Bridge Valley and the property on which it shall be constructed shall be exempt from all property taxes from and after the commencement of construction. The township, acknowledging that the sponsor and the authority have established the economic feasibility of the housing development in reliance upon the enactment and continuing effect of the ordinance from which this section derives and the qualification of the housing development for exemption from all property taxes and a payment in lieu of taxes as established in the ordinance from which this section derives, and in consideration of the sponsor's offer, subject to receipt of an allocation of low-income housing tax credits under Section 42 of the Internal Revenue Code of 1986, as amended, to construct, own, and operate the housing development, agrees to accept payment of an annual service charge for public services in lieu of all property taxes. The annual service charge shall be equal to one percent of the annual shelter rents less utilities.

(6) Contractual effect of article. Notwithstanding the provision of Section 15(a)(5) of the act, to the contrary, a contract between the township and the sponsors, with the authority as third party beneficiary thereunder, to provide tax exemption and accept payments in lieu thereof as previously described is effected by enactment of this article.

(7) Determination and payment of service charge. The amount of the service charge in lieu of taxes for the immediately proceeding year shall be determined by the township finance department. The sponsor shall furnish to said department by March 15, of the calendar year following the calendar year for which the service charge in lieu of taxes is to be determined, all documentation required to make said determination, which shall include but not be limited to the documentation required under section 1005.

The service charge in lieu of taxes for the immediately preceding calendar shall be payable to the township except that the annual payment shall be paid on or before April 15 of the calendar year following the calendar year for which the service charge in lieu of taxes to be determined.

(8) Duration. This article shall remain in effect and shall not terminate so long as a mortgage loan made to the sponsor for a development subject to this article remains outstanding and unpaid or the authority has any interest in property subject to a service charge under this article, and so long as the project remains compliant with Section 42 of the Internal Revenue Code of 1986, as amended, if applicable; provided that construction of any housing development subject to this article commences within one year from the effective date of this ordinance establishing the annual service charge for said development.

(Ord. No. 179, 8-20-03)