Public Notice: Ordinance 2026.06/452, an ordinance approving the amendment to the Development Plan and Tax Increment Financing Plan of the DDA of the City of Buchanan

CITY OF BUCHANAN

CITY COMMISSION

NOTICE OF ORDINANCE ADOPTION

PLEASE TAKE NOTICE that the City Commission of the City of Buchanan, Berrien County, Michigan, adopted Ordinance No. 2026.06/452 at its Regular Meeting held on Monday, June 22nd, 2026.

CITY OF BUCHANAN

BERRIEN COUNTY, MICHIGAN

ORDINANCE NO. 2026.06/452

AN ORDINANCE APPROVING THE AMENDMENT TO THE DEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN OF THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF BUCHANAN AND PROVIDING FOR OTHER MATTERS RELATED THERETO.

THE CITY OF BUCHANAN ORDAINS:

WHEREAS, pursuant to the provisions of Act 57, Michigan Public Acts of 2018 ("Act 57"),  formerly Act 197 of 1975, and Ordinance No. 232, the City Commission of the City of Buchanan has established the Downtown Development Authority of the City of Buchanan (the "Authority"); and

WHEREAS, the Authority has submitted to the City Commission a Tax Increment Financing Plan and Development Plan for approval by the City commission( the "Plan”) with respect to certain area within the Authority's jurisdiction described as the Development Area in the Plan; and

WHEREAS, on May 26th and June 22nd , 2026, the City Commission held a public hearing on the Plan following appropriate notice as required by Act 57; and

WHEREAS, The City Commission has given the taxing jurisdictions in which the Development Area is located an opportunity to meet with the City Commission and to express their views and recommendations regarding the Plan, as required by Act 57; and

WHEREAS, after consideration of the Plan and discussion with representatives of the various taxing jurisdictions, the City Commission has determined that it is necessary and in the best interests of the City to approve the Plan.

NOW THEREFORE, THE CITY OF BUCHANAN, BERRIEN COUNTY, MICHIGAN ORDAINS:

SECTION 1. Findings.

A.           The Plan Amendment meets the requirements set forth in the Act.

B.           The proposed method of financing the development is feasible and the Authority has the ability to arrange the financing.

C.           The development is reasonable and necessary to carry out the purposes of the Act.

D.           Any land included within the Development Area to be acquired is reasonably necessary to carry out the purposes of the Act.

E.           The Plan Amendment is in reasonable accord with the master plan of the City.

F.            Public services, such as fire and police protection and utilities, are or will be adequate to service the Development Area.

G.           Changes in zoning, streets, street levels, intersections, and utilities, to the extent required by the Plan Amendment, are reasonably necessary for the Plan and for the City.

SECTION 2. Public Purpose. The City Commission hereby determines that the Plan Amendment constitutes a public purpose.

SECTION 3. Best Interest of the Public. The City Commission hereby determines that it is in the best interests of the public to halt property value deterioration, increase property tax valuation, eliminate the causes of the deterioration in property values, and to promote growth in the Downtown District to proceed with the Plan Amendment.

SECTION 4. Approval and Adoption of Plan Amendment. The Plan Amendment is hereby approved and adopted. A copy of the Plan Amendment, and all later amendments thereto shall be maintained on file in the City Clerk's office.

SECTION 5. Preparation of Annual Tax Increment Assessment Roll. Each year within 15 days following the final equalization of property in the Development Area, the City Assessor shall prepare the tax increment assessment roll. The tax increment assessment roll shall show the initial taxable value of each parcel of property within the Development Area, the amount by which the current taxable value as finally equalized for all taxable property in the Development Area exceeds the initial taxable value of the property as shown on the base year assessment roll (the "captured taxable value"). Copies of the annual tax increment assessment roll shall be transmitted by the Assessor to the City Finance Director, the County Treasurer, the Authority and the treasurer of each taxing jurisdiction within the Development Area, together with a notice that it has been prepared in accordance with this Ordinance and the Amendments.

SECTION 6. Establishment of Project Fund; Approval of Depositary. The Treasurer of the Authority shall establish a separate fund which shall be kept in a depositary bank account or accounts in a bank or banks approved by the Finance Director of the City, to be designated Downtown Development Authority Project Fund. All moneys received by the Authority pursuant to the Plan shall be deposited in the Project Fund. All moneys in the Project Fund and earnings thereon shall be used only in accordance with the Plan.

SECTION 7. Payment of Tax Increments to Authority. The City Finance Director and the Berrien County Treasurer shall, as ad valorem and specific taxes are collected on the property in the Development Area, pay that proportion of the taxes, except for penalties and collection fees, that the captured taxable value bears to the initial taxable value to the treasurer of the Authority for deposit in the Project Fund. The payments shall be made on the date or dates on which the City Finance Director and the Berrien County Treasurer are required to remit taxes to each of the taxing jurisdictions.

SECTION 8. Annual Report. Within 90 days after the end of each fiscal year, the Authority shall submit to the City Commission, with copies to each taxing jurisdiction, a report on the status of the Project Fund. The report shall include the amount and source of revenue in the account, the amount and purpose of expenditures from the account, the amount of principal and interest on any outstanding indebtedness, the amount in any bond reserve account, the initial taxable value of the Development Area, the captured taxable value of the Development Area and the amount of captured taxable value retained by the Authority, the tax increments received and the amount of any surplus from the prior year, and any additional information requested by the City Commission or deemed appropriate by the Authority. The secretary of the Authority shall cause a copy of the report to be published once in full in a newspaper of general circulation in the City.

SECTION 10. Conflict and Severability. All ordinances, resolutions and orders or parts thereof in conflict with the provisions of the Ordinance are to the extent of such conflict hereby repealed, and each section of the Ordinance and each subdivision of any section thereof is hereby declared to be independent, and the finding or holding of any section or subdivision thereof to be invalid or void shall not be deemed or hold to affect the validity of any other section or subdivision of the Ordinance.

SECTION 11. Paragraph Headings. The paragraph headings in this Ordinance are furnished for convenience of reference only and shall not be considered to be a part of the Ordinance.

SECTION 12. Publication and Recordation. The Ordinance shall be published in full promptly after its adoption in the Berrien County Record, a newspaper of general circulation in the City, qualified under State law to publish legal notices, and shall be recorded in the Ordinance Book of the City, which recording shall be authenticated by the signature of the City Clerk.

SECTION 13. Effective Date. The Ordinance is hereby determined by the City Commission to be immediately necessary for the interests of the City and shall be in full force and effect from and after its passage and publication as required by law. The foregoing Ordinance was adopted by vote of the City Commission of the City of Buchanan, Berrien County, Michigan, at a meeting held on June 22nd, 2026 AND IT WAS PUBLISHED IN THE BERRIEN COUNTY RECORD NEWSPAPER ON THE 2nd DAY OF July, 2026.

MARK WEEDON, MAYOR _______________________________

KALLA LANGSTON-WEISS, CITY CLERK _______________________________

CERTIFICATION

I hereby certify that the above is a true and complete copy of an ordinance adopted by the City Commission of the City of Buchanan, County of Berrien, State of Michigan, at a regular meeting held on the 22nd day of June, 2026, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan, 1976, as required by said Act.

Ordinance No. 2026.06/452 will take effect on July 17, 2026.

A copy of the Ordinance is available on the City’s website at www.cityofbuchanan.com

 or may be inspected at Buchanan City Hall, 302 N. Redbud Trail, Buchanan, Michigan 49107, during regular business hours.

Kalla Langston-Weiss

City Clerk