Bill Text: MI HB6052 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Economic development; tax increment financing; public notice; revise to make reference to the local government public notice act. Amends secs. 3 & 17 of 1980 PA 450 (MCL 125.1803 & 125.1817). TIE BAR WITH: HB 5560'14
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-12-03 - Printed Bill Filed 12/03/2014 [HB6052 Detail]
Download: Michigan-2013-HB6052-Introduced.html
HOUSE BILL No. 6052
December 2, 2014, Introduced by Rep. Knezek and referred to the Committee on Local Government.
A bill to amend 1980 PA 450, entitled
"The tax increment finance authority act,"
by amending sections 3 and 17 (MCL 125.1803 and 125.1817), as
amended by 2005 PA 14.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) If the governing body of a municipality determines
that it is in the best interests of the public to halt a decline in
property values, increase property tax valuation, eliminate the
causes of the decline in property values, and to promote growth in
an area in the municipality, the governing body of that
municipality may declare by resolution its intention to create and
provide for the operation of an authority.
(2) In the resolution of intent, the governing body shall set
a date for the holding of a public hearing on the adoption of a
proposed resolution creating the authority and designating the
boundaries
of the authority district. Notice Through December 31,
2014, notice of the public hearing shall be published twice in a
newspaper of general circulation in the municipality, not less than
20 nor more than 40 days before the date of the hearing. Beginning
January 1, 2015, the governing body shall provide tier A public
notice as provided in the local government public notice act not
less than 20 or more than 40 days before the date of the hearing.
Notice shall also be mailed to the property taxpayers of record in
the proposed authority district not less than 20 days before the
hearing. Beginning June 1, 2005, the notice of hearing within the
time frame described in this subsection shall be mailed by
certified mail to the governing body of each taxing jurisdiction
levying taxes that would be subject to capture if the authority is
established and a tax increment financing plan is approved. Failure
to receive the notice shall not invalidate these proceedings. The
notice shall state the date, time, and place of the hearing, and
shall describe the boundaries of the proposed authority district.
At that hearing, a citizen, taxpayer, or property owner of the
municipality has the right to be heard in regard to the
establishment of the authority and the boundaries of the proposed
authority district. The governing body of the municipality shall
not incorporate land into the authority district not included in
the description contained in the notice of public hearing, but it
may eliminate described lands from the authority district in the
final determination of the boundaries.
(3) After the public hearing, if the governing body intends to
proceed with the establishment of the authority, it shall adopt, by
majority vote of its members, a resolution establishing the
authority and designating the boundaries of the authority district
within which the authority shall exercise its powers. The adoption
of the resolution is subject to any applicable statutory or charter
provisions with respect to the approval or disapproval by the chief
executive or other officer of the municipality and the adoption of
a resolution over his or her veto. This resolution shall be filed
with the secretary of state promptly after its adoption and shall
be published at least once in a newspaper of general circulation in
the municipality.
(4) The governing body may alter or amend the boundaries of
the authority district to include or exclude lands from the
authority district in accordance with the same requirements
prescribed for adopting the resolution creating the authority.
(5) The validity of the proceedings establishing an authority
shall be conclusive unless contested in a court of competent
jurisdiction within 60 days after the last of the following takes
place:
(a) Publication of the resolution as adopted.
(b) Filing of the resolution with the secretary of state.
Sec. 17. (1) The governing body, before adoption of a
resolution approving or amending a development plan or approving or
amending a tax increment financing plan, shall hold a public
hearing
on the development plan. Notice Through
December 31, 2014,
notice of the time and place of the hearing shall be given by
publication twice in a newspaper of general circulation designated
by the municipality, the first of which shall not be less than 20
days before the date set for the hearing. Beginning January 1,
2015, the governing body shall provide tier A public notice as
provided in the local government public notice act of the time and
place of the hearing not less than 20 days before the date of the
hearing. Notice shall also be mailed to all property taxpayers of
record in the development area not less than 20 days before the
hearing. Beginning June 1, 2005, the notice of hearing within the
time frame described in this subsection shall be mailed by
certified mail to the governing body of each taxing jurisdiction
levying taxes that would be subject to capture if the development
plan or the tax increment financing plan is approved or amended.
(2) Notice of the time and place of hearing on a development
plan shall contain the following:
(a) A description of the proposed development area in relation
to highways, streets, streams, or otherwise.
(b) A statement that maps, plats, and a description of the
development plan, including the method of relocating families and
individuals who may be displaced from the area, are available for
public inspection at a place designated in the notice, and that all
aspects of the development plan will be open for discussion at the
public hearing.
(c) Other information that the governing body considers
appropriate.
(3) At the time set for hearing, the governing body shall
provide an opportunity for interested persons to be heard and shall
receive and consider communications in writing with reference
thereto. The hearing shall provide the fullest opportunity for
expression of opinion, for argument on the merits, and for
introduction of documentary evidence pertinent to the development
plan. The governing body shall make and preserve a record of the
public hearing, including all data presented at that time.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5560 (request no.
03796'13) of the 97th Legislature is enacted into law.
