Bill Text: MI HB6054 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Economic development; local development financing authority; public notice; revise to make reference to the local government public notice act. Amends secs. 4 & 16 of 1986 PA 281 (MCL 125.2154 & 125.2166). TIE BAR WITH: HB 5560'14
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-12-03 - Printed Bill Filed 12/03/2014 [HB6054 Detail]
Download: Michigan-2013-HB6054-Introduced.html
HOUSE BILL No. 6054
December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.
A bill to amend 1986 PA 281, entitled
"The local development financing act,"
by amending sections 4 and 16 (MCL 125.2154 and 125.2166), section
4 as amended by 2012 PA 290 and section 16 as amended by 2005 PA
15.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) The governing body of a municipality may declare
by resolution adopted by a majority of its members elected and
serving its intention to create and provide for the operation of an
authority.
(2) In the resolution of intent, the governing body proposing
to create the authority shall set a date for holding a public
hearing on the adoption of a proposed resolution creating the
authority and designating the boundaries of the authority district
or
districts. 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. Except as otherwise
provided in subsection (8), not less than 20 days before the
hearing, the governing body proposing to create the authority shall
also mail notice of the hearing to the property taxpayers of record
in a proposed authority district and, for a public hearing to be
held after February 15, 1994, 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. 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
of a property taxpayer 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 or districts. At that hearing, a resident,
taxpayer, or property owner from a taxing jurisdiction in which the
proposed district is located or an official from a taxing
jurisdiction with millage that would be subject to capture has the
right to be heard in regard to the establishment of the authority
and the boundaries of that proposed authority district. The
governing body of the municipality in which a proposed district is
to be located shall not incorporate land into an authority district
not included in the description contained in the notice of public
hearing, but it may eliminate lands described in the notice of
public hearing from an authority district in the final
determination of the boundaries.
(3) Except as otherwise provided in subsection (8), not more
than 60 days after a public hearing held after February 15, 1994,
the governing body of a taxing jurisdiction with millage that would
otherwise be subject to capture may exempt its taxes from capture
by adopting a resolution to that effect and filing a copy with the
clerk of the municipality proposing to create the authority.
However, a resolution by a governing body of a taxing jurisdiction
to exempt its taxes from capture is not effective for the capture
of taxes that are used for a certified technology park or a
certified alternative energy park. The resolution takes effect when
filed with that clerk and remains effective until a copy of a
resolution rescinding that resolution is filed with that clerk.
(4) Except as otherwise provided in subsection (8), not less
than 60 days after the public hearing or a shorter period as
determined by the governing body for a certified technology park or
a certified alternative energy park, if the governing body creating
the authority intends to proceed with the establishment of the
authority, it shall adopt, by majority vote of its members elected
and serving, a resolution establishing the authority and
designating the boundaries of the authority district or districts
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 of
resolutions by the chief executive 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.
(5) The governing body may alter or amend the boundaries of an
authority district to include or exclude lands from that authority
district or create new authority districts pursuant to the same
requirements prescribed for adopting the resolution creating the
authority.
(6) 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 creating the authority as
adopted.
(b) Filing of the resolution creating the authority with the
secretary of state.
(7) Except as otherwise provided by this subsection, if 2 or
more municipalities desire to establish an authority under section
3(2), each municipality in which the authority district will be
located shall comply with the procedures prescribed by this act.
The notice required by subsection (2) may be published jointly by
the municipalities establishing the authority. The resolutions
establishing the authority shall include, or shall approve an
agreement including, provisions governing the number of members on
the board, the method of appointment, the members to be represented
by governmental units or agencies, the terms of initial and
subsequent appointments to the board, the manner in which a member
of the board may be removed for cause before the expiration of his
or her term, the manner in which the authority may be dissolved,
and the disposition of assets upon dissolution. An authority
described in this subsection shall not be considered established
unless all of the following conditions are satisfied:
(a) A resolution is approved and filed with the secretary of
state by each municipality in which the authority district will be
located.
(b) The same boundaries have been approved for the authority
district by the governing body of each municipality in which the
authority district will be located.
(c) The governing body of the county in which a majority of
the authority district will be located has approved by resolution
the creation of the authority.
(8) For an authority created under section 3(3), except as
otherwise provided by this subsection, the next Michigan
development corporation shall comply with the procedures prescribed
for a municipality by subsections (1) and (2) and this subsection.
The provisions of subsections (3) and (4) shall not apply to an
authority exercising its powers under section 3(3). The notice
required by subsection (2) may be published by the next Michigan
development corporation in a newspaper or newspapers of general
circulation within the municipalities which are constituent members
of the next Michigan development corporation, and notice shall not
be required to be mailed to the property taxpayers of record in the
proposed authority district. The governing body of the next
Michigan development corporation shall be the governing body of the
authority. A taxing jurisdiction levying ad valorem taxes within
the authority district that would otherwise be subject to capture
which is not a party to the intergovernmental agreement may exempt
its taxes from capture by adopting a resolution to that effect and
filing a copy not more than 60 days after the public hearing with
the recording officer of the next Michigan development corporation.
The next Michigan development corporation shall mail notice of the
public hearing to the governing body of each taxing jurisdiction
which is not a party to the intergovernmental agreement not less
than 20 days before the hearing. Following the public hearing, the
governing body of the next Michigan development corporation shall
adopt a resolution designating the boundaries of the authority
district within which the authority shall exercise its powers,
which may include any certified technology park within the proposed
authority district in accordance with this subsection and may
include property adjacent to or within 1,500 feet of a road
classified as an arterial or collector according to the federal
highway administration manual "Highway Functional Classification -
Concepts, Criteria and Procedures" or of another road in the
discretion of the next Michigan development corporation, and
property adjacent to that property within the territory of the next
Michigan development corporation, as provided in the resolution.
The resolution shall be effective when adopted, shall be filed with
the secretary of state and the president of the Michigan strategic
fund promptly after its adoption, and shall be published at least
once in a newspaper of general circulation in the territory of the
next Michigan development corporation. If an authority district
designated under this subsection or subsequently amended includes a
certified technology park which is within the authority district of
another authority and which is subject to an existing development
plan or tax increment financing plan, then that certified
technology park may be considered to be under the jurisdiction of
the authority established under section 3(3) if so provided in a
resolution of the authority established under section 3(3) and if
approved by resolution of the governing body of the municipality
which created the other authority, and by the president of the
Michigan strategic fund. If so provided and approved, then the
development plan and tax increment financing plan applicable to the
certified technology park, including all assets and obligations
under the plans, shall be considered assigned and transferred from
the other authority to the authority created under section 3(3),
and the initial assessed value of the certified technology park
prior to the transfer shall remain the initial assessed value of
the certified technology park following the transfer. The transfer
shall be effective as of the later of the effective date of the
resolution of the authority established under section 3(3), the
resolution approved by the governing body of the municipality which
created the other authority, and the approval of the president of
the Michigan strategic fund.
Sec. 16. (1) Before adoption of a resolution approving or
amending a development plan or approving or amending a tax
increment financing plan, the governing body 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 not less than 20
days before the date set for 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 property to which the plan applies 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 to
the matter. 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.
