Bill Text: MI HB6055 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Economic development; other; public notice; revise to make reference to the local government public notice act. Amends secs. 4, 5, 7 & 16 of 1986 PA 59 (MCL 125.2204 et seq.). TIE BAR WITH: HB 5560'14
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-12-03 - Printed Bill Filed 12/03/2014 [HB6055 Detail]
Download: Michigan-2013-HB6055-Introduced.html
HOUSE BILL No. 6055
December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.
A bill to amend 1986 PA 59, entitled
"Resort district rehabilitation act,"
by amending sections 4, 5, 7, and 16 (MCL 125.2204, 125.2205,
125.2207, and 125.2216).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) If a township board determines that it is in the
best interests of the public to halt or prevent property
deterioration or increase property valuation where possible in a
resort district, or to eliminate the causes of that deterioration,
the township board may declare by resolution the intention to
create and provide for the operation of an authority. In the
resolution of intent, the township board shall set a date for
holding a public hearing on adopting an ordinance or resolution
creating the authority and establishing the board.
(2)
Notice Through December
2014, notice of the public hearing
shall be published twice in a newspaper of general circulation in
the township, not less than 20 nor more than 40 days before the
date of the hearing. Beginning January 1, 2015, the township board
shall provide tier A public notice as provided in the local
government public notice act not less than 20 nor more than 40 days
before the date of the hearing.
(3) A resident, taxpayer, or property owner of the township
has the right to be heard in regard to the establishment of the
authority.
Sec. 5. After the public hearing, if the township board
intends to proceed with the establishment of the authority, it
shall adopt, by majority vote of its members, an ordinance or
resolution establishing the authority. The ordinance or resolution
shall promptly be filed with the secretary of state after its
adoption and through December 31, 2014 shall be published at least
once in a newspaper of general circulation in the township.
Beginning January 1, 2015, the township shall provide tier B public
notice with a link as provided in the local government public
notice act of the ordinance or resolution establishing the
authority.
Sec. 7. (1) The board shall determine the boundaries of the
proposed resort district. Subject to the limitations of section 8,
the board shall determine the millage necessary for rehabilitation
of the resort district. The board shall submit the proposed
boundaries and millage to the township board. If the township board
approves the boundaries and millage by resolution, ordinance, or
otherwise, the boundaries and millage shall be submitted to a vote
of the electors who reside in the proposed resort district. An
election shall not be held under this section after December 31,
1987.
(2)
Notice Through December
31, 2014, notice of the election
shall be published twice in a newspaper of general circulation in
the township, not less than 5 and not more than 10 days before the
date
of the election. Notice Beginning
January 1, 2015, the
township board shall provide tier A public notice as provided in
the local government public notice act of the election not less
than 5 and not more than 10 days before the date of the election.
Through December 31, 2014, notice of the election shall be posted
in not less than 20 conspicuous and public places in the proposed
resort district not less than 20 days before the election. The
notice shall state the date of the election and shall describe the
boundaries of the proposed resort district.
(3) If a majority of the electors voting on the question
approve the proposition, then the resort district is established
and the authority is authorized to levy the millage up to the
amount and duration specified in the proposition.
Sec. 16. (1) Before adopting a resolution approving a
rehabilitation plan, the township board shall hold a public hearing
on the rehabilitation plan. In addition to the notice requirements
of
the open meetings act, Act No. 267 of the Public Acts of 1976,
being
sections 15.261 to 15.275 of the Michigan Compiled Laws, 1976
PA 267, MCL 15.261 to 15.275, through December 31, 2014, notice of
the time and place of the hearing shall be given by publication 3
times in a newspaper of general circulation designated by the
township, the first of which shall be not less than 20 days before
the
date set for the hearing. Notice Beginning January 1, 2015, the
township board shall provide tier A public notice with a link as
provided in the local government public notice act of the hearing
on the rehabilitation plan not less than 20 days before the date
set for the hearing. Through December 31, 2014, notice of the
hearing shall be posted in at least 20 conspicuous and public
places in the resort district not less than 20 days before the
hearing.
(2) Notice of the time and place of hearing on a
rehabilitation plan shall contain a description of the resort
district in relation to highways, streets, streams, or otherwise; a
statement that maps, plats, and a description of the rehabilitation
plan are available for public inspection at a place designated in
the notice; and a statement that all aspects of the rehabilitation
plan are open for discussion at the public hearing. The notice may
include other information that the township board considers
appropriate.
(3) At the time set for the hearing, the township board shall
provide an opportunity for interested persons to be heard and shall
receive and consider written communications with reference to the
testimony. 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
rehabilitation plan. The township board shall make and preserve a
record of the public hearing, including all data presented at the
hearing.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 5560 of the 97th Legislature is enacted into
law.
