Bill Text: MI SB0242 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Economic development; other; business improvement districts; expand to include townships. Amends secs. 10, 10a, 10b, 10c, 10d, 10e, 10f, 10g, 10h, 10i, 10j, 10k, 10l & 10m of 1961 PA 120 (MCL 125.990 et seq.).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-03-05 - Referred To Committee On Economic Development [SB0242 Detail]

Download: Michigan-2013-SB0242-Introduced.html

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SENATE BILL No. 242

 

 

March 5, 2013, Introduced by Senator HILDENBRAND and referred to the Committee on Economic Development.

 

 

 

     A bill to amend 1961 PA 120, entitled

 

"An act to authorize the development or redevelopment of principal

shopping districts and business improvement districts; to permit

the creation of certain boards; to provide for the operation of

principal shopping districts and business improvement districts; to

provide for the creation, operation, and dissolution of business

improvement zones; and to authorize the collection of revenue and

the bonding of certain local governmental units for the development

or redevelopment projects,"

 

by amending sections 10, 10a, 10b, 10c, 10d, 10e, 10f, 10g, 10h,

 

10i, 10j, 10k, 10l, and 10m (MCL 125.990, 125.990a, 125.990b,

 

125.990c, 125.990d, 125.990e, 125.990f, 125.990g, 125.990h,

 

125.990i, 125.990j, 125.990k, 125.990l, and 125.990m), as added by

 

2001 PA 260.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 10. As used in this chapter:

 

     (a) "Assessable property" means real property in a zone area

 

other than property classified as residential real property under

 

section 34c of the general property tax act, 1893 PA 206, MCL

 

211.34c, or real property exempt from the collection of taxes under

 

the general property tax act, 1893 PA 206, MCL 211.1 to 211.157

 

211.155.

 

     (b) "Assessment" means an assessment imposed under this

 

chapter against assessable property for the benefit of the property

 

owners.

 

     (c) "Assessment revenues" means the money collected by a

 

business improvement zone from any assessments, including any

 

interest on the assessments.

 

     (d) "Board" means the board of directors of a business

 

improvement zone.

 

     (e) "Business improvement zone" means a business improvement

 

zone created under this chapter.

 

     (f) "Local governmental unit" means a city, village, or urban

 

township.

 

     (g) (f) "Nonprofit corporation" means a nonprofit corporation

 

organized under the nonprofit corporation act, 1982 PA 162, MCL

 

450.2101 to 450.3192, and which complies with all of the following:

 

     (i) The articles of incorporation of the nonprofit corporation

 

provide that the nonprofit corporation may promote a business

 

improvement zone and may also provide management services related

 

to the implementation of a zone plan.

 

     (ii) The nonprofit corporation is exempt from federal income

 

tax under section 501(c)(4) or 501(c)(6) of the internal revenue

 

code, of 1986 26 USC 501.

 

     (h) (g) "Person" means an individual, partnership,

 

corporation, limited liability company, association, or other legal

 

entity.

 

     (i) (h) "Project" means any activity for the benefit of

 

property owners authorized by section 10a to enhance the business

 

environment within a zone area.

 

     (j) (i) "Property owner" means a person who owns, or an agent

 

authorized in writing by a person who owns, assessable property

 

according to the records of the treasurer of the city or village

 

local governmental unit in which the business improvement zone is

 

located.

 

     (k) (j) "7-year period" means the period in which a business

 

improvement zone is authorized to operate, beginning on the date

 

that the business improvement zone is created or renewed and ending

 

7 calendar years after that date.

 

     (l) "Urban township" means a township that meets all of the

 

following:

 

     (i) Has a population of 17,000 or more as of the most recent

 

federal decennial census.

 

     (ii) Is located in a county with a population of 600,000 or

 

more but less than 800,000 as of the most recent federal decennial

 

census.

 

     (m) (k) "Zone area" means the area designated in the zone plan

 

as the area to be served by the business improvement zone.

 

     (n) (l) "Zone plan" means a set of goals, strategies,

 

objectives, and guidelines for the operation of a business

 

improvement zone, as approved at a meeting of property owners

 

conducted under section 10d.

 

     Sec. 10a. (1) A business improvement zone is a public body

 

corporate and may do 1 or more of the following for the benefit of

 

property owners located in the business improvement zone:

 

     (a) Acquire, through purchase, lease, or gift, construct,

 

develop, improve, maintain, operate, or reconstruct park areas,

 

planting areas, and related facilities within the zone area.

 

     (b) Acquire, construct, clean, improve, maintain, reconstruct,

 

or relocate sidewalks, street curbing, street medians, fountains,

 

and lighting within the zone area.

 

     (c) Develop and propose lighting standards within the zone

 

area.

 

     (d) Acquire, plant, and maintain trees, shrubs, flowers, or

 

other vegetation within the zone area.

 

     (e) Provide or contract for security services with other

 

public or private entities and purchase equipment or technology

 

related to security services within the zone area.

 

     (f) Promote and sponsor cultural or recreational activities.

 

     (g) Engage in economic development activities, including, but

 

not limited to, promotion of business, retail, or industrial

 

development, developer recruitment, business recruitment, business

 

marketing, business retention, public relations efforts, and market

 

research.

 

     (h) Engage in other activity with the purpose to enhance the

 

economic prosperity, enjoyment, appearance, image, and safety of

 

the zone area.

 

     (i) Acquire by purchase or gift, maintain, or operate real or

 

personal property necessary to implement this chapter.

 

     (j) Solicit and accept gifts or grants to further the zone

 

plan.

 

     (k) Sue or be sued.

 

     (2) A business improvement zone may contract with a nonprofit

 

corporation or any other public or private entity and may pay a

 

reasonable fee to the nonprofit corporation or other public or

 

private entity for services provided.

 

     (3) A business improvement zone has the authority to borrow

 

money in anticipation of the receipt of assessments if all of the

 

following conditions are satisfied:

 

     (a) The loan will not be requested or authorized, or will not

 

mature, within 90 days before the expiration of the 7-year period.

 

     (b) The amount of the loan does not exceed 50% of the annual

 

average assessment revenue of the business improvement zone during

 

the previous year or, in the case of a business improvement zone

 

that has been in existence for less than 1 year, the loan does not

 

exceed 25% of the projected annual assessment revenue.

 

     (c) The loan repayment period does not extend beyond the 7-

 

year period.

 

     (d) The loan is subject to the revised municipal finance act,

 

2001 PA 34, MCL 141.2101 to 141.2821.

 

     (4) The services provided by and projects of a business

 

improvement zone are services and projects of the business

 

improvement zone and are not services, functions, or projects of

 

the municipality in which the business improvement zone is located.

 

The services provided by and projects of a business improvement

 

zone are supplemental to the services, projects, and functions of

 

the city or village local governmental unit in which the business

 

improvement zone is located.

 

     (5) The business improvement zone has no other authority than

 

the authority described in this act.

 

     Sec. 10b. (1) Except as provided in subsection (4), 1 or more

 

business improvement zones may be established within a city or

 

village local governmental unit.

 

     (2) The majority of all parcels included in a zone area, both

 

by area and by taxable value, shall be assessable property. A zone

 

area shall be contiguous, with the exception of public streets,

 

alleys, parks, and other public rights-of-way.

 

     (3) Except as provided in subsection (4), a business

 

improvement zone may be established in a city or village local

 

governmental unit even if the city or village local governmental

 

unit has established a principal shopping district or business

 

improvement district under chapter 1. Assessable property shall not

 

be included in any of the following:

 

     (a) More than 1 business improvement zone established under

 

this chapter.

 

     (b) Both a principal shopping district and a business

 

improvement district established under chapter 1.

 

     (4) If at the time of the effective date of the amendatory act

 

that added this subsection on March 1, 2002 a business improvement

 

district established under chapter 1 is located in a city or

 

village local governmental unit, a business improvement zone may

 

not be established under this chapter within that city or village

 

local governmental unit unless within 180 days of the effective

 

date of the amendatory act that added this subsection March 1, 2002

 

or during July 2005 or during July every third year after 2005 the

 

governing body of the city or village local governmental unit

 

adopts a resolution authorizing the governing body to consider, as

 

provided in section 10e, the establishment of a business

 

improvement zone under this chapter.

 

     Sec. 10c. (1) A person may initiate the establishment of a

 

business improvement zone by the delivery of a petition to the

 

clerk of the city or village local governmental unit in which a

 

proposed zone area is located. The petition shall include all of

 

the following:

 

     (a) The boundaries of the zone area.

 

     (b) The signatures of property owners of parcels representing

 

not less than 30% of the property owners within the zone area in a

 

city or village or not less than 50% of the property owners within

 

the zone area in an urban township, weighted as provided in section

 

10f(2).

 

     (c) A listing, by tax parcel identification number, of all

 

parcels within the zone area, separately identifying assessable

 

property.

 

     (2) After a petition is filed pursuant to subsection (1), the

 

clerk shall notify all property owners within the zone area of a

 

public meeting of the property owners regarding the establishment

 

of the business improvement zone to be held not less than 45 days

 

or more than 60 days after the filing of the petition. The notice

 

shall be sent by first-class mail to the property owners not less

 

than 14 days prior to the scheduled date of the meeting. The notice

 

shall include the specific location and the scheduled date and time

 

of the meeting.

 

     Sec. 10d. (1) At the meeting required by section 10c, the

 

property owners may adopt a zone plan for submission to and

 

approval by the governing body of the city or village local

 

governmental unit in which the business improvement zone is

 

located.

 

     (2) A zone plan shall include all of the following:

 

     (a) A description of the boundaries of the zone area

 

sufficient to identify each assessable property included.

 

     (b) The proposed initial board of directors, except for a

 

director of the board who may be appointed by the city or village

 

local governmental unit under section 10g(2).

 

     (c) The method for removal, appointment, and replacement of

 

the board.

 

     (d) A description of projects planned during the 7-year

 

period, including the scope, nature, and duration of the projects.

 

     (e) An estimate of the total amount of expenditures for

 

projects planned during the 7-year period.

 

     (f) The proposed source or sources of financing for the

 

projects.

 

     (g) If the proposed financing includes assessments, the

 

projected amount or rate of the assessments for each year and the

 

basis upon which the assessments are to be imposed on assessable

 

property.

 

     (h) A listing, by tax parcel identification number, of all

 

parcels within the zone area, separately identifying assessable

 

property.

 

     (i) A plan of dissolution for the business improvement zone.

 

     (3) A zone plan shall be considered adopted by the property

 

owners if a majority of the property owners voting at the meeting

 

approve the zone plan. The votes of the property owners at the

 

meeting shall be weighted in the manner indicated in section

 

10f(2).

 

     (4) Any zone plan adopted under this section shall be

 

presented to the clerk of the city or village local governmental

 

unit in which the zone area is located.

 

     Sec. 10e. (1) If a zone plan is adopted and presented to the

 

clerk of the city or village local governmental unit in accordance

 

with section 10d, the governing body of the city or village local

 

governmental unit shall within 45 days schedule a public hearing of

 

the governing body to review the zone plan and any proposed

 

assessment and to receive public comment. The clerk shall notify

 

all owners of parcels within the zone area of the public hearing by

 

first-class mail.

 

     (2) At the public hearing, or at the next regularly scheduled

 

meeting of the governing body of the city or village local

 

governmental unit, the governing body shall approve or reject the

 

establishment of the business improvement zone and the zone plan as

 

adopted by the property owners under section 10d(3). If the

 

governing body rejects the establishment of the business

 

improvement zone and the zone plan, the clerk shall notify all

 

property owners within the zone of a reconvened meeting of the

 

property owners which shall be held not sooner than 10 days or

 

later than 21 days after the date of the rejection by the governing

 

body. The notice shall be sent by first-class mail to the property

 

owners not less than 7 days prior to the scheduled date of the

 

meeting and shall include the specific location and the scheduled

 

date and time of the meeting, as determined by the person

 

initiating the establishment of the business improvement zone under

 

section 10c(1). At the reconvened meeting, the property owners may

 

amend the zone plan if approved by a majority of the property

 

owners as provided in section 10d(3). The amended zone plan may be

 

resubmitted to the clerk of the city or village local governmental

 

unit without the requirement of a new petition under section 10c

 

for approval or rejection at a meeting of the governing body of the

 

city or village local governmental unit not later than 60 days

 

after the amended zone plan is resubmitted to the clerk. If a zone

 

plan is not rejected within 60 days of the date the amended zone

 

plan is resubmitted to the clerk, the amended zone plan is

 

considered approved by the governing body of the city or village

 

local governmental unit. If the amended zone plan is rejected by

 

the governing body, then the amended zone plan may not be

 

resubmitted without the delivery of a new petition under section

 

10c.

 

     (3) Approval of the business improvement zone and zone plan

 

shall serve as a determination by the city or village local

 

governmental unit that any assessment set forth in the zone plan,

 

including the basis for allocating the assessment, is appropriate,

 

subject only to the approval of the business improvement zone and

 

the zone plan by the property owners in accordance with section

 

10f.

 

     (4) If the governing body of the city or village local

 

governmental unit approves the business improvement zone and zone

 

plan or if the amended zone plan is considered approved under

 

subsection (2), the clerk of the city or village local governmental

 

unit shall set an election pursuant to section 10f not more than 60

 

days following the approval.

 

     (5) The clerk of the city or village local governmental unit

 

shall send to the property owners notice by first-class mail of the

 

election not less than 30 days before the election and publish the

 

notice at least twice in a newspaper of general circulation in the

 

city or village local governmental unit in which the zone area is

 

located. The first publication shall not be less than 10 days or

 

more than 30 days prior to the date scheduled for the election. The

 

second publication shall not be published less than 1 week after

 

the first publication.

 

     (6) The election described in this section and section 10f is

 

not an election subject to the Michigan election law, 1954 PA 116,

 

MCL 168.1 to 168.992.

 

     (7) The person who filed the petition under section 10c, the

 

proposed board members, and the property owners may, at the option

 

and under the direction of the clerk, assist the clerk of the city

 

or village local governmental unit in conducting the election to

 

keep the expenses of the election at a minimum.

 

     Sec. 10f. (1) All property owners as of the date of the

 

delivery of the petition as provided in section 10c are eligible to

 

participate in the election. The election shall be conducted by

 

mail. The question to be voted on by the property owners is the

 

adoption of the zone plan and the establishment of the business

 

improvement zone, including the identity of the initial board.

 

     (2) Votes of property owners shall be weighted in proportion

 

to the amount that the taxable value of their respective real

 

property for the preceding calendar year bears to the taxable value

 

of all assessable property in the zone area, but in no case shall

 

the total number of votes assigned to any 1 property owner be equal

 

to more than 25% of the total number of votes eligible to be cast

 

in the election.

 

     (3) A zone plan and the proposal for the establishment of a

 

business improvement zone, including the identity of the initial

 

board, shall be considered adopted upon the approval of more than

 

60% of the property owners voting in the election, with votes

 

weighted as provided in subsection (2).

 

     (4) Upon acceptance or rejection of a business improvement

 

zone and zone plan by the property owners, the resulting business

 

improvement zone or the person filing the petition under section

 

10c shall, at the request of the city or village local governmental

 

unit, reimburse the city or village local governmental unit for all

 

or a portion of the reasonable expenses incurred to comply with

 

this chapter. The governing body of the city or village local

 

governmental unit may forgive and choose not to collect all or a

 

portion of the reasonable expenses incurred to comply with this

 

chapter.

 

     (5) Adoption of a business improvement zone and zone plan

 

under this section authorizes the creation of the business

 

improvement zone and the implementation of the zone plan for the 7-

 

year period.

 

     (6) Adoption of a business improvement zone and zone plan

 

under this section and the creation of the business improvement

 

zone does not relieve the business improvement zone from following,

 

or does not waive any rights of the city or village local

 

governmental unit to enforce, any applicable laws, statutes, or

 

ordinances. A business improvement zone created under this chapter

 

shall comply with all applicable state and federal laws.

 

     (7) To the extent not protected by the immunity conferred by

 

1964 PA 170, MCL 691.1401 to 691.1415 691.1419, a city or village

 

local governmental unit that approves a business improvement zone

 

within its boundaries is immune from civil or administrative

 

liability arising from any actions of that business improvement

 

zone.

 

     Sec. 10g. (1) The day-to-day activities of the business

 

improvement zone and implementation of the zone plan shall be

 

managed by a board of directors.

 

     (2) The board shall consist of an odd number of directors and

 

shall not be smaller than 5 and not larger than 15 in number. The

 

board may include 1 director nominated by the chief executive of

 

the city or village local governmental unit and approved by the

 

governing body of the city or village local governmental unit.

 

     (3) The duties and responsibilities of the board shall be

 

prescribed in the zone plan and to the extent applicable shall

 

include all of the following duties and responsibilities:

 

     (a) Developing administrative procedures relating to the

 

implementation of the zone plan.

 

     (b) Recommending amendments to the zone plan.

 

     (c) Scheduling and conducting an annual meeting of the

 

property owners.

 

     (d) Developing a zone plan for the next 7-year period.

 

     (4) Members of the board shall serve without compensation.

 

However, members of the board may be reimbursed for their actual

 

and necessary expenses incurred in the performance of their

 

official duties as members of the board.

 

     Sec. 10h. (1) A business improvement zone may be funded in

 

whole or in part by 1 or more assessments on assessable property,

 

as provided in the zone plan. An assessment under this chapter

 

shall be in addition to any taxes or special assessments otherwise

 

imposed on assessable property.

 

     (2) An assessment shall be imposed against assessable property

 

only on the basis of the benefits to assessable property afforded

 

by the zone plan. There is a rebuttable presumption that a zone

 

plan and any project specially benefits all assessable property in

 

a zone area.

 

     (3) If a zone plan provides for an assessment, the treasurer

 

of the city or village local governmental unit in which the zone

 

area is located as an agent of the business improvement zone shall

 

collect the assessment imposed by the board under the zone plan on

 

all assessable property within the zone area in the amount

 

authorized by the zone plan.

 

     (4) Except as provided in subsection (7), assessments shall be

 

collected by the treasurer of the city or village local

 

governmental unit as an agent of the business improvement zone from

 

each property owner and remitted promptly to the business

 

improvement zone. Assessment revenue is the property of the

 

business improvement zone and not the city or village local

 

governmental unit in which the business improvement zone is

 

located. The business improvement zone may, at the option and under

 

the direction of the treasurer, assist the treasurer of the city or

 

village local governmental unit in collecting the assessment to

 

keep the expenses of collecting the assessment at a minimum.

 

     (5) The business improvement zone may institute a civil action

 

to collect any delinquent assessment and interest.

 

     (6) An assessment imposed under this act is not a special

 

assessment collected under the general property tax act, 1893 PA

 

206, MCL 211.1 to 211.157 211.155.

 

     (7) An assessment is delinquent if it has not been paid within

 

90 days after it was due as provided under the zone plan imposed

 

under this chapter. Delinquent assessments shall be collected by

 

the business improvement zone. Delinquent assessments shall accrue

 

interest at a rate of 1.5% per month until paid.

 

     (8) If any portion of the assessment has not been paid within

 

90 days after it was due, that portion of the unpaid assessment

 

shall constitute a lien on the property. The lien amount shall be

 

for the unpaid portion of the assessment and shall not include any

 

interest.

 

     Sec. 10i. (1) Expenses incurred in implementing any project or

 

service of a business improvement zone shall be financed in

 

accordance with the zone plan.

 

     (2) Assessment revenues under section 10h are the funds of the

 

business improvement zone and not funds of the state or of the city

 

or village local governmental unit in which the business

 

improvement zone is located. All money collected under section 10h

 

shall be deposited in a financial institution in the name of the

 

business improvement zone. Assessment revenues may be deposited in

 

an interest generating account. The business improvement zone shall

 

use the funds only to implement the zone plan.

 

     (3) All expenditures by a business improvement zone shall be

 

audited annually by a certified public accountant. The audit shall

 

be completed within 9 months of the close of the fiscal year of the

 

business improvement zone. Within 30 days after completion of an

 

audit, the certified public accountant shall transmit a copy of the

 

audit to the board and make copies of the audit available to the

 

property owners and the public.

 

     (4) If an annual audit required by this section contains

 

material exceptions and the material exceptions are not

 

substantially corrected within 90 days of the delivery of the

 

audit, the business improvement zone shall be dissolved in

 

accordance with the zone plan upon approval of the dissolution by

 

the governing body of the city or village local governmental unit

 

in which the business improvement zone is located.

 

     (5) The board shall publish an annual activity and financial

 

report. The report shall be available to the public. Each year,

 

every property owner shall be notified of the availability of the

 

annual activity and financial report.

 

     (6) As used in this section, "financial institution" means a

 

state or nationally chartered bank or a state or federally

 

chartered savings and loan association, savings bank, or credit

 

union whose deposits are insured by an agency of the United States

 

government and that maintains a principal office or branch office

 

located in this state under the laws of this state or of the United

 

States.

 

     Sec. 10j. A zone plan may be amended. Amendments shall be

 

effective if approved by a majority of the property owners voting

 

on the amendment at the annual meeting of property owners or a

 

special meeting called for that purpose, with the votes of the

 

property owners weighted in accordance with section 10f(2). A zone

 

plan amendment changing any assessment is effective only if also

 

approved by the governing body of the city or village local

 

governmental unit in which the business improvement zone is

 

located.

 

     Sec. 10k. (1) Prior to the expiration of any 7-year period,

 

the board shall notify the property owners of a special meeting by

 

first-class mail at least 14 days prior to the scheduled date of

 

the meeting to approve a new zone plan for the next 7-year period.

 

Notice under this section shall include the specific location,

 

scheduled date, and time of the meeting.

 

     (2) Approval of the new zone plan at the special meeting by

 

60% of the property owners of assessable property voting at that

 

meeting, with the vote of the property owners being weighted in

 

accordance with section 10f(2), constitutes reauthorization of the

 

business improvement zone for an additional 7-year period,

 

commencing as of the expiration of the 7-year period then in

 

effect. If the new zone plan reflects any new assessment, or

 

reflects an extension of any assessment beyond the period

 

previously approved by the city or village local governmental unit

 

in which the business improvement zone is located, the new or

 

extended assessment shall be effective only with the approval of

 

the governing body of the city or village local governmental unit.

 

     Sec. 10l. (1) Upon written petition duly signed by 20% of the

 

property owners of assessable property within a zone area, the

 

board shall place on the agenda of the next annual meeting, if the

 

next annual meeting is to be held not later than 60 days after

 

receipt of the written petition or a special meeting not to be held

 

later than 60 days after receipt of the written petition, the issue

 

of dissolution of the business improvement zone. Notice of the next

 

annual meeting or special meeting described in this subsection

 

shall be made to all property owners by first-class mail not less

 

than 14 days prior to the date of the annual or special meeting.

 

The notice shall include the specific location and the scheduled

 

date and time of the meeting.

 

     (2) The business improvement zone shall be dissolved upon a

 

vote of more than 50% of the property owners of assessable property

 

voting at the meeting. A dissolution shall not take effect until

 

all contractual liabilities of the business improvement zone have

 

been paid and discharged.

 

     (3) Upon dissolution of a business improvement zone, the board

 

shall dispose of the remaining physical assets of the business

 

improvement zone. The proceeds of any physical assets disposed of

 

by the business improvement zone and all money collected through

 

assessments that is not required to defray the expenses of the

 

business improvement zone shall be refunded on a pro rata basis to

 

persons from whom assessments were collected. If the board finds

 

that the refundable amount is so small as to make impracticable the

 

computation and refunding of the money, it may be transferred to

 

the treasurer of the city or village local governmental unit in

 

which the business improvement zone is located for deposit in the

 

treasury of the city or village local governmental unit to the

 

credit of the general fund.

 

     (4) Upon dissolution of a business improvement zone, any

 

remaining assets of the business improvement zone shall be

 

transferred to the treasurer of the city or village local

 

governmental unit in which the business improvement zone is located

 

for deposit in the treasury of the city or village local

 

governmental unit to the credit of the general fund.

 

     Sec. 10m. (1) The board shall conduct business at a public

 

meeting held in compliance with the open meetings act, 1976 PA 267,

 

MCL 15.261 to 15.275. Public notice of the time, date, and place of

 

the meeting shall be given in the manner required by the open

 

meetings act, 1976 PA 267, MCL 15.261 to 15.275.

 

     (2) A meeting of property owners under section 10c shall be

 

conducted at a public meeting held in compliance with the open

 

meetings act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of

 

the time, date, and place of the meeting shall be given in the

 

manner required by the open meetings act, 1976 PA 267, MCL 15.261

 

to 15.275.

 

     (3) A writing prepared, owned, used, in the possession of, or

 

retained by the business improvement zone in the performance of its

 

duties under this chapter is a public record under the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     (4) All meetings of the board or property owners described in

 

this act shall be conducted within the city or village local

 

governmental unit in which the business improvement zone is or is

 

to be located.