HB-4012, As Passed Senate, April 21, 2005
January 27, 2005, Introduced by Reps. Meyer and Jones and referred to the Committee on Commerce.
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 2000 PA 248.
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 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. 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) 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. 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) Not less than 60 days after the public hearing, 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.
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 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 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
leving 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.