December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.
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 section 10e (MCL 125.990e), as amended by 2013 PA 126.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10e. (1) If a petition is delivered to the clerk of the
city or village in accordance with section 10c, the governing body
of the city or village shall within 28 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 required under subsection (1), or at
the next regularly scheduled meeting of the governing body of the
city or village, the governing body shall approve or reject the
establishment of the business improvement zone and the zone plan
attached to the petition under section 10c. 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
proposed zone of a meeting of the property owners within the
proposed zone, which shall be held not sooner than 7 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).
10c. At the meeting, the property owners may amend the
zone
plan if approved by a majority of the property owners voting at the
meeting. The votes of the property owners at the meeting shall be
weighted in the manner indicated in section 10f(2). The amended
zone plan may be resubmitted to the clerk of the city or village
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 not later than 28 days after the amended zone plan
is resubmitted to the clerk. If a zone plan is not rejected within
56 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. 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) A governing body of a city or village shall consider the
establishment of a business improvement zone and a zone plan for
the business improvement zone under subsection (2) if all of the
following apply:
(a) The zone plan complies with the requirements of section
10c.
(b) The zone plan for the business improvement zone provides
that the services to be provided by the business improvement zone
and the projects under the zone plan would be supplemental to the
services, projects, and functions of the city or village.
(c) The zone plan provides a basis for allocating assessments
that complies with this chapter.
(4) Approval of the business improvement zone and zone plan
shall serve as a determination by the city or village 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.
(5) If the governing body of the city or village 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 shall set an election pursuant to section 10f not more
than 49 days following the approval.
(6) The clerk of the city or village shall send to the
property owners notice by first-class mail of the election not less
than 28 days before the election and, through December 31, 2014,
publish the notice at least once in a newspaper of general
circulation in the city or village in which the zone area is
located not less than 7 days or more than 21 days prior to the date
scheduled for the election. Beginning January 1, 2015, the clerk of
the city or village shall provide tier A public notice as provided
in the local government public notice act not less than 7 days or
more than 21 days prior to the date scheduled for the election.
(7) 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.
(8) 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 in conducting the election to keep the expenses of the
election at a minimum.
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.