February 15, 2005, Introduced by Reps. Meyer, Ball and Gosselin and referred to the Committee on Commerce.
A bill to amend 1975 PA 197, entitled
"An act to provide for the establishment of a downtown development
authority; to prescribe its powers and duties; to correct and
prevent deterioration in business districts; to encourage historic
preservation; to authorize the acquisition and disposal of
interests in real and personal property; to authorize the creation
and implementation of development plans in the districts; to
promote the economic growth of the districts; to create a board; to
prescribe its powers and duties; to authorize the levy and
collection of taxes; to authorize the issuance of bonds and other
evidences of indebtedness; to authorize the use of tax increment
financing; to reimburse downtown development authorities for
certain losses of tax increment revenues; and to prescribe the
powers and duties of certain state officials,"
by amending sections 3 and 18 (MCL 125.1653 and 125.1668), section
3 as amended by 2004 PA 521.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) When the governing body of a municipality
determines that it is necessary for the best interests of the
public to halt property value deterioration and increase property
tax valuation where possible in its business district, to eliminate
the causes of that deterioration, and to promote economic growth,
or to permit the development of a new commercial property with a
total cash value after development of not less than
$100,000,000.00, which includes more than 2 detached buildings
containing together not less than 500,000 square feet, the
governing body may, by resolution, declare its intention to create
and provide for the operation of an authority.
(2) In the resolution of intent, the governing body shall set
a date for the holding of a public hearing on the adoption of a
proposed ordinance creating the authority and designating the
boundaries of the downtown district. Notice of the public hearing
shall be published twice in a newspaper of general circulation in
the municipality, not less than 20 or 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 the
proposed 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 treasurer, clerk, and chairperson of the board of commissioners
of the county in which the business district is located. Failure of
a property taxpayer to receive the notice shall not invalidate
these proceedings. Notice of the hearing shall be posted in at
least 20 conspicuous and public places in the proposed downtown
district not less than 20 days before the hearing. The notice shall
state the date, time, and place of the hearing, and shall describe
the boundaries of the proposed downtown district. A citizen,
taxpayer, or property owner of the municipality 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 the proposed downtown district. The
governing body of the municipality shall not incorporate land into
the downtown district not included in the description contained in
the notice of public hearing, but it may eliminate described lands
from the downtown 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
levying ad valorem property taxes 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. 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 of the municipality intends to proceed with the
establishment of the authority, it shall adopt, by majority vote of
its members, an ordinance establishing the authority and
designating the boundaries of the downtown district within which
the authority shall exercise its powers. The adoption of the
ordinance is subject to any applicable statutory or charter
provisions in respect to the approval or disapproval by the chief
executive or other officer of the municipality and the adoption of
an ordinance over his or her veto. This ordinance 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 of the municipality may alter or amend
the boundaries of the downtown district to include or exclude lands
from the downtown district pursuant to the same requirements for
adopting the ordinance creating the authority.
(6) A municipality that has created an authority may enter
into an agreement with an adjoining municipality that has created
an authority to jointly operate and administer those authorities
under an interlocal agreement under the urban cooperation act of
1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512.
Sec. 18. (1) The governing body, before adoption of an
ordinance approving or amending a development plan or approving or
amending a tax increment financing plan, 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 be not less than 20 days before the date set for the
hearing. Notice of the hearing shall be posted in at least 20
conspicuous and public places in the downtown district not less
than 20 days before the hearing. Notice shall also be mailed to all
property taxpayers of record in the downtown district not less than
20 days before 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 treasurer, clerk, and chairperson
of the board of commissioners of the county in which the proposed
development area is located.
(2) Notice of the time and place of hearing on a development
plan shall contain: a description of the proposed development area
in relation to highways, streets, streams, or otherwise; 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; and other information that the governing body
deems
considers appropriate. 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 thereto to
the development plan. 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 thereat.