HOUSE BILL No. 6043


     May 9, 2002, Introduced by Rep. Meyer 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 develop-
   ment 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 cre-
   ation 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 authori-
   ties for certain losses of tax increment revenues; and to pre-
   scribe the powers and duties of certain state officials,"

   (MCL 125.1651 to 125.1681) by adding sections 3d and 3e.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             SEC. 3D.  AN ORDINANCE ENACTED BY A MUNICIPALITY THAT HAS A

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        POPULATION OF GREATER THAN 1,000 AND LESS THAN 2,000 ESTABLISHING

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        AN AUTHORITY, CREATING A DISTRICT, OR APPROVING A DEVELOPMENT

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        PLAN OR TAX INCREMENT FINANCING PLAN, OR AN AMENDMENT TO AN

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        AUTHORITY, DISTRICT, OR PLAN, AND ALL ACTIONS TAKEN OR TO BE


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        TAKEN UNDER THAT ORDINANCE, INCLUDING THE ISSUANCE OF BONDS, ARE

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        RATIFIED AND VALIDATED NOTWITHSTANDING THAT NOTICE FOR THE PUBLIC

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        HEARING ON THE ESTABLISHMENT OF THE AUTHORITY, CREATION OF THE

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        DISTRICT, OR APPROVAL OF THE DEVELOPMENT PLAN OR TAX INCREMENT

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        FINANCING PLAN, OR ON THE AMENDMENT, WAS NOT PUBLISHED, POSTED,

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        OR MAILED AT LEAST 20 DAYS BEFORE THE HEARING, PROVIDED THAT THE

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        NOTICE WAS EITHER PUBLISHED OR POSTED AT LEAST 10 DAYS BEFORE THE

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        HEARING OR THAT THE AUTHORITY WAS ESTABLISHED IN 1990 BY A MUNIC-

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        IPALITY THAT FILED THE ORDINANCE WITH THE SECRETARY OF STATE NOT

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        LATER THAN JULY 1991.  THIS SECTION APPLIES ONLY TO AN ORDINANCE

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        OR AN AMENDMENT ADOPTED BY A MUNICIPALITY BEFORE JANUARY 1, 1999

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        AND SHALL INCLUDE ANY BONDS OR AMOUNTS TO BE USED BY THE AUTHOR-

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        ITY TO PAY THE PRINCIPAL OF AND INTEREST ON BONDS THAT HAVE BEEN

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        ISSUED OR THAT ARE TO BE ISSUED BY THE AUTHORITY OR THE INCOR-

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        PORATING MUNICIPALITY.  AN AUTHORITY FOR WHICH AN ORDINANCE OR

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        AMENDMENT TO THE ORDINANCE ESTABLISHING THE AUTHORITY HAS BEEN

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        PUBLISHED BEFORE FEBRUARY 1, 1991 IS CONSIDERED FOR PURPOSES OF

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        SECTION 3(3) TO HAVE PROMPTLY FILED THE ORDINANCE OR AMENDMENT TO

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        THE ORDINANCE WITH THE SECRETARY OF STATE IF THE ORDINANCE OR

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        AMENDMENT TO THE ORDINANCE IS FILED WITH THE SECRETARY OF STATE

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        BEFORE DECEMBER 31, 2002.  AS USED IN THIS SECTION, "NOTICE WAS

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        EITHER PUBLISHED OR POSTED" MEANS EITHER PUBLICATION OR POSTING

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        OF THE NOTICE OCCURRED AT LEAST ONCE.

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             SEC. 3E.  THE VALIDITY OF THE PROCEEDINGS OR FINDINGS ESTAB-

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        LISHING AN AUTHORITY, OR OF THE PROCEDURE, ADEQUACY OF NOTICE, OR

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        FINDINGS WITH RESPECT TO THE APPROVAL OF A DEVELOPMENT PLAN OR

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        TAX INCREMENT FINANCING PLAN IS CONCLUSIVE WITH RESPECT TO THE



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        CAPTURE OF TAX INCREMENT REVENUES FOR A BOND ISSUED AFTER JUNE 1,

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        2002.




















































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