HB-4013, As Passed House, February 24, 2005
January 27, 2005, Introduced by Reps. Meyer and Jones and referred to the Committee on Commerce.
A bill to amend 1980 PA 450, entitled
"The tax increment finance authority act,"
by amending sections 3 and 17 (MCL 125.1803 and 125.1817), section
3 as amended by 1983 PA 148.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) If the governing body of a municipality determines
that it is in the best interests of the public to halt a decline in
property values, increase property tax valuation, eliminate the
causes of the decline in property values, and to promote growth in
an area in the municipality, the governing body of that
municipality may declare by resolution 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 resolution creating the authority and designating the
boundaries of the authority district. 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. Notice shall also be mailed to the property
taxpayers of record in the proposed authority 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 authority district is located. Failure 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. At that hearing, a
citizen, taxpayer, or property owner of the municipality has the
right to be heard in regard to the establishment of the authority
and the boundaries of the proposed authority district. The
governing body of the municipality shall not incorporate land into
the authority district not included in the description contained in
the notice of public hearing, but it may eliminate described lands
from the authority district in the final determination of the
boundaries.
(3) After the public hearing, if the governing body intends to
proceed with the establishment of the authority, it shall adopt, by
majority vote of its members, a resolution establishing the
authority and designating the boundaries of the authority district
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 by the chief
executive or other 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.
(4) The governing body may alter or amend the boundaries of
the authority district to include or exclude lands from the
authority district in accordance with the same requirements
prescribed for adopting the resolution creating the authority.
(5) 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 as adopted.
(b) Filing of the resolution with the secretary of state.
(c)
The effective date of this subsection.
Sec. 17. (1) The governing body, before adoption of a
resolution 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 not be less than 20 days before the date set for the
hearing. Notice shall also be mailed to all property taxpayers of
record in the development area 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 the following:
(a) A description of the proposed development area 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
thereto. 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.