September 24, 2008, Introduced by Rep. Byrnes and referred to the Committee on New Economy and Quality of Life.
A bill to amend 1986 PA 281, entitled
"The local development financing act,"
by amending sections 3 and 4 (MCL 125.2153 and 125.2154), section 3
as amended by 2000 PA 248 and section 4 as amended by 2005 PA 15.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) Except as otherwise provided by subsection (2), a
municipality may establish not more than 1 authority under the
provisions of this act. An authority established under this
subsection shall exercise its powers in all authority districts.
(2) In addition to an authority established under subsection
(1), a municipality may join with 1 or more other municipality
located within the same county to establish an authority under this
act. An authority created under this subsection may only exercise
its powers in a certified technology park designated in an
agreement made under section 12a. A municipality shall not
establish more than 1 authority under this subsection.
(3) An aerotropolis development corporation may establish not
more than 1 authority under the provisions of this act. An
authority established under this subsection shall exercise its
powers within its authority district and in all aerotropolis
development areas. The authority district in which the authority
may exercise its powers shall include all or part of the territory
of an aerotropolis development corporation, as determined by the
governing body of the aerotropolis development corporation.
(4) (3)
The authority shall be a public
body corporate which
may sue and be sued in any court of this state. The authority
possesses all the powers necessary to carry out the purpose of its
incorporation. The enumeration of a power in this act shall not be
construed as a limitation upon the general powers of the authority.
The powers granted in this act to an authority may be exercised
notwithstanding that bonds are not issued by the authority.
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 Except as otherwise
provided in subsection (8), 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 Except as otherwise
provided in subsection (8), 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.
(8) For an authority created under section 3(3), except as
otherwise provided by this subsection, the aerotropolis development
corporation shall comply with the procedures prescribed for a
municipality by subsections (1) and (2) and this subsection. The
provisions of subsections (3) and (4) shall not apply to an
authority exercising its powers under section 3(3). The notice
required by subsection (2) may be published by the aerotropolis
development corporation in a newspaper or newspapers of general
circulation within the municipalities which are constituent members
of the aerotropolis development corporation, and notice shall not
be required to be mailed to the property taxpayers of record in the
proposed authority district. The governing body of the aerotropolis
development corporation shall be the governing body of the
authority. A taxing jurisdiction with millage that would otherwise
be subject to capture which is not a party to the intergovernmental
agreement may exempt its taxes from capture by adopting a
resolution to that effect and filing a copy not more than 60 days
after the public hearing with the recording officer of the
aerotropolis development corporation. The aerotropolis development
corporation shall mail notice of the public hearing to the
governing body of each taxing jurisdiction which is not a party to
the intergovernmental agreement not less than 20 days before the
hearing. Following the public hearing, the governing body of the
aerotropolis development corporation shall adopt a resolution
designating the boundaries of the authority district within which
the authority shall exercise its powers, which may include any
certified technology park within the proposed authority district
and may include property adjacent to or within 500 feet of a road
classified as an arterial or collector according to the federal
highway administration manual "Highway Functional Classification -
Concepts, Criteria and Procedures" or of another road in the
discretion of the aerotropolis development corporation, and
property adjacent to that property within the territory of the
aerotropolis development corporation, as provided in the
resolution. The resolution shall be effective when adopted, 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 territory of the aerotropolis development
corporation. If an authority district designated under this
subsection includes a certified technology park which is within the
authority district of another authority and which is subject to an
existing development plan or tax increment financing plan, then
that certified technology park, as of the effective date of the
resolution establishing the authority under section 3(3), shall be
considered to be under the jurisdiction of the authority
established under section 3(3) if so provided in the resolution,
and the development plan and tax increment financing plan
applicable to the certified technology park, including all assets
and obligations under the plans, shall be considered assigned and
transferred from the other authority to the authority created under
section 3(3), and the initial assessed value of the certified
technology park prior to the transfer shall remain the initial
assessed value of the certified technology park following the
transfer.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 94th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 6502(request no.
07377'08 **).
(b) Senate Bill No.____ or House Bill No. 6504(request no.
07806'08 **).
(c) Senate Bill No.____ or House Bill No. 6505(request no.
07807'08 **).
(d) Senate Bill No.____ or House Bill No. 6506(request no.
08280'08 *).
(e) Senate Bill No.____ or House Bill No. 6507(request no.
08281'08 *).
(f) Senate Bill No.____ or House Bill No. 6508(request no.
08282'08 *).
(g) Senate Bill No.____ or House Bill No. 6509(request no.
08283'08 *).
(h) Senate Bill No.____ or House Bill No. 6510(request no.
08284'08 *).
(i) Senate Bill No.____ or House Bill No. 6511(request no.
08285'08 *).