December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.
A bill to amend 2004 PA 530, entitled
"Historical neighborhood tax increment finance authority act,"
by amending sections 5 and 21 (MCL 125.2845 and 125.2861).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) If 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 a residential district, to eliminate the causes
of that deterioration, to promote residential growth and to promote
economic growth, the governing body may, by resolution, declare its
intention to create and provide for the operation of an authority
within the boundaries of a historic district.
(2) In the resolution of intent, the governing body shall set
a date for a public hearing on the adoption of a proposed ordinance
creating the authority and designating the boundaries of the
development
area. Notice Through
December 31, 2014, 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. Beginning January 1, 2015, the
governing body shall provide tier A public notice as provided in
the local government public notice act 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 development area and 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 does not invalidate these
proceedings.
Notice Through December
31, 2014, notice of the
hearing shall be posted in at least 20 conspicuous and public
places in the proposed development area 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 development area. 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 development area. The governing body of the
municipality shall not incorporate land into the development area
not included in the description contained in the notice of public
hearing, but it may eliminate described lands from the development
area in the final determination of the boundaries.
(3) 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 development area 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, through
December 31, 2014, shall be published at least once in a newspaper
of general circulation in the municipality. Beginning January 1,
2015, the governing body shall provide tier B public notice with a
link as provided in the local government public notice act of the
adoption of the ordinance.
(4) The governing body of the municipality may alter or amend
the boundaries of the development area to include or exclude lands
from the development area in the same manner as adopting the
ordinance creating the authority.
Sec. 21. (1) The governing body, before adoption of an
ordinance approving a development plan or tax increment financing
plan,
shall hold a public hearing on the development plan. Notice
Through December 31, 2014, 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 Beginning January
1, 2015, the governing body shall
provide tier A public notice as provided in the local government
public notice act of the time and place of the hearing not less
than 20 days before the date set for the hearing. Through December
31, 2014, notice of the hearing shall be posted in at least 20
conspicuous and public places in the development area not less than
20 days before the hearing. Notice shall also be mailed to all
property taxpayers of record in the development area and to the
governing body of each taxing jurisdiction levying taxes that would
be subject to capture if the tax increment financing plan is
approved not less than 20 days before the hearing.
(2) Notice of the time and place of hearing on a development
plan shall contain all of 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.
(c) A statement that all aspects of the development plan will
be open for discussion at the public hearing.
(d) Other information that the governing body considers
appropriate.
(3) At the time set for the hearing, the governing body shall
provide an opportunity for interested persons to speak and shall
receive and consider communications in writing. The hearing shall
provide the fullest opportunity for expression of opinion, for
argument on the merits, and for consideration 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 the hearing.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 5560 of the 97th Legislature is enacted into
law.