HOUSE BILL No. 6058

December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.

A bill to amend 2005 PA 280, entitled

"Corridor improvement authority act,"

by amending sections 6 and 22 (MCL 125.2876 and 125.2892), section

6 as amended by 2012 PA 229 and section 22 as amended by 2008 PA

44.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 6. (1) If the governing body of a municipality determines

that it is necessary for the best interests of the public to

redevelop its commercial corridors and to promote economic growth,

the governing body may, by resolution, do 1 of the following:

(a) Declare its intention to create and provide for the

operation of an authority.

(b) Declare its intention to jointly create and provide for

the operation of a joint authority created under section 4(2).

(2) In the resolution of intent, the governing body shall

state that the proposed development area meets the criteria in

section 5, set a date for a public hearing on the adoption of a

proposed resolution creating the authority, and designate 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, 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, and to

the state tax commission. 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, a resolution establishing the authority and

designating the boundaries of the development area within which the

authority shall exercise its powers. The adoption of the resolution

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 a resolution

over his or her veto. This resolution 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

adopted resolution.

(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

resolution creating the authority.

(5) 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. The interlocal

agreement shall include, but is not limited to, a plan to

coordinate and expedite local inspections and permit approvals, a

plan to address contradictory zoning requirements, and a date

certain to implement all provisions of these plans. If a

municipality enters into an interlocal agreement under this

subsection, the municipality shall provide a copy of that

interlocal agreement to the state tax commission within 60 days of

entering into the interlocal agreement.

Sec. 22. (1) The governing body, before adoption of a

resolution 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 with a link 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. 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

tax increment financing plan is approved.

(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.

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