Bill Text: MI HB6356 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Economic development: other; public notice provisions in the principal shopping district and business improvement districts act; revise to make reference to the local government public notice act. Amends sec. 10e of 1961 PA 120 (MCL 125.990e). TIE BAR WITH: HB 6440'20
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-11-18 - Bill Electronically Reproduced 11/18/2020 [HB6356 Detail]
Download: Michigan-2019-HB6356-Introduced.html
HOUSE BILL NO. 6356
November 12, 2020, Introduced by Reps. Coleman
and Steven Johnson and referred to the Committee on Government Operations.
A bill to amend 1961 PA 120, entitled
"An act to authorize the development or redevelopment of principal shopping districts and business improvement districts; to permit the creation of certain boards; to provide for the operation of principal shopping districts and business improvement districts; to provide for the creation, operation, and dissolution of business improvement zones; and to authorize the collection of revenue and the bonding of certain local governmental units for the development or redevelopment projects,"
by amending section 10e (MCL 125.990e), as amended by 2020 PA 91.
the people of the state of michigan enact:
Sec. 10e. (1) If
a petition is delivered to the clerk of the city or village in accordance with
section 10c, the governing body of the city or village shall within 28 days
schedule a public hearing of the governing body to review the zone plan and any
proposed assessment and to receive public comment. The clerk shall notify all
owners of parcels within the zone area of the public hearing by first-class
mail.
(2) At the public hearing required under subsection (1), or
at the next regularly scheduled meeting of the governing body of the city or
village, the governing body shall approve or reject the establishment of the
business improvement zone and the zone plan attached to the petition under
section 10c. If the governing body rejects the establishment of the business
improvement zone and the zone plan, the clerk shall notify all property owners
within the proposed zone of a meeting of the property owners within the
proposed zone, which shall be held not sooner than 7 days or later than 21 days
after the date of the rejection by the governing body. The notice shall be sent
by first-class mail to the property owners not less than 7 days prior to the
scheduled date of the meeting and shall include the specific location and the
scheduled date and time of the meeting, as determined by the person initiating
the establishment of the business improvement zone under section 10c(1). Any
notice required as part of the assessment process shall include a statement
that a property owner of residential real property within a business
improvement zone may seek a homestead deferment for an assessment under this
act in the same manner as provided in section 4 of 1976 PA 225, MCL 211.764.
(3) At the meeting, the property owners may amend the zone
plan if approved by a majority of the property owners voting at the meeting.
The amended zone plan may be resubmitted to the clerk of the city or village
without the requirement of a new petition under section 10c for approval or
rejection at a meeting of the governing body of the city or village not later
than 28 days after the amended zone plan is resubmitted to the clerk. If a zone
plan is not rejected within 56 days of the date the amended zone plan is
resubmitted to the clerk, the amended zone plan is considered approved by the
governing body of the city or village. If the amended zone plan is rejected by
the governing body, then the amended zone plan may not be resubmitted without
the delivery of a new petition under section 10c.
(4) A governing body of a city or village shall consider the
establishment of a business improvement zone and a zone plan for the business
improvement zone under this section if all of the following apply:
(a) The zone plan complies with the requirements of section
10c.
(b) The zone plan for the business improvement zone provides
that the services to be provided by the business improvement zone and the
projects under the zone plan would be supplemental to the services, projects,
and functions of the city or village.
(c) The zone plan provides a basis for allocating assessments
that complies with this chapter.
(5) Approval of the business improvement zone and zone plan
shall serve as a determination by the city or village that any assessment set
forth in the zone plan, including the basis for allocating the assessment, is
appropriate, subject only to the approval of the business improvement zone and
the zone plan by the property owners in accordance with section 10f.
(6) If the governing body of the city or village approves the
business improvement zone and zone plan or if the amended zone plan is
considered approved under subsection (3), the clerk of the city or village
shall set an election pursuant to section 10f not more than 49 days following
the approval.
(7) The clerk of the city or village shall send to the
property owners notice by first-class mail of the election not less than 28
days before the election and, through December 31, 2021,
publish the notice at least once in a newspaper of general circulation in the
city or village in which the zone area is located not less than 7 days or more
than 21 days prior to the date scheduled for the election. Any notice required
as part of the assessment process shall include a statement that a property
owner of residential real property within a business improvement zone may seek
a homestead deferment for an assessment under this act in the same manner as
provided in section 4 of 1976 PA 225, MCL 211.764. Beginning
January 1, 2022, the clerk of the city or village shall post notice as provided
in the local government public notice act not less than 7 days or more than 21
days prior to the date scheduled for the election.
(8) The election described in this section and section 10f is
not an election subject to the Michigan election law, 1954 PA 116, MCL 168.1 to
168.992.
(9) The person who filed the petition under section 10c, the
proposed board members, and the property owners may, at the option and under
the direction of the clerk, assist the clerk of the city or village in
conducting the election to keep the expenses of the election at a minimum.
