Bill Text: MI HB6053 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Economic development; enterprise zones; public notice; revise to make reference to the local government public notice act. Amends secs. 11 & 13 of 1985 PA 224 (MCL 125.2111 & 125.2113). TIE BAR WITH: HB 5560'14
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-12-03 - Printed Bill Filed 12/03/2014 [HB6053 Detail]
Download: Michigan-2013-HB6053-Introduced.html
HOUSE BILL No. 6053
December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.
A bill to amend 1985 PA 224, entitled
"Enterprise zone act,"
by amending sections 11 and 13 (MCL 125.2111 and 125.2113), as
amended by 1994 PA 311.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11. (1) Beginning in 1994, the governing body of the
local governmental unit shall hold a public hearing on the adoption
of
an ordinance establishing the proposed enterprise zone. Notice
Through December 31, 2014, notice of the public hearing shall be
published twice in a newspaper of general circulation in the local
governmental unit, not less than 20 or more than 40 days before the
date of the hearing. Beginning January 1, 2015, the governing body
of the local governmental unit 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. Notice
shall also be mailed to the property owners of record in the
proposed enterprise zone not less than 20 days before the hearing.
Failure to receive the notice does not invalidate the hearing. The
notice shall state the date, time, and place of the hearing, and
shall describe the boundaries of the proposed enterprise zone. A
citizen, taxpayer, or property owner of the local governmental unit
has the right to be heard in regard to the establishment of the
enterprise zone and the proposed boundaries.
(2) After the public hearing required by subsection (2), if
the governing body of the local governmental unit intends to
proceed with the establishment of the enterprise zone, it shall
adopt, by majority vote of its members elected and serving, an
ordinance establishing the enterprise zone. The ordinance shall
include the boundaries of the zone and a finding that the zone
meets the requirements of this act.
(3) For an enterprise zone established after 1993, the
boundaries of an enterprise zone established under this act shall
be the same as the boundaries of the empowerment zone, rural
enterprise community, or enterprise community.
Sec. 13. (1) Upon receipt of an application from a local
governmental unit, the authority shall review the application and,
by resolution, shall approve or reject the application based upon
criteria set forth in this act.
(2) If the authority rejects an application, the authority
shall return the application to the local governmental unit along
with the resolution of rejection that includes a statement of the
reason for rejection. A local governmental unit may resubmit a
rejected application.
(3) If the authority approves the application, the local
governmental unit has 2 years from date of approval to prepare a
comprehensive development plan for the enterprise zone. The
comprehensive development plan shall address the needs of the zone
and include a strategy for achieving the goals of the zone. The
comprehensive development plan shall contain all of the following:
(a) A legal description of the enterprise zone, a description
of the location and extent of existing streets and other public
facilities within the zone, and a description of the location,
character, and extent of the categories of public and private land
uses existing and proposed for the enterprise zone, including
residential, recreational, commercial, industrial, educational, and
other uses.
(b) A description of desired zoning changes and changes in
streets, street levels, intersections, and utilities to be made in
the enterprise zone.
(c) A description of public improvements to be made in the
enterprise zone, a description of any repairs and alterations
necessary to make those improvements, and an estimate of the time
by construction stage required for completion of the improvements.
(d) An estimate of the cost of the proposed physical
improvements, a statement of the proposed method of financing, and
the ability of the local governmental unit to arrange the
financing.
(e) A description of any parts of the enterprise zone to be
left as open space and the use contemplated for the space.
(f) An environmental evaluation of each proposed enterprise
zone.
(g) A description of any real property in the enterprise zone
that the local governmental unit desires to sell, donate, exchange,
or lease to or from another entity and the proposed terms.
(h) Estimates of the number of persons residing in the
enterprise zone and the number of families and individuals to be
displaced, if any, as a result of improvements.
(i) Provision for the costs of relocating persons displaced by
the zone improvements, and financial assistance and reimbursement
of expenses, including litigation expenses and expenses incident to
the transfer of title, in accordance with the standards and
provisions of the uniform relocation assistance and real property
acquisition policies act of 1970, Public Law 91-646, 84 Stat. 1894,
as
well as a plan for compliance with Act No. 227 of the Public
Acts
of 1972, being sections 213.321 to 213.332 of the Michigan
Compiled
Laws.1972 PA 227, MCL 213.321
to 213.332.
(j) A strategy for addressing the pre-employment training
needs and employment of residents in the zone.
(k) Other material that the local governmental unit or
authority considers pertinent.
(4) The governing body of the local governmental unit, before
adoption of a resolution approving a comprehensive development
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 local governmental unit, the
first of which shall not be less than 20 days before the date set
for the hearing. Beginning January 1, 2015, the governing body of
the local governmental unit shall provide tier A public notice as
provided in the local government public notice act not less than 20
days before the date set for the hearing. Notice shall also be
mailed to all property owners of record in the development area not
less than 20 days before the hearing.
(5) After a public hearing on the comprehensive development
plan, the governing body of the local governmental unit shall
approve or reject the plan, or approve it with modification, by
resolution. The local governmental unit shall then send the
comprehensive development plan to the authority with a request for
its approval.
(6) After receipt of the comprehensive development plan, the
authority shall approve or reject the plan. However, the authority
shall reject the plan if it includes a project for which the
expenditure of the local unit's funds has been prohibited by
initiative ordinance. The authority shall reject the plan if it
includes any funding for the construction of or infrastructure
related to a sports facility seating 30,000 or more in maximum
capacity which can be sold, leased, rented, donated, or otherwise
provided to an organization with a direct financial interest in a
professional sports team. If the authority rejects the plan, the
authority shall return it to the governing body of the local
governmental unit with a written explanation of its rejection. A
rejected plan may be resubmitted. If the authority approves the
plan, the authority shall send a formal notification of its
approval to the governing body of the local governmental unit.
(7) Upon plan approval by the authority, the local
governmental unit may spend zone-related tax revenue on physical
improvements within the zone.
(8) The authority may revoke the approval of an enterprise
zone if the local governmental unit fails to comply with this act.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ___ or House Bill No. 5560 (request no.
03796'13) of the 97th Legislature is enacted into law.
