SENATE BILL No. 970

 

 

December 6, 2007, Introduced by Senators ALLEN, SANBORN, KUIPERS, GILBERT, RICHARDVILLE, BIRKHOLZ, HUNTER, STAMAS, BROWN, HARDIMAN, KAHN, GEORGE, CLARKE, CLARK-COLEMAN, PAPPAGEORGE, JACOBS, VAN WOERKOM, BARCIA, ANDERSON, SCOTT and THOMAS and referred to the Committee on Commerce and Tourism.

 

 

 

     A bill to amend 1975 PA 197, entitled

 

"An act to provide for the establishment of a downtown development

authority; to prescribe its powers and duties; to correct and

prevent deterioration in business districts; to encourage historic

preservation; to authorize the acquisition and disposal of

interests in real and personal property; to authorize the creation

and implementation of development plans in the districts; to

promote the economic growth of the districts; to create a board; to

prescribe its powers and duties; to authorize the levy and

collection of taxes; to authorize the issuance of bonds and other

evidences of indebtedness; to authorize the use of tax increment

financing; to reimburse downtown development authorities for

certain losses of tax increment revenues; and to prescribe the

powers and duties of certain state officials,"

 

by amending sections 1 and 7 (MCL 125.1651 and 125.1657), section 1

 

as amended by 2006 PA 659 and section 7 as amended by 2005 PA 115.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. As used in this act:

 

     (a) "Advance" means a transfer of funds made by a municipality

 

to an authority or to another person on behalf of the authority in


 

anticipation of repayment by the authority. Evidence of the intent

 

to repay an advance may include, but is not limited to, an executed

 

agreement to repay, provisions contained in a tax increment

 

financing plan approved prior to the advance, or a resolution of

 

the authority or the municipality.

 

     (b) "Assessed value" means 1 of the following:

 

     (i) For valuations made before January 1, 1995, the state

 

equalized valuation as determined under the general property tax

 

act, 1893 PA 206, MCL 211.1 to 211.157 211.155.

 

     (ii) For valuations made after December 31, 1994, the taxable

 

value as determined under section 27a of the general property tax

 

act, 1893 PA 206, MCL 211.27a.

 

     (c) "Authority" means a downtown development authority created

 

pursuant to this act.

 

     (d) "Board" means the governing body of an authority.

 

     (e) "Business district" means an area in the downtown of a

 

municipality zoned and used principally for business.

 

     (f) "Captured assessed value" means the amount in any 1 year

 

by which the current assessed value of the project area, including

 

the assessed value of property for which specific local taxes are

 

paid in lieu of property taxes as determined in subdivision (z),

 

exceeds the initial assessed value. The state tax commission shall

 

prescribe the method for calculating captured assessed value.

 

     (g) "Chief executive officer" means the mayor or city manager

 

of a city, the president or village manager of a village, or the

 

supervisor of a township or, if designated by the township board

 

for purposes of this act, the township superintendent or township


 

manager of a township.

 

     (h) "Development area" means that area to which a development

 

plan is applicable.

 

     (i) "Development plan" means that information and those

 

requirements for a development plan set forth in section 17.

 

     (j) "Development program" means the implementation of the

 

development plan.

 

     (k) "Downtown district" means that part of an area in a

 

business district that is specifically designated by ordinance of

 

the governing body of the municipality pursuant to this act. A

 

downtown district may include 1 or more separate and distinct

 

geographic areas in a business district as determined by the

 

municipality if the municipality enters into an agreement with a

 

qualified township under section 3(7) or if the municipality is a

 

city that surrounds another city and that other city lies between

 

the 2 separate and distinct geographic areas. If the downtown

 

district contains more than 1 separate and distinct geographic area

 

in the downtown district, the separate and distinct geographic

 

areas shall be considered 1 downtown district.

 

     (l) "Eligible advance" means an advance made before August 19,

 

1993.

 

     (m) "Eligible obligation" means an obligation issued or

 

incurred by an authority or by a municipality on behalf of an

 

authority before August 19, 1993 and its subsequent refunding by a

 

qualified refunding obligation. Eligible obligation includes an

 

authority's written agreement entered into before August 19, 1993

 

to pay an obligation issued after August 18, 1993 and before


 

December 31, 1996 by another entity on behalf of the authority.

 

     (n) "Fire alarm system" means a system designed to detect and

 

annunciate the presence of fire, or by-products of fire. Fire alarm

 

system includes smoke detectors.

 

     (o) "Fiscal year" means the fiscal year of the authority.

 

     (p) "Governing body of a municipality" means the elected body

 

of a municipality having legislative powers.

 

     (q) "Initial assessed value" means the assessed value, as

 

equalized, of all the taxable property within the boundaries of the

 

development area at the time the ordinance establishing the tax

 

increment financing plan is approved, as shown by the most recent

 

assessment roll of the municipality for which equalization has been

 

completed at the time the resolution is adopted. Property exempt

 

from taxation at the time of the determination of the initial

 

assessed value shall be included as zero. For the purpose of

 

determining initial assessed value, property for which a specific

 

local tax is paid in lieu of a property tax shall not be considered

 

to be property that is exempt from taxation. The initial assessed

 

value of property for which a specific local tax was paid in lieu

 

of a property tax shall be determined as provided in subdivision

 

(z). In the case of a municipality having a population of less than

 

35,000 that established an authority prior to 1985, created a

 

district or districts, and approved a development plan or tax

 

increment financing plan or amendments to a plan, and which plan or

 

tax increment financing plan or amendments to a plan, and which

 

plan expired by its terms December 31, 1991, the initial assessed

 

value for the purpose of any plan or plan amendment adopted as an


 

extension of the expired plan shall be determined as if the plan

 

had not expired December 31, 1991. For a development area

 

designated before 1997 in which a renaissance zone has subsequently

 

been designated pursuant to the Michigan renaissance zone act, 1996

 

PA 376, MCL 125.2681 to 125.2696, the initial assessed value of the

 

development area otherwise determined under this subdivision shall

 

be reduced by the amount by which the current assessed value of the

 

development area was reduced in 1997 due to the exemption of

 

property under section 7ff of the general property tax act, 1893 PA

 

206, MCL 211.7ff, but in no case shall the initial assessed value

 

be less than zero.

 

     (r) "Municipality" means a city, village, or township.

 

     (s) "Obligation" means a written promise to pay, whether

 

evidenced by a contract, agreement, lease, sublease, bond, or note,

 

or a requirement to pay imposed by law. An obligation does not

 

include a payment required solely because of default upon an

 

obligation, employee salaries, or consideration paid for the use of

 

municipal offices. An obligation does not include those bonds that

 

have been economically defeased by refunding bonds issued under

 

this act. Obligation includes, but is not limited to, the

 

following:

 

     (i) A requirement to pay proceeds derived from ad valorem

 

property taxes or taxes levied in lieu of ad valorem property

 

taxes.

 

     (ii) A management contract or a contract for professional

 

services.

 

     (iii) A payment required on a contract, agreement, bond, or note


 

if the requirement to make or assume the payment arose before

 

August 19, 1993.

 

     (iv) A requirement to pay or reimburse a person for the cost of

 

insurance for, or to maintain, property subject to a lease, land

 

contract, purchase agreement, or other agreement.

 

     (v) A letter of credit, paying agent, transfer agent, bond

 

registrar, or trustee fee associated with a contract, agreement,

 

bond, or note.

 

     (t) "On behalf of an authority", in relation to an eligible

 

advance made by a municipality, or an eligible obligation or other

 

protected obligation issued or incurred by a municipality, means in

 

anticipation that an authority would transfer tax increment

 

revenues or reimburse the municipality from tax increment revenues

 

in an amount sufficient to fully make payment required by the

 

eligible advance made by the municipality, or eligible obligation

 

or other protected obligation issued or incurred by the

 

municipality, if the anticipation of the transfer or receipt of tax

 

increment revenues from the authority is pursuant to or evidenced

 

by 1 or more of the following:

 

     (i) A reimbursement agreement between the municipality and an

 

authority it established.

 

     (ii) A requirement imposed by law that the authority transfer

 

tax increment revenues to the municipality.

 

     (iii) A resolution of the authority agreeing to make payments to

 

the incorporating unit.

 

     (iv) Provisions in a tax increment financing plan describing

 

the project for which the obligation was incurred.


 

     (u) "Operations" means office maintenance, including salaries

 

and expenses of employees, office supplies, consultation fees,

 

design costs, and other expenses incurred in the daily management

 

of the authority and planning of its activities.

 

     (v) "Other protected obligation" means:

 

     (i) A qualified refunding obligation issued to refund an

 

obligation described in subparagraph (ii), (iii), or (iv), an

 

obligation that is not a qualified refunding obligation that is

 

issued to refund an eligible obligation, or a qualified refunding

 

obligation issued to refund an obligation described in this

 

subparagraph.

 

     (ii) An obligation issued or incurred by an authority or by a

 

municipality on behalf of an authority after August 19, 1993, but

 

before December 31, 1994, to finance a project described in a tax

 

increment finance plan approved by the municipality in accordance

 

with this act before December 31, 1993, for which a contract for

 

final design is entered into by or on behalf of the municipality or

 

authority before March 1, 1994 or for which a written agreement

 

with a developer, titled preferred development agreement, was

 

entered into by or on behalf of the municipality or authority in

 

July 1993.

 

     (iii) An obligation incurred by an authority or municipality

 

after August 19, 1993, to reimburse a party to a development

 

agreement entered into by a municipality or authority before August

 

19, 1993, for a project described in a tax increment financing plan

 

approved in accordance with this act before August 19, 1993, and

 

undertaken and installed by that party in accordance with the


 

development agreement.

 

     (iv) An obligation incurred by the authority evidenced by or to

 

finance a contract to purchase real property within a development

 

area or a contract to develop that property within the development

 

area, or both, if all of the following requirements are met:

 

     (A) The authority purchased the real property in 1993.

 

     (B) Before June 30, 1995, the authority enters a contract for

 

the development of the real property located within the development

 

area.

 

     (C) In 1993, the authority or municipality on behalf of the

 

authority received approval for a grant from both of the following:

 

     (I) The department of natural resources for site reclamation

 

of the real property.

 

     (II) The department of consumer and industry services for

 

development of the real property.

 

     (v) An ongoing management or professional services contract

 

with the governing body of a county which was entered into before

 

March 1, 1994 and which was preceded by a series of limited term

 

management or professional services contracts with the governing

 

body of the county, the last of which was entered into before

 

August 19, 1993.

 

     (vi) A loan from a municipality to an authority if the loan was

 

approved by the legislative body of the municipality on April 18,

 

1994.

 

     (vii) Funds expended to match a grant received by a

 

municipality on behalf of an authority for sidewalk improvements

 

from the Michigan department of transportation if the legislative


 

body of the municipality approved the grant application on April 5,

 

1993 and the grant was received by the municipality in June 1993.

 

     (viii) For taxes captured in 1994, an obligation described in

 

this subparagraph issued or incurred to finance a project. An

 

obligation is considered issued or incurred to finance a project

 

described in this subparagraph only if all of the following are

 

met:

 

     (A) The obligation requires raising capital for the project or

 

paying for the project, whether or not a borrowing is involved.

 

     (B) The obligation was part of a development plan and the tax

 

increment financing plan was approved by a municipality on May 6,

 

1991.

 

     (C) The obligation is in the form of a written memorandum of

 

understanding between a municipality and a public utility dated

 

October 27, 1994.

 

     (D) The authority or municipality captured school taxes during

 

1994.

 

     (ix) An obligation incurred by an authority on October 1, 2001

 

that was used to finance streetscape capital projects, to the

 

extent taxes described in subdivision (bb)(ii) were captured in 2002

 

through 2004, if a plan for the subsequent repayment of those taxes

 

has been approved by the state tax commission and that plan

 

provides for the payment of interest on those taxes at a rate

 

described in section 23(2) of 1941 PA 122, MCL 205.23.

 

     (w) "Public facility" means a street, plaza, pedestrian mall,

 

and any improvements to a street, plaza, or pedestrian mall

 

including street furniture and beautification, park, parking


 

facility, recreational facility, right-of-way, structure, waterway,

 

bridge, lake, pond, canal, utility line or pipe, building, and

 

access routes to any of the foregoing, designed and dedicated to

 

use by the public generally, or used by a public agency. Public

 

facility includes an improvement to a facility used by the public

 

or a public facility as those terms are defined in section 1 of

 

1966 PA 1, MCL 125.1351, which improvement is made to comply with

 

the barrier free design requirements of the state construction code

 

promulgated under the Stille-DeRossett-Hale single state

 

construction code act, 1972 PA 230, MCL 125.1501 to 125.1531.

 

Public facility also includes the acquisition, construction,

 

improvement, and operation of a building owned or leased by the

 

authority to be used as a retail business incubator.

 

     (x) "Qualified refunding obligation" means an obligation

 

issued or incurred by an authority or by a municipality on behalf

 

of an authority to refund an obligation if the obligation is issued

 

to refund a qualified refunding obligation issued in November 1997

 

and any subsequent refundings of that obligation issued before

 

January 1, 2010 or the refunding obligation meets both of the

 

following:

 

     (i) The net present value of the principal and interest to be

 

paid on the refunding obligation, including the cost of issuance,

 

will be less than the net present value of the principal and

 

interest to be paid on the obligation being refunded, as calculated

 

using a method approved by the department of treasury.

 

     (ii) The net present value of the sum of the tax increment

 

revenues described in subdivision (bb)(ii) and the distributions


 

under section 13b to repay the refunding obligation will not be

 

greater than the net present value of the sum of the tax increment

 

revenues described in subdivision (bb)(ii) and the distributions

 

under section 13b to repay the obligation being refunded, as

 

calculated using a method approved by the department of treasury.

 

     (y) "Qualified township" means a township that meets all of

 

the following requirements:

 

     (i) Was not eligible to create an authority prior to January 3,

 

2005.

 

     (ii) Adjoins a municipality that previously created an

 

authority.

 

     (iii) Along with the adjoining municipality that previously

 

created an authority, is a member of the same joint planning

 

commission under the joint municipal planning act, 2003 PA 226, MCL

 

125.131 to 125.143.

 

     (z) "Specific local tax" means a tax levied under 1974 PA 198,

 

MCL 207.551 to 207.572, the commercial redevelopment act, 1978 PA

 

255, MCL 207.651 to 207.668, the technology park development act,

 

1984 PA 385, MCL 207.701 to 207.718, and 1953 PA 189, MCL 211.181

 

to 211.182. The initial assessed value or current assessed value of

 

property subject to a specific local tax shall be the quotient of

 

the specific local tax paid divided by the ad valorem millage rate.

 

However, after 1993, the state tax commission shall prescribe the

 

method for calculating the initial assessed value and current

 

assessed value of property for which a specific local tax was paid

 

in lieu of a property tax.

 

     (aa) "State fiscal year" means the annual period commencing


 

October 1 of each year.

 

     (bb) "Tax increment revenues" means the amount of ad valorem

 

property taxes and specific local taxes attributable to the

 

application of the levy of all taxing jurisdictions upon the

 

captured assessed value of real and personal property in the

 

development area, subject to the following requirements:

 

     (i) Tax increment revenues include ad valorem property taxes

 

and specific local taxes attributable to the application of the

 

levy of all taxing jurisdictions other than the state pursuant to

 

the state education tax act, 1993 PA 331, MCL 211.901 to 211.906,

 

and local or intermediate school districts upon the captured

 

assessed value of real and personal property in the development

 

area for any purpose authorized by this act.

 

     (ii) Tax increment revenues include ad valorem property taxes

 

and specific local taxes attributable to the application of the

 

levy of the state pursuant to the state education tax act, 1993 PA

 

331, MCL 211.901 to 211.906, and local or intermediate school

 

districts upon the captured assessed value of real and personal

 

property in the development area in an amount equal to the amount

 

necessary, without regard to subparagraph (i), to repay eligible

 

advances, eligible obligations, and other protected obligations.

 

     (iii) Tax increment revenues do not include any of the

 

following:

 

     (A) Ad valorem property taxes attributable either to a portion

 

of the captured assessed value shared with taxing jurisdictions

 

within the jurisdictional area of the authority or to a portion of

 

value of property that may be excluded from captured assessed value


 

or specific local taxes attributable to such ad valorem property

 

taxes.

 

     (B) Ad valorem property taxes excluded by the tax increment

 

financing plan of the authority from the determination of the

 

amount of tax increment revenues to be transmitted to the authority

 

or specific local taxes attributable to such ad valorem property

 

taxes.

 

     (C) Ad valorem property taxes exempted from capture under

 

section 3(3) or specific local taxes attributable to such ad

 

valorem property taxes.

 

     (iv) The amount of tax increment revenues authorized to be

 

included under subparagraph (ii) or (v), and required to be

 

transmitted to the authority under section 14(1), from ad valorem

 

property taxes and specific local taxes attributable to the

 

application of the levy of the state education tax act, 1993 PA

 

331, MCL 211.901 to 211.906, a local school district or an

 

intermediate school district upon the captured assessed value of

 

real and personal property in a development area shall be

 

determined separately for the levy by the state, each school

 

district, and each intermediate school district as the product of

 

sub-subparagraphs (A) and (B):

 

     (A) The percentage that the total ad valorem taxes and

 

specific local taxes available for distribution by law to the

 

state, local school district, or intermediate school district,

 

respectively, bears to the aggregate amount of ad valorem millage

 

taxes and specific taxes available for distribution by law to the

 

state, each local school district, and each intermediate school


 

district.

 

     (B) The maximum amount of ad valorem property taxes and

 

specific local taxes considered tax increment revenues under

 

subparagraph (ii) or (v).

 

     (v) Tax increment revenues include ad valorem property taxes

 

and specific local taxes, in an annual amount and for each year

 

approved by the state treasurer, attributable to the levy by this

 

state under the state education tax act, 1993 PA 331, MCL 211.901

 

to 211.906, and by local or intermediate school districts, upon the

 

captured assessed value of real and personal property in the

 

development area of an authority established in a city with a

 

population of 750,000 or more to pay for, or reimburse an advance

 

for, not more than $8,000,000.00 for the demolition of buildings or

 

structures on public or privately owned property within a

 

development area that commences in 2005, or to pay the annual

 

principal of or interest on an obligation, the terms of which are

 

approved by the state treasurer, issued by an authority, or by a

 

city on behalf of an authority, to pay not more than $8,000,000.00

 

of the costs to demolish buildings or structures on public or

 

privately owned property within a development area that commences

 

in 2005.

 

     Sec. 7. (1) The board may:

 

     (a) Prepare an analysis of economic changes taking place in

 

the downtown district.

 

     (b) Study and analyze the impact of metropolitan growth upon

 

the downtown district.

 

     (c) Plan and propose the construction, renovation, repair,


 

remodeling, rehabilitation, restoration, preservation, or

 

reconstruction of a public facility, an existing building, or a

 

multiple-family dwelling unit which may be necessary or appropriate

 

to the execution of a plan which, in the opinion of the board, aids

 

in the economic growth of the downtown district.

 

     (d) Plan, propose, and implement an improvement to a public

 

facility within the development area to comply with the barrier

 

free design requirements of the state construction code promulgated

 

under the Stille-DeRossett-Hale single state construction code act,

 

1972 PA 230, MCL 125.1501 to 125.1531.

 

     (e) Develop long-range plans, in cooperation with the agency

 

which is chiefly responsible for planning in the municipality,

 

designed to halt the deterioration of property values in the

 

downtown district and to promote the economic growth of the

 

downtown district, and take such steps as may be necessary to

 

persuade property owners to implement the plans to the fullest

 

extent possible.

 

     (f) Implement any plan of development in the downtown district

 

necessary to achieve the purposes of this act, in accordance with

 

the powers of the authority as granted by this act.

 

     (g) Make and enter into contracts necessary or incidental to

 

the exercise of its powers and the performance of its duties.

 

     (h) Acquire by purchase or otherwise, on terms and conditions

 

and in a manner the authority considers proper or own, convey, or

 

otherwise dispose of, or lease as lessor or lessee, land and other

 

property, real or personal, or rights or interests in property,

 

which the authority determines is reasonably necessary to achieve


 

the purposes of this act, and to grant or acquire licenses,

 

easements, and options with respect to that property.

 

     (i) Improve land and construct, reconstruct, rehabilitate,

 

restore and preserve, equip, improve, maintain, repair, and operate

 

any building, including multiple-family dwellings, and any

 

necessary or desirable appurtenances to that property, within the

 

downtown district for the use, in whole or in part, of any public

 

or private person or corporation, or a combination of them.

 

     (j) Fix, charge, and collect fees, rents, and charges for the

 

use of any building or property under its control or any part

 

thereof, or facility therein, and pledge the fees, rents, and

 

charges for the payment of revenue bonds issued by the authority.

 

     (k) Lease any building or property under its control, or any

 

part of a building or property.

 

     (l) Accept grants and donations of property, labor, or other

 

things of value from a public or private source.

 

     (m) Acquire and construct public facilities.

 

     (n) Create, operate, and fund marketing initiatives that

 

benefit only retail and general marketing of the downtown district.

 

     (o) Contract for broadband service and wireless technology

 

service in the downtown district.

 

     (p) Operate and perform all duties and exercise all

 

responsibilities described in this section in a qualified township

 

if the qualified township has entered into an agreement with the

 

municipality under section 3(7).

 

     (q) Create, operate, and fund retail business incubators in

 

the downtown district.


 

     (2) If the board creates, operates, or funds a retail business

 

incubator in the downtown district, the board shall give preference

 

to tenants who will provide goods or services that are not

 

available or that are underserved in the downtown area. If the

 

board creates, operates, or funds retail business incubators in the

 

downtown district, the board and each tenant who leases space in a

 

retail business incubator shall enter into a written contract that

 

includes, but is not limited to, all of the following:

 

     (a) The lease or rental rate that may be below the fair market

 

rate as determined by the board.

 

     (b) The requirement that a tenant may lease space in the

 

retail business incubator for a period not to exceed 18 months.

 

     (c) The terms of a joint operating plan with 1 or more other

 

businesses located in the downtown district.

 

     (d) A copy of the business plan of the tenant that contains

 

measurable goals and objectives.

 

     (e) The requirement that the tenant participate in basic

 

management classes, business seminars, or other business education

 

programs offered by the authority, the local chamber of commerce,

 

local community colleges, or institutions of higher education, as

 

determined by the board.