Section 125.2664 - Brownfield plan as public purpose; determination; amendments to plan; validity of procedure, notice, and findings; presumption.
BROWNFIELD REDEVELOPMENT FINANCING ACT (EXCERPT)
Act 381 of 1996
125.2664 Brownfield plan as public purpose; determination; amendments to plan; validity of procedure, notice, and findings; presumption.
Sec. 14.
(1) Not less than 10 days after notice of the proposed brownfield plan is provided to the taxing jurisdictions, the governing body shall determine whether the plan constitutes a public purpose. If the governing body determines that the plan does not constitute a public purpose, the governing body shall reject the plan. If the governing body determines that the plan constitutes a public purpose, the governing body may then approve or reject the plan, or approve it with modification, by resolution, based on the following considerations:
(a) Whether the plan meets the requirements of section 13.
(b) Whether the proposed method of financing the costs of eligible activities is feasible and the authority has the ability to arrange the financing.
(c) Whether the costs of eligible activities proposed are reasonable and necessary to carry out the purposes of this act.
(d) Whether the amount of captured taxable value estimated to result from adoption of the plan is reasonable.
(2) Except as provided in this subsection, amendments to an approved brownfield plan must be submitted by the authority to the governing body for approval or rejection following the same notice necessary for approval or rejection of the original plan. Notice is not required for revisions in the estimates of captured taxable value or tax increment revenues.
(3) The procedure, adequacy of notice, and findings with respect to purpose and captured taxable value shall be presumptively valid unless contested in a court of competent jurisdiction within 60 days after adoption of the resolution adopting the brownfield plan. An amendment, adopted by resolution, to a conclusive plan shall likewise be conclusive unless contested within 60 days after adoption of the resolution adopting the amendment. If a resolution adopting an amendment to the plan is contested, the original resolution adopting the plan is not therefore open to contest.
History: 1996, Act 381, Eff. Sept. 16, 1996