Terms Used In Michigan Laws 141.1443

  • Assessment: means the amount levied against an owner of a transient facility within an assessment district computed by application of the applicable percentage against aggregate room charges with respect to that transient facility during the applicable assessment period. See Michigan Laws 141.1442
  • Assessment district: means a municipality or a combination of municipalities as described in an event center financing program. See Michigan Laws 141.1442
  • Clerk: means the clerk of the municipality. See Michigan Laws 141.1442
  • Event center: means all or any part, or any combination of convention halls, auditoriums, stadiums, music halls, arenas, meeting rooms, exhibit areas, and related public areas owned by a municipality or related event center authority. See Michigan Laws 141.1442
  • Event center financing program: means a program established by a municipality to plan, develop, design, and construct an event center. See Michigan Laws 141.1442
  • Event center financing program notice: means the notice described in section 3. See Michigan Laws 141.1442
  • month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j
  • Municipality: means 1 of the following:
  (i) A county having a population of greater than 250,000 and less than 300,000 according to the most recent federal decennial census and that levies an excise tax under 1974 PA 263, MCL 141. See Michigan Laws 141.1442
  • Owner: means the owner of a transient facility located within the assessment district or, if the transient facility is operated or managed by a person other than the owner, then the operator or manager of that transient facility. See Michigan Laws 141.1442
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Room: means a room or other space provided for sleeping, including the furnishings and other accessories in the room. See Michigan Laws 141.1442
  • Transient facility: means a building that contains 35 or more rooms used in the business of providing dwelling, lodging, or sleeping to transient guests, whether or not membership is required for the use of the rooms. See Michigan Laws 141.1442
    •   (1) A municipality may, by ordinance, establish an event center financing program.
      (2) The event center financing program shall describe the proposed size, location, cost, and financing structure of the proposed event center.
      (3) The event center financing program shall specify the amount of the assessment proposed to be levied, which shall not exceed 4% of the room charges in the applicable payment period.
      (4) Upon adoption of an ordinance establishing an event center financing program, the clerk of the municipality shall cause an event center financing program notice to be mailed by registered or certified mail to each owner of a transient facility located in the municipality. In assembling the list of owners to whom the notices shall be mailed, the clerk shall use any data that are reasonably available to the clerk.
      (5) The form of the event center financing program notice, in addition to the information required by subsections (1), (2), and (3), shall set forth the right of referendum prescribed in subsection (6).
      (6) Within 30 days after adoption of an ordinance establishing an event center financing program, the clerk of the municipality shall require a written referendum to be held by mail or in person among all owners of transient facilities in each municipality in the assessment district. For purposes of the referendum, each owner shall have 1 vote for each room in an owner’s transient facility. If a majority of votes actually cast at the referendum approve the assessment and the votes actually cast at the referendum represent 60% or more of the total rooms in those transient facilities, as proposed by the municipality in its event center financing program notice, the assessment shall become effective as to all owners of transient facilities located in the assessment district on the first day of the month following expiration of 30 days after certification of the results by the clerk that the event center financing program was approved. If a majority of votes actually cast at the referendum are opposed to the assessment or if less than 60% of the total rooms are represented in the votes actually cast at the referendum, the assessment shall not become effective. If the assessment is defeated by the referendum, the municipality may file and serve a new notice of intention if at least 60 days have elapsed from the date of certification of the results of the earlier referendum. Not more than 2 referenda or notices may be held pursuant to this subsection or filed pursuant to this subsection in any 1 calendar year. Only 1 assessment under this act may be in existence in an assessment district, or any part of an assessment district, at any 1 time.
      (7) The assessment described in this act shall not be effective before January 1, 2020.
      
      

      Previous section
    Next section  
     Act 340 of 2020 Contents