reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2460 - Authority Board; Qualifications of Members; Certificate; Oath of Office.

125.2460 Authority board; qualifications of members; certificate; oath of office.
Sec. 10.
(1) An individual appointed by, or from nominations made by, the county or township to the authority board shall be qualified by training or experience to perform the functions that are required of a member of the authority board by this act.
(2) Each individual appointed by, or from nominations made by, the county or township and each individual elected to the authority board shall be and remain during his or her term of office either a record owner of real property within the authority district or a resident of this state, but need not be a resident of the authority district or of the county or a township where the authority district is located. Each individual appointed by the state treasurer to the first authority board under section 8(4)(a)(ii), (b)(ii), (c)(ii), or (d)(ii) or to a subsequent authority board shall be and remain during his or her term of office an employee of the department. Each individual appointed to the first authority board under section 8(4)(a)(i), (a)(iii), (b)(i), (b)(iii), (c)(i), (c)(iii), (d)(i), or (d)(iii) and each successor to the member appointed under section 8(4)(a)(iii), (b)(iii), (c)(iii), or (d)(iii) shall reside within the county within which the authority district is located, and at least 1 such individual shall reside within a township within which the authority district is located.
(3) Upon appointing an individual to the authority board, the person making the appointment shall file a dated certificate certifying the name, address, and term of office of the individual appointed with the secretary of state and shall provide a copy to the individual appointed and, in the case of an appointment to the first authority board, to the person who filed the petition under section 4. Upon election of an individual to the authority board, the secretary of the authority shall file a dated certificate certifying the name, address, and term of office of the individual elected with the secretary of state and shall provide a copy to the individual elected.
(4) An individual elected or appointed to the authority board shall qualify by taking, subscribing, and filing the constitutional oath of office not more than 14 days after the date of the certificate certifying his or her election or appointment. The oath shall be filed with the secretary of state.
History:
1992, Act 173, Imd. Eff. July 21, 1992
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2462 - Authority Board; Vacancy.

125.2462 Authority board; vacancy.
Sec. 12.
(1) If any of the following occur, a vacancy is created on the authority board:
(a) The death of an incumbent.
(b) The resignation of an incumbent.
(c) The removal of an incumbent pursuant to section 11.
(d) An incumbent's conviction of a felony or a crime involving the violation of his or her oath of office.
(e) The decision of a competent tribunal declaring void an individual's election or appointment to the authority board.
(f) The failure of an individual to satisfy a requirement of section 10(2).
(g) The failure of an individual to qualify for office as provided by section 10(4).
(2) If an individual appointed to the first authority board under section 8(4)(b)(iv), (c)(iv), (d)(iv), or (d)(v) vacates office, an individual shall be appointed to fill the vacancy for the remainder of the term by the county board of commissioners, or the township board, as the case may be, that nominated the individual vacating office. If an individual appointed to the first authority board under section 8(4)(a)(ii), (a)(iii), (b)(ii), (b)(iii), (c)(ii), (c)(iii), (d)(ii), or (d)(iii), an individual shall be appointed to fill the vacancy for the remainder of the term by the state treasurer. If an individual appointed to the authority board, other than an individual appointed to the first authority board under section 8, vacates office, an individual shall be appointed to fill the vacancy for the remainder of the term by the same person by which the individual vacating office was appointed. An individual shall be appointed to fill a vacancy under this subsection not more than 30 days after the vacancy is created.
(3) If an individual appointed to the first authority board under section 8(4)(a)(i), (b)(i), (c)(i), or (d)(i) or elected pursuant to section 9(2) or (3) vacates office, a successor shall be elected to serve for the remainder of the term. The successor shall be elected at the next regular authority election, if a regular election is scheduled to be held not more than 90 days after the vacancy is created, or at a special election to be held not more than 60 days after the vacancy is created. Except with respect to the date of the election, sections 9(4) and (5) and 10(3) govern an election under this subsection.
History:
1992, Act 173, Imd. Eff. July 21, 1992
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2463 - Authority Board; Quorum; Annual Meeting; Special Meeting; Compliance With Open Meetings Act; Writings.

125.2463 Authority board; quorum; annual meeting; special meeting; compliance with open meetings act; writings.
Sec. 13.
(1) A quorum of the authority board consists of a majority of the members of the authority board elected or appointed and serving.
(2) The authority board shall hold an annual meeting within 30 days after the close of a fiscal year of the authority. The fiscal year of the authority shall be the same as the fiscal year of the township in which the authority district is located or, if the authority district is located in 2 townships with different fiscal years, the fiscal year of the township in which the greater portion of the authority district is located.
(3) The director of the authority, if a director is appointed under section 15, or a member of the authority board may call a special meeting of the authority board by giving written notice of the time, date, place, and purpose of the special meeting to each member of the authority board not less than 14 or more than 28 days before the date of the meeting either personally or by certified mail. Two members of the authority board may reschedule a special meeting by jointly giving notice of a later time and date that is not more than 7 days after the date for which the original meeting is scheduled to every other member of the authority board. The notice of the rescheduling shall be given before the time for which the original meeting is scheduled by certified mail, return receipt requested, telephone, facsimile communication, or personal delivery.
(4) By attending a special meeting, a member of the authority board waives objections to both of the following:
(a) Lack of notice or defective notice of the special meeting, unless, at the beginning of the meeting, the member of the authority board objects to holding the meeting or transacting business at the meeting.
(b) Consideration of a matter at a meeting that is not within the purpose described in the meeting notice, unless, when the matter is presented, the member of the authority board objects to considering the matter.
(5) The business which the authority board may perform shall be conducted at a public meeting of the authority board held in compliance with the open meetings act, Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws.
(6) A writing prepared, owned, used, in possession of, or retained by the authority in the performance of an official function is subject to the freedom of information act, Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.
History:
1992, Act 173, Imd. Eff. July 21, 1992
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2464 - Authority Board; Election of Chairperson, Treasurer, Secretary, and Other Officers; Duties; Compensation; Expenses; Personal Liability.

125.2464 Authority board; election of chairperson, treasurer, secretary, and other officers; duties; compensation; expenses; personal liability.
Sec. 14.
(1) The authority board shall elect from among its members a chairperson, a treasurer, a secretary, and other officers that it considers necessary or convenient for carrying out the purposes of this act. The treasurer shall receive and invest funds of the authority and pay over and account for the funds. The treasurer shall also keep the financial records of the authority and, together with the director, if a director is appointed under section 15, shall approve all vouchers for the expenditure of funds of the authority. The treasurer shall perform other duties delegated by the authority board. The secretary shall maintain custody of the official seal and of records, books, documents, or other papers not required to be maintained by the treasurer. The secretary shall attend meetings of the authority board, keep a record of its proceedings, and perform other duties delegated by the authority board.
(2) A member of the authority board shall not receive compensation for services rendered to the authority in any capacity, but is entitled to reimbursement or payment of expenses, including traveling expenses, necessarily incurred in the discharge of duties performed as a member of the board.
(3) A member of the authority board is not subject to personal liability for, or because of the issuance of, bonds or notes of the authority. The authority board may provide for the purchase of insurance indemnifying the members of the authority board from personal liability for the acts or omissions of the board.
History:
1992, Act 173, Imd. Eff. July 21, 1992
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2465 - Authority Board; Appointment of Director, Assistant Director, Assistant Treasurer, and Assistant Secretary; Duties; Bond; Legal Counsel; Employees; Compensation.

125.2465 Authority board; appointment of director, assistant director, assistant treasurer, and assistant secretary; duties; bond; legal counsel; employees; compensation.
Sec. 15.
(1) The authority board may appoint a director of the authority, who shall serve at the pleasure of the authority board. Before entering upon the duties of the office, the director shall take and subscribe to the constitutional oath of office and shall furnish a bond in an amount determined by the authority board.
(2) The director shall be the chief executive officer of the authority. Subject to the approval of the authority board, the director shall supervise and be responsible for the preparation of plans and the performance of the functions of the authority in the manner authorized by this act. The director shall attend the meetings of the authority board and shall regularly report to the authority board the activities and financial condition of the authority. The director shall furnish the authority board with additional information or reports governing the operation of the authority as the authority board requires.
(3) If the director is absent or disabled, the authority board may designate an acting director to perform the duties of the director. Before performing the duties of the director, the acting director shall take and subscribe to the constitutional oath of office and furnish a bond as required of the director.
(4) The authority board may appoint an assistant treasurer of the authority. The assistant treasurer shall perform duties of the treasurer delegated to the assistant treasurer by the authority board and shall furnish a bond.
(5) The premium on a bond required under this section is payable from funds available to the authority from operating expenses. The bond shall meet all of the following requirements:
(a) Be payable to the authority for the use and benefit of the authority.
(b) Be approved by the authority board.
(c) Be filed with the secretary of the authority.
(6) The authority board may appoint an assistant secretary of the authority. The assistant secretary shall perform duties of the secretary delegated to the assistant secretary.
(7) The authority board may retain legal counsel to advise the board in the proper exercise of its powers and performance of its duties. The legal counsel may represent the authority in actions brought by or against the authority.
(8) The authority board may employ other personnel considered necessary by the authority board.
(9) The authority board may authorize and fix the compensation of an individual appointed or employed under this section. A member of the authority board is not eligible to be appointed or employed under this section.
History:
1992, Act 173, Imd. Eff. July 21, 1992
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2466 - Authority Board; Powers; Establishment and Maintenance of Office.

125.2466 Authority board; powers; establishment and maintenance of office.
Sec. 16.
(1) The authority board may do 1 or more of the following:
(a) Carry out an improvement.
(b) Implement a plan of development necessary or desirable to improve blighted areas and promote residential, recreational, or commercial development in the authority district in accordance with the powers of the authority as granted by this act.
(c) Make and enter into a contract necessary or incidental to the exercise of the authority board's powers and the performance of its duties.
(d) Acquire by purchase, condemnation, or otherwise on terms and conditions and in a manner the authority board considers proper, own, lease as lessor or lessee, convey, demolish, relocate, rehabilitate, or otherwise dispose of real or personal property, or rights or interests in the property, and grant or acquire a license, easement, or option with respect to the property as the authority board determines is reasonably necessary to achieve the purposes of this act. The state treasurer shall exercise the power of condemnation on behalf of the authority board pursuant to the uniform condemnation procedures act, Act No. 87 of the Public Acts of 1980, being sections 213.51 to 213.77 of the Michigan Compiled Laws. The state treasurer shall not condemn property located outside the authority district.
(e) Fix, charge, and collect rents, fees, and charges including, but not limited to, tap-in fees and use charges, for the use of property under the authority board's control or for a service, and pledge the rents, fees, and charges for the payment of revenue bonds issued by the authority pursuant to the revenue bond act, Act No. 94 of the Public Acts of 1933, being sections 141.101 to 141.140 of the Michigan Compiled Laws.
(f) Lease a building or property or part of a building or property under the authority board's control.
(g) Incur costs in connection with the performance of the authority board's authorized functions including, but not limited to, administrative costs and architectural, engineering, legal, and accounting fees.
(2) The authority board shall maintain an office in the county where the authority district is located. The authority board shall establish the office at its first meeting.
History:
1992, Act 173, Imd. Eff. July 21, 1992
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2467 - Financing Activities of Authority.

125.2467 Financing activities of authority.
Sec. 17.
The activities of the authority may be financed from 1 or more of the following:
(a) Contributions of property, labor, or other things of value from a public or private source.
(b) Revenues from property, buildings, or facilities owned, leased, licensed, or operated by the authority or under its control, subject to the limitations imposed upon the authority by trusts or other agreements.
(c) Special assessments imposed by the authority board pursuant to this act and Act No. 162 of the Public Acts of 1962, being sections 211.741 to 211.746 of the Michigan Compiled Laws.
(d) Proceeds of bonds and notes issued pursuant to section 16 or 32.
(e) Money obtained from any other legal source approved by the authority board.
History:
1992, Act 173, Imd. Eff. July 21, 1992
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2471 - Authority Board; Proceeding With Improvement; Approval or Determination; Special Assessment Roll; Limitations on Total Amount Assessed.

125.2471 Authority board; proceeding with improvement; approval or determination; special assessment roll; limitations on total amount assessed.
Sec. 21.
(1) If, after the hearing provided for in section 19, the authority board desires to proceed with an improvement, the authority board shall approve or determine by resolution all of the following:
(a) The carrying out of the improvement.
(b) The plans and estimate of cost as originally presented or as revised.
(c) The sufficiency of the petition supporting the improvement, if such a petition was required. After this determination, the sufficiency of the petition is not subject to attack except in an action brought in a court of competent jurisdiction not more than 30 days after the adoption of the resolution determining the sufficiency.
(d) The boundaries of the special assessment district and the term of the special assessment district's existence.
(e) If the nature of an improvement is such that a periodic redetermination of cost will be necessary without a change in the special assessment district boundaries, the dates upon which the redeterminations shall be made. A redetermination of cost is subject to subsection (3).
(2) After satisfying the requirements of subsection (1), the authority board shall prepare a special assessment roll in which are entered and described all the parcels of land to be assessed in that township, with the names of the respective record owners of each parcel, if known, and, subject to subsection (3), the total amount to be assessed against each parcel of land.
(3) The total amount assessed against a parcel of land for an improvement shall not exceed the benefit to that parcel of land from the improvement and shall be the relative portion of the whole sum to be levied against all parcels of land in the special assessment district as the benefit to the parcel of land bears to the total benefit to all parcels of land in the special assessment district, pursuant to the direction of the authority board.
History:
1992, Act 173, Imd. Eff. July 21, 1992
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2474 - Special Assessment as Lien.

125.2474 Special assessment as lien.
Sec. 24.
From the date of confirmation of the roll, special assessments contained in a special assessment roll, including any part of a special assessment deferred as to payment, are a lien upon the respective parcels of land assessed. The lien shall be of the same character and effect as the lien created for township taxes and shall include accrued interest and penalties. A judgment or any act of the authority board vacating a special assessment does not destroy or impair the lien of the authority upon the premises assessed for the amount of the assessment as may be equitably charged against the premises, or as by a regular mode of proceeding might be lawfully assessed on the premises.
History:
1992, Act 173, Imd. Eff. July 21, 1992
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2475 - Special Assessment; Collection; Warrant; Entering on Tax Roll.

125.2475 Special assessment; collection; warrant; entering on tax roll.
Sec. 25.
When a special assessment roll is confirmed, the authority board shall direct the assessments made on the roll to be collected. The secretary of the authority shall then deliver to the township treasurer the special assessment roll, to which he or she shall attach his or her warrant commanding the township treasurer to collect the assessments in accordance with the directions of the authority board. The warrant shall further require the township treasurer on the September 1 following the date when the assessments or any part of the assessments have become due to submit to the authority board a sworn statement setting forth the names of the persons delinquent, if known, a description of the parcels of land upon which there are delinquent assessments, and the amount of the delinquency, including accrued interest and penalties computed to September 1 of that year. Upon receiving the special assessment roll and warrant, the township treasurer shall enter the special assessments directly in a separate column on the next tax roll. The township treasurer shall proceed to collect the several amounts assessed on the roll as those amounts become due.
History:
1992, Act 173, Imd. Eff. July 21, 1992
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2476 - Special Assessment; Certification of Delinquency; Reassessment on Annual Township Tax Roll.

125.2476 Special assessment; certification of delinquency; reassessment on annual township tax roll.
Sec. 26.
If, pursuant to section 25, the township treasurer reports as delinquent any assessment or part of an assessment, the authority board shall certify the delinquent sum to the supervisor of the township where the parcel is located. The supervisor shall reassess on the annual township tax roll for the year in a column headed "special assessments" the delinquent sum, with interest and penalties to September 1 of that year, and an additional penalty of 6% of the total amount. The statutes relating to township taxes are applicable to the reassessments.
History:
1992, Act 173, Imd. Eff. July 21, 1992
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2477 - Special Assessment; Payment by Township or County to Authority Board.

125.2477 Special assessment; payment by township or county to authority board.
Sec. 27.
The township treasurer or county treasurer shall promptly pay to the authority board treasurer any special assessment payments for an improvement under this act collected by the township treasurer or county treasurer.
History:
1992, Act 173, Imd. Eff. July 21, 1992
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2478 - Special Assessment; Apportionment of Uncollected Amounts on Divisions of Land; Notice of Hearing.

125.2478 Special assessment; apportionment of uncollected amounts on divisions of land; notice of hearing.
Sec. 28.
If a parcel of land is divided after a special assessment on the land is confirmed, and before the special assessment is collected, the authority board may apportion the uncollected amounts between the several divisions of the parcel. Upon confirmation by the authority board, the apportionment is conclusive upon all parties. However, if the interested parties do not agree in writing to the apportionment, then before the confirmation, notice of hearing shall be given to the interested parties, by personal service as provided in section 20 for an original assessment roll.
History:
1992, Act 173, Imd. Eff. July 21, 1992
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2479 - Special Assessment; Insufficient or Surplus Amount Collected.

125.2479 Special assessment; insufficient or surplus amount collected.
Sec. 29.
(1) If the assessments in a special assessment roll are insufficient for any reason, including the noncollection of the assessments, to pay for the improvement for which they were made or to pay the principal and interest on the bonds issued in anticipation of the collection of the special assessments, then the authority board shall make additional pro rata assessments to supply the deficiency, but the total amount assessed against any parcel of land shall not exceed the value of the benefits received from the improvement.
(2) If the total amount collected on assessments is larger than necessary by more than 5% of the original roll, the surplus shall be prorated among the properties assessed in accordance with the amount assessed against each and refunded to the persons who are the respective record owners of the properties on the date of the passage of the resolution ordering the refund. A surplus of 5% or less may be retained by the authority and used for authority purposes or may be prorated and refunded as provided in this section.
History:
1992, Act 173, Imd. Eff. July 21, 1992
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2480 - Invalid Special Assessment; Effect; Proceeding for Reassessment and Collection.

125.2480 Invalid special assessment; effect; proceeding for reassessment and collection.
Sec. 30.
If, in the opinion of the authority board, a special assessment is invalid by reason of irregularities or informalities in the proceedings, or if any court or other tribunal of competent jurisdiction adjudges the assessment to be illegal, the authority board, whether the improvement has been made or not and whether any part of the assessment has been paid or not, may proceed from the last step at which the proceedings were legal and cause a new assessment to be made for the same purpose for which the former assessment was made. Proceedings on the reassessment and for the collection of the reassessment shall be conducted in the same manner as provided for the original assessment. If an assessment or any part of the assessment levied upon any premises is so set aside and has been paid and not refunded, the payment so made shall be applied upon the reassessment.
History:
1992, Act 173, Imd. Eff. July 21, 1992
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2481 - Resolution of Public or Private Corporation to Pay Special Assessments.

125.2481 Resolution of public or private corporation to pay special assessments.
Sec. 31.
The governing body of a public or private corporation whose property is exempt by law from the special assessments may adopt a resolution to pay the special assessments against the property. If such a resolution is adopted, the special assessments are a valid claim against the corporation.
History:
1992, Act 173, Imd. Eff. July 21, 1992
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2482 - Authority Board; Bonds and Notes; Issuance; Amount.

125.2482 Authority board; bonds and notes; issuance; amount.
Sec. 32.
(1) After the special assessment roll for an improvement is confirmed, the authority board may borrow money and issue the bonds and notes of the authority in anticipation of the collection of special assessments to defray all or any part of the cost of the improvement. The bonds and notes shall not exceed the amount of the special assessments in anticipation of the collection of which they are issued. Bonds or notes may be issued in anticipation of the collection of special assessments levied in respect to 1 or more improvements.
(2) The issuance of bonds and notes under this section is subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
History:
1992, Act 173, Imd. Eff. July 21, 1992 ;-- Am. 2002, Act 242, Imd. Eff. Apr. 29, 2002
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2483 - Obligations Assessed or Contracted for Pursuant to MCL 123.731 to 123.786 and MCL 280.1 to 280.630.

125.2483 Obligations assessed or contracted for pursuant to MCL 123.731 to 123.786 and MCL 280.1 to 280.630.
Sec. 33.
The authority board may determine that the whole or any part of an obligation of the authority assessed or contracted for pursuant to Act No. 185 of the Public Acts of 1957, being sections 123.731 to 123.786 of the Michigan Compiled Laws, or the drain code of 1956, Act No. 40 of the Public Acts of 1956, being sections 280.1 to 280.630 of the Michigan Compiled Laws, shall be defrayed by special assessments against the property specially benefited. The special assessments may be levied and collected in accordance with this act except as provided in this section. The requirements of section 18 with respect to a petition and section 19 with respect to a hearing do not apply to any special assessments levied and collected pursuant to this section and Act No. 185 of the Public Acts of 1957 or Act No. 40 of the Public Acts of 1956.
History:
1992, Act 173, Imd. Eff. July 21, 1992
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2484 - Use of Money Earned, Received, or Charged Under Certain Conditions.

125.2484 Use of money earned, received, or charged under certain conditions.
Sec. 34.
Interest earned from the investment of money collected under a special assessment under this act, of money received as bond proceeds from a bond issued under section 32, or of money from interest or penalties charged and collected on an unpaid special assessment under this act shall only be used for the following:
(a) To pay for the improvement for which the special assessment is assessed.
(b) To pay the principal and interest of bonds that are issued for the improvement for which the special assessment is assessed.
(c) To pay the principal and interest of an advance from the authority that is used for the improvement for which the special assessment is assessed.
History:
1992, Act 173, Imd. Eff. July 21, 1992
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2485 - Authority; Bonds and Notes; Issuance; Sale; Exemption From Certain Taxes; Investment.

125.2485 Authority; bonds and notes; issuance; sale; exemption from certain taxes; investment.
Sec. 35.
(1) Bonds and notes issued by the authority shall be issued in the name of the authority and not in the name of the county in which the authority district is located or a township in which all or part of the authority district is located. The county in which the authority district is located or a township in which all or part of the authority district is located is not liable on bonds or notes of the authority and the bonds and notes are not a debt of the county or township.
(2) Except to the extent that the revenue bond act, Act No. 94 of the Public Acts of 1933, being sections 141.101 to 141.140 of the Michigan Compiled Laws, provides otherwise with respect to revenue bonds issued pursuant to Act No. 94 of the Public Acts of 1933, bonds and notes issued by the authority may be sold at public or private sale.
(3) Bonds and notes issued by the authority are exempt from all taxation except inheritance and transfer taxes, and the interest on the bonds and notes is exempt from all taxation in this state, notwithstanding that the interest may be subject to federal income tax. The bonds and notes of the authority may be invested in by all public offices, state agencies, political subdivisions, insurance companies, banks, savings and loan associations, investment companies, and fiduciaries and trustees, and may be deposited with and received by all public officers and the agencies and political subdivisions of this state for any purpose for which the deposit of bonds is authorized.
History:
1992, Act 173, Imd. Eff. July 21, 1992
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2486 - Authority; Powers and Limitations.

125.2486 Authority; powers and limitations.
Sec. 36.
(1) The authority is a body politic and corporate.
(2) The authority is not a taxing unit or local taxing unit for purposes of sections 87b to 87g of the general property tax act, Act No. 206 of the Public Acts of 1893, being sections 211.87b to 211.87g of the Michigan Compiled Laws.
History:
1992, Act 173, Imd. Eff. July 21, 1992
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2487 - Reimbursement of Expenses to County or Township.

125.2487 Reimbursement of expenses to county or township.
Sec. 37.
The county within which the authority district is located or a township in which all or part of the authority district is located may charge the authority, and the authority shall reimburse the county or township, for expenses reasonably incurred by the county or township in satisfying the requirements of this act. If requested by the county or township, the authority shall enter into a contract with the county or township for and limited to the reimbursement of such expenses.
History:
1992, Act 173, Imd. Eff. July 21, 1992
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2488 - Transfer of Property Within Authority District.

125.2488 Transfer of property within authority district.
Sec. 38.
(1) A township in which all or a portion of an authority district is located may transfer all or a portion of the property in that township that is within the authority district to a local unit pursuant to Act No. 425 of the Public Acts of 1984, being sections 124.21 to 124.30 of the Michigan Compiled Laws. A transfer of property within an authority district by a township under Act No. 425 of the Public Acts of 1984 does not affect the validity or continued existence of the authority.
(2) The contract for the conditional transfer of property may provide that appointments to the authority board authorized to be made by a township or county shall be made as provided in the contract for conditional transfer of property.
(3) The contract for the conditional transfer of property may provide for the transfer of a function or duty otherwise assigned by this act to the township from which the property is transferred, as provided by Act No. 425 of the Public Acts of 1984.
(4) Notwithstanding any other provision of this act, a local unit to which property within an authority district is transferred, and its public officials, officers, employees, agents, and appointees, have the same authority, rights, immunities, and duties under this act as a township, its public officials, officers, employees, agents, and appointees in carrying out a function or duty assumed by the local unit under subsection (3).
(5) If the local unit to which property is transferred has jurisdiction over roads, then it shall have the same power over roads as granted to the board of county road commissioners under section 18(2).
History:
1992, Act 173, Imd. Eff. July 21, 1992
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 129 of 1994 - Heating Cable Safety Act (125.2501 - 125.2508) › Section 125.2501 - Short Title.

125.2501 Short title.
Sec. 1.
This act shall be known and may be cited as the "heating cable safety act".
History:
1994, Act 129, Imd. Eff. May 17, 1994
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 129 of 1994 - Heating Cable Safety Act (125.2501 - 125.2508) › Section 125.2502 - Definitions.

125.2502 Definitions.
Sec. 2.
As used in this act:
(a) "Department" means the department of labor.
(b) "Director" means the director of labor or his or her designee.
(c) "Heating cable" means cable designed to be secured to pipes and vessels to reduce their likelihood of freezing or to facilitate the flow of viscous liquids. Heating cable also includes products used for deicing on roofs and in gutters and downspouts. Heating cable intended for industrial and commercial use is connected to the supply system by a permanent wiring method or by an attachment plug for connection to a receptacle outlet. Heating cable intended for residential and mobile home use has an attachment plug for connection to a receptacle outlet. Heating cable is commonly known as heat tape.
(d) "Person" means an individual, partnership, corporation, association, or other legal entity.
History:
1994, Act 129, Imd. Eff. May 17, 1994
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 129 of 1994 - Heating Cable Safety Act (125.2501 - 125.2508) › Section 125.2503 - Sale of Heating Cable; Approval by State Construction Code Commission; List.

125.2503 Sale of heating cable; approval by state construction code commission; list.
Sec. 3.
(1) Beginning 1 year after the effective date of this act, a person shall not sell in this state a heating cable that has not been approved by the state construction code commission pursuant to section 21 of the state construction code act of 1972, Act No. 230 of the Public Acts of 1972, being section 125.1521 of the Michigan Compiled Laws.
(2) The department shall compile and revise as necessary a list of heating cables that have been approved by the state construction code commission and that may be sold in this state.
History:
1994, Act 129, Imd. Eff. May 17, 1994
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 129 of 1994 - Heating Cable Safety Act (125.2501 - 125.2508) › Section 125.2504 - Complaints; Investigation; Duties of Director; Restraining Order or Injunction.

125.2504 Complaints; investigation; duties of director; restraining order or injunction.
Sec. 4.
(1) The director shall investigate complaints made to him or her concerning violations of this act and, upon his or her own initiative, shall conduct any investigation that he or she considers advisable to determine possible violations of this act.
(2) If the director finds or has probable cause to believe that a heating cable is being sold in violation of this act, he or she shall do both of the following:
(a) Order the person to cease the sale of that heating cable.
(b) Affix to the heating cable a tag or other appropriate marking, giving notice that the heating cable is or is suspected of being sold in violation of this act and warning all persons that the heating cable is not to be sold or otherwise distributed in this state.
(3) The director may apply to any court of competent jurisdiction for a temporary restraining order or a preliminary or permanent injunction restraining any person from selling a heating cable in violation of this act.
(4) A person shall not obstruct or hinder the director in the performance of his or her duties under this section.
History:
1994, Act 129, Imd. Eff. May 17, 1994
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 129 of 1994 - Heating Cable Safety Act (125.2501 - 125.2508) › Section 125.2505 - Rules.

125.2505 Rules.
Sec. 5.
The department shall promulgate, as necessary, rules to implement this act pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws.
History:
1994, Act 129, Imd. Eff. May 17, 1994
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 129 of 1994 - Heating Cable Safety Act (125.2501 - 125.2508) › Section 125.2506 - Violation; Fine; Sale as Separate Offense.

125.2506 Violation; fine; sale as separate offense.
Sec. 6.
(1) A person who violates this act or an order issued or a rule promulgated under this act is liable for a civil fine of not more than $500.00, plus costs. A fine due under this act shall be assessed by the electrical administrative board and shall be paid into the state construction code fund created by section 22 of the state construction code act of 1972, Act No. 230 of the Public Acts of 1972, being section 125.1522 of the Michigan Compiled Laws.
(2) Each sale of each heating cable in violation of this act constitutes a separate offense.
History:
1994, Act 129, Imd. Eff. May 17, 1994
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 129 of 1994 - Heating Cable Safety Act (125.2501 - 125.2508) › Section 125.2507 - Construction of Act.

125.2507 Construction of act.
Sec. 7.
This act shall not be construed to limit the powers and duties granted by any other law to a state agency or official.
History:
1994, Act 129, Imd. Eff. May 17, 1994
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 129 of 1994 - Heating Cable Safety Act (125.2501 - 125.2508) › Section 125.2508 - Conditional Effective Date.

125.2508 Conditional effective date.
Sec. 8.
This act shall not take effect unless Senate Bill No. 364 of the 87th Legislature is enacted into law.
History:
1994, Act 129, Imd. Eff. May 17, 1994
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Repealed - Act 325 of 1994 - The International Tradeport Development Authority Act (125.2521 - 125.2546)

THE INTERNATIONAL TRADEPORT DEVELOPMENT AUTHORITY ACT
Act 325 of 1994
125.2521-125.2546 Repealed. 2002, Act 90, Imd. Eff. Mar. 26, 2002.
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 75 of 1995 - Empowerment Zone Development Corporation Act (125.2561 - 125.2591) › Section 125.2561 - Short Title.

125.2561 Short title.
Sec. 1.
This act shall be known and may be cited as the "empowerment zone development corporation act".
History:
1995, Act 75, Imd. Eff. June 13, 1995
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 75 of 1995 - Empowerment Zone Development Corporation Act (125.2561 - 125.2591) › Section 125.2563 - Legislative Findings.

125.2563 Legislative findings.
Sec. 3.
There exists in this state the continuing need for programs to alleviate and prevent conditions of long-term unemployment, economic distress, and accompanying social ills. Accordingly, the legislature finds that in order to stimulate the creation of new jobs and to promote the revitalization of distressed areas, it is necessary to empower municipalities to create empowerment zone development corporations to facilitate the implementation of municipalities' strategic plans aimed toward those ends, and to ensure local oversight of strategic plan implementation.
History:
1995, Act 75, Imd. Eff. June 13, 1995
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 75 of 1995 - Empowerment Zone Development Corporation Act (125.2561 - 125.2591) › Section 125.2565 - Definitions.

125.2565 Definitions.
Sec. 5.
As used in this act:
(a) "Board" means the board of directors of an empowerment zone development corporation.
(b) "Chief executive officer" means the mayor or city manager of a city, the president of a village, the supervisor of a township, or the county executive of a county or, if a county does not have a county executive, the chairperson of the county board of commissioners.
(c) "Corporation" means an empowerment zone development corporation organized under this act.
(d) "Empowerment zone" means an area designated as an empowerment zone by the United States department of housing and urban development.
(e) "Empowerment zone coordinating council" means a community-based partnership initiated by the chief executive officer of a municipality with a population of 900,000 or more to do all of the following:
(i) Develop a strategic plan in accordance with 24 C.F.R. 597.3.
(ii) Incorporate an empowerment zone development corporation under this act on behalf of the municipality.
(iii) Recommend initial candidates for appointment to the corporation's board of directors.
(f) "Governing body" means the body in which the legislative powers of a municipality are vested.
(g) "Municipality" means a county, city, village, or township.
(h) "Strategic plan" means a plan agreed to by this state and a municipality concerning an empowerment zone that includes both of the following:
(i) Certification of the authority to adopt a strategic plan in an application for nomination as an empowerment zone under applicable federal regulations.
(ii) A written commitment of this state and the municipality to adhere to the plan.
(i) "Substantial interest" means 1 or more of the following:
(i) Owning real property or a business located in the empowerment zone.
(ii) Having a substantial demonstrable interest in real property or in a business located in the empowerment zone.
(iii) Engaging in activities to improve the social and economic conditions of the empowerment zone.
(iv) Making a significant commitment to the empowerment zone by providing financial or in-kind resources.
History:
1995, Act 75, Imd. Eff. June 13, 1995
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 75 of 1995 - Empowerment Zone Development Corporation Act (125.2561 - 125.2591) › Section 125.2567 - Empowerment Zone Development Corporation; Application for Incorporation; Notice; Public Hearing; Process for Approving Articles of Incorporation and Bylaws.

125.2567 Empowerment zone development corporation; application for incorporation; notice; public hearing; process for approving articles of incorporation and bylaws.
Sec. 7.
(1) A written application may be made by not less than 3 persons to the governing body of a municipality with a population of less than 900,000 for permission to incorporate an empowerment zone development corporation on behalf of the municipality. In a municipality with a population of 900,000 or more, a majority of an empowerment zone coordinating council shall designate not less than 3 persons to apply. The application shall include proposed articles of incorporation and proposed bylaws. The name of the corporation shall be "the empowerment zone development corporation of _______________" (the name of the incorporating municipality).
(2) The governing body of the municipality shall notify the public of receipt of the application as provided in subsection (3). The application may be approved after a public hearing by adoption of a resolution by the governing body.
(3) Notice of the time and place of the hearing shall be given by publication once in a newspaper of general circulation designated by the municipality not less than 10 days before the date set for the hearing. In addition, notice of the hearing shall be posted not less than 10 days before the hearing in at least 10 conspicuous and public places within the designated empowerment zone.
(4) The process for approving the articles of incorporation and the bylaws and for amending the articles or bylaws shall be prescribed by an ordinance of the municipality.
History:
1995, Act 75, Imd. Eff. June 13, 1995