reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 208 of 1949 - Neighborhood Area Improvements (125.941 - 125.952) › Section 125.941 - Neighborhood Areas in Municipalities; Improvement, Declared to Be Public Use and Public Purpose.

125.941 Neighborhood areas in municipalities; improvement, declared to be public use and public purpose.
Sec. 1.
It is hereby found and declared that many residential neighborhood areas in the municipalities of this state are in danger of becoming blighted, with the consequent impairment of taxable values upon which in large part, municipal revenues depend; that such areas can prove detrimental or inimical to the health, safety, morals and general welfare of the citizens and to the economic welfare of the municipality; that in order to improve and maintain the general character of the municipality, it may be necessary to improve, or better, such areas; that the conditions found in such areas cannot be efficiently and economically remedied, with due regard to the general welfare of the public, without public participation in the planning, property acquisition and disposal, and the financing thereof; that the purposes of this act are to improve such areas by acquiring and developing properties within such areas for the protection of the health, safety, morals and general welfare of the municipality, to preserve existing values of other properties within or adjacent to such areas, and to preserve the taxable value of the property within such areas; and the necessity in the public interest for provisions herein enacted is hereby declared as a matter of legislative determination to be a public use and a public purpose.
History:
1949, Act 208, Eff. Sept. 23, 1949
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 208 of 1949 - Neighborhood Area Improvements (125.941 - 125.952) › Section 125.944 - Acquisition of Property; Condemnation; Proceedings Under Eminent Domain.

125.944 Acquisition of property; condemnation; proceedings under eminent domain.
Sec. 4.
(1) For the accomplishment of the purposes of this act, the municipality may acquire fee simple title in real property by purchase, gift, or exchange and may acquire under this act title to blighted property by condemnation. The municipality shall then apply that blighted property acquired by condemnation under this act and other real property acquired by other means to the expressed purposes of this act.
(2) By authority of this act for blighted property, or by authority of other state law authorizing the condemnation of property for other public uses, the local legislative body may institute and prosecute proceedings under the power of eminent domain in accordance with the state constitution of 1963 and the laws of the state or provisions of any local charter relative to condemnation.
History:
1949, Act 208, Eff. Sept. 23, 1949 ;-- Am. 2006, Act 676, Imd. Eff. Jan. 10, 2007
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 208 of 1949 - Neighborhood Area Improvements (125.941 - 125.952) › Section 125.945 - Neighborhood Areas in Municipalities; Transfers to Public Agencies; Excess Land Sold or Exchanged; Special Assessment District.

125.945 Neighborhood areas in municipalities; transfers to public agencies; excess land sold or exchanged; special assessment district.
Sec. 5.
After the acquisition of the real property such property as will be used by public agencies shall be transferred to or placed under the jurisdiction of the appropriate public agencies for public use as defined in this act. The remainder of the land which, in accordance with the betterment plan, is to be devoted to private uses shall be sold or exchanged to individuals, companies, or corporations, whose use of such property shall be in accordance with the limitations and conditions provided in the development plan. If the cost and expense of acquiring and altering, removing or demolishing real property is assessed against a special district, the proceeds from the sale of any remainder shall be credited to the special assessment roll.
Any such sale or exchange may be made without public bidding but only after public hearing by the legislative body upon the proposed sale or exchange and the provisions thereof. The sale or exchange shall be under terms fixed by the legislative body and shall contain provisions that the betterment plan for the property be carried out.
History:
1949, Act 208, Eff. Sept. 23, 1949
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 208 of 1949 - Neighborhood Area Improvements (125.941 - 125.952) › Section 125.946 - Repealed. 1957, Act 298, Eff. Sept. 27, 1957.

125.946 Repealed. 1957, Act 298, Eff. Sept. 27, 1957.
Compiler's Notes:
The repealed section pertained to neighborhood area improvements, financing, special assessment districts.
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 208 of 1949 - Neighborhood Area Improvements (125.941 - 125.952) › Section 125.946a - Issuance of Bonds or Notes; Purpose; Securing Payment by Pledge of Loan, Grant, or Contribution; Bonds or Notes Not Indebtedness Within Meaning of Debt Limitation or Restriction; Inapplicability of Charter Provisions; Tax Exemption.

125.946a Issuance of bonds or notes; purpose; securing payment by pledge of loan, grant, or contribution; bonds or notes not indebtedness within meaning of debt limitation or restriction; inapplicability of charter provisions; tax exemption.
Sec. 6a.
A municipality may issue bonds or notes from time to time in its discretion to finance the undertaking of any project authorized by this act including, but not limited to, the payment of principal and interest on any advances or loans made for surveys and plans for any project authorized by this act. The bonds or notes shall be made payable, as to both principal and interest, solely from the income, proceeds, revenues and funds of the municipality derived from or held in connection with its undertaking and carrying out of any projects under this act. Payment of the bonds or notes, both as to principal and interest, may be further secured by a pledge of any loan, grant, or contribution due or to become due from the federal government or other source, in aid of any projects of the municipality under this act. Bonds or notes issued under this section shall not constitute an indebtedness within the meaning of any constitutional, statutory, or charter debt limitation or restriction, and shall not be subject to the provisions of any charter relating to the authorization, issuance, or sale of bonds or notes and may be issued without vote of the electors of the municipality. Bonds or notes issued under the provisions of this section are declared to be issued for an essential public and governmental purpose, and, together with interest on the bonds and notes and income on the bonds and notes, shall be exempted from all taxes. Bonds or notes issued under this section are subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
History:
Add. 1957, Act 298, Eff. Sept. 27, 1957 ;-- Am. 1983, Act 38, Imd. Eff. May 10, 1983 ;-- Am. 2002, Act 285, Imd. Eff. May 9, 2002
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 208 of 1949 - Neighborhood Area Improvements (125.941 - 125.952) › Section 125.946c - Tax Levy; Special Assessment.

125.946c Tax levy; special assessment.
Sec. 6c.
As an additional and alternative method of financing part or all of the costs of any project undertaken under this act, any municipality may use general tax revenues levied for the purpose or not otherwise earmarked, or the legislative body in its discretion may provide that the cost and expense or any portion thereof shall be assessed to a special district. The special assessment district shall be coterminous with the neighborhood area, and the special assessment district together with the tentative plan of assessment shall be set up as part of the neighborhood betterment plan before acquisition of the property involved in such plan. The written consent of a majority of the owners of property in the special district to the betterment plan shall be submitted to the legislative body. The rate of assessment shall be spread equally, on a front foot or land area basis, throughout the special district.
History:
Add. 1957, Act 298, Eff. Sept. 27, 1957
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 208 of 1949 - Neighborhood Area Improvements (125.941 - 125.952) › Section 125.947 - Gifts, Loans, Grants From Private or Public Sources; Contracts for Assistance.

125.947 Gifts, loans, grants from private or public sources; contracts for assistance.
Sec. 7.
Municipalities are authorized and permitted to accept gifts or loans and grants from other governmental agencies to finance the purposes of this act, to borrow money and may issue bonds or notes therefor, to apply for and accept advances, loans, grants, contributions, and any other form of financial assistance from the federal government, the state, county, municipality or other public body or from any sources, public or private, for the purposes of this act, to give such security as may be required and to enter into and carry out contracts in connection therewith. A municipality notwithstanding the provisions of any other law, may include in any contract for financial assistance with the federal government for a project as defined in this act such conditions imposed pursuant to federal law, to agree to any conditions that it may deem reasonable and appropriate attached to federal financial assistance and imposed pursuant to federal law, in the undertaking or carrying out of a project as defined in this act as the municipality may deem reasonable and appropriate and which are not inconsistent with the purposes of this act, and to include in any contract let in connection with a project provisions to fulfill such of the conditions as it may deem reasonable and appropriate, including the payment of prevailing salaries and wages and compliance with federal labor standards.
History:
1949, Act 208, Eff. Sept. 23, 1949 ;-- Am. 1957, Act 298, Eff. Sept. 27, 1957
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 208 of 1949 - Neighborhood Area Improvements (125.941 - 125.952) › Section 125.948 - Neighborhood Areas in Municipalities; Modification of Plan, Hearing.

125.948 Neighborhood areas in municipalities; modification of plan, hearing.
Sec. 8.
If previous to the sale or exchange of any real property in the neighborhood area the legislative body desires to modify the betterment plan, it shall hold a public hearing thereon, notice of such hearing to be given as provided in section 3 of this act. If modification be approved by the local legislative body it shall become a part of the approved betterment plan.
History:
1949, Act 208, Eff. Sept. 23, 1949
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 208 of 1949 - Neighborhood Area Improvements (125.941 - 125.952) › Section 125.949 - Neighborhood Areas in Municipalities; Permits, Withholding.

125.949 Neighborhood areas in municipalities; permits, withholding.
Sec. 9.
Upon advice of the planning commission that plans for the betterment of a neighborhood are in preparation, the legislative body may establish a date, and for a period of time not to exceed 6 months thereafter, temporarily withhold permits for building construction, sidewalks, drainage systems or other major improvements within the neighborhood.
History:
1949, Act 208, Eff. Sept. 23, 1949
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 208 of 1949 - Neighborhood Area Improvements (125.941 - 125.952) › Section 125.950 - Neighborhood Areas in Municipalities; Plans to Be Officially Adopted; Board of Appeals; Hearing, Notice, Publication.

125.950 Neighborhood areas in municipalities; plans to be officially adopted; board of appeals; hearing, notice, publication.
Sec. 10.
On and after the date when a plan has been approved for the betterment of a neighborhood area by the legislative body, no permit shall be issued for building construction, sidewalks, drainage systems or other major improvements done on properties indicated for public improvements which are not in accordance with the plans officially adopted and made effective by the legislative body: Provided, however, That the legislative body shall provide by ordinance that the zoning board of appeals, if the municipality has such a board, or if not, then a board of appeals created for such purpose, shall have the power on appeal filed with it by the owner of real property in the area to approve a minor deviation from the plan for the area in any case in which such board finds upon the evidence presented to it that the application of the plan results in unnecessary hardship or practical difficulties and a minor deviation from the betterment plan is required by consideration of justice and equity. Before taking any such action, the board shall hold a public hearing thereon, at least 10 days' notice of time and place of which shall be given by public notice in a newspaper published or circulated generally in the municipality and by notice to all property owners within the neighborhood area, such notice to be by mail addressed to the respective owners at the address given in the last assessment roll.
History:
1949, Act 208, Eff. Sept. 23, 1949
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 208 of 1949 - Neighborhood Area Improvements (125.941 - 125.952) › Section 125.951 - Neighborhood Areas in Municipalities; Actions to Be by Ordinance or Resolution, Procedure.

125.951 Neighborhood areas in municipalities; actions to be by ordinance or resolution, procedure.
Sec. 11.
All actions of legislative bodies under the provisions of this act shall be by ordinance or resolution and such ordinance or resolution shall be subject to the same provisions regarding procedure and executive veto as are applicable to other ordinances or resolutions of the legislative body.
History:
1949, Act 208, Eff. Sept. 23, 1949
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 208 of 1949 - Neighborhood Area Improvements (125.941 - 125.952) › Section 125.951a - Neighborhood Areas in Municipalities; Designation of Administrative Agency.

125.951a Neighborhood areas in municipalities; designation of administrative agency.
Sec. 11a.
The local legislative body may designate an administrative agency to be responsible for the administration of this act and shall establish regulations for the guidance of the agency in the effectuation of the purposes of this act.
History:
Add. 1961, Act 136, Imd. Eff. May 31, 1961
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 208 of 1949 - Neighborhood Area Improvements (125.941 - 125.952) › Section 125.952 - Powers Granted.

125.952 Powers granted.
Sec. 12.
The powers granted in this act shall be in addition to the powers granted to municipalities, the legislative bodies thereof and other officials and bodies thereof under the statutes and local charters. Nothing herein contained shall be construed to amend or repeal any of the provisions of Act No. 18 of the Public Acts of the Extra Session of 1933.
History:
1949, Act 208, Eff. Sept. 23, 1949
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 323 of 1966 - Housing for Persons Displaced by Urban Renewal (125.961 - 125.963) › Section 125.961 - Urban Renewal; Relocation of Occupants by Condemning Unit.

125.961 Urban renewal; relocation of occupants by condemning unit.
Sec. 1.
The final relocation of residents under urban renewal shall not occur until relocation of the occupants of such property in standard residential dwellings is assured by the condemning unit of government. This assurance shall include the opportunity to purchase or rent available standard residential dwellings in areas of their choice within the geographical boundaries of the unit of government acquiring the property within their reasonable means free from discrimination of any kind.
History:
1966, Act 323, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 323 of 1966 - Housing for Persons Displaced by Urban Renewal (125.961 - 125.963) › Section 125.962 - Renewal of Substandard Residential Area With New Housing; Relocation of Residence.

125.962 Renewal of substandard residential area with new housing; relocation of residence.
Sec. 2.
In case of urban renewal of a substandard residential area with new housing including the relocation of 200 or more occupied dwelling units the unit of government in which the project is located shall assure available land or housing for either rental or purchase in the same general area by low and middle income families. The urban renewal shall proceed in such a manner as to assure after a part of the area has been cleared that such housing shall be provided and ready for occupancy before any further removal of residents of the area. Residents of the area faced with relocation may relocate elsewhere as provided in section 1 or on a priority basis in the new housing provided under this section.
History:
1966, Act 323, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 323 of 1966 - Housing for Persons Displaced by Urban Renewal (125.961 - 125.963) › Section 125.963 - Neighborhood Advisory Council; Consultations With Local Government Agency; Records.

125.963 Neighborhood advisory council; consultations with local government agency; records.
Sec. 3.
The chief executive officer of the city, village or township shall appoint a neighborhood advisory council of citizens representative of and living in the area from which persons are to be displaced because of any urban renewal project. The designated local governmental agency shall periodically consult with and inform the advisory council regarding all aspects of the report and plan throughout the period of preparation of the report and plan. A record of meetings, information and data presented by and to the advisory council shall be maintained by the designated local governmental agency and a summary thereof shall be included in any report on the project.
History:
1966, Act 323, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 167 of 1952 - Issuance of Bonds for Slum Clearance and Redevelopment (125.971 - 125.971) › Section 125.971 - Clearance of Slum or Blighted Areas; Issuance of Bonds by Cities, Maximum, Sale.

125.971 Clearance of slum or blighted areas; issuance of bonds by cities, maximum, sale.
Sec. 1.
Any city which has been or is financing the cost of clearance, reconstruction or redevelopment of slum or blighted areas, including land acquisition, demolition or other land preparation work, by tax levies or through tax obligations is authorized to issue bonds or other obligations of the type and character authorized by and issued pursuant to Act No. 18 of the Public Acts of the Extra Session of 1933, as amended, being sections 125.651 to 125.698, inclusive, of the Compiled Laws of 1948, or Act No. 344 of the Public Acts of 1945, as amended, being sections 125.71 to 125.83, inclusive, of the Compiled Laws of 1948, for the purpose of reimbursement to the city for the amount, or any part thereof, of the proceeds of such tax levies and tax obligations expended since January 1, 1950, for such purposes: Provided, The maximum principal amount of such bonds or other obligations that may be issued therefor under such acts shall not in any event exceed the total amount of the proceeds of such tax levies and tax obligations thus expended or the total amount of any such bonds or obligations which the federal government under title I of the housing act of 1949 agrees to purchase, whichever is the lesser amount. Any such city is hereby authorized to enter into contracts for the sale of and to sell to the federal government any of the bonds or obligations authorized to be issued under this act, upon such terms and conditions as may be mutually agreed upon between such city and the federal government.
History:
1952, Act 167, Imd. Eff. Apr. 24, 1952
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 120 of 1961 - Principal Shopping Districts and Business Improvement Districts (125.981 - 125.990n) › 120-1961-1 - Chapter 1 Principal Shopping District (125.981...125.987) › Section 125.982 - Principal Shopping District Project or Business Improvement Project; Methods or Criteria for Financing Costs.

125.982 Principal shopping district project or business improvement project; methods or criteria for financing costs.
Sec. 2.
(1) The cost of the whole or any part of a principal shopping district project or business improvement district project as authorized in this chapter may be financed by 1 or more of the following methods:
(a) Grants and gifts to the local governmental unit or district.
(b) Local governmental unit funds.
(c) The issuance of general obligation bonds of the local governmental unit subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
(d) The issuance of revenue bonds by the local governmental unit under the revenue bond act of 1933, 1933 PA 94, MCL 141.101 to 141.140, or under any other applicable revenue bond act. The issuance of the bonds shall be limited to the part or parts of the district project that are public improvements.
(e) The levying of special assessments against land or interests in land, or both.
(f) Any other source.
(2) Beginning January 1, 2000, the proceeds of a bond, note, or other obligation issued to finance a project authorized under this chapter shall be used for capital expenditures, costs of a reserve fund securing the bonds, notes, or other obligations, and costs of issuing the bonds, notes, or other obligations. The proceeds of the bonds, notes, or other obligations shall not be used for operational expenses of a district.
History:
1961, Act 120, Imd. Eff. May 26, 1961 ;-- Am. 1980, Act 287, Imd. Eff. Oct. 14, 1980 ;-- Am. 1984, Act 260, Imd. Eff. Dec. 13, 1984 ;-- Am. 1992, Act 146, Imd. Eff. July 15, 1992 ;-- Am. 1999, Act 49, Imd. Eff. June 15, 1999 ;-- Am. 2001, Act 261, Imd. Eff. Jan. 9, 2002 ;-- Am. 2003, Act 209, Imd. Eff. Nov. 26, 2003
Popular Name:
Shopping Areas Redevelopment Act
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 120 of 1961 - Principal Shopping Districts and Business Improvement Districts (125.981 - 125.990n) › 120-1961-1 - Chapter 1 Principal Shopping District (125.981...125.987) › Section 125.983 - District Project as Public Improvement.

125.983 District project as public improvement.
Sec. 3.
A district project as authorized under this chapter is a public improvement. The use in this chapter of the term "public improvement" does not prevent the levying of a special assessment for the cost of a part of a district project that represents special benefits.
History:
1961, Act 120, Imd. Eff. May 26, 1961 ;-- Am. 1992, Act 146, Imd. Eff. July 15, 1992 ;-- Am. 1999, Act 49, Imd. Eff. June 15, 1999 ;-- Am. 2001, Act 261, Imd. Eff. Jan. 9, 2002
Popular Name:
Shopping Areas Redevelopment Act
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 120 of 1961 - Principal Shopping Districts and Business Improvement Districts (125.981 - 125.990n) › 120-1961-1 - Chapter 1 Principal Shopping District (125.981...125.987) › Section 125.984 - Development or Redevelopment of District; Single Improvement.

125.984 Development or redevelopment of district; single improvement.
Sec. 4.
The development or redevelopment of a district, including the various phases of the development or redevelopment, is 1 project and, in the discretion of the governing body of the local governmental unit, may be financed as a single improvement.
History:
1961, Act 120, Imd. Eff. May 26, 1961 ;-- Am. 1992, Act 146, Imd. Eff. July 15, 1992 ;-- Am. 1999, Act 49, Imd. Eff. June 15, 1999 ;-- Am. 2003, Act 209, Imd. Eff. Nov. 26, 2003
Popular Name:
Shopping Areas Redevelopment Act
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 120 of 1961 - Principal Shopping Districts and Business Improvement Districts (125.981 - 125.990n) › 120-1961-1 - Chapter 1 Principal Shopping District (125.981...125.987) › Section 125.986 - Special Assessments; Off-Street Parking Lots or Structures.

125.986 Special assessments; off-street parking lots or structures.
Sec. 6.
If off-street parking lots or structures are essential to the principal shopping district project, if 1 or more off-street parking lots or structures are already owned by the local governmental unit and were acquired through the issuance of revenue bonds, and if the remaining parking lots or structures are to be financed in whole or in part by special assessments and special assessment bonds, then the local governmental unit, to place all parking lots or structures on the same basis, may include as a part of the cost of parking lots or structures for the project the amount necessary to retire all or any part of the outstanding revenue bonds, inclusive of any premium not exceeding 5% necessary to be paid upon the redemption or purchase of those outstanding bonds. From the proceeds of the special assessments or from the sale of bonds issued in anticipation of the payment of the special assessments, the local governmental unit shall retire by redemption or purchase the outstanding revenue bonds. This section does not authorize the refunding of noncallable bonds without the consent of the holders of the bonds.
History:
1961, Act 120, Eff. May 26, 1961 ;-- Am. 1992, Act 146, Imd. Eff. July 15, 1992 ;-- Am. 2003, Act 209, Imd. Eff. Nov. 26, 2003
Popular Name:
Shopping Areas Redevelopment Act
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 120 of 1961 - Principal Shopping Districts and Business Improvement Districts (125.981 - 125.990n) › 120-1961-1 - Chapter 1 Principal Shopping District (125.981...125.987) › Section 125.987 - Additional Powers.

125.987 Additional powers.
Sec. 7.
The powers granted by this chapter are in addition to and not in derogation of any other powers granted by law or charter.
History:
Add. 1992, Act 146, Imd. Eff. July 15, 1992 ;-- Am. 2001, Act 261, Imd. Eff. Jan. 9, 2002
Popular Name:
Shopping Areas Redevelopment Act
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 120 of 1961 - Principal Shopping Districts and Business Improvement Districts (125.981 - 125.990n) › 120-1961-2 - Chapter 2 Business Improvement Zone (125.990...125.990n) › Section 125.990b - Business Improvement Zone; Establishment Within City or Village; Allocation of Assessments.

***** 125.990b THIS SECTION IS AMENDED EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE: See 125.990b.amended *****
125.990b Business improvement zone; establishment within city or village; allocation of assessments.
Sec. 10b.
(1) One or more business improvement zones may be established within a city or village.
(2) The zone plan shall allocate assessments on the basis of the benefit to assessable property. A zone area shall be contiguous, with the exception of public streets, alleys, parks, and other public rights-of-way.
(3) A business improvement zone may be established in a city or village even if the city or village has established a principal shopping district or business improvement district under chapter 1. Assessable property shall not be included in any of the following:
(a) More than 1 business improvement zone established under this chapter.
(b) Both a principal shopping district and a business improvement district established under chapter 1.
History:
Add. 2001, Act 260, Eff. Mar. 1, 2002 ;-- Am. 2013, Act 126, Imd. Eff. Oct. 9, 2013 ;-- Am. 2020, Act 91, Imd. Eff. June 16, 2020
Popular Name:
Shopping Areas Redevelopment Act
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 120 of 1961 - Principal Shopping Districts and Business Improvement Districts (125.981 - 125.990n) › 120-1961-2 - Chapter 2 Business Improvement Zone (125.990...125.990n) › Section 125.990b.amended - Business Improvement Zone; Establishment Within City or Village; Basis for Allocation of Assessments.

***** 125.990b.amended THIS AMENDED SECTION IS EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE *****
125.990b.amended Business improvement zone; establishment within city or village; basis for allocation of assessments.
Sec. 10b.
(1) One or more business improvement zones may be established within a city or village.
(2) A zone area must be contiguous, with the exception of public streets, alleys, parks, and other public rights-of-way.
(3) A business improvement zone may be established in a city or village even if the city or village has established a principal shopping district or business improvement district under chapter 1. Assessable property must not be included in any of the following:
(a) More than 1 business improvement zone established under this chapter.
(b) Both a principal shopping district and a business improvement district established under chapter 1.
(4) A zone plan may provide for assessments. If a zone plan provides for assessments, the zone plan must include a basis for the allocation of assessments in compliance with section 10h on the basis of 1 or more of the following:
(a) Assessed value.
(b) Taxable value.
(c) Square footage.
(d) Street frontage.
(e) Any other factor relating to assessable property identified in the zone plan.
(5) If the zone plan for a zone area provides a basis for the allocation of assessments on the basis of assessed value, the majority of all properties within the zone area, both by assessed value and square footage, must be assessable property.
(6) If the zone plan for a zone area provides a basis for the allocation of assessments on a basis other than assessed value, the majority of all properties within the zone area, both by taxable value and square footage, must be assessable property.
(7) A zone plan may provide for caps on the assessment amounts paid by an owner of assessable property and for caps on the growth of assessment amounts.
History:
Add. 2001, Act 260, Eff. Mar. 1, 2002 ;-- Am. 2013, Act 126, Imd. Eff. Oct. 9, 2013 ;-- Am. 2020, Act 91, Imd. Eff. June 16, 2020 ;-- Am. 2023, Act 79, Eff. (sine die)
Popular Name:
Shopping Areas Redevelopment Act
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 120 of 1961 - Principal Shopping Districts and Business Improvement Districts (125.981 - 125.990n) › 120-1961-2 - Chapter 2 Business Improvement Zone (125.990...125.990n) › Section 125.990c - Initiation by Delivery of Petition.

***** 125.990c THIS SECTION IS AMENDED EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE: See 125.990c.amended *****
125.990c Initiation by delivery of petition.
Sec. 10c.
A person may initiate the establishment of a business improvement zone by the delivery of a petition to the clerk of the city or village in which a proposed zone area is located. The petition shall include all of the following:
(a) An attached map and description of the geographic boundaries of the zone area sufficient to identify each assessable property included.
(b) The signatures of property owners of parcels representing not less than 30% of the property owners within the zone area.
(c) An attached listing, by tax parcel identification number, of all parcels within the zone area, separately identifying assessable property.
(d) An attached zone plan, which shall include all of the following:
(i) The proposed initial board of directors for the zone, including no less than 1 owner of residential real property if residential real property is determined assessable property by the local governmental unit under section 10, except for a member of the board of directors who may be appointed by the city or village under section 10g(2).
(ii) The method for removal, appointment, and replacement of the board.
(iii) A description of projects planned during the qualifying period, including the scope, nature, and duration of the projects.
(iv) An estimate of the total amount of expenditures for projects planned during the qualifying period.
(v) The proposed source or sources of financing for the projects.
(vi) If the proposed financing includes assessments, the projected amount or rate of the assessments for each year and the formula to be used in allocating the assessment to be imposed on the basis of the benefit to assessable property.
(vii) A plan of dissolution for the business improvement zone.
(viii) Beginning on the effective date of the amendatory act that added this subparagraph, the number of calendar years in the qualifying period, not more than 10 calendar years and not less than 7 calendar years.
(e) A formula for allocating assessments in the zone area that is based on the benefit to assessable property.
History:
Add. 2001, Act 260, Eff. Mar. 1, 2002 ;-- Am. 2013, Act 126, Imd. Eff. Oct. 9, 2013 ;-- Am. 2018, Act 262, Imd. Eff. June 28, 2018 ;-- Am. 2020, Act 91, Imd. Eff. June 16, 2020
Popular Name:
Shopping Areas Redevelopment Act
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 120 of 1961 - Principal Shopping Districts and Business Improvement Districts (125.981 - 125.990n) › 120-1961-2 - Chapter 2 Business Improvement Zone (125.990...125.990n) › Section 125.990c.amended - Initiation by Delivery of Petition.

***** 125.990c.amended THIS AMENDED SECTION IS EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE *****
125.990c.amended Initiation by delivery of petition.
Sec. 10c.
A person may initiate the establishment of a business improvement zone by the delivery of a petition to the clerk of the city or village in which a proposed zone area is located. The petition must include all of the following:
(a) An attached map and description of the geographic boundaries of the zone area sufficient to identify each assessable property included.
(b) The signatures of property owners of parcels of assessable property within the zone area, or their authorized agents, representing not less than 30% of the property owners of assessable property within the zone area. In determining whether the threshold under this subdivision is met, the number of required signatures must be determined and the signatures of property owners must be allocated, in the same manner as any proportional vote provided in the proposed zone plan under subdivision (d).
(c) An attached listing, by tax parcel identification number, of all parcels within the zone area, separately identifying assessable property.
(d) An attached zone plan, which must include all of the following:
(i) The proposed initial board of directors for the zone, except for a member of the board of directors who may be appointed by the city or village under section 10g(2).
(ii) The method for removal, appointment, and replacement of the members of the board.
(iii) A description of projects planned during the qualifying period, including the scope, nature, and duration of the projects.
(iv) An estimate of the total amount of expenditures for projects planned during the qualifying period.
(v) The proposed source or sources of financing for the projects planned during the qualifying period.
(vi) If the proposed financing includes assessments, the projected amount or rate of the assessments for each year and the basis to be used in allocating the assessment to be imposed on assessable property.
(vii) A plan of dissolution for the business improvement zone.
(viii) Beginning on June 28, 2018, the number of calendar years in the qualifying period, not more than 10 calendar years and not less than 7 calendar years.
(ix) If proportional voting will apply, a description of the proportional voting mechanism to be used or, if proportional voting will not apply, a statement to that effect.
(e) A basis for allocating assessments in the zone area that is consistent with section 10b.
History:
Add. 2001, Act 260, Eff. Mar. 1, 2002 ;-- Am. 2013, Act 126, Imd. Eff. Oct. 9, 2013 ;-- Am. 2018, Act 262, Imd. Eff. June 28, 2018 ;-- Am. 2020, Act 91, Imd. Eff. June 16, 2020 ;-- Am. 2023, Act 79, Eff. (sine die)
Popular Name:
Shopping Areas Redevelopment Act
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 120 of 1961 - Principal Shopping Districts and Business Improvement Districts (125.981 - 125.990n) › 120-1961-2 - Chapter 2 Business Improvement Zone (125.990...125.990n) › Section 125.990d - Repealed. 2013, Act 126, Imd. Eff. Oct. 9, 2013.

125.990d Repealed. 2013, Act 126, Imd. Eff. Oct. 9, 2013.
Compiler's Notes:
The repealed section pertained to adoption of zone plan at public meeting.
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 120 of 1961 - Principal Shopping Districts and Business Improvement Districts (125.981 - 125.990n) › 120-1961-2 - Chapter 2 Business Improvement Zone (125.990...125.990n) › Section 125.990f - Voting; Eligibility; Conduct; Question; Adoption of Business Improvement Zone and Zone Plan; Expenses; Duration; Compliance With State and Federal Laws; Immunity of City or Village.

***** 125.990f THIS SECTION IS AMENDED EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE: See 125.990f.amended *****
125.990f Voting; eligibility; conduct; question; adoption of business improvement zone and zone plan; expenses; duration; compliance with state and federal laws; immunity of city or village.
Sec. 10f.
(1) All property owners as of the date of the delivery of the petition as provided in section 10c are eligible to participate in the election. The election shall be conducted by mail. The question to be voted on by the property owners is the adoption of the zone plan and the establishment of the business improvement zone, including the identity of the initial board.
(2) A zone plan and the proposal for the establishment of a business improvement zone, including the identity of the initial board, shall be considered adopted upon the approval of more than 60% of the property owners voting in the election.
(3) Upon acceptance or rejection of a business improvement zone and zone plan by the property owners, the resulting business improvement zone or the person filing the petition under section 10c shall, at the request of the city or village, reimburse the city or village for all or a portion of the reasonable expenses incurred to comply with this chapter. The governing body of the city or village may forgive and choose not to collect all or a portion of the reasonable expenses incurred to comply with this chapter.
(4) Adoption of a business improvement zone and zone plan under this section authorizes the creation of the business improvement zone and the implementation of the zone plan for the qualifying period.
(5) Adoption of a business improvement zone and zone plan under this section and the creation of the business improvement zone does not relieve the business improvement zone from following, or does not waive any rights of the city or village to enforce, any applicable laws, statutes, or ordinances. A business improvement zone created under this chapter shall comply with all applicable state and federal laws.
(6) To the extent not protected by the immunity conferred by 1964 PA 170, MCL 691.1401 to 691.1419, a city or village that approves a business improvement zone within its boundaries is immune from civil or administrative liability arising from any actions of that business improvement zone.
History:
Add. 2001, Act 260, Eff. Mar. 1, 2002 ;-- Am. 2013, Act 126, Imd. Eff. Oct. 9, 2013 ;-- Am. 2018, Act 262, Imd. Eff. June 28, 2018 ;-- Am. 2020, Act 91, Imd. Eff. June 16, 2020
Popular Name:
Shopping Areas Redevelopment Act
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 120 of 1961 - Principal Shopping Districts and Business Improvement Districts (125.981 - 125.990n) › 120-1961-2 - Chapter 2 Business Improvement Zone (125.990...125.990n) › Section 125.990g - Board of Directors; Management of Day-to-Day Activities; Members; Duties and Responsibilities; Reimbursement.

***** 125.990g THIS SECTION IS AMENDED EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE: See 125.990g.amended *****
125.990g Board of directors; management of day-to-day activities; members; duties and responsibilities; reimbursement.
Sec. 10g.
(1) The day-to-day activities of the business improvement zone and implementation of the zone plan shall be managed by a board of directors.
(2) The board shall consist of an odd number of directors and shall not be smaller than 5 and not larger than 15 in number. The board may include 1 director nominated by the chief executive of the city or village and confirmed by the governing body of the city or village. The board shall include no less than 1 owner of residential real property if residential real property is determined assessable property by the local governmental unit under section 10. A nomination not disapproved by a governing body within 60 days shall stand confirmed.
(3) The duties and responsibilities of the board shall be prescribed in the zone plan and to the extent applicable shall include all of the following duties and responsibilities:
(a) Developing administrative procedures relating to the implementation of the zone plan.
(b) Recommending amendments to the zone plan.
(c) Scheduling and conducting an annual meeting of the property owners.
(d) Developing a zone plan for the next qualifying period.
(4) Members of the board shall serve without compensation. However, members of the board may be reimbursed for their actual and necessary expenses incurred in the performance of their official duties as members of the board.
History:
Add. 2001, Act 260, Eff. Mar. 1, 2002 ;-- Am. 2013, Act 126, Imd. Eff. Oct. 9, 2013 ;-- Am. 2018, Act 262, Imd. Eff. June 28, 2018 ;-- Am. 2020, Act 91, Imd. Eff. June 16, 2020
Popular Name:
Shopping Areas Redevelopment Act
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 120 of 1961 - Principal Shopping Districts and Business Improvement Districts (125.981 - 125.990n) › 120-1961-2 - Chapter 2 Business Improvement Zone (125.990...125.990n) › Section 125.990g.amended - Management of Day-to-Day Activities; Members; Duties and Responsibilities; Reimbursement.

***** 125.990g.amended THIS AMENDED SECTION IS EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE *****
125.990g.amended Management of day-to-day activities; members; duties and responsibilities; reimbursement.
Sec. 10g.
(1) The board shall manage the activities of the business improvement zone and implementation of the zone plan.
(2) The board must consist of an odd number of directors and must not be smaller than 5 and not larger than 15 in number. The board may include 1 director nominated by the chief executive of the city or village and confirmed by the governing body of the city or village. A nomination not disapproved by a governing body within 60 days stands confirmed.
(3) The duties and responsibilities of the board must be prescribed in the zone plan and to the extent applicable must include all of the following duties and responsibilities:
(a) Developing administrative procedures relating to the implementation of the zone plan.
(b) Recommending amendments to the zone plan.
(c) Scheduling and conducting an annual meeting of the property owners.
(d) Developing a zone plan for the next qualifying period.
(4) Members of the board shall serve without compensation. However, members of the board may be reimbursed for their actual and necessary expenses incurred in the performance of their official duties as members of the board.
History:
Add. 2001, Act 260, Eff. Mar. 1, 2002 ;-- Am. 2013, Act 126, Imd. Eff. Oct. 9, 2013 ;-- Am. 2018, Act 262, Imd. Eff. June 28, 2018 ;-- Am. 2020, Act 91, Imd. Eff. June 16, 2020 ;-- Am. 2023, Act 80, Eff. (sine die)
Popular Name:
Shopping Areas Redevelopment Act
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 120 of 1961 - Principal Shopping Districts and Business Improvement Districts (125.981 - 125.990n) › 120-1961-2 - Chapter 2 Business Improvement Zone (125.990...125.990n) › Section 125.990i - Audit.

125.990i Audit.
Sec. 10i.
(1) Expenses incurred in implementing any project or service of a business improvement zone shall be financed in accordance with the zone plan.
(2) Assessment revenues under section 10h are the funds of the business improvement zone and not funds of the state or of the city or village in which the business improvement zone is located. All money collected under section 10h shall be deposited in a financial institution in the name of the business improvement zone. Assessment revenues may be deposited in an interest generating account. The business improvement zone shall use the funds only to implement the zone plan.
(3) All expenditures by a business improvement zone shall be audited annually by a certified public accountant. The audit shall be completed within 9 months of the close of the fiscal year of the business improvement zone. Within 30 days after completion of an audit, the certified public accountant shall transmit a copy of the audit to the board and make copies of the audit available to the property owners and the public.
(4) If an annual audit required by this section contains material exceptions, the board of the business improvement zone shall within 90 days of the delivery of the audit adopt a plan to remedy the exceptions and forward a copy of that plan to the city or village in which the business improvement zone is located.
(5) The board shall publish an annual activity and financial report. The report shall be available to the public. Each year, every property owner shall be notified of the availability of the annual activity and financial report.
(6) As used in this section, "financial institution" means a state or nationally chartered bank or a state or federally chartered savings and loan association, savings bank, or credit union whose deposits are insured by an agency of the United States government and that maintains a principal office or branch office located in this state under the laws of this state or of the United States.
History:
Add. 2001, Act 260, Eff. Mar. 1, 2002 ;-- Am. 2013, Act 126, Imd. Eff. Oct. 9, 2013
Popular Name:
Shopping Areas Redevelopment Act
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 120 of 1961 - Principal Shopping Districts and Business Improvement Districts (125.981 - 125.990n) › 120-1961-2 - Chapter 2 Business Improvement Zone (125.990...125.990n) › Section 125.990j - Zone Plan Amendment.

***** 125.990j THIS SECTION IS AMENDED EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE: See 125.990j.amended *****
125.990j Zone plan amendment.
Sec. 10j.
A zone plan may be amended. Amendments shall be effective if approved by a majority of the property owners voting on the amendment at the annual meeting of property owners or a special meeting called for that purpose. A zone plan amendment changing any assessment is effective only if also approved by the governing body of the city or village in which the business improvement zone is located.
History:
Add. 2001, Act 260, Eff. Mar. 1, 2002 ;-- Am. 2020, Act 91, Imd. Eff. June 16, 2020
Popular Name:
Shopping Areas Redevelopment Act