reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 75 of 1995 - Empowerment Zone Development Corporation Act (125.2561 - 125.2591) › Section 125.2569 - Articles of Incorporation; Filing; Validity.

125.2569 Articles of incorporation; filing; validity.
Sec. 9.
(1) If the governing body approves both the application to incorporate the corporation and the articles of incorporation, the clerk of the municipality shall file the original of the articles of incorporation with the department of commerce and 1 copy in his or her office after certifying that the copy is a true and accurate copy of the original articles of incorporation.
(2) The corporation is incorporated at the time the articles of incorporation are filed with the department of commerce. The validity of the incorporation shall be conclusively presumed unless challenged in a court of competent jurisdiction not more than 60 days after the incorporation.
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 125.2571 - Incorporation of More Than 1 Corporation Prohibited.

125.2571 Incorporation of more than 1 corporation prohibited.
Sec. 11.
A municipality shall not approve incorporation of more than 1 corporation under this 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 125.2575 - Board of Directors; Appointment; Terms; Expiration of Term; Compensation and Expenses.

125.2575 Board of directors; appointment; terms; expiration of term; compensation and expenses.
Sec. 15.
(1) The board of directors shall be appointed for staggered terms as prescribed by an ordinance of the municipality.
(2) A director whose term of office has expired shall continue to hold office until the chief executive officer appoints the director's successor, with the approval of the municipality's governing body.
(3) A director shall serve without compensation, but may be reimbursed for the actual expenses incurred in the performance of his or her official duties.
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 125.2577 - Disclosure of Interest in Matter Before Corporation.

125.2577 Disclosure of interest in matter before corporation.
Sec. 17.
A director who has either a direct or indirect interest in a matter before the corporation shall disclose that interest before the corporation takes action on the matter. This disclosure shall be made a part of the record of the corporation's official proceedings and the interested director shall refrain from participation in the corporation relating to the matter.
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 125.2579 - Board of Directors; Quorum.

125.2579 Board of directors; quorum.
Sec. 19.
The number of board members required to make a quorum for the transaction of corporation business shall be prescribed by an ordinance of the municipality.
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 125.2581 - Corporation; Powers and Duties.

125.2581 Corporation; powers and duties.
Sec. 21.
(1) The corporation has the powers and duties to do all of the following:
(a) Coordinate, review, recommend prioritization of, monitor, and evaluate the programs of the agencies implementing the strategic plan to ensure the achievement of benchmarks and timetables as detailed in that strategic plan.
(b) Solicit and accept gifts, donations, in-kind services, grants, loans, appropriations, or other money from a federal, state, local, or private source for operating expenses.
(c) Acquire, hold, lease, or dispose of real or personal property necessary or convenient to accomplish the purposes of this act.
(d) Procure the director's bond and liability insurance that are prescribed by an ordinance of the municipality.
(e) Submit to the chief executive officer and the governing body of the municipality periodic progress, financial, and performance reviews, and other reports considered necessary by the chief executive officer and the governing body of the municipality. These reports shall be made available to the public by the municipality upon request.
(f) With the concurrence of the municipality by its governing body and chief executive officer, modify the strategic plan, except as precluded by federal, state, or local law.
(g) Possess all other powers necessary and appropriate that are not inconsistent with federal, state, or local law to coordinate, review, recommend prioritization of, monitor, and evaluate the programs of the agencies implementing the strategic plan as detailed in that strategic plan.
(2) The municipality may assign by ordinance to the corporation additional powers and duties to the extent not prohibited by state law.
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 125.2583 - Corporation; Dissolution.

125.2583 Corporation; dissolution.
Sec. 23.
(1) A corporation that completes the duties enumerated in section 21(1)(a) shall be dissolved by the adoption of a resolution by a majority of 2/3 of the members of the board of directors. The resolution shall be approved by a majority of the members of the governing body of the municipality. After approval of the resolution, the clerk of the municipality shall file a copy of the resolution with the department of commerce.
(2) Net assets of the corporation that are in excess of that amount necessary to retire indebtedness or to complete the duties enumerated in section 21(1)(a) shall inure to the benefit of the municipality, and not to another person or entity. Upon dissolution of the corporation, title to all corporate real and personal property vests in the municipality, and possession of all corporate money transfers to the municipality to be used exclusively for charitable or public purposes.
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 125.2585 - Imposition of Sanctions; Basis; Approval.

125.2585 Imposition of sanctions; basis; approval.
Sec. 25.
The chief executive officer of the municipality may impose sanctions upon the corporation based on periodic performance reviews as prescribed by an ordinance of the municipality and with the approval of the governing body of the municipality.
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 125.2587 - Proceedings Under Powers of Eminent Domain; Taking and Transfer of Property; Terms and Conditions.

125.2587 Proceedings under powers of eminent domain; taking and transfer of property; terms and conditions.
Sec. 27.
In order to accomplish the purposes of this act, a municipality may institute and prosecute proceedings under its powers of eminent domain in accordance with state law or local charter. The taking and transfer of public and private property by the municipality for use in a project set forth in a strategic plan may be on terms and conditions that the municipality considers appropriate and shall be considered necessary for the benefit of the public.
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 125.2589 - Construction of Act.

125.2589 Construction of act.
Sec. 29.
This act shall be liberally construed to effectuate its purposes.
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 125.2591 - Authority of Act in Addition to Power of Municipality.

125.2591 Authority of act in addition to power of municipality.
Sec. 31.
The authority given by this act shall be in addition to and not in derogation of the power of a municipality existing under statutory or charter provisions.
History:
1995, Act 75, Imd. Eff. June 13, 1995
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 123 of 1995 - Enterprise Community Development Corporation Act (125.2601 - 125.2631) › Section 125.2601 - Short Title.

125.2601 Short title.
Sec. 1.
This act shall be known and may be cited as the "enterprise community development corporation act".
History:
1995, Act 123, Imd. Eff. June 30, 1995
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 123 of 1995 - Enterprise Community Development Corporation Act (125.2601 - 125.2631) › Section 125.2603 - Legislative Findings.

125.2603 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 enterprise community 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 123, Imd. Eff. June 30, 1995
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 123 of 1995 - Enterprise Community Development Corporation Act (125.2601 - 125.2631) › Section 125.2605 - Definitions.

125.2605 Definitions.
Sec. 5.
As used in this act:
(a) "Board" means the board of directors of an enterprise community 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 enterprise community development corporation organized under this act.
(d) "Enterprise community" means an area designated as an enterprise community by the United States department of housing and urban development or the United States department of agriculture.
(e) "Governing body" means the body in which the legislative powers of a municipality are vested.
(f) "Municipality" means a county, city, village, or township.
(g) "Strategic plan" means a plan agreed to by this state and a municipality concerning an enterprise community that includes both of the following:
(i) Certification of the authority to adopt a strategic plan in an application for nomination as an enterprise community under applicable federal regulations.
(ii) A written commitment of this state and the municipality to adhere to the plan.
(h) "Substantial interest" means 1 or more of the following:
(i) Owning real property or a business located in the enterprise community.
(ii) Having a substantial demonstrable interest in real property or in a business located in the enterprise community.
(iii) Engaging in activities to improve the social and economic conditions of the enterprise community.
History:
1995, Act 123, Imd. Eff. June 30, 1995
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 123 of 1995 - Enterprise Community Development Corporation Act (125.2601 - 125.2631) › Section 125.2607 - Enterprise Community Development Corporation; Application for Incorporation; Notice; Public Hearing; Process for Approving Articles of Incorporation and Bylaws.

125.2607 Enterprise community 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 enterprise community development corporation on behalf of the municipality. The application shall include proposed articles of incorporation and proposed bylaws. The name of the corporation shall be "the enterprise community 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 enterprise community.
(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 123, Imd. Eff. June 30, 1995
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 123 of 1995 - Enterprise Community Development Corporation Act (125.2601 - 125.2631) › Section 125.2609 - Articles of Incorporation; Filing; Validity.

125.2609 Articles of incorporation; filing; validity.
Sec. 9.
(1) If the governing body approves both the application to incorporate the corporation and the articles of incorporation, the clerk of the municipality shall file the original of the articles of incorporation with the department of commerce and 1 copy in his or her office after certifying that the copy is a true and accurate copy of the original articles of incorporation.
(2) The corporation is incorporated at the time the articles of incorporation are filed with the department of commerce. The validity of the incorporation shall be conclusively presumed unless challenged in a court of competent jurisdiction not more than 60 days after the incorporation.
History:
1995, Act 123, Imd. Eff. June 30, 1995
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 123 of 1995 - Enterprise Community Development Corporation Act (125.2601 - 125.2631) › Section 125.2611 - Incorporation of More Than 1 Corporation Prohibited.

125.2611 Incorporation of more than 1 corporation prohibited.
Sec. 11.
A municipality shall not approve incorporation of more than 1 corporation under this act.
History:
1995, Act 123, Imd. Eff. June 30, 1995
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 123 of 1995 - Enterprise Community Development Corporation Act (125.2601 - 125.2631) › Section 125.2615 - Board of Directors; Appointment; Terms; Expiration of Term; Compensation and Expenses.

125.2615 Board of directors; appointment; terms; expiration of term; compensation and expenses.
Sec. 15.
(1) The board of directors shall be appointed for staggered terms as prescribed by an ordinance of the municipality.
(2) A director whose term of office has expired shall continue to hold office until the chief executive officer appoints the director's successor, with the approval of the municipality's governing body.
(3) A director shall serve without compensation, but may be reimbursed for the actual expenses incurred in the performance of his or her official duties.
History:
1995, Act 123, Imd. Eff. June 30, 1995
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 123 of 1995 - Enterprise Community Development Corporation Act (125.2601 - 125.2631) › Section 125.2617 - Disclosure of Interest in Matter Before Corporation.

125.2617 Disclosure of interest in matter before corporation.
Sec. 17.
A director who has either a direct or indirect interest in a matter before the corporation shall disclose that interest before the corporation takes action on the matter. This disclosure shall be made a part of the record of the corporation's official proceedings and the interested director shall refrain from participation in the corporation relating to the matter.
History:
1995, Act 123, Imd. Eff. June 30, 1995
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 123 of 1995 - Enterprise Community Development Corporation Act (125.2601 - 125.2631) › Section 125.2619 - Board of Directors; Quorum.

125.2619 Board of directors; quorum.
Sec. 19.
The number of board members required to make a quorum for the transaction of corporation business shall be prescribed by an ordinance of the municipality.
History:
1995, Act 123, Imd. Eff. June 30, 1995
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 123 of 1995 - Enterprise Community Development Corporation Act (125.2601 - 125.2631) › Section 125.2621 - Corporation; Powers and Duties.

125.2621 Corporation; powers and duties.
Sec. 21.
(1) The corporation has the powers and duties to do all of the following:
(a) Coordinate, review, recommend prioritization of, monitor, and evaluate the programs of the agencies implementing the strategic plan to ensure the achievement of benchmarks and timetables as detailed in that strategic plan.
(b) Solicit and accept gifts, donations, in-kind services, grants, loans, appropriations, or other money from a federal, state, local, or private source for operating expenses.
(c) Acquire, hold, lease, or dispose of real or personal property necessary or convenient to accomplish the purposes of this act.
(d) Procure the director's bond and liability insurance that are prescribed by an ordinance of the municipality.
(e) Submit to the chief executive officer and the governing body of the municipality periodic progress, financial, and performance reviews, and other reports considered necessary by the chief executive officer and the governing body of the municipality. These reports shall be made available to the public by the municipality upon request.
(f) With the concurrence of the municipality by its governing body and chief executive officer, modify the strategic plan, except as precluded by federal, state, or local law.
(g) Possess all other powers necessary and appropriate that are not inconsistent with federal, state, or local law to coordinate, review, recommend prioritization of, monitor, and evaluate the programs of the agencies implementing the strategic plan as detailed in that strategic plan.
(2) The municipality may assign by ordinance to the corporation additional powers and duties to the extent not prohibited by state law.
History:
1995, Act 123, Imd. Eff. June 30, 1995
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 123 of 1995 - Enterprise Community Development Corporation Act (125.2601 - 125.2631) › Section 125.2623 - Corporation; Dissolution.

125.2623 Corporation; dissolution.
Sec. 23.
(1) A corporation that completes the duties enumerated in section 21(1)(a) shall be dissolved by the adoption of a resolution by a majority of 2/3 of the members of the board of directors. The resolution shall be approved by a majority of the members of the governing body of the municipality. After approval of the resolution, the clerk of the municipality shall file a copy of the resolution with the department of commerce.
(2) Net assets of the corporation that are in excess of that amount necessary to retire indebtedness or to complete the duties enumerated in section 21(1)(a) shall inure to the benefit of the municipality, and not to another person or entity. Upon dissolution of the corporation, title to all corporate real and personal property vests in the municipality, and possession of all corporate money transfers to the municipality to be used exclusively for charitable or public purposes.
History:
1995, Act 123, Imd. Eff. June 30, 1995
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 123 of 1995 - Enterprise Community Development Corporation Act (125.2601 - 125.2631) › Section 125.2625 - Imposition of Sanctions; Basis; Approval.

125.2625 Imposition of sanctions; basis; approval.
Sec. 25.
The chief executive officer of the municipality may impose sanctions upon the corporation based on periodic performance reviews as prescribed by an ordinance of the municipality and with the approval of the governing body of the municipality.
History:
1995, Act 123, Imd. Eff. June 30, 1995
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 123 of 1995 - Enterprise Community Development Corporation Act (125.2601 - 125.2631) › Section 125.2627 - Proceedings Under Powers of Eminent Domain; Taking and Transfer of Property; Terms and Conditions.

125.2627 Proceedings under powers of eminent domain; taking and transfer of property; terms and conditions.
Sec. 27.
In order to accomplish the purposes of this act, a municipality may institute and prosecute proceedings under its powers of eminent domain in accordance with state law or local charter. The taking and transfer of public and private property by the municipality for use in a project set forth in a strategic plan may be on terms and conditions that the municipality considers appropriate and shall be considered necessary for the benefit of the public.
History:
1995, Act 123, Imd. Eff. June 30, 1995
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 123 of 1995 - Enterprise Community Development Corporation Act (125.2601 - 125.2631) › Section 125.2629 - Construction of Act.

125.2629 Construction of act.
Sec. 29.
This act shall be liberally construed to effectuate its purposes.
History:
1995, Act 123, Imd. Eff. June 30, 1995
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 123 of 1995 - Enterprise Community Development Corporation Act (125.2601 - 125.2631) › Section 125.2631 - Authority of Act in Addition to Power of Municipality.

125.2631 Authority of act in addition to power of municipality.
Sec. 31.
The authority given by this act shall be in addition to and not in derogation of the power of a municipality existing under statutory or charter provisions.
History:
1995, Act 123, Imd. Eff. June 30, 1995
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 381 of 1996 - Brownfield Redevelopment Financing Act (125.2651 - 125.2672) › Section 125.2651 - Short Title.

125.2651 Short title.
Sec. 1.
This act shall be known and may be cited as the "brownfield redevelopment financing act".
History:
1996, Act 381, Eff. Sept. 16, 1996
Compiler's Notes:
For transfer of powers and duties of department of environmental quality to department of natural resources and environment, see E.R.O. No. 2009-31, compiled at MCL 324.99919.
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 381 of 1996 - Brownfield Redevelopment Financing Act (125.2651 - 125.2672) › Section 125.2653 - Brownfield Redevelopment Authority; Establishment; Exercise of Powers; Alteration or Amendment of Boundaries; Authority as Public Body Corporate; Written Agreement With County.

125.2653 Brownfield redevelopment authority; establishment; exercise of powers; alteration or amendment of boundaries; authority as public body corporate; written agreement with county.
Sec. 3.
(1) A municipality may establish 1 or more authorities. Except as provided in subsection (4), an authority with zones established before June 6, 2000 shall exercise its powers within its designated zones. Except as provided in subsection (4), an authority established on or after June 6, 2000 shall exercise its powers over any eligible property located in the municipality.
(2) An authority with zones established before June 6, 2000 may alter or amend the boundaries of those zones if the authority holds a public hearing on the alteration or amendment using the procedures under section 4(2), (3), and (4).
(3) The authority shall be a public body corporate that may sue and be sued in a court of competent jurisdiction. The authority possesses all the powers necessary to carry out the purpose of its incorporation. The enumeration of a power in this act is not a limitation upon the general powers of the authority. The powers granted in this act to an authority may be exercised whether or not bonds are issued by the authority.
(4) An authority established by a county shall exercise its powers with respect to eligible property within a city, village, or township within the county only if that city, village, or township has concurred with the provisions of a brownfield plan that apply to that eligible property within the city, village, or township.
(5) A city, village, or township including a city, village, or township that is a qualified local governmental unit may enter into a written agreement with the county in which that city, village, or township is located to exercise the powers granted to that specific city, village, or township under this act.
History:
1996, Act 381, Eff. Sept. 16, 1996 ;-- Am. 2000, Act 145, Imd. Eff. June 6, 2000 ;-- Am. 2016, Act 471, Eff. Apr. 5, 2017
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 381 of 1996 - Brownfield Redevelopment Financing Act (125.2651 - 125.2672) › Section 125.2654 - Resolution by Governing Body; Adoption; Notice; Public Hearing; Proceedings Establishing Authority; Presumption of Validity; Exercise of Powers as Essential Governmental Function.

125.2654 Resolution by governing body; adoption; notice; public hearing; proceedings establishing authority; presumption of validity; exercise of powers as essential governmental function.
Sec. 4.
(1) A governing body may declare by resolution adopted by a majority of its members elected and serving its intention to create and provide for the operation of an authority.
(2) In the resolution of intent, the governing body shall set a date for holding a public hearing on the adoption of a proposed resolution creating the authority. The notice of the public hearing shall state the date, time, and place of the hearing. At that hearing, a citizen, taxpayer, official from a taxing jurisdiction whose millage may be subject to capture under a brownfield plan, or property owner of the municipality has the right to be heard in regard to the establishment of the authority.
(3) Not more than 30 days after the public hearing, if the governing body intends to proceed with the establishment of the authority, the governing body shall adopt, by majority vote of its members elected and serving, a resolution establishing the authority. The adoption of the resolution is subject to all applicable statutory or charter provisions with respect to the approval or disapproval by the chief executive or other officer of the municipality and the adoption of a resolution over his or her veto. This resolution shall be filed with the secretary of state promptly after its adoption.
(4) The proceedings establishing an authority shall be presumptively valid unless contested in a court of competent jurisdiction within 60 days after the filing of the resolution with the secretary of state.
(5) The exercise by an authority of the powers conferred by this act shall be considered to be an essential governmental function and benefit to, and a legitimate public purpose of, the state, the authority, and the municipality or units.
History:
1996, Act 381, Eff. Sept. 16, 1996 ;-- Am. 2000, Act 145, Imd. Eff. June 6, 2000 ;-- Am. 2005, Act 101, Imd. Eff. July 22, 2005 ;-- Am. 2012, Act 502, Imd. Eff. Dec. 28, 2012 ;-- Am. 2016, Act 471, Eff. Apr. 5, 2017
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 381 of 1996 - Brownfield Redevelopment Financing Act (125.2651 - 125.2672) › Section 125.2658 - Local Brownfield Revolving Fund.

125.2658 Local brownfield revolving fund.
Sec. 8.
(1) An authority may establish a local brownfield revolving fund. A local brownfield revolving fund may consist of funds deposited from the following sources:
(a) Funds appropriated or otherwise made available from public or private sources.
(b) Local tax and school operating tax increment revenue captured in excess of the amount authorized for eligible expenses under section 13(4) only if all of the following conditions are met:
(i) The excess capture occurs during the time of capture for the purpose of paying the costs permitted under section 13(4), or for not more than 5 years after the time that capture is required for the purpose of paying the costs permitted under section 13(4), or both.
(ii) The excess local tax capture does not exceed the total of the cost of eligible activities approved in the brownfield plan.
(iii) The excess capture of taxes for school operating purposes does not exceed the total of the cost of eligible department specific activities approved in the applicable brownfield plan, combined brownfield plan, or work plan, and the total excess tax capture does not exceed the total of the cost of eligible activities approved in the brownfield plan.
(iv) Excess tax increment revenues from taxes levied for school operating purposes for eligible activities authorized under section 13b(4) by the Michigan strategic fund or the Michigan state housing development authority are not captured for deposit in the local brownfield revolving fund.
(2) The capture of school operating tax increment revenue described in subsection (1)(b) is subject to the 50% capture specified in section 13b(14).
(3) The tax increment revenues from eligible property for deposit in the local brownfield revolving fund may include tax increment revenues attributable to taxes levied for school operating purposes in an amount not greater than the tax increment revenues levied for school operating purposes captured from the eligible property pursuant to section 13(4).
(4) The local brownfield revolving fund may be used only to pay the costs of eligible activities on property that is located within the municipality and meets at least 1 of the conditions under section 2(p), regardless of whether or not the property is included in a brownfield plan. However, activities outlined in section 13b(8) may be conducted and funded on prospective properties.
(5) An authority or a municipality on behalf of an authority may incur an obligation for the purpose of funding a local brownfield revolving fund.
History:
1996, Act 381, Eff. Sept. 16, 1996 ;-- Am. 2000, Act 145, Imd. Eff. June 6, 2000 ;-- Am. 2012, Act 502, Imd. Eff. Dec. 28, 2012 ;-- Am. 2016, Act 471, Eff. Apr. 5, 2017 ;-- Am. 2020, Act 259, Imd. Eff. Dec. 29, 2020 ;-- Am. 2023, Act 90, Imd. Eff. July 19, 2023
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 381 of 1996 - Brownfield Redevelopment Financing Act (125.2651 - 125.2672) › Section 125.2659 - Authority as Instrumentality of Political Subdivision.

125.2659 Authority as instrumentality of political subdivision.
Sec. 9.
The authority shall be considered an instrumentality of a political subdivision for purposes of Act No. 227 of the Public Acts of 1972, being sections 213.321 to 213.332 of the Michigan Compiled Laws.
History:
1996, Act 381, Eff. Sept. 16, 1996
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 381 of 1996 - Brownfield Redevelopment Financing Act (125.2651 - 125.2672) › Section 125.2660 - Taking, Transfer, and Use of Private Property.

125.2660 Taking, transfer, and use of private property.
Sec. 10.
A municipality may transfer private property taken under 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, to the authority for use as authorized in the brownfield plan, on terms and conditions it considers appropriate. The taking, transfer, and use shall be considered necessary for public purposes and for the benefit of the public.
History:
1996, Act 381, Eff. Sept. 16, 1996
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 381 of 1996 - Brownfield Redevelopment Financing Act (125.2651 - 125.2672) › Section 125.2661 - Financing Sources of Authority Activities.

125.2661 Financing sources of authority activities.
Sec. 11.
The activities of the authority must be financed from 1 or more of the following sources:
(a) Contributions, contractual payments, or appropriations to the authority for the performance of its functions or to pay the costs of a brownfield plan of the authority.
(b) Revenues from a property, building, or facility owned, leased, licensed, or operated by the authority or under its control, subject to the limitations imposed on the authority by trusts or other agreements.
(c) Subject to the limitations imposed under sections 8, 13, 13b, and 15, 1 or both of the following:
(i) Tax increment revenues received under a brownfield plan established under sections 13 and 14.
(ii) Proceeds of tax increment bonds and notes issued under section 17.
(d) Proceeds of revenue bonds and notes issued under section 12.
(e) Revenue available in the local brownfield revolving fund for the costs described in section 8.
(f) Construction period tax capture revenues, withholding tax capture revenues, income tax capture revenues, and sales and use tax capture revenues received under a transformational brownfield plan established under sections 13c and 14a.
(g) Money obtained from all other sources approved by the governing body of the municipality or otherwise authorized by law for use by the authority or the municipality to finance activities authorized under this act.
History:
1996, Act 381, Eff. Sept. 16, 1996 ;-- Am. 2016, Act 471, Eff. Apr. 5, 2017 ;-- Am. 2017, Act 46, Eff. July 24, 2017 ;-- Am. 2023, Act 89, Imd. Eff. July 19, 2023 ;-- Am. 2023, Act 90, Imd. Eff. July 19, 2023
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 381 of 1996 - Brownfield Redevelopment Financing Act (125.2651 - 125.2672) › Section 125.2662 - Bonds and Notes of Authority.

125.2662 Bonds and notes of authority.
Sec. 12.
(1) The authority may borrow money and issue its negotiable revenue bonds or notes to finance all or part of the costs of eligible activities or of another activity of the authority under this act. Revenue bonds and notes issued under this section are subject to the revenue bond act of 1933, 1933 PA 94, MCL 141.101 to 141.140. The costs that may be financed by the issuance of revenue bonds or notes may include the costs of purchasing, acquiring, constructing, improving, enlarging, extending, or repairing property in connection with an activity authorized under this act; engineering, architectural, legal, accounting, or financial expenses; the costs necessary or incidental to the borrowing of money; interest on the bonds or notes during the period of construction; a reserve for payment of principal and interest on the bonds or notes; and a reserve for operation and maintenance until sufficient revenues have developed. The authority may secure the bonds and notes by mortgage, assignment, or pledge of the property and all money, revenues, or income received in connection with the property.
(2) A pledge made by the authority shall be valid and binding from the time the pledge is made. The money or property pledged by the authority immediately shall be subject to the lien of the pledge without a physical delivery, filing, or further act. The lien of a pledge shall be valid and binding as against parties having claims in tort, contract, or otherwise against the authority, irrespective of whether the parties have notice of the lien. Filing of the resolution, the trust agreement, or another instrument by which a pledge is created is not required.
(3) Bonds or notes issued under this section shall be exempt from all taxation in this state except estate and transfer taxes, and the interest on the bonds or notes shall be exempt from all taxation in this state, notwithstanding that the interest may be subject to federal income tax.
(4) Unless otherwise provided by a majority vote of the members of its governing body, the municipality shall not be liable on bonds or notes of the authority issued under this section and the bonds or notes shall not be a debt of the municipality.
(5) The bonds and notes of the authority may be invested in by the state treasurer and all other public officers, state agencies and political subdivisions, insurance companies, banks, savings and loan associations, investment companies, and fiduciaries and trustees, and may be deposited with and received by the state treasurer and all other public officers and the agencies and political subdivisions of this state for all purposes for which the deposit of bonds or notes is authorized. The authority granted by this section is supplemental and in addition to all other authority granted by law.
History:
1996, Act 381, Eff. Sept. 16, 1996 ;-- Am. 2002, Act 413, Imd. Eff. June 3, 2002
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 381 of 1996 - Brownfield Redevelopment Financing Act (125.2651 - 125.2672) › Section 125.2663a - Cost Recovery Action.

125.2663a Cost recovery action.
Sec. 13a.
Costs of a response activity paid with tax increment revenues that are captured pursuant to section 13(4) may be recovered from a party that is responsible for an activity causing a release. This state or an authority may undertake cost recovery for tax increment revenue captured. Before an authority or this state may institute a cost recovery action, it must provide the other with 60 days' notice. This state or an authority that recovers costs under this section shall apply those recovered costs to the following, in the following order of priority:
(a) The reasonable attorney fees and costs incurred by this state or an authority in obtaining the cost recovery.
(b) One of the following:
(i) If an authority undertakes the cost recovery action, the authority shall deposit the remaining recovered funds into the local brownfield revolving fund created pursuant to section 8, if such a fund has been established by the authority. If a local brownfield revolving fund has not been established, the authority shall disburse the remaining recovered funds to the local taxing jurisdictions in the proportion that the local taxing jurisdictions' taxes were captured.
(ii) If this state undertakes a cost recovery action, this state shall deposit the remaining recovered funds into the revitalization revolving loan fund established under section 20108a of the natural resources and environmental protection act, 1994 PA 451, MCL 324.20108a.
(iii) If this state and an authority each undertake a cost recovery action, undertake a cost recovery action jointly, or one on behalf of the other, the amount of any remaining recovered funds shall be deposited pursuant to subparagraphs (i) and (ii) in the proportion that the tax increment revenues being recovered represent local taxes and taxes levied for school operating purposes, respectively.
History:
Add. 2016, Act 471, Eff. Apr. 5, 2017
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 381 of 1996 - Brownfield Redevelopment Financing Act (125.2651 - 125.2672) › Section 125.2665b - Reimbursement to Intermediate School Districts.

125.2665b Reimbursement to intermediate school districts.
Sec. 15b.
(1) Beginning January 1, 2021, and each year thereafter, from the state school aid fund this state shall reimburse each intermediate school district for any tax increment revenues captured by an authority under this act for property taxes levied for operating purposes under section 625a, sections 681 to 690, or sections 1722 to 1729 of the revised school code, 1976 PA 451, MCL 380.625a, 380.681 to 380.690, and 380.1722 to 380.1729.
(2) The amounts reimbursed under subsection (1) shall be used by the intermediate school district only for the purposes for which the property taxes were originally levied.
(3) The Michigan strategic fund and the Michigan economic development corporation shall work with the department of treasury in identifying the amount of tax revenues captured by an authority that are to be reimbursed under subsection (1).
History:
Add. 2020, Act 279, Eff. Mar. 24, 2021
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 381 of 1996 - Brownfield Redevelopment Financing Act (125.2651 - 125.2672) › Section 125.2668 - Operating Budget.

125.2668 Operating budget.
Sec. 18.
(1) The authority shall prepare and approve a budget for the operation of the authority for the ensuing fiscal year. The budget shall be prepared in the manner and contain the information required of municipal departments. Funds of a municipality shall not be included in the budget of the authority except those funds authorized in this act or by the governing body of the municipality.
(2) The governing body of a municipality may assess a reasonable pro rata share of the funds for the cost of handling and auditing the funds of the authority, other than those committed for designated purposes, which cost shall be paid annually by the authority under an appropriate item in its budget.
History:
1996, Act 381, Eff. Sept. 16, 1996
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 381 of 1996 - Brownfield Redevelopment Financing Act (125.2651 - 125.2672) › Section 125.2669 - Dissolution of Authority; Distribution of Tax Revenues and Interest.

125.2669 Dissolution of authority; distribution of tax revenues and interest.
Sec. 19.
(1) An authority that completes the purposes for which it was organized shall be dissolved by resolution of the governing body. Except as provided in subsection (2), the property and assets of the authority remaining after the satisfaction of the obligations of the authority shall belong to the municipality or to an agency or instrumentality designated by resolution of the municipality.
(2) Tax increment revenues and the interest earned on tax increment revenues shall be distributed as provided under section 16(2).
History:
1996, Act 381, Eff. Sept. 16, 1996 ;-- Am. 2000, Act 145, Imd. Eff. June 6, 2000
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 381 of 1996 - Brownfield Redevelopment Financing Act (125.2651 - 125.2672) › Section 125.2670 - Enforcement Proceedings.

125.2670 Enforcement proceedings.
Sec. 20.
The state tax commission may institute proceedings to compel enforcement of the requirements of this act.
History:
1996, Act 381, Eff. Sept. 16, 1996
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 381 of 1996 - Brownfield Redevelopment Financing Act (125.2651 - 125.2672) › Section 125.2671 - Repealed. 2016, Act 471, Eff. Apr. 5, 2017.

125.2671 Repealed. 2016, Act 471, Eff. Apr. 5, 2017.
Compiler's Notes:
The repealed section pertained to prohibition against capturing tax increment revenues from taxes levied before December 31, 1996.
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 381 of 1996 - Brownfield Redevelopment Financing Act (125.2651 - 125.2672) › Section 125.2672 - Repealed. 2016, Act 471, Eff. Apr. 5, 2017.

125.2672 Repealed. 2016, Act 471, Eff. Apr. 5, 2017.
Compiler's Notes:
The repealed section pertained to conditional effective date.
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 376 of 1996 - Michigan Renaissance Zone Act (125.2681 - 125.2696) › Section 125.2681 - Short Title.

125.2681 Short title.
Sec. 1.
This act shall be known and may be cited as the "Michigan renaissance zone act".
History:
1996, Act 376, Imd. Eff. July 17, 1996
Compiler's Notes:
For transfer of Michigan strategic fund from department of management and budget to department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 376 of 1996 - Michigan Renaissance Zone Act (125.2681 - 125.2696) › Section 125.2682 - Legislative Findings and Declarations.

125.2682 Legislative findings and declarations.
Sec. 2.
The legislature of this state finds and declares that there exists in this state continuing need for programs to assist certain local governmental units in encouraging economic development, the consequent job creation and retention, and ancillary economic growth in this state. To achieve these purposes, it is necessary to assist and encourage the creation of renaissance zones and provide temporary relief from certain taxes within the renaissance zones.
History:
1996, Act 376, Imd. Eff. July 17, 1996
Compiler's Notes:
For transfer of Michigan strategic fund from department of management and budget to department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 376 of 1996 - Michigan Renaissance Zone Act (125.2681 - 125.2696) › Section 125.2685 - Renaissance Zone Review Board; Creation; Membership; Review of Applications; Recommendations; Submission Date; Compensation; Reimbursement for Travel and Expenses.

125.2685 Renaissance zone review board; creation; membership; review of applications; recommendations; submission date; compensation; reimbursement for travel and expenses.
Sec. 5.
(1) The renaissance zone review board is created. The review board shall consist of the board of the Michigan strategic fund described in section 4 of the Michigan strategic fund act, 1984 PA 270, MCL 125.2004.
(2) The review board shall review all applications submitted by qualified local governmental units and make recommendations to the board for approval based on the criteria contained in section 7.
(3) The review board and the board shall not consider an application if the application was submitted after September 30, 1996 for designations under section 8.
(4) Members of the board and the review board shall serve without compensation for their membership on the board and the review board, but members of the board and the review board may receive reasonable reimbursement for necessary travel and expenses.
History:
1996, Act 376, Imd. Eff. July 17, 1996 ;-- Am. 1999, Act 98, Eff. Oct. 11, 1999
Compiler's Notes:
For transfer of Michigan strategic fund from department of management and budget to department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.