reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-6 - Part 6 Corridor Improvement Authorities (125.4602...125.4629) › Section 125.4604 - Multiple Authorities; Establishment; Public Body Corporate; Powers.

125.4604 Multiple authorities; establishment; public body corporate; powers.
Sec. 604.
(1) Except as otherwise provided in this subsection, a municipality may establish multiple authorities. A parcel of property shall not be included in more than 1 authority created under this part.
(2) A city, village, or township located in a county with a population of more than 335,000 and less than 415,000 and that has not less than 2 state public universities within its boundaries may by resolution join with 1 or more cities, villages, or townships located in a county with a population of more than 335,000 and less than 415,000 and that has not less than 2 state public universities within its boundaries to create a joint authority under this part.
(3) An authority is a public body corporate which may sue and be sued in any court of this state. An authority possesses all the powers necessary to carry out its purpose. The enumeration of a power in this part shall not be construed as a limitation upon the general powers of an authority.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-6 - Part 6 Corridor Improvement Authorities (125.4602...125.4629) › Section 125.4605 - Development Area; Establishment in Municipality; Exception; Criteria; Compliance.

125.4605 Development area; establishment in municipality; exception; criteria; compliance.
Sec. 605.
A development area shall only be established in a municipality and, except for a development area located in a qualified development area, shall comply with all of the following criteria:
(a) Is adjacent to or is within 500 feet of a road classified as an arterial or collector according to the Federal Highway Administration manual "Highway Functional Classification - Concepts, Criteria and Procedures".
(b) Contains at least 10 contiguous parcels or at least 5 contiguous acres.
(c) More than 1/2 of the existing ground floor square footage in the development area is classified as commercial real property under section 34c of the general property tax act, 1893 PA 206, MCL 211.34c.
(d) Residential use, commercial use, or industrial use has been allowed and conducted under the zoning ordinance or conducted in the entire development area, for the immediately preceding 30 years.
(e) Is presently served by municipal water or sewer.
(f) Is zoned to allow for mixed use that includes high-density residential use.
(g) The municipality agrees to all of the following:
(i) To expedite the local permitting and inspection process in the development area.
(ii) To modify its master plan to provide for walkable nonmotorized interconnections, including sidewalks and streetscapes throughout the development area.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-6 - Part 6 Corridor Improvement Authorities (125.4602...125.4629) › Section 125.4607 - Annexation or Consolidation; Effect.

125.4607 Annexation or consolidation; effect.
Sec. 607.
If a development area is part of an area annexed to or consolidated with another municipality, the authority managing that development area shall become an authority of the annexing or consolidated municipality. Obligations of that authority incurred under a development or tax increment plan, agreements related to a development or tax increment plan, and bonds issued under this part shall remain in effect following the annexation or consolidation.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-6 - Part 6 Corridor Improvement Authorities (125.4602...125.4629) › Section 125.4609 - Director, Treasurer, Secretary, Legal Counsel, Other Personnel; Compensation; Duties.

125.4609 Director, treasurer, secretary, legal counsel, other personnel; compensation; duties.
Sec. 609.
(1) The board may employ and fix the compensation of a director, subject to the approval of the governing body of the municipality. The director shall serve at the pleasure of the board. A member of the board is not eligible to hold the position of director. Before beginning his or her duties, the director shall take and subscribe to the constitutional oath, and furnish bond, by posting a bond in the sum determined in the resolution establishing the authority payable to the authority for use and benefit of the authority, approved by the board, and filed with the municipal clerk. The premium on the bond shall be considered an operating expense of the authority, payable from funds available to the authority for expenses of operation. The director shall be the chief executive officer of the authority. Subject to the approval of the board, the director shall supervise and be responsible for the preparation of plans and the performance of the functions of the authority in the manner authorized by this part. The director shall attend the meetings of the board and shall provide to the board and to the governing body of the municipality a regular report covering the activities and financial condition of the authority. If the director is absent or disabled, the board may designate a qualified person as acting director to perform the duties of the office. Before beginning his or her duties, the acting director shall take and subscribe to the oath, and furnish bond, as required of the director. The director shall furnish the board with information or reports governing the operation of the authority as the board requires.
(2) The board may employ and fix the compensation of a treasurer, who shall keep the financial records of the authority and who, together with the director, shall approve all vouchers for the expenditure of funds of the authority. The treasurer shall perform all duties delegated to him or her by the board and shall furnish bond in an amount prescribed by the board.
(3) The board may employ and fix the compensation of a secretary, who shall maintain custody of the official seal and of records, books, documents, or other papers not required to be maintained by the treasurer. The secretary shall attend meetings of the board and keep a record of its proceedings and shall perform other duties delegated by the board.
(4) The board may retain legal counsel to advise the board in the proper performance of its duties. The legal counsel shall represent the authority in actions brought by or against the authority.
(5) The board may employ other personnel considered necessary by the board.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-6 - Part 6 Corridor Improvement Authorities (125.4602...125.4629) › Section 125.4610 - Retirement and Insurance Programs.

125.4610 Retirement and insurance programs.
Sec. 610.
The employees of an authority shall be eligible to participate in municipal retirement and insurance programs of the municipality as if they were civil service employees except that the employees of an authority are not civil service employees.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-6 - Part 6 Corridor Improvement Authorities (125.4602...125.4629) › Section 125.4612 - Authority as Instrument of Political Subdivision.

125.4612 Authority as instrument of political subdivision.
Sec. 612.
The authority is an instrumentality of a political subdivision for purposes of 1972 PA 227, MCL 213.321 to 213.332.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-6 - Part 6 Corridor Improvement Authorities (125.4602...125.4629) › Section 125.4613 - Acquisition of Private Property; Transfer to Authority; Use.

125.4613 Acquisition of private property; transfer to authority; use.
Sec. 613.
A municipality may acquire private property under 1911 PA 149, MCL 213.21 to 213.25, for the purpose of transfer to the authority, and may transfer the property to the authority for use in an approved development, on terms and conditions it considers appropriate, and the taking, transfer, and use shall be considered necessary for public purposes and for the benefit of the public.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-6 - Part 6 Corridor Improvement Authorities (125.4602...125.4629) › Section 125.4614 - Financing Sources; Disposition.

125.4614 Financing sources; disposition.
Sec. 614.
(1) The activities of the authority shall be financed from 1 or more of the following sources:
(a) Donations to the authority for the performance of its functions.
(b) Money borrowed and to be repaid as authorized by sections 616 and 617.
(c) Revenues from any property, building, or facility owned, leased, licensed, or operated by the authority or under its control, subject to the limitations imposed upon the authority by trusts or other agreements.
(d) Proceeds of a tax increment financing plan established under sections 618 to 620.
(e) Proceeds from a special assessment district created as provided by law.
(f) Money obtained from 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 a development program.
(2) Money received by the authority and not covered under subsection (1) shall immediately be deposited to the credit of the authority, subject to disbursement under this part. Except as provided in this part, the municipality shall not obligate itself, and shall not be obligated, to pay any sums from public funds, other than money received by the municipality under this section, for or on account of the activities of the authority.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-6 - Part 6 Corridor Improvement Authorities (125.4602...125.4629) › Section 125.4615 - Special Assessment; Levy; Borrowing Money and Issuing Notes.

125.4615 Special assessment; levy; borrowing money and issuing notes.
Sec. 615.
(1) An authority with the approval of the governing body may levy a special assessment as provided by law.
(2) The municipality may at the request of the authority borrow money and issue its notes under the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821, in anticipation of collection of the ad valorem tax authorized in this section.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-6 - Part 6 Corridor Improvement Authorities (125.4602...125.4629) › Section 125.4616 - Revenue Bonds.

125.4616 Revenue bonds.
Sec. 616.
The authority may, with approval of the local governing body, borrow money and issue its negotiable revenue bonds under the revenue bond act of 1933, 1933 PA 94, MCL 141.101 to 141.140. Revenue bonds issued by the authority are not a debt of the municipality unless the municipality by majority vote of the members of its governing body pledges its full faith and credit to support the authority's revenue bonds. Revenue bonds issued by the authority are never a debt of the state.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-6 - Part 6 Corridor Improvement Authorities (125.4602...125.4629) › Section 125.4619 - Tax Increment Revenues; Transmission; Expenditures; Use.

125.4619 Tax increment revenues; transmission; expenditures; use.
Sec. 619.
(1) The municipal and county treasurers shall transmit tax increment revenues to the authority.
(2) The authority shall expend the tax increment revenues received for the development program only under the terms of the tax increment financing plan. Unused funds shall revert proportionately to the respective taxing bodies. Tax increment revenues shall not be used to circumvent existing property tax limitations. The governing body of the municipality may abolish the tax increment financing plan if it finds that the purposes for which it was established are accomplished. However, the tax increment financing plan shall not be abolished, allowed to expire, or otherwise terminate until the principal of, and interest on, bonds issued under section 620 have been paid or funds sufficient to make the payment have been segregated.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-6 - Part 6 Corridor Improvement Authorities (125.4602...125.4629) › Section 125.4622 - Development Plan; Public Hearing; Notice; Contents; Opportunity to Speak; Hearing Record.

125.4622 Development plan; public hearing; notice; contents; opportunity to speak; hearing record.
Sec. 622.
(1) The governing body, before adoption of a resolution approving a development plan or tax increment financing plan, shall hold a public hearing on the development plan. Notice of the time and place of the hearing shall be given by publication twice in a newspaper of general circulation designated by the municipality, the first of which shall be not less than 20 days before the date set for the hearing. Notice of the hearing shall be posted in at least 20 conspicuous and public places in the development area not less than 20 days before the hearing. Notice shall also be mailed to all property taxpayers of record in the development area and to the governing body of each taxing jurisdiction levying taxes that would be subject to capture if the tax increment financing plan is approved not less than 20 days before the hearing. The notice of hearing within the time frame described in this subsection shall be mailed by certified mail to the governing body of each taxing jurisdiction levying taxes that would be subject to capture if the tax increment financing plan is approved.
(2) Notice of the time and place of hearing on a development plan shall contain all of the following:
(a) A description of the proposed development area in relation to highways, streets, streams, or otherwise.
(b) A statement that maps, plats, and a description of the development plan, including the method of relocating families and individuals who may be displaced from the area, are available for public inspection at a place designated in the notice.
(c) A statement that all aspects of the development plan will be open for discussion at the public hearing.
(d) Other information that the governing body considers appropriate.
(3) At the time set for the hearing, the governing body shall provide an opportunity for interested persons to speak and shall receive and consider communications in writing. The hearing shall provide the fullest opportunity for expression of opinion, for argument on the merits, and for consideration of documentary evidence pertinent to the development plan. The governing body shall make and preserve a record of the public hearing, including all data presented at the hearing.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-6 - Part 6 Corridor Improvement Authorities (125.4602...125.4629) › Section 125.4623 - Approval, Rejection, or Approval With Modification; Considerations.

125.4623 Approval, rejection, or approval with modification; considerations.
Sec. 623.
The governing body after a public hearing on the development plan or the tax increment financing plan, or both, with notice given under section 622, shall determine whether the development plan or tax increment financing plan constitutes a public purpose. If it determines that the development plan or tax increment financing plan constitutes a public purpose, it shall by resolution approve or reject the plan, or approve it with modification, based on the following considerations:
(a) The plan meets the requirements under section 620(2).
(b) The proposed method of financing the development is feasible and the authority has the ability to arrange the financing.
(c) The development is reasonable and necessary to carry out the purposes of this part.
(d) The land included within the development area to be acquired is reasonably necessary to carry out the purposes of the plan and of this part in an efficient and economically satisfactory manner.
(e) The development plan is in reasonable accord with the land use plan of the municipality.
(f) Public services, such as fire and police protection and utilities, are or will be adequate to service the project area.
(g) Changes in zoning, streets, street levels, intersections, and utilities are reasonably necessary for the project and for the municipality.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-6 - Part 6 Corridor Improvement Authorities (125.4602...125.4629) › Section 125.4624 - Notice to Vacate.

125.4624 Notice to vacate.
Sec. 624.
A person to be relocated under this part shall be given not less than 90 days' written notice to vacate unless modified by court order issued for good cause and after a hearing.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-6 - Part 6 Corridor Improvement Authorities (125.4602...125.4629) › Section 125.4625 - Budget; Submission to Board; Preparation; Approval; Adoption; Cost of Handling and Auditing Funds.

125.4625 Budget; submission to board; preparation; approval; adoption; cost of handling and auditing funds.
Sec. 625.
(1) The director of the authority shall submit a budget to the board for the operation of the authority for each fiscal year before the beginning of the fiscal year. The budget shall be prepared in the manner and contain the information required of municipal departments. After review by the board, the budget shall be submitted to the governing body. The governing body must approve the budget before the board may adopt the budget. Unless authorized by the governing body or this part, funds of the municipality shall not be included in the budget of the authority.
(2) The governing body of the municipality may assess a reasonable pro rata share of the funds for the cost of handling and auditing the funds against the funds of the authority, other than those committed, which shall be paid annually by the board pursuant to an appropriate item in its budget.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-6 - Part 6 Corridor Improvement Authorities (125.4602...125.4629) › Section 125.4626 - Preservation of Historical Sites.

125.4626 Preservation of historical sites.
Sec. 626.
(1) A public facility, building, or structure that is determined by the municipality to have significant historical interests shall be preserved in a manner considered necessary by the municipality in accordance with laws relative to the preservation of historical sites.
(2) An authority shall refer all proposed changes to the exterior of sites listed on the state register of historic sites and the National Register of Historic Places to the applicable historic district commission created under the local historic districts act, 1970 PA 169, MCL 399.201 to 399.215, or the Michigan state housing development authority for review.
History:
2018, Act 57, Eff. Jan. 1, 2019
Compiler's Notes:
For transfer of powers and duties of the state historic preservation office relating to the identification, certification, and preservation of historical sites from the Michigan state housing development authority to the Michigan strategic fund, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-6 - Part 6 Corridor Improvement Authorities (125.4602...125.4629) › Section 125.4627 - Dissolution.

125.4627 Dissolution.
Sec. 627.
An authority that has completed the purposes for which it was organized shall be dissolved by resolution of the governing body. The property and assets of the authority remaining after the satisfaction of the obligations of the authority belong to the municipality.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-6 - Part 6 Corridor Improvement Authorities (125.4602...125.4629) › Section 125.4629 - Tax Increment Revenues; Definition; Condition.

125.4629 Tax increment revenues; definition; condition.
Sec. 629.
(1) Subject to the requirements of subsection (2), within 60 days after a development plan for a qualified development area has been approved under section 618, upon written request from the authority, the Michigan economic growth authority under the Michigan economic growth authority act, 1995 PA 24, MCL 207.801 to 207.810, may include the following within the definition of tax increment revenues under section 3(g):
(a) Taxes under the state education tax act, 1933 PA 331, MCL 211.901 to 211.906.
(b) Taxes levied by local or intermediate school districts under the revised school code, 1976 PA 451, MCL 380.1 to 380.1852.
(2) The Michigan economic growth authority may only allow inclusion of the taxes described in subsection (1) in the definition of tax increment revenues if the Michigan economic growth authority under the Michigan economic growth authority act, 1995 PA 24, MCL 207.801 to 207.810, determines that the inclusion is necessary to reduce unemployment, promote economic growth, and increase capital investment in a qualified development area.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-7 - Part 7 Water Resource Improvement Authorities (125.4702...125.4722) › Section 125.4704 - Establishment of Multiple Authorities; Powers.

125.4704 Establishment of multiple authorities; powers.
Sec. 704.
(1) Except as otherwise provided in this subsection, a municipality may establish multiple authorities. A parcel of property shall not be included in more than 1 authority created under this part.
(2) An authority is a public body corporate that may sue and be sued in any court of this state. An authority possesses all the powers necessary to carry out its purpose. The enumeration of a power in this part shall not be construed as a limitation upon the general powers of an authority.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-7 - Part 7 Water Resource Improvement Authorities (125.4702...125.4722) › Section 125.4706 - Annexation or Consolidation.

125.4706 Annexation or consolidation.
Sec. 706.
If a development area is part of an area annexed to or consolidated with another municipality, the authority managing that development area shall become an authority of the annexing or consolidated municipality. Obligations of that authority incurred under a development or tax increment plan, agreements related to a development or tax increment plan, and bonds issued under this part shall remain in effect following the annexation or consolidation.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-7 - Part 7 Water Resource Improvement Authorities (125.4702...125.4722) › Section 125.4707 - Board; Membership; Qualifications; Terms; Appointment to Fill Vacancy; Compensation; Oath of Office; Proceedings and Rules Subject to Open Meetings Act; Meetings; Removal of Board Member; Publication of Expense Items; Availability of Financial Records; Writings Subject to Freedom of Information Act.

125.4707 Board; membership; qualifications; terms; appointment to fill vacancy; compensation; oath of office; proceedings and rules subject to open meetings act; meetings; removal of board member; publication of expense items; availability of financial records; writings subject to freedom of information act.
Sec. 707.
(1) An authority shall be under the supervision and control of a board consisting of the chief executive officer of the municipality or his or her designee and not less than 5 or more than 9 members as determined by the governing body of the municipality. Members shall be appointed by the chief executive officer of the municipality, subject to approval by the governing body of the municipality. Not less than a majority of the members shall be persons having an ownership or business interest in property located in the development area. At least 1 of the members shall be a resident of the development area or of an area within 1/2 mile of any part of the development area. Of the members first appointed, an equal number of the members, as near as is practicable, shall be appointed for 1 year, 2 years, 3 years, and 4 years. A member shall hold office until the member's successor is appointed. After the initial appointment, each member shall serve for a term of 4 years. An appointment to fill a vacancy shall be made by the chief executive officer of the municipality for the unexpired term only. Members of the board shall serve without compensation, but shall be reimbursed for actual and necessary expenses. The chairperson of the board shall be elected by the board.
(2) Before assuming the duties of office, a member shall qualify by taking and subscribing to the constitutional oath of office.
(3) The proceedings and rules of the board are subject to the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. The board shall adopt rules governing its procedure and the holding of regular meetings, subject to the approval of the governing body. Special meetings may be held if called in the manner provided in the rules of the board.
(4) After having been given notice and an opportunity to be heard, a member of the board may be removed for cause by the governing body.
(5) All expense items of the authority shall be publicized monthly and the financial records shall always be open to the public.
(6) A writing prepared, owned, used, in the possession of, or retained by the board in the performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-7 - Part 7 Water Resource Improvement Authorities (125.4702...125.4722) › Section 125.4709 - Participation of Employees in Municipal Retirement and Insurance Programs; Employees Not Civil Service Employees.

125.4709 Participation of employees in municipal retirement and insurance programs; employees not civil service employees.
Sec. 709.
The employees of an authority shall be eligible to participate in municipal retirement and insurance programs of the municipality as if they were civil service employees except that the employees of an authority are not civil service employees.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-7 - Part 7 Water Resource Improvement Authorities (125.4702...125.4722) › Section 125.4711 - Authority as Instrumentality of Political Subdivision.

125.4711 Authority as instrumentality of political subdivision.
Sec. 711.
The authority is an instrumentality of a political subdivision for purposes of 1972 PA 227, MCL 213.321 to 213.332.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-7 - Part 7 Water Resource Improvement Authorities (125.4702...125.4722) › Section 125.4712 - Financing Sources; Disposition of Money Received.

125.4712 Financing sources; disposition of money received.
Sec. 712.
(1) The activities of the authority shall be financed from 1 or more of the following sources:
(a) Donations to the authority for the performance of its functions.
(b) Money borrowed and to be repaid as authorized by sections 713 and 714.
(c) Revenues from any property, building, or facility owned, leased, licensed, or operated by the authority or under its control, subject to the limitations imposed upon the authority by trusts or other agreements.
(d) Proceeds of a tax increment financing plan established under sections 715 to 717.
(e) Proceeds from a special assessment district created as provided by law.
(f) Money obtained from 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 a development program.
(2) Money received by the authority and not covered under subsection (1) shall immediately be deposited to the credit of the authority, subject to disbursement under this part. Except as provided in this part, the municipality shall not obligate itself, and shall not be obligated, to pay any sums from public funds, other than money received by the municipality under this section, for or on account of the activities of the authority.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-7 - Part 7 Water Resource Improvement Authorities (125.4702...125.4722) › Section 125.4713 - Borrowing Money and Issuing Bonds.

125.4713 Borrowing money and issuing bonds.
Sec. 713.
The authority may borrow money and issue its negotiable revenue bonds under the revenue bond act of 1933, 1933 PA 94, MCL 141.101 to 141.140.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-7 - Part 7 Water Resource Improvement Authorities (125.4702...125.4722) › Section 125.4716 - Transmission of Tax Increment Revenues to Authority; Expenditures; Terms; Reversion of Unused Funds; Abolishment of Plan; Conditions.

125.4716 Transmission of tax increment revenues to authority; expenditures; terms; reversion of unused funds; abolishment of plan; conditions.
Sec. 716.
(1) The municipal and county treasurers shall transmit tax increment revenues to the authority.
(2) The authority shall expend the tax increment revenues received for the development program only under the terms of the tax increment financing plan. Unused funds shall revert proportionately to the respective taxing bodies. Tax increment revenues shall not be used to circumvent existing property tax limitations. The governing body of the municipality may abolish the tax increment financing plan if it finds that the purposes for which it was established are accomplished. However, the tax increment financing plan shall not be abolished, allowed to expire, or otherwise terminate until the principal of, and interest on, bonds issued under section 717 have been paid or funds sufficient to make the payment have been segregated.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-7 - Part 7 Water Resource Improvement Authorities (125.4702...125.4722) › Section 125.4717 - Authorization, Issuance, and Sale of Tax Increment Bonds.

125.4717 Authorization, issuance, and sale of tax increment bonds.
Sec. 717.
(1) By resolution of its governing body, the authority may authorize, issue, and sell tax increment bonds subject to the limitations set forth in this subsection to finance the development program of the tax increment financing plan. The tax increment bonds issued by the authority under this subsection shall pledge solely the tax increment revenues of a development area in which the project is located or a development area from which tax increment revenues may be used for this project, or both. In addition or in the alternative, the bonds issued by the authority under this subsection may be secured by any other revenues identified in section 712 as sources of financing for activities of the authority that the authority shall specifically pledge in the resolution. However, except as otherwise provided in this section, the full faith and credit of the municipality shall not be pledged to secure bonds issued under this subsection. The bond issue may include a sum sufficient to pay interest on the tax increment bonds until full development of tax increment revenues from the project and also a sum to provide a reasonable reserve for payment of principal and interest on the bonds. The resolution authorizing the bonds shall create a lien on the tax increment revenues and other revenues pledged by the resolution that shall be a statutory lien and shall be a first lien subject only to liens previously created. The resolution may provide the terms upon which additional bonds may be issued of equal standing and parity of lien as to the tax increment revenues and other revenues pledged under the resolution. Bonds issued under this subsection that pledge revenue received under section 715 for repayment of the bonds are subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
(2) The municipality, by majority vote of the members of its governing body, may make a limited tax pledge to support the authority's tax increment bonds or notes or, if authorized by the voters of the municipality, may pledge its unlimited tax full faith and credit for the payment of the principal of and interest on the authority's tax increment bonds or notes.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-7 - Part 7 Water Resource Improvement Authorities (125.4702...125.4722) › Section 125.4719 - Development Plan or Tax Increment Financing Plan; Adoption of Ordinance; Notice of Public Hearing; Purpose of Public Hearing.

125.4719 Development plan or tax increment financing plan; adoption of ordinance; notice of public hearing; purpose of public hearing.
Sec. 719.
(1) The governing body, before adoption of an ordinance approving a development plan or tax increment financing plan, shall hold a public hearing on the development plan. Notice of the time and place of the hearing shall be given by publication twice in a newspaper of general circulation designated by the municipality, the first of which shall be not less than 20 days before the date set for the hearing. Notice of the hearing shall be posted in at least 20 conspicuous and public places in the development area not less than 20 days before the hearing. Notice shall also be mailed to all property taxpayers of record in the development area and to the governing body of each taxing jurisdiction levying taxes that would be subject to capture if the tax increment financing plan is approved not less than 20 days before the hearing.
(2) Notice of the time and place of hearing on a development plan shall contain all of the following:
(a) A description of the proposed development area in relation to highways, streets, streams, or otherwise.
(b) A statement that maps, plats, and a description of the development plan, including the method of relocating families and individuals who may be displaced from the area, are available for public inspection at a place designated in the notice.
(c) A statement that all aspects of the development plan will be open for discussion at the public hearing.
(d) Other information that the governing body considers appropriate.
(3) At the time set for the hearing, the governing body shall provide an opportunity for interested persons to speak and shall receive and consider communications in writing. The hearing shall provide the fullest opportunity for expression of opinion, for argument on the merits, and for consideration of documentary evidence pertinent to the development plan. The governing body shall make and preserve a record of the public hearing, including all data presented at the hearing.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-7 - Part 7 Water Resource Improvement Authorities (125.4702...125.4722) › Section 125.4720 - Determination of Public Purpose; Approval or Rejection of Plan; Modification; Considerations.

125.4720 Determination of public purpose; approval or rejection of plan; modification; considerations.
Sec. 720.
The governing body after a public hearing on the development plan or the tax increment financing plan, or both, with notice given under section 819, shall determine whether the development plan or tax increment financing plan constitutes a public purpose. If it determines that the development plan or tax increment financing plan constitutes a public purpose, it shall by ordinance approve or reject the plan, or approve it with modification, based on the following considerations:
(a) The findings and recommendations of a development area citizens council, if a development area citizens council was formed.
(b) The plan meets the requirements under section 818(2).
(c) The proposed method of financing the development is feasible and the authority has the ability to arrange the financing.
(d) The development is reasonable and necessary to carry out the purposes of this part.
(e) The land included within the development area to be acquired is reasonably necessary to carry out the purposes of the plan and of this part in an efficient and economically satisfactory manner.
(f) The development plan is in reasonable accord with the land use plan of the municipality.
(g) Public services, such as fire and police protection and utilities, are or will be adequate to service the project area.
(h) Changes in zoning, streets, street levels, intersections, and utilities are reasonably necessary for the project and for the municipality.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-7 - Part 7 Water Resource Improvement Authorities (125.4702...125.4722) › Section 125.4721 - Operation of Authority; Budget; Review by Board; Submission to Governing Body; Adoption; Cost of Handling and Auditing Funds.

125.4721 Operation of authority; budget; review by board; submission to governing body; adoption; cost of handling and auditing funds.
Sec. 721.
(1) The director of the authority shall submit a budget to the board for the operation of the authority for each fiscal year before the beginning of the fiscal year. The budget shall be prepared in the manner and contain the information required of municipal departments. After review by the board, the budget shall be submitted to the governing body. The governing body must approve the budget before the board may adopt the budget. Unless authorized by the governing body or this part, funds of the municipality shall not be included in the budget of the authority.
(2) The governing body of the municipality may assess a reasonable pro rata share of the funds for the cost of handling and auditing the funds against the funds of the authority, other than those committed, which shall be paid annually by the board pursuant to an appropriate item in its budget.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-7 - Part 7 Water Resource Improvement Authorities (125.4702...125.4722) › Section 125.4722 - Dissolution of Authority.

125.4722 Dissolution of authority.
Sec. 722.
An authority that has completed the purposes for which it was organized shall be dissolved by ordinance of the governing body. The property and assets of the authority remaining after the satisfaction of the obligations of the authority belong to the municipality.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-8 - Part 8 Neighborhood Improvement Authorities (125.4802...125.4821) › Section 125.4802 - Definitions; a to M.

125.4802 Definitions; A to M.
Sec. 802.
As used in this part:
(a) "Advance" means a transfer of funds made by a municipality to an authority or to another person on behalf of the authority in anticipation of repayment by the authority. Evidence of the intent to repay an advance may include, but is not limited to, an executed agreement to repay, provisions contained in a tax increment financing plan approved prior to the advance, or a resolution of the authority or the municipality.
(b) "Assessed value" means the taxable value as determined under section 27a of the general property tax act, 1893 PA 206, MCL 211.27a.
(c) "Authority" means a neighborhood improvement authority created under this part.
(d) "Board" means the governing body of an authority.
(e) "Captured assessed value" means the amount in any 1 year by which the current assessed value of the development area, including the assessed value of property for which specific local taxes are paid in lieu of property taxes as determined in section 803(d), exceeds the initial assessed value. The state tax commission shall prescribe the method for calculating captured assessed value.
(f) "Chief executive officer" means the mayor or city manager of a city or the president or village manager of a village.
(g) "Development area" means that area described in section 805 to which a development plan is applicable.
(h) "Development plan" means that information and those requirements for a development area set forth in section 819.
(i) "Development program" means the implementation of the development plan.
(j) "Fiscal year" means the fiscal year of the authority.
(k) "Governing body" or "governing body of a municipality" means the elected body of a municipality having legislative powers.
(l) "Housing" means publicly owned housing, individual or multifamily.
(m) "Initial assessed value" means the assessed value of all the taxable property within the boundaries of the development area at the time the ordinance establishing the tax increment financing plan is approved, as shown by the most recent assessment roll of the municipality at the time the resolution is adopted. Property exempt from taxation at the time of the determination of the initial assessed value shall be included as zero. For the purpose of determining initial assessed value, property for which a specific local tax is paid in lieu of a property tax shall not be considered to be property that is exempt from taxation. The initial assessed value of property for which a specific local tax was paid in lieu of a property tax shall be determined as provided in section 803(d).
(n) "Land use plan" means a plan prepared under former 1921 PA 207 or a site plan under the Michigan zoning enabling act, 2006 PA 110, MCL 125.3101 to 125.3702.
(o) "Municipality" means a city or a village.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-8 - Part 8 Neighborhood Improvement Authorities (125.4802...125.4821) › Section 125.4804 - Multiple Authorities; Establishment; Authority as Public Body Corporate.

125.4804 Multiple authorities; establishment; authority as public body corporate.
Sec. 804.
(1) Except as otherwise provided in this subsection, a municipality may establish multiple authorities. A parcel of property shall not be included in more than 1 authority created under this part.
(2) An authority is a public body corporate that may sue and be sued in any court of this state. An authority possesses all the powers necessary to carry out its purpose. The enumeration of a power in this part shall not be construed as a limitation upon the general powers of an authority.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-8 - Part 8 Neighborhood Improvement Authorities (125.4802...125.4821) › Section 125.4806 - Annexation or Consolidation With Another Municipality.

125.4806 Annexation or consolidation with another municipality.
Sec. 806.
If a development area is part of an area annexed to or consolidated with another municipality, the authority managing that development area shall become an authority of the annexing or consolidated municipality. Obligations of that authority incurred under a development or tax increment plan, agreements related to a development or tax increment plan, and bonds issued under this part shall remain in effect following the annexation or consolidation.
History:
2018, Act 57, Eff. Jan. 1, 2019