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) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4203c - Proceedings or Findings; Validity.

125.4203c Proceedings or findings; validity.
Sec. 203c.
The validity of the proceedings or findings establishing an authority, or of the procedure, adequacy of notice, or findings with respect to the approval of a development plan or tax increment financing plan is conclusive with respect to the capture of tax increment revenues for an other protected obligation that is a bond issued after October 1, 1994.
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) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4203d - Establishment or Amendment of Authority, District, or Plan; Notice; Publication or Posting.

125.4203d Establishment or amendment of authority, district, or plan; notice; publication or posting.
Sec. 203d.
An ordinance enacted by a municipality that has a population of greater than 1,000 and less than 2,000 establishing an authority, creating a district, or approving a development plan or tax increment financing plan, or an amendment to an authority, district, or plan, and all actions taken or to be taken under that ordinance, including the issuance of bonds, are ratified and validated notwithstanding that notice for the public hearing on the establishment of the authority, creation of the district, or approval of the development plan or tax increment financing plan, or on the amendment, was not published, posted, or mailed at least 20 days before the hearing, provided that the notice was either published or posted at least 10 days before the hearing or that the authority was established in 1990 by a municipality that filed the ordinance with the secretary of state not later than July 1991. This section applies only to an ordinance or an amendment adopted by a municipality before January 1, 1999 and shall include any bonds or amounts to be used by the authority to pay the principal of and interest on bonds that have been issued or that are to be issued by the authority or the incorporating municipality. An authority for which an ordinance or amendment to the ordinance establishing the authority has been published before February 1, 1991 is considered for purposes of section 203(3) to have promptly filed the ordinance or amendment to the ordinance with the secretary of state if the ordinance or amendment to the ordinance is filed with the secretary of state before December 31, 2002. The validity of the proceedings or findings establishing an authority described in this section, or of the procedure, adequacy of notice, or findings with respect to the approval of a development plan or tax increment financing plan for an authority described in this section is conclusive with respect to the capture of tax increment revenues for a bond issued after June 1, 2002 and before June 1, 2006. As used in this section, "notice was either published or posted" means either publication or posting of the notice occurred at least once.
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) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4205 - Director; Acting Director; Treasurer; Secretary; Legal Counsel; Other Personnel.

125.4205 Director; acting director; treasurer; secretary; legal counsel; other personnel.
Sec. 205.
(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 entering upon the duties of his or her office, the director shall take and subscribe to the constitutional oath, and furnish bond, by posting a bond in the penal sum determined in the ordinance 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 deemed 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 render 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 entering upon the duties of his or her office, 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 such other duties as may be delegated to him or her by the board and shall furnish bond in an amount as 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 such 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 deemed 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) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4206 - Participation of Employees in Municipal Retirement and Insurance Programs.

125.4206 Participation of employees in municipal retirement and insurance programs.
Sec. 206.
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) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4208 - Board Serving as Planning Commission; Agenda.

125.4208 Board serving as planning commission; agenda.
Sec. 208.
If a board created under this part serves as the planning commission under the Michigan planning enabling act, 2008 PA 33, MCL 125.3801 to 125.3885, the board shall include planning commission business in its agenda.
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) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4209 - Authority as Instrumentality of Political Subdivision.

125.4209 Authority as instrumentality of political subdivision.
Sec. 209.
The authority shall be deemed 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) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4210 - Taking, Transfer, and Use of Private Property.

125.4210 Taking, transfer, and use of private property.
Sec. 210.
A municipality may take 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 deems 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) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4211 - Financing Activities of Authority; Disposition of Money Received by Authority; Municipal Obligations.

125.4211 Financing activities of authority; disposition of money received by authority; municipal obligations.
Sec. 211.
(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) Proceeds of a tax imposed pursuant to section 212.
(c) Money borrowed and to be repaid as authorized by sections 213 and 213a.
(d) 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.
(e) Proceeds of a tax increment financing plan, established under sections 214 to 216.
(f) Proceeds from a special assessment district created as provided by law.
(g) 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.
(h) Money obtained pursuant to section 213b.
(i) Revenue transferred pursuant to section 11a of chapter 2 of the city income tax act, 1964 PA 284, MCL 141.611a.
(j) Revenue transferred pursuant to section 11b of chapter 2 of the city income tax act, 1964 PA 284, MCL 141.611b.
(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 pursuant to this part. Except as provided in this part, the municipality shall not obligate itself, nor shall it ever be obligated to pay any sums from public funds, other than money received by the municipality pursuant to 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) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4212 - Ad Valorem Tax; Borrowing in Anticipation of Collection.

125.4212 Ad valorem tax; borrowing in anticipation of collection.
Sec. 212.
(1) An authority with the approval of the municipal governing body may levy an ad valorem tax on the real and tangible personal property not exempt by law and as finally equalized in the downtown district. The tax shall not be more than 1 mill if the downtown district is in a municipality having a population of 1,000,000 or more, or not more than 2 mills if the downtown district is in a municipality having a population of less than 1,000,000. The tax shall be collected by the municipality creating the authority levying the tax. The municipality shall collect the tax at the same time and in the same manner as it collects its other ad valorem taxes. The tax shall be paid to the treasurer of the authority and credited to the general fund of the authority for purposes of the authority.
(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) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4213 - Revenue Bonds.

125.4213 Revenue bonds.
Sec. 213.
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. Revenue bonds issued by the authority shall not except as hereinafter provided be deemed a debt of the municipality or the state. The municipality by majority vote of the members of its governing body may pledge its full faith and credit to support the authority's revenue bonds.
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) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4215 - Transmitting and Expending Tax Increments Revenues; Reversion of Surplus Funds; Abolishment of Tax Increment Financing Plan; Conditions.

125.4215 Transmitting and expending tax increments revenues; reversion of surplus funds; abolishment of tax increment financing plan; conditions.
Sec. 215.
(1) The municipal and county treasurers shall transmit to the authority tax increment revenues.
(2) The authority shall expend the tax increment revenues received for the development program only pursuant to the tax increment financing plan. Surplus funds shall revert proportionately to the respective taxing bodies. These revenues shall not be used to circumvent existing property tax limitations. The governing body of the municipality may abolish the tax increment financing plan when 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 pursuant to section 216 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) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4218 - Ordinance Approving or Amending Development Plan or Tax Increment Financing Plan; Public Hearing; Notice; Record.

125.4218 Ordinance approving or amending development plan or tax increment financing plan; public hearing; notice; record.
Sec. 218.
(1) The governing body, before adoption of an ordinance approving or amending a development plan or approving or amending a 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 downtown district not less than 20 days before the hearing. Notice shall also be mailed to all property taxpayers of record in the downtown district not less than 20 days before the hearing. Beginning June 1, 2005, 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 development plan or the tax increment financing plan is approved or amended.
(2) Notice of the time and place of hearing on a development plan shall contain: a description of the proposed development area in relation to highways, streets, streams, or otherwise; 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, and that all aspects of the development plan will be open for discussion at the public hearing; and other information that the governing body considers appropriate. At the time set for hearing, the governing body shall provide an opportunity for interested persons to be heard and shall receive and consider communications in writing with reference to the development plan. The hearing shall provide the fullest opportunity for expression of opinion, for argument on the merits, and for introduction 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 thereat.
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) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4219 - Development Plan or Tax Increment Financing Plan as Constituting Public Purpose; Determination; Ordinance; Considerations; Amendments; Incorporation of Catalyst Development Project Plan.

125.4219 Development plan or tax increment financing plan as constituting public purpose; determination; ordinance; considerations; amendments; incorporation of catalyst development project plan.
Sec. 219.
(1) The governing body after a public hearing on the development plan or the tax increment financing plan, or both, with notice of the hearing given in accordance with section 218, 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 then approve or reject the plan, or approve it with modification, by ordinance 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 set forth in section 217(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 master 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.
(2) Amendments to an approved development plan or tax increment plan must be submitted by the authority to the governing body for approval or rejection.
(3) Proposed amendments made to an approved development plan to incorporate a catalyst development project plan shall be submitted by the authority to the Michigan strategic fund for approval or rejection of that part of the plan relating to the catalyst development project. Amendments not approved or rejected under this subsection by the Michigan strategic fund within 45 days of submission for approval shall be considered approved.
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) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4220 - Notice to Vacate.

125.4220 Notice to vacate.
Sec. 220.
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 for good cause.
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) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4221 - Development Area Citizens Council; Establishment; Appointment and Qualifications of Members; Representative of Development Area.

125.4221 Development area citizens council; establishment; appointment and qualifications of members; representative of development area.
Sec. 221.
(1) If a proposed development area has residing within it 100 or more residents, a development area citizens council shall be established at least 90 days before the public hearing on the development or tax increment financing plan. The development area citizens council shall be established by the governing body and shall consist of not less than 9 members. The members of the development area citizens council shall be residents of the development area and shall be appointed by the governing body. A member of a development area citizens council shall be at least 18 years of age.
(2) A development area citizens council shall be representative of 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) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4222 - Development Area Citizens Council; Advisory Body.

125.4222 Development area citizens council; advisory body.
Sec. 222.
A development area citizens council established pursuant to this part shall act an advisory body to the authority and the governing body in the adoption of the development or tax increment financing plans.
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) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4223 - Consultation.

125.4223 Consultation.
Sec. 223.
Periodically a representative of the authority responsible for preparation of a development or tax increment financing plan within the development area shall consult with and advise the development area citizens council regarding the aspects of a development plan, including the development of new housing for relocation purposes located either inside or outside of the development area. The consultation shall begin before any final decisions by the authority and the governing body regarding a development or tax increment financing plan. The consultation shall continue throughout the preparation and implementation of the development or tax increment financing plan.
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) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4224 - Development Area Citizens Council; Meetings; Notice; Record; Information and Technical Assistance; Failure to Organize, Consult, or Advise.

125.4224 Development area citizens council; meetings; notice; record; information and technical assistance; failure to organize, consult, or advise.
Sec. 224.
(1) Meetings of the development area citizens council shall be open to the public. Notice of the time and place of the meetings shall be given by publication in a newspaper of general circulation not less than 5 days before the dates set for meetings of the development area citizens council. A person present at those meetings shall have reasonable opportunity to be heard.
(2) A record of the meetings of a development area citizens council, including information and data presented, shall be maintained by the council.
(3) A development area citizens council may request of and receive from the authority information and technical assistance relevant to the preparation of the development plan for the development area.
(4) Failure of a development area citizens council to organize or to consult with and be advised by the authority, or failure to advise the governing body, as provided in this part, shall not preclude the adoption of a development plan by a municipality if the municipality complies with the other provisions of this part.
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) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4225 - Citizens District Council as Development Area Citizens Council.

125.4225 Citizens district council as development area citizens council.
Sec. 225.
In a development area where a citizens district council established according to 1945 PA 344, MCL 125.71 to 125.84, already exists the governing body may designate it as the development area citizens council authorized by this part.
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) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4226 - Notice of Findings and Recommendations.

125.4226 Notice of findings and recommendations.
Sec. 226.
Within 20 days after the public hearing on a development or tax increment financing plan, the development area citizens council shall notify the governing body, in writing, of its findings and recommendations concerning a proposed development plan.
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) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4227 - Development Area Citizens Council; Dissolution.

125.4227 Development area citizens council; dissolution.
Sec. 227.
A development area citizens council may not be required and, if formed, may be dissolved in any of the following situations:
(a) On petition of not less than 20% of the adult resident population of the development area by the last federal decennial or municipal census, a governing body, after public hearing with notice thereof given in accordance with section 218 and by a 2/3 vote, may adopt an ordinance for the development area to eliminate the necessity of a development area citizens council.
(b) When there are less than 18 residents, real property owners, or representatives of establishments located in the development area eligible to serve on the development area citizens council.
(c) Upon termination of the authority by ordinance of the governing body.
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) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4228 - Budget; Cost of Handling and Auditing Funds.

125.4228 Budget; cost of handling and auditing funds.
Sec. 228.
(1) The director of the authority shall prepare and submit for the approval of the board 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. Before the budget may be adopted by the board, it shall be approved by the governing body of the municipality. Funds of the municipality shall not be included in the budget of the authority except those funds authorized in this part or by the governing body of the municipality.
(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 cost 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) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4228a - Exemption.

125.4228a Exemption.
Sec. 228a.
Beginning January 1, 2010, the authority shall be exempt from all taxation on its earnings or property. Instruments of conveyance from an authority are exempt from transfer taxes under 1966 PA 134, MCL 207.501 to 207.513, and the state real estate transfer tax act, 1993 PA 330, MCL 207.521 to 207.537.
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) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4229 - Historic Sites.

125.4229 Historic sites.
Sec. 229.
(1) A public facility, building, or structure that is determined by the municipality to have significant historical interests shall be preserved in a manner as considered necessary by the municipality in accordance with laws relative to the preservation of historical sites. The preservation of facilities, buildings, or structures determined to be historic sites by a municipality shall include, at a minimum, equipping the historic site with a fire alarm system.
(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) › 57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230) › Section 125.4230 - Dissolution of Authority; Disposition of Property and Assets; Reinstatement of Authority; Contesting Validity of Proceedings, Findings, and Determinations.

125.4230 Dissolution of authority; disposition of property and assets; reinstatement of authority; contesting validity of proceedings, findings, and determinations.
Sec. 230.
(1) 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.
(2) An authority established under this part before December 31, 1988, that is dissolved by ordinance of the governing body before September 30, 1990 and that is reinstated by ordinance of the governing body after notice and public hearing as provided in section 203(2) shall not be invalidated pursuant to a claim that, based upon the standards set forth in section 203(1), a governing body improperly determined that the necessary conditions existed for the reinstatement of an authority under this part if at the time the governing body established the authority the governing body determined or could have determined that the necessary conditions existed for the establishment of an authority under this part or could have determined that establishment of an authority under this part would serve to promote economic growth and notwithstanding that the boundaries of the downtown district are altered at the time of reinstatement of the authority.
(3) In the resolution of intent, the municipality shall set a date for the holding of a public hearing on the adoption of a proposed ordinance reinstating the authority. The procedure for publishing the notice of hearing, holding the hearing, and adopting the ordinance reinstating the authority shall be as provided in section 203(2), (4), and (5).
(4) The validity of the proceedings, findings, and determinations reinstating an authority shall be conclusive unless contested in a court of competent jurisdiction within 60 days after the last of the following occurs:
(a) Publication of the ordinance reinstating the authority as adopted.
(b) Filing of the ordinance reinstating the authority with the secretary of state.
(c) May 27, 1993.
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) › 57-2018-3 - Part 3 Tax Increment Finance Authorities (125.4301...125.4329) › Section 125.4301a - Short Title of Part.

125.4301a Short title of part.
Sec. 301a.
This part shall be known and may be cited as "the tax increment finance authority part".
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) › 57-2018-3 - Part 3 Tax Increment Finance Authorities (125.4301...125.4329) › Section 125.4302 - Authority; Establishment; Public Body Corporate; Powers Generally.

125.4302 Authority; establishment; public body corporate; powers generally.
Sec. 302.
(1) A municipality may establish not more than 1 authority. An authority shall exercise its powers in all development areas designated pursuant to this part.
(2) The authority shall be a public body corporate which may sue and be sued in any court of this state. The authority possesses all the powers necessary to carry out the purpose of its incorporation. The enumeration of a power in this part shall not be construed as a limitation upon the general powers of the authority. The powers granted in this part to an authority may be exercised notwithstanding that bonds are not issued by 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) › 57-2018-3 - Part 3 Tax Increment Finance Authorities (125.4301...125.4329) › Section 125.4308 - Board Serving as Planning Commission; Agenda.

125.4308 Board serving as planning commission; agenda.
Sec. 308.
If a board created under this part serves as the planning commission under the Michigan planning enabling act, 2008 PA 33, MCL 125.3801 to 125.3885, the board shall include planning commission business in its agenda.
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) › 57-2018-3 - Part 3 Tax Increment Finance Authorities (125.4301...125.4329) › Section 125.4309 - Authority as Instrumentality of Political Subdivision.

125.4309 Authority as instrumentality of political subdivision.
Sec. 309.
The authority shall be considered 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) › 57-2018-3 - Part 3 Tax Increment Finance Authorities (125.4301...125.4329) › Section 125.4310 - Taking, Transfer, and Use of Private Property by Municipality.

125.4310 Taking, transfer, and use of private property by municipality.
Sec. 310.
A municipality may take private property under 1980 PA 87, MCL 213.51 to 213.77 for the purpose of transfer to the authority, and may transfer the property to the authority for use as authorized in the development program, 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:
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) › 57-2018-3 - Part 3 Tax Increment Finance Authorities (125.4301...125.4329) › Section 125.4311 - Financing Activities of Authority; Sources.

125.4311 Financing activities of authority; sources.
Sec. 311.
The activities of the authority shall be financed from 1 or more of the following sources:
(a) Contributions to the authority for the performance of its functions.
(b) 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.
(c) Tax increment revenues received pursuant to a tax increment financing plan established under sections 313 to 315.
(d) Proceeds of tax increment bonds issued pursuant to section 315.
(e) Proceeds of revenue bonds issued pursuant to section 312.
(f) Money obtained from any 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.
(g) Money obtained pursuant to section 312a.
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) › 57-2018-3 - Part 3 Tax Increment Finance Authorities (125.4301...125.4329) › Section 125.4312 - Borrowing Money; Issuing Negotiable Revenue Bonds; Full Faith and Credit.

125.4312 Borrowing money; issuing negotiable revenue bonds; full faith and credit.
Sec. 312.
(1) The authority may borrow money and issue its negotiable revenue bonds pursuant to the revenue bond act of 1933, 1933 PA 94, MCL 141.101 to 141.140. Revenue bonds issued by the authority shall not, except as hereinafter provided, be considered a debt of the municipality or of the state.
(2) The municipality by majority vote of the members of its governing body may pledge its full faith and credit limited tax to support the authority's revenue bonds.
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) › 57-2018-3 - Part 3 Tax Increment Finance Authorities (125.4301...125.4329) › Section 125.4314 - Transmitting and Expending Tax Increment Revenues; Disposition of Surplus Funds; Abolition of Tax Increment Financing Plan.

125.4314 Transmitting and expending tax increment revenues; disposition of surplus funds; abolition of tax increment financing plan.
Sec. 314.
(1) The municipal and county treasurers shall transmit to the authority tax increment revenues.
(2) The authority shall expend the tax increment revenues received for the development program only in accordance with the tax increment financing plan. Surplus funds may be retained by the authority for the payment of the principal of and interest on outstanding tax increment bonds or for other purposes that, by resolution of the board, are determined to further the development program. Any surplus funds not so used shall revert proportionately to the respective taxing bodies. These revenues shall not be used to circumvent existing property tax laws or a local charter that provides a maximum authorized rate for levy of property taxes. The governing body may abolish the tax increment financing plan when it finds that the purposes for which the plan was established are accomplished. However, the tax increment finance plan shall not be abolished, allowed to expire, or otherwise terminate until the principal of, and interest on, bonds issued pursuant to section 315 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) › 57-2018-3 - Part 3 Tax Increment Finance Authorities (125.4301...125.4329) › Section 125.4315 - Tax Increment Bonds; Qualified Refunding Obligation.

125.4315 Tax increment bonds; qualified refunding obligation.
Sec. 315.
(1) By resolution of its board, the authority may authorize, issue, and sell its tax increment bonds, subject to the limitations set forth in this section, to finance a development program. The bonds are subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821. The bonds issued under this section shall be considered a single series for the purposes of 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 pledge its full faith and credit for the payment of the principal of and interest on the authority's tax increment bonds. The municipality may pledge as additional security for the bonds any money received by the authority or the municipality pursuant to section 311.
(3) Notwithstanding any other provision of this part, if the state treasurer determines that an authority or municipality can issue a qualified refunding obligation and the authority or municipality does not make a good-faith effort to issue the qualified refunding obligation as determined by the state treasurer, the state treasurer may reduce the amount claimed by the authority or municipality under section 312a by an amount equal to the net present value saving that would have been realized had the authority or municipality refunded the obligation or the state treasurer may require a reduction in the capture of tax increment revenues from taxes levied by a local or intermediate school district or this state by an amount equal to the net present value savings that would have been realized had the authority or municipality refunded the obligation. This subsection does not authorize the state treasurer to require the authority or municipality to pledge security greater than the security pledged for the obligation being refunded.
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) › 57-2018-3 - Part 3 Tax Increment Finance Authorities (125.4301...125.4329) › Section 125.4317 - Public Hearing on Development Plan; Publication, Mailing, and Contents of Notice; Presentation of Data; Record.

125.4317 Public hearing on development plan; publication, mailing, and contents of notice; presentation of data; record.
Sec. 317.
(1) The governing body, before adoption of a resolution approving or amending a development plan or approving or amending a 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 not be less than 20 days before the date set for the hearing. Notice shall also be mailed to all property taxpayers of record in the development area not less than 20 days before the hearing. Beginning June 1, 2005, 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 development plan or the tax increment financing plan is approved or amended.
(2) Notice of the time and place of hearing on a development plan shall contain 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, and that all aspects of the development plan will be open for discussion at the public hearing.
(c) Other information that the governing body considers appropriate.
(3) At the time set for hearing, the governing body shall provide an opportunity for interested persons to be heard and shall receive and consider communications in writing with reference thereto. The hearing shall provide the fullest opportunity for expression of opinion, for argument on the merits, and for introduction 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 that time.
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) › 57-2018-3 - Part 3 Tax Increment Finance Authorities (125.4301...125.4329) › Section 125.4319 - Notice to Vacate.

125.4319 Notice to vacate.
Sec. 319.
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 for good cause.
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) › 57-2018-3 - Part 3 Tax Increment Finance Authorities (125.4301...125.4329) › Section 125.4320 - Development Area Citizens Council; Establishment; Advisory Body; Appointment and Qualifications of Members.

125.4320 Development area citizens council; establishment; advisory body; appointment and qualifications of members.
Sec. 320.
(1) A development area citizens council shall be established if the proposed development area has 100 or more persons residing within it and a change in zoning or a taking of property by eminent domain is necessary to accomplish the proposed development program. The council shall act as an advisory body to the authority and the governing body in the adoption of the development plan or tax increment financing plan.
(2) If a development area citizens council is required, the council shall be appointed by the governing body, and shall consist of not less than 9 members. Each member shall be at least 18 years of age and reside in the development area. The council shall be established at least 60 days before the public hearing on the development plan or the tax increment financing plan, or both.
(3) If a development area citizens council is required pursuant to subsection (1) and if the authority was established pursuant to section 304(1)(a), (b), (c), or (d), a council established in conjunction with any of those boards or commissions, may serve in an advisory capacity to the authority, if the authority determines it is representative of the development area.
History:
2018, Act 57, Eff. Jan. 1, 2019