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) › 57-2018-3 - Part 3 Tax Increment Finance Authorities (125.4301...125.4329) › Section 125.4321 - Consultation Representative of Authority and Council.

125.4321 Consultation representative of authority and council.
Sec. 321.
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) › 57-2018-3 - Part 3 Tax Increment Finance Authorities (125.4301...125.4329) › Section 125.4322 - Meetings of Council; Open to Public; Notice; Hearing Persons Present at Meeting; Record; Information and Technical Assistance; Failures Not Precluding Adoption of Development Plan.

125.4322 Meetings of council; open to public; notice; hearing persons present at meeting; record; information and technical assistance; failures not precluding adoption of development plan.
Sec. 322.
(1) Meetings of the council shall be open to the public. Notice of the time and place of the meetings shall be posted in at least 10 conspicuous places in the development area accessible to the public not less than 5 days before the dates set for meetings of the council. A person present at those meetings shall have reasonable opportunity to be heard.
(2) A record of the meetings of a council, including information and data presented, shall be maintained by the council.
(3) A 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 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) › 57-2018-3 - Part 3 Tax Increment Finance Authorities (125.4301...125.4329) › Section 125.4323 - Development or Tax Increment Financing Plan; Notice of Findings and Recommendations.

125.4323 Development or tax increment financing plan; notice of findings and recommendations.
Sec. 323.
Within 20 days after the public hearing on a development or tax increment financing plan, the council, if established, 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) › 57-2018-3 - Part 3 Tax Increment Finance Authorities (125.4301...125.4329) › Section 125.4324 - Development Area Citizens Council; Dissolution.

125.4324 Development area citizens council; dissolution.
Sec. 324.
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 given in accordance with section 317 and by a 2/3 vote, may adopt a resolution eliminating the necessity of a council for the development area.
(b) If there are less than 18 residents located in the development area eligible to serve on the council.
(c) Upon termination of the authority by resolution 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) › 57-2018-3 - Part 3 Tax Increment Finance Authorities (125.4301...125.4329) › Section 125.4325 - Budget; Cost of Handling and Auditing Funds.

125.4325 Budget; cost of handling and auditing funds.
Sec. 325.
(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. 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.
(2) The governing body 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 for designated purposes, 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) › 57-2018-3 - Part 3 Tax Increment Finance Authorities (125.4301...125.4329) › Section 125.4326 - Preservation of Public Facility, Building, or Structure Having Significant Historical Interest; Review of Proposed Changes to Exterior of Historic Site.

125.4326 Preservation of public facility, building, or structure having significant historical interest; review of proposed changes to exterior of historic site.
Sec. 326.
(1) A public facility, building, or structure which 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.
(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) › 57-2018-3 - Part 3 Tax Increment Finance Authorities (125.4301...125.4329) › Section 125.4327 - Dissolution of Authority; Resolution; Disposition of Property and Assets.

125.4327 Dissolution of authority; resolution; disposition of property and assets.
Sec. 327.
An authority which 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 shall 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) › 57-2018-3 - Part 3 Tax Increment Finance Authorities (125.4301...125.4329) › Section 125.4328 - Authority District Part of Area Annexed to or Consolidated With Another Municipality; Authority of Annexing or Consolidated Municipality; Effect of Obligations, Agreements, and Bonds.

125.4328 Authority district part of area annexed to or consolidated with another municipality; authority of annexing or consolidated municipality; effect of obligations, agreements, and bonds.
Sec. 328.
Notwithstanding the limitation provided by section 302(1) on having more than 1 authority, if an authority district is part of an area annexed to or consolidated with another municipality, the authority managing that authority district shall become an authority of the annexing or consolidated municipality. All obligations of that authority incurred pursuant to development plans or tax increment plans, all agreements related to the plans, and bonds issued pursuant to 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) › 57-2018-3 - Part 3 Tax Increment Finance Authorities (125.4301...125.4329) › Section 125.4329 - New Authority or Authority District and Boundaries of Authority District; Prohibitions; Validity of Tax Increment Finance Authority, Authority District, Development Area, Development Plan, or Tax Increment Financing Plan Established Before December 30, 1986; Development Area Created or Expanded After December 29, 1986.

125.4329 New authority or authority district and boundaries of authority district; prohibitions; validity of tax increment finance authority, authority district, development area, development plan, or tax increment financing plan established before December 30, 1986; development area created or expanded after December 29, 1986.
Sec. 329.
(1) Beginning January 1, 1987, a new authority or authority district shall not be created and the boundaries of an authority district shall not be expanded to include additional land.
(2) A tax increment finance authority, authority district, development area, development plan, or tax increment financing plan established under this part before December 30, 1986 shall not be invalidated pursuant to a claim that based on the standards set forth in section 303(1), a governing body improperly determined that the necessary conditions existed for the establishment of a tax increment financing authority under this part, if, at the time the governing body established the authority, the governing body could have determined that establishment of an authority under this part would serve to create jobs or promote economic development growth.
(3) A development area created or expanded after December 29, 1986 shall be subject to the requirements of section 303(1).
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) › 57-2018-4 - Part 4 Local Development Finance Authorities (125.4401...125.4420) › Section 125.4401 - Legislative Findings; Short Title of Part.

125.4401 Legislative findings; short title of part.
Sec. 401.
(1) The legislature finds all of the following:
(a) That there exists in this state conditions of unemployment, underemployment, and joblessness detrimental to the state economy and the economic growth of the state economy.
(b) That government programs are desirable and necessary to eliminate the causes of unemployment, underemployment, and joblessness therefore benefiting the economic growth of the state.
(c) That it is appropriate to finance these government programs by means available to the state and local units of government, including tax increment financing.
(d) That tax increment financing is a government financing program which contributes to economic growth and development by dedicating a portion of the tax base resulting from the economic growth and development to certain public facilities and structures or improvements of the type designed and dedicated to public use and thereby facilitate certain projects which create economic growth and development.
(e) That it is necessary for the legislature to exercise the sovereign power to legislate tax increment financing as authorized in this part and in the exercise of this sovereign power to mandate the transfer of tax increment revenues by city, village, township, school district, and county treasurers to authorities created under this part in order to effectuate the legislated government programs to eliminate the conditions of unemployment, underemployment, and joblessness and to promote state economic growth.
(f) That the creation of jobs and the promotion of economic growth in the state are essential governmental functions and constitute essential public purposes.
(g) That the creation of jobs and the promotion of economic growth stabilize and strengthen the tax bases upon which local units of government rely and that government programs to eliminate causes of unemployment, underemployment, and joblessness benefit local units of government and are for the use of those local units of government.
(h) That the provisions of this part are enacted to provide a means for local units of government to eliminate the conditions of unemployment, underemployment, and joblessness and to promote economic growth in the communities served by these local units of government.
(2) This part shall be known and may be cited as "the local development financing 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) › 57-2018-4 - Part 4 Local Development Finance Authorities (125.4401...125.4420) › Section 125.4403 - Authority; Establishment by Municipality; Establishment by Next Michigan Development Corporation; Limitation; Powers.

125.4403 Authority; establishment by municipality; establishment by Next Michigan development corporation; limitation; powers.
Sec. 403.
(1) Except as otherwise provided by subsection (2), a municipality may establish not more than 1 authority under the provisions of this part. An authority established under this subsection shall exercise its powers in all authority districts.
(2) In addition to an authority established under subsection (1), a municipality may join with 1 or more other municipalities located within the same county to establish an authority under this part. An authority created under this subsection may only exercise its powers in a certified technology park designated in an agreement made under section 412a or 412b or in a certified alternative energy park designated in an agreement under section 412c. A municipality shall not establish more than 1 authority under this subsection.
(3) A Next Michigan development corporation may establish not more than 1 authority under the provisions of this part. An authority established under this subsection shall exercise its powers within its authority district and in all Next Michigan development areas. The authority district in which the authority may exercise its powers shall include all or part of the territory of a Next Michigan development corporation, as determined by the governing body of the Next Michigan development corporation.
(4) 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) › 57-2018-4 - Part 4 Local Development Finance Authorities (125.4401...125.4420) › Section 125.4407 - Powers of Board Generally.

125.4407 Powers of board generally.
Sec. 407.
The board may:
(a) Study and analyze unemployment, underemployment, and joblessness and the impact of growth upon the authority district or districts.
(b) Plan and propose the construction, renovation, repair, remodeling, rehabilitation, restoration, preservation, or reconstruction of a public facility.
(c) Develop long-range plans, in cooperation with the agency which is chiefly responsible for planning in the municipality, to promote the growth of the authority district or districts, and take the steps that are necessary to implement the plans to the fullest extent possible to create jobs, and promote economic growth.
(d) Implement any plan of development necessary to achieve the purposes of this part in accordance with the powers of the authority as granted by this part.
(e) Make and enter into contracts necessary or incidental to the exercise of the board's powers and the performance of its duties.
(f) Acquire by purchase or otherwise on terms and conditions and in a manner the authority considers proper, own or lease as lessor or lessee, convey, demolish, relocate, rehabilitate, or otherwise dispose of real or personal property, or rights or interests in that property, which the authority determines is reasonably necessary to achieve the purposes of this part, and to grant or acquire licenses, easements, and options with respect to the property.
(g) Improve land, prepare sites for buildings, including the demolition of existing structures, and construct, reconstruct, rehabilitate, restore and preserve, equip, improve, maintain, repair, or operate a building, and any necessary or desirable appurtenances to a building, as provided in section 412(2) for the use, in whole or in part, of a public or private person or corporation, or a combination thereof.
(h) Fix, charge, and collect fees, rents, and charges for the use of a building or property or a part of a building or property under the board's control, or a facility in the building or on the property, and pledge the fees, rents, and charges for the payment of revenue bonds issued by the authority.
(i) Lease a building or property or part of a building or property under the board's control.
(j) Accept grants and donations of property, labor, or other things of value from a public or private source.
(k) Acquire and construct public facilities.
(l) Incur costs in connection with the performance of the board's authorized functions including, but not limited to, administrative costs, and architects, engineers, legal, and accounting fees.
(m) Plan, propose, and implement an improvement to a public facility on eligible property to comply with the barrier free design requirements of the state construction code promulgated under the Stille-DeRossett-Hale single state constitution code act, 1972 PA 230, MCL 125.1501 to 125.1531.
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) › 57-2018-4 - Part 4 Local Development Finance Authorities (125.4401...125.4420) › Section 125.4408 - Authority as Instrumentality of Political Subdivision.

125.4408 Authority as instrumentality of political subdivision.
Sec. 408.
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) › 57-2018-4 - Part 4 Local Development Finance Authorities (125.4401...125.4420) › Section 125.4409 - Taking, Transfer, and Use of Private Property.

125.4409 Taking, transfer, and use of private property.
Sec. 409.
A municipality may take private property under the uniform condemnation procedures act, 1980 PA 87, MCL 213.51 to 213.75, for the purpose of transfer to the authority, and may transfer the property to the authority for use as authorized in the development plan, on terms and conditions it considers appropriate. The taking, transfer, and use shall be considered necessary for public purposes and for the benefit of the public.
History:
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) › 57-2018-4 - Part 4 Local Development Finance Authorities (125.4401...125.4420) › Section 125.4410 - Financing Activities of Authority.

125.4410 Financing activities of authority.
Sec. 410.
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 412 to 414.
(d) Proceeds of tax increment bonds issued pursuant to section 414.
(e) Proceeds of revenue bonds issued pursuant to section 411.
(f) Money obtained from any other legal source 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 411a.
(h) Loans from the Michigan strategic fund or the Michigan economic development corporation.
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) › 57-2018-4 - Part 4 Local Development Finance Authorities (125.4401...125.4420) › Section 125.4411 - Revenue Bonds.

125.4411 Revenue bonds.
Sec. 411.
(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 141.135. Except as provided in subsection (2), revenue bonds issued by the authority shall not be considered a debt of the municipality or of the state.
(2) The municipality by a majority vote of the members of its governing body may make a limited tax pledge to support the authority's revenue bonds or, if authorized by the voters of the municipality, 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) › 57-2018-4 - Part 4 Local Development Finance Authorities (125.4401...125.4420) › Section 125.4412d - Conveyance or Lease of Public Facilities at Less Than Fair Market Value or Below Market Rates.

125.4412d Conveyance or lease of public facilities at less than fair market value or below market rates.
Sec. 412d.
(1) If an authority determines that a sale price or rental value at below market rate will assist in increasing employment or private investment in a development area, the authority may determine a sale price or rental value for public facilities owned or developed by the authority at below market rate.
(2) If public facilities are conveyed or leased at less than fair market value or at below market rates, the terms of the conveyance or lease shall include legal and equitable remedies and rights to assure that the public facilities are used as eligible property. Legal and equitable remedies and rights may include penalties and actual or liquidated damages. If public facilities for public benefit are provided to private owners or users of eligible property, the terms of the conveyance or lease shall include a benefit to the private owner or user.
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) › 57-2018-4 - Part 4 Local Development Finance Authorities (125.4401...125.4420) › Section 125.4412e - Notice of Designation of Next Michigan Development Area; Marketing of Authority District by Michigan Economic Development Corporation; Pledge to Support Tax Increment Bonds.

125.4412e Notice of designation of Next Michigan development area; marketing of authority district by Michigan economic development corporation; pledge to support tax increment bonds.
Sec. 412e.
(1) A Next Michigan development corporation establishing an authority under section 403(3) shall notify the Michigan economic development corporation of the designation of a Next Michigan development area.
(2) The Michigan economic development corporation shall market the authority district including Next Michigan development areas.
(3) For an authority exercising its powers under section 403(3), each municipality and county which is a party to the interlocal agreement establishing the Next Michigan development corporation, or any 1 of them, by a majority vote of the members of its governing body, may make a limited tax pledge to support the authority's tax increment bonds issued under section 414 or, if authorized by the voters of the municipality or county, may pledge its full faith and credit for the payment of the principal of and interest on the bonds. The municipalities or counties that have made a pledge to support the authority's tax increment bonds may approve by resolution an agreement among themselves establishing obligations each may have to the other party or parties to the agreement for reimbursement of all or any portion of a payment made by a municipality or county related to its pledge to support the authority's tax increment 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) › 57-2018-4 - Part 4 Local Development Finance Authorities (125.4401...125.4420) › Section 125.4413 - Tax Increment Revenues Transmitted to Authority; Expenditure of Tax Increment Revenues; Retention or Reversion of Excess Revenue; Prohibition; Abolition of Tax Increment Financing Plan.

125.4413 Tax increment revenues transmitted to authority; expenditure of tax increment revenues; retention or reversion of excess revenue; prohibition; abolition of tax increment financing plan.
Sec. 413.
(1) The city, village, township, school district, 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. Tax increment revenues in excess of the estimated tax increment revenues or of the actual costs of the plan to be paid by the tax increment revenues may be retained by the authority only for purposes, that by resolution of the board, are determined to further the development program in accordance with the tax increment financing plan. The excess tax increment revenues not so used shall revert proportionately to the respective taxing jurisdictions. These revenues shall not be used to circumvent existing property tax laws or a local charter that provides a maximum authorized rate for the levy of property taxes. The governing body may abolish the tax increment financing plan if it finds that the purposes for which the plan was established are accomplished. However, the tax increment financing plan may not be abolished, allowed to expire, or otherwise terminate until the principal of, and interest on, bonds issued pursuant to section 414 have been paid or funds sufficient to make that payment have been segregated and placed in an irrevocable trust for the benefit of the holders of the 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) › 57-2018-4 - Part 4 Local Development Finance Authorities (125.4401...125.4420) › Section 125.4414 - Tax Increment Bonds; Qualified Refunding Obligation.

125.4414 Tax increment bonds; qualified refunding obligation.
Sec. 414.
(1) By resolution of its board and subject to the limitations set forth in this section, the authority may authorize, issue, and sell its tax increment bonds 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 authority may pledge for debt service requirements the tax increment revenues to be received from an eligible property. 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 make a limited tax pledge to support the authority's tax increment bonds or, if authorized by the voters of the municipality, 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 410.
(3) Bonds and notes issued by the authority and the interest on and income from those bonds and notes are exempt from taxation by the state or a political subdivision of this state.
(4) 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 411a 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 saving 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) › 57-2018-4 - Part 4 Local Development Finance Authorities (125.4401...125.4420) › Section 125.4416 - Adoption of Resolution Approving Development Plan or Tax Increment Financing Plan; Public Hearing; Notice; Record.

125.4416 Adoption of resolution approving development plan or tax increment financing plan; public hearing; notice; record.
Sec. 416.
(1) Before adoption of a resolution approving or amending a development plan or approving or amending a tax increment financing plan, the governing body 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. 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 property to which the plan applies 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 to the matter. 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) › 57-2018-4 - Part 4 Local Development Finance Authorities (125.4401...125.4420) › Section 125.4418 - Relocation of Person; Notice to Vacate.

125.4418 Relocation of person; notice to vacate.
Sec. 418.
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) › 57-2018-4 - Part 4 Local Development Finance Authorities (125.4401...125.4420) › Section 125.4419 - Preparation and Submission of Budget; Manner; Approval; Cost of Handling and Auditing Funds.

125.4419 Preparation and submission of budget; manner; approval; cost of handling and auditing funds.
Sec. 419.
(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. 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.
(2) The governing body 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 for designated purposes, 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) › 57-2018-4 - Part 4 Local Development Finance Authorities (125.4401...125.4420) › Section 125.4420 - Dissolution of Authority; Resolution; Disposition of Property and Assets.

125.4420 Dissolution of authority; resolution; disposition of property and assets.
Sec. 420.
An authority that completes 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 shall belong to the municipality or to an agency or instrumentality designated by resolution of 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) › 57-2018-5 - Part 5 Nonprofit Street Railways (125.4503...125.4527) › Section 125.4503 - Legislative Intent.

125.4503 Legislative intent.
Sec. 503.
The legislature finds and declares that there exists in this state a need to encourage the development of transportation facilities and the provision of public transportation services by authorizing the acquiring, owning, constructing, furnishing, equipping, completing, operating, improving, and maintaining of nonprofit street railway companies and systems and that public assistance in acquiring, owning, constructing, furnishing, equipping, completing, operating, improving, and maintaining nonprofit street railway companies and systems in this state is declared to be a public purpose. It is the intent of the legislature that a street railway system constructed by a nonprofit corporation under this part be designed to adapt to or connect with other public transit systems. It is the intent of the legislature that resources expended to construct a street railway system under this part qualify as state and local match funds for transit systems eligible for federal funding.
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) › 57-2018-5 - Part 5 Nonprofit Street Railways (125.4503...125.4527) › Section 125.4505 - Construction of Act.

125.4505 Construction of act.
Sec. 505.
(1) This part shall be construed liberally to effectuate the legislative intent and the purpose of this part as complete and independent authorization for the performance of each and every act and thing authorized in this part and all powers granted in this part shall be broadly interpreted to effectuate the intent and purposes of this part and not as a limitation of powers.
(2) The powers conferred in this part upon a street railway shall be in addition to any other powers the street railway possesses under law.
(3) Unless permitted by the state constitution of 1963 or this part or agreed to by a street railway, any restrictions, standards, conditions, or prerequisites of a city, village, or township otherwise applicable only to a street railway and enacted after January 12, 2009 do not apply to a street railway. This subsection is intended to prohibit special local legislation or ordinances applicable exclusively or primarily to a street railway and not to exempt a street railway from laws generally applicable to other persons or entities.
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) › 57-2018-5 - Part 5 Nonprofit Street Railways (125.4503...125.4527) › Section 125.4509 - Street Railway; Organization; Articles of Incorporation; Filing; Applicability of the Nonprofit Corporation Act.

125.4509 Street railway; organization; articles of incorporation; filing; applicability of the nonprofit corporation act.
Sec. 509.
(1) After January 12, 2009, 1 or more persons may organize a street railway under this part for the purpose of acquiring, owning, constructing, furnishing, equipping, completing, operating, improving, and maintaining a street railway system by signing in ink and filing articles of incorporation for the street railway. The articles shall include all of the following:
(a) The name of the street railway, which shall include the words "rail", "railway", "street railway", "light rail", or "metro rail".
(b) The purpose for which the corporation is organized, which shall be limited to acquiring, owning, constructing, furnishing, equipping, completing, operating, improving, and maintaining a street railway system.
(c) The city, village, or township in which the street railway system will principally operate.
(2) Articles of incorporation shall be filed with the bureau of commercial services of the department of talent and economic development as provided under the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to 450.3192.
(3) The nonprofit corporation act, 1982 PA 162, MCL 450.2101 to 450.3192, shall apply to a street railway organized under this section unless otherwise provided in or inconsistent with this part.
History:
2018, Act 57, Eff. Jan. 1, 2019
Compiler's Notes:
For the transfer of powers and duties of the department of talent and economic development to the department of licensing and regulatory affairs, 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) › 57-2018-5 - Part 5 Nonprofit Street Railways (125.4503...125.4527) › Section 125.4511 - Nonprofit Corporation as Street Railway; Amendment of Articles of Incorporation Required; Provisions; Adoption; Filing; Applicability of the Nonprofit Corporation Act.

125.4511 Nonprofit corporation as street railway; amendment of articles of incorporation required; provisions; adoption; filing; applicability of the nonprofit corporation act.
Sec. 511.
(1) A nonprofit corporation may become a street railway under this part and acquire, own, construct, furnish, equip, complete, operate, improve, and maintain a street railway system in a city if on and after January 12, 2009 the articles of incorporation for the nonprofit corporation are amended to include all of the following provisions:
(a) A provision authorizing the name of the corporation, to include the words "rail", "railway", "street railway", "light rail", or "metro rail".
(b) A provision detailing the purposes for which the corporation is organized, which shall be limited to purposes related to acquiring, owning, constructing, furnishing, equipping, completing, operating, improving, and maintaining a street railway system.
(c) A provision indicating the city in which the street railway system will principally operate.
(2) Amendments to the articles of incorporation of a nonprofit corporation under this section shall be adopted and filed with the bureau of commercial services of the department of talent and economic development as provided under the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to 450.3192.
(3) The nonprofit corporation act, 1982 PA 162, MCL 450.2101 to 450.3192, shall apply to a street railway organized under this section unless otherwise provided in or inconsistent with this part.
History:
2018, Act 57, Eff. Jan. 1, 2019
Compiler's Notes:
For the transfer of powers and duties of the department of talent and economic development to the department of licensing and regulatory affairs, 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) › 57-2018-5 - Part 5 Nonprofit Street Railways (125.4503...125.4527) › Section 125.4517 - Street or Highway Grades; Conformance by Company; Alteration or Change; Consent Required; Manner of Laying and Maintaining Track.

125.4517 Street or highway grades; conformance by company; alteration or change; consent required; manner of laying and maintaining track.
Sec. 517.
(1) In constructing a street railway system, a street railway shall conform to grades established by a road authority for a public street or highway traversed by the street railway.
(2) A street railway shall not alter or change the grade or line of any public street or highway, without the consent of the road authority with public jurisdiction over the public street or highway.
(3) A street railway shall lay and maintain the track of a street railway system in a manner and with the type of track to keep the track and the pavement of the public street or highway adjacent to the track in a state of condition and repair as prescribed by the road authority with jurisdiction over the public street or highway.
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) › 57-2018-5 - Part 5 Nonprofit Street Railways (125.4503...125.4527) › Section 125.4519 - Rules and Regulations; Establishment by Road Authority.

125.4519 Rules and regulations; establishment by road authority.
Sec. 519.
A road authority may establish and prescribe rules and regulations applicable to a street railway operating in or upon a public street or highway under the jurisdiction of a road authority relating to 1 or more of the following subjects:
(a) Grading, paving, obstruction, or repairing of a street or highway.
(b) Construction, maintenance, or obstruction of public service facilities and infrastructure, including water, light, heat, power, sewage disposal, and transportation.
(c) Construction, maintenance, or obstruction of traffic control and parking control facilities and infrastructure.
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) › 57-2018-5 - Part 5 Nonprofit Street Railways (125.4503...125.4527) › Section 125.4521 - Refusal of Person to Pay Fare or Obey Regulations; Removal of Person; Placement of Impediment Upon Track as Felony; Throwing Stone, Brick, or Other Missile as Misdemeanor.

125.4521 Refusal of person to pay fare or obey regulations; removal of person; placement of impediment upon track as felony; throwing stone, brick, or other missile as misdemeanor.
Sec. 521.
(1) If a person refuses to pay a fare owed to a street railway or refuses to obey regulations established by the street railway for the convenience and safety of passengers, the street railway may remove the person from the streetcar, tram, or trolley at a usual stopping place.
(2) A person who causes or attempts to cause the derailment of a streetcar, tram, or trolley of a street railway by the placing of an impediment upon the track of a street railway, whether the streetcar, tram, or trolley is dislodged from the track or not, or who by any other means whatsoever willfully endangers or attempts to endanger the life of any person engaged in the work of the street railway, or any person traveling on the streetcar, tram, or trolley of the street railway, is guilty of a felony punishable by imprisonment for life or any number of years. Proof that the person intended to injure or endanger the life of any particular person is not required to prove a violation of this section.
(3) A person who throws a stone, brick, or other missile at a streetcar, tram, or trolley of a street railway is guilty of a misdemeanor punishable by a fine of not less than $100.00 or more than $500.00 or imprisonment for not less than 10 days or more than 90 days, or both.
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) › 57-2018-5 - Part 5 Nonprofit Street Railways (125.4503...125.4527) › Section 125.4527 - Transfer of Records to Bureau of Commercial Services; Organization of Entity; Street Railway Not Subject to Railroad Code of 1993.

125.4527 Transfer of records to bureau of commercial services; organization of entity; street railway not subject to railroad code of 1993.
Sec. 527.
(1) Within 30 days of January 12, 2009, the secretary of state or any other agency having records of a street railway formed under this part prior to January 12, 2009 shall certify and transfer the records to the bureau of commercial services of the department of talent and economic development.
(2) Any entity formed on or after January 12, 2009 for the purpose of acquiring, owning, constructing, furnishing, equipping, completing, operating, improving, and maintaining a street railway or street railway system shall be organized under this part.
(3) A street railway is not subject to the railroad code of 1993, 1993 PA 354, MCL 462.101 to 462.451.
History:
2018, Act 57, Eff. Jan. 1, 2019
Compiler's Notes:
For the transfer of powers and duties of the department of talent and economic development to the department of licensing and regulatory affairs, see E.R.O. No. 2019-3, compiled at MCL 125.1998.