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) › 57-2018-8 - Part 8 Neighborhood Improvement Authorities (125.4802...125.4821) › Section 125.4807 - Board; Chief Executive Officer; Membership; Appointment; Terms; Vacancy; Oath; Open Meetings; Removal of Member; Financial Records; Writings Subject to Freedom of Information Act.

125.4807 Board; chief executive officer; membership; appointment; terms; vacancy; oath; open meetings; removal of member; financial records; writings subject to freedom of information act.
Sec. 807.
(1) An authority shall be under the supervision and control of a board consisting of the chief executive officer of the municipality or his or her designee and not less than 5 or more than 9 members as determined by the governing body of the municipality. Members shall be appointed by the chief executive officer of the municipality, subject to approval by the governing body of the municipality. Not less than a majority of the members shall be persons having an ownership or business interest in property located in the development area. At least 1 of the members shall be a resident of the development area or of an area within 1/2 mile of any part of the development area. Of the members first appointed, an equal number of the members, as near as is practicable, shall be appointed for 1 year, 2 years, 3 years, and 4 years. A member shall hold office until the member's successor is appointed. After the initial appointment, each member shall serve for a term of 4 years. An appointment to fill a vacancy shall be made by the chief executive officer of the municipality for the unexpired term only. Members of the board shall serve without compensation, but shall be reimbursed for actual and necessary expenses. The chairperson of the board shall be elected by the board.
(2) Before assuming the duties of office, a member shall qualify by taking and subscribing to the constitutional oath of office.
(3) The proceedings and rules of the board are subject to the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. The board shall adopt rules governing its procedure and the holding of regular meetings, subject to the approval of the governing body. Special meetings may be held if called in the manner provided in the rules of the board.
(4) After having been given notice and an opportunity to be heard, a member of the board may be removed for cause by the governing body.
(5) All expense items of the authority shall be publicized monthly and the financial records shall always be open to the public.
(6) A writing prepared, owned, used, in the possession of, or retained by the board in the performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-8 - Part 8 Neighborhood Improvement Authorities (125.4802...125.4821) › Section 125.4809 - Municipal Retirement and Insurance Programs; Participation.

125.4809 Municipal retirement and insurance programs; participation.
Sec. 809.
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) › 57-2018-8 - Part 8 Neighborhood Improvement Authorities (125.4802...125.4821) › Section 125.4811 - Financing Sources; Disposition of Money Received.

125.4811 Financing sources; disposition of money received.
Sec. 811.
(1) The activities of the authority shall be financed from 1 or more of the following sources:
(a) Donations to the authority for the performance of its functions.
(b) Money borrowed and to be repaid as authorized by sections 812 and 813.
(c) Revenues from any property, building, or facility owned, leased, licensed, or operated by the authority or under its control, subject to the limitations imposed upon the authority by trusts or other agreements.
(d) Proceeds of a tax increment financing plan established under sections 814 to 816.
(e) Proceeds from a special assessment district created as provided by law.
(f) Money obtained from other sources approved by the governing body of the municipality or otherwise authorized by law for use by the authority or the municipality to finance a development program.
(2) Money received by the authority and not covered under subsection (1) shall immediately be deposited to the credit of the authority, subject to disbursement under this part. Except as provided in this part, the municipality shall not obligate itself, and shall not be obligated, to pay any sums from public funds, other than money received by the municipality under this section, for or on account of the activities of the authority.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-8 - Part 8 Neighborhood Improvement Authorities (125.4802...125.4821) › Section 125.4812 - Borrowing Money and Issuing Negotiable Revenue Bonds.

125.4812 Borrowing money and issuing negotiable revenue bonds.
Sec. 812.
The authority may borrow money and issue its negotiable revenue bonds under the revenue bond act of 1933, 1933 PA 94, MCL 141.101 to 141.140.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-8 - Part 8 Neighborhood Improvement Authorities (125.4802...125.4821) › Section 125.4815 - Tax Increment Revenues; Transmission to Authority; Expenditures.

125.4815 Tax increment revenues; transmission to authority; expenditures.
Sec. 815.
(1) The municipal and county treasurers shall transmit tax increment revenues to the authority.
(2) The authority shall expend the tax increment revenues received for the development program only under the terms of the tax increment financing plan. Unused funds shall revert proportionately to the respective taxing bodies. Tax increment revenues shall not be used to circumvent existing property tax limitations. The governing body of the municipality may abolish the tax increment financing plan if it finds that the purposes for which it was established are accomplished. However, the tax increment financing plan shall not be abolished, allowed to expire, or otherwise terminate until the principal of, and interest on, bonds issued under section 816 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) › 57-2018-8 - Part 8 Neighborhood Improvement Authorities (125.4802...125.4821) › Section 125.4816 - Authorization, Issuance, and Sale of Tax Increment Bonds; Limitations; Pledge; Resolution to Create Lien on Revenues; Limited Tax Pledge.

125.4816 Authorization, issuance, and sale of tax increment bonds; limitations; pledge; resolution to create lien on revenues; limited tax pledge.
Sec. 816.
(1) By resolution of its governing body, the authority may authorize, issue, and sell tax increment bonds subject to the limitations set forth in this subsection to finance the development program of the tax increment financing plan. The tax increment bonds issued by the authority under this subsection shall pledge solely the tax increment revenues of a development area in which the project is located or a development area from which tax increment revenues may be used for this project, or both. In addition or in the alternative, the bonds issued by the authority under this subsection may be secured by any other revenues identified in section 811 as sources of financing for activities of the authority that the authority shall specifically pledge in the resolution. However, except as otherwise provided in this section, the full faith and credit of the municipality shall not be pledged to secure bonds issued under this subsection. The bond issue may include a sum sufficient to pay interest on the tax increment bonds until full development of tax increment revenues from the project and also a sum to provide a reasonable reserve for payment of principal and interest on the bonds. The resolution authorizing the bonds shall create a lien on the tax increment revenues and other revenues pledged by the resolution that shall be a statutory lien and shall be a first lien subject only to liens previously created. The resolution may provide the terms upon which additional bonds may be issued of equal standing and parity of lien as to the tax increment revenues and other revenues pledged under the resolution. Bonds issued under this subsection are subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
(2) The municipality, by majority vote of the members of its governing body, may make a limited tax pledge to support the authority's tax increment bonds or notes or, if authorized by the voters of the municipality, may pledge its unlimited tax full faith and credit for the payment of the principal of and interest on the authority's tax increment bonds or notes.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-8 - Part 8 Neighborhood Improvement Authorities (125.4802...125.4821) › Section 125.4817 - Development Plan; Contents.

125.4817 Development plan; contents.
Sec. 817.
(1) If a board decides to finance a project in a development area by the use of revenue bonds as authorized in section 812 or tax increment financing as authorized in sections 814, 815, and 816, it shall prepare a development plan.
(2) The development plan shall contain all of the following:
(a) The designation of boundaries of the development area in relation to highways, streets, streams, or otherwise.
(b) The location and extent of existing streets and other public facilities within the development area, designating the location, character, and extent of the categories of public and private land uses then existing and proposed for the development area, including residential, recreational, commercial, industrial, educational, and other uses, and including a legal description of the development area.
(c) A description of existing improvements in the development area to be demolished, repaired, or altered, a description of any repairs and alterations, and an estimate of the time required for completion.
(d) The location, extent, character, and estimated cost of the improvements including rehabilitation contemplated for the development area and an estimate of the time required for completion.
(e) A statement of the construction or stages of construction planned, and the estimated time of completion of each stage.
(f) A description of any parts of the development area to be left as open space and the use contemplated for the space.
(g) A description of any portions of the development area that the authority desires to sell, donate, exchange, or lease to or from the municipality and the proposed terms.
(h) A description of desired zoning changes and changes in streets, street levels, intersections, or utilities.
(i) An estimate of the cost of the development, a statement of the proposed method of financing the development, and the ability of the authority to arrange the financing.
(j) Designation of the person or persons, natural or corporate, to whom all or a portion of the development is to be leased, sold, or conveyed in any manner and for whose benefit the project is being undertaken if that information is available to the authority.
(k) The procedures for bidding for the leasing, purchasing, or conveying in any manner of all or a portion of the development upon its completion, if there is no express or implied agreement between the authority and persons, natural or corporate, that all or a portion of the development will be leased, sold, or conveyed in any manner to those persons.
(l) The requirement that amendments to an approved development plan or tax increment plan must be submitted by the authority to the governing body for approval or rejection.
(m) Other material that the authority, local public agency, or governing body considers pertinent.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-8 - Part 8 Neighborhood Improvement Authorities (125.4802...125.4821) › Section 125.4818 - Development Plan; Public Hearing; Notice; Opportunity to Speak and Provide Written Comment.

125.4818 Development plan; public hearing; notice; opportunity to speak and provide written comment.
Sec. 818.
(1) The governing body, before adoption of an ordinance approving a development plan or tax increment financing plan, shall hold a public hearing on the development plan. Notice of the time and place of the hearing shall be given by publication twice in a newspaper of general circulation designated by the municipality, the first of which shall be not less than 20 days before the date set for the hearing. Notice of the hearing shall be posted in at least 20 conspicuous and public places in the development area not less than 20 days before the hearing. Notice shall also be mailed to all property taxpayers of record in the development area and to the governing body of each taxing jurisdiction levying taxes that would be subject to capture if the tax increment financing plan is approved not less than 20 days before the hearing.
(2) Notice of the time and place of hearing on a development plan shall contain all of the following:
(a) A description of the proposed development area in relation to highways, streets, streams, or otherwise.
(b) A statement that maps, plats, and a description of the development plan, including the method of relocating families and individuals who may be displaced from the area, if any, are available for public inspection at a place designated in the notice.
(c) A statement that all aspects of the development plan will be open for discussion at the public hearing.
(d) Other information that the governing body considers appropriate.
(3) At the time set for the hearing, the governing body shall provide an opportunity for interested persons to speak and shall receive and consider communications in writing. The hearing shall provide the fullest opportunity for expression of opinion, for argument on the merits, and for consideration of documentary evidence pertinent to the development plan. The governing body shall make and preserve a record of the public hearing, including all data presented at the hearing.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-8 - Part 8 Neighborhood Improvement Authorities (125.4802...125.4821) › Section 125.4819 - Development Plan or Tax Increment Financing Plan as Public Purpose; Consideration for Approval, Rejection, or Modification.

125.4819 Development plan or tax increment financing plan as public purpose; consideration for approval, rejection, or modification.
Sec. 819.
The governing body after a public hearing on the development plan or the tax increment financing plan, or both, with notice given under section 818, shall determine whether the development plan or tax increment financing plan constitutes a public purpose. If it determines that the development plan or tax increment financing plan constitutes a public purpose, it shall by ordinance approve or reject the plan, or approve it with modification, based on the following considerations:
(a) The plan meets the requirements under section 817(2).
(b) The proposed method of financing the development is feasible and the authority has the ability to arrange the financing.
(c) The development is reasonable and necessary to carry out the purposes of this part.
(d) The land included within the development area to be acquired is reasonably necessary to carry out the purposes of the plan and of this part in an efficient and economically satisfactory manner.
(e) The development plan is in reasonable accord with the land use plan of the municipality.
(f) Public services, such as fire and police protection and utilities, are or will be adequate to service the project area.
(g) Changes in zoning, streets, street levels, intersections, and utilities are reasonably necessary for the project and for the municipality.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-8 - Part 8 Neighborhood Improvement Authorities (125.4802...125.4821) › Section 125.4820 - Budget; Submission; Approval; Cost of Handling and Auditing Funds.

125.4820 Budget; submission; approval; cost of handling and auditing funds.
Sec. 820.
(1) The director of the authority shall submit a budget to the board for the operation of the authority for each fiscal year before the beginning of the fiscal year. The budget shall be prepared in the manner and contain the information required of municipal departments. After review by the board, the budget shall be submitted to the governing body. The governing body must approve the budget before the board may adopt the budget. Unless authorized by the governing body or this part, funds of the municipality shall not be included in the budget of the authority.
(2) The governing body of the municipality may assess a reasonable pro rata share of the funds for the cost of handling and auditing the funds against the funds of the authority, other than those committed, which shall be paid annually by the board pursuant to an appropriate item in its budget.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-8 - Part 8 Neighborhood Improvement Authorities (125.4802...125.4821) › Section 125.4821 - Dissolution of Authority; Property and Assets.

125.4821 Dissolution of authority; property and assets.
Sec. 821.
An authority that has completed the purposes for which it was organized shall be dissolved by ordinance of the governing body. The property and assets of the authority remaining after the satisfaction of the obligations of the authority belong to the municipality.
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915) › 57-2018-9 - Part 9 Reporting Requirements (125.4901...125.4915) › Section 125.4901 - Definitions.

125.4901 Definitions.
Sec. 901.
As used in this part:
(a) "Authority" means all of the following:
(i) An authority as defined in part 2.
(ii) An authority as defined in part 3.
(iii) An authority as defined in part 4.
(iv) An authority as defined in part 6.
(v) An authority as defined in part 7.
(vi) An authority as defined in part 8.
(b) "Municipality" means all of the following:
(i) A municipality as defined in part 2.
(ii) A municipality as defined in part 3.
(iii) A municipality as defined in part 4.
(iv) A municipality as defined in part 6.
(v) A municipality as defined in part 7.
(vi) An municipality as defined in part 8.
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) › 57-2018-9 - Part 9 Reporting Requirements (125.4901...125.4915) › Section 125.4912 - Copy or Electronic Mail Link of Adopted Development Plan or Tax Increment Finance Plan.

125.4912 Copy or electronic mail link of adopted development plan or tax increment finance plan.
Sec. 912.
Within 90 days of the effective date of this act, each authority shall send a copy or an electronic mail link of its currently adopted development plan or its currently adopted tax increment finance plan, if separate from the development plan, to the department of treasury.
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) › 57-2018-9 - Part 9 Reporting Requirements (125.4901...125.4915) › Section 125.4915 - Enforcement of Act.

125.4915 Enforcement of act.
Sec. 915.
(1) The department of treasury may institute proceedings to compel enforcement of this act and shall send written notification to an authority that fails to comply with this act, to each taxing jurisdiction that has tax increment revenues captured by the authority, and to the governing body of the municipality that established the authority of a violation of any provision of this act. The written notification shall specifically detail the authority's noncompliance with this act.
(2) If the department of treasury notifies an authority in writing that the authority failed to comply with any provision of this act, and after 60 days following receipt of that notice the authority does not comply, that authority shall not capture any tax increment revenues that are in excess of amounts necessary to pay bonded indebtedness and other obligations for the period of noncompliance. During the period of noncompliance, an authority cannot amend or approve a tax increment financing plan. However, if the period of noncompliance exceeds 2 consecutive years, that authority shall not capture any tax increment revenues that are in excess of amounts necessary to pay bonded indebtedness and other obligations without a resolution of authorization of the municipality that created the authority and each taxing jurisdiction whose ad valorem taxes are subject to capture by the authority. Any excess funds captured shall be returned to the taxing jurisdiction from which they were captured as follows:
(a) For part 2, as provided in section 215(2).
(b) For part 3, as provided in section 314(2).
(c) For part 4, as provided in section 413(2).
(d) For part 5, as provided in section 523(7).
(e) For part 6, as provided in section 619(2).
(f) For part 7, as provided in section 716(2).
(g) For part 8, as provided in section 815(2).
History:
2018, Act 57, Eff. Jan. 1, 2019
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 215 of 1937 - Cemetery or Burial Grounds (128.1 - 128.4) › Section 128.1 - Perpetual Care and Maintenance of Cemetery or Burial Lot; Resolution or Ordinance; Payment; Investment in Mutual Funds; Petition to Transfer Money to Municipality.

128.1 Perpetual care and maintenance of cemetery or burial lot; resolution or ordinance; payment; investment in mutual funds; petition to transfer money to municipality.
Sec. 1.
(1) The legislative body of a municipality owning or controlling a cemetery or burial grounds may by resolution or ordinance provide for the perpetual care and maintenance of the cemetery or a burial lot upon the payment by the owner of the lot or another person of the agreed upon sum, and in consideration for which the municipality may bind itself to perpetually care for and maintain the lot.
(2) Subject to subsection (3), money deposited in a perpetual care and maintenance fund for a cemetery owned or controlled by a municipality may be invested in mutual funds consisting of fixed income securities, equity securities, or both, if both of the following requirements are met:
(a) The equity position of the perpetual care and maintenance fund does not exceed 60% of the perpetual care and maintenance fund balance and the equity position does not contain more than 40% in any given asset category.
(b) Each mutual fund is rated in the top 2 of 5 or more tiers by Morningstar, Inc. or another nationally recognized mutual fund rating agency at the time of purchase.
(3) Subsection (2) does not prohibit any other investments that may be authorized by law.
(4) A testamentary trustee appointed by a probate court of a trust fund, the income from which is to be used to maintain a cemetery or burial lot, may, upon petition to the probate court that authorized the trustee's appointment, be authorized and directed by the court to transfer the money in the trustee's possession in the corpus of the trust to a municipality under an ordinance or resolution adopted under subsection (1). Upon receipt of the money filed with the probate court the testamentary trustee may be discharged from the trust.
History:
1937, Act 215, Imd. Eff. July 21, 1937 ;-- CL 1948, 128.1 ;-- Am. 1980, Act 366, Imd. Eff. Dec. 30, 1980 ;-- Am. 2016, Act 13, Eff. May 16, 2016
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 215 of 1937 - Cemetery or Burial Grounds (128.1 - 128.4) › Section 128.2 - Joint Cemetery Authority; Formation and Purpose.

128.2 Joint cemetery authority; formation and purpose.
Sec. 2.
The legislative body of 2 or more municipalities may authorize the formation of a nonprofit corporation as a joint cemetery authority to acquire, own, operate, maintain, and sell real and personal property used for a cemetery or burial ground.
History:
Add. 1980, Act 366, Imd. Eff. Dec. 30, 1980
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 215 of 1937 - Cemetery or Burial Grounds (128.1 - 128.4) › Section 128.3 - "Community Foundation" and "Municipality" Defined.

128.3 "Community foundation" and "municipality" defined.
Sec. 3.
As used in this act:
(a) "Community foundation" means an organization that meets all of the following requirements:
(i) Has been in existence for at least 10 years.
(ii) Has assets of at least $10,000,000.00.
(iii) Qualifies for exemption from federal income taxation under 501(c)(3) of the internal revenue code, 26 USC 501(c)(3).
(iv) Supports a broad range of charitable activities within the specific geographic area of this state that it serves, such as a municipality.
(v) Maintains an ongoing program to attract new endowment funds by seeking gifts and bequests from a wide range of potential donors in the geographic area served.
(vi) Is publicly supported, as defined by 26 CFR 1.170A-9(f).
(vii) Meets the requirements for treatment as a single entity under 26 CFR 1.170A-9(f)(11).
(viii) Is not an organization described in section 509(a)(3) of the internal revenue code, 26 USC 509(a)(3).
(ix) Has an independent governing body representing the general public's interest and that is not appointed by a single outside entity.
(x) Maintains continually at least 1 part-time or full-time employee beginning not later than 6 months after the community foundation is incorporated or established.
(xi) Is subject to an annual independent financial audit.
(xii) For a community foundation that is incorporated or established after January 9, 2001, operates in a county of this state that was not served by a community foundation when the community foundation was incorporated or established or operates as a geographic component of an existing community foundation.
(b) "Municipality" means a city, village, township, or county.
History:
Add. 1980, Act 366, Imd. Eff. Dec. 30, 1980 ;-- Am. 2014, Act 422, Imd. Eff. Dec. 30, 2014
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 215 of 1937 - Cemetery or Burial Grounds (128.1 - 128.4) › Section 128.4 - Irrevocable Endowment and Perpetual Care Fund; Establishment as Component Fund Within Community Foundation; Powers and Duties of Community Foundation; "Fund" Defined.

128.4 Irrevocable endowment and perpetual care fund; establishment as component fund within community foundation; powers and duties of community foundation; "fund" defined.
Sec. 4.
(1) Subject to this section, to lessen the burden of government, each municipality with a municipally owned cemetery may establish and maintain an irrevocable endowment and perpetual care fund as a component fund within a community foundation by entering into an irrevocable agreement with the community foundation.
(2) The amounts deposited into the fund shall be held in perpetuity by the community foundation except that the community foundation shall annually authorize 2 distributions of interest and other earnings to the municipality for care and maintenance of the cemetery. The withdrawals shall be documented. The cemetery shall maintain records showing that earnings from the fund are used exclusively for endowment and for care and maintenance of the cemetery. The community foundation is not responsible for ascertaining that money paid to the municipality is expended for the limited purposes authorized in this subsection.
(3) Subject to the terms of the agreement, the fees and costs of the community foundation for services under this section and the agreement may be paid from the principal of the fund.
(4) The community foundation shall submit to the legislative body of the municipality an annual fund statement that includes all of the following information for the reporting period:
(a) Beginning and ending fund balances.
(b) Deposits to the fund, including interest and earnings from fund investments.
(c) Documentation of distributions from the fund under subsection (2).
(d) Documentation of any expenditures under subsection (3).
(5) As used in this section, "fund" means an endowment and perpetual care fund established under subsection (1).
History:
Add. 2014, Act 422, Imd. Eff. Dec. 30, 2014
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 46 of 1931 - Public Cemeteries (128.11 - 128.16) › Section 128.11 - Definitions.

128.11 Definitions.
Sec. 1.
The term “cemetery” as used herein shall be deemed to refer to any public cemetery owned, managed or controlled by any city, village or township within this state. “Cemetery Board” as used herein shall be construed as referring to and including any board, trustees or public official or officials invested by law with the duty of managing or controlling any public cemetery as herein defined. “Burial space” means a lot or portion thereof in any cemetery as aforesaid designed and intended for the interment of human bodies or of a human body, but not used for such purpose. “Owner” means any person or persons owning or possessing the privilege, license or right of interment in any burial space.
History:
1931, Act 46, Eff. Sept. 18, 1931 ;-- Am. 1947, Act 149, Eff. Oct. 11, 1947 ;-- CL 1948, 128.11 ;-- Am. 1949, Act 107, Imd. Eff. May 17, 1949
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 46 of 1931 - Public Cemeteries (128.11 - 128.16) › Section 128.12 - Failing or Neglecting to Care for and Maintain Burial Space; Proceedings for Termination and Forfeiture of Owner's Rights and Interest; Resolution; Petition; Service; Publication of Hearing Notice; Failure to Appear and Answer; Default.

128.12 Failing or neglecting to care for and maintain burial space; proceedings for termination and forfeiture of owner's rights and interest; resolution; petition; service; publication of hearing notice; failure to appear and answer; default.
Sec. 2.
If the owner of a burial space in a public cemetery, subject to the provisions of this act, fails and neglects for a period of 7 years or more to care for and maintain the burial space in accordance with the laws, rules, and regulations relating to the care and maintenance of burial spaces, the cemetery board may institute proceedings for the termination and forfeiture of the owner's rights and interest in the burial space. If the cemetery board determines that the owner has failed or neglected to care and maintain the burial space, the cemetery board shall adopt a resolution reciting this determination. A certified copy of the resolution shall be served on the owner personally by a competent person or shall be sent by first class mail to the owner's last known address. If within 30 days after the sending of the resolution the owner does not comply or make provisions for complying with the laws, rules, and regulations, the cemetery board may cause a petition to be filed in the circuit court for the county in which the cemetery is located. The petition shall set forth the facts relating to the sale and ownership of the burial space, the owner's failure and neglect to comply with the laws, rules, and regulations for the care and maintenance of the burial space, and shall ask for the termination and forfeiture of the owner's rights to the burial space. The petition shall be noticed for a hearing, on a date not less than 40 days from the date of filing. Within 15 days after filing, a copy of the petition with the hearing notice shall be personally served on the owner or copies of the petition shall be sent by first class mail to the last known address of the owner. Notice of the hearing shall be published once each week for 3 successive weeks in a newspaper of general circulation in the county in which the cemetery is located. The first notice shall be published not less than 30 days before the date of hearing. After the petition and notice have been served or sent, it is the owner's duty to appear and answer to the allegations of the petition. If the owner fails to appear and answer on the day noticed for hearing, the owner's default may be entered in the manner provided for by law.
History:
1931, Act 46, Eff. Sept. 18, 1931 ;-- CL 1948, 128.12 ;-- Am. 1989, Act 14, Imd. Eff. May 10, 1989
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 46 of 1931 - Public Cemeteries (128.11 - 128.16) › Section 128.13 - Burial Space; Proceedings for Termination of Rights; Forfeiture; City, Village or Township May Re-Sell; Copy of Order Served on Owner; Redemption.

128.13 Burial space; proceedings for termination of rights; forfeiture; city, village or township may re-sell; copy of order served on owner; redemption.
Sec. 3.
On the day noticed for the hearing of said petition or on any subsequent day to which the hearing of the cause is adjourned, the proofs and allegations of the parties shall be presented to the court and if said court shall determine therefrom that the owner has failed and neglected for a period of 7 years preceding the filing of said petition to comply with the rules and regulations relating to the maintenance and the care of said burial space or spaces, an order shall be entered accordingly, forfeiting and terminating the rights and interest of such owner in and to said burial space or spaces, subject to the provisions of this act, and shall further provide that the city, village or township, through and by its proper board or other officials shall have the right to re-sell such spaces and to use the proceeds derived from such sale in the manner and for the purposes hereinafter provided. A duly certified copy of such order shall, within a period of 10 days after the entering thereof, be personally served on such owner or shall be sent by registered mail to his last known place of address. Following the entering of such order aforesaid, the owner shall have a period of 60 days in which to redeem the right or interest in and to such spaces by paying the costs incurred in the proceeding, not exceeding $15.00, and by complying with the rules and regulations provided for the care and maintenance thereof, or by making provision for such compliance. If it shall be made to appear to the court at any time before the expiration of such 60 day period that the owner has so redeemed the right or interest, an order shall be made and entered, setting aside the previous order of termination and forteiture.
History:
1931, Act 46, Eff. Sept. 18, 1931 ;-- Am. 1933, Act 72, Imd. Eff. May 5, 1933 ;-- Am. 1935, Act 18, Eff. Sept. 21, 1935 ;-- Am. 1937, Act 150, Imd. Eff. July 2, 1937 ;-- Am. 1939, Act 257, Imd. Eff. June 15, 1939 ;-- Am. 1941, Act 187, Imd. Eff. June 16, 1941 ;-- CL 1948, 128.13 ;-- Am. 1949, Act 107, Imd. Eff. May 17, 1949
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 46 of 1931 - Public Cemeteries (128.11 - 128.16) › Section 128.14 - Duty of Board.

128.14 Duty of board.
Sec. 4.
It shall be the duty of the cemetery board to keep an accurate account of all expenses incurred by it under the provision of this act and shall charge such expenses against the burial spaces involved. If, at the expiration of 60 days from and after the entering of the order of termination and forfeiture hereinbefore provided for, the owner shall not have redeemed his right or interest, the board is authorized and empowered to maintain and care for the burial space or spaces involved and shall keep an accurate and detailed account of all money expended for such purpose.
History:
1931, Act 46, Eff. Sept. 18, 1931 ;-- CL 1948, 128.14
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 46 of 1931 - Public Cemeteries (128.11 - 128.16) › Section 128.15 - Reconveyance; Perpetual Care Trust Fund.

128.15 Reconveyance; perpetual care trust fund.
Sec. 5.
At any time during the period of 2 years from and after the entering of the order of termination and forfeiture, the owner of any burial space or spaces shall be entitled to a reconveyance to him by the cemetery board on the payment of the costs and expenses incurred in said proceeding, not exceeding 15 dollars, in the care and maintenance of such space or spaces. If such reconveyance is not sought and obtained during said 2 year period, then and thereupon the cemetery board shall be authorized and empowered to offer such spaces for sale in accordance with the rules and regulations of said board governing the sale of lots and spaces in the cemetery concerned. The proceeds derived therefrom shall be used to defray the expenses incurred in accordance with the provisions of this act and the balance, if any, shall be placed in a fund to be known as the “Perpetual care trust fund” of the cemetery. The income therefrom shall be used by the board for the future maintenance, care and upkeep of the cemetery.
History:
1931, Act 46, Eff. Sept. 18, 1931 ;-- CL 1948, 128.15
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 46 of 1931 - Public Cemeteries (128.11 - 128.16) › Section 128.16 - Rights Not Forfeited; Conditions.

128.16 Rights not forfeited; conditions.
Sec. 6.
Nothing in this act contained shall be construed to authorize the forfeiture or termination of rights or interest in and to any burial space that has been used for interment nor shall any such space be subject to resale under the provisions hereof.
History:
1931, Act 46, Eff. Sept. 18, 1931 ;-- CL 1948, 128.16
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 49 of 1895 - Vacating Cemetery in Township (128.31 - 128.36) › Section 128.31 - Removal of Private Cemetery; Complaint; Grounds; Proceedings to Vacate; Power of Circuit Court.

128.31 Removal of private cemetery; complaint; grounds; proceedings to vacate; power of circuit court.
Sec. 1.
When a complaint is made in writing to the board of trustees of a township in this state, by 10 or more residents of the township, setting forth the fact that a private cemetery within the bounds of the township should be removed for the reason that the cemetery has become commons, has become neglected or abandoned by its owner or owners, has become a public nuisance, or shall impede the growth of a city or village in the township, or when a private cemetery endangers the health of the people living in the immediate vicinity of the private cemetery, the township board of trustees immediately shall institute proceedings to vacate the cemetery in the manner provided in this act. The circuit court for the county in which the cemetery is located may vacate the private cemetery, or a part of the private cemetery, on petition made to the court as provided in this act.
History:
1895, Act 49, Eff. Aug. 30, 1895 ;-- CL 1897, 2387 ;-- CL 1915, 2163 ;-- CL 1929, 2657 ;-- CL 1948, 128.31 ;-- Am. 1980, Act 367, Imd. Eff. Dec. 30, 1980
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 49 of 1895 - Vacating Cemetery in Township (128.31 - 128.36) › Section 128.32 - Petition; Filing; Contents; Notice; Neglect or Refusal to Appoint Attorney or Agent; Proceeding by Freeholder Resident; Security for Costs.

128.32 Petition; filing; contents; notice; neglect or refusal to appoint attorney or agent; proceeding by freeholder resident; security for costs.
Sec. 2.
The petition shall be made by the board of trustees by an agent or attorney appointed by it for that purpose. The agent or attorney shall file a petition signed and sworn to by the agent or attorney, in the office of the register of the court for the proper county. The petition shall set forth his or her authority as attorney or agent, the particular reasons for making and filing the petition, and a distinct description of the premises on which the cemetery is located. The petition shall be filed 30 days before the first day of the term for which the petition shall be noticed for hearing. Notice of the pendency and hearing of the petition shall be given for the same space of time, by publishing the same in a newspaper, published in the proper county, once in each week for 4 successive weeks before the first day of the term when the case is noticed for hearing. If the board of trustees neglects or refuses to appoint an attorney or agent within 30 days after the complaint in writing has been filed with the board, then a freeholder resident of the township may file the petition and proceed in the same manner as though regularly appointed as an agent or attorney. The freeholder may be required, upon the order of the circuit court, to furnish security for costs should the petition be denied.
History:
1895, Act 49, Eff. Aug. 30, 1895 ;-- CL 1897, 2388 ;-- CL 1915, 2164 ;-- CL 1929, 2658 ;-- CL 1948, 128.32 ;-- Am. 1980, Act 367, Imd. Eff. Dec. 30, 1980
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 49 of 1895 - Vacating Cemetery in Township (128.31 - 128.36) › Section 128.33 - Hearing; Burden of Proof; Order, Recording.

128.33 Hearing; burden of proof; order, recording.
Sec. 3.
That the hearing on such petition may be continued from term to term, in the discretion of the court, without further notice; that all testimony may be taken in open court, or the taking of the same may be referred, in the discretion of the court, to a circuit court commissioner of the proper county; that, under the discretion of the court, proper issues may be made for the determination of all questions of law and fact, and all questions of compensation to any person or persons to be affected by such proceedings, and all questions touching the compensation to be paid by the person or persons to whom said premises or any part thereof shall be sold after the same shall have been vacated as such cemetery, and all issues of fact may be tried by a jury, or 3 commissioners, if the court shall so order, and any person adversely interested may cause himself to be made defendant to such petition. In all cases where reference shall be made to a jury or commissioners to determine the compensation to be paid to or by any persons as aforesaid, the proceedings upon such reference, shall, so far as practicable, be like those had in cases where a jury is impaneled or commissioners are selected, to ascertain and determine the necessity of taking lands, franchises, and other property for the construction of railroads, and to appraise the damages and compensation to be allowed therefor. If upon hearing, such petitioner shall produce satisfactory evidence to the court that the notice required by this act has been given, and that such cemetery should be vacated in whole or in part, as a place of burial, for any of the reasons given in this act for vacating cemeteries, such court shall thereupon order that such cemetery shall be vacated, in whole or in part, as a place of burial. That a copy of such order, certified by the register of such court under his seal, shall be recorded by the petitioners in the office of the register of deeds of the proper county.
History:
1895, Act 49, Eff. Aug. 30, 1895 ;-- CL 1897, 2389 ;-- CL 1915, 2165 ;-- CL 1929, 2659 ;-- CL 1948, 128.33
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 49 of 1895 - Vacating Cemetery in Township (128.31 - 128.36) › Section 128.34 - Reinterment of Dead Bodies and Remains; Removal and Erection of Fences, Tombstones, and Monuments; Removal During Certain Months Prohibited; Exception; Costs.

128.34 Reinterment of dead bodies and remains; removal and erection of fences, tombstones, and monuments; removal during certain months prohibited; exception; costs.
Sec. 4.
(1) When a cemetery is vacated as provided in this act, the township board of trustees shall cause all the dead bodies and remains buried in the cemetery to be reinterred in the cemetery of the township, if it has a cemetery, and if not, then in some suitable cemetery in an adjoining township, in a prudent, careful, and respectful manner, and shall cause to be removed and again erected over the proper remains, permanent fences around graves and lots, tombstones, and monuments, with as little injury possible. If the cemetery vacated belongs to a religious society or church, and another suitable cemetery belonging to the same church or denominational society exists within the township or an adjoining township, then the removal may be made to that cemetery instead of to the township cemetery. A removal of bodies and remains shall not be made during June, July, August, or September, except in the Upper Peninsula.
(2) The removal and the cost of the proceedings under this act shall be at the expense of, and paid by, the township in which the cemetery is situated. If the proceeding is instituted by an individual, without the consent of the township board of trustees, and the petition is denied by the court, the person instituting the proceeding shall be required to pay the costs allowed by order of the circuit court.
History:
1895, Act 49, Eff. Aug. 30, 1895 ;-- CL 1897, 2390 ;-- CL 1915, 2166 ;-- CL 1929, 2660 ;-- CL 1948, 128.34 ;-- Am. 1980, Act 367, Imd. Eff. Dec. 30, 1980
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 49 of 1895 - Vacating Cemetery in Township (128.31 - 128.36) › Section 128.35 - Reimbursement of Lot Owner.

128.35 Reimbursement of lot owner.
Sec. 5.
If the land vacated reverts to the township or to a person, the township, on demand, and upon the conveyance of the lot, if conveyance is necessary, to the township board of trustees or private person, shall repay to the owner the price the owner paid for the lot.
History:
1895, Act 49, Eff. Aug. 30, 1895 ;-- CL 1897, 2391 ;-- CL 1915, 2167 ;-- CL 1929, 2661 ;-- CL 1948, 128.35 ;-- Am. 1980, Act 367, Imd. Eff. Dec. 30, 1980
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 49 of 1895 - Vacating Cemetery in Township (128.31 - 128.36) › Section 128.36 - Reversion to Original Owner; Conditions.

128.36 Reversion to original owner; conditions.
Sec. 6.
In all cases where the land embraced in the cemetery so vacated shall not exceed 1 acre in area it shall revert to the original grantor or his heirs, or be so conveyed to him or them by the said township if necessary: Provided, said grantor or his heirs shall first pay to said township the value of said land based upon the market price of like land in the immediate vicinity.
History:
1895, Act 49, Eff. Aug. 30, 1895 ;-- CL 1897, 2392 ;-- CL 1915, 2168 ;-- CL 1929, 2662 ;-- CL 1948, 128.36