125.4201 Definitions. Sec. 201. As used in this part: (a) “Advance” means a transfer of funds made by a municipality to an authority or to another person on behalf of the authority in anticipation of repayment by the authority. Evidence of the intent to repay an advance may include, but is not limited to, an […]
125.4201a Legislative findings. Sec. 201a. The legislature finds all of the following: (a) That there exists in this state conditions of property value deterioration detrimental to the state economy and the economic growth of the state and its local units of government. (b) That government programs are desirable and necessary to eliminate the causes of […]
125.4202 Authority; establishment; restriction; public body corporate; powers generally. Sec. 202. (1) Except as otherwise provided in this subsection, a municipality may establish 1 authority. If, before November 1, 1985, a municipality establishes more than 1 authority, those authorities may continue to exist as separate authorities. Under the conditions described in section 203a, a municipality […]
125.4203 Resolution of intent to create and provide for operation of authority; public hearing on proposed ordinance creating authority and designating boundaries of downtown district; notice; exemption of taxes from capture; action by library board or commission; adoption, filing, and publication of ordinance; altering or amending boundaries; agreement with adjoining municipality; agreement with qualified township. […]
125.4203a Authority of annexing or consolidated municipality; obligations, agreements, and bonds. Sec. 203a. If a downtown district is part of an area annexed to or consolidated with another municipality, the authority managing that district shall become an authority of the annexing or consolidated municipality. Obligations of that authority incurred under a development or tax increment […]
125.4203b Ratification and validation of ordinance and actions; compliance. Sec. 203b. (1) An ordinance enacted by a municipality that has a population of less than 50,000 establishing an authority, creating a district, or approving a development plan or tax increment financing plan, or an amendment to an authority, district, or plan, and all actions taken […]
125.4203c Proceedings or findings; validity. Sec. 203c. The validity of the proceedings or findings establishing an authority, or of the procedure, adequacy of notice, or findings with respect to the approval of a development plan or tax increment financing plan is conclusive with respect to the capture of tax increment revenues for an other protected […]
125.4203d Establishment or amendment of authority, district, or plan; notice; publication or posting. Sec. 203d. An ordinance enacted by a municipality that has a population of greater than 1,000 and less than 2,000 establishing an authority, creating a district, or approving a development plan or tax increment financing plan, or an amendment to an authority, […]
125.4204 Board; appointment, terms, and qualifications of members; vacancy; compensation and expenses; election of chairperson; appointment as public official; oath; conducting business at public meeting; public notice; special meetings; removal of member; review; expense items and financial records; availability of writings to public; single board governing all authorities; member as resident or having interest in […]
125.4205 Director; acting director; treasurer; secretary; legal counsel; other personnel. Sec. 205. (1) The board may employ and fix the compensation of a director, subject to the approval of the governing body of the municipality. The director shall serve at the pleasure of the board. A member of the board is not eligible to hold […]
125.4206 Participation of employees in municipal retirement and insurance programs. Sec. 206. The employees of an authority shall be eligible to participate in municipal retirement and insurance programs of the municipality as if they were civil service employees except that the employees of an authority are not civil service employees. History: 2018, Act 57, Eff. […]
125.4207 Powers of board; creation, operation, or funding of retail business incubator. Sec. 207. (1) The board may: (a) Prepare an analysis of economic changes taking place in the downtown district. (b) Study and analyze the impact of metropolitan growth upon the downtown district. (c) Plan and propose the construction, renovation, repair, remodeling, rehabilitation, restoration, […]
125.4208 Board serving as planning commission; agenda. Sec. 208. If a board created under this part serves as the planning commission under the Michigan planning enabling act, 2008 PA 33, MCL 125.3801 to 125.3885, the board shall include planning commission business in its agenda. History: 2018, Act 57, Eff. Jan. 1, 2019
125.4209 Authority as instrumentality of political subdivision. Sec. 209. The authority shall be deemed an instrumentality of a political subdivision for purposes of 1972 PA 227, MCL 213.321 to 213.332. History: 2018, Act 57, Eff. Jan. 1, 2019
125.4210 Taking, transfer, and use of private property. Sec. 210. A municipality may take private property under 1911 PA 149, MCL 213.21 to 213.25, for the purpose of transfer to the authority, and may transfer the property to the authority for use in an approved development, on terms and conditions it deems appropriate, and the […]
125.4211 Financing activities of authority; disposition of money received by authority; municipal obligations. Sec. 211. (1) The activities of the authority shall be financed from 1 or more of the following sources: (a) Donations to the authority for the performance of its functions. (b) Proceeds of a tax imposed pursuant to section 212. (c) Money […]
125.4212 Ad valorem tax; borrowing in anticipation of collection. Sec. 212. (1) An authority with the approval of the municipal governing body may levy an ad valorem tax on the real and tangible personal property not exempt by law and as finally equalized in the downtown district. The tax shall not be more than 1 […]
125.4213 Revenue bonds. Sec. 213. The authority may borrow money and issue its negotiable revenue bonds under the revenue bond act of 1933, 1933 PA 94, MCL 141.101 to 141.140. Revenue bonds issued by the authority shall not except as hereinafter provided be deemed a debt of the municipality or the state. The municipality by […]
125.4213a Borrowing money; issuing revenue bonds or notes; purpose; costs; security; pledge and lien of pledge valid and binding; filing or recordation not required; tax exemption; bonds or notes neither liability nor debt of municipality; statement; investment and deposit of bonds and notes. Sec. 213a. (1) The authority may with approval of the local governing […]
125.4213b Insufficient tax increment revenues to repay advance or pay obligation; contents, time, and payment of claim; appropriation and distribution of aggregate amount; limitations; distribution subject to lien; obligation as debt or liability; certification of distribution amount; basis for calculation of distributions and claim reports. Sec. 213b. (1) If the amount of tax increment revenues […]
