Michigan Compiled Laws
Act 338 of 1974 - Economic Development Corporations Act (125.1601 - 125.1636)
Section 125.1603 - Definitions.

Sec. 3.
As used in this act:
(a) "Corporation" means a corporation organized pursuant to this act.
(b) "Employee-owned corporation" means an employee-owned corporation as defined by the employee-owned corporation act.
(c) "Governing body" means the body in which the legislative powers of a municipality are vested.
(d) "Municipality" means a county, city, village, or township.
(e) "Local public agency" means the official body of a municipality authorized to plan and implement the development and redevelopment of the municipality.
(f) "Project" means land or an interest in land, existing or planned improvements, machinery, furnishings, or equipment suitable for use by any of the following:
(i) An industrial or commercial enterprise, including agricultural and forestry enterprises and enterprises designed to produce energy from renewable resources. Projects of an enterprise may include any of the following:
(A) Necessary buildings, improvements, or structures suitable for and intended for or incidental to use as an industrial or commercial enterprise.
(B) Industrial park or industrial site improvements or port improvements.
(C) A replacement housing project incidental to an industrial or commercial enterprise.
(D) The machinery, furnishings, leasehold improvements, or equipment necessary, suitable, intended for or incidental to a commercial, industrial, or residential use in connection with the buildings, improvements, or structures.
(E) Machinery, furnishings, leasehold improvements, or equipment, including pollution control facilities, to be installed or used primarily within a project area.
(ii) An enterprise in relation to a housing and neighborhood improvement program, which program involves either the clearing of land or the rehabilitation or construction of housing for the immediate sale of single-family or multifamily units at fair market value, or both. Housing and neighborhood improvement programs identified by this subparagraph shall constitute a project for purposes of this subparagraph if the area in which these improvement programs are to be undertaken are located in, or are eligible to be included in, blighted or redevelopment areas identified pursuant to 1945 PA 344, MCL 125.71 to 125.84; the urban redevelopment corporations law, 1941 PA 250, MCL 125.901 to 125.922; 1975 PA 197, MCL 125.1651 to 125.1681, or the tax increment finance authority act, 1980 PA 450, MCL 125.1801 to 125.1830.
(iii) A transit-oriented development.
(iv) A transit-oriented facility.
(g) "Project area" means that land area or an interest in a land area within the municipality which will be acquired in the implementation of a project or which will be the permanent site of machinery, furnishings, or equipment constituting all or part of a project.
(h) "Project citizens district council" means a project citizens district council established pursuant to this act.
(i) "Project cost" or "costs" means the cost of purchasing, acquiring, constructing, improving, enlarging, extending, or repairing a project. Project cost or costs includes any engineering, architectural, legal, accounting, financial, and other expenses incidental to the purchasing, acquiring, constructing, improving, enlarging, extending, or repairing of a project. Project cost or costs also includes the interest on the bonds and other obligations issued to pay project costs during the period of construction and after the period of construction until sufficient revenues have developed. Project cost or costs also includes a reserve or addition to a reserve for payment of principal and interest on the bonds and the amount required for operation and maintenance until sufficient revenues have developed.
(j) "Project district area" means that portion of a municipality and any area adjacent to a municipality, as determined by its governing body, which contains a project area and the surrounding territory that will be significantly affected by a project.
(k) "Project plan" means that information and those requirements for a project set forth in section 8.
(l) "Pollution control facilities" means water or air pollution control equipment or solid waste disposal facilities located within or without the limits of the municipality.
(m) "Solid waste disposal facilities" means buildings, plants, structures, equipment, or facilities and their appurtenances, together with land or an interest in land or a portion of land, for the purpose of treating, shredding, compression, high temperature incineration, pyrolization, separation, or any other technology for recovery, transporting, storing, or the final placement and disposal of solid wastes resulting from any process of industry, manufacture, trade, or business, from the development, processing, or recovery of any natural resources, or from the operation of any public utility. Solid waste disposal facilities includes buildings, plants, structures, equipment, or facilities and their appurtenances, together with land or an interest in land or a portion of land, which qualify as solid waste disposal facilities under section 103(b)(4) of the internal revenue code.
(n) "Transit-oriented development" means infrastructure improvements that are located within 1/2 mile of a transit station or transit-oriented facility that promotes transit ridership or passenger rail use.
(o) "Transit-oriented facility" means a facility that houses a transit station in a manner that promotes transit ridership or passenger rail use.
(p) "Water and air pollution control equipment" means buildings, plants, structures, equipment, or facilities and their appurtenances, together with land or an interest in land or a portion of land, for the purpose of controlling, eliminating, recovering, removing, reducing, dispersing, treating, or neutralizing atmospheric or water pollutants, including liquid, gaseous, or solid substances or discharges or radiation, or cooling the temperature of atmospheric or water pollutants, or any liquid, gas, or solid, resulting from any process of industry, manufacture, trade, or business; the development, processing, or recovery of any natural resources; or the operation of any public utility, any of which may pollute or may tend to pollute or affect the water or air of this state or adjacent to this state. Water and air pollution control equipment includes buildings, plants, structures, facilities, and equipment and their appurtenances, together with land or an interest in land or a portion of land, used or to be used as a change in a manufacturing, production, generation, transmission, or distribution process to prevent, reduce, recover, remove, disperse, neutralize, control, or eliminate air or water pollution. Water and air pollution control equipment includes buildings, plants, structures, equipment, or facilities and their appurtenances, together with land or an interest in land or a portion of land, which qualify as air or water pollution control facilities under section 103(b)(4) of the internal revenue code.
History: 1974, Act 338, Imd. Eff. Dec. 18, 1974 ;-- Am. 1976, Act 175, Imd. Eff. June 29, 1976 ;-- Am. 1978, Act 467, Imd. Eff. Oct. 16, 1978 ;-- Am. 1980, Act 501, Imd. Eff. Jan. 22, 1981 ;-- Am. 1985, Act 154, Imd. Eff. Nov. 12, 1985 ;-- Am. 2010, Act 240, Imd. Eff. Dec. 14, 2010 Compiler's Notes: Section 2 of Act 501 of 1980 provides: “This amendatory act shall not take effect in a city with a population of greater than 750,000 persons until a subsidiary corporation described under section 6a has been created by the corporation of that city. In addition, any project for which a corporation has designated the project area at the time this amendatory act takes effect shall be exempt from the requirement of payment of the prevailing wage and fringe benefit rates described in section 8(4)(h).”Act 86 of 1984 amended enacting section 2 of Act No. 501 of 1980 to read as follows: “Section 2. Except for the issuance of bonds and entry into loan agreements by a corporation to refund bonds issued before January 21, 1981, under Act No. 62 of the Public Acts of 1963, being sections 125.1251 to 125.1267 of the Michigan Compiled Laws, this amendatory act shall not take effect in a city with a population of greater than 750,000 persons until a subsidiary corporation described under section 6a has been created by the corporation of that city. In addition, any project for which a corporation has designated the project area at the time this amendatory act takes effect shall be exempt from the requirement of payment of the prevailing wage and fringe benefit rates described in section 8(4)(h).

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 125 - Planning, Housing, and Zoning

Act 338 of 1974 - Economic Development Corporations Act (125.1601 - 125.1636)

Section 125.1601 - Short Title.

Section 125.1602 - Legislative Finding.

Section 125.1603 - Definitions.

Section 125.1604 - Economic Development Corporation; Incorporation; Application; Notice; Hearing; Approval; Board of Directors; Appointment, Qualifications, Terms, and Compensation of Directors; Public Meetings; Directors as Public Officers; Expirati...

Section 125.1605 - Approval of Application to Incorporate and Articles of Incorporation by Resolution; Incorporation Pursuant to MCL 125.1628 to 125.1636.

Section 125.1606 - Organization of Corporation at Municipal and County Levels; Limitation.

Section 125.1606a - Subsidiary Neighborhood Development Corporation; Creation; Powers; Exemption From Prevailing Wage and Fringe Benefit Rate Requirements; Disposition of Surplus From Sale of Property; Repayment of Bonds or Notes.

Section 125.1607 - Powers of Corporation Generally.

Section 125.1607a - Pledge by Corporation; Validity; Lien; Filing or Recording Instruments Not Required.

Section 125.1607b - Board of Directors Serving as Planning Commission; Agenda.

Section 125.1608 - Designation of Project Area; Certification of Approval; Preparation and Approval of Project Plan; Transfer of Employment; Contents of Project Plan; Corporation as Instrumentality of Political Subdivision; Notice to Vacate; Corporat...

Section 125.1609 - Project Plan; Findings and Recommendations of Local Public Agency; Determinations; Publication of General Standards for Project Plans; Local Public Agency Recommendations Concerning Project Plan Not Required.

Section 125.1610 - Project Plan; Submission of Findings and Recommendations; Determination of Public Purpose; Considerations.

Section 125.1611 - Amendments to Project Plan; Compliance With Local Ordinances and Resolutions.

Section 125.1612 - Establishment of Project District Area Boundaries; Project Citizens District Council; Establishment; Appointment and Qualifications of Members; Council as Representative of Project Area.

Section 125.1613 - Project Citizens District Council as Advisory Body.

Section 125.1614 - Consultation Between Representative of Corporation and Project Citizens District Council.

Section 125.1615 - Project Citizens District Council; Meetings; Notice; Right of Person to Be Heard; Record of Meeting; Information and Technical Assistance; Conditions to Adoption of Project Plan.

Section 125.1616 - Existing Citizens District Council as Authorized Projects Citizens District Council.

Section 125.1617 - Public Hearing Before Adoption of Resolution Approving Project Plan; Notice; Record of Public Hearing; Availability of Record to Public.

Section 125.1618 - Finding and Recommendations of Project Citizens District Council; Notice.

Section 125.1619 - Revision of Boundaries of Project District Area.

Section 125.1620 - Situations Not Requiring Project Citizens District Council; Dissolution of Council.

Section 125.1621 - Injunction, Mandamus, or Other Appropriate Remedy at Law; Equitable Relief.

Section 125.1622 - Condemnation.

Section 125.1623 - Borrowing Money and Issuing Revenue Bonds or Revenue Notes; Issuing Refunding Bonds; Bonds or Notes and Interest Exempt From Taxation; Exceptions; Liability of Municipality on Notes or Bonds; Statement; Investment in Bonds and Note...

Section 125.1624 - Disposition of Net Earnings and Property Upon Dissolution of Corporation.

Section 125.1625 - Exemption of Corporation and Instruments of Conveyance From Taxation.

Section 125.1626 - Repealed. 1976, Act 175, Imd. Eff. June 29, 1976.

Section 125.1627 - Powers of Public Bodies.

Section 125.1628 - Incorporation of Economic Development Corporation; Name of Corporation.

Section 125.1629 - Articles of Incorporation; Approval by Resolution; Contents.

Section 125.1630 - Amendment of Articles of Incorporation.

Section 125.1631 - Articles of Incorporation; Execution; Delivery; Filing; Publication; Statement of Right to Question Incorporation; Certificate; Effective Date and Validity of Incorporation.

Section 125.1632 - Corporation as Body Corporate; Powers.

Section 125.1632a - Personal Liability of Board Members; Insurance.

Section 125.1633 - Dissolution of Corporation; Referendum on Continued Existence of Corporation.

Section 125.1634 - Corporations Organized and Incorporated Pursuant to MCL 450.62 to 450.192; Validation, Force, and Effect of Prior Actions.

Section 125.1634a - Corporation Deemed Validly Incorporated; Validity of Action Taken by Corporation Under Act; Validity and Legality of Evidences of Indebtedness and Related Instruments.

Section 125.1635 - Liberal Construction.

Section 125.1636 - Authority Cumulative.