Michigan Compiled Laws
Act 381 of 1996 - Brownfield Redevelopment Financing Act (125.2651 - 125.2672)
Section 125.2657 - Powers of Authority; Determining Captured Taxable Value; Transfer of Municipality Funds to Authority.

Sec. 7.
(1) An authority may do 1 or more of the following:
(a) Adopt, amend, and repeal bylaws for the regulation of its affairs and the conduct of its business.
(b) Incur and expend funds to pay or reimburse a public or private person for costs of eligible activities attributable to an eligible property.
(c) As approved by the authority, incur costs and expend funds from the local brownfield revolving fund created under section 8 for purposes authorized in that section.
(d) Make and enter into contracts necessary or incidental to the exercise of its powers and the performance of its duties, including, but not limited to, lease purchase agreements, land contracts, installment sales agreements, and loan agreements.
(e) On terms and conditions and in a manner and for consideration the authority considers proper or for no monetary consideration, own, mortgage, convey, or otherwise dispose of, or lease as lessor or lessee, land and other property, real or personal, or rights or interests in the property, that the authority determines are reasonably necessary to achieve the purposes of this act, and grant or acquire licenses, easements, and options with respect to the property.
(f) Acquire, maintain, repair, or operate all devices necessary to ensure continued eligible activities on eligible property.
(g) Accept grants and donations of property, labor, or other things of value from a public or private source.
(h) Incur costs in connection with the performance of its authorized functions, including, but not limited to, administrative costs and architect, engineer, legal, or accounting fees.
(i) Study, develop, and prepare the reports or plans the authority considers necessary to assist it in the exercise of its powers under this act and to monitor and evaluate the progress under this act.
(j) Procure insurance against loss in connection with the authority's property, assets, or activities.
(k) Invest the money of the authority at the authority's discretion in obligations determined proper by the authority, and name and use depositories for its money.
(l) Make loans, participate in the making of loans, undertake commitments to make loans and mortgages, buy and sell loans and mortgages at public or private sale, rewrite loans and mortgages, discharge loans and mortgages, foreclose on a mortgage, commence an action to protect or enforce a right conferred upon the authority by a law, mortgage, loan, contract, or other agreement, bid for and purchase property that was the subject of the mortgage at a foreclosure or other sale, acquire and take possession of the property and in that event compute, administer, pay the principal and interest on obligations incurred in connection with that property, and dispose of and otherwise deal with the property, in a manner necessary or desirable to protect the interests of the authority.
(m) Borrow money and issue its bonds and notes under the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821, in anticipation of collection of tax increment revenues.
(n) Do all other things necessary or convenient to achieve the objectives and purposes of the authority, this act, or other laws that relate to the purposes and responsibilities of the authority.
(2) The authority shall determine the captured taxable value of each parcel of eligible property. The captured taxable value of a parcel shall not be less than zero.
(3) A municipality may transfer the funds of the municipality to an authority or to another person on behalf of the authority in anticipation of repayment by the authority.
History: 1996, Act 381, Eff. Sept. 16, 1996 ;-- Am. 2000, Act 145, Imd. Eff. June 6, 2000 ;-- Am. 2002, Act 413, Imd. Eff. June 3, 2002 ;-- Am. 2016, Act 471, Eff. Apr. 5, 2017

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 125 - Planning, Housing, and Zoning

Act 381 of 1996 - Brownfield Redevelopment Financing Act (125.2651 - 125.2672)

Section 125.2651 - Short Title.

Section 125.2652 - Definitions.

Section 125.2653 - Brownfield Redevelopment Authority; Establishment; Exercise of Powers; Alteration or Amendment of Boundaries; Authority as Public Body Corporate; Written Agreement With County.

Section 125.2654 - Resolution by Governing Body; Adoption; Notice; Public Hearing; Proceedings Establishing Authority; Presumption of Validity; Exercise of Powers as Essential Governmental Function.

Section 125.2655 - Designation of Board by Governing Body; Membership; Trustees; Applicability of Subsection (2); Election of Chairperson, Vice-Chairperson, and Other Officers; Oath; Procedural Rules; Meetings; Special Meetings; Removal of Member; Re...

Section 125.2656 - Appointment or Employment of Director, Treasurer, Secretary, Personnel, and Consultants; Assistance Provided by Municipality; Retirement and Insurance Programs.

Section 125.2657 - Powers of Authority; Determining Captured Taxable Value; Transfer of Municipality Funds to Authority.

Section 125.2658 - Local Brownfield Revolving Fund.

Section 125.2658a - State Brownfield Redevelopment Fund.

Section 125.2659 - Authority as Instrumentality of Political Subdivision.

Section 125.2660 - Taking, Transfer, and Use of Private Property.

Section 125.2661 - Financing Sources of Authority Activities.

Section 125.2662 - Bonds and Notes of Authority.

Section 125.2663 - Brownfield Plan; Provisions.

Section 125.2663a - Cost Recovery Action.

Section 125.2663b - Use of Taxes Captured From Eligible Property.

Section 125.2663c - Transformational Brownfield Plan.

Section 125.2664 - Brownfield Plan; Approval; Public Hearing; Record; Notice; Public Purpose; Determination; Amendments to Plan; Validity of Procedure, Notice, and Findings; Presumption; Abolishment or Termination of Plan.

Section 125.2664a - Transformational Brownfield Plan; Approval and Review by Governing Body and Michigan Strategic Fund.

Section 125.2665 - Work Plan; Documents to Be Submitted for Approval; Conditions for Approval; Written Response; Time Limitations; Department Specific Activities; Review by Department; Approval or Denial of Work Plan as Final Decision; Appeal; Approv...

Section 125.2665a - Retention and Payment of Taxes Levied Under State Education Tax Act; Conditions; Use; Application for Approval by Authority; Information to Be Included; Approval, Modification, or Denial of Application by Department of Treasury; A...

Section 125.2665b - Reimbursement to Intermediate School Districts.

Section 125.2666 - Tax Increment Revenues; Transmission to Authority; Expenditure; Reversion of Surplus Funds; Financial Status Report; Collection and Compilation of Financial Reports by Department and Michigan Strategic Fund; Reporting Obligations;...

Section 125.2667 - Authorization, Issuance, and Sale of Tax Increment Bonds and Notes.

Section 125.2668 - Operating Budget.

Section 125.2669 - Dissolution of Authority; Distribution of Tax Revenues and Interest.

Section 125.2670 - Enforcement Proceedings.

Section 125.2671 - Repealed. 2016, Act 471, Eff. Apr. 5, 2017.

Section 125.2672 - Repealed. 2016, Act 471, Eff. Apr. 5, 2017.