Michigan Compiled Laws
Act 381 of 1996 - Brownfield Redevelopment Financing Act (125.2651 - 125.2672)
Section 125.2662 - Bonds and Notes of Authority.

Sec. 12.
(1) The authority may borrow money and issue its negotiable revenue bonds or notes to finance all or part of the costs of eligible activities or of another activity of the authority under this act. Revenue bonds and notes issued under this section are subject to the revenue bond act of 1933, 1933 PA 94, MCL 141.101 to 141.140. The costs that may be financed by the issuance of revenue bonds or notes may include the costs of purchasing, acquiring, constructing, improving, enlarging, extending, or repairing property in connection with an activity authorized under this act; engineering, architectural, legal, accounting, or financial expenses; the costs necessary or incidental to the borrowing of money; interest on the bonds or notes during the period of construction; a reserve for payment of principal and interest on the bonds or notes; and a reserve for operation and maintenance until sufficient revenues have developed. The authority may secure the bonds and notes by mortgage, assignment, or pledge of the property and all money, revenues, or income received in connection with the property.
(2) A pledge made by the authority shall be valid and binding from the time the pledge is made. The money or property pledged by the authority immediately shall be subject to the lien of the pledge without a physical delivery, filing, or further act. The lien of a pledge shall be valid and binding as against parties having claims in tort, contract, or otherwise against the authority, irrespective of whether the parties have notice of the lien. Filing of the resolution, the trust agreement, or another instrument by which a pledge is created is not required.
(3) Bonds or notes issued under this section shall be exempt from all taxation in this state except estate and transfer taxes, and the interest on the bonds or notes shall be exempt from all taxation in this state, notwithstanding that the interest may be subject to federal income tax.
(4) Unless otherwise provided by a majority vote of the members of its governing body, the municipality shall not be liable on bonds or notes of the authority issued under this section and the bonds or notes shall not be a debt of the municipality.
(5) The bonds and notes of the authority may be invested in by the state treasurer and all other public officers, state agencies and political subdivisions, insurance companies, banks, savings and loan associations, investment companies, and fiduciaries and trustees, and may be deposited with and received by the state treasurer and all other public officers and the agencies and political subdivisions of this state for all purposes for which the deposit of bonds or notes is authorized. The authority granted by this section is supplemental and in addition to all other authority granted by law.
History: 1996, Act 381, Eff. Sept. 16, 1996 ;-- Am. 2002, Act 413, Imd. Eff. June 3, 2002

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.