Michigan Compiled Laws
57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230)
Section 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, preservation, or reconstruction of a public facility, an existing building, or a multiple-family dwelling unit which may be necessary or appropriate to the execution of a plan which, in the opinion of the board, aids in the economic growth of the downtown district.
(d) Plan, propose, and implement an improvement to a public facility within the development area to comply with the barrier free design requirements of the state construction code promulgated under the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531.
(e) Develop long-range plans, in cooperation with the agency which is chiefly responsible for planning in the municipality, designed to halt the deterioration of property values in the downtown district and to promote the economic growth of the downtown district, and take such steps as may be necessary to persuade property owners to implement the plans to the fullest extent possible.
(f) Implement any plan of development in the downtown district necessary to achieve the purposes of this part, in accordance with the powers of the authority as granted by this part.
(g) Make and enter into contracts necessary or incidental to the exercise of its powers and the performance of its duties.
(h) Acquire by purchase or otherwise, on terms and conditions and in a manner the authority considers proper or own, convey, or otherwise dispose of, or lease as lessor or lessee, land and other property, real or personal, or rights or interests in property, which the authority determines is reasonably necessary to achieve the purposes of this part, and to grant or acquire licenses, easements, and options with respect to that property.
(i) Improve land and construct, reconstruct, rehabilitate, restore and preserve, equip, improve, maintain, repair, and operate any building, including multiple-family dwellings, and any necessary or desirable appurtenances to that property, within the downtown district for the use, in whole or in part, of any public or private person or corporation, or a combination of them.
(j) Fix, charge, and collect fees, rents, and charges for the use of any building or property under its control or any part thereof, or facility therein, and pledge the fees, rents, and charges for the payment of revenue bonds issued by the authority.
(k) Lease any building or property under its control, or any part of a building or property.
(l) Accept grants and donations of property, labor, or other things of value from a public or private source.
(m) Acquire and construct public facilities.
(n) Create, operate, and fund marketing initiatives that benefit only retail and general marketing of the downtown district.
(o) Contract for broadband service and wireless technology service in the downtown district.
(p) Operate and perform all duties and exercise all responsibilities described in this section in a qualified township if the qualified township has entered into an agreement with the municipality under section 203(7).
(q) Create, operate, and fund a loan program to fund improvements for existing buildings located in a downtown district to make them marketable for sale or lease. The board may make loans with interest at a market rate or may make loans with interest at a below market rate, as determined by the board.
(r) Create, operate, and fund retail business incubators in the downtown district.
(2) If it is the express determination of the board to create, operate, or fund a retail business incubator in the downtown district, the board shall give preference to tenants who will provide goods or services that are not available or that are underserved in the downtown area. If the board creates, operates, or funds retail business incubators in the downtown district, the board and each tenant who leases space in a retail business incubator shall enter into a written contract that includes, but is not limited to, all of the following:
(a) The lease or rental rate that may be below the fair market rate as determined by the board.
(b) The requirement that a tenant may lease space in the retail business incubator for a period not to exceed 18 months.
(c) The terms of a joint operating plan with 1 or more other businesses located in the downtown district.
(d) A copy of the business plan of the tenant that contains measurable goals and objectives.
(e) The requirement that the tenant participate in basic management classes, business seminars, or other business education programs offered by the authority, the local chamber of commerce, local community colleges, or institutions of higher education, as determined by the board.
History: 2018, Act 57, Eff. Jan. 1, 2019

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 125 - Planning, Housing, and Zoning

Act 57 of 2018 - Recodified Tax Increment Financing Act (125.4101 - 125.4915)

57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230)

Section 125.4201 - Definitions.

Section 125.4201a - Legislative Findings.

Section 125.4202 - Authority; Establishment; Restriction; Public Body Corporate; Powers Generally.

Section 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 Libr...

Section 125.4203a - Authority of Annexing or Consolidated Municipality; Obligations, Agreements, and Bonds.

Section 125.4203b - Ratification and Validation of Ordinance and Actions; Compliance.

Section 125.4203c - Proceedings or Findings; Validity.

Section 125.4203d - Establishment or Amendment of Authority, District, or Plan; Notice; Publication or Posting.

Section 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; Re...

Section 125.4205 - Director; Acting Director; Treasurer; Secretary; Legal Counsel; Other Personnel.

Section 125.4206 - Participation of Employees in Municipal Retirement and Insurance Programs.

Section 125.4207 - Powers of Board; Creation, Operation, or Funding of Retail Business Incubator.

Section 125.4208 - Board Serving as Planning Commission; Agenda.

Section 125.4209 - Authority as Instrumentality of Political Subdivision.

Section 125.4210 - Taking, Transfer, and Use of Private Property.

Section 125.4211 - Financing Activities of Authority; Disposition of Money Received by Authority; Municipal Obligations.

Section 125.4212 - Ad Valorem Tax; Borrowing in Anticipation of Collection.

Section 125.4213 - Revenue Bonds.

Section 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;...

Section 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 Lia...

Section 125.4213c - Retention and Payment of Taxes Levied Under State Education Tax Act; Conditions; Application by Authority for Approval; Information to Be Included; Approval, Modification, or Denial of Application by Department of Treasury; Approp...

Section 125.4214 - Tax Increment Financing Plan; Preparation and Contents; Limitation; Public Hearing; Fiscal and Economic Implications; Recommendations; Agreements; Modification of Plan; Catalyst Development Project.

Section 125.4215 - Transmitting and Expending Tax Increments Revenues; Reversion of Surplus Funds; Abolishment of Tax Increment Financing Plan; Conditions.

Section 125.4216 - General Obligation Bonds and Tax Increment Bonds; Qualified Refunding Obligation.

Section 125.4217 - Development Plan; Preparation; Contents.

Section 125.4218 - Ordinance Approving or Amending Development Plan or Tax Increment Financing Plan; Public Hearing; Notice; Record.

Section 125.4219 - Development Plan or Tax Increment Financing Plan as Constituting Public Purpose; Determination; Ordinance; Considerations; Amendments; Incorporation of Catalyst Development Project Plan.

Section 125.4220 - Notice to Vacate.

Section 125.4221 - Development Area Citizens Council; Establishment; Appointment and Qualifications of Members; Representative of Development Area.

Section 125.4222 - Development Area Citizens Council; Advisory Body.

Section 125.4223 - Consultation.

Section 125.4224 - Development Area Citizens Council; Meetings; Notice; Record; Information and Technical Assistance; Failure to Organize, Consult, or Advise.

Section 125.4225 - Citizens District Council as Development Area Citizens Council.

Section 125.4226 - Notice of Findings and Recommendations.

Section 125.4227 - Development Area Citizens Council; Dissolution.

Section 125.4228 - Budget; Cost of Handling and Auditing Funds.

Section 125.4228a - Exemption.

Section 125.4229 - Historic Sites.

Section 125.4230 - Dissolution of Authority; Disposition of Property and Assets; Reinstatement of Authority; Contesting Validity of Proceedings, Findings, and Determinations.