Michigan Compiled Laws
57-2018-2 - Part 2 Downtown Development Authorities (125.4201...125.4230)
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;...

Sec. 213a.
(1) The authority may with approval of the local governing body borrow money and issue its revenue bonds or notes to finance all or part of the costs of acquiring or constructing property in connection with the implementation of a development plan in the downtown district or to refund or refund in advance bonds or notes issued pursuant to this section. The costs which may be financed by the issuance of revenue bonds or notes may include the cost of purchasing, acquiring, constructing, improving, enlarging, extending, or repairing property in connection with the implementation of a development plan in the downtown district; any 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 any money, revenues, or income received in connection therewith.
(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 such a pledge shall be valid and binding as against parties having claims of any kind in tort, contract, or otherwise, against the authority, irrespective of whether the parties have notice of the lien. Neither the resolution, the trust agreement, nor any other instrument by which a pledge is created need be filed or recorded.
(3) Bonds or notes issued pursuant to this section shall be exempt from all taxation in this state except inheritance 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) The municipality shall not be liable on bonds or notes of the authority issued pursuant to this section and the bonds or notes shall not be a debt of the municipality. The bonds or notes shall contain on their face a statement to that effect.
(5) The bonds and notes of the authority may be invested in by all 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 all public officers and the agencies and political subdivisions of this state for any purpose for which the deposit of bonds is authorized.
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.