Michigan Compiled Laws
57-2018-3 - Part 3 Tax Increment Finance Authorities (125.4301...125.4329)
Section 125.4304 - Board; Composition; Chairperson; Oath of Member; Rules Governing Procedure and Meetings; Meetings Open to Public; Removal of Member; Publicizing Expense Items; Financial Records Open to Public.

Sec. 304.
(1) The authority shall be under the supervision and control of a board chosen by the governing body which may by majority vote designate any 1 of the following to constitute the board:
(a) The board of directors of the economic development corporation of the municipality established pursuant to the economic development corporations act, 1974 PA 338, MCL 125.1601 to 125.1636.
(b) The trustees of the board of a downtown development authority established pursuant to part 2.
(c) The trustees of the board of an urban redevelopment corporation established pursuant to the urban redevelopment corporations law, 1941 PA 250, MCL 125.901 to 125.922.
(d) The members of the commission established pursuant to 1945 PA 344, MCL 125.71 to 125.84.
(e) In a municipality that has a population of less than 5,000, the planning commission of the municipality established pursuant to Michigan planning enabling act, 2008 PA 33, MCL 125.3801 to 125.3885.
(f) Not less than 7 nor more than 13 persons appointed by the chief executive officer of the municipality subject to the approval of the governing body. Of the members appointed, an equal number, as near as practicable, shall be appointed for 1 year, 2 years, 3 years, and 4 years. A member shall hold office until the member's successor is appointed. Thereafter, each member shall serve for a term of 4 years. An appointment to fill a vacancy shall be made by the chief executive officer of the municipality for the unexpired term only. Members of the board shall serve without compensation, but shall be reimbursed for actual and necessary expenses.
(2) The chairperson of the board shall be elected by the board.
(3) Before assuming the duties of office, a member shall qualify by taking and subscribing to the constitutional oath of office.
(4) The board shall adopt rules governing its procedure and the holding of regular meetings, subject to the approval of the governing body. Special meetings may be held when called in the manner provided in the rules of the board. Meetings of the board shall be open to the public, in accordance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(5) Pursuant to notice and an opportunity to be heard, a member of the board appointed pursuant to subsection (1)(f) may be removed before the expiration of his or her term for cause by the governing body. Removal of a member is subject to the review by the circuit court.
(6) All expense items of the authority shall be publicized annually and the financial records shall be open to the public pursuant to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
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)

57-2018-3 - Part 3 Tax Increment Finance Authorities (125.4301...125.4329)

Section 125.4301 - Definitions.

Section 125.4301a - Short Title of Part.

Section 125.4302 - Authority; Establishment; Public Body Corporate; Powers Generally.

Section 125.4303 - Resolution of Intent to Create and Provide Operation of Authority; Determinations; Notice of Public Hearing; Adoption, Filing, and Publication of Resolution Establishing Authority and Designating Boundaries of Authority District; A...

Section 125.4304 - Board; Composition; Chairperson; Oath of Member; Rules Governing Procedure and Meetings; Meetings Open to Public; Removal of Member; Publicizing Expense Items; Financial Records Open to Public.

Section 125.4305 - Board; Employment, Compensation, Term, Oath, and Bond of Director; Chief Executive Office; Duties of Director; Absence or Disability of Director; Reports; Employment, Compensation, and Duties of Treasurer and Secretary; Retention a...

Section 125.4307 - Board; Powers Generally.

Section 125.4308 - Board Serving as Planning Commission; Agenda.

Section 125.4309 - Authority as Instrumentality of Political Subdivision.

Section 125.4310 - Taking, Transfer, and Use of Private Property by Municipality.

Section 125.4311 - Financing Activities of Authority; Sources.

Section 125.4312 - Borrowing Money; Issuing Negotiable Revenue Bonds; Full Faith and Credit.

Section 125.4312a - Insufficient Tax Increment Revenues for Repayment of Advance or Payment of Obligation; Appropriation and Distribution to Authority; Filing, Time, and Contents of Claim; Distribution of Amounts in 2 Equal Payments; Appropriation an...

Section 125.4312b - 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 125.4313 - Preparation and Submission of Tax Increment Financing Plan; Contents and Approval of Plan; Public Hearing; Taxing Jurisdictions.

Section 125.4314 - Transmitting and Expending Tax Increment Revenues; Disposition of Surplus Funds; Abolition of Tax Increment Financing Plan.

Section 125.4315 - Tax Increment Bonds; Qualified Refunding Obligation.

Section 125.4316 - Development Plan; Preparation; Contents.

Section 125.4317 - Public Hearing on Development Plan; Publication, Mailing, and Contents of Notice; Presentation of Data; Record.

Section 125.4318 - Development Plan or Tax Increment Plan as Public Purpose; Determination; Approval or Rejection of Plan; Notice and Hearing; Conclusiveness of Procedure, Adequacy of Notice, and Certain Findings; Validation and Conclusiveness of Pla...

Section 125.4319 - Notice to Vacate.

Section 125.4320 - Development Area Citizens Council; Establishment; Advisory Body; Appointment and Qualifications of Members.

Section 125.4321 - Consultation Representative of Authority and Council.

Section 125.4322 - Meetings of Council; Open to Public; Notice; Hearing Persons Present at Meeting; Record; Information and Technical Assistance; Failures Not Precluding Adoption of Development Plan.

Section 125.4323 - Development or Tax Increment Financing Plan; Notice of Findings and Recommendations.

Section 125.4324 - Development Area Citizens Council; Dissolution.

Section 125.4325 - Budget; Cost of Handling and Auditing Funds.

Section 125.4326 - Preservation of Public Facility, Building, or Structure Having Significant Historical Interest; Review of Proposed Changes to Exterior of Historic Site.

Section 125.4327 - Dissolution of Authority; Resolution; Disposition of Property and Assets.

Section 125.4328 - Authority District Part of Area Annexed to or Consolidated With Another Municipality; Authority of Annexing or Consolidated Municipality; Effect of Obligations, Agreements, and Bonds.

Section 125.4329 - New Authority or Authority District and Boundaries of Authority District; Prohibitions; Validity of Tax Increment Finance Authority, Authority District, Development Area, Development Plan, or Tax Increment Financing Plan Establishe...