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

Sec. 305.
(1) The board may employ and fix the compensation of a director, subject to the approval of the governing body. The director shall serve at the pleasure of the board. A member of the board is not eligible to hold the position of director. Before entering upon the duties of the office, the director shall take and subscribe to the constitutional oath and furnish bond by posting a bond in the penal sum determined in the resolution establishing the authority, payable to the authority for use and benefit of the authority, approved by the board, and filed with the clerk of the municipality. The premium on the bond shall be considered an operating expense of the authority, payable from funds available to the authority for expenses of operation. The director shall be the chief executive office of the authority. Subject to the approval of the board, the director shall supervise and be responsible for the preparation of plans and the performance of the functions of the authority in the manner authorized by this part. The director shall attend the meetings of the board and shall render to the board and to the governing body a regular report covering the activities and financial condition of the authority. If the director is absent or disabled, the board may designate a qualified person as acting director to perform the duties of the office. Before entering upon the duties of the office, the acting director shall take and subscribe to the constitutional oath and furnish bond as required of the director. The director shall furnish the board with information or reports governing the operation of the authority as the board requires.
(2) The board may appoint or employ and fix the compensation of a treasurer who shall keep the financial records of the authority, and who, together with the director, if a director is appointed, shall approve all vouchers for the expenditure of funds of the authority. The treasurer shall perform such other duties as may be delegated by the board and shall furnish bond in an amount as prescribed by the board.
(3) The board may appoint or employ and fix the compensation of a secretary, who shall maintain custody of the official seal and of records, books, documents, or other papers not required to be maintained by the treasurer. The secretary shall attend meetings of the board and keep a record of its proceedings and shall perform such other duties as may be delegated by the board.
(4) The board may retain legal counsel to advise the board in the proper performance of its duties. The legal counsel shall represent the authority in actions brought by or against the authority.
(5) The board may employ other personnel considered necessary by the board.
(6) The employees of an authority may be eligible to participate in municipal retirement and insurance programs of the municipality as if they were civil service employees on the same basis as civil service employees.
History: 2018, Act 57, Eff. Jan. 1, 2019 Compiler's Notes: In subsection (1), the sentence “The director shall be the chief executive office of the authority.” evidently should read “The director shall be the chief executive officer of the authority.

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...