Michigan Compiled Laws
57-2018-8 - Part 8 Neighborhood Improvement Authorities (125.4802...125.4821)
Section 125.4813 - Acquisition or Construction of Property; Borrowing Money and Issuing Revenue Bonds; Other Financing; Securing Bonds and Notes; Pledge; Exemption From Taxation; Exceptions; Liability; Investments.

Sec. 813.
(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 either of the following:
(a) The implementation of a development plan in the development area.
(b) The refund, or refund in advance, of bonds or notes issued under this section.
(2) Any of the following may be financed by the issuance of revenue bonds or notes:
(a) The cost of purchasing, acquiring, constructing, improving, enlarging, extending, or repairing property in connection with the implementation of a development plan in the development area.
(b) Any engineering, architectural, legal, accounting, or financial expenses.
(c) The costs necessary or incidental to the borrowing of money.
(d) Interest on the bonds or notes during the period of construction.
(e) A reserve for payment of principal and interest on the bonds or notes.
(f) A reserve for operation and maintenance until sufficient revenues have developed.
(3) 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 with the property.
(4) A pledge made by the authority is valid and binding from the time the pledge is made. The money or property pledged by the authority immediately is subject to the lien of the pledge without a physical delivery, filing, or further act. The lien of a pledge is valid and binding against parties having claims of any kind in tort, contract, or otherwise, against the authority, whether or not the parties have notice of the lien. Neither the resolution, the trust agreement, nor any other instrument by which a pledge is created must be filed or recorded to be enforceable.
(5) Bonds or notes issued under this section are exempt from all taxation in this state except inheritance and transfer taxes, and the interest on the bonds or notes is exempt from all taxation in this state, notwithstanding that the interest may be subject to federal income tax.
(6) The municipality is not liable on bonds or notes of the authority issued under this section, and the bonds or notes are not a debt of the municipality. The bonds or notes shall contain on their face a statement to that effect.
(7) 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)

57-2018-8 - Part 8 Neighborhood Improvement Authorities (125.4802...125.4821)

Section 125.4802 - Definitions; a to M.

Section 125.4803 - Definitions; O to T.

Section 125.4804 - Multiple Authorities; Establishment; Authority as Public Body Corporate.

Section 125.4805 - Operation of Authority; Resolution of Intent; Public Hearing; Notice; Adoption of Ordinance Establishing Authority; Filing; Alteration or Amendment of Boundaries; Exclusions; Duration.

Section 125.4806 - Annexation or Consolidation With Another Municipality.

Section 125.4807 - Board; Chief Executive Officer; Membership; Appointment; Terms; Vacancy; Oath; Open Meetings; Removal of Member; Financial Records; Writings Subject to Freedom of Information Act.

Section 125.4808 - Director; Compensation; Service; Eligibility; Oath; Posting of Bond; Director as Chief Executive Officer; Duties of Director; Acting Director; Treasurer; Secretary; Retention of Legal Counsel; Other Personnel.

Section 125.4809 - Municipal Retirement and Insurance Programs; Participation.

Section 125.4810 - Powers of Board.

Section 125.4811 - Financing Sources; Disposition of Money Received.

Section 125.4812 - Borrowing Money and Issuing Negotiable Revenue Bonds.

Section 125.4813 - Acquisition or Construction of Property; Borrowing Money and Issuing Revenue Bonds; Other Financing; Securing Bonds and Notes; Pledge; Exemption From Taxation; Exceptions; Liability; Investments.

Section 125.4814 - Tax Increment Financing Plan; Preparation and Submission; Contents; Hearing and Approval Procedure; Agreement With Taxing Jurisdiction; Modification; Exemption From Tax; Separate Millage for Public Library Purposes; Resolution.

Section 125.4815 - Tax Increment Revenues; Transmission to Authority; Expenditures.

Section 125.4816 - Authorization, Issuance, and Sale of Tax Increment Bonds; Limitations; Pledge; Resolution to Create Lien on Revenues; Limited Tax Pledge.

Section 125.4817 - Development Plan; Contents.

Section 125.4818 - Development Plan; Public Hearing; Notice; Opportunity to Speak and Provide Written Comment.

Section 125.4819 - Development Plan or Tax Increment Financing Plan as Public Purpose; Consideration for Approval, Rejection, or Modification.

Section 125.4820 - Budget; Submission; Approval; Cost of Handling and Auditing Funds.

Section 125.4821 - Dissolution of Authority; Property and Assets.