Sec. 11.
(1) All deeds, mortgages, contracts, leases, purchases, or other agreements regarding real property, including agreements to acquire or dispose of real property, shall be approved and executed in the name of the commission or the incorporating unit, as specified by ordinance or resolution of the governing body. For purposes of this section, contracts or leases regarding real property mean contracts to purchase or lease from a third party or other transactions under which rights or possession of real property are acquired, but do not include contracts, management agreements, or leases of that property with tenants or facility managers. Contracts or leases with tenants or facility managers shall be executed by and in the name of the commission.
(2) Subsection (1) does not require contracts for the purchase of necessary materials and contracts related to the powers and duties of the commission under section 12 to be approved and executed by an incorporating unit.
(3) A governing body may transfer property to the commission for use by the commission for a purpose authorized by this act. The transfer of property to the commission, including property taken under the incorporating unit's power of eminent domain, shall be considered necessary for public purposes and for the benefit of the public.
(4) If an ordinance or resolution of the governing body provides in accordance with subsection (1) for the execution of agreements regarding real property in the name of the commission, or if a commission is empowered by the incorporating unit to act as a borrower for purposes of this act, the commission may sue and be sued with respect to those agreements executed or obligations issued by the commission. This subsection does not affect a limitation provided by this act or by the terms of an agreement upon the funds available or the pledge made for the payment of a claim against the commission.
History: 1933, Ex. Sess., Act 18, Imd. Eff. Jan. 9, 1934 ;-- CL 1948, 125.661 ;-- Am. 1996, Act 338, Imd. Eff. June 27, 1996
Structure Michigan Compiled Laws
Chapter 125 - Planning, Housing, and Zoning
Act 18 of 1933 (Ex. Sess.) - Housing Facilities (125.651 - 125.709e)
Section 125.651 - Definitions.
Section 125.652 - Cities, Villages, Townships, Counties; Housing Facilities and Conditions, Powers.
Section 125.653a - Violation of MCL 168.1 to 168.992 Applicable to Petitions; Penalties.
Section 125.656 - Municipal Housing Commission; Funds for Operation.
Section 125.657 - Municipal Housing Commission; Powers and Duties.
Section 125.659 - Municipal Housing Commission; Report to Governing Body.
Section 125.660 - Municipal Housing Commission; Proceedings Under Power of Eminent Domain.
Section 125.661 - Municipal Housing Commission; Deeds, Mortgages, Contracts, Leases, Purchases.
Section 125.661a - Property, Income, and Operations Exempt From State Taxation.
Section 125.662 - Municipal Housing Commission; Control of Project.
Section 125.663 - Claims Against Project; Damages; Asserting Governmental Immunity as Defense.
Section 125.664 - Claims Against Project; Contractual.
Section 125.665 - Preliminary Estimate of Costs.
Section 125.667 - Revenue Bonds Generally.
Section 125.668 - Bondholder's Lien; Contributions Contract.
Section 125.669 - Bondholder's Lien Upon Revenue; Enforcement.
Section 125.670 - Receiver; Appointment; Powers and Duties.
Section 125.671 - Bonds; Inapplicability of Other Laws.
Section 125.672-125.674 - Repealed. 2002, Act 268, Imd. Eff. May 9, 2002.
Section 125.675 - Free Services.
Section 125.676 - Additional Bonds.
Section 125.677 - Rent Schedule; Policy of State; Basis; Limitation.
Section 125.681 - Income From Sources Other Than Operation; Use.
Section 125.683 - Operating Year.
Section 125.684 - Rents; Supervision; State Department of Health.
Section 125.687 - Construction of Act.
Section 125.689 - Authority Conferred.
Section 125.690 - Declaration of Necessity; Liberal Construction.
Section 125.692 - Slum Clearance and Housing Projects as Public Purposes.
Section 125.693 - Immediate Necessity.
Section 125.694a - Tenancy or Contract Right to Occupy Housing; Termination; Just Cause.
Section 125.694b - Municipal Housing Commission; Rules; Adoption; Promulgation; Publication.
Section 125.695 - Minimum Wages and Maximum Hours; Contract Provisions.
Section 125.696 - Additional Powers; Intent of Act.
Section 125.697 - Promissory Notes; Issuance; Authorization; Principal and Interest as Indebtedness.
Section 125.698 - Bonds; Powers of Borrower.
Section 125.699-125.704 - Repealed. 1996, Act 338, Imd. Eff. June 27, 1996.
Section 125.705 - Application of Act.
Section 125.706 - Cooperative Action by Borrowers; Scope.
Section 125.707 - Cooperative Financing Arrangement; Resolution; Agent Borrower.
Section 125.708 - Financing Agreement; Preparation; Terms.
Section 125.709 - Special Obligation Notes or Revenue Bonds; Authorization; Issuance.
Section 125.709a - Bond Authorizing Ordinance; Fiscal Agent; Contract.
Section 125.709b - Bond Proceeds; Payment Order; Execution; Delivery.
Section 125.709c - Revenues, Disposition, Purpose; Fiscal Agent, Duties.
Section 125.709d, 125.709e - Repealed. 1996, Act 338, Imd. Eff. June 27, 1996.