Michigan Compiled Laws
Act 227 of 1985 - Shared Credit Rating Act (141.1051 - 141.1078)
Section 141.1074 - Agreement by Governmental Unit Upon Sale or Issuance of Municipal Obligations; Additional Powers of Authority.

Sec. 24.
(1) Upon the sale and issuance of municipal obligations to the authority by a governmental unit, that governmental unit shall be held and considered to have agreed to all of the following if the governmental unit fails to pay the interest on or the principal of the municipal obligations held or owned by the authority as and when due and payable:
(a) That the governmental unit waives all and any defenses to the nonpayment and the authority upon the nonpayment shall constitute a holder or owner of the municipal obligations as being in default.
(b) That, notwithstanding the provisions of any other law as to time or duration of default or percentage of holders or owners of municipal obligations entitled to exercise rights of holders or owners of municipal obligations in default, or entitled to invoke any remedies or powers of holders or owners of or of a trustee in connection with or of a board, body, agency, or commission of the state having jurisdiction in the matter or circumstances of municipal obligations in default, the authority may immediately avail itself of all other remedies, rights, and provisions of law applicable in such a circumstance.
(c) That the failure to exercise or exert any rights or remedies within any time or period provided by law shall not be raised as a defense by that governmental unit.
(d) That all of the obligations of the issue of municipal obligations of that governmental unit as to which there has been such a nonpayment shall for all of the purposes of this section be held and considered to have become due and payable and to be unpaid.
(2) The authority may carry out the provisions of this section and exercise all of the rights and remedies and provisions of law provided or referred to in this section.
History: 1985, Act 227, Eff. Mar. 31, 1986

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 141 - Municipal Financing

Act 227 of 1985 - Shared Credit Rating Act (141.1051 - 141.1078)

Section 141.1051 - Legislative Findings and Declarations.

Section 141.1052 - Short Title.

Section 141.1053 - Definitions.

Section 141.1054 - Michigan Municipal Bond Authority; Created; Powers; Funds.

Section 141.1055 - Board of Trustees; Appointment, Qualifications, and Terms of Members; Duties; Oath; Vacancy; Organization; Rules of Procedure; Conducting Business at Public Meetings; Notice; Quorum; Action of Board; Designation of Representative.

Section 141.1056 - Chairperson; Employment, Qualifications, Duties, and Compensation of Personnel; Delegation of Powers and Duties; Exercise of Powers, Duties, and Functions; Budgeting, Procurement, and Related Functions; Costs; Report; Annual Audit.

Section 141.1057 - Powers of Board Generally.

Section 141.1058 - Purchase of Municipal Obligations by Authority; Bonds or Notes of Authority; Expenses; Preferential Treatment in Rate of Interest; Forgiving or Relinquishing Interest or Principal of Obligation; Purchase of Qualified Bonds of Schoo...

Section 141.1059 - Bonds or Notes of Authority; Purposes; Payment; Security; Authorization; Requirements; Validity of Signature; Sale; Revised Municipal Finance Act Inapplicable; Issuance of Bonds Subject to Agency Financing Reporting Act; Interest R...

Section 141.1060 - Retirement, Funding, or Refunding of Notes.

Section 141.1061 - Bonds or Notes to Refund Bonds or Notes.

Section 141.1062 - Security Transactions; Authorization and Approval.

Section 141.1063 - Authority of Member, Executive Director, or Other Personnel as to Notes, Bonds, and Investments.

Section 141.1064 - Powers Constituting Covenants by Authority and Contracts With Holders of Bond or Note.

Section 141.1065 - Pledge of Revenues or Other Money; Lien of Pledge; Payment Assigned or Pledged to Authority to Be Held in Trust for Payment of Principal and Interest; Payment Subject to Lien; Nature of Lien; Filing or Recordation Not Required.

Section 141.1065a - Repealed. 1990, Act 281, Imd. Eff. Dec. 13, 1990.

Section 141.1066 - Reserve Funds.

Section 141.1066a - State Water Pollution Control Revolving Fund; Establishment; Compliance; Funding; Assistance to Governmental Unit; Loan Agreement; Determination of Eligible Projects; Maximum Amount of Municipal Obligation; Maximum Interest Rate.

Section 141.1066b - State Drinking Water Revolving Fund.

Section 141.1066c - School Loan Revolving Fund.

Section 141.1066d - Grant Agreements Entered Under MCL 324.5204a.

Section 141.1067 - Default or Noncompliance by Authority.

Section 141.1068 - Liability on Bonds or Notes.

Section 141.1069 - Purchasing, Holding, Canceling, or Reselling Bonds or Notes of Authority.

Section 141.1070 - State Pledge to and Agreement With Holders of Bonds or Notes.

Section 141.1071 - Investment of Sinking Fund, Money, or Other Fund by Banking Business, Insurance Business, or Fiduciary in Bonds or Notes; Bonds or Notes as Security for Public Deposits.

Section 141.1072 - Property and Income of Authority; Public Property; Public Purpose; Exemptions From Taxes and Special Assessments.

Section 141.1073 - Municipal Obligations Generally.

Section 141.1074 - Agreement by Governmental Unit Upon Sale or Issuance of Municipal Obligations; Additional Powers of Authority.

Section 141.1075 - Construction of Act.

Section 141.1076 - Severability.

Section 141.1077 - Repealed. 2000, Act 416, Imd. Eff. Jan. 8, 2001.

Section 141.1078 - Repealed. 1996, Act 241, Imd. Eff. June 10, 1996.