Sec. 7a.
(1) A public corporation in determining to issue bonds, including refunding bonds, may do the following:
(a) As additional security to assure timely payment of the bonds, authorize and enter into an insurance contract, agreement for lines of credit, letter of credit, commitment to purchase obligations, remarketing agreement, reimbursement agreement, tender agreement, and any other transaction to provide security to assure timely payment of any bond, and may pledge and create a statutory lien on 1 or more of the following for timely payment of the bonds or payment of any obligations of the public corporation under any of the foregoing:
(i) Proceeds of additional security provided to assure timely payment of the bonds.
(ii) Proceeds of bonds.
(iii) Earnings on proceeds of bonds or other funds held for payment of bonds.
(iv) Revenues.
(b) If the bonds are additionally secured as provided in subsection (1)(a), authorize, from the proceeds of the bonds or other available funds, payment of the cost of issuing the bonds, which may include, but is not limited to, fees for placement, fees or charges for insurance, letters of credit, lines of credit, remarketing agreements, reimbursement agreements, tender agreements, or purchase or sales agreements or commitments, or other agreements to provide security to assure timely payment of bonds.
(c) Authorize or provide for an officer of the public corporation, but only within limitations which shall be contained in the ordinance of the governing body authorizing the bonds, to do 1 or more of the following:
(i) Sell and deliver and receive payment for bonds.
(ii) Refund bonds by the delivery of new bonds, whether or not the bonds to be refunded have matured or are subject to redemption prior to maturity on the date of delivery of the refunding bonds.
(iii) Buy and hold without cancellation or sell bonds so issued.
(iv) Deliver bonds partly to refund bonds and partly for any other authorized purpose.
(v) Approve interest rates or methods for fixing interest rates, prices, discounts, maturities, principal amounts, denominations, dates of issuance, interest payment dates, optional or mandatory redemption or tender rights, obligations to be exercised by the public corporation or the holder of the bond, the place of delivery and payment, and other matters and procedures necessary to complete the transactions authorized.
(2) If the bonds are additionally secured as provided in subsection (1)(a) and notwithstanding other provisions of this act, the bonds, including an obligation of the public corporation to a provider of additional security under subsection (1)(a) relating to that additional security, may be made payable on demand or prior to maturity at the option of the public corporation or the holder, or made subject to a tender, right, or obligation, at the time and in the manner determined by the governing body in the ordinance authorizing the bonds. If payable on demand or prior to maturity at the option of the public corporation or the holder, or if subject to a tender, right, or obligation, the bonds, including an obligation of the public corporation to a provider of additional security under subsection (1)(a) relating to that additional security, may bear no rate of interest or bear interest at a rate or rates which may be variable and which shall not be subject to the limitations provided in section 12, may be in a form with or without interest coupons, and may be sold at discount which shall not be subject to the limitation on discount provided in section 12 all as provided by the governing body in the ordinance authorizing the bonds.
(3) Bonds which are additionally secured under subsection (1)(a), and which are tendered by the holder or considered tendered as provided in this subsection to the public corporation, to the trustee appointed pursuant to section 38, or to any other entity appointed pursuant to an agreement authorized by subsection (1)(a), shall not be redeemed by an optional or mandatory tender, but may be sold or remarketed by the public corporation, by the trustee appointed pursuant to section 38, or by any other entity appointed pursuant to an agreement authorized by subsection (1)(a) without the sale or remarketing being a reissuance or refunding. If so provided by the governing body in the ordinance authorizing the bonds, bonds which are additionally secured under the provisions of subsection (1)(a) may contain provisions under which the holders of the bonds may be considered to have tendered the bonds pursuant to the ordinance and the bonds. For purposes of determining the aggregate authorized amount of bonds outstanding, bonds which are considered tendered are no longer outstanding and may be replaced without redemption by bonds which may be sold or remarketed as provided in this subsection without the sale or remarketing being a reissuance or refunding.
(4) The remarketing or resale of tendered bonds or the incurrence of an obligation of the public corporation pursuant to an agreement providing additional security under subsection (1)(a) is not subject to referendum by the qualified electors of the public corporation pursuant to section 33 and may be sold or remarketed in the case of tendered bonds, or incurred in the case of an obligation pursuant to an agreement providing additional security under section 7a(1)(a), at public or private sale as determined by the governing body in the ordinance authorizing the bonds. The remarketing or resale of tendered bonds is not subject to the prior approval of the department of treasury as provided in this act if the original issue of bonds to which the tendered bonds or agreement relates was approved or excepted from approval by the department of treasury.
(5) The provisions of this section specify general authority under this act, may be exercised notwithstanding a charter provision to the contrary, and may be included in bonds issued before the effective date of this section which bonds are ratified and validated by this section.
(6) The amendatory act which added this section shall not be construed to expand or diminish the authority of a public corporation to pledge its full faith and credit without a referendum of the qualified electors.
History: Add. 1985, Act 26, Imd. Eff. May 31, 1985
Structure Michigan Compiled Laws
Chapter 141 - Municipal Financing
Act 94 of 1933 - The Revenue Bond Act of 1933 (141.101 - 141.140)
Section 141.101 - Short Title; Revenue Bond Act of 1933.
Section 141.102 - Construction of Act.
Section 141.103 - Definitions.
Section 141.105 - Estimate of Cost and Period of Usefulness.
Section 141.108 - Lien on Revenue in Favor of Bondholders.
Section 141.109 - Statutory Lien on Net Revenues; Duration; Enforcement.
Section 141.110 - Receiverships for Public Improvements.
Section 141.111 - Bonds; Application of Other Laws and Charters.
Section 141.112a - Bonds Subject to Revised Municipal Finance Act.
Section 141.112b - Bulletins; Issuance by Department of Treasury.
Section 141.113 - Bonds; Statement on Face of Bond or on Face of Interest Coupon.
Section 141.114 - Bonds; Qualities of Negotiable Instruments.
Section 141.115 - Bonds; Deposit and Investment of Sale Proceeds.
Section 141.117 - Bonds; Validity of Signatures.
Section 141.118 - Charges for Services; Providing Medical Care Without Charge or at Reduced Rates.
Section 141.119 - Additional Bonds.
Section 141.120 - Revenue Refunding Bonds.
Section 141.120a - Combined Public Improvements; Bonds; Revenues Pledged; Retirement.
Section 141.120c - Parking Revenue Bonds; Special Assessments on Benefited Properties.
Section 141.122 - Accounting of Revenues; Order of Priority; Disposition of Surplus.
Section 141.124a - Deposit Accounts.
Section 141.125 - Fixing Dates of Operating Year for Public Improvement.
Section 141.126 - Receiving Fund Surplus; Deposit.
Section 141.127 - Issuance of Bonds by Public Corporation; Applicable Laws.
Section 141.128 - Effect of Approval Permitting Issuance of Bonds.
Section 141.129 - Service Rates Not Subject to Supervision by State Agency.
Section 141.130 - Books of Record and Account; Annual Audit Report.
Section 141.131 - Redemption of Bonds Before Maturity.
Section 141.133a - Validation of Bonds Heretofore Issued.
Section 141.133b - Violation of MCL 168.1 to 168.992 Applicable to Petitions; Penalties.
Section 141.134 - Liberal Construction of Act.
Section 141.136 - Immediate Necessity.
Section 141.137 - Condemnation of Property.
Section 141.138 - Trustee; Appointment; Powers and Duties; Pledging of Trust Funds.