Michigan Compiled Laws
Act 92 of 2005 - School Bond Qualification, Approval, and Loan Act (388.1921 - 388.1939)
Section 388.1925 - Preliminary Qualification; Application.

Sec. 5.
(1) A school district may apply to the state treasurer for preliminary qualification of a proposed school bond issue by filing an application in the form and containing the information required by this act.
(2) An application for preliminary qualification of a school bond shall contain all of the following information:
(a) The proposed ballot language to be submitted to the electors.
(b) A description of the project or projects proposed to be financed.
(c) A pro forma debt service projection showing the estimated mills the school district will levy to provide revenue the school district will use to pay the qualified bonds, any outstanding qualified bonds, and any outstanding or projected qualified loans of the school district. For the purpose of the pro forma debt service projection, the school district may assume for the first 5 years following the date of the application the average growth or decline in taxable value for the 5 years or such other period of time requested by the school district if approved by the state treasurer preceding the date of the application and the average growth or decline rate for the 20 years immediately preceeding the date of the application but not more than 3% or less than 0% growth rate, for the remaining term of the proposed bonds.
(d) Evidence that the rate of utilization of each project to be financed will be at least 85% for new buildings and 60% for renovated facilities. If the projected enrollment of the district would not otherwise support utilization at the rates described in this subsection, the school district may include an explanation of the actions the school district intends to take to address the underutilization, including, if applicable, actions to close school buildings or other actions designed to assure continued assured use of the facilities being financed.
(e) Evidence that the cost per square foot of the project or projects will be reasonable in light of economic conditions applicable to the geographic area in which the school district is located.
(f) Evidence that the school district will repay all outstanding qualified bonds, the proposed qualified bonds, all outstanding qualified loans, and all qualified loans expected to be incurred with respect to all qualified bonds of the school district, including the proposed qualified bond issue, not later than the applicable final mandatory repayment date.
(g) The overall utilization rate of all school buildings in the school district, excluding special education purposes.
(h) The total bonded debt outstanding of the school district and the total taxable value of property in the school district for the school district fiscal year in which the application is filed.
(i) A statement describing any environmental or usability problems to be addressed by the project or projects.
(j) An architect's analysis of the overall condition of the facilities to be renovated or replaced as a part of the project or projects.
(k) An amortization schedule demonstrating that the weighted average maturity of the qualified bond issue does not exceed 120% of the average reasonably expected useful life of the facilities, excluding land and site improvements, being financed or refinanced with the proceeds of the qualified bonds, determined as of the later of the date on which the qualified bonds will be issued or the date on which each facility is expected to be placed in service.
(l) An agreement that the school district will keep books and records detailing the investment and expenditure of the proceeds of the qualified bonds and, at the request of the state treasurer, the school district will promptly, but not later than the date specified in the request, which date shall be not less than 5 business days after the date of the request, submit information requested by the state treasurer related to the detailed information maintained by the school district as to the investment and expenditure of the proceeds of its qualified bonds.
History: 2005, Act 92, Imd. Eff. July 20, 2005 ;-- Am. 2012, Act 437, Eff. Mar. 28, 2013

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 388 - Schools and School Aid

Act 92 of 2005 - School Bond Qualification, Approval, and Loan Act (388.1921 - 388.1939)

Section 388.1921 - Short Title.

Section 388.1922 - Purpose of Act.

Section 388.1923 - Definitions.

Section 388.1924 - Qualification of New Bonds; Terms and Conditions Applicable to Outstanding Qualified Bonds; Application for Prequalification.

Section 388.1925 - Preliminary Qualification; Application.

Section 388.1926 - Prequalification of Bonds; Determination by State Treasurer.

Section 388.1927 - Qualification of Bonds; Determination by State Treasurer; Order; Specifications; Loan Agreement; Failure to Issue Bonds Within Certain Time; Reapplication; Qualification of Refunding Bonds.

Section 388.1928 - Submission of Ballot to Electors; Ballot.

Section 388.1929 - Amount of Borrowing; Limitation; Payment Date for Outstanding Qualified Loans; Order; Maintenance of Separate Accounts for Each School District; Duration of Millage Levy; Amended and Restated Repayment Agreements; Waiver of Portion...

Section 388.1930 - Certificates of Qualification or Approval; File; Delivery.

Section 388.1931 - Rules; Bulletins.

Section 388.1932 - Failure to Apply for Prequalification, Qualification, or Approval of Bond Before Issuance.

Section 388.1933 - School District Owing Revolving Loan Fund; Filing Annual Loan Activity Application Required; Borrowing for Debt Service on Qualified Bonds; Draw Request; Duties of State Treasurer Upon Receipt of Qualified Loan Confirmation; Notifi...

Section 388.1934 - Failure of School District to Pay Principal and Interest Due on Qualified Bonds; Notice; Payment by State Treasurer; Billing of School District for Amount Paid; Remittance.

Section 388.1935 - Default; Repayment.

Section 388.1936 - Charging and Disposition of Fees.

Section 388.1937 - False Statement or Unauthorized Use of Proceeds; Violation as Felony; Penalty.

Section 388.1938 - Use of Remaining Proceeds.

Section 388.1939 - Actions by Designee.