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Michigan Statutes, Title 125

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Title 125, PLANNING, HOUSING, AND ZONING

110 chapters · 1,399 sections in this title.

All chapters in Title 1251,399 Ch 57-of-2018, RECODIFIED TAX INCREMENT FINANCING ACT186 Ch 346-of-1966, STATE HOUSING DEVELOPMENT AUTHORITY …151 Ch 270-of-1984, MICHIGAN STRATEGIC FUND ACT132 Ch 167-of-1917, HOUSING LAW OF MICHIGAN65 Ch 96-of-1987, THE MOBILE HOME COMMISSION ACT59 Ch 110-of-2006, MICHIGAN ZONING ENABLING ACT51 Ch 230-of-1972, STILLE-DEROSSETT-HALE SINGLE STATE C…51 Ch 18-of-1933 (Ex. Sess.), HOUSING FACILITIES50 Ch 338-of-1974, ECONOMIC DEVELOPMENT CORPORATIONS ACT40 Ch 173-of-1992, LAND RECLAMATION AND IMPROVEMENT AUT…38 Ch 33-of-2008, MICHIGAN PLANNING ENABLING ACT32 Ch 224-of-1985, ENTERPRISE ZONE ACT30 Ch 381-of-1996, BROWNFIELD REDEVELOPMENT FINANCING ACT29 Ch 250-of-1941, URBAN REDEVELOPMENT CORPORATIONS LAW25

40 sections·Filtered byTitle 125✕Ch 338-of-1974✕

Mich. Comp. Laws § 125.1601 Short title.
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Sec. 1. This act shall be known and may be cited as the "economic development corporations act".
Mich. Comp. Laws § 125.1602 Legislative finding.
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Sec. 2. There exists in this state the continuing need for programs to alleviate and prevent conditions of unemployment, and the legislature finds that it is accordingly necessary to assist and retain local industrial and commercial enterprises, including employee-owned corporati…
Mich. Comp. Laws § 125.1603 Definitions.
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Sec. 3. As used in this act: (a) "Corporation" means a corporation organized pursuant to this act. (b) "Employee-owned corporation" means an employee-owned corporation as defined by the employee-owned corporation act. (c) "Governing body" means the body in which the legislative p…
Mich. Comp. Laws § 125.1604 Economic development corporation; incorporation; application; notice; hearing; approval; board of directors; appointment, qualifications, terms, and compensation of directors; public meetings; directors as public officers; expiration; vacancy; removal; disclosure of interest; planning commission of certain municipalities serving as board of directors.
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Sec. 4. (1) Application, in writing, may be made by a group of 3 or more persons to the governing body for permission to incorporate the economic development corporation for the municipality. Application shall include proposed articles of incorporation. The governing body shall g…

Mich. Comp. Laws § 125.1605 Approval of application to incorporate and articles of incorporation by resolution; incorporation pursuant to MCL 125.1628 to 125.1636.

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Sec. 5. After the governing body approves the application to incorporate the economic development corporation and the articles of incorporation by resolution, and the resolution is in effect and is filed with the secretary of state, the clerk of the municipality shall incorporate…

Mich. Comp. Laws § 125.1606 Organization of corporation at municipal and county levels; limitation.

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Sec. 6. Not more than 1 corporation shall be organized under this act for a municipality, except for subsidiaries established pursuant to section 6a. If a corporation is organized at the county level, thereafter, a corporation may be organized for a municipality within that count…

Mich. Comp. Laws § 125.1606a Subsidiary neighborhood development corporation; creation; powers; exemption from prevailing wage and fringe benefit rate requirements; disposition of surplus from sale of property; repayment of bonds or notes.

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Sec. 6a. (1) In order to implement section 3(f)(ii), a corporation incorporated by a city with a population of greater than 750,000 persons may create subsidiary neighborhood development corporations within the city in which the parent corporation may operate. A subsidiary neighb…

Mich. Comp. Laws § 125.1607 Powers of corporation generally.

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Sec. 7. (1) In order to accomplish the public purposes set forth in section 2 the corporation may: (a) Construct, acquire by gift or purchase, reconstruct, improve, maintain, or repair projects and acquire the necessary land, or an interest in land or portions of the land, for th…

Mich. Comp. Laws § 125.1607a Pledge by corporation; validity; lien; filing or recording instruments not required.

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Sec. 7a. A pledge made by the corporation shall be valid and binding from the time the pledge is made. The money or property pledged and thereafter received by the corporation immediately shall be subject to the lien of the pledge without a physical delivery, filing, or further a…

Mich. Comp. Laws § 125.1607b Board of directors serving as planning commission; agenda.

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Sec. 7b. If the board of directors of a corporation created under this act serves as the planning commission under section 2 of Act No. 285 of the Public Acts of 1931, being section 125.32 of the Michigan Compiled Laws, the board of directors shall include planning commission bus…

Mich. Comp. Laws § 125.1608 Designation of project area; certification of approval; preparation and approval of project plan; transfer of employment; contents of project plan; corporation as instrumentality of political subdivision; notice to vacate; corporation to operate project as lessor; issuance of obligations; project plans for agricultural and forestry enterprises.

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Sec. 8. (1) The corporation shall designate the project area to the governing body of the municipality for which the corporation is incorporated. The governing body of the municipality for which the corporation is incorporated shall certify its approval of the designation of a pr…

Mich. Comp. Laws § 125.1609 Project plan; findings and recommendations of local public agency; determinations; publication of general standards for project plans; local public agency recommendations concerning project plan not required.

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Sec. 9. (1) A local public agency shall submit its findings and recommendations concerning a project plan after the project citizens district council is consulted and advised as provided in section 14, if it determines the following from the application: (a) The project plan has …

Mich. Comp. Laws § 125.1610 Project plan; submission of findings and recommendations; determination of public purpose; considerations.

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Sec. 10. (1) The local public agency, if required, shall submit its findings and recommendations for approval or rejection of the project plan, with any recommendations for modification, to the governing body of the municipality for which the corporation is incorporated. (2) The …

Mich. Comp. Laws § 125.1611 Amendments to project plan; compliance with local ordinances and resolutions.

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Sec. 11. The governing body of the municipality for which the corporation is incorporated after a public hearing with notice of the public hearing given in accordance with section 17 may consider and approve amendments, by resolution, to the project plan. The corporation shall co…

Mich. Comp. Laws § 125.1612 Establishment of project district area boundaries; project citizens district council; establishment; appointment and qualifications of members; council as representative of project area.

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Sec. 12. (1) The governing body of the municipality for which the corporation is incorporated shall, by resolution, do the following: (a) Establish the project district area boundaries. (b) Determine the necessity of establishing a project citizens district council. (2) A project…

Mich. Comp. Laws § 125.1613 Project citizens district council as advisory body.

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Sec. 13. A project citizens district council established pursuant to this act shall act as an advisory body to the corporation, the local public agency, and the governing body.

Mich. Comp. Laws § 125.1614 Consultation between representative of corporation and project citizens district council.

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Sec. 14. Periodically the representative of the corporation responsible for preparation of the project plan within the district area shall consult with and advise the project citizens district council regarding all aspects of the project plan, including the development of new hou…

Mich. Comp. Laws § 125.1615 Project citizens district council; meetings; notice; right of person to be heard; record of meeting; information and technical assistance; conditions to adoption of project plan.

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Sec. 15. (1) Meetings of the project citizens district council shall be open to the public. Notice of the time and place of the meetings shall be given by publication in a newspaper of general circulation not less than 3 days before the dates set for meetings of the project citiz…

Mich. Comp. Laws § 125.1616 Existing citizens district council as authorized projects citizens district council.

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Sec. 16. In a project district area where there already exists a citizens district council established according to Act No. 344 of the Public Acts of 1945, as amended, being sections 125.71 to 125.84 of the Michigan Compiled Laws, the governing body may designate it as the projec…

Mich. Comp. Laws § 125.1617 Public hearing before adoption of resolution approving project plan; notice; record of public hearing; availability of record to public.

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Sec. 17. (1) The governing body of the municipality for which the corporation is incorporated, before adoption of a resolution approving a project plan authorized by this act, shall hold a public hearing. This act shall not be construed to require any other municipality, other th…

Mich. Comp. Laws § 125.1618 Finding and recommendations of project citizens district council; notice.

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Sec. 18. Promptly after the public hearing provided in section 10 (2), the project citizens district council shall notify the governing body, in writing, of its findings and recommendations concerning the proposed project plan.

Mich. Comp. Laws § 125.1619 Revision of boundaries of project district area.

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Sec. 19. The boundaries of a project district area may be revised by the inclusion of additional area or by exclusion of existing area by the governing body by resolution.

Mich. Comp. Laws § 125.1620 Situations not requiring project citizens district council; dissolution of council.

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Sec. 20. A project citizens district council shall not be required and, if formed, shall be dissolved in any of the following situations: (a) On petition of not less than 20% of the adult resident population of the project district area by the last federal decennial or municipal …

Mich. Comp. Laws § 125.1621 Injunction, mandamus, or other appropriate remedy at law; equitable relief.

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Sec. 21. A municipality may commence an action for an injunction, or any other appropriate remedy at law, against a corporation which has not substantially complied with the time limits established in its approved project plan, reasonable delays caused by unforeseen difficulties …

Mich. Comp. Laws § 125.1622 Condemnation.

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Sec. 22. A municipality may take private property under Act No. 149 of the Public Acts of 1911, as amended, being sections 213.21 to 213.41 of the Michigan Compiled Laws, for the purpose of transfer to the corporation, and may transfer the property to the corporation for use in a…

Mich. Comp. Laws § 125.1623 Borrowing money and issuing revenue bonds or revenue notes; issuing refunding bonds; bonds or notes and interest exempt from taxation; exceptions; liability of municipality on notes or bonds; statement; investment in bonds and notes; deposit of bonds and notes; report; inspection of records and reports; publication and distribution of statement of revenues and expenditures.

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Sec. 23. (1) For the purpose of defraying all or part of its project costs, refunding or refunding in advance obligations authorized under this act or obligations authorized under the industrial development revenue bond act of 1963, 1963 PA 62, MCL 125.1251 to 125.1267, by a muni…

Mich. Comp. Laws § 125.1624 Disposition of net earnings and property upon dissolution of corporation.

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Sec. 24. Any net earnings of the corporation beyond that necessary for the retirement of indebtedness or to implement the public purposes or program of the municipality may not inure to the benefit of a person other than the municipality and, upon dissolution of the corporation s…

Mich. Comp. Laws § 125.1625 Exemption of corporation and instruments of conveyance from taxation.

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Sec. 25. The corporation shall be exempt from all taxation on its earnings or property. Instruments of conveyance to or from a corporation shall be exempt from all taxation including taxes imposed by Act No. 134 of the Public Acts of 1966, as amended, being sections 207.501 to 20…

Mich. Comp. Laws § 125.1627 Powers of public bodies.

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Sec. 27. (1) Any municipality and any agency or department thereof, or any other official public body, may do any of the following: (a) Anything necessary or convenient to aid in the planning and execution of a project plan. (b) Lend, grant, transfer, or contribute funds to the c…

Mich. Comp. Laws § 125.1628 Incorporation of economic development corporation; name of corporation.

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Sec. 28. Any number of persons, not less than 3, may incorporate, as provided in this act, an economic development corporation for the purpose of implementing or furthering the public purposes stated in section 2 through the exercise of some or all of the powers created in sectio…

Mich. Comp. Laws § 125.1629 Articles of incorporation; approval by resolution; contents.

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Sec. 29. The incorporation of the corporation shall be accomplished by the approval of articles of incorporation by resolution of the municipality. The articles of incorporation shall set forth the name of the corporation; the purpose for which the corporation is created; the num…

Mich. Comp. Laws § 125.1630 Amendment of articles of incorporation.

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Sec. 30. The articles of incorporation of the corporation may be amended by resolution of the municipality which resolution shall be filed with the secretary of state. The effect of an amendment may include the alteration or changing of the structure, organization, programs, or a…

Mich. Comp. Laws § 125.1631 Articles of incorporation; execution; delivery; filing; publication; statement of right to question incorporation; certificate; effective date and validity of incorporation.

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Sec. 31. (1) The articles of incorporation shall be executed in duplicate and delivered to the county clerk who shall file 1 copy in his or her office and the other with the recording officer of the corporation when a recording officer is selected. The municipality's clerk shall …

Mich. Comp. Laws § 125.1632 Corporation as body corporate; powers.

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Sec. 32. The corporation shall be a body corporate with power to sue and be sued in any court of this state. The corporation shall possess all the powers necessary to carry out the purpose of its incorporation and those incident thereto. The enumeration of any powers in this act …

Mich. Comp. Laws § 125.1632a Personal liability of board members; insurance.

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Sec. 32a. The members of the board of directors of any corporation organized pursuant to this act or any person executing any revenue bond or revenue note on behalf of a corporation shall not be liable personally on the revenue bond or revenue note, or be subject to any personal …

Mich. Comp. Laws § 125.1633 Dissolution of corporation; referendum on continued existence of corporation.

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Sec. 33. (1) A corporation which has completed the purposes for which it was organized shall be dissolved by the adoption of a resolution by a 2/3 majority of its directors, which resolution shall be approved by a majority of the governing body of the municipality and filed with …

Mich. Comp. Laws § 125.1634 Corporations organized and incorporated pursuant to MCL 450.62 to 450.192; validation, force, and effect of prior actions.

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Sec. 34. A corporation organized and incorporated pursuant to section 5 and Act No. 327 of the Public Acts of 1931, as amended, being sections 450.62 to 450.192 of the Michigan Compiled Laws, before the effective date of this section, is subject to this act, as amended, without f…

Mich. Comp. Laws § 125.1634a Corporation deemed validly incorporated; validity of action taken by corporation under act; validity and legality of evidences of indebtedness and related instruments.

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Sec. 34a. (1) Notwithstanding any other provision of this act, a corporation for which a copy of articles of incorporation is on file with the secretary of state on or before the effective date of this section shall be deemed validly incorporated under this act from the date on w…

Mich. Comp. Laws § 125.1635 Liberal construction.

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Sec. 35. This act, being necessary for and to secure the performance of essential public purposes and functions for the state and its municipalities shall be liberally construed to effect the purposes of this act.

Mich. Comp. Laws § 125.1636 Authority cumulative.

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Sec. 36. The authority given by this act shall be in addition to and not in derogation of any power existing in any of the municipalities under any statutory or charter provisions.