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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

186 sections·Filtered byTitle 125✕Ch 57-of-2018✕

Mich. Comp. Laws § 125.4101 Short title.
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Sec. 101. This act shall be known and may be cited as the "recodified tax increment financing act".
Mich. Comp. Laws § 125.4102 Repeal of statute or section of law; effect.
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Sec. 102. (1) The repeal of a statute or section of law by this act does not relinquish any penalty, forfeiture, or liability, whether criminal or civil in nature, and that statute or section of law shall be treated as still remaining in force as necessary for the purpose of inst…
Mich. Comp. Laws § 125.4103 Board of authority created under repealed statute or section of law; continuation in office; duration; appointment.
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Sec. 103. Members of a board of an authority created under a statute or section of law repealed by this act with the same or similar name and functions shall continue in office for the duration of the terms of office for which they were appointed. Members shall be appointed under…
Mich. Comp. Laws § 125.4104 Act as recodification of certain existing acts.
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Sec. 104. As this act is a recodification of certain existing tax increment financing acts, the recodification of 1975 PA 197, MCL 125.1651 to 125.1681, in part 2 is a continuation of the taxing authority authorized in section 12 of 1975 PA 197, MCL 125.1662, for purposes of sect…

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Mich. Comp. Laws § 125.4201 Definitions.

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Sec. 201. As used in this part: (a) "Advance" means a transfer of funds made by a municipality to an authority or to another person on behalf of the authority in anticipation of repayment by the authority. Evidence of the intent to repay an advance includes, but is not limited to…

Mich. Comp. Laws § 125.4201a Legislative findings.

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Sec. 201a. The legislature finds all of the following: (a) That there exists in this state conditions of property value deterioration detrimental to the state economy and the economic growth of the state and its local units of government. (b) That government programs are desirabl…

Mich. Comp. Laws § 125.4202 Authority; establishment; restriction; public body corporate; powers generally.

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Sec. 202. (1) Except as otherwise provided in this subsection, a municipality may establish 1 authority. If, before November 1, 1985, a municipality establishes more than 1 authority, those authorities may continue to exist as separate authorities. Under the conditions described …

Mich. Comp. Laws § 125.4203 Resolution of intent to create and provide for operation of authority; public hearing on proposed ordinance creating authority and designating boundaries of downtown district; notice; exemption of taxes from capture; action by library board or commission; adoption, filing, and publication of ordinance; altering or amending boundaries; agreement with adjoining municipality; agreement with qualified township.

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Sec. 203. (1) When the governing body of a municipality determines that it is necessary for the best interests of the public to halt property value deterioration and increase property tax valuation where possible in its business district, to eliminate the causes of that deteriora…

Mich. Comp. Laws § 125.4203a Authority of annexing or consolidated municipality; obligations, agreements, and bonds.

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Sec. 203a. If a downtown district is part of an area annexed to or consolidated with another municipality, the authority managing that district shall become an authority of the annexing or consolidated municipality. Obligations of that authority incurred under a development or ta…

Mich. Comp. Laws § 125.4203b Ratification and validation of ordinance and actions; compliance.

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Sec. 203b. (1) An ordinance enacted by a municipality that has a population of less than 50,000 establishing an authority, creating a district, or approving a development plan or tax increment financing plan, or an amendment to an authority, district, or plan, and all actions tak…

Mich. Comp. Laws § 125.4203c Proceedings or findings; validity.

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Sec. 203c. The validity of the proceedings or findings establishing an authority, or of the procedure, adequacy of notice, or findings with respect to the approval of a development plan or tax increment financing plan is conclusive with respect to the capture of tax increment rev…

Mich. Comp. Laws § 125.4203d Establishment or amendment of authority, district, or plan; notice; publication or posting.

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Sec. 203d. An ordinance enacted by a municipality that has a population of greater than 1,000 and less than 2,000 establishing an authority, creating a district, or approving a development plan or tax increment financing plan, or an amendment to an authority, district, or plan, a…

Mich. Comp. Laws § 125.4204 Board; appointment, terms, and qualifications of members; vacancy; compensation and expenses; election of chairperson; appointment as public official; oath; conducting business at public meeting; public notice; special meetings; removal of member; review; expense items and financial records; availability of writings to public; single board governing all authorities; member as resident or having interest in property; planning commission serving as board in certain municipalities; modification by interlocal agreement.

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Sec. 204. (1) Except as provided in subsections (7), (8), and (9), an authority shall be under the supervision and control of a board consisting of the chief executive officer of the municipality or his or her designee from the governing body of the municipality and not less than…

Mich. Comp. Laws § 125.4205 Director; acting director; treasurer; secretary; legal counsel; other personnel.

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Sec. 205. (1) The board may employ and fix the compensation of a director, subject to the approval of the governing body of the municipality. The director shall serve at the pleasure of the board. A member of the board is not eligible to hold the position of director. Before ente…

Mich. Comp. Laws § 125.4206 Participation of employees in municipal retirement and insurance programs.

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Sec. 206. The employees of an authority shall be eligible to participate in municipal retirement and insurance programs of the municipality as if they were civil service employees except that the employees of an authority are not civil service employees.

Mich. Comp. Laws § 125.4207 Powers of board; creation, operation, or funding of retail business incubator.

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Sec. 207. (1) The board may: (a) Prepare an analysis of economic changes taking place in the downtown district. (b) Study and analyze the impact of metropolitan growth upon the downtown district. (c) Plan and propose the construction, renovation, repair, remodeling, rehabilitatio…

Mich. Comp. Laws § 125.4208 Board serving as planning commission; agenda.

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Sec. 208. If a board created under this part serves as the planning commission under the Michigan planning enabling act, 2008 PA 33, MCL 125.3801 to 125.3885, the board shall include planning commission business in its agenda.

Mich. Comp. Laws § 125.4209 Authority as instrumentality of political subdivision.

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Sec. 209. The authority shall be deemed an instrumentality of a political subdivision for purposes of 1972 PA 227, MCL 213.321 to 213.332.

Mich. Comp. Laws § 125.4210 Taking, transfer, and use of private property.

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Sec. 210. A municipality may take private property under 1911 PA 149, MCL 213.21 to 213.25, for the purpose of transfer to the authority, and may transfer the property to the authority for use in an approved development, on terms and conditions it deems appropriate, and the takin…

Mich. Comp. Laws § 125.4211 Financing activities of authority; disposition of money received by authority; municipal obligations.

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Sec. 211. (1) The activities of the authority shall be financed from 1 or more of the following sources: (a) Donations to the authority for the performance of its functions. (b) Proceeds of a tax imposed pursuant to section 212. (c) Money borrowed and to be repaid as authorized b…

Mich. Comp. Laws § 125.4212 Ad valorem tax; borrowing in anticipation of collection.

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Sec. 212. (1) An authority with the approval of the municipal governing body may levy an ad valorem tax on the real and tangible personal property not exempt by law and as finally equalized in the downtown district. The tax shall not be more than 1 mill if the downtown district i…

Mich. Comp. Laws § 125.4213 Revenue bonds.

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Sec. 213. The authority may borrow money and issue its negotiable revenue bonds under the revenue bond act of 1933, 1933 PA 94, MCL 141.101 to 141.140. Revenue bonds issued by the authority shall not except as hereinafter provided be deemed a debt of the municipality or the state…

Mich. Comp. Laws § 125.4213a Borrowing money; issuing revenue bonds or notes; purpose; costs; security; pledge and lien of pledge valid and binding; filing or recordation not required; tax exemption; bonds or notes neither liability nor debt of municipality; statement; investment and deposit of bonds and notes.

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Sec. 213a. (1) The authority may with approval of the local governing body borrow money and issue its revenue bonds or notes to finance all or part of the costs of acquiring or constructing property in connection with the implementation of a development plan in the downtown distr…

Mich. Comp. Laws § 125.4213b Insufficient tax increment revenues to repay advance or pay obligation; contents, time, and payment of claim; appropriation and distribution of aggregate amount; limitations; distribution subject to lien; obligation as debt or liability; certification of distribution amount; basis for calculation of distributions and claim reports.

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Sec. 213b. (1) If the amount of tax increment revenues lost as a result of the reduction of taxes levied by local school districts for school operating purposes required by the millage limitations under section 1211 of the school code of 1976, 1976 PA 451, MCL 380.1211, reduced b…

Mich. Comp. Laws § 125.4213c Retention and payment of taxes levied under state education tax act; conditions; application by authority for approval; information to be included; approval, modification, or denial of application by department of treasury; appropriation and distribution of amount; calculation of aggregate amount; lien; reimbursement calculations; legislative intent.

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Sec. 213c. (1) If the amount of tax increment revenues lost as a result of the personal property tax exemptions provided by section 1211(1) and (4) of the revised school code, 1976 PA 451, MCL 380.1211, section 3 of the state education tax act, 1993 PA 331, MCL 211.903, section 1…

Mich. Comp. Laws § 125.4214 Tax increment financing plan; preparation and contents; limitation; public hearing; fiscal and economic implications; recommendations; agreements; modification of plan; catalyst development project.

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Sec. 214. (1) When the authority determines that it is necessary for the achievement of the purposes of this part, the authority shall prepare and submit a tax increment financing plan to the governing body of the municipality. The plan shall include a development plan as provide…

Mich. Comp. Laws § 125.4215 Transmitting and expending tax increments revenues; reversion of surplus funds; abolishment of tax increment financing plan; conditions.

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Sec. 215. (1) The municipal and county treasurers shall transmit to the authority tax increment revenues. (2) The authority shall expend the tax increment revenues received for the development program only pursuant to the tax increment financing plan. Surplus funds shall revert p…

Mich. Comp. Laws § 125.4216 General obligation bonds and tax increment bonds; qualified refunding obligation.

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Sec. 216. (1) The municipality may by resolution of its governing body authorize, issue, and sell general obligation bonds subject to the limitations set forth in this subsection to finance the development program of the tax increment financing plan and shall pledge its full fait…

Mich. Comp. Laws § 125.4217 Development plan; preparation; contents.

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Sec. 217. (1) When a board decides to finance a project in the downtown district by the use of revenue bonds as authorized in section 213 or tax increment financing as authorized in sections 214, 215, and 216, it shall prepare a development plan. (2) The development plan shall co…

Mich. Comp. Laws § 125.4218 Ordinance approving or amending development plan or tax increment financing plan; public hearing; notice; record.

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Sec. 218. (1) The governing body, before adoption of an ordinance approving or amending a development plan or approving or amending a tax increment financing plan, shall hold a public hearing on the development plan. Notice of the time and place of the hearing shall be given by p…

Mich. Comp. Laws § 125.4219 Development plan or tax increment financing plan as constituting public purpose; determination; ordinance; considerations; amendments; incorporation of catalyst development project plan.

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Sec. 219. (1) The governing body after a public hearing on the development plan or the tax increment financing plan, or both, with notice of the hearing given in accordance with section 218, shall determine whether the development plan or tax increment financing plan constitutes …

Mich. Comp. Laws § 125.4220 Notice to vacate.

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Sec. 220. A person to be relocated under this part shall be given not less than 90 days' written notice to vacate unless modified by court order for good cause.

Mich. Comp. Laws § 125.4221 Development area citizens council; establishment; appointment and qualifications of members; representative of development area.

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Sec. 221. (1) If a proposed development area has residing within it 100 or more residents, a development area citizens council shall be established at least 90 days before the public hearing on the development or tax increment financing plan. The development area citizens council…

Mich. Comp. Laws § 125.4222 Development area citizens council; advisory body.

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Sec. 222. A development area citizens council established pursuant to this part shall act an advisory body to the authority and the governing body in the adoption of the development or tax increment financing plans.

Mich. Comp. Laws § 125.4223 Consultation.

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Sec. 223. Periodically a representative of the authority responsible for preparation of a development or tax increment financing plan within the development area shall consult with and advise the development area citizens council regarding the aspects of a development plan, inclu…

Mich. Comp. Laws § 125.4224 Development area citizens council; meetings; notice; record; information and technical assistance; failure to organize, consult, or advise.

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Sec. 224. (1) Meetings of the development area citizens 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 5 days before the dates set for meetings of the development …

Mich. Comp. Laws § 125.4225 Citizens district council as development area citizens council.

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Sec. 225. In a development area where a citizens district council established according to 1945 PA 344, MCL 125.71 to 125.84, already exists the governing body may designate it as the development area citizens council authorized by this part.

Mich. Comp. Laws § 125.4226 Notice of findings and recommendations.

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Sec. 226. Within 20 days after the public hearing on a development or tax increment financing plan, the development area citizens council shall notify the governing body, in writing, of its findings and recommendations concerning a proposed development plan.

Mich. Comp. Laws § 125.4227 Development area citizens council; dissolution.

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Sec. 227. A development area citizens council may not be required and, if formed, may be dissolved in any of the following situations: (a) On petition of not less than 20% of the adult resident population of the development area by the last federal decennial or municipal census, …

Mich. Comp. Laws § 125.4228 Budget; cost of handling and auditing funds.

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Sec. 228. (1) The director of the authority shall prepare and submit for the approval of the board a budget for the operation of the authority for the ensuing fiscal year. The budget shall be prepared in the manner and contain the information required of municipal departments. Be…

Mich. Comp. Laws § 125.4228a Exemption.

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Sec. 228a. Beginning January 1, 2010, the authority shall be exempt from all taxation on its earnings or property. Instruments of conveyance from an authority are exempt from transfer taxes under 1966 PA 134, MCL 207.501 to 207.513, and the state real estate transfer tax act, 199…

Mich. Comp. Laws § 125.4229 Historic sites.

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Sec. 229. (1) A public facility, building, or structure that is determined by the municipality to have significant historical interests shall be preserved in a manner as considered necessary by the municipality in accordance with laws relative to the preservation of historical si…

Mich. Comp. Laws § 125.4230 Dissolution of authority; disposition of property and assets; reinstatement of authority; contesting validity of proceedings, findings, and determinations.

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Sec. 230. (1) An authority that has completed the purposes for which it was organized shall be dissolved by ordinance of the governing body. The property and assets of the authority remaining after the satisfaction of the obligations of the authority belong to the municipality. (…

Mich. Comp. Laws § 125.4301 Definitions.

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Sec. 301. As used in this part: (a) "Advance" means a transfer of funds made by a municipality to an authority or to another person on behalf of the authority. Evidence of the intent to repay an advance is required and may include, but is not limited to, an executed agreement to …

Mich. Comp. Laws § 125.4301a Short title of part.

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Sec. 301a. This part shall be known and may be cited as "the tax increment finance authority part".

Mich. Comp. Laws § 125.4302 Authority; establishment; public body corporate; powers generally.

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Sec. 302. (1) A municipality may establish not more than 1 authority. An authority shall exercise its powers in all development areas designated pursuant to this part. (2) The authority shall be a public body corporate which may sue and be sued in any court of this state. The aut…

Mich. Comp. Laws § 125.4303 Resolution of intent to create and provide operation of authority; determinations; notice of public hearing; adoption, filing, and publication of resolution establishing authority and designating boundaries of authority district; alteration or amendment of boundaries; validity of proceedings establishing authority; action by library board or commission.

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Sec. 303. (1) If the governing body of a municipality determines that it is in the best interests of the public to halt a decline in property values, increase property tax valuation, eliminate the causes of the decline in property values, and to promote growth in an area in the m…

Mich. Comp. Laws § 125.4304 Board; composition; chairperson; oath of member; rules governing procedure and meetings; meetings open to public; removal of member; publicizing expense items; financial records open to public.

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Sec. 304. (1) The authority shall be under the supervision and control of a board chosen by the governing body which may by majority vote designate any 1 of the following to constitute the board: (a) The board of directors of the economic development corporation of the municipali…

Mich. Comp. Laws § 125.4305 Board; employment, compensation, term, oath, and bond of director; chief executive office; duties of director; absence or disability of director; reports; employment, compensation, and duties of treasurer and secretary; retention and duties of legal counsel; employment of other personnel; participation in municipal retirement and insurance programs.

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Sec. 305. (1) The board may employ and fix the compensation of a director, subject to the approval of the governing body. The director shall serve at the pleasure of the board. A member of the board is not eligible to hold the position of director. Before entering upon the duties…

Mich. Comp. Laws § 125.4307 Board; powers generally.

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Sec. 307. The board may: (a) Prepare an analysis of economic changes taking place in the municipality and its environs as those changes relate to urban deterioration in the development areas. (b) Study and analyze the impact of growth upon development areas. (c) Plan and propose …