Mich. Comp. Laws » Michigan Compiled Laws / Chapter 141 / Act 94 of 1933

Mich. Comp. Laws § 141.103

Definitions.

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THE REVENUE BOND ACT OF 1933


Act 94 of 1933


141.103 Definitions.

Sec. 3.

    As used in this act:

    (a) "Public corporation" means a county, city, village, township, school district, port district, or metropolitan district of the state or a combination of these if authorized by law to act jointly; an authority created by or under an act of the legislature; or a municipal health facilities corporation or subsidiary municipal health facilities corporation incorporated as provided in the municipal health facilities corporations act, 1987 PA 230, MCL 331.1101 to 331.1507.

    (b) "Public improvements" means only the following improvements: housing facilities; garbage disposal plants; rubbish disposal plants; incinerators; transportation systems, including plants, works, instrumentalities, and properties used or useful in connection with those systems; sewage disposal systems, including sanitary sewers, combined sanitary and storm sewers, plants, works, instrumentalities, and properties used or useful in connection with the collection, treatment, or disposal of sewage or industrial wastes; storm water systems, including storm sewers, plants, works, instrumentalities, and properties used or useful in connection with the collection, treatment, or disposal of storm water; water supply systems, including plants, works, instrumentalities, and properties used or useful in connection with obtaining a water supply, the treatment of water, or the distribution of water; utility systems for supplying light, heat, or power, including plants, works, instrumentalities, and properties used or useful in connection with those systems; approved cable television systems, approved cable communication systems, or telephone systems, including plants, works, instrumentalities, and properties used or useful in connection with those systems; automobile parking facilities, including within or as part of the facilities areas or buildings that may be rented or leased to private enterprises serving the public; yacht basins; harbors; docks; wharves; terminal facilities; elevated highways; bridges over, tunnels under, and ferries across bodies of water; community buildings; public wholesale markets for farm and food products; stadiums; convention halls; auditoriums; dormitories; hospitals and other health care facilities; buildings devoted to public use; museums; parks; recreational facilities; reforestation projects; aeronautical facilities; and marine railways; or any right or interest in or equipment for these improvements. The term "public improvement" means the whole or a part of any of these improvements or of any combination of these improvements or any interest or participation in these improvements, as determined by the governing body. The definition contained in this subdivision does not broaden or enlarge the extent of a particular public improvement made by a public corporation.

    (c) "Borrower" means a public corporation exercising the power to issue bonds as provided in this act or a county treasurer exercising the power to issue notes as provided in this act.

    (d) "Governing body" means for a county, the board of commissioners; for a city, the body having legislative powers; for a village, the body having legislative powers; for a township, the township board; for a school district, the board of education; for a port district, the port commission; for a metropolitan district, the legislative body of the district; for a municipal health facilities corporation, the board of trustees; for a nonprofit subsidiary municipal health facilities corporation, the nonprofit subsidiary board; and for an authority, the body in which is lodged general governing powers. If the charter of a public corporation or applicable law provides that a separate board has general management over a public improvement, "governing body" means, with respect to that public improvement, the separate board, subject to review by the legislative body of the public corporation as the charter or law may provide. Unless the charter or law specifically provides otherwise, the separate board shall adopt the bond authorizing ordinance, but shall not pledge full faith and credit.

    (e) "Rates" means the charges, fees, rentals, and rates that may be fixed and imposed for the services, facilities, and commodities furnished by a public improvement.

    (f) "Revenues" means the income derived from the rates charged for the services, facilities, and commodities furnished by a public improvement. Revenues include, to the extent provided in the authorizing ordinance, earnings on investment of funds of the public improvement and other revenues derived from or pledged to operation of the public improvement.

    (g) "Net revenues" means the revenues of a public improvement remaining after deducting the reasonable expenses of administration, operation, and maintenance of the public improvement.

    (h) "Project cost" or "costs" means the costs of purchasing, acquiring, constructing, improving, enlarging, extending, or repairing a public improvement, including any engineering, architectural, legal, accounting, financial, and other expenses incident to the public improvement. Project costs include interest on the bonds, and other obligations of the borrower issued to pay project costs, during the period of construction and until full revenues are developed. Project costs include a reserve or addition to a reserve for payment of principal and interest on the bonds and the amount required for operation and maintenance until sufficient revenues have developed.

    (i) "Ordinance" means an ordinance, resolution, or other appropriate legislative enactment of the governing body of a public corporation.

    (j) "Approved cable television system" or "approved cable communication system" means a cable television or communication system to which 1 of the following applies:

    (i) A municipality acquires or establishes the system either before January 1, 1987 or before a system is established in that municipality by a private person.

    (ii) A municipality acquires or establishes the system after a system is established in that municipality by a private person and after approval by a majority of the electors in the affected area of that municipality voting on the question of the sale of revenue bonds to finance the acquisition or establishment of the municipal system.

    (k) "County treasurer" means an elected county treasurer or a county treasurer appointed under section 5 of 1923 PA 199, MCL 201.35, of a county.

    (l) "Delinquent tax revenues" means the delinquent taxes, interest, penalties and fees, and chargebacks of uncollected delinquent taxes due or to become due to local units of government to be collected by a county treasurer as agent for the local unit of government in connection with a delinquent tax system and pledged to any borrowing by a county treasurer under section 7b. Delinquent tax revenues do not include fees, charges, and other amounts due and payable to the county treasurer under section 87c(3) of the general property tax act, 1893 PA 206, MCL 211.87c.

    (m) "Delinquent tax system" means the delinquent tax revolving fund in any county created and designated under section 87b of the general property tax act, 1893 PA 206, MCL 211.87b, and continued under section 87f of the general property tax act, 1893 PA 206, MCL 211.87f.

    (n) "Order" means the legislative enactment of a county treasurer's powers under this act.

History: 1933, Act 94, Imd. Eff. May 26, 1933 ;-- Am. 1943, Act 219, Imd. Eff. Apr. 20, 1943 ;-- Am. 1946, 1st Ex. Sess., Act 23, Eff. June 7, 1946 ;-- Am. 1947, Act 204, Imd. Eff. June 13, 1947 ;-- CL 1948, 141.103 ;-- Am. 1949, Act 244, Eff. Sept. 23, 1949 ;-- Am. 1952, Act 152, Imd. Eff. Apr. 24, 1952 ;-- Am. 1954, Act 136, Eff. Aug. 13, 1954 ;-- Am. 1956, Act 134, Imd. Eff. Apr. 13, 1956 ;-- Am. 1966, Act 294, Imd. Eff. July 14, 1966 ;-- Am. 1968, Act 253, Imd. Eff. July 1, 1968 ;-- Am. 1978, Act 216, Imd. Eff. June 5, 1978 ;-- Am. 1986, Act 40, Imd. Eff. Mar. 17, 1986 ;-- Am. 1986, Act 246, Imd. Eff. Dec. 4, 1986 ;-- Am. 1987, Act 229, Imd. Eff. Dec. 28, 1987 ;-- Am. 1988, Act 501, Imd. Eff. Dec. 29, 1988 ;-- Am. 1992, Act 305, Imd. Eff. Dec. 21, 1992 ;-- Am. 2002, Act 465, Imd. Eff. June 21, 2002 ;-- Am. 2016, Act 83, Imd. Eff. Apr. 12, 2016

Notes of Decisions
Cited in 24 cases (2 in the last 5 years), 1949–2022 · leading case: Bolt v. City of Lansing
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Bolt v. City of Lansing (1998) mich · cites it 4× “" MCL 141.103(b); MSA 5.2733. In adding storm water language to the Revenue Bond Act in 1992, the Legislature notably aligned storm water treatment and disposal with other utilities listed under the term "public improvement," including the light, heat, and power utilities,…”
Sau-Tuk Industries, Inc. v. Allegan County (2016) michctapp · cites it 2× “Under the RBA, a public corporation—such as a city or county, see MCL 141.103(a)—is “authorized to purchase, acquire, construct, improve, enlarge, extend or repair 1 or more public improvements and to own, operate and maintain the same, within or without its corporate limits,…”
Alan v. Wayne County (1972) mich · cites it 4× “[35] MCLA 141.103(b); MSA 5.2733(b). [36] Act 31, title and §§ 1, 2, 8, 11; MCLA 123.”
Wayne County Board of Commissioners v. Wayne County Airport Authority (2002) michctapp · cites it 2× “The rba defines a “public corporation,” in part, as “an authority created by or under an act of the legislature,” MCL 141.103(a). Therefore, the WCAA is a public corporation because the Legislature created it as a political subdivision of the local government that owns the…”
Brown Bark I, L.P. v. Traverse City Light & Power Department (2010) miwd · cites it 4× “” In turn, Mich. Comp. Laws § 141.103 (b) defines “public improvement” broadly to include “utility systems for supplying light, heat or power, including plants, works, instrumentalities, and properties used or useful in connection with those systems.”
City of Novi v. City of Detroit (1989) mich · cites it 2× “MCL 141.103(d); MSA 5.2733(d), [16] MCL 141.”
Wayne Village President v. Wayne Village Clerk (1949) mich “Laws 1948, §§ 141.103, 141.104 [Stat. Ann. 1949 Rev.”
Eyde Construction Co. v. Charter Township of Meridian (1986) michctapp “7 See MCL 141.103(b); MSA 5.2733(b) and MCL 41.”
Atlas Valley Golf and Country Club, Inc v. Village of Goodrich (1998) michctapp “The Legislature also granted villages the general authority to “purchase, acquire, construct, improve, enlarge, extend or repair” a sewer, to “own, operate and maintain the same, within or without its corporate limits,” and to furnish the services to users within and without its…”
City of North Muskegon v. Bolema Construction Co. (1953) mich “” Section 3 of said act (CL 1948, § 141.103 [Stat Ann 1947 Cum Supp § 5.2733]), provides as follows: “Sec.”
United States v. Michigan (1981) mied · cites it 3× “§ 141.103(f). The definition broadened the scope of the term “revenues” and was a “liberalizing” amendment.”
United States v. State of Mich. (1981) mied · cites it 3× “§ 141.103(f). The definition broadened the scope of the term "revenues" and was a "liberalizing" amendment.”
Show all 24 citing cases →
— Mich. Comp. Laws § 141.103(a) — 7 cases
Sau-Tuk Industries, Inc. v. Allegan County (2016) michctapp “Under the RBA, a public corporation—such as a city or county, see MCL 141.103(a)—is “authorized to purchase, acquire, construct, improve, enlarge, extend or repair 1 or more public improvements and to own, operate and maintain the same, within or without its corporate limits,…”
Wayne County Board of Commissioners v. Wayne County Airport Authority (2002) michctapp “The rba defines a “public corporation,” in part, as “an authority created by or under an act of the legislature,” MCL 141.103(a). Therefore, the WCAA is a public corporation because the Legislature created it as a political subdivision of the local government that owns the…”
Atlas Valley Golf and Country Club, Inc v. Village of Goodrich (1998) michctapp “The Legislature also granted villages the general authority to “purchase, acquire, construct, improve, enlarge, extend or repair” a sewer, to “own, operate and maintain the same, within or without its corporate limits,” and to furnish the services to users within and without its…”
City of Highland Park v. State Land Bank Authority (2022) michctapp
City of Highland Park v. State Land Bank Authority (2022) michctapp
— Mich. Comp. Laws § 141.103(b) — 7 cases
Bolt v. City of Lansing (1998) mich “" MCL 141.103(b); MSA 5.2733. In adding storm water language to the Revenue Bond Act in 1992, the Legislature notably aligned storm water treatment and disposal with other utilities listed under the term "public improvement," including the light, heat, and power utilities,…”
Sau-Tuk Industries, Inc. v. Allegan County (2016) michctapp “Under the RBA, a public corporation—such as a city or county, see MCL 141.103(a)—is “authorized to purchase, acquire, construct, improve, enlarge, extend or repair 1 or more public improvements and to own, operate and maintain the same, within or without its corporate limits,…”
Alan v. Wayne County (1972) mich “[35] MCLA 141.103(b); MSA 5.2733(b). [36] Act 31, title and §§ 1, 2, 8, 11; MCLA 123.”
Wayne County Board of Commissioners v. Wayne County Airport Authority (2002) michctapp “The rba defines a “public corporation,” in part, as “an authority created by or under an act of the legislature,” MCL 141.103(a). Therefore, the WCAA is a public corporation because the Legislature created it as a political subdivision of the local government that owns the…”
Eyde Construction Co. v. Charter Township of Meridian (1986) michctapp “7 See MCL 141.103(b); MSA 5.2733(b) and MCL 41.”
— Mich. Comp. Laws § 141.103(d) — 2 cases
City of Novi v. City of Detroit (1989) mich “MCL 141.103(d); MSA 5.2733(d), [16] MCL 141.”
City of Novi v. City of Detroit (1988) michctapp
— Mich. Comp. Laws § 141.103(e) — 2 cases
Alan v. Wayne County (1972) mich “[35] MCLA 141.103(b); MSA 5.2733(b). [36] Act 31, title and §§ 1, 2, 8, 11; MCLA 123.”
Mapleview Estates, Inc v. City of Brown City (2003) michctapp
— Mich. Comp. Laws § 141.103(f) — 2 cases
United States v. Michigan (1981) mied “§ 141.103(f). The definition broadened the scope of the term “revenues” and was a “liberalizing” amendment.”
United States v. State of Mich. (1981) mied “§ 141.103(f). The definition broadened the scope of the term "revenues" and was a "liberalizing" amendment.”
— Mich. Comp. Laws § 141.103(g) — 3 cases
United States v. Michigan (1981) mied “§ 141.103(f). The definition broadened the scope of the term “revenues” and was a “liberalizing” amendment.”
United States v. State of Mich. (1981) mied “§ 141.103(f). The definition broadened the scope of the term "revenues" and was a "liberalizing" amendment.”
Furstenberg Bros. v. Carrollton Township (1975) michctapp
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