SB-1120, As Passed House, June 15, 2006
March 7, 2006, Introduced by Senators GOSCHKA, BARCIA, ALLEN, CROPSEY and BIRKHOLZ and referred to the Committee on Local, Urban and State Affairs.
A bill to amend 1957 PA 185, entitled
"An act to authorize the establishing of a department and board of
public works in counties; to prescribe the powers and duties of any
municipality subject to the provisions of this act; to authorize
the incurring of contract obligations and the issuance and payment
of bonds or notes; to provide for a pledge by a municipality of its
full faith and credit and the levy of taxes without limitation as
to rate or amount to the extent necessary; to validate obligations
issued; and to prescribe a procedure for special assessments and
condemnation,"
by amending sections 13 and 25 (MCL 123.743 and 123.755), section
25 as amended by 2002 PA 407.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
13. (1) When If
the board of public works shall
determine
determines to spread all or part of the cost of a
project to a special assessment district, it shall proceed as
provided in
under chapter 2.
of this act.
(2) If a municipality other than a county operating under this
act elects to raise moneys to pay all or any portion of its share
of
the cost of a project by assessing the
same cost upon
benefited
lands, its governing body shall do
so determine by
resolution
and fix the district therefor for assessment.
(3) The governing body shall then
cause a special assessment
roll
to be prepared and thereafter the proceedings in
respect to
of the special assessment roll and the making and collection of the
special
assessments thereon, shall be in accordance with
the
provisions of the statute or charter governing special assessments
in the municipality, except that the total assessment may be
divided
into any number of installments not exceeding 30, and any
40.
(4) Any person assessed shall have the right at the hearing
upon the special assessment roll to object to the special
assessment
district previously established in
which event due
consideration
shall be given to the objections under
this section.
Sec. 25. (1) The board of public works may provide that the
assessments made on any roll shall be payable in 1 or more annual
installments,
not exceeding 30 40. The board may vary the
principal amount of each installment but an installment shall not
be less than 1/4 of the amount of a subsequent installment. Annual
installments need not be extended upon the special assessment roll
until after confirmation.
(2) All unpaid installments shall bear interest from the date
fixed by the board of public works, payable annually, at a rate to
be set by the board at the time the special assessment is
established, which shall not exceed any of the following:
(a) If bonds are not issued, 8% per annum.
(b) If bonds are issued, the maximum rate permitted to be
charged under the revised municipal finance act, 2001 PA 34, MCL
141.2101 to 141.2821.
(3) Installments of special assessments shall be spread as
provided in this act, 1 each year, upon the tax rolls upon which
county taxes are spread. The board of public works shall specify
the first year of this spread, which shall not be later than the
year following that in which the roll was confirmed. The board may
provide the times and conditions upon which installments of special
assessments may be paid in advance of their due dates.
(4) Bonds issued under this section are subject to the revised
municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.