March 18, 2010, Introduced by Reps. Rick Jones, DeShazor, Elsenheimer, Kowall, Stamas, Walsh, Marleau, Horn and Crawford and referred to the Committee on Tax Policy.
A bill to amend 1954 PA 188, entitled
"An act to provide for the making of certain improvements by
townships; to provide for paying for the improvements by the
issuance of bonds; to provide for the levying of taxes; to provide
for assessing the whole or a part of the cost of improvements
against property benefited; and to provide for the issuance of
bonds in anticipation of the collection of special assessments and
for the obligation of the township on the bonds,"
by amending section 3 (MCL 41.723), as amended by 1995 PA 139.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
3. (1) The Subject to the
provisions of subsection (5),
the township board may proceed to carry out an improvement as
provided in this act unless written objections to the improvement
are filed with the township board at or before the hearing provided
in section 4 by property owners as follows:
(a) For an improvement under section 2(1)(a), (b), (d), (e),
(f), (h), (i), (j), (l), (n), or (o) by the record owners of land
constituting more than 20% of the total land area in the proposed
special assessment district.
(b) For an improvement under section 2(1)(c), (g), (k), or
(m), by the record owners of land constituting more than 20% of the
total frontage upon the road, bicycle path, or sidewalk.
(2) A township board may require the filing of a petition
meeting the requirements of subsection (3) before proceeding with
an improvement under this act.
(3) If written objections are filed as provided in subsection
(1), or if the township board requires a petition before
proceeding, the township board shall not proceed with the
improvement until there is filed with the board a petition signed
as follows:
(a) For an improvement under section 2(1)(a), (b), (d), (e),
(f), (h), (i), (j), (l), (n), or (o) by the record owners of land
constituting more than 50% of the total land area in the special
assessment district as finally established by the township board.
(b) For an improvement under section 2(1)(c), (g), (k), or
(m), by the record owners of land constituting more than 50% of the
total frontage upon the road, bicycle path, or sidewalk.
(4) Record owners shall be determined by the records in the
register of deeds' office as of the day of the filing of a
petition, or if written objections are filed as provided in
subsection (1), then on the day of the hearing. In determining the
sufficiency of the petition, lands not subject to special
assessment and lands within a public highway or alley shall not be
included in computing frontage or an assessment district area. A
filed petition may be supplemented as to signatures by the filing
of an additional signed copy or copies of the petition. The
validity of the signatures on a supplemental petition shall be
determined by the records as of the day of filing the supplemental
petition.
(5) After December 31, 2009, if a special assessment district
on land benefited by the improvement includes the entire township,
the question of raising money by special assessment and the amount
of the special assessment to be levied shall be approved by a
majority of electors of the township at a general election or
special election called for that purpose.