HOUSE BILL No. 5969

 

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.