HOUSE BILL No. 5971

 

March 18, 2010, Introduced by Reps. Pavlov, DeShazor, Elsenheimer, Kowall, Stamas, Walsh, Marleau, Horn, Rick Jones and Crawford and referred to the Committee on Tax Policy.

 

     A bill to amend 1923 PA 116, entitled

 

"Township and village public improvement and public service act,"

 

by amending section 2 (MCL 41.412), as amended by 1989 PA 82.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. (1) Upon Subject to the provisions of subsection (2),

 

upon the filing of petitions verified both as to signature and

 

ownership, signed by record owners of land to be made into a

 

special assessment district in which an improvement or service

 

specified in section 1 is desired by the owners of the land, the

 

township board may construct and maintain the improvement or

 

provide the service, determine the cost of the improvement or

 

service, and create, define, and establish a special assessment

 

district within all or within and comprising not less than 80% of

 


the area. The cost of the improvement or service shall be levied

 

upon the district. However, the record owners of not less than 51%

 

of the land actually created into the special assessment district

 

by the township board must have signed the petitions. A district

 

established and assessed may be enlarged through a petition,

 

circulated and signed as required for an original district, but

 

covering only the area to be added to create the enlarged district.

 

Benefits of an improvement or service may be extended to the added

 

part, and the entire enlarged district may, subject to the

 

provisions of subsection (2), be assessed for the improvement or

 

service, as provided for an original district. If a service has

 

been instituted and no assessment bonds for the service are

 

outstanding, the service may be discontinued upon petition by

 

owners of 51% of the lands.

 

     (2) After December 31, 2009, if a special assessment district

 

on land benefited by the improvement or service 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.