December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.
A bill to amend 1931 PA 246, entitled
"An act to provide for the construction, repair, and maintenance of
pavements, sidewalks, and elevated structures on or along public
roads and highways; to provide for the levying of taxes and of
special assessments; to authorize the borrowing of money and the
issuance of bonds; to prescribe the powers and duties of certain
state and local agencies and officers; to validate actions taken,
special assessments levied, and bonds issued; and to provide for
the lighting of certain roads, highways, and bridges,"
by amending sections 5, 8, and 19b (MCL 41.275, 41.278, and
41.289b), section 19b as amended by 1996 PA 127.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. The commissioners shall hear objections to the
proposed improvement at the time and place to be fixed by them
either at the office of the commissioners or at some suitable place
within the township in which the proposed special assessment
district
is located. : Provided, That the The holding
of such the
hearing
may be enforced by mandamus in case if the commissioners
shall
fail to hold the hearing within 60
days after the filing of
the
petition required under section 1. of this act. At this
hearing, all parties or persons interested shall be given an
opportunity to present their objections, if any, to the proposed
improvement.
Notice Before January 1,
2015, notice of this hearing
shall
be given by the commissioners by causing a notice thereof of
the hearing to be published at least once in each week for 2 weeks
in
succession in some newspaper of general circulation in such the
district,
and by posting 5 notices within the limits of such the
district , in public and conspicuous places therein. Such within
the limits of the district. Before January 1, 2015, the posting
shall be done and at least 1 publication in the newspaper shall be
made
not less than 10 days prior to such before the hearing. Such
Beginning January 1, 2015, the commissioners shall, not less than
10 days before the hearing, provide tier A public notice of the
hearing as set forth in the local government public notice act. The
notice shall set forth a description of the boundaries of the
proposed special assessment district or the several parcels of land
proposed
to be assessed on account of such the improvement and the
time and place of hearing. At this hearing, the commissioners shall
make
any changes in the specifications deemed considered advisable
without
further notice or hearing, provided such the changes do not
increase
the estimate more than 10 per cent. 10%. If they the
changes
do increase the estimate more than 10
per cent, 10%, then a
new
hearing shall be had held and notice thereof of the hearing
given
as in the first instance. original
hearing. At such the
hearing, the commissioners may alter the boundaries of the proposed
assessment
district. : Provided, however, That However, if
said the
district
is enlarged or otherwise altered so as to embrace
additional
lands, the hearing thereon after due notice shall be had
held
as hereinbefore provided in this section.
Sec.
8. On the making of the said final order, the
commissioners shall proceed to let the contract for the
construction of the proposed improvement to the lowest responsible
bidder,
said the bidder to furnish adequate security for the
performance
of the same , in a
sum to be fixed by the
commissioners. :
Provided, That no A contract shall not be let or
rolls
spread under the provisions of this act when 25 per cent 25%
or more of the total tax levied for all purposes upon real property
within
the assessment district shall have has been delinquent for 1
or
more years. The Before
January 1, 2015, the commissioners
shall
give
notice of the letting of such the
contract by publishing a
notice
thereof of the letting of
the contract in some newspaper of
general
circulation in the county , at
least once in each week for
2
weeks, and may publish notice thereof of the letting of the
contract
in other newspapers if they shall
deem consider the same
advisable.
At Before January 1, 2015,
at least 1 publication of the
notice
shall be made not less than 10 days prior to before the
date
of
the letting. They Beginning January 1, 2015, the commissioners
shall, not less than 10 days before the date of the letting of the
contract, provide tier B public notice of the letting of the
contract as set forth in the local government public notice act.
The commissioners may reserve the right to reject any and all bids.
If rejected, the same procedure for obtaining bids shall be
repeated,
or if deemed considered advisable by the commissioners,
they
shall proceed with the construction of said the proposed
improvement in the same manner and with the same authority, when
applicable,
as they have to build roads under the provisions of the
county
road law. chapter IV of 1909
PA 283, MCL 224.1 to 224.32.
After the bids have been received or as soon thereafter as
practicable, the commissioners shall enter into the necessary
contract for the construction of the proposed improvement with the
party
whose bid shall be is accepted by them and who shall have has
furnished the bonds required. The commissioners shall take such
action
as may be is necessary to commence construction of the
proposed
improvements, or cause such the
construction to be
commenced,
within 6 months, or if weather does not then permit, as
soon
thereafter as the weather does permit after making said the
final order.
Sec. 19b. (1) The township board or boards mentioned in
section 19, either on its or their own motion, or upon the filing
of a petition signed by the record owners of not less than 10% of
the number of parcels of land in the district to be lighted
described in the petitions, may order the expenses for lighting the
highways to be defrayed by a special assessment on all the taxable
lands in the territory described in the petitions or the order of
the township board. A petition under this section is not valid if a
majority of the territory described in the petition was included in
a petition filed under this section not more than 1 year earlier.
(2) A part of the expenses may be paid by the township or
townships at large and the balance assessed against the lands in
the described district.
(3) The township board or boards shall then estimate the cost
and expense of the lighting system and fix a day, time, and place
for a hearing on the question of creating a district and defraying
the
expenses of the district by special assessment. A Before
January 1, 2015, a notice stating the time, place, and purpose of
the hearing shall be published in a newspaper of general
circulation
in the district. If Before
January 1, 2015, if there is
not a newspaper of general circulation in the district, then
notices shall be posted in at least 3 of the most public places in
the
district. Notice Before
January 1, 2015, notice shall be
published or posted at least 5 days before the date of the hearing.
Beginning January 1, 2015, tier A public notice stating the time,
place, and purpose of the hearing shall be provided at least 5 days
before the hearing as set forth in the local government public
notice act.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5560 (request no.
03796'13) of the 97th Legislature is enacted into law.