December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.
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 22, 24, and 29 (MCL 123.752, 123.754, and
123.759).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
22. The board of public works shall cause to be prepared
by
have a registered engineer , prepare plans
showing the project
and
an estimate of the cost thereof. of the project. Upon receipt
of
such the plans and estimate, the board of public works
shall
order
the same plans and
estimate to be filed with the director
of
public
works, and if it shall desire the board of public works
desires
to proceed with the said project,
it the board of public
works shall by resolution tentatively so declare and also
tentatively designate the special assessment district against which
the
cost of the project is to be assessed. The Before January 1,
2015,
the board of public works shall then
fix a time and place
when and where it will meet and hear any objections to the
improvement
and to the special assessment district, therefor, and
shall cause notice of the hearing to be given by the publication
thereof
twice prior to before the
hearing in a newspaper
circulating in the special assessment district, the first
publication
to be at least 10 days prior to before
the time of the
hearing. Beginning January 1, 2015, the board of public works shall
fix a time and place when and where it will meet and hear any
objections to the improvement and to the special assessment
district, and shall, at least 10 days before the time of the
hearing, provide tier A public notice of the hearing as set forth
in the local government public notice act. Notice of the hearing
shall also be given by the board of public works to property owners
in the special assessment district as provided under 1962 PA 162,
MCL 211.741 to 211.746. The notice shall state that the plans and
estimate are on file with the director of public works for public
examination and shall contain a description of the proposed special
assessment district. At the time of the hearing, or at any
adjournment
thereof which of the
hearing that may be without
further notice, the board of public works shall hear any objections
to the improvement and to the special assessment district. The
board of public works may revise, correct, amend, or change the
plans,
the estimate of cost, or the special assessment district. No
final
Final action shall not be taken in respect to
the addition of
any property to the district or to increasing the estimated cost in
excess
of 10% of the original estimate , until
after a new hearing
upon
notice given as above provided
in this section.
Sec.
24. When If any special assessment roll shall have been
is
made, the same special assessment roll shall be filed in the
office of the director of public works. Before January 1, 2015,
before confirming the assessment roll, the board of public works
shall
fix a time and place when it will meet and review the same
assessment
roll and hear any objections thereto,
to the assessment
roll, and shall cause notice of the hearing and of the filing of
the
assessment roll , to be
published twice prior to before
the
hearing in a newspaper circulating in the special assessment
district, the first publication to be at least 10 days before the
hearing. Beginning January 1, 2015, before confirming the
assessment roll, the board of public works shall fix a time and
place when and where it will meet and review the assessment roll
and hear any objections to the assessment roll, and shall, at least
10 days before the hearing, provide tier A public notice of the
hearing as set forth in the local government public notice act.
Notice of the hearing shall also be given by the board of public
works to property owners in the special assessment district as
provided under 1962 PA 162, MCL 211.741 to 211.746. The hearing may
be adjourned from time to time without further notice. Any person
objecting to the assessment roll shall file his or her objection
thereto
to the assessment roll in writing with the director of
public works before the close of the hearing or within such further
time as the board may grant. After the hearing, the board of public
works may confirm the special assessment roll as reported to it or
corrected by it, or may refer it back for revision, or may annul it
and direct a new roll to be made. When a special assessment roll
shall
have been is confirmed, the secretary of the board shall
indorse
thereon on the special
assessment roll the date of
confirmation. After the confirmation, the special assessment roll
and
all assessments thereon on
the special assessment roll shall be
final and conclusive unless attacked in a court of competent
jurisdiction within 30 days after the date of confirmation.
Sec.
29. Should If any parcel of land be is divided
after a
special
assessment thereon on the
parcel of land has been
confirmed,
and before the collection thereof, of the special
assessment, the board of public works may require the director of
public works to apportion the uncollected amounts between the
several divisions thereof, and the report of the apportionment when
confirmed by the board shall be conclusive upon all parties. If the
interested parties do not agree in writing to the apportionment,
then, before the confirmation, notice of hearing shall be given to
all
the interested parties , either by personal service or by
publication
as above provided in case of
an original special
assessment roll.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 5560 of the 97th Legislature is enacted into
law.