Bill Text: MI HB4815 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Property tax; special assessments; criteria for a special assessment to eradicate aquatic plants; revise. Amends secs. 3 & 5 of 1954 PA 188 (MCL 41.723 & 41.725).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-04-22 - Printed Bill Filed 04/22/2009 [HB4815 Detail]

Download: Michigan-2009-HB4815-Introduced.html

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HOUSE BILL No. 4815

 

April 21, 2009, Introduced by Rep. Calley and referred to the Committee on Intergovernmental and Regional Affairs.

 

     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 sections 3 and 5 (MCL 41.723 and 41.725), section 3 as

 

amended by 1995 PA 139 and section 5 as amended by 1998 PA 544.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3. (1) 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.

 

     (c) For an improvement under section 2(1)(l), by 20% of the

 

record owners of all individual parcels of property with deeded

 

access to the lake, pond, river, stream, lagoon, or other body of

 

water.

 

     (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), (l), or

 

(m), by the record owners of land constituting more than 50% of the

 

total frontage upon the road, bicycle path, or sidewalk.

 

     (c) For an improvement under section 2(1)(l), by 50% of the

 

record owners of all individual parcels of property with deeded

 

access to the lake, pond, river, stream, lagoon, or other body of

 

water.

 

     (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.

 

     Sec. 5. (1) If, after the hearing provided for in section 4,

 

the township board desires to proceed with the improvement, the

 

township board shall approve or determine by resolution all of the

 

following:

 

     (a) The completion of the improvement.

 

     (b) The plans and estimate of cost as originally presented or

 

as revised, corrected, amended, or changed.

 

     (c) The sufficiency of the petition for the improvement if a

 

petition is required. After this determination, the sufficiency of

 

the petition is not subject to attack except in an action brought

 

in a court of competent jurisdiction within 30 days after the

 

adoption of the resolution determining the sufficiency of the

 

petition.

 

     (d) The special assessment district including the term of the

 

special assessment district's existence. If the nature of the

 

improvement to be made is such that a periodic redetermination of

 

cost will be necessary without a change in the special assessment

 

district boundaries, the township board shall state that in the

 

resolution and shall set the dates when the redeterminations shall

 

be made. After finally determining the special assessment district,

 

the township board shall direct the supervisor to make a special

 

assessment roll in which are entered and described all the parcels

 

of land to be assessed, with the names of the respective record

 

owners of each parcel, if known, and the total amount to be

 

assessed against each parcel of land, which amount shall be the

 

relative portion of the whole sum to be levied against all parcels

 

of land in the special assessment district as the benefit to the

 

parcel of land bears to the total benefit to all parcels of land in

 

the special assessment district. A special assessment for an

 

improvement under section 2(1)(l) shall be calculated on a per-

 

parcel basis by multiplying the total expense of the eradication or

 

control of aquatic weeds and plants by a fraction, the numerator of

 

which is 1 and the denominator of which is the number of all

 

individual parcels of property with deeded access to the lake,

 

pond, river, stream, lagoon, or other body of water. When the

 

supervisor completes the assessment roll, the supervisor shall

 

affix to the roll his or her certificate stating that the roll was

 

made pursuant to a resolution of the township board adopted on a

 

specified date, and that in making the assessment roll the

 

supervisor, according to his or her best judgment, has conformed in

 

all respects to the directions contained in the resolution and the

 

statutes of this state.

 

     (2) After December 31, 1998, an ad valorem special assessment

 

levied under this act shall be levied on the taxable value of the

 

property assessed.

 

     (3) If the levy of an ad valorem special assessment on the

 

property's taxable value is found to be invalid by a court of

 

competent jurisdiction, the levy of the ad valorem special

 

assessment shall be levied on the property's state equalized value

 

valuation.

 

     (4) As used in this section and section 15b, "taxable value"

 

means that value determined under section 27a of the general

 

property tax act, 1893 PA 206, MCL 211.27a.