Bill Text: MI HB4370 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Townships; public services; townships to create special assessment districts for private utility services; allow. Amends sec. 3 of 1954 PA 188 (MCL 41.723). TIE BAR WITH: HB 4359'17, HB 4371'17
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-21 - Bill Electronically Reproduced 03/16/2017 [HB4370 Detail]
Download: Michigan-2017-HB4370-Introduced.html
HOUSE BILL No. 4370
March 16, 2017, Introduced by Reps. Sowerby, Marino, Lucido, Farrington, Hornberger, Yanez, Green, Hertel and Chirkun and referred to the Committee on Local Government.
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 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), or (q),
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), or (q),
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 must
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 must be
determined by the records as of the day of filing the supplemental
petition.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 99th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4371 (request no.
02129'17).
(b) Senate Bill No.____ or House Bill No. 4359 (request no.
02171'17).
