Bill Text: MI HB6386 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Counties: boards and commissions; public notice involving a county board of public works; revise to make reference to the local government public notice act. Amends secs. 22, 24 & 29 of 1957 PA 185 (MCL 123.752 et seq.). TIE BAR WITH: HB 6440'20
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-11-18 - Bill Electronically Reproduced 11/18/2020 [HB6386 Detail]
Download: Michigan-2019-HB6386-Introduced.html
HOUSE BILL NO. 6386
November 12, 2020, Introduced by Reps. Coleman
and Steven Johnson and referred to the Committee on Government Operations.
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, 2022, 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, 2022, 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, post public notice of the hearing as set forth in the local government public notice act. Notice of the hearing must 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 must state that the plans and estimate are on file with the director of public works for public examination and shall must 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 must 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 shall special assessment roll must be filed in the office of the director of public works. Before January 1, 2022, 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, 2022, before confirming the assessment roll, the board of public works shall fix a time and place when 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, post public notice of the hearing as set forth in the local government public notice act. Notice of the hearing must 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 shall be on the special assessment roll are 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 is conclusive upon all parties. If the interested parties do not agree in writing to the apportionment, then, before the confirmation, notice of hearing shall must 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 Senate Bill No.____ or House Bill No. 6440 (request no. 02449'19) of the 100th Legislature is enacted into law.
