Bill Text: MI HB6340 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Townships: other; public notice involving the construction, repair, or maintenance of pavements, sidewalks, and elevated structures; revise to make reference to the local government public notice act. Amends secs. 5, 8 & 19b of 1931 PA 246 (MCL 41.275 et seq.). TIE BAR WITH: HB 6440'20
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-11-18 - Bill Electronically Reproduced 11/18/2020 [HB6340 Detail]
Download: Michigan-2019-HB6340-Introduced.html
HOUSE BILL NO. 6340
November 12, 2020, Introduced by Rep. Steven
Johnson and referred to the Committee on Government Operations.
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 must be given an opportunity to present their objections, if any, to the proposed improvement. Notice Before January 1, 2022, notice of this hearing shall must 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, 2022, the posting shall must be done and at least 1 publication in the newspaper shall must be made not less than 10 days prior to such before the hearing. Such Beginning January 1, 2022, the commissioners shall, not less than 10 days before the hearing, post public notice of the hearing as set forth in the local government public notice act. The notice shall must 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 must 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 must 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 must 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, 2022, 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 the commissioners consider the same advisable. At Before January 1, 2022, at least 1 publication of the notice shall must be made not less than 10 days prior to before the date of the letting. They Beginning January 1, 2022, the commissioners shall, not less than 10 days before the date of the letting of the contract, post 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 must 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, 2022, a notice stating the time, place, and purpose of the hearing shall must be published in a newspaper of general circulation in the district. If Before January 1, 2022, if there is not a newspaper of general circulation in the district, then notices shall must be posted in at least 3 of the most public places in the district. Notice shall Before January 1, 2022, notice must be published or posted at least 5 days before the date of the hearing. Beginning January 1, 2022, at least 5 days before the date of the hearing, public notice stating the time, place, and purpose of the hearing must be posted 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. 6440 (request no. 02449'19) of the 100th Legislature is enacted into law.
