April 1, 2009, Introduced by Reps. Horn, Booher, Stamas, Moore, Caul and Terry Brown and referred to the Committee on Intergovernmental and Regional Affairs.
A bill to authorize certain local units of government to levy
a special assessment on certain parcels of property for certain
purposes; to authorize the issuance of special assessment bonds in
anticipation of the collection of special assessments; and to
prescribe certain duties of certain local officials.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "local
government special assessment act".
Sec. 3. As used in this act:
(a) "Local unit of government" means a county, township, city,
or village.
(b) "Governing body" means the legislative body of a county,
township, city, or village.
(c) "Public safety" includes, but is not limited to, police
and fire services.
Sec. 5. The governing body of a local unit of government may
by resolution propose 1 or more of the following:
(a) That the cost of constructing, maintaining, and operating
a community center within the local unit of government be defrayed
by special assessment levied in an equal amount on each individual
parcel of property in the local unit of government, except property
exempt from the collection of taxes under the general property tax
act, 1893 PA 206, MCL 211.1 to 211.155, and not on an ad valorem
basis.
(b) That the cost of providing public safety services within
the local unit of government be defrayed by special assessment
levied in an equal amount on each individual parcel of property in
the local unit of government, except property exempt from the
collection of taxes under the general property tax act, 1893 PA
206, MCL 211.1 to 211.155, and not on an ad valorem basis.
Sec. 7. (1) If a resolution proposing a special assessment is
adopted under section 5, the governing body of the local unit of
government shall estimate the cost and fix a day for a hearing on
the estimate and on the question of levying a special assessment in
an equal amount on each individual parcel of property in the local
unit of government, except property exempt from the collection of
taxes under the general property tax act, 1893 PA 206, MCL 211.1 to
211.155.
(2) The hearing shall be a public meeting held in compliance
with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
Public notice of the time, date, and place of the meeting shall be
given in the manner required by the open meetings act, 1976 PA 267,
MCL 15.261 to 15.275. In addition, the local unit of government
shall publish in a newspaper of general circulation in the local
unit of government a notice stating the time, place, and purpose of
the meeting. If there is not a newspaper of general circulation in
the local unit of government, notices shall be posted in not less
than 3 of the most public places in the local unit of government.
This notice shall be published or posted not less than 5 days
before the hearing.
(3) On the day appointed for the hearing, the governing body
of the local unit of government shall be in session to hear
objections that may be offered against the estimate and the levy of
the special assessment.
Sec. 9. If a resolution proposing a special assessment is
adopted under section 5, the question of raising money by special
assessment shall be submitted to the qualified electors of the
local unit of government at a general election or special election
called for that purpose by the governing body.
Sec. 11. If a resolution proposing a special assessment is
approved under section 5 and approved by the qualified electors in
the local unit of government under section 9, the governing body of
the local unit of government may borrow money and issue the bonds
of the local unit of government in anticipation of the collection
of a special assessment. Bonds issued under this section shall not
exceed the amount of the special assessment in anticipation of the
collection of which they are issued. The issuance of bonds under
this section is subject to the revised municipal finance act, 2001
PA 34, MCL 141.2101 to 141.2821.