HOUSE BILL No. 4507 March 13, 1997, Introduced by Reps. Kukuk, Gustafson, Rocca, Dobb, Kaza, Lowe, Sikkema, Cassis, Richner, Green, Bodem, Gernaat, London, Raczkowski, Oxender, Jaye and Perricone and referred to the Committee on Tax Policy. 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 pro- vide for assessing the whole or a part of the cost of improve- ments 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 5 and 15b (MCL 41.725 and 41.735b), section 5 as amended by 1986 PA 180. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 5. (1) If, after the hearing provided for in section 2 4, the township board desires to proceed with the improvement, 3 the township board shall approve or determine by resolution all 4 of the following: 5 (a) The completion of the improvement. 6 (b) The plans and estimate of cost as originally presented 7 or as revised, corrected, amended, or changed. 01883'97 d FDD 2 1 (c) The sufficiency of the petition for the improvement if a 2 petition is required. After this determination, the sufficiency 3 of the petition is not subject to attack except in an action 4 brought in a court of competent jurisdiction within 30 days after 5 the adoption of the resolution determiningsuchTHE sufficiency 6 OF THE PETITION. 7 (d) The special assessment district including the term of 8 the special assessment district's existence. If the nature of 9 the improvement to be made is such that a periodic redetermina- 10 tion of cost will be necessary without a change in the special 11 assessment district boundaries, the township board shallso12 state THAT in the resolution and shall set the datesupon which13suchWHEN THE redeterminations shall be made. After finally 14 determining the special assessment district, the township board 15 shall direct the supervisor to make a special assessment roll in 16 which are entered and described all the parcels of land to be 17 assessed, with the names of the respective record owners of each 18 parcel, if known, and the total amount to be assessed against 19 each parcel of land., whichFOR AN AD VALOREM SPECIAL ASSESS- 20 MENT LEVIED BEFORE JANUARY 1, 1997, THE amountshall be21 ASSESSED AND LEVIED AGAINST EACH PARCEL OF LAND IS therelative22portionPROPORTIONATE AMOUNT of the whole sum to be levied 23 against all parcels of land in the special assessment district as 24 the benefit to the parcel of land bears to the total benefit to 25 all parcels of land in the special assessment district. FOR AN 26 AD VALOREM SPECIAL ASSESSMENT LEVIED AFTER DECEMBER 31, 1996, THE 27 AMOUNT ASSESSED AND LEVIED AGAINST EACH PARCEL OF LAND IS THE 01883'97 d 3 1 PROPORTIONATE AMOUNT OF THE WHOLE SUM TO BE LEVIED AGAINST ALL 2 PARCELS OF LAND IN THE SPECIAL ASSESSMENT DISTRICT AS THE TAXABLE 3 VALUE OF THE PARCEL OF LAND BEARS TO THE TOTAL TAXABLE VALUE TO 4 ALL PARCELS OF LAND IN THE SPECIAL ASSESSMENT DISTRICT. When the 5 supervisor completes the assessment roll, the supervisor shall 6 affix TO THE ROLL his or her certificateto the roll which cer-7tificate statesSTATING that the roll was made pursuant to a 8 resolution of the township board adopted on a specified date, and 9 that in making the assessment roll the supervisor, according to 10 his or her best judgment, has conformed in all respects to the 11 directions contained in the resolution and the statutes of this 12 state. 13 (2) AS USED IN THIS SECTION AND SECTION 15B, "TAXABLE VALUE" 14 MEANS THAT VALUE DETERMINED UNDER SECTION 27A OF THE GENERAL 15 PROPERTY TAX ACT, 1893 PA 206, MCL 211.27A. 16 (3) IF THE LEVY OF AN AD VALOREM SPECIAL ASSESSMENT ON THE 17 TAXABLE VALUE OF THE PROPERTY ASSESSED IS FOUND TO BE INVALID BY 18 A COURT OF COMPETENT JURISDICTION, THE LEVY OF THE AD VALOREM 19 SPECIAL ASSESSMENT MAY BE LEVIED ON THE PROPERTY'S STATE EQUAL- 20 IZED VALUATION. 21 Sec. 15b. The township board of any township by resolution 22 may create and designate a fund to be known as the township 23 improvement revolving fund.and thereafterBEFORE JANUARY 1, 24 1997, THE TOWNSHIP BOARD may transfer tosuchTHE TOWNSHIP 25 IMPROVEMENT REVOLVING fund from the general fund of the township 26 in anyone1 year an amount not exceeding 2 mills of the state 27 equalized valuation of the real and personal property in the 01883'97 d 4 1 township andthereafterIN EACH SUBSEQUENT YEAR BEFORE JANUARY 2 1, 1997 mayeach yeartransfer from the general fund to the 3 township improvement revolving fund untilsuchTHAT fundshall4be equal toEQUALS 5 mills of the state equalized valuation of 5 the real and personal property in the township. AFTER DECEMBER 6 31, 1996, THE TOWNSHIP BOARD MAY TRANSFER TO THE TOWNSHIP 7 IMPROVEMENT REVOLVING FUND FROM THE GENERAL FUND OF THE TOWNSHIP 8 IN ANY 1 YEAR AN AMOUNT NOT EXCEEDING 2 MILLS OF THE TAXABLE 9 VALUE OF THE REAL AND PERSONAL PROPERTY IN THE TOWNSHIP AND IN 10 EACH SUBSEQUENT YEAR MAY TRANSFER FROM THE GENERAL FUND TO THE 11 TOWNSHIP IMPROVEMENT REVOLVING FUND UNTIL THAT FUND EQUALS 5 12 MILLS OF THE TAXABLE VALUE OF THE REAL AND PERSONAL PROPERTY IN 13 THE TOWNSHIP. All interest charges collectedshall becomeARE a 14 part ofsuchTHE TOWNSHIP IMPROVEMENT REVOLVING fund.and the15 THE township board may transfer FUNDS from the township improve- 16 ment revolving fund to the general fundsuch sum or sums and at17such time or times asWHEN, in the judgment of the board, FUNDS 18 should be transferred. 01883'97 d Final page. FDD