December 2, 2014, Introduced by Rep. VerHeulen and referred to the Committee on Local Government.
A bill to amend 1915 PA 59, entitled
"An act to provide for the construction, improvement and
maintenance of highways; for the levying, spreading and collecting
of taxes and of special assessments therefor; to authorize the
borrowing of money and the issuance of bonds under certain
restrictions, regulations and limitations; to prescribe the powers
and duties of certain officers with reference thereto; and to
validate certain proceedings heretofore taken,"
by amending sections 18 and 61 (MCL 247.418 and 247.461).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 18. On the completion of the roll, apportioning the per
cent of benefits to be paid by the respective parties and
municipalities, the county road commissioners or the state highway
commissioner shall give notice of a review of the roll by
advertising
and posting. , of a review of said roll. Notice Until
January
1, 2015, notice of such the hearing
shall be given by
publishing
a notice thereof, of the
hearing by at least 2
insertions
in some a newspaper published and of general circulation
in
the county, if there is one, . Such notice shall be so published
at least once not less than 10 days prior to the hearing. If there
is
no such newspaper within the county, then the publishing of such
the
notice will is not
be necessary. The Until
January 1, 2015, the
county road commissioners or the state highway commissioner shall
also
give notice of such the hearing by posting notices thereof of
the hearing in 5 conspicuous and public places in each township
where
the special assessment district is located , within the
limits
of said the special
assessment district at least 10 days
prior
to such the hearing,
. They and shall
also serve notice of
such
the hearing upon each township or city to be assessed,
and
upon
the county , in case if the same township or city to be
assessed is operating under the county road system, at least 10
days
prior to such the hearing. Such The notice may be served
upon
the clerks of the county or townships, respectively, as notice to
such
the county or townships. Beginning January 1, 2015, notice of
a hearing under this section shall be given using tier B public
notice as provided in the local government public notice act.
Sec. 61. (1) If a county road commissioner is interested in
the improvement of a highway, or is for any reason disqualified to
act on the improvement of a highway, then the remaining county road
commissioner
or commissioners , shall
proceed with the work. The
action of the county road commissioner or commissioners not
interested shall be valid and effective. If a county road
commissioner is disqualified to act upon a proposed improvement,
the
facts that fact shall be entered upon the records of the county
road commissioners. If all of the members of the board of county
road commissioners are disqualified for any reason from acting on
an application, a special road commissioner may be appointed by the
probate
judge. of probate. If a
disqualification of all of the
members
of the board of county road commissioners is made, are
disqualified, the board of county road commissioners to whom a
petition
is addressed immediately shall immediately
transmit the
petition
to the probate judge of probate with a certified statement
as
to the fact of the disqualification, or the petition , in the
first
instance, may be submitted to the probate judge
of probate
accompanied by a certified statement of an elector of the county as
to the fact of disqualification, with a request that a special road
commissioner be appointed for the purposes of the application.
(2)
The probate judge of probate shall then appoint a
day for
hearing
on the question of making the appointment. Due Before
January 1, 2015, notice of the hearing shall be printed in a
newspaper of general circulation in the county, or counties, in
which the special assessment district is located, not less than 10
days before the day of hearing. Beginning January 1, 2015, notice
of the hearing shall be given using tier B public notice as
provided in the local government public notice act. The publication
shall
be all the only notice required as to the hearing. On the
appointed day, or on a subsequent day to which adjournment is made,
the
probate judge of probate shall determine whether or
not all the
members of the board of county road commissioners are in fact
disqualified.
If the probate judge finds that to be the case, the
judge
immediately he or she shall immediately
appoint a special
road commissioner, invested with all the rights, powers, duties,
and obligations granted to or conferred upon the board of county
road commissioners by this act for the purposes of the application
for the improvement of a highway under this act.
(3)
If it is found on the
probate judge finds at the hearing ,
that all the members of the board of county road commissioners are
not
in fact disqualified to act, the probate
judge of probate shall
certify
accordingly that all the
members of the board of county
road commissioners are not in fact disqualified to act and
immediately
shall immediately transmit the application to the board
of county road commissioners, and the board or the members of the
board
who are not disqualified , shall proceed as provided in this
act.
(4) As determined by the county board of commissioners, a
special
road commissioner appointed in accordance with under this
section ,
either shall be covered by a
blanket bond or shall be
required to give a bond in a reasonable amount and with sureties as
directed
and approved by the sureties the probate judge. of
probate
directs
and approves. The special
commissioner shall receive
compensation for time actually expended by him or her, added to his
or her reasonable expenses, out of the funds of the special
assessment district as fixed by the county board of commissioners
or
by the board of county auditors , in a
county having that a
board of county auditors.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 5560 of the 97th Legislature is enacted into
law.