November 9, 2006, Introduced by Senators JOHNSON and KUIPERS and referred to the Committee on Transportation.
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 1 and 1a (MCL 41.271 and 41.271a).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1. Whenever the owners of more than
51% 75% of
the
lineal frontage of lands outside of the corporate limits of any
city or village fronting or touching upon any public highway or
portion thereof
of the public highway, desire a pavement or
sidewalks
built thereon on the public highway, they
may file an
application
for such the
improvement with the county road
commissioners
of the county in which such the
pavement or
sidewalk is proposed to be built. No application for the paving of
any
highway, or portion thereof of the highway, shall be
considered
unless at least 75% of the lands fronting thereon the
highway have been subdivided into parcels having a frontage of not
more
than 300 feet each on such the
highway or there shall be an
average of at least 1 building, including buildings under
construction,
located along the portion of such the
highway
proposed
to be paved for every 300 lineal feet
thereof of the
public highway, according to a survey thereof to be made by the
commissioners.
The eligibility of signers to any application
hereby
authorized may be determined by their interest of record in
the office of the register of deeds or in the probate court of the
county
in which such the
lands are situated at the time the
petition is presented or by other satisfactory proof of interest
presented
to the commissioners. Such The
petition shall be
accompanied by a description of the land fronting or touching on
the highway owned by each signer and by a certificate of the county
treasurer, showing the taxes or special assessments, if any,
against
such lands which appear delinquent on his or her books. ;
no
No name of any signer on the petition shall be
considered valid
whose land fronting or touching on the highways shows delinquent
assessments
or taxes on such certificate. Any petition so
received by the commissioners or presented to them under the
provisions
of this act , shall be deemed to confer full authority
to
cause such work to be done in order that the proper proportion
of
the expense thereof may be met accordingly. The
commissioners
shall
have all the power of laying out and establishing all such
pavements
or sidewalks. The words
(2) As
used in this act, "highway"
or "public highway" as
used
in this act mean means any road, street, or alley taken over
by and under the jurisdiction of the board of county road
commissioners.
Sec. 1a. (1) Any township board, by resolution, may make
application to the board of county road commissioners for the
improvement of a county road or portion thereof located within the
township. The resolution when received and accepted by the county
road commissioners shall confer the same authority to cause an
improvement to be made and benefits assessed as if a petition were
filed in accordance with the provisions of section 1. The petition
shall not be considered unless it complies with the subdivision and
building requirements set forth in section 1 relating to
applications by property owners. Additionally, unless the owners of
more than 75% of the lineal frontage of lands concur in writing
with the township board, the petition shall not be considered.
(2) A declaration of necessity shall be made by resolution of
the board of county road commissioners who shall thereafter hold a
public hearing at the township hall upon the declaration of
necessity in the same manner as if an application had been filed by
property owners as set forth in section 1. After the date of the
public hearing on the declaration of necessity, the property owners
of 51% or more of the lineal frontage along the proposed
improvement
may submit within no
later than 45 days after the
public hearing a petition to the board of county road commissioners
requesting that the project be discontinued. The project shall be
discontinued if, upon examination, the owners of 51% or more of the
lineal frontage along the improvement have signed the petition. If
no
petition is filed within no
later than 45 days after the
public hearing, the project shall proceed in the same manner as if
inaugurated by property owners.