Proceedings Under Public Act 246 of 1931

PROCEEDINGS UNDER PUBLIC ACT 246 OF 1931 (MCL 41.271-290)

1. Landowner (Section 1):

 Requires landowners of more than 51% of the lineal frontage of lands outside of corporate limits of any city or village fronting or touching upon any public highway or portion thereof who desire a pavement built thereon to file an application for such improvement with the County Road Commissioners (“CRC”) of the county in which such pavement or sidewalk is proposed to be built. 1. Petitioners for the construction of any improvement under the provisions of this act shall be jointly and severally liable for the costs and expense of proceedings had, but not for any portion of the construction of the improvement, in case the proceedings therefor shall be dismissed for any cause where the CRC have incurred expense because of such petition (Section 6).  The application will not be considered unless at least 75% of the lands fronting thereon have been subdivided into parcels having a frontage of not more than 300 feet each on such highway or there is an average of at least one building, including buildings under construction, located along the portion of such highway proposed to be paved for every 300 lineal feet thereof. 1. Petition should be accompanied by proof of interest in land, a description of the land fronting or touching the highway owned by each signer, and by a certificate of the county treasurer showing taxes or assessments against lands which appear delinquent on the books. Any signer whose land shows delinquent assessments or taxes on the land shall not be considered on the petition.

2. Township Board (Section 1a):

 Any township board, by resolution, may make application to the CRC for improvement of a county road or portion thereof located within that township.  The petition must comply with the subdivision and building requirements set forth in section 1 relating to applications by landowners.

3. Upon receipt of resolution/petition, CRC should acknowledge same in its agenda/minutes and refer same to the Managing Director. Petition should set forth work requested and land involved. See Attachment A.

Managing Director verifies that:  At least 75% of lands fronting on roadway covered in resolution/petition have been subdivided into parcels having a frontage of not more than 300 lineal feet thereof (Section 1a and 1).  Resolution must describe land fronting or touching the roadway and it would be helpful if it showed ownership.

4. Managing Director reports to CRC on validity of resolution/petition. The CRC proceeds to examine the location of the requested improvement (Section 2). If the CRC determines, by resolution at a CRC meeting (no public hearing required at this point), that the proposed improvement is necessary, then the CRC makes a Declaration of Necessity (Section 1a). See Attachment B. The CRC sets public hearing on same, as required (Section 1a).

 NOTICE: published once each week for two (2) weeks in succession in newspaper of general circulation in special assessment district. Notice to be posted in (5) five public and conspicuous places within special assessment district AND a mailing (MCL § 211.743) sent to all landowners in the district. Posting of Notice and at least one publication shall be made not less than 10 days before hearing. Notice to describe land involved and work requested (Section 5). See Attachment C.

5. Public Hearing on Declaration of Necessity is held at the Township Hall (Section 1a). For proposed minutes/resolution of Public Hearing on Declaration of Necessity, see Attachment D. At the Public Hearing on the Declaration of Necessity, the CRC should:

 Review the petition process, advise on the inspection of the location, and report their findings and recommendations.  Open the meeting to public comment.

6. The CRC shall allow 45 days for landowners involved to submit a petition to discontinue project. Petition must be signed by the property owners owning 51% or more of the lineal frontage along the roadway involved in the project. If petition objecting to requested improvements is submitted, verification of proper ownership and of proper lineal frontage must be made. If petition objecting to requested improvements is valid, project is discontinued. If no petition objecting to requested improvements is submitted, project proceeds in regular fashion (Section 1a). See Attachment E for minutes/resolution to discontinue project.1

7. If no valid petition objecting to requested improvements is filed, the CRC causes plans and specifications for project to be made, surveys made establishing grades, cost estimates made, all filed by registered engineer (Section 4).

1 If the proceedings are dismissed for any cause, the petitioners shall be jointly and severally liable for the costs and expenses incurred by the CRC, except for any portion of construction of the improvement (Section 6). 8. If the CRC is still of the opinion that the improvement is necessary for the benefit of the public and the benefit of the public welfare and convenience, the CRC internally and without a public meeting proceeds to make its First Order of Determination and the plans, specifications, and the Special Assessment District (“SAD”) are attached thereto (Section 4). See Attachment F for minutes/resolution of First Order of Determination. The plans, specifications, and the SAD are not final and may be changed at any time before Final Order of Determination but not after the Hearing of Objections, hereinafter provided for, except after due notice and a hearing thereon (Section 4).2

9. Public Hearing on Objections is held (Section 5).

 This hearing must be held within 60 days after the filing of the petition. This hearing may be held at the CRC offices or another suitable place in the township where the SAD is located (Section 5).  NOTICE: published once each week for two (2) weeks in succession in newspaper of general circulation in special assessment district. Notice to be posted in (5) five public and conspicuous places within special assessment district AND a mailing (MCL § 211.743) sent to all landowners in the district. Posting of Notice and at least one publication shall be made not less than 10 days before hearing. Notice shall include the SAD boundaries or the parcels of land to be assessed and the time and place of the hearing (Section 5). See Attachment G for Notice of Hearing on Resolution/Petition for Highway Improvement.  At this hearing, changes in the specifications which are deemed advisable may be made so long as they do not increase the cost estimate by more than 10%. If costs increase by more than 10%, a new hearing shall be held (Section 5).  At this hearing, the CRC may alter the boundaries of the proposed assessment district: provided, however, that if the district is enlarged, an additional hearing must be conducted after due notice, as provided in the Act (Section 5).  At this hearing, the CRC shall make the final determination of the special assessment district to be assessed for benefits and the number of annual installments (not to exceed 10) over which the assessment is to be spread. This shall be announced at the conclusion of the meeting (Section 9).  At this hearing, the CRC shall make the final apportionment of benefits and the percentage of costs to be borne between the CRC, landowners and the Township (not to exceed 25%). The apportionment is on the basis of benefits received (Section 10).

2 Provided, however, that whenever the proposed improvement is located on a state trunk line, no hearing as above referred to shall be held unless the state highway commissioner shall have been furnished with a written determination of necessity signed by the county road commissioners and a complete file of the plans and specifications, and the approval of the state highway commissioner as to determination, plans and specifications has been obtained (Section 4).  See Attachment H for minutes/resolution of Public Hearing Regarding Highway Improvement.

10. Within 30 days after Hearing on Objections, the CRC makes its Final Order of Determination (Section 7). Project is to be done in accordance with final specifications, a copy to be attached to the Final Order. See Attachment I for minutes/resolution of Final Order of Determination

 See Attachment J for Resolution of Collection of Assessments that CRC provides to township assessor after Final Order of Determination.

11. After making the Final Order of Determination, the CRC proceeds to let contracts for the improvements to the lowest responsible bidder (Section 8).

 Notice is given by publication in a newspaper in general circulation in the county at least once a week for (2) weeks. At least one publication shall be made at least 10 days prior to the date of letting.  Bidder must furnish adequate security in a sum fixed by CRC. No contract shall be let or rolls spread when 25% or more of the total tax levied for all purposes on the real property in the SAD shall have been delinquent for one or more years (Section 8).  The CRC reserves the right to reject all bids and if rejected, same procedure is followed above for obtaining bids or, if CRC deems advisable, they shall proceed with construction with same authority they have to build roads under the provisions of the county road law (Section 8).  The CRC enters into necessary contracts after bids have been received (prevailing bidder must furnish bonds as required) and the CRC shall take action necessary to commence construction of the improvements within six months, or if weather does not then permit, as soon thereafter if weather does permit, after making the Final Order (Section 8).

12. Maintenance and Repair (Section 12):  After the improvement is completed, the highway authorities having jurisdiction over the highway involved shall maintain and repair the pavement and keep it in a reasonably safe condition for public travel, using for this purpose any money which may be available for the maintenance and repair of said highway (Section 12).  Surplus money from the improvement project shall be turned over to the highway authorities having the responsibilities for maintaining and repairing the improvement (Section 12).

13. Bonds/Funding/Full Faith and Credit (Sections 13a, 14 and 15):

 The CRC may issue and sell bonds and pledge the full faith and credit of the assessment district for the full payment of the bonds (Section 13a).  The township board of any township in which the SAD is created, by resolution, may pledge the full faith and credit of the township for the payment of bonds issued on that SAD (Section 13a).  Sections 14 and 15 discuss funding aspects related to improvements.

14. Miscellaneous Provisions:

 Section 3 states that all bridges, roads, drains, drain structures, curbing, culverts and any additional right of way required shall be deemed a necessary part of the proposed improvement in the cost and expenses thereof shall be included in the special assessment role for such improvement.  Section 11 addresses the creation of indebtedness and approval by township boards.  Section 13 states that the provisions of MCL § 247.418 through 247.481 concerning the construction, improvement, maintenance of highways, and procedures regarding the preparation of tax rolls apply to the same class of improvements made under Public Act 246.  Section 16 gives the CRC discretion to designate by resolution a hearing examiner or examiners to hold hearings that may be required under the Act and procedures related thereto.  Section 17 validates actions taken, assessments levied and bonds issued under the Act.  Sections 18 – 19d allow township boards/supervisors to take a variety of actions such as installing, repairing and maintaining sidewalks, purchasing street cleaning or snow removal equipment, provide for lighting by artificial means of roads, highways and bridges.  Section 20 addresses the lighting of county roads and highways, expenses and contracts related thereto and the like. ATTACHMENT A ACCEPT RESOLUTION/PETITION

It is hereby acknowledged by this Commission that on a certified copy of a resolution adopted by the Township Board of Township,

Kalamazoo County, Michigan/landowner petition for improvements, on

was filed requesting certain highway improvement construction in accordance with the provisions of Section 1a/1 of Act 246 of the

Public Acts of 1931, as amended, all as is more particularly described in said resolution/petition. Upon motion made by Commissioner , and supported, it was moved that said resolution/petition be referred to the

Managing Director for verification that the resolution/petition meets the requirements and specifications as spelled out in said Act 246 and, in particular,

Section 1a/1 of said Act. Motion carried. ATTACHMENT B DECLARATION OF NECESSITY (INTERNAL CRC MINUTES/RESOLUTION)

[KCRC TO INSERT MEETING MINUTES HERE]

Upon motion made by Commissioner , and supported to adopt the following resolution:

“WHEREAS, a certified copy of a resolution of the Township Board of

Township, Kalamazoo County, Michigan/landowner petition for improvements, was filed with this Commission on , said resolution/petition requesting certain highway improvements over the following described area:

(Describe property involved in improvement project) said resolution/petition being filed and submitted in accordance with the provisions of

Act 246 of the Public Acts of Michigan of 1931, as amended, and

WHEREAS, this Commission has caused the validity as said resolution/petition to be verified, as is required in Section 1a/1 of said Act 246, as amended, this Commission having also determined that said resolution/petition meets the requirements and specifications as spelled out in said Act; and

“WHEREAS, said Section 1a/1 of said Act requires this Commission to make a declaration of necessity; Now, THEREFORE, BE IT HEREBY RESOLVED, that this Commission, in accordance with the provisions of Act 246 of the Public Acts of

Michigan of 1931, as amended, hereby declares that proposed improvement is necessary for the benefit of the public and the benefit of the public welfare and convenience.

“ IT IS FURTHER RESOLVED, that a public hearing upon this declaration of necessity shall be held in the Township Hall of Township, Kalamazoo

County, Michigan, at on

the day of 20 , at o’clock , for the purpose of providing the property owners affected by this proposed improvement project to object to same and file their objection, in accordance with Section 1a/1 of said

Act 246

“BE IT FURTHER RESOLVED, that Notice of this public meeting shall be given by publication, posting and mailing, as is provided in said Act for notices on hearings.”

Motion carried.

Additionally, upon motion by Commissioner , and supported that the Managing Director shall proceed to take such other and further steps for the planning and laying out of said project as are called for under said Act and, in particular,

Section 2 of said Act. Motion carried.

BOARD OF COUNTY ROAD COMMISSIONERS OF KALAMAZOO COUNTY, MICHIGAN By

ATTACHMENT C NOTICE OF HEARING ON RESOLUTION/PETITION FOR HIGHWAY IMPROVEMENT

A certified copy of a resolution of the Township Board of Township,

Kalamazoo County, Michigan, which was filed with the Board of County Road

Commissioners of Kalamazoo County, Michigan/landowner petition for improvements, has been received and accepted, said resolution/petition requesting certain highway improvements over a described area, the requested improvements and the district included within the resolution/petition requesting improvement being described as:

(Describe work requested and land involved-take from resolution/petition)

The Board of County Road Commissioners of Kalamazoo County, Michigan, having received the resolution/petition, determined its legality and declared the improvement as necessary NOW, THEREFORE,

Notice, is hereby given that a PUBLIC HEARING upon said Declaration of Necessity will be held in the Township Hall of Township, Kalamazoo County,

Michigan, at on , the day of

, 20 , at o’clock m., for the purpose of giving all persons interested an opportunity to appear and state their reasons for or against said Declaration of Necessity.

Dated this day

Of , 20 .

ATTACHMENT D MINUTES/RESOLUTION OF PUBLIC HEARING ON NECESSITY

Upon motion duly made by Commissioner , and supported to adopt the following resolution:

“ WHEREAS a resolution/petition was duly filed with this Commission, under the provisions of Act 246 of the Public Acts of Michigan of 1931, as amended, on by the Township Board of Township, Kalamazoo County, Michigan, requesting certain highway improvements over the following described area:

(Describe property involved in improvement project) and,

“WHEREAS this Board, pursuant to the provisions of said Act, scheduled this date for a public hearing on its Determination of Necessity for said project as specified in the

Notice of the public meeting, which said Notice has been duly given, and the said public meeting was duly held on ,the day of ,

20 , at o’clock in m. at the Township Hall of

Township, located at .

NOW, THEREFORE, BE IT HEREBY RESOLVED that this Commission is still of the opinion that said improvement project is necessary and would be for the benefit of the public welfare and convenience and that this Commission shall proceed with approval of this project and establishment of a special assessment district for same, in accordance with the provisions of said Act.

Motion carried.

BOARD OF COUNTY ROAD COMMISSIONERS OF KALAMAZOO COUNTY, MICHIGAN By ATTACHMENT E MINUTES/RESOLUTION TO DISCONTINUE PROJECT

“WHEREAS, a public meeting has been duly held, pursuant to notice therefore given in accordance with the provisions of Act 246 of the Public Acts of Michigan of

1931, as amended, said public meeting relating to the determination of necessity made by this Commission, pursuant to said Act, resulting from a certain resolution/petition for highway improvement submitted on to this Commission in the form of a Resolution by the Township Board of Township,

Kalamazoo County, Michigan/landowner petition for improvements, and

“ WHEREAS, within forty-five (45) days following said public hearing, a petition objecting to said project has been received by the Commission in the form of a petition duly signed by more than 51% of the property owners of the lineal frontage along the proposed improvement, and

“WHEREAS said resolution/petition requested certain highway improvement over the following described area:

(Describe property involved in improvement project) and, “WHEREAS this Commission has caused the necessary steps for the verification of proper ownership and of proper lineal frontage to be taken and herewith determines that said petition objecting to requested improvements is valid,

“ NOW, THEREFORE, BE IT HEREBY RESOLVED, that this Commission, in accordance with the provisions of Section 1a of Act 246 of the Public Acts of Michigan of 1931, as amended, hereby declares that said improvement project is herewith discontinued and any further work or action with regard to said proposed project is herewith discontinued.”

BOARD OF COUNTY ROAD COMMISSIONERS OF KALAMAZOO COUNTY, MICHIGAN By ATTACHMENT F MINUTES/RESOLUTION OF FIRST ORDER OF DETERMINATION (INTERNALLY BY CRC)

“WHEREAS, a public meeting has been duly held, pursuant to notice thereof given in accordance with the provisions Act 246 of the Public Acts of Michigan of 1931, as amended, said public meeting relating to the declaration of necessity made by this

Commission, pursuant to said Act, resulting from a certain resolution/petition for highway improvement submitted on to this Commission in the form of a Resolution by the Township Board of Township, Kalamazoo County,

Michigan/landowner petition for improvements, and

WHEREAS, more than forty-five (45) days have passed since said public hearing and no objection to said project has been received by the Commission (or that objection to said project by less than 51% of the property owners of the lineal frontage along the proposed improvements) over the following described area:

(describe property involved) (in improvement project) and,

“WHEREAS this Commission has caused plans and specifications to be made, a copy of same being attached hereto, as provided in Section 2 of said Act, and “WHEREAS, Section 4 of said Act requires this Commission to make a First Order of Determination;

“NOW, THEREFORE, BE IT HEREBY RESOLVED, that this Commission, in accordance with the provisions of Act 246 of the Public Acts of Michigan of 1931, as amended, hereby declares that said improvement project is necessary and would be for the benefit of the public welfare and convenience and herewith makes its First Order of

Determination;

“ IT IS FURTHER RESOLVED, that a public hearing upon this First Order of

Determination shall be held in the Township Hall of Township,

Kalamazoo County, Michigan, at on 20 ,at o’clock., for the purpose of providing all persons interested an opportunity to appear before the Commission and give their reasons for or against the project, review the specifications, equalize the apportionment of benefits, make objection to same and to make the apportionment of costs, as is provided in said

Act. At said hearing the Commission shall make final determination of the Special

Assessment District and the number of annual installments over which said assessments shall be spread, as is provided in Sections 5, 9, and 10 of said Act.

“BE IT FURTHER RESOLVED, that NOTICE of this public meeting shall be given by publication, posting and mailing, as is provided in said Act for notices on hearings.”

Motion carried. BOARD OF COUNTY ROAD COMMISSIONERS OF KALAMAZOO COUNTY, MICHIGAN By ATTACHMENT G NOTICE OF HEARING ON RESOLUTION/PETITION FOR HIGHWAY IMPROVEMENT

A certified copy of a resolution of the Township Board of

Township, Kalamazoo County, Michigan, which was filed with the Board of County

Road Commissioners of Kalamazoo County, Michigan/landowner petition for improvements, has been received and accepted, said resolution/petition requesting certain highway improvements over a described area, resolution/petition requesting improvement being described as:

(Describe work requested)

(and land involved – take)

(from resolution)

The Board of County Road Commissioners of Kalamazoo County, Michigan, having received the resolution/petition, determined its legality, declared the improvement as necessary, having held a public hearing on the declaration of necessity and having received no objection to said project within forty-five (45) days from the date of said hearing, (or that objection to said project by less than 51% of the property owners of the lineal frontage along the proposed improvement were received within forty-five [45] days from the date of said hearing), and having made its First Order of Determination,

NOW, THEREFORE,

NOTICE is hereby given that a PUBLIC HEARING upon said proposed improvement and First Order of Determination will be held in the offices of the Township Hall of

Township, Kalamazoo County, Michigan, at on the day of , 20 , at o’clock m., for the purpose of giving all persons interested an opportunity to appear before the

Commission and give their reasons for or against said project, review the specifications, equalize the apportionment of benefits, make objections to the apportionment of benefits and make the apportionment of costs. At said hearing the Commission shall make a Final

Determination of the Special Assessment District to be assessed for benefits on the construction of the proposed improvement and the number of annual installments over which said assessment shall be spread.

Dated this day

Of , 20 .

BOARD OF COUNTY ROAD COMMISSIONERS OF KALAMAZOO COUNTY, MICHIGAN

By Chairman ATTACHMENT H MINUTES/RESOLUTION OF PUBLIC HEARING REGARDING HIGHWAY IMPROVEMENT

“WHEREAS a resolution/petition was duly filed with this Commission, under the provisions of Act 246 of the Public Acts of Michigan of 1931, as amended, on by the Township Board of

Township, Kalamazoo County, Michigan/landowner petition for improvements, requesting certain highway improvements over the following described area:

[describe property involved in improvement project] and,

“WHEREAS this Commission duly held a public meeting on pursuant to Notice thereof duly given, said meeting relating to the determination of necessity for said project made by this Commission, and thereafter, on

, made its First Order of Determination, all pursuant to the provisions of said Act, scheduling this date for a public hearing on said project for the purposes specified in the Notice of this public meeting, which said Notice has been duly given, and the said public meeting was duly held on , the day of , 20 , at o’clock .m., at the Township Hall of

Township, located at

“NOW, THEREFORE, BE IT HEREBY RESOLVED, that:

A special assessment district is established covering the following described area:

[insert description of special assessment district as finally established]; a description of the work to be done as follows: [insert description of the work to be done]; that the assessment for the project shall be spread over [insert number of installments] in equal annual installments; and that the apportionment of percentage of costs and benefits for the project shall be as follows:

[set forth same]”

Motion carried.

ATTACHMENT I MINUTES/RESOLUTION OF FINAL ORDER OF DETERMINATION (INTERNALLY BY CRC)

It is duly noted that less than thirty (30) days have passed since said public hearing and that Section 7 of said Act requires the Commission to take certain action within thirty

(30) days after said hearing. Therefore, upon motion made by Commissioner

and supported to adopt the following resolution:

”WHEREAS a public meeting has been duly held, pursuant to notice thereof given in accordance with the provisions of Act 246 of the Public Acts of Michigan of 1931, as amended, said public meeting relating to certain highway improvements as requested in a resolution/petition submitted to the Commission by the Township Board of the Township of , Kalamazoo County, Michigan/landowner petition for improvements, received by the Commission on ; and

“WHEREAS a final determination of the special assessment district to be assessed for benefits on construction of the proposed improvement, determined the apportionment of percentage of costs and benefits for the project, and the number of annual installments over which said assessments shall be spread, was made at said public meeting; and

“WHEREAS, Section 7 of said Act requires the Commission to take certain action within thirty (30) days from said public meeting, “ NOW, THEREFORE, BE IT HEREBY RESOLVED, that this Commission hereby declares and makes its Final Order of Determination determining that said proposed improvement project is necessary and would be for the benefit of the public welfare and convenience, and that said proposed improvement project shall be made in accordance with the final specifications which are attached hereto and herewith adopted.

Motion carried.

______Chairman

______Vice Chairman

______Member

______Member ATTACHMENT J RESOLUTION OF COLLECTION OF ASSESSMENTS (INTERALLY BY CRC)

Upon motion by Commissioner______, and supported to adopt the following resolution:

BE IT RESOLVED THAT all of the statutory and procedural steps and requirements of Act 246 of the Public Acts of Michigan of 1931, as amended, have been complied with pertaining to the following special assessment project(s)

(insert description of special assessment district(s) as finally established including owners, addresses, lineal foot cost to be borne by owner and total assessment levied against owner.),

and it appearing that the special assessments have been spread over a period of

______year(s); and, it further appearing that interest at the rate of______(____%) percent per year shall be charged on the unpaid balance of each assessment annually; and that the due date for these assessments shall be December 1 of each year hereafter and shall be delinquent if not paid prior to March 1 of each year hereafter;

WHEREFORE, the Commission shall forward the special assessment

District(s) tax roll(s) to the Treasurer of ______Township for collection as agent for the Commission who shall remit the monies collected to the

Commission as soon as is practicable following collection of same; and, further, that a copy of this Resolution be forwarded to said Township Treasurer, and a copy to the

Kalamazoo County Treasurer.

Motion carried.

______Chairman

______Vice Chairman

______Member