Special Assessment Districts

APPLICATION to Petition for
Public Improvement by
Special Assessment

STEPS FOR SPECIAL ASSESSMENT DISTRICTS

 

Special assessment districts can be initiated by the township and/or by citizen petition. Davison Township will utilize the process set forth in this Step 2 in establishing a special assessment district by citizen petition. Special assessment districts for street lighting are covered under a separate statute, which allows for an abbreviated process from that of other districts. Such deviations from the process outlined below are noted accordingly. Additionally, it should be noted that if funding for the improvement project will be provided through bonding, the process set forth below will be adjusted to conform with laws applicable to the bond process.

 

Step 1. APPLICATION: An interested party shall complete the Application for Special Assessment Improvement form. This form is available on the Township website and at the Supervisors office. Completed application forms are turned in the Supervisor’s office.

 

Step 2. APPLICATION REVIEW: Completed application forms are reviewed by township personnel deemed necessary, for an initial evaluation of whether the improvement as proposed is feasible. Township staff will have maps prepared of the proposed district and a preliminary estimate of project costs.

 

Step 3. FORMAL PETITION: If the application is accepted, the township sends affected property owners notice that an application for improvement was received and reviewed, and that a formal petition has been created for circulation. The petition is drafted by township personnel who contacts the original applicant for pickup to begin circulation

 

Step 4. PETITION SUFFICIENCY: Completed petitions are turned in to the Supervisor’s office. Owners of record are verified by the Assessing Department and signatures are verified by the Clerk’s office. If current ownership is questionable or cannot be obtained through verification against the current assessment roll and records located in the Genesee County Register of Deeds office, a title search may be deemed necessary. The additional cost of a title search would be added to the total projected cost estimate of the improvement. It is important to note that statue requires the signature of the “record property owners” in the citizen petition process. Accordingly, administrators, guardians and powers of attorney would not be permitted to sign the petition, unless the power of attorney document or a court order has specifically granted the power to sign a special assessment petition on behalf of the record owner.

 

Sufficiency of the petition is typically based on the following:

  • Owners of more than 51% of total land area in the district are required for sufficiency for special assessment improvement projects.

 

Step 5. RESOLUTION #1: After the petition has been verified and the sufficiency requirement has been met, the request will be brought before the Township Board of Trustees for consideration of a resolution directing the Township Supervisor to prepare the plans and cost estimates for the project to be presented at the first of two public hearings.

 

Step 6. RESOLUTION #2: Once the plans and cost estimates have been completed, the Township Board of Trustees will consider a resolution tentatively approving its intention to make the improvement, tentatively designating the special assessment district, and setting a date and time for the first public hearing. The resolution will also direct that the completed plans and cost estimates are to be given to the Township Clerk and made available for public inspection prior to the first public hearing. Street lighting districts will proceed to Step 13: and Public Hearing, at which the question of creating the district and defraying the expenses by special assessment will both be addressed.

 

Step 7. NOTICE OF 1ST PUBLIC HEARING: Notice of public hearings in special assessment proceedings shall be mailed to each record owner of, or party in interest in, the properties to be included in the district, at least 10 days before the date of the hearing. Notice shall also be published twice before the public hearing in a newspaper circulating in the township, with the first publication also being at least 10 days before the date of the public hearing. The notice of hearing should contain the following:

  • Date, time and location of the hearing
  • Description of the proposed special assessment district
  • Advice that plans and cost estimates for the improvement are on file at the office of the Township Clerk and are available for public inspection
  • A statement that appearance and protest at the hearing is required in order to appeal the amount of the special assessment to the Michigan Tax Tribunal, and describing the manner in which an appearance and protest shall be made, and that protest may be filed by letter (MCL 211.741(2))

 

Step 8. 1ST PUBLIC HEARING: The first public hearing will be held by the Township Board as required under Public Act 188 of 1954, as amended, to hear objections to the proposed improvement project, the petitions or the district.

 

Step 9. RESOLUTION #3: After conclusion of the 1st public hearing, the Township Board will consider adoption of a resolution doing all of the following:

  • Describing the improvement and determining to complete the improvements
  • Approving the plans and cost estimates as presented
  • Designating the boundaries of the district
  • Confirming the petition for sufficiency (if petition is required)
  • Specifying the amount of the improvement costs to be paid by the Township, if any
  • Designating the term of the special assessment district’s existence
  • If periodic redeterminations of cost will be necessary, such necessity and the dates when such redeterminations shall be made shall be stated
  • Directing the supervisor (assessor) to prepare the special assessment roll

 

Step 10. RESOLUTION #4: Once the special assessment roll has been created, the Township Board of Trustees will consider a resolution setting a date and time for the second public hearing. The completed special assessment roll will be given to the Township Clerk to be made available for public inspection prior to the second public hearing.

 

Step 11. NOTICE OF 2ND PUBLIC HEARING: Notice of public hearings in special assessment proceeding shall be given to each record owner, or the party of interest in, of the properties to be included in the district, at least 10 days before the date of the hearing. Notice shall also be published twice before the public hearing in a newspaper circulating in the township, with the first publication also being at least 10 days before the date of the public hearing. Notice for public hearing for street lighting districts only require at least 5 days before the date of the public hearing, and may be published in a newspaper of general circulation in the district, or, if none available, posted in a least 2 of the most public places in the district. The notice of hearing should contain:

  • Date, time and location of the hearing
  • Description of the proposed special assessment district
  • Advice that plans and cost estimates for the improvement, as well as the special assessment roll are on file at the office of the township clerk and are available for public inspection
  • A statement that appearance and protest at the hearing is required to appeal the amount of special assessment to the Michigan Tax Tribunal, and describing the manner in which an appearance and protest shall be made, and that protests may be filed by letter (MCL 211.741(2))

 

Step 13. 2nd PUBLIC HEARING: The second public hearing will be held by the Township Board as required under Public Act 188 of 1954, as amended, to hear objections to the assessment roll.

 

Step 14. RESOLUTION #5: After the 2nd public hearing, the Township Board of Trustees will consider a resolution to confirm the special assessment roll. The Township Board will also determine the number of annual installments and the interest rate to be charged on future installments.

 

Step 15. NOTICE OF THE ASSESSMENT: A notice of special assessment will be mailed to affected property owners within 20 days after confirmation of the special assessment roll. At this time, the Township Board will begin the process of issuing bonds to finance the construction of the project

 

Step 16. COMMENCE CONSTRUCTION: The Township (or any other viable entity) will commence construction of the improvement project.

 

Step 17. IMPLEMENT ASSESSMENTS: The Township will begin the process of collecting the special assessments against the individual properties within the special assessment district. Special assessments are usually implemented on the winter tax billing

(810) 653-4156
1280 N. Irish Rd., Davison, MI 48423