§ 32-3. Preliminary proceedings.

(a)

Before the village council shall consider the making of any local improvement, the village council shall cause to be prepared a report which shall include necessary plans, profiles, specifications and detailed estimates of cost, an estimate of the life of the improvement, a description of the assessment district, and such other pertinent information as will permit the village council to decide the cost, extent and necessity of the improvement proposed, what part or proportion thereof should be paid by special assessments upon the property especially benefited and what part, if any, should be paid by the village at large, and determine the number of installments in which assessments may be paid. The village council shall not finally determine to proceed with the making of any local public improvement until such report has been filed, nor until after a public hearing has been held by the village council for the purpose of hearing objections to the making of such improvement.

(b)

After receiving the report required in subsection (a) of this section for making any local public improvement as requested in the resolution of the village council, and the village council has reviewed such report, a resolution may be passed tentatively determining the necessity of the improvement, setting forth the nature thereof, prescribing what part or proportion of the cost of such improvement shall be paid by special assessment upon the property especially benefited, determination of benefits received by affected properties, and what part, if any, shall be paid by the village at large; designating the limits of the special assessment district to be affected, designating whether to be assessed according to frontage or other benefits, placing the complete information on file in the office of the village clerk, where such assessment may be found for examination, and directing the village clerk to give notice of public hearing on the proposed improvement, at which time and place opportunity will be given interested persons to be heard. Such notice shall be given by one publication in a newspaper published or circulated within the village and by first class mail addressed to each owner or person in interest in property to be assessed as shown by the last general tax assessment roll of the village. The publication of notice and the mailing of notice shall be made at least ten full days prior to the date of the hearing. The hearing required by this section may be held at any regular, adjourned, or special meeting of the village council.

(c)

At the public hearing on the proposed improvement, all persons interested shall be given an opportunity to be heard, after which the village council may modify the scope of the local public improvement in such a manner as they shall deem to be in the best interest of the village as a whole; provided, however, that if the amount of work is increased or additions are made to the district, then another hearing shall be held pursuant to notice prescribed in subsection (b) of this section.

(d)

If at, or prior to, the final confirmation of any special assessments the owners of privately owned real property to be assessed for more than 50 percent of the cost of an improvement, or in the case of paving or similar improvements tile owners of more than 50 percent of the frontage to be assessed for any such improvement, shall object in writing to the proposed improvement, the improvement shall not be made by proceedings delineated by this chapter without a four-sixths vote of the members elect of the village council, provided that this section shall not apply to sidewalk construction.

(Ord. No. 98, § 3, 6-5-1979)

State law reference

Special assessment notices and hearings, MCL 211.741 et seq.