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untanglingwebs
El Supremo
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At the hearing on the Street Light Assessment, City Attorney Peter Bade's office gave a document entitled SPECIAL ASSESSMENT DISTRICT FOR STREET LIGHTING RATIONALE AND METHOD. The document was revised the day of the hearing (6/14/12 at 2:35 pm).
In this document Bade's office states:
The Home Rule Act specifically provides the City with the power to apecially assess for street lighting MCL 117.4d.
As a lay person it seems to me the Law Department would have identified that portion of the Flint City Charter that allowed for this provision.
More results from law.onecle.com ]
Home Rule Cities - Law and Legal Research - Onecle
law.onecle.com/michigan/117-home-rule-cities/index.html - Similarto Home Rule Cities - Law and Legal Research - Onecle
Feb 20, 2012 ... Conduct of Racing Event Under Mcl 257.1701 et Seq.; Powers and Duties - Mich. Comp. ... Laws Section 117.4d (1) Each city may in its charter ...
117.4d Permissible charter provisions; assessing costs of public improvement and boulevard lighting system; definitions.
Sec. 4d.
(1) Each city may in its charter provide:
(a)
For assessing and reassessing the costs, or a portion of the costs, of a public improvement to a special district
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(b) For assessing the cost, or a portion of the costs, of installing a boulevard lighting system on a street upon the lands abutting the street.
A city shall not establish a special assessment district for a boulevard lighting system if the district includes the entire city, unless the special assessments against the real property within the district are levied on other than an ad valorem basis.
(2) As used in this section:
(a) "Boulevard lighting system" means any design or method of providing light to a street.
(b) "Cost" includes necessary condemnation cost and necessary expenses incurred for engineering, financial, legal, or administrative services; operation and maintenance of a boulevard lighting system, whether that service is provided directly by the city or is provided by an investor-owned utility; and other services of a similar kind involved in the making and financing of the improvement and in the levying and collecting of the special assessments for the improvement. If the service is rendered by city employees, the city may include the fair and reasonable cost of rendering the service. The inclusion of a cost specified in this subdivision as part of the cost of an improvement for which special assessments have been levied before the effective date of the 1987 amendatory act amending this section is validated.
(c) "Street" means a public avenue, street, highway, road, path, boulevard, or alley or other access used for travel by the public.
History: Add. 1929, Act 126, Eff. Aug. 28, 1929 ;-- CL 1929, 2234 ;-- CL 1948, 117.4d ;-- Am. 1961, Act 124, Eff. Sept. 8, 1961 ;-- Am. 1964, Act 27, Imd. Eff. Apr. 29, 1964 ;-- Am. 1988, Act 201, Imd. Eff. June 29, 1988
Section: Previous 117.3 117.3a 117.3b 117.4 117.4a 117.4b 117.4c 117.4d 117.4e 117.4f 117.4g 117.4h 117.4i 117.4j 117.4k Next
Last modified: February 20, 2012 |
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Mon Jun 18, 2012 7:15 am |
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untanglingwebs
El Supremo
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I am not a lawyer, but I read this to mean an improvement or installation of a lighting public improvement, but not a maintenance fee.
If someone can explain this otherwise, please do so. |
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Mon Jun 18, 2012 7:51 am |
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untanglingwebs
El Supremo
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From the Flint City charter:
Sec.
7-401 POWER TO ASSESS.
The City may, by ordinance, determine that the whole or any part of the expense of any local public improvement or repairs shall be defrayed by special assessment upon the property specifically benefitted as provided for by law. However, no special assessment may be made after on-site construction has begun.
(Adopted by the electorate, 11-5-74)
Sec. 7-402 PROCEDURE ORDINANCE.
A. The complete special assessment procedure to be used including the preparation of plans and specifications; estimation of costs, the preparation, hearing and correction of the special assessment roll; the collection of special assessments; the assessment of single lots or parcels; and any other matters concerning the making of improvements by the special assessment method, shall be provided by ordinance.
B. The ordinance shall authorize additional assessments, if the prior assessment proves insufficient to pay for the improvement or is determined to be invalid in whole or in part, and shall also provide for the disposition of excess assessments.
(Adopted by the electorate, 11-5-74)
Sec. 7-403 SPECIAL ASSESSMENT LIEN.
From the date of confirmation of any roll levying any special assessment, the full amount of the assessment and all interest thereon shall constitute a lien on the property subject thereto. In case of delinquency the special assessment and all interest thereon shall be collected as provided by ordinance.
(Adopted by the electorate, 11-5-74) |
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Mon Jun 18, 2012 7:54 am |
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untanglingwebs
El Supremo
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| What does the City of Flint pay for in regards to street lighting? Consumers pays for the maintenance of their infrastructure, lines and equipment. Flint installed new historic street lights in the Carriage Town and Chevrolet Avenue area. Did Flint install the street lights all over the city? I have seen Flint officials installing traffic lights,, such as when changing the one way streets back to two way,and hopefully tjey were using energy efficient systems. |
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Mon Jun 18, 2012 8:03 am |
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untanglingwebs
El Supremo
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Sec. 7-404 CONTEST OF ASSESSMENTS.
A. Any person owning property specially assessed shall have sixty (60) days from the mailing of a notice of confirmation of the special assessment roll to notify the City Clerk in writing of any claimed illegality in the special assessment process. The City shall presume that any person who neglects or refuses to assert a claim within the sixty-day period has withheld his or her claim for the purpose of unjustly obtaining a special benefit to the property to the general detriment of the taxpayers of the City.
B. If the Chief Legal Officer submits a written opinion finding the special assessment roll illegal, in whole or in part, the City Council may revoke its confirmation, correct the illegality, if possible, and reconfirm it. No property shall be assessed more than was imposed upon the original confirmation without further notice and hearing.
(Amendment, effective 8-7-79)
Forms were provided by the city, however the forms did not arrive until 10 minutes before the meeting and I am not sure if everyone was made aware of them or if they provided enough for the nearly 400 people attending.
The entire process was flawed and no one knew what was going on.
The form provided by Bill Fowler goes to the tax tribunal and there is a $100 filing fee. |
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Mon Jun 18, 2012 8:06 am |
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Adam
F L I N T O I D
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Mon Jun 18, 2012 12:28 pm |
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