City of Bridgman, MI
Berrien County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Bridgman as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-11-1976 by Ord. No. 58 (Ch. 800.000 of the 1999 Compiled Ordinances)]
As used in this article, the following terms shall have the meanings indicated:
COST
As used in this article, when referring to the cost of any local public improvements, shall include the cost of services, plans, condemnation, spreading of rolls, notices, advertising, financing, construction, and legal fees and all other costs incident to the making of such improvement, the special assessments thereof and the financing thereof.
LOCAL PUBLIC IMPROVEMENT
As used in this article, shall mean any construction of or improvement upon public property which results in special benefit to real property.
The entire cost or any part thereof of any local public improvement may be defrayed by special assessment upon the lands specially benefited by the improvements in the manner hereinafter provided.
A. 
Proceedings for the making of local public improvements within the City may be commenced by resolution of the City Council, on its own initiative or by an initiatory petition signed by more than 50% of the owners of real property in the proposed special assessment district. When the proposed project is for paving or similar improvements which are normally assessed on a frontage basis against abutting property, such petitions shall be signed by the owners of more than 50% of the frontage of property to be assessed.
B. 
The petitions shall contain a brief description of the property owned by the respective signers thereof.
C. 
The petitions shall be verified by the affidavit of one or more of the owners or by some person or persons with knowledge that said signers are such owners and that such signatures are genuine.
D. 
Petitions shall be addressed to the City Council and filed with the City Clerk. Petitions shall not be mandatory upon the City Council.
E. 
The City Clerk shall check the petitions to determine whether they conform to the foregoing requirements and shall report said determination to the City Council.
Before the City Council determines to make any local public improvement, any part of the cost of which is to be defrayed by special assessment, the City Council shall direct the City Engineer to prepare a report which shall include necessary plans, profiles, specifications, estimates of cost, and the life of the improvement, a description of the assessment district or districts and such other pertinent information as will permit the City Council to decide the cost, extent, and necessity of the improvement proposed and 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 City at large.
After the City Engineer has presented the report required in § 9-4 for making a local public improvement and the City Council has reviewed said report, the City Council, by resolution, may determine the necessity of the improvement; set forth the nature thereof; prescribe what part or proportion of the cost of such improvement shall be paid by special assessment upon the property especially benefited, determine the benefits received by affected properties and what part, if any, shall be paid by the City at large; designate the special assessment district to be affected; and determine the method of apportioning benefits, determine the number of installments in which the special assessment may be paid, the rate of interest, not exceeding the maximum authorized by law, to be charged if the payment of any balance is to be deferred. The City Council shall, by resolution, direct the City Assessor to make a special assessment roll of the part or portion of the cost to be borne by the lands specially benefited according to the benefits received and to report the same to the City Council.
When the Assessor has completed the special assessment roll, he shall file the same with the City Council. Upon review and acceptance by the City Council, the City Council shall order the same to be filed together with the report of the City Engineer made pursuant to § 9-4 hereof, in the office of the City Clerk for public examination and shall fix a date, time and place when the City Council shall meet and review said special assessment roll. The City Clerk shall give notice of the meeting of the City Council to review said special assessment roll by publication at least once in a newspaper printed and circulated in the City at least 10 days prior to the time of said meeting and shall further cause notice of said meeting to be mailed by first class mail to each property in the special assessment district as shown by the current assessment rolls of the City at least 10 days prior to the time of said hearing, said notice to be mailed to the addresses shown on the current assessment rolls of the City.
The City Council shall meet and review the special assessment roll at the time and place established by the City Council or at an adjourned meeting thereof. Persons objecting to the special assessment roll and/or to the project shall file the nature of the objection in writing with the City Clerk prior to the close of the hearing. The Assessor shall be present at every meeting of the City Council at which a special assessment is to be reviewed.
At the time and place designated for the review of the special assessment roll and, at such meeting, or a proper adjournment thereof, the City Council shall consider all written objections filed with the Clerk. The City Council may correct the roll as to any special assessment or description of any lot or parcel of land or other errors appearing therein; or it may, by resolution, annul the roll and direct that new proceedings be instituted. The same proceedings shall be followed in making a new roll as in the making of the original roll. If, after hearing all objections and making a record of such changes as the City Council deems justified, the City Council determines that it is satisfied with said special assessment roll, and that assessments are in proportion to benefits received, it shall thereupon pass a resolution reciting such determination and its confirmation of the roll. If, at or prior to final confirmation of any special assessment roll except for sidewalk construction, more than 50% of the number of owners of privately owned real property to be assessed for any improvement, or in case of paving or similar improvements, more than 50% of the number of owners of frontage to be assessed for any such improvement, shall object in writing to the proposed improvement, the improvement shall not be made without a 4/5 vote of the members-elect of the City Council. Such roll shall have the date of confirmation endorsed thereon and shall from that date be final and conclusive for the purpose of the improvement to which it applies, subject only to adjustment to conform to the actual cost of the improvement, as provided in § 9-15.
No deviation from original plans or specifications as adopted shall be permitted by any officer or employee of the City without authority of the City Council by resolution. A copy of the resolution authorizing such changes or deviation shall be certified by the Clerk and attached to the original plans and specifications on file in his office.
The City Council shall specify that provision and procedure for financing a local public improvement. Unless the City has available the funds required for defraying the cost of the public improvement or at least that part thereof that will accrue before the special assessments therefor will be paid or moneys available from the sale of bonds issued in anticipation of the collection of the special assessments, no contract or expenditures, except for the cost of the necessary legal procedure, and engineering plans, specifications and estimates of cost, shall be made for the improvement, until the special assessments to defray the costs have been levied.
Whenever any property is acquired by condemnation or otherwise, for the purpose of any public improvement, the cost thereof, exclusive of that part of such cost representing damages for or injury to improvements to such property, and the cost of the proceedings to acquire such property may be added to the cost of such improvement.
All special assessments, except any installments thereof the City Council makes payable at a future time as provided in this article, shall be due and payable upon confirmation of the special assessment roll.
The City Council may provide for the payment of special assessments in annual installments. The annual installments shall not exceed the maximum authorized by law, the first installment being due upon confirmation of the roll. On all special assessments confirmed between July 1 and December 31 of any year, the second installment shall be due on the following July 1, and the remaining installments shall be due on July 1 of each succeeding year. On all special assessments confirmed between January 1 and June 30 of any year, the second installment shall be due July 1 of the following year, and the remaining installments shall be due July 1 of each succeeding year. Interest shall be charged on all deferred installments at a rate of not to exceed the maximum authorized by law, commencing on confirmation and payable on the due date of each installment; the full amount of all or any deferred installments, with interest accrued thereon to the date of payment, may be paid in advance of the due dates thereof. Each property owner shall have 30 days from the date of confirmation to pay the full amount of said assessment, or the full amount of any installments thereof, without interest or penalty. Following said thirty-day period, the assessment or first installment thereof shall, if unpaid, be considered as delinquent, and the same penalties shall be collected on such unpaid assessments, or unpaid first installments thereof, as are provided in the City Charter to be collected on delinquent general City taxes. Deferred installments shall be collected without penalty until 30 days after the due date thereof, after which such installments shall be considered as delinquent and such penalties on said installments shall be collected as are provided in the City Charter to be collected on delinquent general City taxes. After the City Council has confirmed the roll, the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed and the terms of payment. Failure on the part of the City Treasurer to give said notice or such owner to receive said notice, shall not invalidate any special assessment roll of the City or any assessment thereon nor excuse the payment of interest or penalties.
Special assessments and all interest, penalties and charges thereon, from the date of confirmation of the roll shall be and remain a lien upon the property assessed of the same character and effect as the lien created by general law for county and school taxes, and by the City Charter for City taxes, until paid, and the lands upon which the same are a lien shall be subject to sale therefor, the same as are lands upon which delinquent City taxes constitute a lien. If special assessments or installments thereof remain delinquent as of February 28, they shall be returned delinquent, with interest, penalties and charges added, to the County Treasurer for collection in the same manner as are City, county and school taxes.
The City Clerk shall, within 60 days after the completion of each local public improvement, compile the actual cost thereof and certify the same to the City Council. When any special assessment roll shall prove insufficient to meet the cost of the improvement for which it was made, the City Council may make an additional pro rata assessment. No additional assessment for any public improvement, which exceeds 15% of the original assessment, shall be made. Unless such additional assessment be reviewed at a meeting of the City Council, for which meeting notices shall be published and mailed as provided in the case of review of the original special assessment roll. Provided, however, that no property shall be assessed in excess on benefits received. Should the entire amount as finally collected on the assessment roll prove larger than necessary by more than 5% of the total cost of the improvement, the City Council shall make a refund of the entire amount of the excess there of pro rata according to assessments. Should the entire amount as finally collected on the assessment roll prove larger than necessary by 5% or less of the total cost of the improvement, the City Council may transfer such excess to the general funds of the City or make a refund thereof pro rata according to assessments.
In any case where the provisions of this article may prove to be insufficient to carry out fully the making of any special assessment, the City Council shall provide by ordinance any additional steps or procedures required.
Monies raised by special assessment to pay the cost of any local public improvement shall be held in a special fund to pay such cost or to repay any money borrowed therefor. Each special assessment account must be used only for the improvement project for which the assessment was levied, except as otherwise provided in this article.
No suit or action of any kind shall be instituted or maintained for the purpose of contesting or enjoining collection of any special assessment unless within 30 days after confirmation of the special assessment roll written notice is given to the City Council of intention to file such suit or action, stating grounds on which it is claimed such assessment is illegal, and unless such suit or action shall be commenced within 60 days of confirmation of the roll.
Whenever the City Council shall deem any special assessment invalid or defective for any reason whatever, or if any court of competent jurisdiction shall have adjudged such assessment to be illegal for any reason whatever, in whole or in part, the City Council shall have power to cause a new assessment to be made for the same purpose for which the former assessment was meant or any part thereof has been made, whether the improvement has been completed and whether any part of the assessment has been collected or not. All proceedings on such reassessment and for the collection thereof shall be made in the manner as provided for the original assessment, except respecting the correction of the proceedings for the purpose of making the proceedings legal. If any portion of the original assessment shall have been collected and not refunded, it shall be applied upon the reassessment and the reassessment shall to that extent be deemed satisfied. If more than the amount reassessed shall have been collected, the balance shall be refunded to the person making such payment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In the event it shall become necessary to abate a hazard or nuisance, the City Council shall determine what amounts or part of each such expense shall be charged, and the property upon which the same shall be levied as a special assessment. The City Council shall require all the several amounts so determined, the several lots or premises affected, and shall cause the persons chargeable therewith respectively, to be notified by the City Clerk either by first class mail, or if either the owner or his address is unknown, by posting notice upon the premises affected. Such notice shall state the basis for the assessment, the cost thereof, and shall give a reasonable time, which shall not be less than 30 days, in which payment shall be made. In all cases where payment is not made within the time limit, the same shall be reported by the Clerk to the City Council, which shall direct the Assessor to spread such amounts against the descriptions of property chargeable therewith on the next general tax roll for the collection of taxes in the City.
The City Council may combine several districts into one project for the purpose of effecting a saving in the costs; provided, however, that for each district there shall be established separate funds and accounts to cover the cost of the same.
Should any section, clause or provision of this article be declared by any court of competent jurisdiction to be invalid, the same shall not affect the validity of the article as a whole or any part thereof, other than the part so declared to be invalid.
This article shall be known and may be cited as the "Special Assessment Ordinance" of the City of Bridgman, Michigan.
[Adopted 6-6-1977 by Ord. No. 63 (Ch. 801.000 of the 1999 Compiled Ordinances)]
As used in this article, the following terms shall have the meanings indicated:
COST
When referring to the cost of any local public improvements, shall include the cost of services, plans, condemnation, spreading of rolls, notice, advertising, financing, construction, and legal fees and all other costs incident to the making of such improvement, the special assessments thereof and the financing thereof.
LOCAL PUBLIC IMPROVEMENT
Any construction of or improvement upon public property which results in special benefit to real property.
All improvements, as hereinabove enumerated, the entire cost of which is $1,000 or less, shall be exempt from the provisions of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Plans and specifications for all such improvements shall be prepared by the City Engineer of the City of Bridgman according to the specifications established by the Michigan Department of Transportation, the Michigan Department of Health and Human Services or any other duly authorized state agency or department having jurisdiction over such matters, or, in the absence of such specifications, the plans shall be prepared by the City Engineer based on sound engineering principles. The City shall, in appropriate cases, advertise for bids and have sole discretion in letting such bids, the inspection of the work performed thereunder and acceptance of the completed project.
The provisions of this article specifically contemplate the existence of Article I of this chapter, which establishes the procedures to be used by the City when making special assessments. This article in no way alters those procedures and requirements and specifically reaffirms same.
The provisions of this article become applicable after it is determined according to the provisions of Article I of this chapter that special assessments shall be taxed and what parcels shall constitute the special assessment district.
After the special assessment district is formulated and it is determined that certain public improvements shall be financed through the use of special assessments, the following percentages for bearing the total costs shall be directly adhered to when assessing benefited landowners:
A. 
Water. The cost of installing all water main extensions and appurtenances thereto and any necessary replacements six inches or less in size shall be borne 60% by the benefited landowner and 40% by the City at large. In the event the City determines that a water main larger than six inches in size is required, the City shall pay for the entire difference in cost between the six-inch water main and such larger size water main as the City shall determine to be necessary.
B. 
Sanitary sewer lines. The cost of installing all sanitary sewer lines and appurtenances thereto plus any necessary replacements eight inches or less in size shall be borne 60% by the benefited property owner and 40% by the City at large. In the event the City determines a sanitary sewer line larger than eight inches in size is required, the City shall pay the entire difference in cost between the eight-inch and the larger-sized line as the City shall determine to be necessary.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Storm drains. The cost of installing all storm drains and appurtenances thereto plus any necessary replacements 12 inches in size or less shall be borne 60% by the benefited property owners and 40% by the City at large. In the event the City determines a storm drain larger than 12 inches in size is required, the City shall pay the entire difference in cost between the twelve-inch and the larger-sized line as the City shall determine to be necessary.
D. 
Construction and repairs of streets. The cost of construction and repairs of streets covered by this article, including curbs and gutters, shall be borne 60% by the benefited property owners and 40% by the City at large. The City shall cover all costs of the portions of the street which run through intersections and do not specifically benefit individual property owners. All such costs shall be based on standards established by the City of Bridgman for "local" streets. In the event a major street is constructed or repaired, as defined by the City of Bridgman, the City will in addition pay the entire difference in costs between the construction or repair of a local street and the construction or repair of a major street.
A. 
For the purpose of assessing and financing the above-mentioned improvements, it is contemplated that all sewage, water and drain improvements shall have a "usable life." This "usable life" shall be established by the City Engineer for each project at the commencement of each project and shall be stated in terms of a given number of years per project. This information shall be delivered to the City Council by the City Engineer as part of his engineering report for each project. The City Council shall then incorporate this "usable life" in the initial resolution which approves the financing of the project by special assessment.
B. 
If there is no "usable life" stated for any given project already financed by special assessment, then the City Engineer is authorized to establish one using all recorded facts and engineering data at his disposal.
[Amended 9-19-1994 by Ord. No. 122; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This article shall apply to the construction, extension or other improvements of streets, curbs and gutters, storm drains, sanitary sewers and water main extensions in any subdivision platted or existing prior to the adoption of Chapter 470, Subdivision and Condominium Development, of the Code of the City of Bridgman. Further, this article shall not apply to any private roads, alleys, or public ways offered for dedication and acceptance to the City of Bridgman; said roads, alleys and public ways shall be accepted only when the same meet the provisions of Chapter 470, Subdivision and Condominium Development, of the Code of the City of Bridgman.
All senior citizens over the age of 65 years shall have any and all special assessments on their property in which they reside deferred. Said deferment of special assessments shall continue at the rate of 0% interest until the death of senior citizen, at which time the assessments shall be benefited to the estate of the senior citizen pursuant to state statute.
Should any section, clause or provision of this article be declared by any court of competent jurisdiction to be invalid, the same shall not affect the validity of the article as a whole or any part thereof other than the part so declared to be invalid.