Public Hearing: Special Assessment District Beech Creek Subdivision

PROPOSED STREET SPECIAL ASSESSMENT DISTRICT

NOTICE OF PUBLIC HEARING

FRUITPORT CHARTER TOWNSHIP

TO: THE RESIDENTS AND PROPERTY OWNERS OF THE CHARTER TOWNSHIP OF FRUITPORT, MUSKEGON COUNTY, MICHIGAN, AND ANY OTHER INTERESTED PERSONS:

PLEASE TAKE NOTICE that the Township has received petitions from property owners within the Township signed by the record owners of land whose properties constitute more than 50 percent of the total road frontage contained within the proposed special assessment district, within which special assessment district the Township Board proposes to perform a 1” wedge, chip seal, and fog seal to the asphalt and thus repave and restore the public streets in question, and to create a special assessment for the recovery of the cost of the public roads against the properties benefited by the repaving and restoration.

PLEASE TAKE FURTHER NOTICE that the special assessment district within which the foregoing improvements are proposed to be constructed and within which the cost of the improvements is proposed to be assessed is more particularly described as follows:

Beech Creek Dr between E Pontaluna Rd and the dead-end, Beech Creek Ct between Alder Dr and the dead-end, Alder Dr between Beech Creek Dr and the end of current pavement, and Stevens Creek Ct between Beech Creek Dr and the dead-end.  The proposed special assessment district includes the following parcels:

15-170-000-0001-00, 15-170-000-0002-00, 15-170-000-0003-00, 15-170-000-0004-00, 15-170-000-0005-00, 15-170-000-0006-00, 15-170-000-0007-00, 15-170-000-0008-00, 15-170-000-0009-00, 15-170-000-0010-00, 15-170-000-0011-00, 15-170-000-0012-00, 15-170-000-0013-00, 15-170-000-0014-00, 15-170-000-0015-00, 15-170-000-0016-00, 15-170-000-0017-00, 15-170-000-0018-00, 15-170-000-0019-00, 15-170-000-0020-00, 15-170-000-0021-00, 15-170-000-0022-00, 15-170-000-0023-00, 15-170-000-0024-00, 15-170-000-0025-00, 15-170-000-0026-00, 15-170-000-0027-00, 15-170-000-0028-00, 15-170-000-0029-00, 15-170-000-0030-00, 15-170-000-0031-00, 15-171-000-0032-00, 15-171-000-0034-00, 15-171-000-0035-00, 15-171-000-0036-00, 15-171-000-0037-00, 15-171-000-0038-00, 15-171-000-0039-00, 15-171-000-0040-00, 15-171-000-0041-00, 15-171-000-0043-00, 15-171-000-0044-00, 15-171-000-0045-00, 15-171-000-0046-00, 15-171-000-0047-00, 15-171-000-0048-00, 15-171-000-0049-00, 15-171-000-0050-00, 15-171-000-0051-00, 15-630-006-0001-00

PLEASE TAKE FURTHER NOTICE that the Township Board has received engineering plans showing the improvements and an estimate of the costs of such construction in the approximate amount of $75,000.00, has placed them on file with the Township Clerk, and has passed a resolution tentatively declaring its intent to make the improvement and to create the special assessment district.  Taking into account the amount of the cost to be paid by the Muskegon County Road Commission, plus the extra costs for administration, publication, mailing, legal fees, etc., the amount to be specially assessed is estimated to be $79,000.00.  The Township Board has also tentatively found the petitions to be in compliance with statutory requirements.

PLEASE TAKE FURTHER NOTICE that the plans, estimates of cost, proposed special assessment district, and petitions may be examined at the office of the Township Clerk from the date of this notice through the date of the public hearing and may be examined at such public hearing.

PLEASE TAKE FURTHER NOTICE that a public hearing on the petitions, plans, district, and estimate of costs will be held at the Fruitport Charter Township Hall at 5865 Airline Road, Fruitport, MI 49415, at 7:00 p.m. on July 10, 2023.

PLEASE TAKE FURTHER NOTICE that if the Township Board determines the sufficiency of the petitions for such road improvements and approves the making of such road improvements, a special assessment may be levied against properties that benefit from such improvements.  Michigan Act 64 of 1989 and Michigan Act 186 of 1973, both as amended, provide that a special assessment must be protested at the hearing held for the purpose of confirming the special assessment roll before the Michigan Tax Tribunal may acquire jurisdiction of any dispute involving the special assessment.  The hearing for the purpose of confirming the special assessment roll will be held, if at all, at some time in the future pursuant to notice given as required by law.  Appearance and protest at such hearing is required in order to appeal the amount of the special assessment or assessments to the Michigan Tax Tribunal.  An owner of or party in interest in property to be assessed, or an agent thereof, may appear in person to protest the special assessments, or may protest the special assessments by letter filed with the Township Clerk at or prior to the time of the hearing, in which case appearance in person is not required.  A determination by the Township Board of the sufficiency of the petitions is not subject to attack except in an action brought in a court of competent jurisdiction within 30 days after the adoption of the resolution determining such sufficiency.

At the hearing, the Township Board will consider any written objections to any of the foregoing matters filed with the Township Board at or before the hearing as well as any revisions, corrections, amendments, or changes to the plans, estimates and costs, or special assessment district.

All interested persons are invited to be present at the hearing and to submit any comments they may have.

The Township will provide necessary and reasonable aids and services for this hearing to individuals with disabilities upon seven days prior notice to the Township Clerk.

PUBLISH:  June 22 & 27, 2022                                                 ANDREA ANDERSON,

Township Clerk