HOUSE BILL No. 4174
January 30, 1997, Introduced by Reps. Green, Horton, Baade and Nye and referred to the Committee on Agriculture.
A bill to amend 1956 PA 40, entitled
"The drain code of 1956,"
by amending sections 1, 2, 3, 6, 8, 10, 11, 21, 22, 23, 24, 25,
26, 27, 28, 29, 30, 31, 32, 33, 51, 52, 53, 54, 71, 72, 72a, 73,
74, 75, 76, 77, 101, 102, 103, 104, 105, 106, 121, 122, 122a,
123, 124, 125, 126, 127, 128, 131, 132, 133, 134, 135, 151, 152,
153, 154, 155, 156, 157, 158, 161, 191, 192, 193, 194, 195, 196,
197, 198, 199, 200, 221, 222, 223, 241, 242, 244, 245, 247, 248,
261, 262, 265, 266, 269, 270, 273, 275, 276, 277, 278, 279, 280,
282, 283, 301, 302, 304, 306, 307, 321, 322, 323, 324, 327, 328,
342, 343, 351, 352, 354, 355, 381, 382, 384, 391, 392, 395, 421,
422, 423, 425, 429, 430, 431, 433, 441, 441a, 442, 446, 463, 464,
465, 466, 467, 468, 469, 470, 472, 473, 474, 478, 482, 491, 513,
515, 517, 518, 520, 521, 522, 525, 526, 530, 534, 540, 541, 548,
601, and 602 (MCL 280.1, 280.2, 280.3, 280.6, 280.8, 280.10,
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280.11, 280.21, 280.22, 280.23, 280.24, 280.25, 280.26, 280.27,
280.28, 280.29, 280.30, 280.31, 280.32, 280.33, 280.51, 280.52,
280.53, 280.54, 280.71, 280.72, 280.72a, 280.73, 280.74, 280.75,
280.76, 280.77, 280.101, 280.102, 280.103, 280.104, 280.105,
280.106, 280.121, 280.122, 280.122a, 280.123, 280.124, 280.125,
280.126, 280.127, 280.128, 280.131, 280.132, 280.133, 280.134,
280.135, 280.151, 280.152, 280.153, 280.154, 280.155, 280.156,
280.157, 280.158, 280.161, 280.191, 280.192, 280.193, 280.194,
280.195, 280.196, 280.197, 280.198, 280.199, 280.200, 280.221,
280.222, 280.223, 280.241, 280.242, 280.244, 280.245, 280.247,
280.248, 280.261, 280.262, 280.265, 280.266, 280.269, 280.270,
280.273, 280.275, 280.276, 280.277, 280.278, 280.279, 280.280,
280.282, 280.283, 280.301, 280.302, 280.304, 280.306, 280.307,
280.321, 280.322, 280.323, 280.324, 280.327, 280.328, 280.342,
280.343, 280.351, 280.352, 280.354, 280.355, 280.381, 280.382,
280.384, 280.391, 280.392, 280.395, 280.421, 280.422, 280.423,
280.425, 280.429, 280.430, 280.431, 280.433, 280.441, 280.441a,
280.442, 280.446, 280.463, 280.464, 280.465, 280.466, 280.467,
280.468, 280.469, 280.470, 280.472, 280.473, 280.474, 280.478,
280.482, 280.491, 280.513, 280.515, 280.517, 280.518, 280.520,
280.521, 280.522, 280.525, 280.526, 280.530, 280.534, 280.540,
280.541, 280.548, 280.601, and 280.602), sections 21 and 464 as
amended by 1989 PA 134, section 33 as amended by 1982 PA 356,
section 72 as amended by 1987 PA 60, sections 196 and 283 as
amended by 1989 PA 149, section 223 as amended by 1989 PA 61,
section 280 as amended by 1983 PA 176, section 282 as amended by
1984 PA 80, section 423 as amended by 1996 PA 552, and section
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433 as amended by 1982 PA 449, and by adding sections 34, 275a,
277a, 329, 524a, 585, 586, 587, 588, 589, 590, 591, 592, 593,
594, 595, 596, 597, 598, 599, 600, 603, 604, 605, 606, 607, 608,
615, and 616; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1. This act shall be known and may be cited as " the
2 "drain code". of 1956".
3 Sec. 2. Drains including branches may be located, estab-
4 lished, constructed and maintained, and existing drains, creeks,
5 rivers and watercourses and their branches, or tributaries
6 whether located, established and constructed by a county drain
7 commissioner or drainage board or by a city, village or township,
8 may be cleaned out, straightened, widened, deepened, extended,
9 consolidated, relocated, tiled, connected and relocated along a
10 highway, or there may be provided for the same structures or
11 mechanical devices that will properly purify or improve the flow
12 of the drain or pumping equipment necessary to assist or relieve
13 the flow of the drain, or 1 or more branches may be added there-
14 to, by petition under the provisions of this act, whenever the
15 same shall be conducive to the public health, convenience and
16 welfare. AS USED IN THIS ACT:
17 (A) "AGENCIES" INCLUDES THOSE OFFICERS, BOARDS, COMMISSIONS,
18 AND OTHER BODIES CREATED BY PUBLIC CORPORATIONS OR BY THE FEDERAL
19 GOVERNMENT, WHICH ARE AUTHORIZED TO ACT IN THEIR OWN NAMES.
20 (B) "COUNTY DRAIN" MEANS A DRAIN CARRYING DRAINAGE WATER OR
21 SEWAGE OR BOTH ORIGINATING IN 1 COUNTY, AND INCLUDES DRAINS
22 LOCATED, ESTABLISHED, AND CONSTRUCTED BY A COUNTY DRAIN
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1 COMMISSIONER OR DRAINAGE BOARD OR BY A CITY, VILLAGE, OR
2 TOWNSHIP. THE FINDING OF THE DRAINAGE BOARD THAT ALL DRAIN WATER
3 AND SEWAGE ORIGINATE IN 1 COUNTY SHALL BE FINAL. IN MAKING SUCH
4 DETERMINATION, THE DRAINAGE BOARD MAY DISREGARD ANY DRAINAGE FROM
5 ANOTHER COUNTY THAT IT CONSIDERS TO BE INCONSEQUENTIAL.
6 (C) "COUNTY DRAIN COMMISSIONER", "DRAIN COMMISSIONER", OR,
7 UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, "COMMISSIONER"
8 MEANS 1 OF THE FOLLOWING:
9 (i) THE ELECTED COUNTY DRAIN COMMISSIONER OR THE PERSON OR
10 PERSONS DESIGNATED TO PERFORM THE DUTIES OF THE ELECTED COUNTY
11 DRAIN COMMISSIONER AS PROVIDED BY THIS ACT.
12 (ii) A PUBLIC WORKS COMMISSIONER DESCRIBED IN SECTION 21.
13 (iii) THE OFFICIAL OR BODY LAWFULLY DESIGNATED BY CHARTER TO
14 EXERCISE THE POWERS AND PERFORM THE DUTIES OF A COUNTY DRAIN COM-
15 MISSIONER IN A COUNTY ORGANIZED UNDER 1966 PA 293, MCL 45.501 TO
16 45.521.
17 (D) "DIRECTOR OF AGRICULTURE" MEANS THE DIRECTOR OF THE
18 DEPARTMENT OF AGRICULTURE.
19 (E) "DRAIN" INCLUDES THE MAIN STREAM OR TRUNK AND ALL TRIBU-
20 TARIES OR BRANCHES OF A CREEK OR RIVER, A WATERCOURSE OR DITCH,
21 EITHER OPEN OR CLOSED, A COVERED DRAIN, A SANITARY OR A COMBINED
22 SANITARY AND STORM SEWER OR STORM SEWER OR CONDUIT, A STRUCTURE
23 OR MECHANICAL DEVICE TO PURIFY THE FLOW OF A DRAIN, PUMPING
24 EQUIPMENT NECESSARY TO ASSIST OR RELIEVE THE FLOW OF A DRAIN, AND
25 ANY LEVEE, DIKE, OR BARRIER FOR DRAINAGE OR TO PURIFY THE FLOW OF
26 A DRAIN. "DRAIN" DOES NOT INCLUDE ANY DAM AND CONNECTED FLOWAGE
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1 RIGHTS USED FOR THE GENERATION OF POWER BY A PUBLIC UTILITY
2 SUBJECT TO REGULATION BY THE PUBLIC SERVICE COMMISSION.
3 (F) "DRAINAGE DISTRICT" MEANS AN AREA THAT WOULD BE DRAINED
4 BY A PROPOSED DRAIN. A DRAINAGE DISTRICT IS A BODY CORPORATE
5 WITH POWER TO CONTRACT, TO SUE AND TO BE SUED, AND TO HOLD,
6 MANAGE, AND DISPOSE OF REAL AND PERSONAL PROPERTY, IN ADDITION TO
7 ANY OTHER POWERS CONFERRED UPON IT BY LAW.
8 (G) "ENGINEER" MEANS A PROFESSIONAL ENGINEER LICENSED UNDER
9 ARTICLE 20 OF THE OCCUPATIONAL CODE, 1980 PA 299, MCL 339.2001 TO
10 339.2014.
11 (H) "IMPROVEMENT" MEANS CLEANING OUT, RELOCATING, WIDENING,
12 DEEPENING, STRAIGHTENING, TILING, OR EXTENDING A DRAIN; RELOCAT-
13 ING A DRAIN ALONG A HIGHWAY; PROVIDING STRUCTURES OR MECHANICAL
14 DEVICES THAT WILL PROPERLY PURIFY OR IMPROVE THE FLOW OF THE
15 DRAIN OR PUMPING EQUIPMENT NECESSARY TO ASSIST OR RELIEVE THE
16 FLOW OF THE DRAIN; SUPPLEMENTING A DRAIN BY THE CONSTRUCTION OF 1
17 OR MORE RELIEF DRAINS WHICH MAY CONSIST OF NEW DRAINS OR EXTEN-
18 SIONS, ENLARGEMENTS, OR CONNECTIONS TO EXISTING DRAINS; OR ADDING
19 A BRANCH TO A DRAIN.
20 (I) "INTERCOUNTY DRAIN" MEANS ANY DRAIN CARRYING DRAINAGE
21 WATER OR SEWAGE ORIGINATING IN MORE THAN 1 COUNTY, AND INCLUDES
22 DRAINS LOCATED, ESTABLISHED, AND CONSTRUCTED BY A COUNTY DRAIN
23 COMMISSIONER OR DRAINAGE BOARD OR BY A CITY, VILLAGE, OR
24 TOWNSHIP.
25 (J) "LANDOWNER" MEANS A PERSON HOLDING THE MOST RECENT FEE
26 TITLE OR A LAND CONTRACT VENDEE'S INTEREST IN LAND AS SHOWN BY
27 THE RECORDS OF THE COUNTY REGISTER OF DEEDS OR HOLDING A LAND
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1 CONTRACT VENDEE'S INTEREST AS SHOWN BY THE RECORDS OF THE COUNTY
2 REGISTER OF DEEDS OR THE TAX ASSESSMENT ROLL OF THE COUNTY OR
3 CITY. A HUSBAND AND WIFE WITH AN UNDIVIDED INTEREST IN LAND
4 SHALL BE CONSIDERED 2 LANDOWNERS.
5 (K) "MAINTENANCE" MEANS ANY OF THE FOLLOWING:
6 (i) MAINTAINING A DRAIN IN WORKING ORDER TO CONTINUE A
7 NORMAL FLOW OF WATER, INCLUDING BUT NOT LIMITED TO THE SERVICING
8 OR REPAIR OF AND UTILITY SERVICE FOR NECESSARY PUMPING STATIONS,
9 SEWAGE TREATMENT FACILITIES, OR RETENTION BASINS; KEEPING THE
10 DRAIN FREE FROM RUBBISH, DEBRIS, SILTATION, OR OBSTRUCTIONS;
11 REPAIRING A PORTION OR ALL OF A TILE OR DRAIN TO CONTINUE THE
12 NORMAL FLOW OF WATER; RESTORATION OF PREVIOUSLY ESTABLISHED
13 DEPTHS, BOTTOM WIDTHS, AND GRADE BASED ON RECORDS MAINTAINED AT
14 THE OFFICE OF THE DRAIN COMMISSIONER; AND ASSOCIATED ACTIVITIES.
15 (ii) ACTIVITY UNDER 1966 PA 347, MCL 252.131 TO 252.135.
16 (l) "MUNICIPALITY" MEANS A COUNTY, CITY, VILLAGE, TOWNSHIP,
17 SCHOOL DISTRICT, OR AN AUTHORITY CREATED BY ANY OF THESE.
18 (M) "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
19 ASSOCIATION, GOVERNMENTAL ENTITY, OR OTHER LEGAL ENTITY.
20 (N) "PROJECT" MEANS WORK UNDERTAKEN UNDER A PETITION OR
21 UNDERTAKEN AS MAINTENANCE ON A DRAIN.
22 (O) "PUBLIC CORPORATION" INCLUDES THIS STATE, A COUNTY, A
23 CITY, A VILLAGE, A TOWNSHIP, A METROPOLITAN DISTRICT, OR AN
24 AUTHORITY CREATED BY OR PURSUANT TO STATE LAW.
25 (P) "SURVEYOR" MEANS A PROFESSIONAL SURVEYOR LICENSED UNDER
26 ARTICLE 20 OF THE OCCUPATIONAL CODE, 1980 PA 299, MCL 339.2001 TO
27 339.2014.
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1 Sec. 3. (1) The word "drain", whenever used in this act,
2 shall include the main stream or trunk and all tributaries or
3 branches of any creek or river, any watercourse or ditch, either
4 open or closed, any covered drain, any sanitary or any combined
5 sanitary and storm sewer or storm sewer or conduit composed of
6 tile, brick, concrete, or other material, any structures or
7 mechanical devices, that will properly purify the flow of such
8 drains, any pumping equipment necessary to assist or relieve the
9 flow of such drains and any levee, dike, barrier, or a combina-
10 tion of any or all of same constructed, or proposed to be con-
11 structed, for the purpose of drainage or for the purification of
12 the flow of such drains, but shall not include any dam and flow-
13 age rights used in connection therewith which is used for the
14 generation of power by a public utility subject to regulation by
15 the public service commission. A DRAIN MAY BE LOCATED, ESTAB-
16 LISHED, CONSTRUCTED, MAINTAINED, AND IMPROVED CONSISTENT WITH THE
17 PROVISIONS OF THIS ACT. IF IT IS CONDUCIVE TO THE PUBLIC HEALTH,
18 CONVENIENCE, OR WELFARE, A DRAIN LOCATED, ESTABLISHED, OR CON-
19 STRUCTED BY A COUNTY DRAIN COMMISSIONER OR DRAINAGE BOARD OR BY A
20 CITY, VILLAGE, OR TOWNSHIP MAY BE MAINTAINED AND IMPROVED OR
21 RELOCATED ALONG A HIGHWAY OR DRAIN STRUCTURES OR MECHANICAL
22 DEVICES TO PURIFY OR IMPROVE THE FLOW OF THE DRAIN OR PUMPING
23 EQUIPMENT TO ASSIST OR RELIEVE THE FLOW OF A DRAIN MAY BE PRO-
24 VIDED AND 1 OR MORE BRANCHES MAY BE ADDED TO THE DRAIN UNDER THIS
25 ACT. A DRAIN MAY BE LAID OR EXTENDED INTO OR ALONG OR FROM ANY
26 LAKE OR OTHER BODY OF WATER SURROUNDED WHOLLY OR IN PART BY A
27 SWAMP, MARSH, OR OTHER LOW LANDS FOR THE GENERAL PURPOSES OF
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1 DRAINAGE CONTEMPLATED BY THIS ACT, BUT NOT SO AS TO IMPAIR THE
2 NAVIGATION OF ANY RIVER.
3 (2) IN EXERCISING POWERS AND PERFORMING DUTIES UNDER THIS
4 ACT, DRAIN COMMISSIONERS AND DRAINAGE BOARDS SHALL STRIVE TO PRE-
5 SERVE AND PROTECT THE NATURAL RESOURCES OF THIS STATE AND SHALL
6 ENDEAVOR TO ELIMINATE, REDUCE, OR MITIGATE ADVERSE IMPACTS TO
7 THOSE RESOURCES.
8 Sec. 6. All established drains regularly located and
9 established in pursuance of UNDER law existing IN EFFECT at
10 the time of location and establishment and visibly in existence,
11 which were established as drains, and OR all drains visibly in
12 existence in written drain easements, or rights of way, ORDERS,
13 OR OTHER RECORDS on file in the office of the commissioner,
14 shall be deemed ARE public drains AND SHALL BE PRESUMED TO HAVE
15 BEEN located AND ESTABLISHED UNDER LAW. THE EASEMENTS AND THE
16 DRAINS SHALL BE PRESUMED TO HAVE BEEN LOCATED in public easements
17 or rights of way which are valid and binding against any owners
18 of any PERSONS MAKING A CLAIM ON THE BASIS OF OWNERSHIP OF A
19 property interest who became or hereafter become such owners
20 after the location and establishment of the drain or the exis-
21 tence of the drain became visible or the written drain easement,
22 or right of way, OR ORDER was executed. , and the THE commis-
23 sioner or drainage board may use, enter upon, and preserve such
24 THE easement or right of way for maintenance AND IMPROVEMENT of
25 the visible drain and any other lawful activity with respect to
26 the same DRAIN not requiring a larger or different easement or
27 right of way and may exercise any rights granted in the written
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1 easement, or right of way, OR ORDER on file in the office of
2 the DRAIN commissioner. SUCH EASEMENTS OR RIGHTS OF WAY SHALL BE
3 CONSIDERED TO INCLUDE SUFFICIENT GROUND ON EACH SIDE OF THE
4 CENTER LINE OF THE DRAIN FOR THE DEPOSIT OF EXCAVATIONS FROM THE
5 DRAIN, IN ADDITION TO ANY LAND THAT MAY BE SPECIFIED IN THE
6 WRITING. Easements or rights of way , or portions of easements
7 or rights of way , no longer necessary for drainage purposes
8 may be conveyed or released to the fee owners by the commissioner
9 or drainage board on behalf of the drainage district. The drain
10 commissioner or drainage board shall give at least 30 days'
11 notice of the intention to release the excess easements by pub-
12 lishing a notice in a newspaper of general circulation in the
13 county or a newspaper of general circulation where the drainage
14 district boundaries are located. This notice shall give a gen-
15 eral description of the excess easements to be released and the
16 date any taxpayers may appear to protest said release. After
17 said date if no protests are received, the drain commissioner or
18 drainage board may release said excess easements or portions
19 thereof not necessary for drainage purposes.
20 Sec. 8. (1) The business which PERFORMED BY AND ANY HEAR-
21 ING HELD BY a board or commission COMMITTEE created pursuant to
22 this act , or a body of special commissioners appointed pursuant
23 to this act, may perform shall be conducted at a public meeting
24 of the board , commission, or body of special commissioners OR
25 COMMITTEE held in compliance with Act No. 267 of the Public Acts
26 of 1976, being sections 15.261 to 15.275 of the Michigan Compiled
27 Laws THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 15.275.
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1 Public notice of the time, date, and place of the meeting shall
2 be given in the manner required by Act No. 267 of the Public
3 Acts of 1976 THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO
4 15.275.
5 (2) EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, NOTICE OF
6 PUBLIC HEARINGS FOR THE BOARD OF DETERMINATION, DAY OF REVIEW,
7 BOARD OF REVIEW AND HEARINGS OF PRACTICABILITY AND NECESSITY OF
8 THE DRAINAGE BOARD SHALL BE SENT BY FIRST-CLASS MAIL TO ALL LAND-
9 OWNERS SUBJECT TO AN ASSESSMENT IN THE DRAINAGE DISTRICT AT THE
10 ADDRESS IN THE LAST CITY, VILLAGE, OR TOWNSHIP TAX ASSESSMENT
11 ROLL, EXCEPT IN PROCEEDINGS UNDER CHAPTERS 20 AND 21. NOTICES
12 SHALL ALSO BE PRESENTED TO OR SENT BY FIRST-CLASS MAIL TO THE
13 CLERKS OF EACH MUNICIPALITY INCLUDING CITIES, VILLAGES, TOWN-
14 SHIPS, AND THE COUNTY, THE DIRECTOR OF THE STATE TRANSPORTATION
15 DEPARTMENT, AND THE BOARD OF COUNTY ROAD COMMISSIONERS. IF AN
16 ADDRESS DOES NOT APPEAR UPON THE LAST TAX ASSESSMENT ROLL, A
17 NOTICE NEED NOT BE MAILED. THE NOTICE SHALL BE MAILED NOT LESS
18 THAN 10 CALENDAR DAYS BEFORE THE PROCEEDING AND THE NOTICE SHALL
19 BE POSTED IN THE OFFICE OF THE DRAIN COMMISSIONER.
20 (3) AN AFFIDAVIT OF MAILING IS CONCLUSIVE PROOF THAT NOTICE
21 OF A PUBLIC HEARING DESCRIBED IN SUBSECTION (2) WAS MAILED
22 ACCORDING TO THIS ACT. FAILURE TO RECEIVE A NOTICE BY MAIL IS
23 NOT A JURISDICTIONAL DEFECT INVALIDATING A DRAIN PROCEEDING OR
24 TAX IF NOTICE HAS BEEN SENT AS PROVIDED IN THIS ACT. NOTICE OF A
25 PUBLIC HEARING DESCRIBED IN SUBSECTION (2) SHALL BE PUBLISHED AT
26 LEAST ONCE, NOT LESS THAN 10 CALENDAR DAYS BEFORE THE PROCEEDING,
27 IN A NEWSPAPER OF GENERAL CIRCULATION IN THE DRAINAGE DISTRICT.
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1 THE NOTICE SHALL COMPLY WITH THE OPEN MEETINGS ACT, 1976 PA 267,
2 MCL 15.261 TO 15.275, SETTING FORTH THE TIME, DATE, PLACE, AND
3 PURPOSE OF THE MEETING. IF THE HEARING IS FOR THE BOARD OF
4 DETERMINATION, DAY OF REVIEW, OR BOARD OF REVIEW, THE NOTICE
5 SHALL INCLUDE THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE
6 DRAIN COMMISSIONER IN THE COUNTY WHERE THE PROCEEDING WILL TAKE
7 PLACE. IF THE HEARING IS A HEARING OF PRACTICABILITY AND NECES-
8 SITY OF THE DRAINAGE BOARD, THE NOTICE SHALL INCLUDE THE NAME,
9 ADDRESS, AND TELEPHONE NUMBER OF EACH OF THE MEMBERS OF THE
10 DRAINAGE BOARD. THE NOTICE SHOULD EXPLAIN THE CONSEQUENCE OF ANY
11 OF THE DECISIONS MADE AT THE HEARING AND SHOULD SPECIFY ANY
12 APPEAL PERIOD FOR THE ACTION TAKEN. ALL OTHER NOTICES SHALL
13 COMPLY WITH THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO
14 15.275.
15 (4) (2) A writing prepared, owned, used, in the possession
16 of, or retained by a board, COMMITTEE, commission, or advisory
17 committee created pursuant to this act, or a commissioner
18 appointed pursuant to this act, in the performance of an official
19 function shall be made available to the public in compliance with
20 Act No. 442 of the Public Acts of 1976, being sections 15.231 to
21 15.246 of the Michigan Compiled Laws THE FREEDOM OF INFORMATION
22 ACT, 1976 PA 442, MCL 15.231 TO 15.246.
23 Sec. 10. Drains may be laid or extended into or along or
24 from any lake or other body of water surrounded wholly or in part
25 by a swamp, marsh or other low lands for the general purpose of
26 drainage contemplated by this act, but not so as to impair the
27 navigation of any navigable river.
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1 Any meeting called pursuant to the provisions of this act,
2 unless otherwise provided, may be adjourned from time to time by
3 public announcement thereof and no advertisement of the time of
4 said adjournment shall be required.
5 The commissioner shall have jurisdiction over all estab-
6 lished county drains within his county, heretofore established
7 and now in the process of being established except that in the
8 case of a drain located or to be located entirely within a single
9 city or village, such jurisdiction shall be consented to by reso-
10 lution of the governing body of such city or village.
11 If any A drainage project lies entirely within the limits
12 of a municipality less OTHER than a county, such municipality,
13 by its THE governing body , shall have the power to OF THE
14 MUNICIPALITY MAY pledge the full faith and credit of the munici-
15 pality for the payment of bonds or drain orders issued in connec-
16 tion with such THE project. , and if IF a deficiency exists
17 in the drain fund or sinking fund for said THE drain 1 year
18 after the last installment of the deficiency assessment provided
19 for in section 280 of this act, shall have become BECOMES
20 delinquent, such THE municipality shall forthwith IMMEDIATELY
21 advance to the county drain fund the amount of such THE
22 deficiency. and thereafter AFTER THE MUNICIPALITY MAKES THE
23 ADVANCE, all receipts of such THE drain fund from the sale of
24 delinquent tax lands, which had been assessed for said THE
25 drain, shall be paid to the municipality within 90 days after
26 receipt by the county treasurer.
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1 Sec. 11. (1) Any easement, right of way, or release of
2 damages HEREAFTER obtained AFTER THE EFFECTIVE DATE OF THE
3 AMENDATORY ACT THAT ADDED SECTION 329 in connection with any pro-
4 posed drain or drains shall, following the expiration of 30 days
5 after the day of review, be recorded in the office of the regis-
6 ter of deeds. : Provided, That in any HOWEVER, IN A drain pro-
7 ceeding in which an injunction or a writ of certiorari
8 SUPERINTENDING CONTROL has been issued but not determined within
9 30 days after the day of review, the recording shall be within 30
10 days after a determination sustaining the drain.
11 (2) All easements, rights of way, or releases of damages
12 hereafter obtained AT ANY TIME in connection with any AN
13 existing drain shall be recorded in the office of the register of
14 deeds when said drain is being cleaned, relocated, deepened,
15 widened, straightened, extended, tiled MAINTAINED, IMPROVED, or
16 consolidated pursuant to law. WHEN A DRAIN IS CONSOLIDATED PUR-
17 SUANT TO LAW, ANY AND ALL EASEMENTS GRANTED TO THE SEPARATE
18 DRAINAGE DISTRICTS SHALL BE CONSIDERED TO BE ASSIGNED TO THE CON-
19 SOLIDATED DRAINAGE DISTRICT WITH FULL FORCE AND EFFECT OF LAW AS
20 ORIGINALLY GRANTED.
21 (3) The recording required by this section shall be made by
22 the drain commissioner or the drainage board, as the case may
23 be, and APPROPRIATE. HOWEVER, THE RECORDING MAY BE MADE AT ANY
24 TIME BY THE DRAIN COMMISSIONER OR DRAINAGE BOARD AND IN EITHER
25 INSTANCE the cost of such recording SHALL BE paid by the drainage
26 district.
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1 Sec. 21. (1) At the general election to be held in November
2 , 1976 2000, and each fourth year after November , 1976 2000,
3 a county drain commissioner shall be elected in each county
4 having a drain commissioner by the qualified electors of the
5 county. The term of office of the A commissioner shall begin
6 on the January 1 following the drain commissioner's election and
7 continue for a period of 4 years and until his or her successor
8 is elected and qualified, whichever occurs earlier.
9 (2) As determined by the county board of commissioners, the
10 county drain commissioner shall be covered by a blanket bond or,
11 before entering upon the duties of office, shall execute and file
12 with the county clerk a bond to the people of the state in the
13 penal sum of $5,000.00, issued by a surety company licensed to do
14 business in this state, conditioned upon the faithful discharge
15 of the duties of the office. The county board of commissioners
16 may fix the individual bond to be required of the commissioner at
17 a different amount if, in its judgment, that is desirable.
18 (3) The county board of commissioners of a county having a
19 population of less than 12,000, by resolution of a 2/3 vote of
20 the members elect, may abolish the office of county drain commis-
21 sioner and transfer the powers and duties of the office to the
22 board of county road commissioners.
23 (3) (4) If a county establishes a department of public
24 works pursuant to Act No. 185 of the Public Acts of 1957, as
25 amended, being sections 123.731 to 123.786 of the Michigan
26 Compiled Laws 1957 PA 185, MCL 123.731 TO 123.786, or a public
27 improvement agency with the drain commissioner designated as the
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1 county agent pursuant to the county public improvement act of
2 1939, Act No. 342 of the Public Acts of 1939, as amended, being
3 sections 46.171 to 46.188 of the Michigan Compiled Laws 1939 PA
4 342, MCL 46.171 TO 46.188, the county board of commissioners, by
5 resolution of a 2/3 vote of the members elected and serving, may
6 combine the powers, duties, and functions set forth in Act
7 No. 185 of the Public Acts of 1957, as amended, Act No. 342 of
8 the Public Acts of 1939, as amended 1957 PA 185, MCL 123.731 TO
9 123.786, THE COUNTY PUBLIC IMPROVEMENT ACT OF 1939, 1939 PA 342,
10 MCL 46.171 TO 46.188, and this act into 1 county department
11 headed by a public works commissioner. The public works commis-
12 sioner shall be elected in the same manner and for the same term
13 as a drain commissioner. and shall carry out the powers and
14 duties of a drain commissioner.
15 (4) (5) A resolution provided for in subsection (4) (3)
16 may not be adopted unless the county board of commissioners has
17 first held at least 1 generally publicized public hearing on the
18 resolution.
19 (5) (6) Not less than 3 years after a county establishes
20 the office of public works commissioner pursuant to subsections
21 (4) (3) and (5) (4), or a public improvement agency, the
22 county board of commissioners, by resolution approved by a 2/3
23 vote of the members elected and serving, may abolish the office
24 of public works commissioner not less than 6 months before the
25 next primary election for that office. The office of public
26 works commissioner shall be abolished in the county effective 180
27 days after a resolution is adopted pursuant to this subsection.
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1 The office shall then be referred to as the drain commissioner
2 and the person in office at the time a resolution of abolishment
3 is passed shall fulfill the remainder of the term of office until
4 the next general election.
5 (6) (7) A county that is organized under Act No. 293 of
6 the Public Acts of 1966, being sections 45.501 to 45.521 of the
7 Michigan Compiled Laws 1966 PA 293, MCL 45.501 TO 45.521, whose
8 charter prescribes an elected county executive, and which county
9 has a population of more than 2,000,000 at the time the charter
10 is adopted, shall be governed by section 21a in place of this
11 section.
12 Sec. 22. All commissioners holding such office when this
13 act takes effect shall continue to be such commissioners until
14 their respective successors are elected and qualified in accord-
15 ance with the provisions of the foregoing section. The majority
16 of SUBJECT TO SECTIONS 21 AND 21A, the COUNTY board of county
17 commissioners may SHALL establish or reestablish the office of
18 county drain commissioner in counties not having a county drain
19 commissioner by resolution of a majority of members elect ON
20 THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED SECTION 329.
21 Sec. 23. (1) The commissioner shall have jurisdiction over
22 all COUNTY drains within his THE county, including those
23 heretofore established and now in THE process of construction
24 BEING ESTABLISHED OR CONSTRUCTED. Drains extending into more
25 than 1 county, or affecting lands in more than 1 county, shall be
26 established and constructed in accordance with the provisions of
27 this act regulating the establishment and construction of drains
01117'97
17
1 traversing more than 1 county or affecting lands in more than 1
2 county. Nothing in this act shall be construed as depriving a
3 THE drain commissioner OF A COUNTY IS NOT DEPRIVED of jurisdic-
4 tion or as making any drain OVER A DRAIN AND THE DRAIN DOES NOT
5 BECOME an intercounty drain, merely because a THE drain extends
6 into another county for the purpose of securing a proper outlet
7 and not for the purpose of draining any lands in the other
8 county, : Provided, such IF THE extension is approved by the
9 drain commissioners and the COUNTY board of supervisors
10 COMMISSIONERS of each affected county. The portion of any such
11 THE drain extending into another county shall not be considered
12 in determining the number of signers required to FOR a petition
13 to locate, establish, and construct.
14 (2) THE DRAIN COMMISSIONER OR DRAINAGE BOARD MAY REVIEW AND
15 APPROVE ALL ACTIVITIES INCLUDING CONSTRUCTION AND LAND USE
16 CHANGES WHICH WILL OR COULD LIKELY AFFECT THE OPERATION OF AN
17 ESTABLISHED COUNTY OR INTERCOUNTY DRAIN OR AFFECT THE WATER QUAL-
18 ITY OR QUANTITY OF THE DRAINS WITHIN THE COUNTY SUBJECT TO RULES
19 PUBLISHED BY THE DRAIN COMMISSIONER OR DRAINAGE BOARD AND
20 APPROVED BY THE COUNTY BOARD OF COMMISSIONERS OF THE COUNTY OR
21 COUNTIES INVOLVED. THE DRAIN COMMISSIONER OR DRAINAGE BOARD AS A
22 PART OF THE PUBLISHED RULES MAY ESTABLISH A SCHEDULE OF FEES
23 ATTENDANT TO THE REVIEW, INSPECTION, OR ANALYSIS OF ALL ACTIVITY
24 OUTLINED HEREIN, TOGETHER WITH RULES AS IT RELATES TO THE DIS-
25 CHARGE INTO AN ESTABLISHED DRAIN, CONNECTION TO OR CROSSING OF AN
26 ESTABLISHED DRAIN, OR USE OF THE DRAIN RIGHT-OF-WAY.
01117'97
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1 Sec. 24. A commissioner may appoint a deputy or deputies ,
2 if the county board of commissioners approves, and may revoke
3 the appointment at pleasure. The appointment shall be made in
4 writing and filed with the clerk of the county. If the commis-
5 sioner is unable to execute the duties of office, the deputy or
6 deputies shall execute or assist in the execution of the duties
7 of the county drain commissioner. assigned by the county drain
8 commissioner. As determined by the county board of commission-
9 ers, the deputy or deputies, either shall be covered by a blanket
10 bond or shall file WITH THE DRAIN COMMISSIONER a bond with and
11 to be approved by the DRAIN commissioner in a sum not to exceed
12 $5,000.00, conditioned upon the faithful discharge of the
13 deputy's or deputies' duties. If the commissioner dies during
14 his or her term, the deputy commissioner shall have all of the
15 powers and be charged with all of the duties of a commissioner
16 until a commissioner is appointed or elected.
17 Sec. 25. (1) The commissioner and his bondsmen shall be
18 THE SURETIES ON THE INDIVIDUAL OR BLANKET BONDS COVERING THE COM-
19 MISSIONER AND DEPUTY ARE liable for all the acts and defaults of
20 the A deputy or deputies when appointed as herein provided
21 IN SECTION 24. After entry of the order designating drainage
22 districts as provided in section 54 and section 105, of this
23 act, the drainage district as designated shall be responsible
24 for and IS liable for all acts and defaults of such THE com-
25 missioner and his OR A deputy, or deputies, except for acts
26 of malfeasance or misfeasance.
01117'97
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1 (2) The COUNTY board of supervisors COMMISSIONERS may
2 adopt resolutions providing that public liability or other
3 insurance may be purchased at the expense of the county to cover
4 such potential liabilities of the various drainage districts
5 under the supervision of the county drain commissioner.
6 Sec. 26. Each deputy commissioner shall receive such THE
7 salary or compensation as the DETERMINED BY THE COUNTY board of
8 supervisors shall allow COMMISSIONERS and all traveling
9 expenses actually and necessarily spent by him in the discharge
10 of his OR HER duties as prescribed in this act. ; he shall make
11 a report to the commissioner of all work performed by him on or
12 before the first Saturday of each month and an annual report on
13 or before the second Wednesday in September of each year.
14 Sec. 27. County clerks, or the board of auditors in coun-
15 ties having such boards, shall be authorized, and it shall be
16 their duty to procure, at the expense of their respective coun-
17 ties, the necessary books, blanks and stationery for the use of
18 said commissioners; and each commissioner shall furnish upon
19 request blank applications or petitions to any person who may
20 desire to file the same under this act. The AT THE EXPENSE OF
21 THE COUNTY, THE office of the DRAIN commissioner shall be fur-
22 nished at the expense of the county by the board of supervisors,
23 or by the board of auditors in counties having such boards, and
24 shall be maintained at the county seat, in which said office said
25 commissioner shall be and remain at least 1 day per week such day
26 to be painted on the door of the commissioner's office and
27 printed or stamped on his stationery WITH THE NECESSARY BOOKS,
01117'97
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1 BLANKS, DOCUMENTS, STATIONERY, OFFICE SUPPLIES, AND WORD
2 PROCESSING, MAPPING AND ASSESSING EQUIPMENT TO FULFILL THE DUTIES
3 OF THIS ACT OR OTHER ACTS, ORDINANCES, OR RESOLUTIONS SPECIFYING
4 DUTIES TO BE PERFORMED BY THE DRAIN COMMISSIONER. THE DRAIN
5 COMMISSIONER'S OFFICE SHALL FURNISH TO ANY PERSON, WHO MAY SO
6 DESIRE, DOCUMENTS AS MAY BE REQUIRED TO IMPLEMENT THE PROCEDURES
7 OF THIS ACT, AND THE DRAIN COMMISSIONER MAY ASSIST IN THE PREPA-
8 RATION OF SUCH DOCUMENTS AS MAY BE REQUIRED TO IMPLEMENT THE PRO-
9 CEDURES OF THIS ACT. THE OFFICE OF THE COMMISSIONER SHALL BE
10 FURNISHED AT THE EXPENSE OF THE COUNTY BOARD OF COMMISSIONERS AND
11 SHALL BE MAINTAINED AT THE COUNTY SEAT.
12 Sec. 28. (1) Each SUBJECT TO SUBSECTION (2), A DRAIN com-
13 missioner shall receive an annual salary to be paid at other
14 county officers are paid, the AND FRINGE BENEFITS AS DETERMINED
15 BY THE COUNTY BOARD OF COMMISSIONERS. THE amount of the salary
16 to AND FRINGE BENEFITS SHALL be fixed by the county board of
17 commissioners before November 1 of each year AND SHALL BE PAID in
18 the same manner as the salaries AND FRINGE BENEFITS of other
19 county officers are fixed AND PAID. The salary AND FRINGE
20 BENEFITS may be increased but shall not be decreased during his
21 or her THE term of office , and in addition, each commissioner
22 shall be allowed OR SUCCESSIVE TERMS. THE COUNTY SHALL PAY A
23 DRAIN COMMISSIONER FOR his or her actual necessary expenses,
24 including traveling expenses incurred in the discharge of the
25 duties of the office. , including all actual and necessary
26 expense for clerk hire and recording by the county board of
27 commissioners or board of county auditors to be paid by the
01117'97
21
1 county. The expense account shall be an itemized account. and
2 verified by oath taken before a proper officer. The amounts paid
3 to the commissioner for salary and expenses shall be in full for
4 all services rendered by the commissioner and all expenses
5 incurred in the performance of the duties of the office.
6 (2) Notwithstanding subsection (1), for IF a county
7 which has a county officers compensation commission, the com-
8 pensation for each THE county drain commissioner shall be
9 determined by that commission UNDER 1978 PA 485, MCL 45.471 TO
10 45.477. A change in compensation for a county drain commis-
11 sioner of a county which has a county officers compensation com-
12 mission shall commence at the beginning of the first odd numbered
13 year after the determination is made by the county officers com-
14 pensation commission and is not rejected.
15 Sec. 29. The county shall furnish the commissioner with all
16 necessary OF THE FOLLOWING:
17 (A) NECESSARY books and papers for use in the survey. , and
18 such office equipment as shall be necessary in making
19 (B) OFFICE EQUIPMENT NECESSARY TO MAKE profiles, blueprints,
20 and specifications in any drainage district. The surveyor or
21 engineer shall file with the commissioner all
22 (C) ADEQUATE SPACE AND FACILITIES TO FILE, PRESERVE, AND
23 RETAIN field notes, blueprints, profiles, estimates, and all
24 other papers in his possession relating to said drain THE
25 DRAINS. The COUNTY board of supervisors of any county
26 COMMISSIONERS may employ an engineer who shall perform under this
01117'97
22
1 act the services required to be performed by an engineer or
2 surveyor AS MAY BE DIRECTED BY THE DRAIN COMMISSIONER.
3 Sec. 30. It shall be the duty of each commissioner to make
4 and keep A DRAIN COMMISSIONER SHALL MAINTAIN a full financial
5 statement of each drainage district. The commissioner shall also
6 make and keep in his THE COMMISSIONER'S office in a book to be
7 provided for that purpose a complete record of each drainage
8 district. , which THE record shall include a copy of the appli-
9 cation for laying out and designating such THE district, of the
10 petition for the drain, of the minutes of the survey, of the
11 releases of the right of way where the same have been released,
12 of the orders of determination of the necessity for and of the
13 establishment of the drain, and of the apportionment and assess-
14 ment of benefits therefor . Where special commissioners have
15 been called, it shall also contain a copy of the application to
16 the probate court, of the return of the special commissioners
17 and of all other papers in his THE office necessary to show a
18 complete history of each drainage district, all of which said
19 original papers shall then be enrolled and filed in the office of
20 the county drain commissioner. No drain tax shall be spread
21 until all the records required have been deposited and filed in
22 the office of the county drain commissioner.
23 Sec. 31. (1) Each IF REQUESTED BY THE COUNTY BOARD OF
24 COMMISSIONERS, A DRAIN commissioner shall make a report to the
25 county board of commissioners at its annual meeting in October of
26 the drainage districts laid out , AND the drains constructed,
27 finished, or begun under his or her supervision during the year
01117'97
23
1 ending October 1, and the commissioner shall also submit to
2 the board a full financial statement of each drainage district.
3 THE REPORTS ARE INTENDED TO BE ADVISORY AND NOT A PREREQUISITE TO
4 THE SPREAD OF ANY ASSESSMENTS UNDER THIS ACT. THE FAILURE TO
5 SUBMIT A REPORT SHALL NOT CONSTITUTE A DEFECT IN VALIDATING ANY
6 DRAIN PROCEEDING OR TAX OR BOTH. If authorized by resolution of
7 the county board of commissioners, the report shall be made
8 before April 2 of each year and shall cover the preceding calen-
9 dar year. The commissioner shall also make reports and furnish
10 information as required by the director of the department of
11 agriculture.
12 (2) The reports required by subsection (1) shall include an
13 itemized statement of the orders issued on account of each drain-
14 age district and a debit and credit balance of the district
15 fund. The commissioner shall be IS liable on the blanket bond
16 or his or her individual bond for gross neglect of duty or a mis-
17 application of money coming under his or her control as
18 commissioner.
19 Sec. 32. The COUNTY board of supervisors COMMISSIONERS of
20 each county having a drain commissioner may adopt a resolution
21 authorizing the county to enter into an agreement with the secre-
22 tary of health, education and welfare pursuant to the provisions
23 of Act No. 205 of the Public Acts of 1951, as amended, being sec-
24 tions 38.851 to 38.870 of the Compiled Laws of 1948, THE DEPART-
25 MENT OF HEALTH AND HUMAN SERVICES UNDER 1951 PA 205, MCL 38.851
26 TO 38.871, to allow the drain commissioner and all the employees
27 of the drain commissioner's office to obtain the benefits
01117'97
24
1 provided by the federal social security act, CHAPTER 531,
2 49 STAT. 620. The funds necessary for this coverage shall be
3 appropriated from the county general fund. or from the revolving
4 drain fund.
5 Sec. 33. (1) The salary of the commissioner, deputy commis-
6 sioners, and clerks and employees of the drain commissioner's
7 office shall, except as otherwise provided in this act, be paid
8 from the general fund of the county in the same manner and at the
9 same time as other county employees are paid.
10 (2) The drain commissioner may, with the approval of the
11 county board of commissioners, hire drain maintenance employees.
12 Such drain DRAIN maintenance employees shall be considered
13 ARE county employees and shall be compensated from the general
14 fund of a county in the same manner and at the same time as other
15 county employees. SUCH DRAIN MAINTENANCE EMPLOYEES SHALL BE IN
16 ADDITION TO AND NOT TO BE SUBSTITUTED FOR DRAIN MAINTENANCE
17 EMPLOYEES PAID FOR BY THE GENERAL FUND AT THE TIME OF THE EFFEC-
18 TIVE DATE OF THE AMENDATORY ACT THAT ADDED SECTION 329.
19 (3) The general fund of a county shall be reimbursed by the
20 drain districts in which work is performed by drain maintenance
21 employees hired by the commissioner pursuant to subsection (2)
22 for compensation, including the cost of fringe benefits, paid to
23 the drain maintenance employees by the county from its general
24 fund. The county board of commissioners may waive the reimburse-
25 ment for emergency work not exceeding $800.00 performed on any
26 1 drain during the course of 1 year.
01117'97
25
1 SEC. 34. (1) A PERSON SHALL NOT DISCHARGE INTO, MAKE A
2 CONNECTION TO, OR CONSTRUCT A CROSSING OF ANY ESTABLISHED COUNTY
3 OR INTERCOUNTY DRAINS WITHOUT THE REVIEW AND APPROVAL OF THE
4 DRAIN COMMISSIONER OR DRAINAGE BOARD. THE DRAIN COMMISSIONER OR
5 DRAINAGE BOARD MAY ADOPT AND PUBLISH RULES WITH REGARDS TO DIS-
6 CHARGES AND CONNECTIONS TO COUNTY OR INTERCOUNTY DRAINS OR CROSS-
7 INGS OF COUNTY OR INTERCOUNTY DRAINS. THE RULES MAY INCLUDE A
8 SCHEDULE OF FEES TO BE CHARGED FOR THE REVIEW AND INSPECTION OF
9 ANY DISCHARGES, CONNECTIONS, OR CROSSINGS AND PENALTIES FOR
10 NONCOMPLIANCE. THE RULES AND SCHEDULE OF FEES SHALL NOT TAKE
11 EFFECT UNLESS APPROVED BY THE COUNTY BOARD OF COMMISSIONERS OF
12 THE COUNTY OR COUNTIES AFFECTED. THE FEES SHALL BE DEPOSITED IN
13 A REVOLVING FUND AND USED FOR REVIEWS AND INSPECTIONS AS SPECI-
14 FIED IN THE RULE. IF THE REVOLVING FUND IS NOT SUFFICIENT TO
15 COVER EXPENSES FOR THE REVIEWS AND INSPECTIONS, THE EXPENSES
16 SHALL BE PAID FROM THE COUNTY GENERAL FUND.
17 (2) THE DRAIN COMMISSIONER MAY ESTABLISH RULES AND SCHEDULE
18 OF FEES FOR OTHER REVIEWS AND INSPECTIONS REQUIRED OF THE DRAIN
19 COMMISSIONER'S OFFICE BY THE COUNTY BOARD OF COMMISSIONERS BY
20 OTHER STATUTE, INCLUDING BUT NOT LIMITED TO THE LAND DIVISION
21 ACT, 1967 PA 288, MCL 560.101 TO 560.293, THE MOBILE HOME COMMIS-
22 SION ACT, 1987 PA 96, MCL 125.2301 TO 125.2349, AND THE CONDOMIN-
23 IUM ACT, 1978 PA 59, MCL 559.101 TO 559.275. THE FEES SHALL BE
24 DEPOSITED IN A REVOLVING FUND UNDER SUBSECTION (1).
25 Sec. 51. Before a commissioner takes any action on any
26 application A COMMISSIONER SHALL NOT ACT ON A PETITION to
27 locate, establish, and construct any A drain, there shall
01117'97
26
1 first be filed with him UNLESS an application to lay out and
2 designate a drainage district with reference to a proposed drain
3 therein; such application shall AND tentatively describe
4 DESCRIBING the location and route of such THE proposed drain IS
5 FILED WITH THE COMMISSIONER. The application shall be signed by
6 not less than 10 freeholders of the township or townships in
7 which such proposed drain or the proposed lands to be drained
8 thereby may be situated: Provided, That 5 or more of said sign-
9 ers shall be the owners of land liable to an assessment for the
10 construction of such proposed drain: Provided further, If it
11 shall appear to the drain commissioner on filing an application
12 to lay out and designate a drainage district that said district
13 might not include 20 freeholders whose lands would be liable for
14 such assessment, in such case such application shall be received
15 if any one of the signers is a freeholder liable to an assessment
16 for the construction of such proposed drain. 5 LANDOWNERS IN THE
17 DRAINAGE DISTRICT WHOSE LANDS WOULD BE LIABLE TO ASSESSMENT FOR
18 BENEFITS OR AT LEAST 50% OF THE LANDOWNERS IF THERE ARE LESS THAN
19 5 LANDOWNERS WHOSE LANDS WOULD BE LIABLE FOR ASSESSMENT OR MAY BE
20 SIGNED BY LANDOWNERS REPRESENTING 25% OF THE LAND AREA LIABLE FOR
21 ASSESSMENT. The eligibility of the signers to such application
22 shall be determined by the drain commissioner according to their
23 interest of record in the office of the register of deeds, in the
24 probate court, or in the circuit court of the county in which
25 such lands are situated at the time such application is filed.
26 The board of supervisors, by resolution, may instruct the drain
27 commissioner to refuse any application to lay out a drainage
01117'97
27
1 district unless a cash deposit, sufficient to cover the
2 preliminary costs, accompanies the application. THE DRAIN COM-
3 MISSIONER MAY REQUIRE A CASH DEPOSIT, SUFFICIENT TO COVER THE
4 PRELIMINARY COSTS TO ESTABLISH THE DISTRICT, TO ACCOMPANY THE
5 APPLICATION AND MAY REFUSE TO ACCEPT SUCH APPLICATION WITHOUT A
6 CASH DEPOSIT. If the drain is completed, the cost advanced shall
7 be returned to the depositor or his A personal representative
8 out of the first tax collections on the drain. If uncompleted,
9 any excess above costs shall be so returned. In lieu INSTEAD
10 of an application signed by freeholders LANDOWNERS as afore-
11 said, such an application may be signed solely by the board of
12 health of the county A MUNICIPALITY IF AUTHORIZED BY ITS GOVERN-
13 ING BODY, if the proposed drain is necessary for the public
14 health of any part of the county, or may be signed solely by any
15 city, village or township when duly authorized by its governing
16 body, if the proposed drain is necessary for the public health of
17 such THE municipality and if such THE municipality will be
18 liable for an assessment at large against it for a percentage of
19 the cost of the proposed drain. The entry of an order designat-
20 ing a drainage district , as hereinafter provided, UNDER
21 SECTION 54 shall be considered a determination of the sufficiency
22 of such application.
23 Sec. 52. Upon filing of such IF AN application for a new
24 drainage district IS FILED, the commissioner shall immediately
25 cause a survey to be made by a competent surveyor or engineer
26 to determine the area which THAT would be drained by the
27 proposed drain. , and THE COMMISSIONER SHALL ALSO CAUSE the
01117'97
28
1 route and type of construction of the drain or drains most
2 serviceable for that purpose TO BE DETERMINED BY AN ENGINEER.
3 He shall not be THE ENGINEER IS NOT limited in such determina-
4 tion to the route described in the application. In any county
5 having a board of county auditors, no survey shall be ordered
6 without the approval of such board but if IF the application
7 shows, or it is determined thereafter, that any such proposed
8 drainage district will affect lands in more than 1 county, the
9 commissioner shall proceed under the portions of chapter 5. of
10 this act relating to intercounty drains, and in such case the
11 approval of the board of county auditors shall not be required.
12 If upon the survey, or if before the survey is made, the commis-
13 sioner determines that the proposed drain is impractical, he
14 THE COMMISSIONER shall NOT take no further action thereon ON
15 THE DRAIN but shall, in writing, notify the persons who
16 delivered FILED the application to him, of that fact, and his
17 reasons for making his determination OF THE COMMISSIONER'S
18 DETERMINATION AND THE REASONS THEREFORE. If upon the survey AND
19 DETERMINATION OF THE ROUTE AND TYPE OF CONSTRUCTION the commis-
20 sioner determines the proposed drain to be practical, he THE
21 COMMISSIONER shall lay out a drainage district, prepare and file
22 in the office of the drain commissioner a description of the
23 drainage district, which may be described by its boundaries of
24 highways and streets and OR BY A DESCRIPTION OF ALL OF THE
25 tracts and parcels of land including therein all highways and
26 streets, townships, cities, and villages, or by a description of
27 all tracts or parcels of land , highways, townships, cities and
01117'97
29
1 villages IDENTIFIED BY LEGAL DESCRIPTION OR TAX CODE PARCEL
2 NUMBER which would be benefited by the construction of the pro-
3 posed drain, and which would be liable to an assessment therefor,
4 should the drain be constructed as hereinafter provided. The
5 commissioner shall obtain from the county treasurer a statement
6 showing as near as may be the amount of taxes and special assess-
7 ments levied against the lands in the proposed drainage district
8 on the tax rolls for the 3 years next preceding, and the amount
9 of such taxes and assessments remaining unpaid, and if it appears
10 from the statement that 33 1/3% or more of the lands in the pro-
11 posed drainage district have been returned as tax delinquent and
12 still remain delinquent, no THE COMMISSIONER SHALL NOT TAKE
13 further action shall be taken ON THE DRAIN.
14 Sec. 53. (1) The surveyor or engineer authorized to make
15 the survey shall ascertain the size and depth of the drains.
16 and he shall preserve all minutes with reference thereto. He
17 THE ENGINEER shall prepare preliminary plans, drawings, and pro-
18 files thereof OF THE DRAIN, together with a computation of the
19 yards of earth to be excavated, the amount of tile or pipe to be
20 used and the necessary bridges and culverts or fords DESCRIPTION
21 OF THE NATURE AND TYPE OF CONSTRUCTION INCLUDING THE NECESSARY
22 CROSSINGS, STRUCTURES, AND FACILITIES to be built in constructing
23 such THE proposed drain , and his AN estimate of the cost
24 of such construction. , and where practicable shall recommend
25 the leveling of the spoil banks. He shall thereupon lay out a
26 drainage district, which district may be described by its
27 boundaries of streets or highways or tracts or parcels of land,
01117'97
30
1 or by a description of all tracts or all parcels of land,
2 including therein all highways, townships, counties, cities and
3 villages which would be benefited by the construction of the pro-
4 posed drain, all of which he shall deliver to the commissioner.
5 The surveyor or engineer shall not be IS NOT limited to the
6 route described in the application but may recommend a route and
7 type of construction for the DRAIN OR drains he considers
8 CONSIDERED most serviceable for draining the area involved. THE
9 ENGINEER OR SURVEYOR SHALL LAY OUT A PROPOSED DRAINAGE DISTRICT,
10 WHICH DISTRICT MAY BE DESCRIBED BY ITS BOUNDARIES OR BY A
11 DESCRIPTION OF TRACTS OR PARCELS OF LAND AS SPECIFIED IN SECTION
12 52, ALL OF WHICH SHALL BE THEN DELIVERED TO THE COMMISSIONER.
13 (2) THE ENGINEER OR OTHER QUALIFIED PROFESSIONAL, AT THE
14 DIRECTION OF THE COMMISSIONER, MAY ALSO EVALUATE THE EFFECTS OF
15 THE PROPOSED PROJECT ON NATURAL RESOURCES AND RECOMMEND APPROPRI-
16 ATE PRACTICAL MEASURES TO MINIMIZE ADVERSE EFFECTS.
17 Sec. 54. (1) The commissioner shall prepare and file in
18 his OR HER office his THE order designating a drainage
19 district. and give it THE ORDER SHALL GIVE THE DRAINAGE
20 DISTRICT a name or number and describe therein the boundaries
21 of the district by streets or highways or parcels of land for
22 each of the several tracts or parcels of land included therein
23 and the counties, townships, cities, villages, and state trunk
24 line highways which would be benefited by the construction of the
25 drains and would be liable to assessment therefor. , also a
26 description of the drains as determined by him, showing THE
27 COMMISSIONER SHALL ALSO PREPARE AND FILE IN HIS OR HER OFFICE the
01117'97
31
1 beginning, route, terminus, type of the proposed construction,
2 and the estimated cost of such proposed construction. The com-
3 missioner shall give notice of filing the order designating a
4 drainage district by publishing a notice in a newspaper of gen-
5 eral circulation in the county, or a newspaper of general circu-
6 lation in the area where the drainage district boundaries are
7 located , which THE notice shall give a general description of
8 the route of the proposed drain or drains and of the drainage
9 district as shown by the order.
10 (2) At any time after the order designating a drainage dis-
11 trict and giving it a name or number has been filed in the office
12 of the drain commissioner, the order may be amended as to THE
13 DRAIN COMMISSIONER MAY AMEND THE ORDER BY CHANGING the name or
14 number of the drain at any time by presenting to the drain com-
15 missioner of the county OR THE BOUNDARIES OF THE DISTRICT IF
16 THERE IS FILED WITH THE DRAIN COMMISSIONER A CERTIFICATION FROM
17 AN ENGINEER OR SURVEYOR OR a petition signed by no NOT less
18 than 5 land owners LANDOWNERS whose land is traversed by the
19 drain, which petition shall state STATING the then present name
20 or number of the drain and the change or changes to be made in
21 the name or number OF THE DRAIN OR THE BOUNDARIES OF THE
22 DISTRICT. Upon receipt of such petition, and if IF in the
23 drain commissioner's opinion it is to the best interest of all
24 concerned that the name or number OF THE DRAIN OR THE LANDS be
25 changed, he OR SHE shall make his AN order amending the name,
26 or number, OR DISTRICT BOUNDARIES, and thereafter the drainage
27 district shall be known by such THE name or number AND THE
01117'97
32
1 BOUNDARY SHALL BE AS SET FORTH IN THE AMENDED ORDER. The drain
2 commissioner shall forthwith post such signs upon the drain as he
3 may deem advisable for public notice of the new name or number.
4 Sec. 71. (1) After a drainage district has been IS estab-
5 lished and the order therefor DESIGNATING THE DISTRICT IS filed
6 with the county drain commissioner, a petition to locate,
7 establish, and OR construct a drain may be filed with the com-
8 missioner having jurisdiction of the lands designated in such
9 order as constituting the drainage district. Such OF THE COUNTY
10 WHERE THE DISTRICT IS LOCATED. THE petition shall ask for the
11 location, establishment, and construction of the drain or drains,
12 or any part thereof, as described in said THE order.
13 (2) The petition shall be signed by a number of
14 freeholders 5 LANDOWNERS in said THE drainage district whose
15 lands would be liable to an assessment for benefits , equal to
16 1/2 the number of freeholders whose lands would be traversed by
17 the drain or drains applied for or abut on any highway or street
18 along the side of which such drain extends, between the point
19 where such drain enters such highway and the point where it
20 leaves such highway and which lands are within the drainage
21 district OR AT LEAST 50% OF THE LANDOWNERS IF THERE ARE LESS
22 THAN 5 LANDOWNERS WHOSE LANDS WOULD BE LIABLE FOR ASSESSMENT OR
23 MAY BE SIGNED BY LANDOWNERS REPRESENTING 25% OF THE LAND AREA
24 LIABLE TO ASSESSMENT. Such THE petition shall be accompanied
25 by a description OR TAX PARCEL CODE of the land in said THE
26 district owned by each signer and by a certificate of the county
27 treasurer as to payment of taxes and special assessments against
01117'97
33
1 such THE lands. Such certificate shall be in substantially the
2 following form:
3 I hereby certify that there are no taxes or special assess-
4 ments unpaid against any of the lands described in the annexed
5 list according to the records of the county treasurer's office
6 for the past 3 years, except as follows:
7
8 Description Year Tax or assessment Amount
9 ................. ............ ..................... ........
10 (3) The name of any signer as to whose land such THE cer-
11 tificate shows taxes or assessments unpaid for 3 years shall not
12 be counted. The eligibility of the PETITION signers to such
13 petition shall be determined by the commissioner according to
14 their interest of record in the office of the register of deeds,
15 in the probate court, or the circuit court of the county in
16 which such THE lands are situated at the time such WHEN THE
17 petition is filed. In determining the number of owners whose
18 lands are traversed by such drain, or abut thereon as hereinbe-
19 fore prescribed, the drain commissioner shall investigate the
20 records of the register of deeds, of the probate court and of the
21 circuit court of the county, and shall make diligent inquiry in
22 the community, including inquiry of anyone in possession of all
23 of such lands so traversed or so abutting as to the ownership
24 thereof. In lieu of a petition signed by freeholders as afore-
25 said, the petition may be signed solely by a city, village or
26 township when duly authorized by its governing body, or by any
27 combination of such municipalities, if such petitioning
01117'97
34
1 municipality or municipalities IF AUTHORIZED BY THEIR RESPECTIVE
2 GOVERNING BODIES, THE PETITION MAY INSTEAD BE SIGNED BY 1 OR MORE
3 MUNICIPALITIES THAT will be liable to assessments at large for
4 at least a percentage of the total amount to be assessed for
5 ALL OR PART OF the cost of the proposed drain. In the event of
6 such a municipally signed petition, then the foregoing provisions
7 of this section, other than the first 2 sentences thereof, shall
8 not be applicable.
9 Sec. 72. (1) As soon as practicable after the filing of a
10 petition, the commissioner authorized to act on the petition, if
11 not disqualified under section 381 to make the apportionment of
12 benefits, may appoint a board of determination composed of 3 dis-
13 interested property owners. If the commissioner is disqualified
14 or chooses not to appoint the board of determination, the commis-
15 sioner shall immediately file a copy of the petition with the
16 chairperson of the county board of commissioners, together with a
17 statement signed by the commissioner, showing that he or she is
18 disqualified or chooses not to act in appointing a board of
19 determination. Upon receiving a copy of the petition and certif-
20 icate, the chairperson of the county board of commissioners, if
21 not privately interested, as soon as practicable, shall appoint a
22 board of determination composed of 3 disinterested property
23 owners and shall immediately notify the drain commissioner of the
24 names and addresses of those appointed. If the chairperson of
25 the COUNTY board of commissioners has a private interest in the
26 proceedings, the drain FINANCE committee of the county board of
27 commissioners shall appoint the board of determination. Members
01117'97
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1 of boards of determination shall be residents of the county but
2 not of a township, city, or village affected by the drain, and
3 may SHALL not be members of the county board of commissioners
4 of the county.
5 (2) A meeting of the board of determination shall be called
6 within the drainage district at a convenient place to be desig-
7 nated by the drain commissioner. The board of determination
8 meeting also may be held at a public building within the city,
9 village, or township in which the drain is located. If 1 of
10 those appointed to the board of determination fails or refuses to
11 serve OR IS DISQUALIFIED, the drain commissioner, THE COUNTY
12 BOARD OF COMMISSIONERS, OR THE FINANCE COMMITTEE OF THE COUNTY
13 BOARD OF COMMISSIONERS, WHICHEVER APPOINTED HIM OR HER, shall
14 appoint a successor.
15 (3) The per diem compensation, mileage, and expenses of a
16 member of the board of determination shall be PAID IN the same
17 AMOUNT AND MANNER as FOR A MEMBER OF the county board of commis-
18 sioners of the county. In counties where A COUNTY IN WHICH
19 MEMBERS OF THE COUNTY BOARD OF commissioners are not paid on a
20 per diem basis, the compensation, mileage, and expenses shall be
21 fixed by the drain commissioner. The members of the board of
22 determination shall not receive more than 1 per diem for a day no
23 matter how many separate matters are considered on that day.
24 (4) Upon request, the county drain commissioner shall inform
25 in writing the requesting state legislator who represents that
26 portion of the area in which the proposed drain improvement is to
01117'97
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1 be constructed of the names and addresses of the persons
2 appointed to a board of determination.
3 (2) The drain commissioner shall give public notice of the
4 time, date, and place of the meeting of the board of determina-
5 tion in the manner required by the open meetings act, Act No. 267
6 of the Public Acts of 1976, as amended, being sections 15.261 to
7 15.275 of the Michigan Compiled Laws, and by publication in a
8 newspaper of general circulation in the county at least 10 days
9 before the meeting. Notice also shall be served on the county
10 clerk and on the clerk of each township, city, and village in the
11 district, personally or by registered mail, at least 10 days
12 before the meeting. The drain commissioner also shall send
13 notice, by first class mail, of the time, date, and place of the
14 meeting, to each person whose name appears on the last city, vil-
15 lage, or township tax assessment roll as owning land within the
16 special assessment district, at the address shown on the roll.
17 (5) NOTICE OF THE MEETING OF THE BOARD OF DETERMINATION
18 SHALL BE GIVEN IN THE MANNER PROVIDED IN SECTION 8. NOTICE SHALL
19 BE SENT TO EACH PERSON OR ENTITY AS NAMED ON THE LAST CITY, VIL-
20 LAGE, OR TOWNSHIP TAX ASSESSMENT ROLL AT THE ADDRESS SHOWN ON THE
21 ROLL. If an address does not appear on the roll, a notice need
22 not be mailed. to the person. The drain commissioner OR THE
23 COMMISSIONER'S DESIGNEE shall make an affidavit of the mailing
24 and shall recite in the affidavit that the persons to whom the
25 notice was mailed constitute all of the persons whose names and
26 addresses appear upon the tax rolls as owning land within the
27 particular special assessment district. The affidavit shall be
01117'97
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1 conclusive proof that notice was mailed to each person to whom
2 notice is required to be mailed pursuant to this section. The
3 failure to receive a notice by mail shall DOES not constitute a
4 jurisdictional defect invalidating a drain proceeding or tax ,
5 or both, if notice has been sent by first class FIRST-CLASS
6 mail as provided in this section. Expenses of notification shall
7 be paid by the drainage district. when created.
8 (6) (3) At the time and place fixed in the notice, the
9 board of determination shall meet, elect a chairperson and secre-
10 tary, and proceed to determine the necessity of the proposed
11 drain and whether the drain is conducive to public health, conve-
12 nience, or welfare. The board of determination, if it considers
13 it necessary, shall require the county drain commissioner to THE
14 DRAIN COMMISSIONER OR THE DEPUTY DRAIN COMMISSIONER SHALL ATTEND
15 THE MEETING OF THE BOARD OF DETERMINATION. IF CONSIDERED NECES-
16 SARY, THE DRAIN COMMISSIONER SHALL obtain from the county trea-
17 surer a statement showing the amount of taxes and special assess-
18 ments levied against the land in the proposed drainage district
19 on the tax rolls for the immediately preceding 3 years and the
20 amount of the taxes and assessments remaining unpaid. If it
21 appears from the statement that 25% or more of the taxes are
22 unpaid on the lands, further action shall not be taken. AT THE
23 MEETING, THE BOARD OF DETERMINATION SHALL RECEIVE TESTIMONY AND
24 EVIDENCE TO DETERMINE WHETHER OR NOT THE DRAIN IS NECESSARY AND
25 CONDUCIVE TO THE PUBLIC HEALTH, CONVENIENCE, OR WELFARE. IF THE
26 BOARD OF DETERMINATION DETERMINES THAT ADDITIONAL INFORMATION IS
27 NEEDED BEFORE THE DETERMINATION OF NECESSITY CAN BE MADE, THE
01117'97
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1 BOARD OF DETERMINATION MAY RECESS THE MEETING TO ALLOW FOR
2 ADDITIONAL INFORMATION TO BE GATHERED. THE COSTS INCURRED FOR
3 THE GATHERING OF THE ADDITIONAL INFORMATION AND ANY SUBSEQUENT
4 NOTICE SHALL BE ASSESSED TO THE DRAINAGE DISTRICT. FOLLOWING THE
5 COMPILATION OF THE REQUESTED INFORMATION, THE BOARD OF DETERMINA-
6 TION SHALL RECONVENE AFTER PROVIDING NOTICE AS REQUIRED BY SUB-
7 SECTION (5).
8 (7) After hearing the evidence offered, the board of deter-
9 mination shall make its determination on the necessity of the
10 drain and whether the drain is conducive to public health, conve-
11 nience, or welfare. THE DETERMINATION OF THE BOARD OF DETERMINA-
12 TION IS SOLELY FOR THE NECESSITY OF THE DRAIN. THE SCOPE OF THE
13 WORK TO BE UNDERTAKEN IS WITHIN THE SOLE AUTHORITY OF THE DRAIN
14 COMMISSIONER. If the board of determination finds, by a majority
15 vote of the members, that the drain is not necessary and condu-
16 cive to public health, convenience, or welfare, the board of
17 determination shall file with the commissioner an order dismiss-
18 ing the petition, PROCEDURES ARE TERMINATED, and a further peti-
19 tion for the drain shall not be entertained within 1 year after
20 the determination. COSTS INCURRED SHALL BE ASSESSED TO THE DIS-
21 TRICT AS IF IT HAD BEEN ESTABLISHED OR CONSTRUCTED. IF THE BOARD
22 OF DETERMINATION FINDS THAT THE PROPOSED DRAIN OR PROJECT IS NOT
23 NECESSARY, COSTS INCURRED FOR THE BOARD OF DETERMINATION, SURVEY-
24 ORS, ENGINEERS, AND ATTORNEYS EMPLOYED AND THE COSTS OF NOTICE
25 AND PUBLICATION SHALL BE PAID FROM THE GENERAL FUND OF THE
26 COUNTY. If the board of determination, by a majority vote, finds
27 the drain proposed to be OR PROJECT IS necessary and conducive
01117'97
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1 to the public health, convenience, or welfare, the board of
2 determination shall make an order to that effect and file the
3 order with the commissioner.
4 (8) If the board of determination finds that THE DRAIN
5 NECESSARY, IT SHALL ALSO DETERMINE IF ALL OR a portion of the
6 COSTS OF construction of the proposed drain OR PROJECT is neces-
7 sary for the protection of the public health in 1 or more cities,
8 villages, and townships. , the THE order shall set forth the
9 determination giving the names of the municipalities receiving
10 benefit for PUBLIC health. If the board of determination deter-
11 mines that the whole cost, except that to be levied against state
12 or county highways for highway benefits, is necessary for the
13 public health, the cost shall be levied against the townships,
14 villages, and cities MUNICIPALITIES at large, and it shall not
15 be IS NOT necessary, in a subsequent order or notice to describe
16 or refer to land included in or comprising the drainage
17 district. Upon filing of the order of determination by the board
18 of determination, the drain commissioner, within 10 days of
19 filing, shall notify each municipality that it is liable to pay a
20 percent of the cost of construction of the drain by reason of
21 benefits at large for public health. The governing body of the
22 township, city, or village MUNICIPALITY, within 20 days after
23 receipt of the notification by registered FIRST-CLASS mail from
24 the drain commissioner, may appeal the order of the board of
25 determination AS TO THE FINDING THAT ALL OR A PORTION OF THE
26 COSTS IS NECESSARY FOR PUBLIC HEALTH to the probate court having
27 jurisdiction in the county in which the township, city, or
01117'97
40
1 village MUNICIPALITY is located. Upon receipt of the order of
2 the board of determination, and if an appeal has not been taken
3 by a municipality to the probate court, the commissioner, after
4 20 days, shall make his or her THE first order of determination
5 in writing, giving the name or number of the drainage district.
6 The commissioner shall establish the commencement, route, termi-
7 nus, and type of construction of the drain. , a copy of which
8 order he or she shall file, within WITHIN 15 days, THE DRAIN
9 COMMISSIONER SHALL FILE A COPY OF THE ORDER in his or her
10 office. If an appeal is taken to the probate court by a munici-
11 pality, the commissioner shall file his or her THE first order
12 of determination after the appeal procedures are terminated.
13 (9) IF THE BOARD OF DETERMINATION FINDS THAT THE DRAIN IS
14 NECESSARY AND CONDUCIVE TO PUBLIC HEALTH, CONVENIENCE, AND WEL-
15 FARE, THE DRAIN COMMISSIONER MAY, AT THE TIME OF THE MEETING OF
16 THE BOARD OF DETERMINATION, OR SUBSEQUENTLY UPON DUE NOTICE, CON-
17 VENE A MEETING TO PROVIDE INFORMATION OR ELICIT TESTIMONY AND
18 EVIDENCE WITH REGARDS TO THE ROUTE AND TYPE OF CONSTRUCTION AND
19 ESTIMATE OF COST OF THE DRAIN TO ASSIST THE DRAIN COMMISSIONER IN
20 DETERMINING THE SCOPE OF THE DRAIN PROJECT TO BE UNDERTAKEN BY
21 THE COMMISSIONER OR DRAINAGE BOARD. THE MEETING IS FOR INFORMA-
22 TIONAL PURPOSES ONLY.
23 Sec. 72a. Whenever AFTER the board of determination finds
24 by majority vote of the whole number of members APPOINTED that
25 the drain is or is not necessary, any A person OR MUNICIPALITY
26 feeling aggrieved by the determination may institute an action in
27 the circuit court for the county in which the real property
01117'97
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1 DRAINAGE DISTRICT is located for a REVIEW OF THE determination.
2 of necessity. The action shall be filed by the person OR
3 MUNICIPALITY aggrieved within 10 days after the determination of
4 necessity or no necessity. by the board of determination. THE
5 PURPOSE OF THE CIRCUIT COURT REVIEW IS TO DETERMINE WHETHER THE
6 DECISION OF THE BOARD OF DETERMINATION WAS AUTHORIZED BY LAW AND
7 SUPPORTED BY SUBSTANTIAL, MATERIAL, AND COMPETENT EVIDENCE ON THE
8 WHOLE RECORD. THE REVIEW SHALL BE MADE ON THE RECORD PRESENTED
9 TO THE BOARD OF DETERMINATION AND NO ADDITIONAL TESTIMONY OR EVI-
10 DENCE SHALL BE OFFERED EXCEPT FOR PURPOSES OF CLAIM OF FRAUD OR
11 ERROR OF LAW.
12 Sec. 73. (1) The commissioner shall secure from a profes-
13 sional engineer, plans, specifications and an estimate of cost of
14 the proposed drain and descriptions of the lands or rights of way
15 needed for the proposed drain THE SERVICE OF AN ENGINEER. THE
16 ENGINEER SHALL BE SELECTED BASED ON HIS OR HER QUALIFICATIONS.
17 THE ENGINEER SHALL PREPARE PLANS, SPECIFICATIONS, AND AN ESTIMATE
18 OF COSTS OF THE PROPOSED DRAIN. THE COMMISSIONER SHALL SECURE
19 FROM AN ENGINEER OR SURVEYOR A DESCRIPTION OF THE LANDS OR RIGHTS
20 OF WAY NEEDED FOR THE PROPOSED DRAIN. In approving the route of
21 the drain as furnished by the engineers ENGINEER, the commis-
22 sioner shall not be IS NOT limited to that described in the
23 petition or in the first order of determination, if the new route
24 is more efficient and serviceable. The commissioner shall
25 endeavor to secure from the owners of each parcel or tract of
26 land to be traversed or damaged by the proposed drain or drains
01117'97
42
1 an easement or release of right of way and all damages on account
2 thereof.
3 (2) FOR ALL DRAINS LOCATED, ESTABLISHED, AND CONSTRUCTED
4 UNDER THIS CHAPTER, AFTER THE EFFECTIVE DATE OF THE AMENDATORY
5 ACT THAT ADDED THIS SUBSECTION, THE DRAIN COMMISSIONER SHALL
6 OBTAIN ANY PERMITS REQUIRED UNDER THE NATURAL RESOURCES AND ENVI-
7 RONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.101 TO 324.90106,
8 AND SHALL EVALUATE NATURAL RESOURCE IMPACTS OF THE PROPOSED DRAIN
9 AND IDENTIFY MEASURES TO MINIMIZE ADVERSE IMPACTS, PRIOR TO THE
10 CONSTRUCTION OF THE PROJECT. ALL COSTS ASSOCIATED WITH EVALUAT-
11 ING NATURAL RESOURCE IMPACTS AND IMPLEMENTING THE MEASURES TO
12 MINIMIZE THOSE IMPACTS SHALL BE THE RESPONSIBILITY OF THE DRAIN-
13 AGE DISTRICT. MEASURES THAT ARE INTENDED TO IMPROVE OR ENHANCE
14 NATURAL RESOURCES VALUES MAY BE INCLUDED AS PART OF THE DRAINAGE
15 PROJECT. THE DETERMINATION TO INCLUDE SUCH MEASURES IS WITHIN
16 THE DISCRETION OF THE DRAIN COMMISSIONER. THE FUNDING FOR THE
17 COSTS OF SUCH MEASURES MAY INCLUDE GIFTS, DONATIONS, GRANTS, AND
18 CONTRACTS PURSUANT TO SECTION 431, SPECIAL ASSESSMENTS OR ANY
19 COMBINATION THEREOF AS CONSIDERED APPROPRIATE BY THE DRAIN
20 COMMISSIONER.
21 (3) IF, AFTER THE RECIPIENT OF THE PLANS, SPECIFICATION,
22 ESTIMATE OF COST, AND DESCRIPTIONS OF THE LANDS OR RIGHTS OF WAY
23 NEEDED FOR THE PROPOSED DRAIN, THE COMMISSIONER DETERMINES THAT
24 THE PROJECT IS NOT PRACTICAL, THE COMMISSIONER SHALL NOTIFY THE
25 LANDOWNERS AND MUNICIPALITIES IN THE DISTRICT BY FIRST-CLASS MAIL
26 OF THE INTENT TO ABANDON THE PETITION. THE NOTICE SHALL SPECIFY
27 THE REASONS FOR THE PROPOSED ABANDONMENT. THE NOTICE SHALL ALSO
01117'97
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1 SPECIFY A TIME, DATE, AND PLACE FOR A PUBLIC HEARING TO HEAR
2 OBJECTIONS TO THE ABANDONMENT OF THE PETITION. AT THE PUBLIC
3 HEARING, THE COMMISSIONER SHALL ELICIT TESTIMONY AND EVIDENCE
4 WITH REGARDS TO THE PROPOSED ABANDONMENT. FOLLOWING THE RECEIPT
5 OF TESTIMONY, THE DRAIN COMMISSIONER SHALL DETERMINE WHETHER OR
6 NOT THE PETITION SHOULD BE ABANDONED. IF THE ABANDONMENT IS
7 DETERMINED TO BE PRACTICAL, THE COMMISSIONER SHALL ENTER AN ORDER
8 OF ABANDONMENT AND APPORTION ALL COSTS INCURRED TO THE DISTRICT
9 AS IF THE PROJECT HAD BEEN BUILT AND THE COSTS WILL BE SUBSE-
10 QUENTLY ASSESSED AND PAID AS PROVIDED IN CHAPTER 7. A DETERMINA-
11 TION TO ABANDON DOES NOT LIMIT THE RIGHT TO FILE ANOTHER
12 PETITION.
13 Sec. 74. THE COMMISSIONER SHALL ATTEMPT TO SECURE FROM THE
14 OWNERS OF EACH PARCEL OR TRACT OF LAND TO BE TRAVERSED BY THE
15 PROPOSED DRAIN OR DRAINS AN EASEMENT OR RELEASE OF RIGHT OF WAY
16 OR SIMILAR INTEREST TO ACCOMPLISH THE PROJECT AS OUTLINED IN THE
17 PLANS AND ALL DAMAGES ON ACCOUNT THEREOF. Commissioners A
18 COMMISSIONER may take acknowledgments of releases of right of way
19 and administer oaths in all proceedings in any way ANY
20 PROCEEDING pertaining to drains under this act. A simple form
21 of A DRAIN. A release of right of way and damages that shall
22 set forth by reference to the survey of the drain, or by other
23 convenient description, the particular SHALL DESCRIBE THE land
24 to be conveyed and SHALL BE signed and acknowledged by the person
25 having the right to convey. , shall be deemed a sufficient con-
26 veyance under the provisions of SUCH A CONVEYANCE IS SUFFICIENT
27 UNDER this act. All releases for rights of way shall be deemed
01117'97
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1 CONSIDERED to include sufficient ground on each side of the
2 center line of such THE drain for the deposit of the excava-
3 tions therefrom. It shall not be IF THE LANDOWNER IS A MARRIED
4 MAN OR WOMAN, IT IS NOT necessary for the HUSBAND OR wife to sign
5 the release of right of way unless HE OR she has an interest in
6 the land other than her AN inchoate right of dower. Whenever
7 IF a portion of a drain shall be IS located within any A
8 street, highway, or public place, then a resolution adopted by a
9 majority vote of the governing body having jurisdiction over
10 such THE street, highway, or public place granting leave to
11 construct such THE drain therein, designating the place to be
12 traversed by said THE drain, shall be IS a sufficient release
13 of the right of way, and shall be deemed a sufficient
14 conveyance under this act. , and said THE governing body may
15 permit the construction of an open drain if such THE consent
16 be IS set forth in such THE resolution.
17 Sec. 75. If all persons whose lands would be traversed or
18 damaged by the proposed drain or drains shall not have executed a
19 release of the right of way, and all damages on account thereof,
20 within 60 days after the entry of the first order of determina-
21 tion, the commissioner shall, as soon as practicable, make appli-
22 cation to the probate court of the county in which such lands are
23 situated, for the appointment of 3 special commissioners, who
24 shall be disinterested resident freeholders of the county, but
25 not of the township or townships affected by such drain, to
26 determine the necessity for the taking of private property for
27 the use and benefit of the public, and the just compensation to
01117'97
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1 be made therefor. Such application shall be in writing, and
2 shall set forth:
3 First, The fact that a petition for a drain was made and
4 when, filing with said court a certified copy of such petition,
5 also giving the route, survey and specifications of said drain as
6 set forth in the first order of determination;
7 Second, That an order determining the necessity for such
8 drain was made by the commissioner or drainage board, giving the
9 time when such order was made, in accordance with such route,
10 survey and specification, as above set forth;
11 Third, (1) The several descriptions or tracts of land with
12 the names of the owner or owners of every such tract who have
13 refused or neglected to execute a release of right of way and
14 damages in any way arising or incident to the opening or main-
15 taining the said proposed drain (2) the several descriptions or
16 tracts of land owned by any minor, incompetent person, unknown
17 persons or nonresidents of the township or townships, the execu-
18 tion of a release of right of way and damages for which have been
19 neglected or refused; (3) it shall not be necessary to set forth
20 in said application to the probate court the names of the several
21 owners nor the description of the several tracts or parcels of
22 land liable to an assessment for benefits, in case the drain
23 applied for should be located and established, except those who
24 have not released the right of way and through whose lands the
25 drain passes; nor shall the same be included in the citation
26 issued from the probate court. TO OBTAIN AN EASEMENT, RELEASE,
27 OR RIGHT OF WAY OR THE REQUIRED INTEREST IN THE PROPERTY, THE
01117'97
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1 DRAIN COMMISSIONER IS GRANTED THE POWER OF EMINENT DOMAIN AND MAY
2 COMMENCE CONDEMNATION PROCEEDINGS UNDER THE UNIFORM CONDEMNATION
3 AND PROCEDURES ACT, 1980 PA 87, MCL 213.51 TO 213.77.
4 Sec. 76. The court to whom such application is made shall
5 make an examination at the time of such application of all the
6 proceedings of the commissioner so far as had, and if such pro-
7 ceedings be found to be in accordance with the statute, such
8 court shall at once appoint a time and place of hearing upon the
9 application, which time shall be fixed not less than 15 nor more
10 than 40 days thereafter, and the court shall issue a citation to
11 all persons whose lands are traversed by such drain, who have not
12 released the right of way, and all damages on account thereof, to
13 appear at the time and place designated in said citation, and be
14 heard with respect to such application, if they so desire, and
15 show cause, if any there be, why said application should not be
16 granted, and any error or errors that may have been made in any
17 of the proceedings thus far had shall be raised and taken advan-
18 tage of at such time and before such court, and if not so raised
19 and taken advantage of at such time and before such court shall
20 be deemed to have been waived by all persons cited to appear
21 under this notice. If any person on whom such service is to be
22 made is a minor, under the age of 14 years, or an incompetent
23 person, and resides in this state, such service shall be made as
24 herein provided on his guardian, or if none, then on the person
25 who may for such purpose be appointed special guardian and also
26 on the person who has the care of, or with whom such minor or
27 incompetent person resides. In case any person whose lands are
01117'97
47
1 traversed by said drain is a minor or an incompetent person and
2 has no guardian, the said court or the judge of said court shall
3 appoint a special guardian, to appear for and attend to the
4 interests of such minor or incompetent person, and all notices to
5 be served in the progress of the proceedings shall be served on
6 such special guardian. THE OWNER OF ANY LAND OVER, THROUGH, OR
7 ACROSS WHICH A DISTRICT HAS ACQUIRED A RIGHT OF WAY FOR THE CON-
8 STRUCTION AND MAINTENANCE OF AN OPEN OR COVERED DRAIN BY GRANT,
9 DEDICATION, CONDEMNATION, OR OTHERWISE SHALL NOT USE THE LAND
10 OCCUPIED BY THE RIGHT OF WAY IN ANY MANNER INCONSISTENT WITH THE
11 EASEMENT OF THE DISTRICT. A USE OF THE RIGHT OF WAY THAT WILL
12 INTERFERE WITH THE OPERATION OF THE DRAIN OR WILL INCREASE THE
13 COST TO THE DISTRICT OF PERFORMING ANY OF ITS WORK THEREON IS
14 INCONSISTENT WITH THE DISTRICT'S EASEMENT. A LANDOWNER WHO VIO-
15 LATES THIS SUBSECTION IS SUBJECT TO SECTION 421.
16 Sec. 77. The citation shall recite so much of the premises
17 as will show jurisdiction, giving a description of the land
18 traversed by such drain, and in the case of resident owners who
19 reside upon the premises traversed by said drain shall be
20 addressed to such owners by name; in the case of nonresident
21 owner or owners not residing upon the land traversed, it shall be
22 addressed to the nonresident owner or owners, but it shall not be
23 necessary to name such owner or owners. It shall describe the
24 drain by its commencement, terminus and general course, and shall
25 set forth that land owned by the persons to whom it is addressed
26 will be crossed by such drain and may be subject to assessment
27 for its construction, and that a description and survey of such
01117'97
48
1 drain is on file with the court issuing such citation and
2 describe the land to be taken. A CERTIFICATE, REPORT, OR DETER-
3 MINATION AUTHORIZED OR REQUIRED BY THIS CHAPTER, OR THE RECORD
4 THEREOF, OR A CERTIFIED COPY OF ANY SUCH CERTIFICATE, REPORT, OR
5 DETERMINATION OR RECORD, IS PRIMA FACIE EVIDENCE OF THE FACTS
6 RECITED THEREIN, OF THE TITLE TO THE PROPERTY DESCRIBED OR
7 REFERRED TO, AND OF THE RIGHT OF THE DRAINAGE BOARD OR COMMIS-
8 SIONER TO TAKE THE PROPERTY FOR DRAIN PURPOSES.
9 Sec. 101. Before any action is taken on any A COMMIS-
10 SIONER SHALL NOT ACT ON A petition to locate, establish, and OR
11 construct any A drain , which proposed drain THAT will
12 traverse lands in more than 1 county, or affect more than 1
13 county, there shall first be filed with the commissioner having
14 jurisdiction of any such lands UNLESS an application to lay out
15 and designate a drainage district with reference to a proposed
16 drain therein; such application shall AND tentatively describe
17 DESCRIBING the location and route of such THE proposed drain IS
18 FILED WITH A COMMISSIONER IN 1 OF THE COUNTIES. The application
19 shall be signed by a number of freeholders in said drainage dis-
20 trict whose lands would be liable to an assessment for benefits,
21 equal to 50% of any of the freeholders whose lands would be
22 traversed by the drain or drains applied for or abut on any high-
23 way or street along the side of which such drain extends, between
24 a point where such drain enters such highway and the point where
25 it leaves such highway and which lands are within the drainage
26 district 5 LANDOWNERS IN THE INTERCOUNTY DRAINAGE DISTRICT WHOSE
27 LANDS WOULD BE LIABLE TO ASSESSMENT FOR BENEFITS OR AT LEAST 50%
01117'97
49
1 OF THE LANDOWNERS IF THERE ARE LESS THAN 5 LANDOWNERS WHOSE LANDS
2 WOULD BE LIABLE FOR ASSESSMENT OR MAY BE SIGNED BY LANDOWNERS
3 REPRESENTING 25% OF THE LAND AREA LIABLE TO ASSESSMENT. The eli-
4 gibility of the signers to such THE application shall be deter-
5 mined by THE DRAIN COMMISSIONER ACCORDING TO their interest of
6 record in the office of the register of deeds, in the probate
7 court, or in the circuit court of the county in which such THE
8 lands are situated at the time such petition WHEN THE
9 APPLICATION is filed. THE DRAIN COMMISSIONER MAY REQUIRE A CASH
10 DEPOSIT, SUFFICIENT TO COVER THE PRELIMINARY COSTS TO ESTABLISH
11 THE DISTRICT, TO ACCOMPANY THE APPLICATION AND MAY REFUSE TO
12 ACCEPT THE APPLICATION WITHOUT A CASH DEPOSIT. IF THE DRAIN IS
13 COMPLETED, THE COST ADVANCED SHALL BE RETURNED TO THE DEPOSITOR
14 OR HIS OR HER PERSONAL REPRESENTATIVE OUT OF THE FIRST TAX COL-
15 LECTIONS ON THE DRAIN. IF THE DRAIN IS NOT COMPLETED, ANY EXCESS
16 ABOVE COSTS SHALL BE SO RETURNED. INSTEAD OF BEING SIGNED BY
17 LANDOWNERS, AN APPLICATION MAY BE SIGNED SOLELY BY A MUNICIPALITY
18 IF AUTHORIZED BY ITS GOVERNING BODY, IF THE PROPOSED DRAIN IS
19 NECESSARY FOR THE PUBLIC HEALTH OF SUCH MUNICIPALITY, AND IF THE
20 MUNICIPALITY WILL BE LIABLE FOR AN ASSESSMENT AT LARGE AGAINST IT
21 FOR A PERCENTAGE OF THE COST OF THE PROPOSED DRAIN. THE ENTRY OF
22 AN ORDER DESIGNATING A DRAINAGE DISTRICT UNDER SECTION 105 SHALL
23 BE CONSIDERED A DETERMINATION OF THE SUFFICIENCY OF THE
24 APPLICATION.
25 Sec. 102. Upon filing of such application NOT MORE THAN
26 20 DAYS AFTER AN APPLICATION IS FILED, the commissioner shall
27 within 20 days send a copy of such THE application by
01117'97
50
1 registered FIRST-CLASS mail to the state director of THE
2 DEPARTMENT OF agriculture and also to the drain commissioner of
3 each county in which lie lands liable for assessment for benefits
4 for the construction of such proposed drain. The drain commis-
5 sioners of such counties and the director of THE DEPARTMENT OF
6 agriculture or any deputy PERSON designated by him THE
7 DIRECTOR shall be and constitute the drainage board. The
8 state director of THE DEPARTMENT OF agriculture shall call a
9 meeting of such THE drainage board , which meeting shall TO
10 be held not less than 15 and not more than 60 days from AFTER
11 the receipt of such notice. Such THE meeting shall be held in
12 the immediate locality of the proposed drainage district AT A
13 PUBLIC BUILDING WITHIN THE CITY, VILLAGE, OR TOWNSHIP IN WHICH
14 THE PROPOSED DISTRICT IS LOCATED. Notices of such NOTICE OF
15 THE meeting shall be posted in 5 public places SERVED ON THE
16 COUNTY CLERK OF EACH COUNTY AND THE CLERK OF EACH MUNICIPALITY
17 within the proposed drainage district within each county, and
18 served on the county clerk of each county and the supervisor of
19 each township within the proposed drainage district personally
20 or by registered FIRST-CLASS mail at least 10 days before such
21 public meeting. A notice of such THE meeting shall be pub-
22 lished in each county affected once a week for 2 consecutive
23 weeks 1 TIME before such THE meeting in a newspaper OR
24 NEWSPAPERS of general circulation in such county, if there is
25 one, the first publication to be THE PROPOSED DISTRICT, at least
26 10 days before the meeting.
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1 Sec. 103. Upon convening said meeting, the state director
2 of THE DEPARTMENT OF agriculture or any deputy selected by him
3 THE DIRECTOR shall act as chairman CHAIRPERSON. The said
4 drainage board shall consider such THE application, and deter-
5 mine the sufficiency of the signatures thereto, and shall go
6 over REVIEW the route of said proposed drain and take testimony
7 to determine its practicability. All persons owning lands liable
8 to assessment for benefits or whose lands shall be crossed by
9 said THE drain or any municipality affected may appear for or
10 against said drain proceedings. If at said THE meeting or at
11 any subsequent time before the entry of the order designating a
12 drainage district, they shall determine THE DRAINAGE BOARD
13 DETERMINES that the drainage of the proposed drain area is not
14 practical, no further THE DRAINAGE BOARD SHALL IN WRITING
15 NOTIFY THE PERSONS WHO DELIVERED THE APPLICATION OF THE FACT AND
16 THE REASON FOR MAKING THIS DETERMINATION. FURTHER action shall
17 NOT be taken thereon within ON THE DRAIN FOR 1 year. If said
18 THE proposed drain is determined to be practical, then the drain-
19 age board shall cause a survey thereof to be made by a competent
20 surveyor or engineer to ascertain the area which THAT would be
21 drained by the proposed drain, and the route and type of con-
22 struction of drain or drains most serviceable for that purpose.
23 Sec. 104. (1) The surveyor or engineer authorized to
24 make the survey shall ascertain the size and depth of the drains
25 , and shall preserve all minutes with reference thereto. He
26 THE ENGINEER shall prepare PRELIMINARY plans, drawings, and
27 profiles thereof, together with a computation of the yards of
01117'97
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1 earth to be excavated, and where practicable the leveling of the
2 spoil banks or the amount of tile or pipe to be used and the nec-
3 essary bridges and culverts or fords DESCRIPTION OF THE NATURE
4 AND TYPE OF CONSTRUCTION, INCLUDING THE NECESSARY CROSSINGS,
5 STRUCTURES, AND FACILITIES to be built in constructing the pro-
6 posed drains DRAIN, and his AN estimate of the cost of
7 such construction. He THE ENGINEER IS NOT LIMITED TO THE
8 ROUTE DESCRIBED IN THE APPLICATION BUT MAY RECOMMEND A ROUTE AND
9 TYPE OF CONSTRUCTION FOR THE DRAIN OR DRAINS CONSIDERED MOST
10 SERVICEABLE FOR DRAINING THE AREA INVOLVED. THE ENGINEER OR
11 SURVEYOR shall thereupon lay out a proposed drainage district,
12 which district may be described by its boundaries of streets and
13 highways or BY A DESCRIPTION OF tracts or parcels of land or by
14 a description of all tracts or parcels of land, including therein
15 all highways, townships, counties, cities and villages which
16 would be benefited by the construction of the proposed drain, all
17 of which he shall deliver to the drainage board. The surveyor or
18 engineer shall not be limited to the route described in the
19 application, but may recommend a route and type of construction
20 for the drains he considers most serviceable for draining the
21 area involved. IDENTIFIED BY LEGAL DESCRIPTION OR TAX CODE
22 PARCEL NUMBER WHICH WILL BE BENEFITED BY THE CONSTRUCTION OF THE
23 PROPOSED DRAIN, AND WHICH WILL BE LIABLE TO AN ASSESSMENT THERE-
24 FOR, IF THE DRAIN IS CONSTRUCTED. THE COMMISSIONERS SHALL OBTAIN
25 FROM THE COUNTY TREASURERS A STATEMENT SHOWING AS NEAR AS MAY BE
26 THE AMOUNT OF TAXES AND SPECIAL ASSESSMENTS LEVIED AGAINST THE
27 LANDS IN THE PROPOSED DRAINAGE DISTRICT ON THE TAX ROLLS FOR THE
01117'97
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1 3 YEARS NEXT PRECEDING, AND THE AMOUNT OF TAXES AND ASSESSMENTS
2 REMAINING UNPAID, AND IF IT APPEARS FROM THE STATEMENT THAT
3 33-1/3% OR MORE OF THE LANDS IN THE PROPOSED DRAINAGE DISTRICT
4 HAVE BEEN RETURNED AS TAX DELINQUENT AND STILL REMAIN DELINQUENT,
5 THE DRAINAGE BOARD SHALL NOT TAKE FURTHER ACTION.
6 (2) THE ENGINEER OR OTHER QUALIFIED PROFESSIONAL, AT THE
7 DIRECTION OF THE DRAINAGE BOARD, MAY ALSO EVALUATE THE EFFECTS OF
8 THE PROPOSED PROJECT ON NATURAL RESOURCES AND RECOMMEND APPROPRI-
9 ATE PRACTICAL MEASURES TO MINIMIZE ADVERSE EFFECTS.
10 Sec. 105. (1) The chairman CHAIRPERSON of the drainage
11 board shall thereupon prepare an order designating a drainage
12 district. , giving it THE ORDER SHALL DO ALL OF THE FOLLOWING:
13 (A) GIVE THE DRAINAGE DISTRICT a name or number. and
14 describe therein
15 (B) DESCRIBE the drainage district by its boundaries of
16 streets and highways or tracts or parcels of land or by a
17 description OR THE TAX PARCEL NUMBERS of all tracts or parcels of
18 land. included therein and
19 (C) DESIGNATE the counties, townships, cities, villages, and
20 state trunk line highways including therein AND all highways
21 , UNDER THE JURISDICTION AND CONTROL OF THE townships, coun-
22 ties, cities, and villages , which THAT would be benefited by
23 the construction of such THE drain and would be liable to an
24 assessment therefor. ; also a description of
25 (D) SPECIFY THE PERCENTAGES OF THE COST OF LAYING OUT THE
26 DISTRICT AND COST OF CONSTRUCTION THAT EACH COUNTY WILL BEAR.
01117'97
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1 (E) DESCRIBE the drain according to the plans and
2 specifications prepared by the surveyor or OF THE engineer and
3 determined by the drainage board, showing the beginning, route,
4 terminus, type of construction, and the estimated cost of the
5 construction.
6 (2) Notice of filing of the order shall be given by the
7 state THE director of THE DEPARTMENT OF agriculture by publish-
8 ing a notice SHALL PUBLISH A NOTICE OF THE ORDER in a newspaper
9 OF GENERAL CIRCULATION in each county affected, once in each
10 week for 2 successive weeks, which THE DISTRICT. THE notice
11 shall give a general description of the route of the PROPOSED
12 drain OR DRAINS and of the drainage district as shown by the
13 order. A NOT MORE THAN 10 DAYS AFTER THE ORDER IS PREPARED,
14 THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE SHALL FILE A copy
15 of the order shall within 10 days be filed by the state director
16 of agriculture in the office of the county drain commissioner of
17 each county in which lie lands included in the district.
18 (3) IF THE COMMISSIONERS OF THE COUNTIES AFFECTED CANNOT
19 AGREE AS TO THE APPORTIONMENT OF COSTS FOR LAYING OUT A DRAINAGE
20 DISTRICT, THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE OR ANY
21 DEPUTY APPOINTED SHALL APPORTION THE COSTS AND THE COUNTIES
22 AFFECTED SHALL PAY THE COSTS AS PROVIDED IN SECTION 302.
23 (4) At any time after AFTER the order designating an
24 intercounty drainage district, giving it a name or number, has
25 been IS filed in the offices of the county drain commissioners
26 of the counties within the district, the order may be amended as
27 to the name or number of the drain OR FOR THE ADDITION OR
01117'97
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1 DELETION OF LANDS IN THE DISTRICT by a written request of a drain
2 commissioner of 1 of the counties traversed by the drain ,
3 which THE request shall state the then present name or number
4 of the drain and the change to be made in the name or number OF
5 THE DRAIN OR THE ADDITION OR DELETION OF LANDS. Upon filing of
6 the request, the drain commissioner shall mail a copy of the
7 request , to the state director of THE DEPARTMENT OF agricul-
8 ture and also to the drain commissioner of each county in which
9 lie lands liable for assessments for the drain. The state
10 director of THE DEPARTMENT OF agriculture shall call a meeting of
11 the drainage board and if, in the opinion of the drainage board,
12 it is found advisable to change the name or number of the drain
13 OR THE LANDS, they THE DRAINAGE BOARD shall file an order des-
14 ignating such change. The drainage board shall also designate
15 the number of signs to be posted upon the drain as they may deem
16 advisable for public notice of the new name or number. LANDS MAY
17 ALSO BE ADDED TO OR DELETED FROM THE DISTRICT UPON CERTIFICATION
18 BY AN ENGINEER OR SURVEYOR. THE ORDER AMENDING THE DISTRICT BY
19 ADDING OR DELETING LANDS SHALL DESCRIBE THE AMENDED DISTRICT.
20 Copies of the order changing the name or number of the drain OR
21 ADDING OR DELETING LANDS shall be filed with the drain commis-
22 sioner and the county treasurer of each county liable for
23 assessments. of such drain THEREAFTER, THE DISTRICT SHALL BE
24 KNOWN BY SUCH NAME OR NUMBER AND THE BOUNDARY SHALL BE AS SET
25 FORTH IN THE AMENDED ORDER. If the commissioners of the coun-
26 ties affected cannot agree as to the apportionment of costs for
27 laying out a drainage district, the director of agriculture or
01117'97
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1 any deputy appointed by him shall apportion the costs and the
2 counties affected shall pay the same as provided in section 302
3 of this act.
4 Sec. 106. (1) If the drain commissioner of a county
5 involved considers the apportionment between the counties to be
6 unfair, the commissioner shall have the right to MAY have the
7 apportionment reviewed by an arbitration A board OF REVIEW to
8 be composed of drain commissioners from unaffected counties in
9 this state. Within 20 days after the order of apportionment pro-
10 vided in section 105, the commissioner shall file with the
11 department of agriculture a claim for review by arbitration in
12 which the commissioner shall state briefly in what respect he or
13 she considers the apportionment unfair and request, over the
14 commissioner's official signature, a review by arbitration. The
15 commissioner shall nominate a disinterested drain commissioner as
16 his or her choice for the arbitration board OF REVIEW. Upon
17 NOT MORE THAN 10 DAYS AFTER receipt of the claim for review by
18 arbitration, the director of the department of agriculture or the
19 director's deputy shall forward to each county drain commissioner
20 involved, except the claimant, within 10 days, a copy of the
21 claim for review by arbitration. The commissioners EACH COM-
22 MISSIONER SHALL SELECT A DISINTERESTED DRAIN COMMISSIONER AND,
23 within 10 days, shall notify the department of agriculture of
24 their HIS OR HER selection to the arbitration board OF
25 REVIEW. The director of the department of agriculture, at the
26 earliest date , consistent with Act No. 267 of the Public Acts
27 of 1976 THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO
01117'97
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1 15.275, but not later than 30 days after the notice, shall notify
2 the chosen drain commissioners of a date and time they shall meet
3 in the commissioner's DIRECTOR'S office in Lansing. At the
4 meeting, they shall select 1 or 2 more unaffected drain commis-
5 sioners in the state to complete the board of review. Only 1
6 shall be selected if the board members selected by the drain com-
7 missioners affected constitute an even number and 2 shall be
8 selected if the board members selected by the drain commissioners
9 affected constitute an odd number.
10 (2) Upon selection of the final members of the board of
11 review, those members present shall set a date, time, and place
12 in an affected county for a first full meeting of the board of
13 review. Notice of the meeting shall be posted in 5 public
14 places in each county affected and be served personally or by
15 registered FIRST-CLASS mail at least 10 days before the meeting
16 on the county clerk of the EACH AFFECTED county and the
17 supervisor CLERK of a EACH township in each county traversed
18 by the drain. A EACH AFFECTED COUNTY. THE BOARD OF REVIEW
19 SHALL PUBLISH A notice of the meeting shall be published once a
20 week for 2 consecutive weeks before the meeting in a newspaper
21 published and of general circulation in the counties affected.
22 The first publication is to SHALL be at least 10 days before
23 the meeting. The director of the department of agriculture shall
24 notify the 1 or 2 drain commissioners selected of their appoint-
25 ment and of the date, time, and place of the next meeting of the
26 full board. The board of arbitration shall convene at the time,
27 date, and place specified, elect a chairperson and secretary, and
01117'97
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1 review the fairness of the apportionment between the counties.
2 The board may adjourn until their THE review is completed. The
3 findings shall be made and signed by all the members attesting
4 the determination of the majority of the board, and the determi-
5 nation by the majority of the board shall be IS final and con-
6 clusive as to the fairness of the apportionment. COMMISSIONERS
7 SO APPOINTED SHALL BE COMPENSATED IN THE SAME AMOUNT AND MANNER
8 AS MEMBERS OF THE COUNTY BOARD OF COMMISSIONERS IN THEIR RESPEC-
9 TIVE COUNTIES. OTHER COSTS OF THE BOARD OF REVIEW SHALL BE BORNE
10 BY THE DISTRICT.
11 Sec. 121. (1) After an intercounty drainage district has
12 been IS established and the order therefor DESIGNATING THE
13 DISTRICT IS filed, as hereinbefore provided, a petition to
14 locate, establish, and OR construct a drain may be filed with
15 any commissioner having jurisdiction of any of the lands desig-
16 nated in such THE order as constituting the drainage district.
17 Such THE petition shall ask for the location, establishment,
18 and OR construction of the drain or drains, or any part there-
19 of, as described in said THE order.
20 (2) The petition shall be signed by a number of freeholders
21 in said drainage district, whose lands would be liable to an
22 assessment for benefits, equal to 1/2 of the number of freehold-
23 ers whose lands would be traversed by the drain or drains applied
24 for, or abut on the part of any highway or street along the side
25 of which such drain extends, between the point where such drain
26 enters such highway and the point where it leaves such highway
27 and which lands are within the drainage district. Such 5
01117'97
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1 LANDOWNERS IN THE DRAINAGE DISTRICT WHOSE LANDS WOULD BE LIABLE
2 TO ASSESSMENT FOR BENEFITS OR AT LEAST 50% OF THE LANDOWNERS IF
3 THERE ARE LESS THAN 5 LANDOWNERS WHOSE LANDS WOULD BE LIABLE FOR
4 ASSESSMENT OR MAY BE SIGNED BY LANDOWNERS REPRESENTING 25% OF THE
5 LAND AREA LIABLE TO ASSESSMENT. THE petition shall be accom-
6 panied by a description OR TAX PARCEL CODE of the land in said
7 THE district owned by each signer and by a certificate of the
8 county treasurer as to payment of taxes and special assessments
9 against such THE lands. ; such THE certificate shall be in
10 substantially the following form:
11 I hereby certify that there are no taxes or special assess-
12 ments unpaid against any of the lands described in the annexed
13 list according to the records of the county treasurer's office
14 for the past 3 years, except as follows:
15
16 Description Year Tax or assessment Amount
17 ................. ............ ..................... ............
18 (3) The name of any signer as to whose land such THE cer-
19 tificate shows taxes or special assessments unpaid for 3 years
20 shall not be counted. The eligibility of the PETITION signers
21 to such petition shall be determined by their interest of
22 record in the office of the register of deeds, in the probate
23 court, or IN the circuit court of the counties in which such
24 lands are situated at the time such WHEN THE petition is
25 filed. In determining the number of owners whose lands are
26 traversed by such drain, or abut thereon as hereinbefore
01117'97
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1 prescribed, the drain commissioner shall investigate the records
2 of the register of deeds, of the probate court and of the circuit
3 court of the county, and shall make diligent inquiry in the com-
4 munity, including inquiry of anyone in possession of all of such
5 lands so traversed or so abutting, as to the ownership thereof.
6 In lieu of a petition signed by freeholders, the petition may be
7 signed solely by a city, village or township in each county
8 involved, when duly authorized by its governing body, or by any
9 combination of such municipalities, if each petitioning
10 municipality IF AUTHORIZED BY THEIR RESPECTIVE GOVERNING BODIES,
11 THE PETITION MAY INSTEAD BE SIGNED BY 1 OR MORE MUNICIPALITIES
12 THAT will be liable to assessment at large for public health for
13 any ALL OR part of the cost of the proposed drain. In the
14 event of a municipally signed petition, then the foregoing provi-
15 sions of this section, other than the first 2 sentences and these
16 last 2 sentences thereof, shall not be applicable.
17 Sec. 122. (1) Upon filing of a petition to locate, estab-
18 lish, and construct an intercounty drain the commissioner receiv-
19 ing the petition, within 20 days, shall notify by registered mail
20 the drain commissioners interested and the director of the
21 department of agriculture, who shall call a meeting within the
22 time set forth in section 102. The commissioners and the direc-
23 tor of the department of agriculture, or the director's deputy,
24 who constitute the drainage board shall jointly take all steps
25 and perform all acts and sign all papers as commissioners are
26 required to do singly in the case of other COUNTY drains,
27 except as otherwise provided in this act. At a meeting of the
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1 board, the director of the department of agriculture, or the
2 director's deputy, shall not vote, except that the director or
3 the director's deputy may cast the deciding vote in case of a
4 tie. Notice shall be given of the time and place of the meeting
5 by publication in a newspaper of general circulation in the
6 county at least 10 days before the meeting. Notices shall also
7 be served personally or by registered mail at least 10 days
8 before the meeting on the county clerk and on the clerk of each
9 township, city, and village in the district. The drain commis-
10 sioner also shall send notice by first class mail of the time,
11 date, and place of the meeting, not less than 10 days before the
12 date of the meeting, to each person whose name appears upon the
13 last city or township tax assessment roll as owning land liable
14 to assessment for benefits, at the address shown on the roll. If
15 an address does not appear on the roll, a notice need not be
16 mailed to the person. The drain commissioner shall make an affi-
17 davit of the mailing and shall recite in the affidavit that the
18 persons to whom the notice was mailed constitute all of the per-
19 sons whose names and addresses appear upon the tax rolls as
20 owning land liable to assessment for benefits. The affidavit
21 shall be conclusive proof that notice was mailed to each person
22 to whom notice is required to be mailed by this section. The
23 failure to receive a notice by mail shall not constitute a juris-
24 dictional defect invalidating a drain proceeding or tax, or both,
25 if notice has been sent by first class mail as provided in this
26 section.
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1 (2) UPON FILING OF A PETITION TO LOCATE, ESTABLISH, AND
2 CONSTRUCT AN INTERCOUNTY DRAIN, THE COMMISSIONER RECEIVING THE
3 PETITION, WITHIN 20 DAYS, SHALL NOTIFY BY FIRST-CLASS MAIL THE
4 DRAIN COMMISSIONERS INTERESTED AND THE DIRECTOR OF THE DEPARTMENT
5 OF AGRICULTURE, WHO SHALL CALL A MEETING IN THE MANNER PROVIDED
6 IN SECTIONS 102 AND 103. All expense of notification shall be
7 paid by the drainage district. when created. The board shall
8 consider the petition and evidence offered, and if it is deter-
9 mined that the drain is necessary for the good of the public
10 health, convenience, or welfare, it shall proceed to determine
11 the percentage
12 (3) IF THE DRAINAGE BOARD CONSIDERS THE DRAIN TO BE PRACTI-
13 CAL, AFTER RECEIPT OF THE REPORT OF THE ENGINEER, THE DRAINAGE
14 BOARD SHALL CONVENE TO CONSIDER THE PETITION AND EVIDENCE OFFERED
15 AND DETERMINE IF THE DRAIN IS NECESSARY AND CONDUCIVE TO THE
16 PUBLIC HEALTH, CONVENIENCE, OR WELFARE. ALL EXPENSE OF NOTIFICA-
17 TION SHALL BE PAID BY THE DISTRICT. NOTICE SHALL BE GIVEN PURSU-
18 ANT TO SECTION 8. THE DRAINAGE BOARD SHALL BE THE BOARD OF
19 DETERMINATION AND SHALL DETERMINE THE QUESTION OF NECESSITY FOR
20 DRAINS LOCATED, ESTABLISHED, AND CONSTRUCTED UNDER THIS CHAPTER.
21 THE DETERMINATION OF THE DRAINAGE BOARD IS SOLELY FOR THE NECES-
22 SITY OF THE DRAIN. THE SCOPE OF THE PROJECT IS WITHIN THE SOLE
23 AUTHORITY OF THE DRAINAGE BOARD AS DECIDED IN SEPARATE
24 PROCEEDINGS.
25 (4) IF THE DRAINAGE BOARD DETERMINES THAT THE DRAIN IS NEC-
26 ESSARY, THE DRAINAGE BOARD SHALL REVIEW THE PERCENTAGES of the
27 whole cost of construction which each county shall bear, AS SET
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1 FORTH IN THE ORDER DESIGNATING THE DRAINAGE DISTRICT, and
2 determine the number of installments in which the drain taxes
3 shall be collected. If commissioners cannot agree on the
4 PREVIOUSLY ESTABLISHED apportionment between counties or the
5 number of installments, the chairperson shall determine the
6 apportionment or the number of installments. An order shall be
7 prepared, signed by the chairperson, to be known as the first
8 order of determination , showing SHALL BE PREPARED AND SIGNED
9 BY THE CHAIRPERSON. THE ORDER SHALL SHOW the determination of
10 necessity, THE determination of percentages, and THE determina-
11 tion of number of installments. , and a A copy of the order
12 shall be filed in the office of the county drain commissioner of
13 each county into which the drainage district extends. The
14 drainage board shall be the board of determination and shall
15 determine the question of necessity for drains located, estab-
16 lished, and constructed under this chapter. If the drainage
17 board cannot agree unanimously on the apportionment between coun-
18 ties, the matter shall be submitted to the board of arbitration
19 REVIEW in the manner prescribed in section 106, and that board's
20 decision shall be final.
21 Sec. 122a. Whenever AFTER the drain DRAINAGE board
22 finds by majority vote of the whole number of members APPOINTED
23 that the drain is or is not necessary, a person OR MUNICIPALITY
24 feeling aggrieved by the determination may institute an action in
25 the circuit court for the county in which the real property
26 DRAINAGE DISTRICT is located for a REVIEW OF THE determination.
27 of necessity. The action shall be filed by the person OR
01117'97
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1 MUNICIPALITY aggrieved within 10 days after the determination of
2 necessity or no necessity. by the drain board. THE PURPOSE OF
3 THE CIRCUIT COURT REVIEW IS TO DETERMINE WHETHER THE DECISION OF
4 THE DRAINAGE BOARD SERVING AS THE BOARD OF DETERMINATION WAS SUP-
5 PORTED BY SUBSTANTIAL, MATERIAL, OR COMPETENT EVIDENCE ON THE
6 WHOLE RECORD. THE REVIEW SHALL BE MADE ON THE RECORD PRESENTED
7 TO THE DRAINAGE BOARD AND NO ADDITIONAL TESTIMONY OR EVIDENCE
8 SHALL BE OFFERED EXCEPT FOR PURPOSES OF CLAIM OF FRAUD OR ERROR
9 OF LAW.
10 Sec. 123. (1) After securing releases of right of way as
11 herein provided, the commissioner of each county affected shall
12 apportion the benefits for the construction of such drain to each
13 tract or parcel of land to any county, township, city or village
14 and to any state trunk line highway within said drainage dis-
15 trict, in the manner provided in chapter 7, being sections 151 to
16 161, inclusive, of this act. Such per cent so apportioned when
17 finally approved shall be assessed against such townships,
18 cities, highways and lands according to such apportionment of
19 benefits, as herein provided. The apportionment of benefits so
20 made shall be subject to review and correction and may be
21 appealed from as provided in said chapter 7. FOR ALL DRAINS
22 LOCATED, ESTABLISHED, AND CONSTRUCTED UNDER THIS CHAPTER, AFTER
23 THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SEN-
24 TENCE, THE DRAINAGE BOARD SHALL OBTAIN ANY PERMITS REQUIRED UNDER
25 THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA
26 451, MCL 324.101 TO 324.90106, AND SHALL EVALUATE NATURAL
27 RESOURCE IMPACTS OF THE PROPOSED DRAIN AND IDENTIFY MEASURES TO
01117'97
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1 MINIMIZE ADVERSE IMPACTS, BEFORE THE CONSTRUCTION OF THE
2 PROJECT. ALL COSTS ASSOCIATED WITH EVALUATING NATURAL RESOURCE
3 IMPACTS AND IMPLEMENTING THE MEASURES TO MINIMIZE THOSE IMPACTS
4 SHALL BE THE RESPONSIBILITY OF THE DRAINAGE DISTRICT. MEASURES
5 THAT ARE INTENDED TO IMPROVE OR ENHANCE NATURAL RESOURCE VALUES
6 MAY BE INCLUDED AS PART OF THE DRAINAGE PROJECT. THE DETERMINA-
7 TION TO INCLUDE SUCH MEASURES IS WITHIN THE DISCRETION OF THE
8 DRAINAGE BOARD. THE FUNDING FOR THE COST OF SUCH MEASURES MAY
9 INCLUDE GIFTS, DONATIONS, GRANTS, AND CONTRACTS PURSUANT TO SEC-
10 TION 431, SPECIAL ASSESSMENTS, OR ANY COMBINATION THEREOF AS CON-
11 SIDERED APPROPRIATE BY THE DRAINAGE BOARD.
12 (2) IF AFTER RECEIPT OF THE PLANS, SPECIFICATION, ESTIMATE
13 OF COST AND DESCRIPTIONS OF THE LANDS OR RIGHTS OF WAY NEEDED FOR
14 THE PROPOSED DRAIN, THE DRAINAGE BOARD DETERMINES THAT THE
15 PROJECT IS NOT PRACTICAL, THE DRAINAGE BOARD SHALL NOTIFY THE
16 LANDOWNERS AND MUNICIPALITIES IN THE DISTRICT BY FIRST-CLASS MAIL
17 OF THE INTENT TO ABANDON THE PETITION. THE NOTICE SHALL SPECIFY
18 THE REASONS FOR THE PROPOSED ABANDONMENT. THE NOTICE SHALL ALSO
19 SPECIFY A TIME, DATE, AND PLACE FOR A PUBLIC HEARING TO HEAR
20 OBJECTIONS TO THE ABANDONMENT OF THE PETITION. AT THE PUBLIC
21 HEARING, THE DRAINAGE BOARD SHALL ELICIT TESTIMONY AND EVIDENCE
22 WITH REGARDS TO THE PROPOSED ABANDONMENT. FOLLOWING THE RECEIPT
23 OF TESTIMONY, THE DRAINAGE BOARD SHALL DETERMINE WHETHER OR NOT
24 THE PETITION SHOULD BE ABANDONED. IF THE ABANDONMENT IS DETER-
25 MINED TO BE PRACTICAL, THE DRAINAGE BOARD SHALL ENTER AN ORDER OF
26 ABANDONMENT AND APPORTION ALL COSTS INCURRED TO THE DISTRICT AS
01117'97
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1 IF THE PROJECT HAD BEEN BUILT AND THE COSTS WILL BE SUBSEQUENTLY
2 ASSESSED AND PAID AS PROVIDED IN CHAPTER 7.
3 Sec. 124. After such apportionment shall have been made by
4 each of the commissioners, the chairman of the drainage board
5 shall prepare and have printed notice of a meeting to be held at
6 some convenient place, not less than 20 days from the date of
7 such notice, for the purpose of receiving bids for the construc-
8 tion of such drain, and also for the holding of a public meeting
9 not less than 5 nor more than 30 days after the date set for
10 receiving bids, at which a review will be held of the apportion-
11 ment of benefits made as aforesaid. THE DRAINAGE BOARD SHALL
12 ATTEMPT TO SECURE FROM THE OWNERS OF EACH PARCEL OR TRACT OF LAND
13 TO BE TRAVERSED BY THE PROPOSED DRAIN OR DRAINS AN EASEMENT OR
14 RELEASE OF RIGHT OF WAY OR SIMILAR INTEREST TO ACCOMPLISH THE
15 PROJECT AS OUTLINED IN THE PLANS AND ALL DAMAGES ON ACCOUNT
16 THEREOF. THE DRAINAGE BOARD MAY TAKE ACKNOWLEDGMENTS OF RELEASES
17 OF RIGHT OF WAY AND ADMINISTER OATHS IN ANY PROCEEDINGS PERTAIN-
18 ING TO A DRAIN. A RELEASE OF RIGHT OF WAY SHALL DESCRIBE THE
19 LAND TO BE CONVEYED AND SHALL BE SIGNED AND ACKNOWLEDGED BY THE
20 PERSON HAVING THE RIGHT TO CONVEY. SUCH A CONVEYANCE IS SUFFI-
21 CIENT UNDER THIS ACT. ALL RELEASES FOR RIGHTS OF WAY SHALL BE
22 CONSIDERED TO INCLUDE SUFFICIENT GROUND ON EACH SIDE OF THE
23 CENTER LINE OF THE DRAIN FOR THE DEPOSIT OF THE EXCAVATIONS
24 THEREFROM. IF THE LANDOWNER IS A MARRIED MAN OR WOMAN, IT IS NOT
25 NECESSARY FOR THE HUSBAND OR WIFE TO SIGN THE RELEASE OF RIGHT OF
26 WAY UNLESS HE OR SHE HAS AN INTEREST IN THE LAND OTHER THAN AN
27 INCHOATE RIGHT OF DOWER. IF A PORTION OF A DRAIN IS LOCATED
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1 WITHIN A STREET, HIGHWAY, OR PUBLIC PLACE, THEN A RESOLUTION
2 ADOPTED BY A MAJORITY VOTE OF THE GOVERNING BODY HAVING JURISDIC-
3 TION OVER THE STREET, HIGHWAY, OR PUBLIC PLACE GRANTING LEAVE TO
4 CONSTRUCT THE DRAIN THEREIN, DESIGNATING THE PLACE TO BE
5 TRAVERSED BY THE DRAIN, IS A SUFFICIENT RELEASE OF THE RIGHT OF
6 WAY, UNDER THIS ACT. THE GOVERNING BODY MAY PERMIT THE CONSTRUC-
7 TION OF AN OPEN DRAIN IF THE CONSENT IS SET FORTH IN THE
8 RESOLUTION.
9 Sec. 125. At such meeting the respective commissioners
10 shall hear the proofs and allegations offered and shall recon-
11 sider and review the descriptions of land in that county forming
12 a part of the drainage district, the apportionment of benefits,
13 and define and equalize the same as may seem just and equitable.
14 The persons entitled to appear and offer proof may appeal from
15 such review and the manner of taking such appeal shall be as pre-
16 scribed in chapter 7 of this act, being sections 151 to 161,
17 inclusive.
18 Bids shall be received and computation of the total cost of
19 the drain shall be made, as hereinafter provided, before the time
20 set for review of the apportionment, and such computation shall
21 be open to inspection at the time of review. If such computation
22 shall not be completed before the day of review, such review may
23 be adjourned from time to time, not more than 20 days in all for
24 the completion of such computation, or a new hearing may be
25 called with like notice by publication, posting and service at
26 least 10 days before such hearing. If for any reason the
27 contracts on which such computation was based shall not be
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1 executed and new contracts shall be let at a higher price, a
2 corrected computation shall be made and a new review held with
3 like notice. TO OBTAIN AN EASEMENT, RELEASE OF RIGHT OF WAY, OR
4 THE REQUIRED INTEREST IN THE PROPERTY, THE DRAIN COMMISSIONER IS
5 GRANTED THE POWER OF EMINENT DOMAIN AND MAY COMMENCE CONDEMNATION
6 PROCEEDINGS UNDER THE UNIFORM CONDEMNATION AND PROCEDURES ACT,
7 1980 PA 87, MCL 213.51 TO 213.77.
8 Sec. 126. At the time and place fixed in said notice, or
9 at an adjourned date, the drainage board shall receive bids and
10 let contracts for the construction of the drain in the manner
11 prescribed in chapter 9, being sections 221 to 223. If no con-
12 tract shall be let within 5 years after the date of filing the
13 petition to locate, establish and construct the drain, the drain-
14 age board may determine that the petition shall be deemed aban-
15 doned and no further action shall be taken to construct the
16 drain. Provided, That time during which any litigation shall be
17 pending to contest the validity of such proceedings shall not be
18 counted as a part of such 5-year period. If the drainage board
19 determines the petition shall be abandoned, it shall issue its
20 order to that effect; provided, that such determination of aban-
21 donment shall not be issued within the 5 year period. Notice of
22 the order shall be given by publishing a notice in a newspaper of
23 general circulation in each county affected. The provisions of
24 this section shall apply to all petitions which are in full force
25 and effect on the date of January 1, 1973, or thereafter. AFTER
26 SECURING RELEASES OF RIGHT OF WAY AS HEREIN PROVIDED, THE
27 COMMISSIONER OF EACH COUNTY AFFECTED SHALL APPORTION THE BENEFITS
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1 FOR THE CONSTRUCTION OF SUCH DRAIN TO EACH TRACT OR PARCEL OF
2 LAND TO ANY COUNTY, TOWNSHIP, CITY, OR VILLAGE AND TO ANY STATE
3 TRUNK LINE HIGHWAY WITHIN SAID DRAINAGE DISTRICT, IN THE MANNER
4 PROVIDED IN CHAPTER 7, BEING SECTIONS 151 TO 161, INCLUSIVE, OF
5 THIS ACT. SUCH PERCENT SO APPORTIONED WHEN FINALLY APPROVED
6 SHALL BE ASSESSED AGAINST SUCH TOWNSHIPS, CITIES, HIGHWAYS, AND
7 LANDS ACCORDING TO SUCH APPORTIONMENT OF BENEFITS, AS HEREIN
8 PROVIDED. THE APPORTIONMENT OF BENEFITS SO MADE SHALL BE SUBJECT
9 TO REVIEW AND CORRECTION AND MAY BE APPEALED FROM AS PROVIDED IN
10 SAID CHAPTER 7.
11 Sec. 127. (1) Within 60 days next succeeding the entry of
12 the first order of determination the said commissioners shall
13 within their respective counties endeavor to secure from the
14 owner of each parcel or tract of land which would be traversed or
15 damaged by said proposed drain a release of the right of way and
16 all damages on account thereof. AT THE MEETING, THE RESPECTIVE
17 COMMISSIONERS SHALL HEAR THE PROOFS AND ALLEGATIONS OFFERED AND
18 SHALL RECONSIDER AND REVIEW THE DESCRIPTIONS OF LAND IN THAT
19 COUNTY FORMING A PART OF THE DRAINAGE DISTRICT AND THE APPORTION-
20 MENT OF BENEFITS AND SHALL DEFINE AND EQUALIZE THE APPORTIONMENT
21 AS MAY SEEM JUST AND EQUITABLE. THE PERSONS ENTITLED TO APPEAR
22 AND OFFER PROOF MAY APPEAL FROM THE REVIEW IN THE SAME MANNER AS
23 PROVIDED IN CHAPTER 7.
24 (2) BIDS SHALL BE RECEIVED AND COMPUTATION OF THE TOTAL COST
25 OF THE DRAIN SHALL BE MADE, BEFORE THE TIME SET FOR REVIEW OF THE
26 APPORTIONMENT, AND SUCH COMPUTATION SHALL BE OPEN TO INSPECTION
27 AT THE TIME OF REVIEW. IF THE COMPUTATION IS NOT COMPLETED
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1 BEFORE THE DAY OF REVIEW, THE REVIEW MAY BE ADJOURNED FROM TIME
2 TO TIME, NOT MORE THAN 20 DAYS IN ALL FOR THE COMPLETION OF THE
3 COMPUTATION, OR A NEW HEARING MAY BE CALLED WITH LIKE NOTICE BY
4 PUBLICATION, POSTING, AND SERVICE AT LEAST 10 DAYS BEFORE THE
5 HEARING. IF FOR ANY REASON THE CONTRACTS ON WHICH THE COMPUTA-
6 TION WAS BASED ARE NOT EXECUTED AND NEW CONTRACTS ARE LET AT A
7 HIGHER PRICE, A CORRECTED COMPUTATION SHALL BE MADE AND A NEW
8 REVIEW HELD WITH LIKE NOTICE.
9 Sec. 128. In case all the persons whose lands are to be
10 traversed or damaged by such drain or drains, as proposed in this
11 chapter, shall not within 60 days after the issue of the first
12 order of determination have voluntarily released the right of way
13 therefor, and all damages on account thereof, the drainage board
14 shall apply to the judge of probate of the county in which such
15 lands are situated for the appointment of 3 special
16 commissioners. When such application shall be made and when all
17 papers shall have been found to be in conformity with the provi-
18 sions of this act, the court to whom such application has been
19 made shall, within 60 days from the filing of said application,
20 appoint such special commissioners and shall deliver to each
21 drain commissioner a certified copy of the order of the appoint-
22 ment of such special commissioners. Such special commissioners
23 shall be resident freeholders of the county and not residents of
24 the township or townships to be affected by the proposed drain in
25 which they are appointed. All proceedings had in the appointment
26 of special commissioners, the issuance of service of citations,
27 hearings by the probate court and by the special commissioners
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1 and the return of special commissioners under the provisions of
2 this chapter shall be similar to those provided in chapter 4,
3 being sections 71 to 84. AT THE TIME AND PLACE FIXED IN THE
4 NOTICE, OR AT AN ADJOURNED DATE, THE DRAINAGE BOARD SHALL RECEIVE
5 BIDS AND LET CONTRACTS FOR THE CONSTRUCTION OF THE DRAIN IN THE
6 MANNER PRESCRIBED IN CHAPTER 9.
7 Sec. 131. A full record of such THE drain shall be made
8 and entered by the several commissioners in the drain record
9 books RECORDS of their respective counties, and a certified
10 copy of all the papers relative to the construction of such THE
11 drain shall be delivered to the other commissioners by the com-
12 missioner having the original application or petition, which
13 certified copies shall be filed in the office of the county
14 drain commissioner of their THE respective counties as original
15 papers are required to be filed and with the same force and
16 effect.
17 Sec. 132. In cases where it is determined that the assess-
18 ments shall be collected in more than 2 installments, the THE
19 drainage board, acting on behalf of the drainage district, may
20 borrow money and may issue bonds OR NOTES therefor as provided
21 in the case of FOR drains lying wholly within 1 county. Such
22 THE bonds OR NOTES shall be signed by the members of the drainage
23 board and shall be countersigned by the clerks of the counties
24 affected. Bonds OR NOTES issued under this chapter shall be
25 ARE payable at the office of the county treasurer of the county
26 to which the larger per cent of the cost of construction is
27 apportioned and such SELECTED BY THE DRAINAGE BOARD TO SERVE AS
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1 THE TREASURER OF THE DRAINAGE DISTRICT. THE bonds OR NOTES shall
2 be deposited and safely kept by such THE treasurer until sold
3 and delivered. All installments, with interest thereon, of the
4 special assessments shall be transmitted as collected by the
5 treasurer or treasurers of the other county or counties concerned
6 to the treasurer of such county THE DRAINAGE DISTRICT, who
7 shall issue his A receipt therefor and shall place the moneys
8 MONEY in the fund of the drain to be disbursed solely for the
9 retirement of the bonds OR NOTES at maturity and the payment of
10 interest thereon.
11 Sec. 133. Whenever any IF A proposed drain lies wholly or
12 partly in an adjoining state, or the lands to be drained thereby
13 lie partly in an adjoining state, application to lay out a drain-
14 age district and a petition for the construction of such THE
15 drain AS SPECIFIED IN THIS ACT may be made to any commissioner
16 representing any county in this state in which any portion of
17 such THE proposed drain or lands to be affected thereby lie,
18 and the same proceedings shall be had touching REGARDING the
19 portion of such THE drain or the lands to be drained or
20 affected thereby , lying within this state as are provided in
21 this chapter in the case of ACT FOR drains and lands lying
22 wholly within this state. : Provided, That HOWEVER, before any
23 expense shall be IS incurred in relation to any such THE pro-
24 posed drain, a voluntary release of the right of way to construct
25 such THE DRAIN OR portion of such drain as may lie THE DRAIN
26 THAT LIES without this state and an agreement to keep the same
27 IT or permit the same IT to be kept, clear from obstruction
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1 shall first be obtained from the parties owning lands outside of
2 this state through which such THE drain or portion thereof is
3 to pass, and such release and agreement shall be filed with the
4 said drain commissioner and shall form a part of the record of
5 his OR HER proceedings in the premises.
6 Sec. 134. Any AN action involving AN intercounty drains,
7 except such actions as DRAIN may be brought directly in the
8 supreme court, may be brought in the circuit court of any A
9 county in which any A part of the intercounty drain is
10 located: Provided, That on request by any party to said action
11 made prior to the time said action is instituted, or within 30
12 days after receipt of process, the presiding circuit judge of
13 Michigan shall appoint a circuit judge of any judicial circuit
14 not wholly or partially located within any county in which any
15 part of the intercounty drain is located to hear said action
16 DRAINAGE DISTRICT IS ESTABLISHED, SUBJECT TO THE COURT RULES.
17 Sec. 135. (1) If at any time after an intercounty drain-
18 age district has been IS established and a drain has been IS
19 located, established, and constructed therein, it appears that it
20 is necessary to extend the drain or drainage district into a
21 county which THAT was not a part of the original intercounty
22 drainage district, the lands in the county may be added to the
23 district by presenting to the drain commissioner of one 1 of
24 the counties traversed or affected by the drain, a petition
25 signed by 50% of the land owners whose land is traversed by the
26 drain or proposed extended drain, which 5 LANDOWNERS WHOSE LANDS
27 IF ADDED WOULD BE LIABLE FOR ASSESSMENT. THE petition shall
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1 state the name or number of the drain , and the lands which it
2 is desired to have added to the drainage district TO BE ADDED.
3 Upon receipt of the petition, the drain commissioner shall mail a
4 copy of the petition to the state director of THE DEPARTMENT OF
5 agriculture and also to the drain commissioner of each county
6 in which lie lands liable for assessments for the proposed
7 extended drain or proposed extended drainage district. The
8 state director of THE DEPARTMENT OF agriculture shall call a
9 meeting of the drainage board including the commissioner of any
10 county in which lie lands that have been added to the drainage
11 district. Notices of such meeting and all other proceedings
12 shall be in accordance with the provisions of section 197 of this
13 act, as amended SHALL BE AS SET FORTH IN SECTION 8.
14 (2) At the meeting all persons owning lands liable to
15 assessment for benefits, or any district or municipality affect-
16 ed, may appear for or against the addition of such THE lands.
17 The board shall consider the petition and any evidence offered,
18 and if it is determined THE BOARD DETERMINES that the extension
19 of the drain or drainage district is necessary for the good of
20 the public health, convenience, or welfare, it THE BOARD shall
21 then proceed to determine the just percentage of the whole cost
22 of construction which THAT each county shall bear , and also
23 determine the number of installments in which the drain taxes
24 shall be collected. In case IF the commissioners cannot agree
25 on the apportionment between counties or the number of install-
26 ments, the chairman CHAIRPERSON shall determine the same
27 THESE.
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1 (3) If, in the opinion of the expanded drainage board, it is
2 found necessary to add the lands to the drainage district, they
3 shall also enter an order adding the lands. Copies THE DRAIN-
4 AGE BOARD SHALL FILE COPIES of the order adding the lands to the
5 drainage district shall be filed with the drain commissioner of
6 each county liable for assessments of the extended drain or
7 extended drainage district. Copies of the order adding the lands
8 to the drainage district shall also be served upon all persons
9 whose lands have been added to said THE drainage district
10 according to IN THE SAME MANNER AS PROVIDED IN section 154. of
11 this act, as amended. After the order is filed, the expanded
12 drainage board shall constitute CONSTITUTES the drainage board
13 for the expanded drainage district and shall have HAS all the
14 powers which are given to OF drainage boards by UNDER this
15 act. , as amended.
16 (4) THE PROCEEDINGS UNDER THIS SECTION TO ALLOW THE ADDITION
17 OF LANDS TO AN INTERCOUNTY DRAINAGE DISTRICT ARE AN ALTERNATIVE
18 TO THOSE UNDER SECTION 105 OR 197 OR CHAPTER 19.
19 Sec. 151. Upon the release of the right of way and dam-
20 ages, or upon the determination and return of the special
21 commissioners AFTER THE DRAIN COMMISSIONER OR DRAINAGE BOARD
22 ACQUIRES RIGHTS OF WAY OR EASEMENTS, the commissioner OR DRAINAGE
23 BOARD shall make his THE final order of determination estab-
24 lishing the drain. , which THE drain shall MAY be divided
25 into convenient sections for the letting of contracts:
26 Provided, That the commissioner may let the drain in sections or
27 as a whole. Said FOR THE PURPOSE OF LETTING CONTRACTS. THE
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1 order of determination shall be filed with the county drain
2 commissioner within NOT MORE THAN 5 days after such THE order
3 is made. He shall, before BEFORE the day of letting and
4 review OF APPORTIONMENTS, THE DRAIN COMMISSIONER OR DRAINAGE
5 BOARD SHALL fix the number of installments for the collection of
6 drainage taxes ASSESSMENTS and apportion the per cent PERCENT
7 of the cost of construction of such drain which any township,
8 city or village traversed or benefited thereby shall be THE
9 DRAIN THAT ANY MUNICIPALITY IS liable to pay by reason of the
10 benefit to the public health, convenience, or welfare, or as the
11 means of improving any highway under the control of such town-
12 ship, city or village THE MUNICIPALITY. He THE COMMISSIONER
13 shall apportion the per cent PERCENT of the cost of construc-
14 tion of such drain which any highway then under the control of
15 the county or district road commissioners, shall be THE DRAIN
16 THAT ANY COUNTY IS liable to pay by reason of benefits
17 therefor, TO A COUNTY ROAD and as the means of improving such
18 highway THE COUNTY ROAD. He THE DRAIN COMMISSIONER shall also
19 apportion the per cent PERCENT of the cost of construction of
20 such drain which any state trunk line highway, under the control
21 of the state highway commissioner, shall be THE DRAIN THAT THIS
22 STATE IS liable to pay by reason of benefits therefor TO A
23 STATE TRUNK LINE HIGHWAY and as the means of improving said THE
24 highway. He THE DRAIN COMMISSIONER shall also apportion the
25 per cent PERCENT of benefits to accrue to any piece or parcel
26 of land INCLUDING LANDS OWNED BY ANY MUNICIPALITY OR THIS STATE
27 by reason of the construction, MAINTENANCE, OR IMPROVEMENT of
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1 such THE drain over and above the per cent PERCENT
2 apportioned to any township, city or village at large
3 MUNICIPALITY or to any highway as above provided. Such per
4 cent THE PERCENT so apportioned when finally approved shall be
5 assessed against such townships, cities and villages and against
6 the county at large by reason of the improvement of the highways
7 within the drainage district, and against the state by reason of
8 the improvement of the state trunk line highways within such
9 drainage district, and against all parcels of land therein
10 according to such THE apportionment of benefits. as herein
11 provided. The apportionment of benefits so made shall be IS
12 subject to review and correction and may be appealed from as
13 PROVIDED in this act. provided. The board of supervisors
14 COMMISSIONERS at its October meeting each year shall make provi-
15 sion by proper assessment of the amounts apportioned against any
16 highway under the control of the county and district highway
17 ROAD commissioners.
18 Sec. 152. All apportionments EACH APPORTIONMENT of bene-
19 fits under the provisions of this act shall be upon the princi-
20 ple of benefits derived. All descriptions A DESCRIPTION of
21 land under the provisions of this act shall be made by giving
22 the legal subdivision thereof, whenever practicable, and when the
23 tract of land which is to be benefited or affected by such A
24 drain is less than such A legal subdivision, it may be
25 described by designation of the lot or A PART OF A LOT OR other
26 boundaries, or in some way. by which it may be known. IF THE
27 DRAIN COMMISSIONER RETAINS IN HIS OR HER OFFICE A DETAILED
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1 DESCRIPTION, MAP, OR OTHER SPECIFICATION THAT DESIGNATES A PARCEL
2 OR PORTION OF A PARCEL TO BE BENEFITED BY THE DRAIN, THE COMMIS-
3 SIONER, INSTEAD OF PROVIDING A SPECIFIC DESCRIPTION OF THE
4 PARCEL, MAY DESIGNATE THE PARCEL BY USE OF THE PARCEL'S TAX
5 PARCEL IDENTIFICATION NUMBER.
6 Sec. 153. Such THE order of determination shall contain a
7 description of the district to be assessed for benefits in the
8 construction of said THE drain, either by boundaries or by
9 description OR TAX PARCEL IDENTIFICATION NUMBER of the several
10 tracts or parcels of land to be assessed. , which said THE
11 tracts or parcels and the county, townships, cities, villages,
12 and highways therein shall constitute the special assessment
13 district. , and which district shall in said order be
14 designated THE ORDER OF DETERMINATION SHALL DESIGNATE THE
15 DISTRICT by name or number.
16 Sec. 154. (1) The commissioner shall give notice OF A TIME
17 AND PLACE FOR THE MEETING FOR THE REVIEW OF APPORTIONMENTS. THE
18 NOTICE SHALL BE CONSISTENT WITH THE PROVISIONS OF SECTION 8. THE
19 MEETING SHALL BE HELD NOT LESS THAN 5 OR MORE THAN 30 DAYS AFTER
20 THE DATE SET for the receiving of bids for the construction
21 of the drain. and for the holding of a public meeting. At the
22 meeting a review shall be made of the apportionment of benefits.
23 The notice shall specify the time and place of receiving bids,
24 and the time and place of the meeting for review of
25 apportionment. The meeting shall be not less than 5 nor more
26 than 30 days after the date set for receiving bids. The notice
27 shall be given by publication of at least 2 insertions in a
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1 newspaper published and of general circulation in the county.
2 The first publication shall be at least 10 days before the date
3 set for receiving bids. The drain commissioner shall send notice
4 by first-class mail of the time, date, and place of the meeting,
5 at least 10 days before the date of the meeting, to each person
6 whose name appears upon the last city or township tax assessment
7 roll as owning land within the special assessment DRAINAGE dis-
8 trict, at the address shown on the roll. If an address does not
9 appear on the roll, then notice need not be mailed to the
10 person. The drain commissioner shall make an affidavit of the
11 mailing and shall recite in the affidavit that the persons to
12 whom the notice was mailed , constitute all of the persons
13 whose names and addresses appear upon the tax rolls as owning
14 land within the particular special assessment district. The
15 affidavit shall be IS conclusive proof that notice was mailed
16 to each person to whom notice is required to be mailed. If
17 notice has been sent by first-class mail as provided in this sec-
18 tion, the failure to receive notice by mail shall not constitute
19 a jurisdictional defect invalidating a drain proceeding or tax.
20 If the board of determination determines that the drain is neces-
21 sary for the protection of the public health and that the whole
22 cost of the drain, except that part which may be apportioned for
23 benefits to highways, shall be apportioned to municipalities,
24 then mailing of individual notices to persons owning land within
25 the special assessment district as provided in this section
26 shall not be IS NOT required.
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1 (2) The notice shall also contain the names of the
2 counties, cities, townships, or villages to be assessed at large,
3 and shall be personally served on the county clerk and 1 or more
4 members of the road commission of a county or road district, the
5 supervisor of a township, the mayor of a city, and the president
6 of a village to be assessed at large. The notice shall contain a
7 description of the land constituting the special assessment dis-
8 trict for the drain. The description may be stated by designat-
9 ing the boundaries of the special assessment district by streets,
10 highways, parcels, or tracts of land or by describing the tracts
11 or parcels of land constituting the district. A tract or parcel
12 need not be subdivided beyond the point where the whole of the
13 tract or parcel is within the drainage district or to describe
14 the drain further than by reference to it by its name or number.
15 The notice shall also state the number and length of sections,
16 the average depth and width of each section, and in case of
17 closed drains, the amount and specifications of all tile or pipe
18 required. The notice shall contain the location, number, type,
19 and size of all culverts and bridges and the conditions upon
20 which the contract will be awarded. The notice need not contain
21 minutes of survey or table of cuttings which shall be kept on
22 file in the office of the drain commissioner.
23 (2) (3) Bids shall be received and computation of the total
24 cost of the drain shall be made before the time set for BEFORE
25 THE review of the apportionment, and the DRAIN COMMISSIONER
26 SHALL RECEIVE BIDS AND COMPUTE THE TOTAL COST OF THE DRAIN. THE
27 computation shall be open to inspection. If the computation is
01117'97
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1 not completed before the day of review, the review may be
2 adjourned from time to time, not more than 20 days in all, for
3 the completion of the computation, or a new hearing may be called
4 with similar notice, by publication and service at least 10 days
5 before the hearing. If the contracts on which the computation
6 was based are not executed and new contracts shall WILL be let
7 at a higher price, a corrected computation shall be made and a
8 new review held with a similar notice. At the time and place
9 fixed in the notice, or at another time and place to which the
10 county drain commissioner may adjourn the hearing, the apportion-
11 ment of benefits and the lands comprised within the special
12 assessment district shall be subject to review for at least 1
13 day. The review shall be held open from 9 a.m. until 5 p.m. On
14 the DAY OF review, the county clerk or the county road commission
15 may appear on behalf of the county or a road district; the super-
16 visor or commissioner of highways of a township may appear on
17 behalf of a township; the mayor or an officer of the city desig-
18 nated by the mayor may appear for a city; AND the president may
19 appear on behalf of a village. At the review, the county drain
20 commissioner shall hear the proofs and allegations and shall
21 carefully reconsider and review the description of land comprised
22 within the special assessment district, the several descriptions
23 and apportionment of benefits, and define and equalize the land
24 as is just and equitable.
25 (3) (4) When IF an apportionment of benefits is made
26 against a state trunk line highway, unless the state highway
27 director OF THE STATE TRANSPORTATION DEPARTMENT consents in
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1 writing to the apportionment, the drain commissioner, at least 20
2 days before the review on the trunk line, shall notify THE DIREC-
3 TOR OF THE STATE TRANSPORTATION DEPARTMENT by registered
4 CERTIFIED mail the state highway director of the percentage
5 apportioned against the highway and the date, time, and place
6 fixed for a review of apportionment of benefits. If the state
7 highway director DIRECTOR OF THE STATE TRANSPORTATION DEPARTMENT
8 desires to have the apportionment of benefits reviewed by the
9 director of the department of agriculture, the state highway
10 director , within OF THE STATE TRANSPORTATION DEPARTMENT, THEN,
11 NOT MORE THAN 10 days from AFTER the receipt of the notice, THE
12 DIRECTOR OF THE STATE TRANSPORTATION DEPARTMENT shall file with
13 the drain commissioner an objection to the apportionment. The
14 drain commissioner shall notify the director of the department of
15 agriculture of the date, time, and place fixed for the review of
16 apportionments. , and at AT the meeting, the director of the
17 department of agriculture, or a deputy of the director, shall
18 review the apportionment made against the state trunk line high-
19 way, listen to the proofs and allegations of the parties, and may
20 view the highway benefited. The action and decision on the
21 apportionment SHALL BE reduced to writing shall be IS final.
22 (4) WHEN THE DIRECTOR OF THE STATE TRANSPORTATION DEPARTMENT
23 CONSENTS IN WRITING TO THE APPORTIONMENT, THE DIRECTOR SHALL
24 SPECIFY WHETHER THE DEPARTMENT WILL PAY THE ASSESSMENT IN FULL OR
25 IN INSTALLMENTS. IF THE APPORTIONMENT IS REVIEWED UNDER SUBSEC-
26 TION (3), THE DIRECTOR OF THE STATE TRANSPORTATION DEPARTMENT
27 SHALL SPECIFY, NOT MORE THAN 20 DAYS AFTER THE DETERMINATION MADE
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1 BY THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE, WHETHER THE
2 STATE TRANSPORTATION DEPARTMENT WILL PAY THE ASSESSMENT IN FULL
3 OR IN INSTALLMENTS. IF THE DIRECTOR OF THE STATE TRANSPORTATION
4 DEPARTMENT DOES NOT SPECIFY BEFORE THE ADVERTISEMENT OF THE SALE
5 OF BONDS OR NOTES WHETHER THE DEPARTMENT WILL PAY THE ASSESSMENT
6 IN FULL OR IN INSTALLMENTS, THE DEPARTMENT IS LIABLE FOR THE
7 INTEREST CHARGES INCURRED AS A RESULT OF THE SALE OF BONDS OR
8 NOTES.
9 Sec. 155. The owner of any land in the drainage district or
10 any city, township, village, district or county having control
11 of any highway which may feel MUNICIPALITY THAT IS aggrieved by
12 the apportionment of benefits so made by the commissioner,
13 may, within NOT MORE THAN 10 days after the day of review of
14 such apportionments THE APPORTIONMENT, appeal therefrom and
15 for such purpose make an application to the probate court of the
16 proper county for the appointment of a board of review, MAY
17 APPEAL THE APPORTIONMENT by filing with said THE probate court
18 a notice of appeal REQUESTING THE APPOINTMENT OF A BOARD OF
19 REVIEW and at the same time filing with said court a bond. THE
20 BOND SHALL BE in such sum as the judge of probate IN CONSULTATION
21 WITH THE DRAIN COMMISSIONER may require, with 1 or more sureties
22 to be approved by the judge of probate, conditioned upon the pay-
23 ment of all costs in case INCLUDING ENGINEERING, ATTORNEY, AND
24 WITNESS FEES IF the apportionment made by the commissioner shall
25 be IS sustained. Such THE appeal may be taken by the
26 CHAIRPERSON OF THE county or district road BOARD OF
27 commissioners in behalf of the county, THE CHAIRPERSON OF THE
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1 COUNTY BOARD OF ROAD COMMISSIONERS IN BEHALF OF THE ROAD
2 COMMISSION, the mayor of any city in behalf of the city, by the
3 supervisor in behalf of any A township, or by the president
4 of any A village in behalf of the village when authorized by
5 the COUNTY BOARD OF COMMISSIONERS, THE BOARD OF COUNTY ROAD COM-
6 MISSIONERS, THE village or city council, OR THE township board,
7 or road commission, respectively. Only 1 board shall be
8 appointed by such THE probate court.
9 Sec. 156. (1) The probate court upon receipt of any such
10 application as hereinbefore provided for shall forthwith A
11 NOTICE OF APPEAL UNDER SECTION 155 SHALL IMMEDIATELY notify the
12 commissioner in writing of such THE appeal, and shall
13 thereupon THEN make an order appointing 3 disinterested and
14 competent freeholders LANDOWNERS of such THE county, not res-
15 idents of the township or townships affected by said drain, as
16 members of a board of review. The persons so appointed shall
17 constitute the board of review. The IMMEDIATELY AFTER MAKING
18 THE APPOINTMENTS, THE court shall, thereupon, with the concur-
19 rence of the commissioner, immediately fix the time and place
20 when and where said FOR A MEETING OF THE board of review shall
21 meet to review said THE apportionments. , which time shall
22 not be THE MEETING SHALL BE HELD NOT less than 10 nor OR more
23 than 15 days from AFTER the date of filing such THE NOTICE OF
24 appeal. The commissioner PROBATE COURT shall thereupon give
25 notice to THEN NOTIFY the persons so appointed of their appoint-
26 ment and of the time and place of meeting. , and shall give
27 notice of such meeting by posting notices in at least 5 public
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1 places in each township forming a part of the drainage district,
2 and shall serve a like notice upon the appellant if he be a resi-
3 dent of any township affected. Such notice shall be made not
4 less than 5 days before the day of hearing and shall be made by
5 personal service. Proof CONSISTENT WITH SECTION 5, THE COURT
6 SHALL ALSO NOTIFY EACH LANDOWNER AND MUNICIPALITY LIABLE FOR AN
7 ASSESSMENT. PROOF of service of notice of appeal THE NOTICES
8 UNDER THIS SUBSECTION shall be made by the person serving said
9 notice THE NOTICES and be filed in the office of the judge of
10 probate. At such hearing the board of review shall have the
11 right, and it shall be their duty, to review all apportionments
12 for benefits made by the commissioner on such drain. The persons
13 so appointed
14 (2) AT THE HEARING, THE BOARD OF REVIEW shall be sworn by
15 the commissioner to faithfully discharge the duties of such THE
16 board of review.
17 (3) MEMBERS OF THE BOARD OF REVIEW SHALL BE COMPENSATED IN
18 THE SAME MANNER AND AMOUNT AS A BOARD OF DETERMINATION.
19 Sec. 157. (1) The board of review shall proceed at the
20 time, date, and place specified in the notice to hear the
21 proofs and allegations of the parties in respect to an appeal,
22 shall proceed to view the lands benefited by the drain OR
23 PROJECT, and shall review ALL OF the apportionments made by the
24 commissioner on the drain OR PROJECT. If in their THE judgment
25 OF THE BOARD OF REVIEW there is a manifest error or inequality in
26 the apportionments, they THE BOARD OF REVIEW shall order and
27 make the changes in the apportionment as they THE BOARD OF
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1 REVIEW may consider just and equitable. If the board of review
2 upon personal examination finds that a land liable to be assessed
3 for the construction of the drain OR PROJECT is not included in
4 the drainage district made by the commissioner, they THE BOARD
5 OF REVIEW shall add the land to the drainage district of the
6 drain and shall adjourn the review to another time or place, as
7 they consider proper, but not in all more than 20 days from and
8 after the time of MEETING OF THE BOARD OF review first
9 advertised. The notice of the adjournment shall contain a
10 description of lands added to the drainage district. The notice
11 shall be given at least 10 days before the adjourned day of
12 review. Should IF the owners of land liable to an assessment
13 be ARE nonresidents of the county, personal notice shall be
14 served on the owners, or a notice shall be published in a weekly
15 newspaper published in the county, of at least 2 insertions BY
16 FIRST-CLASS MAIL, giving the description of the land added to the
17 assessment district and giving the time, date, and place where
18 the board shall meet. The action and decision of the board
19 shall be final.
20 (2) The action and decision OF THE BOARD OF REVIEW shall
21 be reduced to writing and signed by a majority of the board
22 making MEMBERS AGREEING WITH the decision, and shall be deliv-
23 ered to the commissioner WITHIN 10 DAYS OF THE CLOSE OF THE
24 MEETING together with other papers relating to the decision.
25 (3) IF THE BOARD OF REVIEW MAKES CHANGES IN THE APPORTION-
26 MENT, THE CHANGES SHALL BE MADE BY THE COMMISSIONER WITHOUT
27 NECESSITY FOR A NEW DAY OF REVIEW OR NOTICE TO THE DISTRICT OF
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1 THE CHANGES MADE BY THE BOARD OF REVIEW AND PERSONS AGGRIEVED BY
2 THE CHANGES MADE BY THE BOARD OF REVIEW ARE NOT ENTITLED TO ADDI-
3 TIONAL JUDICIAL REVIEW.
4 (4) THE DECISION OF THE BOARD OF REVIEW IS FINAL AND NOT
5 SUBJECT TO JUDICIAL REVIEW.
6 Sec. 158. (1) In case IF the apportionment of the commis-
7 sioner shall be IS sustained by such THE board of review, the
8 appellant shall pay the whole costs and expenses of such THE
9 appeal. Such IF THERE ARE MULTIPLE APPELLANTS, ANY APPELLANT
10 WHOSE APPORTIONMENT IS SUSTAINED SHALL PAY A PRO RATA SHARE OF
11 THE COSTS AND EXPENSES OF THE APPEAL. THE costs and expenses
12 shall be ascertained and determined by the judge of probate. ,
13 and if not paid the appellant shall be liable on his bond for the
14 full amount of such costs in an action at law, to be brought by
15 the commissioner on the bond before any court having competent
16 jurisdiction.
17 (2) IF THE BOND OF AN APPELLANT IS MET SUFFICIENT TO COVER
18 THE COSTS AND EXPENSES FOR WHICH THE APPELLANT IS LIABLE, THE
19 DRAIN COMMISSIONER MAY CERTIFY THE RATE OR CHARGE TO THE PROPER
20 TAX COLLECTING OFFICER TO BE ENTERED IN A SEPARATE COLUMN ON THE
21 NEXT TAX ROLL AGAINST REAL PROPERTY OWNED BY THE APPELLANT FOR
22 INITIAL COLLECTION IN THE SAME MANNER AS AD VALOREM PROPERTY
23 TAXES UNDER THE GENERAL PROPERTY TAX ACT, 1893 PA 206, MCL 211.1
24 TO 211.157. AMOUNTS ENTERED ON THE TAX ROLL ARE A LIEN AGAINST
25 THAT REAL PROPERTY. IF A RATE OR CHARGE ENTERED ON THE TAX ROLL
26 IS NOT PAID BEFORE FEBRUARY 15, THE RATE OR CHARGE SHALL BE
27 RETURNED AS DELINQUENT TO THE COUNTY TREASURER AND COLLECTED IN
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1 THE SAME MANNER AS PROVIDED FOR DELINQUENT TAXES UNDER THE
2 GENERAL PROPERTY TAX ACT, 1893 PA 206, MCL 211.1 TO 211.157.
3 HOWEVER, PROPERTY IS NOT SUBJECT TO SALE UNDER SECTION 60 OF THE
4 GENERAL PROPERTY TAX ACT, 1893 PA 206, MCL 211.60, FOR NONPAYMENT
5 OF THE RATE OR CHARGE UNLESS THE PROPERTY IS ALSO SUBJECT TO SALE
6 FOR DELINQUENT PROPERTY TAXES.
7 (3) SUBSECTION (2) DOES NOT LIMIT THE AUTHORITY OF THE DRAIN
8 COMMISSIONER TO COLLECT A RATE OR CHARGE BY ANY OTHER MEANS
9 AUTHORIZED BY LAW FOR THE COLLECTION OF A DEBT.
10 Sec. 161. The proceedings in establishing any drain and
11 levying taxes therefor shall be TO ESTABLISH A DRAIN AND LEVY
12 ASSESSMENTS ARE subject to review on certiorari as herein
13 provided SUPERINTENDING CONTROL. A COMPLAINT SEEKING A writ of
14 certiorari SUPERINTENDING CONTROL for any error IN PROCEEDINGS
15 occurring before or in the final order of determination shall be
16 issued within FILED NOT MORE THAN 10 days after a copy of
17 such THE final order is filed in the office of the drain com-
18 missioner as required by section 151, of this act, and for any
19 error IN PROCEEDINGS occurring after such THE final order of
20 determination, within NOT MORE THAN 10 days after the day of
21 review, or if an appeal has been taken, within NOT MORE THAN 10
22 days after the filing of the report of the board of review.
23 Notice of such certiorari shall be THE COURT SHALL NOT HEAR THE
24 ACTION UNLESS A COPY OF THE COMPLAINT FOR SUPERINTENDING CONTROL
25 WAS served upon the commissioner within NOT MORE THAN 10 days
26 after the day of issue in the same manner as notice is required
27 to be given of certiorari for reviewing judgments rendered by
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1 justices of the peace and the writ shall be issued and served,
2 and bond given and approved and the subject matter brought to
3 issue in the same time and manner, as near as may be, as in such
4 cases provided, except that such certiorari may be heard by the
5 court during term, or at chambers, upon THE COMPLAINT WAS FILED
6 AND 5 days' notice OF THE HEARING IS given to the opposite party.
7 ; and the circuit court of the county THE COURT shall hear and
8 determine the same ACTION without unnecessary delay, and if any
9 material defect be IS found in the proceedings for establishing
10 the drain , such AND LEVYING ASSESSMENTS, SHALL SET ASIDE THE
11 proceedings. shall be set aside. If issues of fact are raised
12 by the petition for such writ and the return thereto, such
13 COMPLAINT OR ANSWER, THE issues shall, on application of either
14 party, be framed and testimony thereon taken under the direction
15 of the court. If the proceedings be FOR ESTABLISHING THE DRAIN
16 AND LEVYING ASSESSMENTS ARE sustained, the party bringing the
17 certiorari shall be SEEKING SUPERINTENDING CONTROL IS liable for
18 the costs thereof, and if they be OF THE SUPERINTENDING CONTROL
19 PROCEEDINGS. IF THE PROCEEDINGS FOR ESTABLISHING THE DRAIN AND
20 LEVYING ASSESSMENTS ARE not sustained, the parties making appli-
21 cation for the drain shall be ARE liable for the costs OF THE
22 SUPERINTENDING CONTROL PROCEEDINGS. If no certiorari be
23 brought A COMPLAINT FOR SUPERINTENDING CONTROL IS NOT FILED
24 within the time herein prescribed, the drain shall be deemed
25 CONSIDERED to have been legally established, and the taxes
26 therefor DRAIN ASSESSMENTS legally levied, and the legality of
27 said THE drain and the taxes therefor ASSESSMENTS shall not
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1 thereafter be questioned in any suit at law or equity:
2 Provided, No court shall allow any certiorari questioning the
3 legality of any drain by any person unless notice has been given
4 to the commissioner in accordance with the provisions of this
5 chapter: Provided further, That when such proceedings are
6 brought COURT. IF A COMPLAINT FOR SUPERINTENDING CONTROL IS
7 FILED, the commissioner shall postpone the letting of contracts
8 and all other proceedings until after the determination of the
9 court. And if any error be found in the proceedings IF THE
10 COURT FINDS AN ERROR IN THE PROCEEDINGS TO ESTABLISH THE DRAIN
11 AND LEVY ASSESSMENTS, the court shall direct the commissioner to
12 correct such THE error or errors and then proceed the same
13 as though no error had been made.
14 Sec. 191. (1) When IF a drain or portion thereof, which
15 OF A DRAIN traverses lands wholly in 1 county , and HAS lands
16 only in 1 county which is THAT ARE subject to assessment,
17 needs cleaning out, relocating, widening, deepening, straighten-
18 ing, tiling, extending, or relocating along a highway, or
19 requires structures or mechanical devices that will properly
20 purify or improve the flow of the drain or pumping equipment nec-
21 essary to assist or relieve the flow of the drain, or needs sup-
22 plementing by the construction of 1 or more relief drains which
23 may consist of new drains or extensions, enlargements, or connec-
24 tions to existing drains, or needs 1 or more branches added
25 thereto, any 5 or at least 50% of the freeholders if there are
26 less than 5 freeholders whose lands shall be liable to an
27 assessment for benefits of such work, may make petition in
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1 writing to the commissioner setting forth the necessity of the
2 proposed work and the commissioner shall proceed in the same
3 manner provided for the location, establishment, and construction
4 of a drain. If the project includes a tiled relief drain, or the
5 tiling of an existing open drain or any portion thereof, with a
6 conduit a part of which has an inside diameter in excess of 36
7 inches or the retiling of an existing drain with a conduit, a
8 part of which has an inside diameter in excess of 36 inches, then
9 the petition shall comply with section 71. The preceding sen-
10 tence shall not be applicable to the construction of bridges,
11 culverts, and passageways. The word tiling as used in this and
12 other sections of this act, means the laying of a conduit com-
13 posed of tile, brick, concrete, or other material. When it is
14 necessary for the public health of 1 or more cities, villages,
15 and townships, the petition may be signed solely by a city, vil-
16 lage, or township when authorized by its governing body or by a
17 combination of the municipalities, if the municipality or munici-
18 palities are liable to assessments at large for a percentage of
19 the total amount assessed for the cost of the proposed work. 1
20 OR MORE OF THE FOLLOWING MAY BE DONE, BY PETITION FILED PURSUANT
21 TO THIS SECTION:
22 (A) THE DRAIN OR PORTION OF THE DRAIN MAY BE MAINTAINED,
23 IMPROVED, OR RELOCATED ALONG A HIGHWAY.
24 (B) STRUCTURES OR MECHANICAL DEVICES THAT WILL PROPERLY
25 PURIFY OR IMPROVE OR REGULATE THE FLOW OF THE DRAIN OR PUMPING
26 EQUIPMENT NECESSARY TO ASSIST OR RELIEVE THE FLOW OF THE DRAIN
27 MAY BE CONSTRUCTED OR INSTALLED.
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1 (C) ONE OR MORE RELIEF DRAINS, CONSISTING OF NEW DRAINS OR
2 EXISTING DRAINS MAY BE CONSTRUCTED.
3 (D) ONE OR MORE BRANCHES MAY BE ADDED TO THE DRAIN OR POR-
4 TION OF THE DRAIN.
5 (E) MEASURES INTENDED TO ENHANCE OR IMPROVE NATURAL
6 RESOURCES VALUES OF THE DRAIN AND PROVIDE BENEFIT IN ADDITION TO
7 THE DESIGNED FUNCTION, LONGEVITY, OR HYDRAULIC CAPACITY OF THE
8 DRAIN MAY BE UNDERTAKEN.
9 (F) A DRAINAGE DISTRICT MAY BE CONSOLIDATED WITH ANY ADJA-
10 CENT ESTABLISHED DRAINAGE DISTRICT OR HAVE LANDS ADDED OR
11 DELETED. THE CONSOLIDATION, ADDITION, OR DELETION SHALL OTHER-
12 WISE COMPLY WITH CHAPTER 19 RELATIVE TO DISPOSITION OF FUNDS AND
13 PAYMENT OF OUTSTANDING DEBT. THE LANDOWNERS OF ANY LANDS BEING
14 PETITIONED FOR CONSOLIDATION, ADDITION, OR DELETION AND THE
15 MUNICIPALITIES IN WHICH THOSE LANDS ARE LOCATED SHALL BE GIVEN
16 NOTICE OF THE PROPOSED CONSOLIDATION, ADDITION, OR DELETION.
17 (2) THE PETITION TO MAINTAIN OR IMPROVE OR TO CONSOLIDATE,
18 ADD, OR DELETE SHALL BE SIGNED BY 5 LANDOWNERS IN THE DRAINAGE
19 DISTRICT WHOSE LANDS WOULD BE LIABLE TO ASSESSMENT FOR BENEFITS
20 OR AT LEAST 50% OF THE LANDOWNERS IF THERE ARE LESS THAN 5 LAND-
21 OWNERS WHOSE LANDS WOULD BE LIABLE FOR ASSESSMENT OR SHALL BE
22 SIGNED BY LANDOWNERS REPRESENTING 25% OF THE LAND AREA LIABLE FOR
23 ASSESSMENT. THE ELIGIBILITY OF THE SIGNERS TO THE APPLICATION
24 SHALL BE DETERMINED BY THE DRAIN COMMISSIONER ACCORDING TO THEIR
25 INTEREST OF RECORD IN THE OFFICE OF THE REGISTER OF DEEDS, IN THE
26 PROBATE COURT OR IN THE CIRCUIT COURT OF THE COUNTY IN WHICH SUCH
27 LANDS ARE SITUATED AT THE TIME SUCH APPLICATION IS FILED. THE
01117'97
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1 DRAIN COMMISSIONER MAY REQUIRE A CASH DEPOSIT, SUFFICIENT TO
2 COVER THE PRELIMINARY COSTS TO ESTABLISH THE DISTRICT, TO ACCOM-
3 PANY THE APPLICATION AND MAY REFUSE TO ACCEPT THE APPLICATION
4 WITHOUT A CASH DEPOSIT. IF THE DRAIN IS COMPLETED, THE COST
5 ADVANCED SHALL BE RETURNED TO THE DEPOSITOR OR A PERSONAL REPRE-
6 SENTATIVE OUT OF THE FIRST TAX COLLECTIONS ON THE DRAIN. IF THE
7 DRAIN IS NOT COMPLETED, ANY EXCESS ABOVE COSTS SHALL BE SO
8 RETURNED. INSTEAD OF BEING SIGNED BY LANDOWNERS, AN APPLICATION
9 MAY BE SIGNED SOLELY BY A MUNICIPALITY IF AUTHORIZED BY ITS GOV-
10 ERNING BODY, IF THE PROPOSED DRAIN IS NECESSARY FOR THE PUBLIC
11 HEALTH OF THE MUNICIPALITY, AND IF THE MUNICIPALITY WILL BE
12 LIABLE FOR AN ASSESSMENT AT LARGE AGAINST IT FOR A PERCENTAGE OF
13 THE COST OF THE PROPOSED DRAIN. THE ENTRY OF AN ORDER DESIGNAT-
14 ING A DRAINAGE DISTRICT, AS HEREINAFTER PROVIDED, SHALL BE CON-
15 SIDERED A DETERMINATION OF THE SUFFICIENCY OF SUCH APPLICATION.
16 (3) After the board of determination determines the neces-
17 sity for the work, as provided in section 72, the commissioner
18 shall, as soon as practicable after the final order of determina-
19 tion prescribed in section 151 has been IS filed, by him,
20 proceed as provided in sections 151 to 161. If the apportionment
21 is the same as the last recorded apportionments, no day of review
22 is necessary, but in other cases the commissioner shall proceed
23 as provided in sections 151 to 161, including the notice of and
24 the holding of a day of review.
25 Sec. 192. (1) Whenever IF a drain or portion thereof,
26 which OF A DRAIN traverses lands in more than 1 county , and
27 HAS lands in more than 1 county shall be THAT ARE subject to
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1 assessments, needs cleaning out, relocating, widening,
2 deepening, straightening, tiling, extending or relocating along a
3 highway, or requires structures or mechanical devices that will
4 properly purify or improve the flow of the drain or pumping
5 equipment necessary to assist or relieve the flow of the drain,
6 or needs supplementing by the construction of 1 or more relief
7 drains which may consist of new drains or extensions, enlarge-
8 ments or connections to existing drains, or needs 1 or more
9 branches added thereto, freeholders within the drainage district
10 equal to 50% of the number of freeholders whose lands are
11 traversed by said drain or drains in said petition or abut on any
12 highway or street along either side of which such drain extends,
13 between the point where said drain enters such highway and the
14 point where it leaves such highway or street and which lands are
15 within the drainage district, may make a petition in writing to
16 the commissioner of any county having lands in such district set-
17 ting forth the necessity of such proposed work. Whenever it is
18 necessary for the public health of 1 or more cities, villages or
19 townships, the petition may be signed solely by a city, village
20 or township when duly authorized by its governing body or by any
21 combination of such municipalities if the municipality or munici-
22 palities will be liable to assessments at large for a percentage
23 of the total amount to be assessed for the cost of the proposed
24 work. The percentage of cost apportioned to the municipality or
25 municipalities shall be based upon the benefits to accrue to such
26 municipality or municipalities and also the extent to which they
27 contribute to the conditions which makes the drain necessary.
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1 Upon receipt of such petition, the commissioner shall notify the
2 state director of agriculture and the commissioners of each
3 county embracing any lands in the drainage district, and the
4 director of agriculture shall call a meeting within the time and
5 in the manner prescribed in section 122. The persons so named
6 shall constitute a drainage board and if such work is then deter-
7 mined to be practicable, they may thereupon appoint a competent
8 surveyor or engineer to make a survey of said drain, and lay out
9 a drainage district according to section 104. After the surveyor
10 or engineer has filed all data with the drainage board, the
11 director of agriculture shall call a meeting as provided in sec-
12 tion 122, and thereafter take all steps and perform all acts
13 which are required to be done by said board upon a petition for
14 the location, establishment and construction of drains as pro-
15 vided in sections 121 to 135. Such board and the commissioners
16 shall exercise such power and be subject to such limitations as
17 are provided in sections 121 to 135. 1 OR MORE OF THE FOLLOWING
18 MAY BE DONE, BY PETITION FILED PURSUANT TO THIS SECTION:
19 (A) THE DRAIN OR PORTION OF THE DRAIN MAY BE MAINTAINED,
20 IMPROVED, OR RELOCATED ALONG A HIGHWAY.
21 (B) STRUCTURES OR MECHANICAL DEVICES THAT WILL PROPERLY
22 PURIFY OR IMPROVE OR REGULATE THE FLOW OF THE DRAIN OR PUMPING
23 EQUIPMENT NECESSARY TO ASSIST OR RELIEVE THE FLOW OF THE DRAIN
24 MAY BE CONSTRUCTED OR INSTALLED.
25 (C) ONE OR MORE RELIEF DRAINS, CONSISTING OF NEW DRAINS OR
26 EXISTING DRAINS MAY BE CONSTRUCTED.
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1 (D) ONE OR MORE BRANCHES MAY BE ADDED TO THE DRAIN OR
2 PORTION OF THE DRAIN.
3 (E) MEASURES INTENDED TO ENHANCE OR IMPROVE NATURAL
4 RESOURCES VALUES OF THE DRAIN AND PROVIDE BENEFIT IN ADDITION TO
5 THE DESIGNED FUNCTION, LONGEVITY, OR HYDRAULIC CAPACITY OF THE
6 DRAIN MAY BE UNDERTAKEN.
7 (F) A DRAINAGE DISTRICT MAY BE CONSOLIDATED WITH ANY ADJA-
8 CENT ESTABLISHED DRAINAGE DISTRICT OR HAVE LANDS ADDED OR
9 DELETED. THE CONSOLIDATION, ADDITION, OR DELETION SHALL OTHER-
10 WISE COMPLY WITH CHAPTER 19 RELATIVE TO DISPOSITION OF FUNDS AND
11 PAYMENT OF OUTSTANDING DEBT. THE LANDOWNERS OF ANY LANDS BEING
12 PETITIONED FOR CONSOLIDATION, ADDITION, OR DELETION AND THE
13 MUNICIPALITIES IN WHICH THOSE LANDS ARE LOCATED SHALL BE GIVEN
14 NOTICE OF THE PROPOSED CONSOLIDATION, ADDITION, OR DELETION.
15 (2) THE PETITION TO MAINTAIN OR IMPROVE OR TO CONSOLIDATE,
16 ADD, OR DELETE SHALL BE SIGNED BY 5 LANDOWNERS IN THE DRAINAGE
17 DISTRICT WHOSE LANDS WOULD BE LIABLE TO ASSESSMENT FOR BENEFITS
18 OR AT LEAST 50% OF THE LANDOWNERS IF THERE ARE LESS THAN 5 LAND-
19 OWNERS WHOSE LANDS WOULD BE LIABLE FOR ASSESSMENT OR SHALL BE
20 SIGNED BY LANDOWNERS REPRESENTING 25% OF THE LAND AREA LIABLE FOR
21 ASSESSMENT. THE ELIGIBILITY OF THE SIGNERS TO THE APPLICATION
22 SHALL BE DETERMINED BY THE DRAIN COMMISSIONER ACCORDING TO THEIR
23 INTEREST OF RECORD IN THE OFFICE OF THE REGISTER OF DEEDS, IN THE
24 PROBATE COURT OR IN THE CIRCUIT COURT OF THE COUNTY IN WHICH SUCH
25 LANDS ARE SITUATED AT THE TIME SUCH APPLICATION IS FILED. THE
26 DRAIN COMMISSIONER MAY REQUIRE A CASH DEPOSIT, SUFFICIENT TO
27 COVER THE PRELIMINARY COSTS TO ESTABLISH THE DISTRICT, TO
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1 ACCOMPANY THE APPLICATION AND MAY REFUSE TO ACCEPT THE
2 APPLICATION WITHOUT A CASH DEPOSIT. IF THE DRAIN IS COMPLETED,
3 THE COST ADVANCED SHALL BE RETURNED TO THE DEPOSITOR OR A PER-
4 SONAL REPRESENTATIVE OUT OF THE FIRST TAX COLLECTIONS ON THE
5 DRAIN. IF THE DRAIN IS NOT COMPLETED, ANY EXCESS ABOVE COSTS
6 SHALL BE SO RETURNED. INSTEAD OF BEING SIGNED BY LANDOWNERS, AN
7 APPLICATION MAY BE SIGNED SOLELY BY A MUNICIPALITY IF AUTHORIZED
8 BY ITS GOVERNING BODY, IF THE PROPOSED DRAIN IS NECESSARY FOR THE
9 PUBLIC HEALTH OF THE MUNICIPALITY, AND IF THE MUNICIPALITY WILL
10 BE LIABLE FOR AN ASSESSMENT AT LARGE AGAINST IT FOR A PERCENTAGE
11 OF THE COST OF THE PROPOSED DRAIN. THE ENTRY OF AN ORDER DESIG-
12 NATING A DRAINAGE DISTRICT, AS HEREINAFTER PROVIDED, SHALL BE
13 CONSIDERED A DETERMINATION OF THE SUFFICIENCY OF SUCH
14 APPLICATION.
15 (3) AFTER THE DRAINAGE BOARD DETERMINES THE NECESSITY FOR
16 THE WORK, THE COMMISSIONER SHALL, AS SOON AS PRACTICABLE AFTER
17 THE FINAL ORDER OF DETERMINATION PRESCRIBED IN SECTION 151 IS
18 FILED, PROCEED AS PROVIDED IN SECTIONS 151 TO 161. IF THE APPOR-
19 TIONMENT IS THE SAME AS THE LAST RECORDED APPORTIONMENTS, NO DAY
20 OF REVIEW IS NECESSARY, BUT IN OTHER CASES THE COMMISSIONER SHALL
21 PROCEED AS PROVIDED IN SECTIONS 151 TO 161, INCLUDING THE NOTICE
22 OF AND THE HOLDING OF A DAY OF REVIEW.
23 Sec. 193. (1) All apportionments hereunder shall be made
24 according to the benefits received and shall be subject to appeal
25 the same as in the first instance. In case the apportionment
26 shall be the same as the last recorded apportionment, no day of
27 review shall be necessary. In case the apportionment shall be
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1 changed, or in case an apportionment is made in a consolidated
2 district which apportions benefits between lands which have not
3 been previously assessed by the consolidated district, the proce-
4 dure shall be in all respects in accordance with the provisions
5 of chapter 7 of this act, including the notice of and the holding
6 of a day of review. AS SOON AS PRACTICABLE AFTER THE FILING OF A
7 PETITION, THE COMMISSIONER AUTHORIZED TO ACT ON THE PETITION, IF
8 NOT DISQUALIFIED UNDER SECTION 381 TO MAKE THE APPORTIONMENT OF
9 BENEFITS, MAY APPOINT A BOARD OF DETERMINATION COMPOSED OF 3 DIS-
10 INTERESTED PROPERTY OWNERS. IF THE COMMISSIONER IS DISQUALIFIED
11 OR CHOOSES NOT TO APPOINT THE BOARD OF DETERMINATION, THE COMMIS-
12 SIONER SHALL IMMEDIATELY FILE A COPY OF THE PETITION WITH THE
13 CHAIRPERSON OF THE COUNTY BOARD OF COMMISSIONERS, TOGETHER WITH A
14 STATEMENT SIGNED BY THE COMMISSIONER, SHOWING THAT HE OR SHE IS
15 DISQUALIFIED OR CHOOSES NOT TO ACT IN APPOINTING A BOARD OF
16 DETERMINATION. UPON RECEIVING A COPY OF THE PETITION AND CERTIF-
17 ICATE, THE CHAIRPERSON OF THE COUNTY BOARD OF COMMISSIONERS, IF
18 NOT PRIVATELY INTERESTED, AS SOON AS PRACTICABLE, SHALL APPOINT A
19 BOARD OF DETERMINATION COMPOSED OF 3 DISINTERESTED PROPERTY
20 OWNERS AND SHALL IMMEDIATELY NOTIFY THE DRAIN COMMISSIONER OF THE
21 NAMES AND ADDRESSES OF THOSE APPOINTED. IF THE CHAIRPERSON OF
22 THE COUNTY BOARD OF COMMISSIONERS HAS A PRIVATE INTEREST IN THE
23 PROCEEDINGS, THE FINANCE COMMITTEE OF THE COUNTY BOARD OF COMMIS-
24 SIONERS SHALL APPOINT THE BOARD OF DETERMINATION. MEMBERS OF
25 BOARDS OF DETERMINATION SHALL BE RESIDENTS OF THE COUNTY BUT NOT
26 OF A TOWNSHIP, CITY, OR VILLAGE AFFECTED BY THE DRAIN, AND SHALL
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1 NOT BE MEMBERS OF THE COUNTY BOARD OF COMMISSIONERS OF THE
2 COUNTY.
3 (2) A MEETING OF THE BOARD OF DETERMINATION SHALL BE CALLED
4 WITHIN THE DRAINAGE DISTRICT AT A CONVENIENT PLACE TO BE DESIG-
5 NATED BY THE DRAIN COMMISSIONER. THE BOARD OF DETERMINATION
6 MEETING ALSO MAY BE HELD AT A PUBLIC BUILDING WITHIN THE CITY,
7 VILLAGE, OR TOWNSHIP IN WHICH THE DRAIN IS LOCATED. IF 1 OF
8 THOSE APPOINTED TO THE BOARD OF DETERMINATION FAILS OR REFUSES TO
9 SERVE OR IS DISQUALIFIED, THE DRAIN COMMISSIONER, THE COUNTY
10 BOARD OF COMMISSIONERS, OR THE FINANCE COMMITTEE OF THE COUNTY
11 BOARD OF COMMISSIONERS, WHICHEVER APPOINTED HIM OR HER, SHALL
12 APPOINT A SUCCESSOR.
13 (3) THE PER DIEM COMPENSATION, MILEAGE, AND EXPENSES OF A
14 MEMBER OF THE BOARD OF DETERMINATION SHALL BE PAID IN THE SAME
15 AMOUNT AND MANNER AS FOR A MEMBER OF THE COUNTY BOARD OF
16 COMMISSIONERS. IN A COUNTY IN WHICH MEMBERS OF THE COUNTY BOARD
17 OF COMMISSIONERS ARE NOT PAID ON A PER DIEM BASIS, THE COMPENSA-
18 TION, MILEAGE, AND EXPENSES SHALL BE FIXED BY THE DRAIN
19 COMMISSIONER.
20 (4) UPON REQUEST, THE COUNTY DRAIN COMMISSIONER SHALL INFORM
21 IN WRITING THE REQUESTING STATE LEGISLATOR WHO REPRESENTS THAT
22 PORTION OF THE AREA IN WHICH THE PROPOSED DRAIN IMPROVEMENT IS TO
23 BE CONSTRUCTED OF THE NAMES AND ADDRESSES OF THE PERSONS
24 APPOINTED TO A BOARD OF DETERMINATION.
25 (5) NOTICE OF THE MEETING OF THE BOARD OF DETERMINATION
26 SHALL BE GIVEN IN THE MANNER PROVIDED IN SECTION 8. NOTICE SHALL
27 BE SENT TO EACH PERSON OR ENTITY AS NAMED ON THE LAST CITY,
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1 VILLAGE, OR TOWNSHIP TAX ASSESSMENT ROLL AT THE ADDRESS SHOWN ON
2 THE ROLL. IF AN ADDRESS DOES NOT APPEAR ON THE ROLL, A NOTICE
3 NEED NOT BE MAILED. THE DRAIN COMMISSIONER OR THE COMMISSIONER'S
4 DESIGNEE SHALL MAKE AN AFFIDAVIT OF THE MAILING AND SHALL RECITE
5 IN THE AFFIDAVIT THAT THE PERSONS TO WHOM THE NOTICE WAS MAILED
6 CONSTITUTE ALL OF THE PERSONS WHOSE NAMES AND ADDRESSES APPEAR
7 UPON THE TAX ROLLS AS OWNING LAND WITHIN THE PARTICULAR SPECIAL
8 ASSESSMENT DISTRICT. THE AFFIDAVIT SHALL BE CONCLUSIVE PROOF
9 THAT NOTICE WAS MAILED TO EACH PERSON TO WHOM NOTICE IS REQUIRED
10 TO BE MAILED PURSUANT TO THIS SECTION. THE FAILURE TO RECEIVE A
11 NOTICE BY MAIL DOES NOT CONSTITUTE A JURISDICTIONAL DEFECT INVAL-
12 IDATING A DRAIN PROCEEDING OR TAX IF NOTICE HAS BEEN SENT BY
13 FIRST-CLASS MAIL AS PROVIDED IN THIS SECTION. EXPENSES OF NOTI-
14 FICATION SHALL BE PAID BY THE DRAINAGE DISTRICT.
15 (6) AT THE TIME AND PLACE FIXED IN THE NOTICE, THE BOARD OF
16 DETERMINATION SHALL MEET, ELECT A CHAIRPERSON AND SECRETARY, AND
17 PROCEED TO DETERMINE THE NECESSITY OF THE PROPOSED PROJECT AND
18 WHETHER THE PROJECT IS CONDUCIVE TO PUBLIC HEALTH, CONVENIENCE,
19 OR WELFARE. THE DRAIN COMMISSIONER OR THE DEPUTY DRAIN COMMIS-
20 SIONER SHALL ATTEND THE MEETING OF THE BOARD OF DETERMINATION.
21 IF CONSIDERED NECESSARY, THE DRAIN COMMISSIONER SHALL OBTAIN FROM
22 THE COUNTY TREASURER A STATEMENT SHOWING THE AMOUNT OF TAXES AND
23 SPECIAL ASSESSMENTS LEVIED AGAINST THE LAND IN THE PROPOSED
24 DRAINAGE DISTRICT ON THE TAX ROLLS FOR THE IMMEDIATELY PRECEDING
25 3 YEARS AND THE AMOUNT OF THE TAXES AND ASSESSMENTS REMAINING
26 UNPAID. IF IT APPEARS FROM THE STATEMENT THAT 25% OR MORE OF THE
27 TAXES ARE UNPAID ON THE LANDS, FURTHER ACTION SHALL NOT BE
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1 TAKEN. AT THE MEETING, THE BOARD OF DETERMINATION SHALL RECEIVE
2 TESTIMONY AND EVIDENCE TO DETERMINE WHETHER OR NOT THE PROPOSED
3 PROJECT IS NECESSARY AND CONDUCIVE TO THE PUBLIC HEALTH, CONVE-
4 NIENCE, OR WELFARE. IF THE BOARD OF DETERMINATION DETERMINES
5 THAT ADDITIONAL INFORMATION IS NEEDED BEFORE THE DETERMINATION OF
6 NECESSITY CAN BE MADE, THE BOARD OF DETERMINATION MAY RECESS THE
7 MEETING TO ALLOW FOR ADDITIONAL INFORMATION TO BE GATHERED. THE
8 COSTS INCURRED FOR THE GATHERING OF THE ADDITIONAL INFORMATION
9 AND ANY SUBSEQUENT NOTICE SHALL BE ASSESSED TO THE DRAINAGE
10 DISTRICT. FOLLOWING THE COMPILATION OF THE REQUESTED INFORMA-
11 TION, THE BOARD OF DETERMINATION SHALL RECONVENE AFTER PROVIDING
12 NOTICE AS REQUIRED BY SUBSECTION (5). AFTER HEARING THE EVIDENCE
13 OFFERED, THE BOARD OF DETERMINATION SHALL MAKE ITS DETERMINATION
14 ON THE NECESSITY OF THE PROPOSED PROJECT AND WHETHER THE PROJECT
15 IS NECESSARY AND CONDUCIVE TO PUBLIC HEALTH, CONVENIENCE, OR
16 WELFARE. THE DETERMINATION OF THE BOARD OF DETERMINATION IS
17 SOLELY FOR THE NECESSITY OF THE PROJECT. THE SCOPE OF THE WORK
18 TO BE UNDERTAKEN IS WITHIN THE SOLE AUTHORITY OF THE DRAIN
19 COMMISSIONER. IF THE BOARD OF DETERMINATION FINDS, BY A MAJORITY
20 VOTE OF THE MEMBERS, THAT THE PROPOSED PROJECT IS NOT NECESSARY
21 AND CONDUCIVE TO PUBLIC HEALTH, CONVENIENCE, OR WELFARE, THE
22 BOARD OF DETERMINATION SHALL FILE WITH THE COMMISSIONER AN ORDER
23 DISMISSING THE PETITION, PROCEDURES ARE TERMINATED, AND A FURTHER
24 PETITION FOR THE DRAIN SHALL NOT BE ENTERTAINED WITHIN 1 YEAR
25 AFTER DETERMINATION. COSTS INCURRED SHALL BE ASSESSED TO THE
26 DISTRICT AS IF IT HAD BEEN ESTABLISHED OR CONSTRUCTED. IF THE
27 BOARD OF DETERMINATION FINDS THAT THE PROPOSED DRAIN OR PROJECT
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1 IS NOT NECESSARY, COSTS INCURRED FOR THE BOARD OF DETERMINATION,
2 SURVEYORS, ENGINEERS, AND ATTORNEYS EMPLOYED, AND THE COSTS OF
3 NOTICE AND PUBLICATION SHALL BE PAID FROM THE GENERAL FUND OF THE
4 COUNTY. IF THE BOARD OF DETERMINATION, BY A MAJORITY VOTE, FINDS
5 THE PROPOSED PROJECT IS NECESSARY AND CONDUCIVE TO THE PUBLIC
6 HEALTH, CONVENIENCE, OR WELFARE, THE BOARD OF DETERMINATION SHALL
7 MAKE AN ORDER TO THAT EFFECT AND FILE THE ORDER WITH THE
8 COMMISSIONER.
9 (7) IF THE BOARD OF DETERMINATION FINDS THE PROPOSED PROJECT
10 NECESSARY, IT SHALL ALSO DETERMINE IF ALL OR A PORTION OF THE
11 COST OF CONSTRUCTION OF THE PROPOSED PROJECT IS NECESSARY FOR THE
12 PROTECTION OF THE PUBLIC HEALTH IN 1 OR MORE CITIES, VILLAGES,
13 AND TOWNSHIPS, THE ORDER SHALL SET FORTH THE DETERMINATION GIVING
14 THE NAMES OF THE MUNICIPALITIES RECEIVING BENEFIT FOR PUBLIC
15 HEALTH. IF THE BOARD OF DETERMINATION DETERMINES THAT THE WHOLE
16 COST, EXCEPT THAT TO BE LEVIED AGAINST STATE OR COUNTY HIGHWAYS
17 FOR HIGHWAY BENEFITS, IS NECESSARY FOR THE PUBLIC HEALTH, THE
18 COST SHALL BE LEVIED AGAINST THE MUNICIPALITIES AT LARGE, AND IT
19 IS NOT NECESSARY, IN A SUBSEQUENT ORDER OR NOTICE TO DESCRIBE OR
20 REFER TO LAND INCLUDED IN OR COMPRISING THE DRAINAGE DISTRICT.
21 UPON FILING OF THE ORDER OF DETERMINATION BY THE BOARD OF DETER-
22 MINATION, THE DRAIN COMMISSIONER, WITHIN 10 DAYS OF FILING, SHALL
23 NOTIFY EACH MUNICIPALITY THAT IT IS LIABLE TO PAY A PERCENT OF
24 THE COST OF CONSTRUCTION OF THE DRAIN BY REASON OF BENEFITS AT
25 LARGE FOR PUBLIC HEALTH. THE GOVERNING BODY OF THE MUNICIPALITY,
26 WITHIN 20 DAYS AFTER RECEIPT OF THE NOTIFICATION BY FIRST-CLASS
27 MAIL FROM THE DRAIN COMMISSIONER, MAY APPEAL THE ORDER OF THE
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1 BOARD OF DETERMINATION AS TO THE FINDING THAT ALL OR A PORTION OF
2 THE COSTS ARE NECESSARY FOR PUBLIC HEALTH TO THE PROBATE COURT
3 HAVING JURISDICTION IN THE COUNTY IN WHICH THE MUNICIPALITY IS
4 LOCATED. UPON RECEIPT OF THE ORDER OF THE BOARD OF DETERMINA-
5 TION, AND IF AN APPEAL HAS NOT BEEN TAKEN BY A MUNICIPALITY TO
6 THE PROBATE COURT, THE COMMISSIONER, AFTER 20 DAYS, SHALL MAKE
7 THE FIRST ORDER OF DETERMINATION IN WRITING, GIVING THE NAME OR
8 NUMBER OF THE DRAINAGE DISTRICT. THE COMMISSIONER SHALL ESTAB-
9 LISH THE COMMENCEMENT, ROUTE, TERMINUS, AND TYPE OF CONSTRUCTION
10 OF THE DRAIN. WITHIN 15 DAYS, THE DRAIN COMMISSIONER SHALL FILE
11 A COPY OF THE NOTICE IN HIS OR HER OFFICE. IF AN APPEAL IS TAKEN
12 TO THE PROBATE COURT BY A MUNICIPALITY, THE COMMISSIONER SHALL
13 FILE THE FIRST ORDER OF DETERMINATION AFTER THE APPEAL PROCEDURES
14 ARE TERMINATED.
15 (8) IF THE BOARD OF DETERMINATION DETERMINES THAT THE PRO-
16 POSED PROJECT IS NECESSARY AND CONDUCIVE TO THE PUBLIC HEALTH,
17 CONVENIENCE, OR WELFARE, THE DRAIN COMMISSIONER MAY, AT THE TIME
18 OF THE MEETING OF THE BOARD OF DETERMINATION, OR SUBSEQUENTLY
19 UPON DUE NOTICE, CONVENE A MEETING TO PROVIDE INFORMATION OR
20 ELICIT TESTIMONY AND EVIDENCE WITH REGARD TO THE ROUTE AND TYPE
21 OF CONSTRUCTION AND ESTIMATE OF COST OF THE DRAIN TO ASSIST THE
22 DRAIN COMMISSIONER IN DETERMINING THE SCOPE OF THE DRAIN PROJECT
23 TO BE UNDERTAKEN BY THE COMMISSIONER OR DRAINAGE BOARD. THE
24 MEETING IS FOR INFORMATIONAL PURPOSES ONLY.
25 Sec. 194. In any petition filed under this chapter it
26 shall not be necessary for the petitioners to describe said drain
27 other than by its name or to describe its commencement, general
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1 route and terminus. For any work necessary to be done in
2 cleaning out, widening, deepening, straightening, consolidating,
3 extending, relocating, tiling or relocating along a highway, or
4 for providing structures or mechanical devices that will properly
5 purify or improve the flow of the drain or pumping equipment nec-
6 essary to assist or relieve the flow of the drain or needs sup-
7 plementing by the construction of 1 or more relief drains which
8 may consist of new drains or extensions, enlargements or connec-
9 tions to existing drains, or needs 1 or more branches added
10 thereto, and for any and all such proceedings, only 1 petition
11 and proceeding shall be necessary. AFTER THE BOARD OF DETERMINA-
12 TION FINDS BY MAJORITY VOTE OF THE MEMBERS APPOINTED THAT THE
13 PROPOSED PROJECT IS OR IS NOT NECESSARY, A PERSON OR MUNICIPALITY
14 FEELING AGGRIEVED BY THE DETERMINATION MAY INSTITUTE AN ACTION IN
15 CIRCUIT COURT FOR THE COUNTY IN WHICH THE DRAINAGE DISTRICT IS
16 LOCATED FOR A REVIEW OF THE DETERMINATION. THE ACTION SHALL BE
17 FILED BY THE PERSON OR MUNICIPALITY AGGRIEVED WITHIN 10 DAYS
18 AFTER THE DETERMINATION OF NECESSITY OR NO NECESSITY. THE PUR-
19 POSE OF THE CIRCUIT COURT REVIEW IS TO DETERMINE WHETHER THE
20 DECISION OF THE BOARD OF DETERMINATION WAS AUTHORIZED BY LAW AND
21 SUPPORTED BY SUBSTANTIAL, MATERIAL, OR COMPETENT EVIDENCE OF THE
22 WHOLE RECORD. THE REVIEW SHALL BE MADE ON THE RECORD PRESENTED
23 TO THE BOARD OF DETERMINATION AND NO ADDITIONAL TESTIMONY OR EVI-
24 DENCE SHALL BE OFFERED EXCEPT FOR PURPOSES OF CLAIM OF FRAUD OR
25 ERROR OF LAW.
26 Sec. 195. In case it shall be necessary to secure further
27 right of way and allow damages therefor, for any work
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1 contemplated by this chapter, the commissioner shall take all the
2 necessary steps to obtain such right of way as are prescribed by
3 chapter 4, being sections 71 to 84, inclusive, of this act. THE
4 COMMISSIONER SHALL SECURE THE SERVICE OF AN ENGINEER. THE ENGI-
5 NEER SHALL BE SELECTED BASED ON HIS OR HER QUALIFICATIONS. THE
6 ENGINEER SHALL PREPARE PLANS, SPECIFICATIONS, AND AN ESTIMATE OF
7 COST OF THE PROPOSED DRAIN. THE COMMISSIONER SHALL SECURE FROM
8 AN ENGINEER OR SURVEYOR DESCRIPTION OF THE LANDS OR RIGHTS OF WAY
9 NEEDED FOR THE PROPOSED DRAIN. IN APPROVING THE ROUTE OF THE
10 DRAIN AS FURNISHED BY THE ENGINEER, THE COMMISSIONER IS NOT
11 LIMITED TO THAT DESCRIBED IN THE PETITION OR IN THE FIRST ORDER
12 OF DETERMINATION, IF THE NEW ROUTE IS MORE EFFICIENT AND
13 SERVICEABLE.
14 Sec. 196. (1) An annual inspection may be made of all
15 drains laid out and constructed under this act. Inspection shall
16 also be made upon the request of the governing body of a public
17 corporation, as defined in section 461, served in whole or in
18 part by the drain to be inspected. For county drains, the
19 inspection shall be made by the drain commissioner, or a compe-
20 tent person appointed by the drain commissioner. For intercounty
21 drains, the inspection shall be caused to be made by the drainage
22 board.
23 (2) Surplus construction funds remaining after completion of
24 construction of a drain, or funds remaining after completion of
25 work performed under a petition for maintenance or improvements
26 under this chapter, shall be deposited in the drain fund of a
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1 drainage district and shall be expended for inspection, repair,
2 and maintenance of the drain.
3 (3) If at any time the drain fund of a drainage district
4 contains less than $2,500.00 per mile of drain or fraction of a
5 mile, the drain commissioner or drainage board may assess the
6 drainage district for an amount not to exceed $1,250.00 a mile or
7 fraction of a mile in any 1 year. The amount collected under an
8 assessment shall be deposited in the drain fund of a drainage
9 district for necessary inspection, repair, and maintenance of the
10 drain.
11 (4) If an inspection discloses the necessity of expending
12 money for the maintenance and repair of a drain in order to keep
13 it in working order, the drain commissioner for a county drain,
14 or the drainage board for an intercounty drain, may without peti-
15 tion expend an amount not to exceed in any 1 year $2,500.00 per
16 mile or fraction of a mile for maintenance and repair of a
17 drain.
18 (5) If the drain commissioner or the drainage board finds it
19 necessary to expend funds in excess of $2,500.00 per mile or
20 fraction of a mile in any 1 year for the maintenance and repair
21 of a drain, the additional amounts shall not be expended until
22 approved by resolution of the governing body of each township,
23 city, and village affected by more than 20% of the cost.
24 (6) If the drain fund of a drainage district does not con-
25 tain sufficient funds to pay for inspection, repair, and mainte-
26 nance authorized by this section, the drain commissioner or the
27 drainage board shall reassess the drainage district for the
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1 inspection, repair, and maintenance according to benefits
2 received. A reassessment shall be made and spread upon the city
3 or township tax assessment roll within 2 years after the comple-
4 tion of the inspection, repair, and maintenance. If the total
5 expenditure is more than $2,500.00 per mile or fraction of a
6 mile, all real property owners subject to an assessment within
7 the drainage district shall be notified of the assessment by pub-
8 lication in a newspaper of general circulation within the drain-
9 age district and by first class mail to the name and address that
10 appears on the last city or township assessment roll. An affida-
11 vit of mailing shall be made by the drain commissioner that shall
12 be conclusive proof that the notices required by this subsection
13 were mailed. The failure to receive the notices by mail shall
14 not constitute a jurisdictional defect invalidating a drain tax
15 if notice by publication was given as required by this
16 subsection.
17 (7) An assessment for the actual cost of inspection, repair,
18 and maintenance performed on a drain, or an assessment to be
19 deposited in the drain fund of a drainage district, shall be made
20 according to benefits received. The expenditure limit of
21 $2,500.00 per mile of drain or fraction of a mile shall be used
22 to calculate the maximum amount that the drain commissioner or
23 drainage board may assess in any 1 year without a petition or a
24 request from a public corporation. The property in a drainage
25 district that benefits from the inspection, repair, or mainte-
26 nance of the drain is subject to assessment for that inspection,
27 repair, or maintenance. Determination of the maximum assessment
01117'97
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1 amount allowed without petition or request, or of the property
2 that is subject to assessment, shall be based on the number of
3 miles of drain and areas of the drainage district receiving bene-
4 fits and not on the actual number of miles or actual location of
5 the inspection, repair, or maintenance.
6 (8) If an emergency condition exists that endangers the
7 public health, crops, or property within a drainage district, the
8 drain commissioner or the drainage board may expend funds for
9 maintenance and repair to alleviate the emergency condition.
10 (9) Nothing in this section prohibits the drain commissioner
11 or the drainage board from spending funds in excess of $2,500.00
12 per mile or fraction of a mile in any 1 year for inspection,
13 maintenance, and repair of a drain when requested by a public
14 corporation, if the public corporation pays the entire cost of
15 the inspection, maintenance, and repair.
16 (10) In computing the amounts that may be expended in
17 accordance with this section, the cost of work to be performed by
18 a federal agency or public corporation that is not chargeable to
19 the county or intercounty drainage district shall not be includ-
20 ed, nor shall it be necessary for the drain commissioner or the
21 drainage board to advertise for bids for that portion of the work
22 to be done by the federal agency or public corporation.
23 (11) For purposes of this section, the costs of maintenance
24 or repair shall include the costs of maintaining the drain in
25 working order to continue a normal flow of water, including the
26 servicing or repair of necessary pumping equipment and utility
27 charges for pumping equipment; the cost of keeping the drain free
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1 from rubbish, debris, siltation, or obstructions; the cost of
2 repairing a portion or all of a tile or drain to continue the
3 normal flow of water; and other costs associated with the costs
4 enumerated in this subsection.
5 (12) If the cost of maintenance and repair of a drain
6 includes utility charges or costs to service pumping stations,
7 sewage treatment facilities, or retention basins, the limitation
8 for maintenance and repair shall not apply except that the drain
9 commissioner or drainage board may levy sufficient special
10 assessments to pay the charges or costs but not more than the
11 amount sufficient to pay those charges or costs.
12 (13) The salaries, expenses, and fringe benefits of cleri-
13 cal, administrative, and engineering employees of the drain com-
14 missioner or drainage board working incidental to the operation,
15 repair, or maintenance of a drain shall be chargeable to and paid
16 as budgeted from the county general fund and not chargeable to or
17 by the drain fund of a drainage district.
18 (14) A violation of this section is a misdemeanor punishable
19 by imprisonment for not more than 1 year, or by a fine of not
20 more than $1,000.00, or both. ALL APPORTIONMENTS UNDER THIS
21 CHAPTER SHALL BE MADE ACCORDING TO THE BENEFITS RECEIVED AND
22 SHALL BE SUBJECT TO APPEAL IN THE SAME MANNER AS IN THE FIRST
23 INSTANCE. IF THE APPORTIONMENT IS THE SAME AS THE LAST RECORDED
24 APPORTIONMENT, NO DAY OF REVIEW IS NECESSARY. IF THE APPORTION-
25 MENT IS CHANGED, OR IF AN APPORTIONMENT IS MADE IN A CONSOLIDATED
26 DISTRICT WHICH APPORTIONS BENEFITS BETWEEN LANDS WERE NOT
27 PREVIOUSLY ASSESSED BY THE CONSOLIDATED DISTRICT, THE PROCEDURE
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1 SHALL BE AS PROVIDED UNDER CHAPTER 7, INCLUDING THE NOTICE OF AND
2 THE HOLDING OF A DAY OF REVIEW.
3 Sec. 197. (1) On receipt of a petition filed under this
4 chapter, the commissioner or the drainage board may require a
5 competent surveyor or engineer to make a survey of the drain or
6 of the district, or a portion of the drain or district, or if
7 necessary, lay out a new district including the land benefited,
8 or make profiles, plans, or estimates of the work and file all
9 data concerning the profiles, plans, or estimates with the com-
10 missioner or the chairperson of the drainage board. If it
11 appears that land has been added to the drainage district, the
12 drain commissioner for a county drain, or the chairperson of the
13 drainage board for an intercounty drain, shall notify the board
14 of determination who allowed the petition that the land should be
15 added to the district. The drain commissioner or chairperson of
16 the drainage board shall call a meeting of the board of
17 determination. If a member of the board of determination is dis-
18 qualified or unable to act, then the member's place shall be
19 filled by appointment as in the first instance. The notice shall
20 specify the time, date, and place within the drainage district at
21 which the board of determination shall reconvene. The drain com-
22 missioner or chairperson of the drainage board also shall cause
23 the notice to be published once in a newspaper of general circu-
24 lation in the county or a newspaper of general circulation in the
25 area where the drain improvement is contemplated at least 10 days
26 before the meeting. Notice of the time and place of the meeting,
27 by first class mail, shall be sent at least 10 days before the
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1 date of the meeting, to each person whose name appears upon the
2 last city or township tax assessment roll as owning land within
3 the enlarged drainage district, at the address shown on the
4 roll. If an address does not appear on the roll, then notice
5 need not be mailed to the person. The drain commissioner shall
6 make an affidavit of the mailing and shall recite in the affida-
7 vit that the persons to whom the notice was mailed constitute all
8 of the persons whose names and addresses appear upon the tax
9 rolls as owning land within the enlarged drainage district. The
10 affidavit shall be conclusive proof that notice was mailed to
11 each person to whom notice is required to be mailed by this
12 section. The failure to receive a notice by mail shall not con-
13 stitute a jurisdictional defect invalidating a drain proceeding
14 or tax, if notice was sent by first-class mail as provided in
15 this section. All expense of notification shall be paid by the
16 drainage district.
17 (2) At the time, date, and place designated by the drain
18 commissioner or the chairperson of the drainage board the board
19 of determination shall reconvene. Upon reconvening, if the board
20 of determination by a majority vote of members finds the proposed
21 addition of the land to the drainage district necessary and con-
22 ducive to the public health, convenience, or welfare, they shall
23 make an order to that effect and file the order with the drain
24 commissioner or drainage board. The drain commissioner or drain-
25 age board shall take the steps and perform the acts which are
26 required for the locating, establishing, and constructing of
27 drains as designated in chapter 4 or chapter 6. IN A PETITION
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1 FILED UNDER THIS CHAPTER IT IS NOT NECESSARY FOR THE PETITIONERS
2 TO DESCRIBE THE DRAIN OTHER THAN BY ITS NAME OR BY ITS COMMENCE-
3 MENT, GENERAL ROUTE, AND TERMINUS. ONLY 1 PETITION AND PROCEED-
4 ING SHALL BE NECESSARY FOR ANY OF THE MEASURES DESCRIBED IN
5 SECTION 191(1)(A) TO (E).
6 Sec. 198. The assessment, collection and return of drain
7 taxes for any work done under this chapter shall be made in the
8 same manner and under the same provisions as in this act provided
9 for drain taxes assessed, collected, returned and enforced in the
10 first instance: Provided, That in all proceedings involving sub-
11 sequent assessments, the drain commissioner shall furnish to the
12 supervisor of each township containing parcels of land subject to
13 such assessment the names of the owners of record of such parcels
14 as of the date of the assessment. IF IT IS NECESSARY TO SECURE
15 FURTHER RIGHT OF WAY AND ALLOW DAMAGES THEREFOR FOR WORK UNDER
16 THIS CHAPTER, THE COMMISSIONER OR DRAINAGE BOARD SHALL TAKE THE
17 NECESSARY STEPS TO OBTAIN THE RIGHT OF WAY AS PROVIDED BY
18 SECTIONS 74 AND 75.
19 Sec. 199. (1) In case the necessity for cleaning out any
20 drain arises from the act or neglect of any land owner, said act
21 or neglect shall be taken into consideration by the commissioner
22 in making the apportionment. In case the cost of cleaning out
23 shall be lessened by the tiling of the source of the drain under
24 section 425 of this act, the commissioner may take that into con-
25 sideration in making the apportionment of benefits against the
26 land so tiled, but in no case shall said benefits be considered
27 to be less than 50% of the benefits to such land if it were not
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1 tiled. Should there be a surplus in any drain fund, the
2 commissioner or drainage board, as the case may be, may, in their
3 discretion, without application or notice, pay out of such funds
4 a reasonable compensation for cleaning out any obstruction that
5 may accumulate in the particular drain for which the fund was
6 raised. AN ANNUAL INSPECTION MAY BE MADE OF ALL DRAINS LAID OUT
7 AND CONSTRUCTED UNDER THIS ACT. INSPECTION SHALL ALSO BE MADE
8 UPON THE REQUEST OF THE GOVERNING BODY OF A PUBLIC CORPORATION,
9 AS DEFINED IN SECTION 461, SERVED IN WHOLE OR IN PART BY THE
10 DRAIN TO BE INSPECTED. AN INSPECTION AND WRITTEN REPORT SHALL BE
11 MADE ON ALL DRAINS NEWLY ESTABLISHED AND CONSTRUCTED, IMPROVED,
12 OR RESTORED TO THE LAST ESTABLISHED DEPTH BOTTOM WIDTH AND GRADE
13 AT LEAST EVERY THREE YEARS FROM THE DATE OF THE COMPLETION OF THE
14 CONSTRUCTION COMMENCING ON THE EFFECTIVE DATE OF THE AMENDATORY
15 ACT THAT ADDED THIS SENTENCE. IF IT IS DETERMINED FOLLOWING THE
16 COMPLETION OF THE INSPECTION THAT MAINTENANCE IS NECESSARY ON THE
17 DRAIN, MAINTENANCE WORK SHALL BE PERFORMED IN A TIMELY MANNER BY
18 THE COMMISSIONER OR DRAINAGE BOARD. FOR COUNTY DRAINS, THE
19 INSPECTION SHALL BE MADE BY THE DRAIN COMMISSIONER, OR A COMPE-
20 TENT PERSON APPOINTED BY THE DRAIN COMMISSIONER. FOR INTERCOUNTY
21 DRAINS, THE INSPECTION SHALL BE CAUSED TO BE MADE BY THE DRAINAGE
22 BOARD. THE FAILURE TO INSPECT AS REQUIRED BY THIS SECTION DOES
23 NOT CREATE A DEFECT INVALIDATING THE DRAIN OR AN ASSESSMENT.
24 (2) SURPLUS CONSTRUCTION FUNDS REMAINING AFTER COMPLETION OF
25 CONSTRUCTION OF A DRAIN, OR FUNDS REMAINING AFTER COMPLETION OF
26 WORK PERFORMED UNDER A PETITION FOR MAINTENANCE OR IMPROVEMENT
27 UNDER THIS CHAPTER, SHALL BE DEPOSITED IN THE DRAIN FUND OF A
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1 DRAINAGE DISTRICT AND EXPENDED FOR INSPECTION, REPAIR, AND
2 MAINTENANCE OF THE DRAIN.
3 (3) IF AT ANY TIME THE DRAIN FUND OF A DRAINAGE DISTRICT
4 CONTAINS LESS THAN $5,000.00 PER MILE OR FRACTION OF A MILE OF A
5 DRAIN, THE DRAIN COMMISSIONER OR DRAINAGE BOARD MAY ASSESS THE
6 DRAINAGE DISTRICT FOR AN AMOUNT NOT TO EXCEED $2,500.00 A MILE OR
7 FRACTION OF A MILE IN ANY 1 YEAR. THE AMOUNT COLLECTED UNDER AN
8 ASSESSMENT SHALL BE DEPOSITED IN THE DRAIN FUND OF A DRAINAGE
9 DISTRICT FOR NECESSARY INSPECTION, REPAIR, AND MAINTENANCE OF THE
10 DRAIN.
11 (4) IF AN INSPECTION DISCLOSES THE NECESSITY OF EXPENDING
12 MONEY FOR THE MAINTENANCE AND REPAIR OF A DRAIN IN ORDER TO KEEP
13 IT IN WORKING ORDER, THE DRAIN COMMISSIONER FOR A COUNTY DRAIN,
14 OR THE DRAINAGE BOARD FOR AN INTERCOUNTY DRAIN, MAY WITHOUT PETI-
15 TION EXPEND AN AMOUNT NOT TO EXCEED IN ANY 1 YEAR $5,000.00 PER
16 MILE OR FRACTION OF A MILE FOR MAINTENANCE OR REPAIR OF A DRAIN.
17 THE DETERMINATION OF THE MAXIMUM EXPENDITURE ALLOWED WITHOUT
18 PETITION OR RESOLUTION SHALL BE BASED ON THE TOTAL NUMBER OF
19 MILES OF THE DRAIN AND NOT ON THE ACTUAL NUMBER OF MILES OR LOCA-
20 TION OF THE MAINTENANCE OR REPAIR.
21 (5) IF THE DRAIN COMMISSIONER OR THE DRAINAGE BOARD FINDS IT
22 NECESSARY TO EXPEND FUNDS IN EXCESS OF $5,000.00 PER MILE OR PER
23 FRACTION OF A MILE, IN ANY 1 YEAR FOR THE MAINTENANCE OR REPAIR
24 OF A DRAIN, THE ADDITIONAL AMOUNTS SHALL NOT BE EXPENDED UNTIL
25 APPROVED BY THE GOVERNING BODY OF A MUNICIPALITY AFFECTED BY MORE
26 THAN 20% OF THE COST.
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1 (6) IN DETERMINING WHETHER OR NOT A MUNICIPALITY IS AFFECTED
2 BY MORE THAN 20% OF THE COST THE DRAIN COMMISSIONER OR DRAINAGE
3 BOARD SHALL CONSIDER THE TOTAL OF THE AT LARGE PERCENTAGES OF THE
4 APPORTIONMENT TOGETHER WITH THE TOTAL PERCENTAGE OF LAND
5 APPORTIONED. IF THE DRAIN FUND OF A DRAINAGE DISTRICT DOES NOT
6 CONTAIN SUFFICIENT FUNDS TO PAY FOR INSPECTION, REPAIR, AND MAIN-
7 TENANCE AUTHORIZED BY THIS SECTION, THE DRAIN COMMISSIONER OR THE
8 DRAINAGE BOARD SHALL REASSESS THE DRAINAGE DISTRICT FOR THE
9 INSPECTION, REPAIR, AND MAINTENANCE ACCORDING TO BENEFITS
10 RECEIVED. THE REASSESSMENT SHALL BE MADE AND SPREAD UPON THE
11 CITY, VILLAGE, OR TOWNSHIP TAX ROLL OR TAX ASSESSMENT ROLL WITHIN
12 THREE YEARS AFTER THE COMPLETION OF THE INSPECTION, REPAIR, AND
13 MAINTENANCE. IF THE TOTAL EXPENDITURE IS MORE THAN $5,000.00 PER
14 MILE OR FRACTION OF A MILE, ALL LANDOWNERS AND MUNICIPALITIES
15 SUBJECT TO AN ASSESSMENT WITHIN THE DRAINAGE DISTRICT SHALL BE
16 NOTIFIED OF THE NATURE AND TYPE OF THE MAINTENANCE AND REPAIR TO
17 BE CONDUCTED BEFORE THE COMMENCEMENT OF THE WORK AND OF THE
18 ASSESSMENT. THE NOTICE SHALL BE SENT BY FIRST-CLASS MAIL TO THE
19 NAME AND ADDRESS THAT APPEARS ON THE LAST CITY, VILLAGE, OR TOWN-
20 SHIP ASSESSMENT ROLL.
21 (7) IF THE DRAIN FUND OF A DRAINAGE DISTRICT DOES NOT CON-
22 TAIN SUFFICIENT FUNDS, OR THE DISTRICT IS OBLIGATED TO REPAY OUT-
23 STANDING INDEBTEDNESS TO PAY FOR INSPECTION, REPAIR, AND MAINTE-
24 NANCE, THE DRAIN COMMISSIONER OR DRAINAGE BOARD SHALL ASSESS THE
25 DRAINAGE DISTRICT ACCORDING TO BENEFITS RECEIVED. A REASSESSMENT
26 SHALL BE MADE AND SPREAD UPON THE CITY OR TOWNSHIP TAX ASSESSMENT
27 ROLLS WITHIN 2 YEARS AFTER THE COMPLETION OF THE INSPECTION,
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1 REPAIR, AND MAINTENANCE. IF THE TOTAL ESTIMATED EXPENDITURE WILL
2 EXCEED $5,000.00 PER MILE OR A FRACTION OF A MILE, ALL REAL PROP-
3 ERTY OWNERS AND MUNICIPALITIES WITHIN THE DISTRICT OR ABUTTING
4 THE DRAIN SHALL RECEIVE NOTICE FOR THE NATURE AND TYPE OF MAINTE-
5 NANCE TO BE CONDUCTED BEFORE THE COMMENCEMENT OF WORK BY
6 FIRST-CLASS MAIL AND BY PUBLICATION IN A NEWSPAPER OF GENERAL
7 CIRCULATION. AN AFFIDAVIT OF MAILING SHALL BE MADE BY THE DRAIN
8 COMMISSIONER OR DRAINAGE BOARD. THE AFFIDAVIT IS CONCLUSIVE
9 PROOF THAT THE NOTICES REQUIRED BY THIS SUBSECTION WERE MAILED.
10 THE FAILURE TO RECEIVE NOTICES BY MAIL SHALL NOT CONSTITUTE A
11 JURISDICTIONAL DEFECT INVALIDATING A TAX IF NOTICE BY PUBLICATION
12 WAS GIVEN AS REQUIRED BY THIS SUBSECTION.
13 (8) AN ASSESSMENT FOR THE ACTUAL COST OF INSPECTION, REPAIR,
14 AND MAINTENANCE PERFORMED ON A DRAIN, OR AN ASSESSMENT TO BE
15 DEPOSITED IN THE DRAIN FUND OF A DRAINAGE DISTRICT, SHALL BE MADE
16 ACCORDING TO BENEFITS RECEIVED.
17 (9) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, IF AN
18 EMERGENCY CONDITION EXISTS WITHIN THE DRAINAGE DISTRICT THAT
19 ENDANGERS THE PUBLIC HEALTH, SAFETY, OR WELFARE, CROPS, OR PROP-
20 ERTY, THE DRAIN COMMISSIONER OR THE DRAINAGE BOARD MAY EXPEND
21 FUNDS FOR MAINTENANCE AND REPAIR TO ALLEVIATE THE EMERGENCY
22 CONDITION. BEFORE THE COSTS INCURRED FOR ELIMINATING AN EMER-
23 GENCY CONDITION ARE ASSESSED, THE DRAIN COMMISSIONER OR DRAINAGE
24 BOARD SHALL FILE A WRITTEN STATEMENT DESCRIBING THE REASONS THAT
25 AN EMERGENCY CONDITION EXISTS.
26 (10) IN COMPUTING AMOUNTS UNDER THIS SECTION, THE COST OF
27 WORK TO BE PERFORMED BY A FEDERAL AGENCY OR PUBLIC CORPORATION
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1 THAT IS NOT CHARGEABLE TO THE COUNTY OR INTERCOUNTY DRAINAGE
2 DISTRICT SHALL NOT BE INCLUDED, NOR SHALL IT BE NECESSARY FOR THE
3 DRAIN COMMISSIONER OR THE DRAINAGE BOARD TO ADVERTISE FOR BIDS
4 FOR THAT PORTION OF THE WORK TO BE DONE BY THE FEDERAL AGENCY OR
5 PUBLIC CORPORATION. INSPECTION, ENGINEERING, LEGAL, OR CONSUL-
6 TANT FEES SHALL NOT BE INCLUDED IN AMOUNTS COMPUTED UNDER THIS
7 SECTION.
8 (11) FOR PURPOSES OF THIS SECTION, THE COSTS OF MAINTENANCE
9 OR REPAIR INCLUDE THE COSTS OF MAINTAINING THE DRAIN IN WORKING
10 ORDER TO CONTINUE A NORMAL FLOW OF WATER, INCLUDING COSTS
11 INCURRED BY THE DRAIN COMMISSIONER OR DRAINAGE BOARD FOR INSPEC-
12 TION OR PROFESSIONAL CONSULTATION FEES AND CONTRACTUAL SERVICES,
13 THE SERVICING OR REPAIR OF NECESSARY PUMPING EQUIPMENT, THE PHYS-
14 ICAL REMOVAL OF BLOCKAGES TO FLOW, THE COSTS TO KEEP THE DRAIN
15 FREE FROM RUBBISH, DEBRIS, SILTATION, OR OBSTRUCTIONS; EROSION
16 REPAIR AND CONTROL; SEDIMENTATION CONTROL; REPLACEMENT, MAINTE-
17 NANCE OF DETERIORATED STRUCTURES THAT HAVE DIMINISHED THE CAPAC-
18 ITY OF A DRAIN OR THAT ARE UNSTABLE, UNSAFE, OR HAVE THE POTEN-
19 TIAL TO BE UNSTABLE OR UNSAFE; THE COST OF REPAIRING OR PLACING A
20 PORTION OR ALL OF A TILE OR DRAIN TO CONTINUE THE NORMAL FLOW OF
21 WATER; COSTS OF THE REMOVAL AND DISPOSAL OF CONTAMINATED MATERI-
22 AL; CONTRACTUAL EXPENSES RELATED TO THE LEVYING AND COLLECTION OF
23 SPECIAL ASSESSMENTS FOR THE WORK PERFORMED; AND ALL OTHER COSTS
24 ASSOCIATED WITH THE COSTS SPECIFIED IN THIS SUBSECTION.
25 (12) THE DRAIN COMMISSIONER OR DRAINAGE BOARD MAY ENTER INTO
26 A WRITTEN AGREEMENT WITH A LANDOWNER TO ENTER UPON PROPERTY FOR
27 PURPOSES OF REMOVING AN OBSTRUCTION IN A WATERCOURSE THAT IS NOT
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1 AN ESTABLISHED COUNTY OR INTERCOUNTY DRAIN, IF IT APPEARS THAT
2 THE WATERCOURSE IS AN OUTLET OF A COUNTY OR INTERCOUNTY DRAIN AND
3 THAT THE COSTS ATTENDANT TO THE ACCESS OF PROPERTY AND REMOVAL OF
4 THE OBSTRUCTION WILL BE ASSESSED AGAINST THE DRAINAGE DISTRICT.
5 (13) IF THE COST OF MAINTENANCE AND REPAIR OF A DRAIN
6 INCLUDES UTILITY CHARGES OR COSTS TO SERVICE PUMPING STATIONS,
7 SEWAGE TREATMENT FACILITIES, OR RETENTION BASINS, THE LIMITATION
8 ON THE AMOUNT OF EXPENDITURES IN SUBSECTIONS (3) TO (7) DO NOT
9 APPLY EXCEPT THAT THE DRAIN COMMISSIONER OR DRAINAGE BOARD MAY
10 LEVY SUFFICIENT SPECIAL ASSESSMENTS TO PAY THE CHARGES OR COSTS
11 BUT NOT MORE THAN THE AMOUNT SUFFICIENT TO PAY THOSE CHARGES OR
12 COSTS.
13 (14) THIS SECTION DOES NOT PROHIBIT THE DRAIN COMMISSIONER
14 OR THE DRAINAGE BOARD FROM SPENDING FUNDS IN EXCESS OF $5,000.00
15 PER MILE OR FRACTION OF A MILE IN ANY 1 YEAR FOR INSPECTION,
16 MAINTENANCE, OR REPAIR OF A DRAIN IF THE INSPECTION, MAINTENANCE,
17 OR REPAIR IS REQUESTED AND THE ENTIRE COST IS PAID FOR BY A
18 PUBLIC CORPORATION, PRIVATE CORPORATION, OR OTHER PERSON.
19 (15) THE SALARIES, EXPENSES, AND FRINGE BENEFITS OF CLERI-
20 CAL, ADMINISTRATIVE, AND ENGINEERING EMPLOYEES OF THE DRAIN COM-
21 MISSIONER OR DRAINAGE BOARD WORKING INCIDENTAL TO THE OPERATION,
22 REPAIR, OR MAINTENANCE OF A DRAIN SHALL BE CHARGEABLE TO AND PAID
23 AS BUDGETED FROM THE COUNTY GENERAL FUND AND NOT CHARGEABLE TO OR
24 BY THE DRAIN FUND OF A DRAINAGE DISTRICT.
25 Sec. 200. (1) In lieu of assessing the cost of the mainte-
26 nance and repair of any drain to parcels of land in the drainage
27 district within any city, village, township, charter township or
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1 county, the commissioner or drainage board may contract relative
2 to such cost with any city, village, township, charter township
3 or county in which the drain, or any part thereof, is located, or
4 whose residents use the drain for drainage or for the transporta-
5 tion of sewage. In the contract any city, village, township,
6 charter township or county may agree (1) to pay annually to the
7 commissioner or the drainage board certain sums for the cost of
8 maintenance and repair of any drain and for the creation of a
9 reserve fund therefor, or (2) to provide such sums periodically
10 as needed, or (3) to reimburse the commissioner or drainage board
11 for all sums expended for maintenance and repair, or (4) for any
12 combination of the foregoing. The contract shall be approved and
13 its execution authorized by a resolution adopted by the legisla-
14 tive body of the city, village, township, charter township or
15 county and shall be executed by the commissioner or drainage
16 board on behalf of the drainage district. The city, village,
17 township, charter township or county may fulfill its obligation
18 to pay in accordance with the terms of the contract out of its
19 general funds, service charges to its residents, or any other
20 legally available funds. The contract shall specify the manner
21 in which the obligation to pay shall be fulfilled. ON RECEIPT OF
22 A PETITION FILED UNDER THIS CHAPTER, THE COMMISSIONER OR THE
23 DRAINAGE BOARD MAY REQUIRE A COMPETENT SURVEYOR OR ENGINEER TO
24 MAKE A SURVEY OF THE DRAIN OR OF THE DISTRICT, OR A PORTION OF
25 THE DRAIN OR DISTRICT; IF NECESSARY, LAY OUT A NEW DISTRICT
26 INCLUDING THE LAND BENEFITED; OR MAKE PROFILES, PLANS, OR
27 ESTIMATES OF THE WORK AND FILE ALL DATA CONCERNING THE PROFILES,
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1 PLANS, OR ESTIMATES WITH THE COMMISSIONER OR THE CHAIRPERSON OF
2 THE DRAINAGE BOARD.
3 (2) IF A NEW DISTRICT IS LAID OUT AND INCLUDES ADDED LANDS,
4 INCLUDING LANDS IN A COUNTY WHICH WAS NOT A PART OF AN ORIGINAL
5 INTERCOUNTY DRAINAGE DISTRICT, THE DRAIN COMMISSIONER FOR A
6 COUNTY DRAIN, OR THE CHAIRPERSON OF THE DRAINAGE BOARD, SHALL
7 NOTIFY THE BOARD OF DETERMINATION OR DRAINAGE BOARD THAT ALLOWED
8 THE PETITION, THAT THE LAND SHOULD BE ADDED TO THE DISTRICT. THE
9 DRAIN COMMISSIONER OR CHAIRPERSON OF THE DRAINAGE BOARD SHALL
10 CALL A MEETING OF THE BOARD OF DETERMINATION. IF A MEMBER OF THE
11 BOARD OF DETERMINATION IS DISQUALIFIED OR UNABLE TO ACT, THEN THE
12 MEMBER'S PLACE SHALL BE FILLED BY APPOINTMENT AS IN THE FIRST
13 INSTANCE. THE NOTICE SHALL COMPLY WITH SECTION 8, AND BE FOR-
14 WARDED TO THE LANDOWNERS AND MUNICIPALITIES IN THE DISTRICT AS IF
15 LANDS WERE ADDED. ALL EXPENSE OF NOTIFICATION SHALL BE PAID BY
16 THE DRAINAGE DISTRICT.
17 (3) AT THE TIME, DATE, AND PLACE DESIGNATED BY THE DRAIN
18 COMMISSIONER OR THE CHAIRPERSON OF THE DRAINAGE BOARD, THE BOARD
19 OF DETERMINATION SHALL RECONVENE. UPON RECONVENING, IF THE BOARD
20 OF DETERMINATION BY A MAJORITY VOTE OF MEMBERS FINDS THE PROPOSED
21 ADDITION OF THE LAND TO THE DRAINAGE DISTRICT NECESSARY OR CONDU-
22 CIVE TO THE PUBLIC HEALTH, CONVENIENCE, OR WELFARE, THE BOARD OF
23 DETERMINATION SHALL MAKE AN ORDER TO THAT EFFECT AND FILE THE
24 ORDER WITH THE DRAIN COMMISSIONER OR DRAINAGE BOARD.
25 Sec. 221. (1) At the time and place fixed in the notice
26 therefor, the commissioner shall receive bids for the
27 construction of the drain. THE COMMISSIONER OR DRAINAGE BOARD
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1 SHALL GIVE NOTICE FOR THE RECEIVING OF BIDS FOR THE CONSTRUCTION,
2 MAINTENANCE, OR IMPROVEMENT OF THE DRAIN. THE NOTICE SHALL SPEC-
3 IFY THE TIME AND PLACE OF RECEIVING BIDS. THE NOTICE SHALL ALSO
4 PROVIDE A BRIEF DESCRIPTION OF THE PROJECT INCLUDING ITS GENERAL
5 LOCATION, TYPE OF CONSTRUCTION, AND ESTIMATE OF THE AMOUNT AND
6 TYPE OF TILE OR PIPE REQUIRED WHEN THE DRAIN. THE NOTICE SHALL
7 ALSO SPECIFY WHETHER A CONTRACTOR MUST MEET CERTAIN PREQUALIFICA-
8 TIONS IN ORDER TO SUBMIT A BID FOR THE CONSTRUCTION OF THE DRAIN
9 AND WHERE THE PREQUALIFICATIONS CAN BE REVIEWED BY A PROSPECTIVE
10 CONTRACTOR. The commissioner OR THE DRAINAGE BOARD may in any
11 case, and shall for all drains having an estimated cost exceeding
12 $5,000.00 $10,000.00, advertise for sealed proposals, to be
13 opened on the day of letting. IF A LANDOWNER OR DEVELOPER IS
14 PAYING THE ENTIRE COST OF THE CONSTRUCTION, MAINTENANCE, OR
15 IMPROVEMENT, THE COMMISSIONER OR THE DRAINAGE BOARD IS NOT
16 REQUIRED TO ADVERTISE FOR SEALED PROPOSALS, IF THE CONTRACTOR
17 CHOSEN BY THE LANDOWNER OR DEVELOPER IS ACCEPTABLE TO THE COMMIS-
18 SIONER OR DRAINAGE BOARD. A CONTRACTOR SO ACCEPTED SHALL ENTER
19 INTO A CONTRACT WITH THE COMMISSIONER OR DRAINAGE BOARD, AND THE
20 CONTRACT SHALL BE ADMINISTERED BY THE COMMISSIONER OR DRAINAGE
21 BOARD. All sealed proposals received by the commissioner OR
22 DRAINAGE BOARD shall be publicly opened by him THE COMMISSIONER
23 OR THE DRAINAGE BOARD in the meeting and may be there examined by
24 any person interested. As soon as practical after the opening of
25 bids for the construction of any drain, the commissioner shall
26 determine the lowest responsible bidder and award contracts, or
27 he may reject all proposals and readvertise as in the first
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1 instance. , and in cases where the commissioner determined that
2 the taxes assessed for benefits shall be collected in more than 1
3 installment, he shall, subject to the provisions set forth in
4 section 275 of this act, determine the amount, form, maturity and
5 rate of interest of bonds to be issued. In counties having a
6 board of county auditors no drain bonds shall be sold and no
7 drain contracts let without the written consent and approval of
8 the board of county auditors, but the approval of said board
9 shall not be required in proceedings relative to intercounty
10 drains.
11 (2) THE DRAIN COMMISSIONER OR DRAINAGE BOARD, IN CONSULTA-
12 TION WITH AN ENGINEER, SHALL ESTABLISH PREQUALIFICATIONS FOR A
13 PROSPECTIVE CONTRACTOR TO SUBMIT A BID FOR THE CONSTRUCTION OF
14 THE DRAIN, CONSISTENT WITH 1933 PA 170, MCL 123.501 TO 123.508.
15 PREQUALIFICATIONS MAY INCLUDE, BUT NEED NOT BE LIMITED TO, EXPER-
16 TISE, FINANCIAL SOLVENCY, EXPERIENCE, OR EQUIPMENT.
17 PREQUALIFICATION SHALL BE DETERMINED BEFORE ADVERTISEMENT FOR
18 BIDS. THE NOTICE SHALL INDICATE THAT PREQUALIFICATIONS ARE
19 APPLICABLE AND WHERE THE PREQUALIFICATIONS CAN BE REVIEWED BY THE
20 PROSPECTIVE CONTRACTOR.
21 (3) THIS ACT DOES NOT PROHIBIT THE DRAIN COMMISSIONER OR
22 DRAINAGE BOARD FROM CONTRACTING WITH AN ENGINEER OR CONTRACTOR TO
23 PERFORM BOTH THE DESIGN AND CONSTRUCTION OF A DRAIN PROJECT IF
24 SUCH CONTRACTING IS IN THE BEST INTEREST OF THE DRAINAGE
25 DISTRICT.
26 (4) If no A contract shall be IS NOT let within 5 2
27 years after the date of filing the petition to locate, establish,
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1 and construct, or deepen, widen, straighten, tile, extend or
2 clean out MAINTAIN, OR IMPROVE a drain, the drain commissioner
3 may determine that the petition shall be deemed CONSIDERED
4 abandoned and no ISSUE AN ORDER TO THAT EFFECT. NO further
5 action shall be taken to construct the drain. Time during which
6 any litigation shall be pending to contest the validity of such
7 proceedings shall not be counted as a part of such 5-year
8 2-YEAR period. If the drain commissioner determines the peti-
9 tion shall be abandoned, he shall issue his order to that effect;
10 provided, that such determination of abandonment shall not be
11 issued within the 5-year period. Notice of the order shall be
12 given by publishing a notice in a newspaper of general circula-
13 tion in the county. The provisions of this THIS section shall
14 apply APPLIES to all petitions which are in full force and
15 effect on the date of January 1, 1973 1997, or thereafter.
16 (5) The board of county road commissioners, when IF autho-
17 rized by a committee of supervisors appointed by the COUNTY
18 bard of supervisors COMMISSIONERS, is hereby authorized to
19 MAY bid for the construction, cleaning, deepening, and widening
20 of drains within the county, and, if such THE bid is accepted,
21 shall be authorized to perform the work called for therein IN
22 THE BID, and MAY receive payment therefor FOR THE WORK. A bid
23 tendered by such THE board of county road commissioners shall
24 not be accepted unless such bid shall be at least 15% lower than
25 any other bid tendered. The moneys MONEY received by the
26 county road commission shall be credited to the county road fund,
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1 and expenditures incurred by the county road commission shall
2 be IN PERFORMING THE WORK ARE proper disbursements therefrom.
3 Sec. 222. The commissioner shall first let the section at
4 the outlet of the drain and shall let each remaining section in
5 its order up stream: Provided, That the THE commissioner OR
6 DRAINAGE BOARD may let the drain in sections or as a whole,
7 whichever appears to him BE the most practical. : Provided
8 further, That the THE commissioner OR DRAINAGE BOARD shall
9 reserve the right to reject any and all bids or proposals FOR A
10 SECTION OF THE DRAIN and proceed to let said THE drain in its
11 entirety. , and THE COMMISSIONER OR DRAINAGE BOARD may adjourn
12 such THE letting in the whole or in part , from time to
13 time, to such other time or place to be by him at the time of
14 such adjournment publicly announced as shall to him seem proper,
15 but not in all more than 40 90 days from and after the time of
16 letting as first advertised. TO ANOTHER PLACE OR TIME NOT MORE
17 THAN 90 DAYS AFTER THE DAY OF LETTING BIDS AS FIRST ADVERTISED.
18 THE COMMISSIONER OR DRAINAGE BOARD SHALL GIVE SUCH PUBLIC NOTICE
19 OF THE ADJOURNMENT AS SEEMS PROPER.
20 Sec. 223. (1) A deposit in the form of a CASHIER'S CHECK,
21 certified check, or its equivalent CASH, BANK MONEY ORDER, OR
22 BID BOND FROM A SURETY AUTHORIZED TO DO BUSINESS IN THIS STATE in
23 the amount that the commissioner OR DRAINAGE BOARD considers rea-
24 sonable may be required with each bid, whether on opening bidding
25 or sealed proposals, as evidence of good faith and to reimburse
26 the district in the event of failure on the part of IF the
27 successful bidder FAILS to execute the necessary contracts or to
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1 furnish the required security or indemnity insurance. A BID BOND
2 OF THE SUCCESSFUL BIDDER, OTHER THAN A BID BOND FROM A SURETY,
3 SHALL BE DEPOSITED WITH THE TREASURER OF THE DRAINAGE DISTRICT.
4 IF THE BID BONDS ARE HELD MORE THAN 60 DAYS, INTEREST WILL BE
5 PAID THEREON FROM THE DATE OF DEPOSIT. If the successful bidder
6 does not execute the proper contracts or furnish the security or
7 indemnity insurance required of him or her within NOT MORE THAN
8 10 days after the acceptance of his or her bid, then the commis-
9 sioner OR DRAINAGE BOARD may retain the deposit as stipulated
10 damages for the nonexecution of the contract and proceed to
11 advertise for and let the job anew. If the successful bidder
12 furnishes the security or indemnity insurance required and exe-
13 cutes the required contracts, then the deposit shall be returned
14 to him or her. All money forfeited to the commissioner OR DRAIN-
15 AGE BOARD under this subsection shall be deposited with the
16 county treasurer to the credit of the drainage district fund.
17 (2) The successful bidder shall, within the time stated in
18 subsection (1) NOT MORE THAN 10 DAYS AFTER THE ACCEPTANCE OF HIS
19 OR HER BID, file with the commissioner security considered neces-
20 sary by the commissioner guaranteeing that the contract will be
21 completed in accordance with the terms specified in the
22 contract. The security shall be in a sum fixed by the commis-
23 sioner, but shall not be less than the contract price. At the
24 option of the commissioner, the security shall consist of 1 or
25 more of the following:
26 (a) Cash.
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1 (b) Certified check.
2 (c) Performance bond executed by a surety company authorized
3 to do business in this state.
4 (d) Escrow agreement acceptable to the commissioner.
5 (e) Irrevocable letter of credit issued by a state or feder-
6 ally regulated financial institution.
7 (f) Personal surety acceptable to the commissioner.
8 (3) If a personal surety is used as security, the commis-
9 sioner shall require all of the following: conditions and
10 limitations:
11 (a) That the personal surety be a contractor with the
12 experience and ability to perform and complete, in a timely
13 manner, the contract in the event of a default by IF the suc-
14 cessful bidder DEFAULTS.
15 (b) That the personal surety not act as the personal surety
16 for more than 1 other principal during the term of the contract
17 upon which he or she is giving security.
18 (c) That no more than 2 personal sureties be utilized as
19 security on any 1 contract.
20 (d) That, the personal surety provide financial information
21 requested by the commissioner and that, after a review of this
22 information, the commissioner be satisfied with the surety's
23 ability to perform the contract upon which he or she is giving
24 security.
25 (e) That the personal surety provide to the commissioner a
26 list of contracts upon which the surety is required to perform,
27 naming the parties to each contract, the amount of each contract,
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1 the work to be performed under each contract and the time during
2 which each contract is to be performed, and that the personal
3 surety revise this listing during the term of the contract upon
4 which he or she is giving security, adding or deleting informa-
5 tion as contracts are entered or completed.
6 (f) That the personal surety agree that in the event IF
7 the successful bidder defaults on the contract, the personal
8 surety shall enter onto the project and complete the project
9 pursuant to the terms of the contract within the time limitations
10 specified by the commissioner or pay to the drainage district the
11 amount of money specified by the commissioner as necessary to pay
12 another contractor to complete the contract.
13 (4) If a contract is not completed in accordance with its
14 written terms, the security provided to the commissioner shall be
15 used to complete the contract.
16 (5) In addition to the security required in subsection (2),
17 the commissioner OR DRAINAGE BOARD shall require the successful
18 bidder to furnish a bond or indemnity insurance AND MOTOR VEHI-
19 CLE INSURANCE in the sum required by the commissioner OR DRAINAGE
20 BOARD. This bond or indemnity insurance shall run to the
21 people of the state of Michigan THIS STATE and shall be main-
22 tained in full force and effect until the contract is terminated
23 to indemnify the commissioner AND DRAINAGE BOARD, the drainage
24 district, and the county or other municipality against loss or
25 damage resulting from injury to a worker on the drain, or the
26 negligence or carelessness of the contractor in the construction
27 of the drain. Indemnity insurance that terminates by expiration
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1 or cancellation shall be replaced prior to BEFORE termination
2 in the sum then required by the commissioner OR DRAINAGE BOARD.
3 THE COMMISSIONER OR DRAINAGE BOARD SHALL ALSO REQUIRE THE SUC-
4 CESSFUL BIDDER TO FURNISH WORKER'S COMPENSATION INSURANCE.
5 (6) The provisions of this section apply to contracts in
6 excess of $100,000.00. For all contracts equal to or less than
7 $100,000.00, the commissioner OR DRAINAGE BOARD may require
8 security that he or she THE COMMISSIONER OR DRAINAGE BOARD con-
9 siders adequate and necessary, consistent with the provisions of
10 this section.
11 (7) The commissioner, at his or her option, may require the
12 provision of additional kinds of security.
13 Sec. 241. No A warrant, or drain order, VOUCHER, OR
14 OTHER ORDER for the payment of any part of such A drain con-
15 tract shall NOT be drawn until the work has been inspected and
16 approved as herein provided. The commissioner may OR DRAINAGE
17 BOARD SHALL inspect and approve any tile or open drain, or he OR
18 SHE may designate any competent surveyor or engineer to make
19 such THE inspection. , but where the HOWEVER, IF THE COST OF
20 construction exceeds $3,000.00 $10,000.00, the commissioner OR
21 DRAINAGE BOARD shall designate a competent surveyor or engineer
22 to make the inspection. Any THE person making such THE
23 inspection shall see that the specifications in the contract are
24 fully complied with, and if the work is not in accordance with
25 the contract, the commissioner OR DRAINAGE BOARD shall immedi-
26 ately notify the contractor. thereof. If the work so inspected
27 shall conform CONFORMS to the contract, the person making the
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1 inspection shall certify in writing to that fact and an order of
2 approval shall thereupon be entered by the commissioner OR
3 DRAINAGE BOARD in his OR HER drain record, and notice of the
4 approval be given TO the contractor. The commissioner may issue
5 warrants or orders on the fund of any drain not exceeding 90% of
6 the amount earned on any contract after the certificate of
7 inspection and the order of approval is entered as herein
8 provided. The payment of the final 10% or any portion thereof on
9 any contract may be made after the certificate of inspection is
10 made attesting to the completion and is filed in the office of
11 the commissioner. PROGRESS PAYMENTS SHALL BE MADE CONSISTENT
12 WITH 1980 PA 524, MCL 125.1561 TO 125.1566.
13 Sec. 242. The commissioner shall have power to OR DRAIN-
14 AGE BOARD MAY grant a reasonable extension of time for the com-
15 pletion of any A contract. When any IF A contract shall not
16 be IS NOT finished within the time specified, or to which it may
17 be extended, the commissioner OR DRAINAGE BOARD shall declare
18 such THE contract forfeited and shall, within a reasonable time
19 thereafter, relet the unfinished portion thereof to the lowest
20 responsible bidder, by public letting, after not less than 5
21 days' notice thereof, by posting only, IN THE SAME MANNER as
22 provided for the letting in the first instance, or by private
23 letting when such can be done , at a price per rod for the
24 uncompleted portion thereof not exceeding the price per rod at
25 which the job was first let; and he THE DRAIN COMMISSIONER OR
26 DRAINAGE BOARD shall make contract and take security in each case
27 as herein provided. The cost of completing such part over and
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1 above the contract price, if any, and the expense of notice and
2 reletting shall be collected by the commissioner of OR DRAINAGE
3 BOARD FROM the parties first contracting or of their bondsman.
4 , which moneys, when so THE MONEY collected , shall be depos-
5 ited with the county treasurer, and placed to the credit of such
6 drain.
7 Sec. 244. (1) All orders ORDERS OR VOUCHERS for the pay-
8 ment for services rendered and work performed shall be drawn by
9 the commissioner OR DRAINAGE BOARD upon the drain fund of each
10 particular drain. In case of IF taxes assessed for benefits
11 received which are to be paid in 7 annual installments or less,
12 all orders for the payment for lands for right of way shall be
13 paid out of the first year's taxes, and the balance of such THE
14 first year's taxes, if any, shall be applied pro rata among the
15 several contractors in the payment of the contracts for the
16 construction of such drain. For the balance due upon such
17 contracts, the commissioner OR DRAINAGE BOARD shall draw orders
18 payable out of each succeeding year's assessment pro rata among
19 the several contractors. : Provided, That no HOWEVER, THE com-
20 missioner OR DRAINAGE BOARD shall NOT draw orders payable in any
21 one 1 year for a larger amount than said THE year's assess-
22 ment, except in cases where bonds are issued and sold as provided
23 by law. All drain
24 (2) DRAIN orders shall be drawn payable not sooner than the
25 fifteenth day of April nor later than the first day of August of
26 the year in which the drain taxes for the payment thereof are
27 required to be paid. If the drain fund is insufficient for
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1 such THIS purpose because of delinquency in the payment of
2 drain taxes after the lands on which the said taxes shall have
3 become ARE delinquent have been offered for sale , in any such
4 case where AND payment is made by the county treasurer out of
5 the general fund, and all delinquent drain taxes SUBSEQUENTLY
6 received by said THE treasurer thereafter shall be credited
7 to the general fund until the same GENERAL FUND is reimbursed.
8 In all cases where IF bonds are issued and sold as herein
9 provided and the proceeds thereof are deposited in the county
10 treasury to the credit of the fund of the particular drain,
11 orders presented on such THE fund shall be paid out of the pro-
12 ceeds aforesaid, or out of the first annual installment of the
13 taxes. In no case where IF there are outstanding bonds,
14 shall an order SHALL NOT be paid out of any AN installment of
15 taxes collected other than the first.
16 Sec. 245. (1) All drain DRAIN orders OR VOUCHERS made by
17 the commissioner OR DRAINAGE BOARD shall state the services
18 rendered in brief form , AND shall be numbered and recorded and
19 signed by the commissioner OR DRAINAGE BOARD. Such AN order,
20 when due, shall be presented to the county clerk and he
21 TREASURER. THE COUNTY TREASURER shall immediately ascertain
22 from the county treasurer if the particular fund on which
23 said THE order is drawn is sufficient to pay said THE order.
24 If such THE fund is sufficient, the county treasurer shall so
25 certify on the back of said THE drain order and the county
26 clerk shall thereupon issue the usual county warrant upon the
27 county treasurer for the payment of said THE order, taking
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1 said THE order so certified as his OR HER voucher. If such
2 THE particular fund is insufficient when such THE order is
3 presented for payment, the county treasurer shall so certify upon
4 such THE order and such THE order shall then draw interest at
5 the rate of 6% per annum from the date of presentation until
6 such THE particular fund is sufficient to pay the same, said
7 interest to ORDER. THE INTEREST SHALL be computed and paid with
8 the principal out of the proper fund on which it was drawn, when
9 there are sufficient funds to pay the same PRINCIPAL AND
10 INTEREST.
11 (2) The county treasurer shall keep a record in which he OR
12 SHE shall note each drain order presented for payment on a drain
13 account which THAT was insufficient to pay such THE order on
14 the date of presentation. He OR SHE shall note in such record
15 the amount, number, drain account, and the date of original pre-
16 sentation for payment. When IF there are IS sufficient
17 moneys MONEY in the particular drain account to pay the order,
18 plus interest, the county treasurer shall note the date of such
19 THE sufficiency on such THE record and shall transfer suffi-
20 cient moneys MONEY to pay such THE order and interest then
21 due from the particular drain account and drain fund to a drain
22 order redemption fund and the drain order shall cease to earn
23 interest as of that date. Transfers to the drain order redemp-
24 tion fund shall be made in the order of priority in which the
25 drain orders were originally presented for payment. Payment of
26 such THE orders, including interest, earned as provided
27 herein, shall thereafter be made by the county treasurer from
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1 the drain order redemption fund. Drain orders at any time during
2 the year in which such drain order becomes due and payable and
3 for a period of 30 days prior to such year shall be accepted for
4 the payment of drainage taxes.
5 (3) The county treasurer shall report to the commissioner OR
6 DRAINAGE BOARD the amount paid as interest on any and all such
7 drain orders. The county treasurer shall at the first of each
8 month furnish the drain commissioner OR DRAINAGE BOARD with a
9 report of all drain orders cashed during the preceding month,
10 including the name of the drain upon which the order was drawn,
11 the amount, the number of the order, and the date of payment.
12 Sec. 247. The county drain commissioner OR DRAINAGE BOARD
13 acting under the provisions of this act may employ an attorney
14 when he deems the same CONSIDERED necessary and any legal
15 expense shall be charged to the several drain districts in behalf
16 of which he shall be THE ATTORNEY IS employed. All such
17 expenses THE EXPENSE shall be paid out of the revolving drain
18 fund which shall be reimbursed out of the first moneys MONEY
19 available. : Provided, That HOWEVER, the board of
20 supervisors COMMISSIONERS by resolution may cause REQUEST the
21 prosecuting attorney to give such legal assistance as part of
22 his THE duties OF THE PROSECUTING ATTORNEY.
23 Sec. 248. The state director of agriculture, or any deputy
24 designated by him OR HER, shall be paid all his necessary trav-
25 eling and subsistence expenses actually and necessarily incurred
26 BY HIM OR HER in the discharge of any duties required by this
27 act.
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1 Sec. 261. Within 10 days after the letting of contracts, or
2 in case of an appeal, then forthwith IMMEDIATELY after such
3 THE appeal shall have been IS decided, the commissioner OR
4 DRAINAGE BOARD shall make a computation of the entire cost of
5 such THE drain, which shall include (1) all the INCLUDING,
6 BUT NOT LIMITED TO, ALL OF THE FOLLOWING:
7 (A) THE expense of laying out and designating the drainage
8 district, which item of expense shall include the entire
9 INCLUDING, BUT NOT LIMITED TO, THE cost of the survey. ; (2)
10 the
11 (B) THE expense of locating, establishing, and
12 constructing, MAINTAINING, OR IMPROVING the drain. ; (3) the
13 fees and expenses of special commissioners; (4) the
14 (C) THE COSTS OF CONDEMNATION PROCEEDINGS.
15 (D) THE compensation to be paid the board of review. ; (5)
16 the
17 (E) THE cost of construction of bridges and culverts. ;
18 (6) the
19 (F) THE contracts for the construction of the drain, or
20 other work to be done on said THE drain. ; (7) the
21 (G) THE estimated cost of an appeal in case the apportion-
22 ment made by the commissioner shall not be OR DRAINAGE BOARD IS
23 NOT sustained. ; (8) the
24 (H) THE estimated cost of inspection. ; (9) the
25 (I) THE cost of publishing all notices required. ; (10)
26 all fees
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1 (J) FEES of the probate judge. ; (11) attorney
2 (K) ATTORNEY fees for legal services in connection with the
3 drain. ; and (12) interest
4 (l) INTEREST on bonds OR NOTES for the first year, if bonds
5 OR NOTES are to be issued. , and he shall add the whole into a
6 gross sum and add thereto not
7 (M) NOT less than 10% nor OR more than 15%, at the discre-
8 tion of the drain commissioner OR DRAINAGE BOARD, of said gross
9 sum THE SUM OF THE COSTS UNDER SUBDIVISIONS (A) TO (l), to cover
10 contingent expenses. , and the entire sum so ascertained shall
11 be deemed to be the cost of construction of such drain.
12 Sec. 262. (1) The AFTER THE COST OF THE DRAIN IS COMPUTED
13 UNDER SECTION 261, THE commissioner shall thereupon make a spe-
14 cial assessment roll for the drain for each county, township,
15 city, or village and each state trunk line highway affected
16 thereby, which roll shall be designated, giving name or number,
17 "drain special assessment roll". The commissioner shall enter on
18 the roll a correct description of the tracts, parcels, or subdi-
19 visions of land benefited by the drain WHICH DESCRIPTION MAY BE
20 MADE BY TAX PARCEL IDENTIFICATION NUMBER IN COMPLIANCE WITH SEC-
21 TION 152 and place opposite each description the amount of the
22 percent heretofore determined upon by him THE COMMISSIONER or
23 by the board of review. The commissioner shall also enter on the
24 roll the amount of the percent apportioned to the county, for
25 benefits to any county road, and to the township, city, or vil-
26 lage and the state highway TRANSPORTATION commission, for
27 benefits to any state trunk line highway, and in case IF the
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1 amount be IS payable in installments, he shall also enter
2 thereon a memorandum of the installments and of the year or
3 years when the installments shall be spread. The commissioner
4 shall add a certificate in writing of the determination whether
5 the taxes assessed for benefits shall be paid in 1 or more
6 years. The rolls shall be dated and signed by the commissioner
7 and filed on or before the last Wednesday in September in each
8 year, in the office of the county clerk.
9 (2) The commissioner shall prepare a tax assessment roll in
10 each year for the collection of taxes for the current year, and
11 shall certify the same ROLL to the county clerk on or before
12 the first day of the annual meeting of the county board of
13 commissioners. In each roll, the commissioner shall add to the
14 amount to be collected , interest on all unpaid installments to
15 the date of tax collection, and shall deduct from the amount to
16 be collected by the county, village, city, or township all
17 amounts received from the proceeds or income of property or an
18 interest in property located in the county, village, city, or
19 township and acquired through condemnation or the payment of dam-
20 ages under this act. To the roll for the last year, the commis-
21 sioner shall add a further amount, if any, as may be necessary
22 together with outstanding uncollected taxes, to pay all outstand-
23 ing bonds and interest thereon to maturity. If the roll is made
24 payable in more than 1 installment, a permanent assessment roll
25 may be maintained in the office of the county treasurer, subject
26 to the direction of the board of county auditors, in counties
27 having such a board, and of the county board of commissioners in
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1 other counties, showing the total cost, the number of
2 installments, and the amount of each annual assessment, together
3 with interest charges thereon, which shall be carried in a sepa-
4 rate column.
5 (3) If the roll is made payable in more than 1 installment,
6 and the total amount of any assessment is $10.00 or less, exclu-
7 sive of interest, then that assessment shall be payable in 1
8 installment; but if the assessment exceeds the sum of $10.00 and
9 is made payable in more than 1 installment, then that install-
10 ment, exclusive of interest, shall not be less than the sum of
11 $10.00, excepting the final installment, which shall be payable
12 in the amount of the actual balance.
13 Sec. 265. All drain DRAIN taxes assessed under the pro-
14 visions of this act shall be ARE subject to the same interest
15 and charges, and shall be collected in the same manner as state
16 and other general taxes are collected, and collecting officers
17 are hereby vested with the same power and authority in the col-
18 lection of such taxes as are or may be conferred by law for col-
19 lecting general taxes. Drain taxes, when collected, shall be
20 returned to the county treasurer to be disbursed by him. In all
21 cases where WITHIN 10 DAYS OF RECEIPT UNLESS WAIVED BY THE DRAIN
22 COMMISSIONER TO SOME OTHER SPECIFIED TIME. ANY INTEREST EARNED
23 FROM THE TIME OF COLLECTION AND ACCOUNTING TO THE DAY OF DELIVERY
24 SHALL BE RETURNED TO EACH DRAIN FUND ON A PRO RATA BASIS. IF
25 suit is brought against the collector arising out of the collec-
26 tion of any A drain tax, the county shall defend such THE
27 officer in the same manner that he has now the right to be
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1 defended in AS IF THE SUIT AROSE OUT OF the collection of
2 general taxes. No A suit shall NOT be instituted to recover
3 any drain tax or money paid or property sold therefor FOR A
4 DRAIN TAX, or for damages on account thereof OF A DRAIN TAX,
5 unless brought within 30 days from the time of payment of such
6 THE money to, or sale of such property by, the collecting
7 officer. ; and if such IF THE tax shall be paid under protest
8 the reasons therefor FOR THE PROTEST shall be specified, and
9 the same procedure observed as is or may be required by the gen-
10 eral tax law. All taxes PROPERTY TAX ACT, 1893 PA 206, MCL
11 211.1 TO 211.157. TAXES levied under the provisions of this
12 act, with all lawful costs, interest, and charges, shall be and
13 remain a perpetual ARE A lien upon the lands upon which they are
14 assessed, and a personal claim against the owner or owners of
15 such lands until they are paid.
16 Sec. 266. If the taxes levied for the construction,
17 cleaning out, widening, deepening, straightening or extending
18 MAINTENANCE, OR IMPROVEMENT of any A drain are not collected by
19 the township, city, or village treasurer, they shall by him be
20 returned BY THAT TREASURER, together with the lands upon which
21 they were levied, to the county treasurer in the same return, at
22 the same time, and in the same manner, in every respect (naming
23 in each case the particular drain), as lands are returned for
24 state, county, and township taxes. , and such DRAIN taxes
25 shall follow such THE lands, the same as all such other DO
26 PROPERTY taxes, and all MAY BE COLLECTED IN THE SAME MANNER AS
27 PROVIDED BY the general provisions of law now existing, or that
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1 may be hereafter enacted for enforcing the payment of township,
2 county, and state taxes. , shall apply to such drain taxes, and
3 to the lands returned delinquent therefor, in the same manner and
4 with like effect. HOWEVER, THE TREASURER SHALL NOTIFY THE DRAIN
5 COMMISSIONER OF ALL LAND IN THE COUNTY THAT HAS BEEN RETURNED
6 DELINQUENT AND SUBJECT TO SALE SO THAT THE DRAIN COMMISSIONER OR
7 DRAINAGE BOARD MAY FILE AN AFFIDAVIT OF SPECIAL ASSESSMENT PEND-
8 ING AND SUBJECT TO COLLECTION BEFORE THE SALE OR REVERSION.
9 Sec. 269. (1) THE COLLECTION OF A TAX LEVIED OR ORDERED TO
10 BE LEVIED FOR THE PAYMENT OF THE LOCATION OR CONSTRUCTION, MAIN-
11 TENANCE, OR IMPROVEMENT OF A DRAIN UNDER THIS ACT SHALL NOT BE
12 PERPETUALLY ENJOINED OR DECLARED ABSOLUTELY VOID FOR ANY REASON.
13 THE COURT IN WHICH AN ACTION MAY BE BROUGHT TO RECOVER ANY TAX OR
14 ASSESSMENT PAID, OR TO DECLARE VOID THE PROCEEDINGS TO LOCATE AND
15 ESTABLISH ANY DRAIN, OR TO ENJOIN ANY TAX OR ASSESSMENT LEVIED OR
16 ORDERED TO BE LEVIED FOR THE PAYMENT OF THE LABOR AND EXPENSE
17 THEREOF, MAY, IF THERE BE MANIFEST ERROR IN THE PROCEEDINGS,
18 ALLOW THE PLAINTIFF IN ACTION TO SHOW THAT HE OR SHE HAS BEEN
19 INJURED THEREBY. ANY SUCH ACTION IS SUBJECT TO SECTION 161.
20 (2) The court in which such proceedings are begun shall
21 allow proof that the drain was necessary and conducive to the
22 public health, convenience, or welfare, and that all the steps
23 required by law have been substantially complied with, notwith-
24 standing the record required to be kept by the commissioner OR
25 DRAINAGE BOARD. In case IF substantial error is found AFTER
26 HEARING PROOF OF BOTH SIDES, the court may correct any gross
27 injustice in the award of damages, or assessment of benefits.
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1 as may appear after hearing the proofs and allegations of both
2 sides and THE COURT shall make such AN order in the premises as
3 shall be just and equitable, and may order that such ANY OF
4 THE FOLLOWING:
5 (A) THAT THE tax or assessment remain on the tax roll for
6 collection. , or order
7 (B) THAT the same to TAX OR ASSESSMENT be relevied. , or
8 may perpetually enjoin the same or any part thereof, or if the
9 same
10 (C) IF THE TAX OR ASSESSMENT has been paid under protest,
11 may order the whole THAT THE TAX OR ASSESSMENT, or such part
12 thereof as is just and equitable, to be refunded. In all
13 cases where assessments shall be set aside
14 (3) IF THE COURT SETS ASIDE ASSESSMENTS after contracts have
15 been let or bonds OR NOTES sold, the decree shall make full pro-
16 vision for payment of work done and materials furnished under
17 said THE contracts before the commencement of suit, and for
18 payment of such THE bonds OR NOTES and interest thereon, by
19 reassessment according to benefits, or otherwise as equity may
20 require. The cost of such proceedings, if error or injustice be
21 shown, shall be apportioned among the parties, or if
22 (4) IF no manifest error or injustice be IS shown, such
23 costs OF THE PROCEEDINGS shall be collected of the party bringing
24 the action.
25 Sec. 270. Whenever any IF A drain has been IS located
26 and established, and contracts let for its construction,
27 MAINTENANCE, OR IMPROVEMENT and the work of construction has
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1 been IS completed, or partly completed, and the commissioner OR
2 DRAINAGE BOARD has made his AN order establishing the drain,
3 his THE apportionment of benefits, and special assessment roll
4 and filed the same ORDER in the office of the county drain com-
5 missioner, as provided by this act, and such THE taxes remain
6 a perpetual ARE A lien upon the lands assessed. , and filed
7 all of said papers in the office of the county drain commission-
8 er, and no person or municipality affected by the proceedings has
9 taken any action by virtue of section 161 of this act to test the
10 validity of the proceedings, or to set the same aside, and it
11 shall further appear that IF the tax has not been spread on the
12 tax roll of the municipalities affected and the lien of said
13 THE tax still remains against such THE lands, on the applica-
14 tion in writing of any person or corporation who is now or were
15 owners AN OWNER of the land assessed at the time of the appor-
16 tionment of benefits by the commissioner or any person or cor-
17 poration who were the owners of land at said THE time OF APPOR-
18 TIONMENT OF BENEFITS and who were assessed therefor, and who sold
19 such land with covenants of warranty, may make an application in
20 writing to the county drain commissioner AND DRAINAGE BOARD set-
21 ting forth such facts. , and upon UPON the filing of such
22 THE application, it shall be the duty of the county drain com-
23 missioner to OR DRAINAGE BOARD SHALL make a certified copy of
24 the assessment roll filed in his THE office by the commissioner
25 and present to and lay it before TO the COUNTY board of
26 supervisors COMMISSIONERS at the ITS first October session.
27 , thereafter of said board, and thereupon it shall be the duty
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1 of said board at said AT THAT session, to THE COUNTY BOARD OF
2 COMMISSIONERS SHALL order and direct such THE taxes TO BE
3 spread upon the tax roll of the municipalities affected thereby,
4 according to the said assessment filed as aforesaid, and as
5 appears by such special assessment roll, so certified to said
6 board AND CERTIFIED. The provisions of this section shall also
7 apply to drains laid out and established and wholly or partly
8 constructed under the provisions of all drain laws in force prior
9 to the passage of this act, where such laws have made such drain
10 tax a perpetual lien upon the lands upon which they are
11 assessed.
12 Sec. 273. In case any IF A drain tax heretofore or to be
13 hereafter assessed shall be IS set aside, except for causes that
14 would deprive the commissioner of jurisdiction to construct the
15 drain, the commissioner may begin proceedings anew at the stage
16 where THE DEFECT OCCURRED. they shall be correct. In case IF a
17 drain tax can or may be set aside for error in description or
18 other defect in the commissioner's or township treasurer's roll,
19 UPON DISCOVERY OF THE DEFECT, the commissioner shall report the
20 same DEFECT to the COUNTY board of supervisors at their
21 October session, who COMMISSIONERS, WHICH shall order the same
22 TAX TO BE reassessed upon the proper description. Such THE
23 report may be made at any time before the sale of the land for
24 such THE tax.
25 Sec. 275. (1) In cases where the issuing of bonds shall
26 have been determined upon, as herein provided, and subject to the
27 provisions of SUBJECT TO section 221, of this act, the
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1 commissioner OR DRAINAGE BOARD may borrow money in anticipation
2 of the collection of such TAX installments and may issue as
3 evidence thereof the bonds of the drainage district. as herein
4 defined. Such obligations THE BONDS shall specify on their face
5 that they are payable out of the installments of drain taxes to
6 be thereafter collected, and the amount thereof OF THE BONDS
7 shall not exceed the aggregate of the installments levied. Bonds
8 issued hereunder shall be signed by the commissioner OR CHAIR-
9 PERSON OF THE DRAINAGE BOARD on behalf of the drainage district,
10 shall be countersigned by the county clerk and OF EACH COUNTY
11 IN THE DRAINAGE DISTRICT, shall be payable in annual installments
12 equal in number to the installments of taxes, AND shall mature
13 not earlier than March first nor later than June first of the
14 year following the due dates of the respective installments of
15 taxes. The number of installments shall not exceed 30. 20:
16 Provided, however, That in any drainage district containing a
17 closed drain, any part of whose cross-section has an area exceed-
18 ing 60 square feet, the number of installments may be, but shall
19 not exceed, 30, and the THE amount of each installment shall be
20 fixed to correspond as near as may be to the drain commissioner's
21 OR DRAINAGE BOARD'S estimate of the amount of taxes actually col-
22 lectible each year. , and in no case shall bonds mature BONDS
23 SHALL MATURE NOT more than 2-1/2 years after the corresponding
24 installment of taxes. The IN THE BONDS, THE commissioner OR
25 DRAINAGE BOARD shall therein pledge the credit of the drainage
26 district, including the lands embraced within such THE district
27 and the townships, cities, villages, counties, and state trunk
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1 line highways assessed at large, in the proportion that they are
2 taxed for the benefits received thereby. Such
3 (2) THE bonds shall be advertised and sold by the drain com-
4 missioner after OR DRAINAGE BOARD IN the manner provided for
5 the advertisement and sale of municipal bonds by Act No. 202 of
6 the Public Acts of 1943, as amended, being sections 131.1 to
7 138.2, inclusive, of the Compiled Laws of 1948 THE MUNICIPAL
8 FINANCE ACT, 1943 PA 202, MCL 131.1 TO 139.3. If any premium is
9 received thereon, such premium shall belong to the fund of the
10 drain. The proceeds derived from the sale of such bonds shall be
11 deposited with the county treasurer to the credit of the drain
12 fund. The county treasurer shall safely keep all such bonds
13 until sold. as above provided: Provided, however, That this
14 act shall not be considered to THIS ACT DOES NOT affect any
15 bonds or refunding bonds issued prior to the effective date
16 hereof and subsequent to the effective date of Act No. 331 of the
17 Public Acts of 1927 ISSUED ON OR AFTER SEPTEMBER 5, 1927, AND
18 BEFORE MARCH 28, 1956, or any refunding bonds hereafter issued
19 ON OR AFTER MARCH 28, 1956 to replace the same: Provided fur-
20 ther, That no SUCH BONDS. A county shall NOT advance or pay out
21 of its general funds any moneys MONEY for or on account of
22 principal or interest of any drain bonds issued prior to the
23 effective date of Act No. 331 of the Public Acts of BEFORE
24 SEPTEMBER 5, 1927, or any refunding bonds issued to replace the
25 same SUCH BONDS.
26 SEC. 275A. (1) A DRAINAGE DISTRICT MAY BORROW MONEY OR
27 ACCEPT THE ADVANCE OF WORK, MATERIAL, OR MONEY FROM A PUBLIC OR
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1 PRIVATE CORPORATION, PARTNERSHIP, ASSOCIATION, INDIVIDUAL, OR THE
2 FEDERAL OR STATE GOVERNMENT OR ANY AGENCY OF THE FEDERAL OR STATE
3 GOVERNMENT FOR ANY OF THE FOLLOWING:
4 (A) THE PAYMENT OF, OR IN CONNECTION WITH THE CONSTRUCTION,
5 MAINTENANCE, OR IMPROVEMENT OF, ANY PART OF A DRAIN PROJECT.
6 (B) THE FINANCING AND ENGINEERING OR FEASIBILITY, PRACTICA-
7 BILITY, ENVIRONMENTAL ASSESSMENT, OR IMPACT STUDY OF A DRAIN
8 PROJECT.
9 (C) PAYMENT FOR EASEMENTS OR LAND ACQUISITION.
10 (D) ENGINEERING AND LEGAL FEES.
11 (2) THE BORROWING BY THE DRAINAGE DISTRICT MAY BE WITH OR
12 WITHOUT INTEREST AS MAY BE AGREED AND REIMBURSED, WHEN FUNDS ARE
13 AVAILABLE. THE OBLIGATION OF THE DRAINAGE DISTRICT TO MAKE THE
14 REPAYMENT OR REIMBURSEMENT MAY BE EVIDENCED BY A CONTRACT OR
15 NOTE, WHICH CONTRACT OR NOTE MAY PLEDGE THE FULL FAITH AND CREDIT
16 OF THE DRAINAGE DISTRICT AND MAY BE MADE PAYABLE OUT OF THE DRAIN
17 ASSESSMENTS MADE AGAINST PUBLIC CORPORATIONS AT LARGE, OR AGAINST
18 LANDS IN THE DRAINAGE DISTRICT, OR OUT OF THE PROCEEDS OF DRAIN
19 ORDERS, NOTES, OR BONDS ISSUED BY THE DRAINAGE DISTRICT PURSUANT
20 TO THIS ACT OR OUT OF ANY OTHER AVAILABLE FUNDS, AND THE CONTRACT
21 OR NOTE SHALL NOT BE CONSIDERED TO BE AN OBLIGATION WITH THE
22 MEANING OF THE MUNICIPAL FINANCE ACT, 1943 PA 202, MCL 131.1 TO
23 139.3, UNLESS THE PRINCIPAL AGGREGATE AMOUNT OF THE NOTES OR
24 NOTES OF THE DISTRICT EXCEED $600,000.00.
25 (3) HOWEVER, ANY PROJECTS IN WHICH ADVANCES OR LOANS ARE
26 MADE BY ANY PUBLIC CORPORATION, THE FEDERAL GOVERNMENT, OR ANY
27 AGENCY OF THE FEDERAL GOVERNMENT SHALL NOT BE LIMITED BY THIS
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1 SECTION. THIS SECTION APPLIES TO A DRAIN OR OTHER PROJECT
2 INSTITUTED PURSUANT TO THIS ACT INCLUDING A FEASIBILITY, PRACTI-
3 CABILITY, ENVIRONMENTAL ASSESSMENT, OR IMPACT STUDY.
4 (4) A COUNTY BOARD OF COMMISSIONERS BY A VOTE OF 2/3 OF ITS
5 TOTAL MEMBERSHIP MAY PLEDGE THE FULL FAITH AND CREDIT OF A COUNTY
6 FOR THE PAYMENT OF A NOTE OF THE DRAINAGE DISTRICT.
7 Sec. 276. If bonds or notes are to be issued in respect
8 to FOR an intracounty drain, the county board of commissioners
9 may, by resolution adopted by a majority of its total membership,
10 pledge the full faith and credit of the county for the prompt
11 payment of the principal of and interest on any bonds or notes
12 hereafter issued pursuant to this act. This shall not validate
13 any bonds or notes heretofore issued BEFORE MAY 14, 1957. In
14 the event IF the county shall be IS required to advance any
15 money by reason of such pledge, and if the collections from spe-
16 cial assessments shall not be sufficient to reimburse the county
17 therefor, the drain commissioner of such county shall, within a
18 2-year period from the date of advancement, reassess the drainage
19 district as in the first instance in order to provide for the
20 repayment to the county of the sums so advanced. The provisions
21 of this section shall not permit the advancement or any moneys
22 out of the general funds of any county to meet any deficiency in
23 the collection of drain assessments confirmed prior to May 1,
24 1953.
25 Sec. 277. Whenever lands in any city, village or township
26 or combination thereof shall be assessed for all or any part of
27 the cost of a drain, the THE governing body of each such
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1 cities, villages or townships CITY, VILLAGE, OR TOWNSHIP IN
2 WHICH ARE LOCATED LANDS ASSESSED FOR ALL OR PART OF THE COST OF A
3 DRAIN, by resolution adopted prior to the issuance of drain
4 orders and/or bonds in anticipation of the payment of the assess-
5 ments for such THE drain, may agree that in the event of any
6 delinquency in the collection of the assessments against lands in
7 such THE cities, villages, or townships, the cities, villages,
8 or townships shall advance the amount of such THE delinquency
9 from unobligated funds in the general fund to the extent neces-
10 sary to pay principal and interest on such THE drain orders
11 and/or OR bonds as the same THEY mature. In the event that
12 moneys are IF MONEY IS so advanced, then the cities, villages,
13 or townships shall be reimbursed from the collection of the said
14 delinquent assessments against lands within its boundaries. If
15 the collections from special assessments shall ARE not be
16 sufficient to reimburse the cities, villages, or townships, the
17 drain commissioner of such THE county OR DRAINAGE BOARD shall,
18 within a 5-year period from the date of advancement, reassess the
19 drainage district as in the first instance in order to provide
20 for the repayment of the sums so advanced. : Provided, That
21 this THIS act shall not validate any drain orders or bonds
22 issued prior to the effective date of this act BEFORE MARCH 28,
23 1956.
24 SEC. 277A. THE MERGING OF A DRAINAGE DISTRICT INTO A CON-
25 SOLIDATED DISTRICT DOES NOT AFFECT THE OBLIGATION OF ANY BONDS
26 ISSUED OR CONTRACTS ENTERED INTO BY THE DISTRICT OR INVALIDATE
27 THE LEVY, EXTENSION, OR COLLECTION OF ANY TAXES OR SPECIAL
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1 ASSESSMENTS UPON PROPERTY IN THE DEBTOR DISTRICT. THE BONDS AND
2 CONTRACTS SHALL BE TAKEN OVER AND ASSUMED BY THE CONSOLIDATED
3 DISTRICT, AND ALL OUTSTANDING SPECIAL ASSESSMENTS SHALL BE COL-
4 LECTED AND PAID OVER TO THE CONSOLIDATED DISTRICT FOR THE PAYMENT
5 OF THE OBLIGATIONS PREVIOUSLY ISSUED OR CONTRACTS PREVIOUSLY
6 ENTERED INTO BY THE DEBTOR DISTRICT.
7 Sec. 278. If bonds or notes are issued and sold by the com-
8 missioner OR DRAINAGE BOARD, installments of the drain taxes
9 shall bear interest not to exceed a rate which is not greater
10 than 1% per annum more than the average rate of interest on the
11 bonds or notes from the date of the preparation of the assessment
12 roll until due. The bonds or notes may provide, if the commis-
13 sioner OR DRAINAGE BOARD so determines, for the payment of inter-
14 est semiannually. The installments and the interest thereon
15 shall, as collected, be paid into the county treasury and placed
16 to the credit of the fund of the drain, to be used solely for the
17 payment of bonds or notes as they mature. Money collected in
18 anticipation of the maturity of the bonds or notes shall be
19 deposited by the county treasurer in a bank or banks to be desig-
20 nated by the COUNTY board of commissioners. of the county and
21 the THE interest received shall belong BELONGS to the fund.
22 Bonds or notes issued and sold by the commissioner OR DRAINAGE
23 BOARD shall bear interest at not to exceed the rate specified in
24 section 2 of chapter 3 of Act No. 202 of the Public Acts of
25 1943, as amended, being section 133.2 of the Michigan Compiled
26 Laws THE MUNICIPAL FINANCE ACT, 1943 PA 202, MCL 133.2.
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1 Sec. 279. Any person liable to FOR the payment of special
2 assessments for benefits received from the construction of a
3 drain hereunder may pay the same ASSESSMENT in full with
4 interest to date at any time, subject to the right of reassess-
5 ment in case of A deficiency as herein provided. HOWEVER, A
6 PREPAYMENT MADE FOLLOWING THE ISSUANCE OF BONDS OR NOTES IS
7 SUBJECT TO THE FIRST-YEAR INTEREST ON THE BONDS OR NOTES. The
8 foregoing right of prepayment shall extend to the EXTENDS TO
9 THIS state or any political subdivision thereof, assessed at
10 large for a portion of the cost of a THE drain. Such payment
11 may be made to the township treasurer DRAIN COMMISSIONER, who
12 shall give his OR HER receipt therefor and who shall transmit the
13 same RECEIPT to the county treasurer. The latter official
14 shall, on receipt of the same, give notice to the commissioner
15 , who shall make the necessary changes in the rolls covering
16 subsequent installments.
17 Sec. 280. (1) If there is not sufficient money in the fund
18 in a particular drain at the time of the maturity of the bonds
19 last to mature, or any drain orders, to pay all outstanding bonds
20 or drain orders with interest, or to reimburse the county for
21 money which it has been obliged to advance pursuant to section
22 275, whether such insufficiency is due to the anticipation of
23 installments as provided in section 279, or to failure to sell
24 any lands for delinquent taxes, or to any other cause, it shall
25 be the duty of the commissioner to OR DRAINAGE BOARD SHALL at
26 once levy an additional assessment. as hereinbefore provided in
27 such THE ADDITIONAL ASSESSMENT SHALL BE IN an amount as will
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1 make up the deficiency which AND shall be spread in not to
2 exceed 7 annual installments. ; and if the commissioner deter-
3 mines that the entire amount, if spread in 1 year, would be an
4 undue burden or create unnecessary hardship, he or she may order
5 it spread over any number of years up to but not exceeding 7. If
6 bonds or other evidences of indebtedness are issued pursuant to
7 the municipal finance act, Act No. 202 of the Public Acts of
8 1943, as amended, being sections 131.1 to 139.3 of the Michigan
9 Compiled Laws 1943 PA 202, MCL 131.1 TO 139.3, to refund the
10 outstanding indebtedness of a drain district, the governing body
11 of such THE drain district shall provide, subject to the direc-
12 tions of the department of treasury or to the requirements of
13 Act No. 202 of the Public Acts of 1943 THE MUNICIPAL FINANCE
14 ACT, 1943 PA 202, MCL 131.1 TO 139.3, for such additional
15 levies of assessments prior to BEFORE the maturity of such
16 THE refunding obligations as necessary to prevent default in
17 payment of interest on such obligations, and FOR the maintenance
18 of a sinking fund for their THE retirement OF THE
19 OBLIGATIONS. Every officer charged with the determination of the
20 amount of taxes to be raised, or the levying of such THE taxes,
21 shall make or cause to be made the additional levies as
22 provided. Any surplus remaining after the payment of the bonds
23 and interest shall remain in the DRAIN FUND OF THE county trea-
24 sury and be used for the maintenance of the drain.
25 (2) Such THE additional assessments shall only apply to
26 drain orders or bonds issued after March 28, 1956 and shall be
27 apportioned, assessed, levied, and collected as provided in the
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1 first instance. As to deficiency assessments levied for drain
2 orders or bonds issued after March 28, 1956, there shall be no
3 lands exempted therefrom, except those which at the time of such
4 additional assessments are owned or used as follows:
5 (a) Lands owned by the United States.
6 (b) Lands owned by the state of Michigan, except licensed
7 homestead lands, and except lands held under land contracts
8 issued pursuant to Act No. 155 of the Public Acts of 1937, as
9 amended, being sections 211.355a to 211.364, of the Michigan
10 Compiled Laws.
11 (c) Lands owned by any county, city, village, township, or
12 school district and used for public purposes.
13 (d) Lands used exclusively for burial grounds.
14 (e) Lands dedicated to the public and actually used as a
15 highway or alley, and not used for gain.
16 (3) An additional assessment shall not be levied or col-
17 lected for the purpose of paying the principal or interest upon
18 any bonds or obligations which have heretofore been THAT WERE
19 held to be invalid , and any such BEFORE MARCH 28, 1956. AN
20 additional assessment shall not be apportioned, assessed, levied,
21 or collected for the purpose of paying any bonds, interest, or
22 obligations for the payment of which assessments have heretofore
23 been made.
24 Sec. 282. (1) The drain commissioner or drainage board may
25 direct the treasurer of any drainage district to invest any sur-
26 plus funds belonging to and under the control of the drain
27 commissioner or drainage board as provided in section 1 of Act
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1 No. 20 of the Public Acts of 1943, being section 129.91 of the
2 Michigan Compiled Laws 1943 PA 20, MCL 129.91. OTHERWISE, THE
3 FUNDS SHALL BE INVESTED IN SECURE INTEREST BEARING ACCOUNTS.
4 (2) If 2 or more drainage district funds which are under
5 control of the drain commissioner or drainage board have balances
6 of less than $1,000.00, those drainage district funds may be con-
7 solidated into 1 account for short-term investment as directed by
8 the drain commissioner. A drainage district fund shall not be
9 consolidated if there is an immediate and apparent need for
10 expending that fund on the specific drain to which the fund
11 belongs.
12 (3) The interest earned by a fund consolidated under subsec-
13 tion (2) may be deposited in a segregated revolving maintenance
14 fund which the drain commissioner or drainage board may use for
15 temporarily financing necessary maintenance expenses on an intra-
16 county or intercounty drain within that drain commissioner's or
17 drainage board's jurisdiction. The revolving maintenance fund
18 shall be a fund separate from the revolving drain fund provided
19 for in chapter 12. The revolving maintenance fund shall be
20 accounted for, administered, and reimbursed in the same manner as
21 the revolving drain fund under section 303.
22 (4) If a drainage district fund has a balance of $1,000.00
23 or more, the drain commissioner or drainage board may direct that
24 that fund be consolidated with other funds for investment
25 purposes. The interest earned, whether from a consolidated or
26 separate account, shall immediately be deposited in the drainage
27 district fund to which the principal belongs.
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1 (5) The principal balances of each drainage district fund
2 shall be accounted for at all times and may only be spent by
3 order of the drain commissioner or drainage board on expenses
4 necessary for the operation and maintenance of the drain to which
5 the fund belongs.
6 Sec. 283. (1) The drain commissioner or drainage board
7 shall use any surplus construction funds remaining in the con-
8 struction fund after completion of the project for the inspec-
9 tion, repair, and maintenance of the drain as provided in section
10 196 or shall authorize the transfer of the funds to the bond and
11 interest account, if bonds were issued, in the amounts the drain
12 commissioner or drainage board considers proper.
13 (2) The drainage board or drain commissioner shall MAY
14 contract with a public corporation if that public corporation has
15 been assessed for all or part of the cost of the drain or if land
16 in a city, village, township, or combination thereof PUBLIC
17 CORPORATION has been assessed for all or any part of the cost of
18 a drain. The contract shall provide that after all outstanding
19 drain orders or bonds are paid on a drainage district project,
20 the drain commissioner or drainage board shall MAY authorize
21 the respective county treasurers DISTRICT TREASURER to pay over
22 any portion of the surplus THAT THE DRAIN COMMISSIONER OR DRAIN-
23 AGE BOARD CONSIDERS not needed for more than the cost of
24 inspection, repair, and maintenance of the drain as provided in
25 section 196 to the county, township, city, or village in which
26 the drain was located or in which assessments for benefits have
27 been assessed and collected SUCH PUBLIC CORPORATIONS. The
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1 payments shall be on a pro rata basis in direct proportion to the
2 amounts assessed and collected from each county, city, village,
3 or township PUBLIC CORPORATION. The contract shall also provide
4 that upon receipt of the surplus funds the county, city, vil-
5 lage, or township PUBLIC CORPORATION shall utilize those surplus
6 funds to alleviate drainage problems in their respective
7 jurisdictions ITS JURISDICTION.
8 (3) If state highway funds are involved in a project, the
9 drain commissioner or drainage board, upon completion of a
10 construction project, shall AND AFTER PAYMENT OF ALL OUT-
11 STANDING BONDS OR NOTES MAY return TO THE STATE TRANSPORTATION
12 DEPARTMENT, on a pro rata basis, surplus construction funds in
13 excess of the amount CONSIDERED necessary BY THE DRAIN COMMIS-
14 SIONER OR DRAINAGE BOARD to pay for inspection, repair, and main-
15 tenance of the drain as provided in section 196. to the state
16 transportation department for the construction, maintenance, and
17 administration of state highways.
18 (4) As used in this section, "public corporation" includes a
19 city, village, township, or county, or the state.
20 Sec. 301. At the October session of the COUNTY board of
21 supervisors COMMISSIONERS OF EACH COUNTY, each THE board
22 shall appropriate and collect by general taxation from the tax-
23 able property within their respective counties THE COUNTY for
24 the purpose of creating a revolving drain fund, such sum as said
25 board may deem THE SUM THAT THE BOARD CONSIDERS necessary.
26 Said THE revolving fund when so created shall be used and
27 disposed of solely as provided in this chapter.
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1 Sec. 302. (1) The revolving fund may be used for paying ANY
2 OF the FOLLOWING:
3 (A) THE engineer or surveyor for his services in laying
4 out a drainage district. , also any
5 (B) ANY necessary assistance therefor and to pay any and
6 all other FOR THE ENGINEER OR SURVEYOR.
7 (C) OTHER LEGAL, ENGINEERING, OR CONSULTING services to the
8 date of letting the drain contract. for paying members
9 (D) MEMBERS of boards of determination for services per-
10 formed under this act. , for necessary
11 (E) NECESSARY repairs on old drains. , and also for paying
12 drain
13 (F) DRAIN orders that are due not in excess of $2,000.00
14 $5,000.00 if authorized by the COUNTY board of supervisors
15 COMMISSIONERS.
16 (2) Orders drawn by the DRAIN commissioner on the revolving
17 fund may be made payable upon the performance of services herein
18 defined LISTED IN SUBSECTION (1). From said THE revolving
19 fund may be paid the services herein mentioned LISTED IN
20 SUBSECTION (1) on any drain or drainage district affecting more
21 than 1 county. Such THE total expense is SHALL BE prorated
22 among the several counties affected according to the amount
23 apportioned to be paid by and in said counties respectively for
24 said EACH COUNTY FOR THE drain. Any and all orders ORDERS for
25 services rendered or expenses incurred after the date of letting
26 the drain contract shall be paid in the manner prescribed in
27 chapter 10. , being sections 241 to 248.
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1 Sec. 304. The said revolving fund shall be deposited in
2 the bank of the county offering the highest rate of interest on
3 daily balances , final determination to be made AS DETERMINED
4 by the board of supervisors COMMISSIONERS of the particular
5 county. , the THE interest so received to EARNED ON THE FUND
6 SHALL be paid into and become a part of said THE fund.
7 Sec. 306. Whenever IF revolving fund moneys have MONEY
8 HAS been expended or a drainage district has become obligated to
9 pay expenses for engineering, legal, and OR administrative
10 services, by action of the drain commissioner or drainage board
11 and no AN improvement has NOT been completed subsequent to
12 AFTER the DRAIN commissioner's order designating a drainage dis-
13 trict or entry of the first order of determination as prescribed
14 in UNDER section 72 where FOR an intracounty drain, is
15 involved, the drain commissioner of such THE county which has
16 expended such revolving fund moneys MONEY may report such
17 THAT fact to the board of supervisors COMMISSIONERS. If no
18 AN improvement has been IS NOT completed within a period of 5
19 years subsequent to the 2 YEARS AFTER THE DRAIN commissioner's
20 order designating a drainage district or entry of the first order
21 of determination as prescribed in UNDER section 72, the drain
22 commissioner of such county shall report such THAT fact to the
23 COUNTY board of supervisors COMMISSIONERS. If the sum involved
24 is too small to justify spreading the same SUM over the desig-
25 nated DRAINAGE district, above referred to, such THE COUNTY
26 board of supervisors COMMISSIONERS may order the sum to be
27 spread against the property of the original petitioners according
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1 to such percentage as the commissioners shall deem THE
2 PERCENTAGE THAT THE DRAIN COMMISSIONER CONSIDERS just and equita-
3 ble, based on the same benefit theory as if the improvement had
4 been completed. If the sum involved is large enough to, in the
5 opinion of the COUNTY board of supervisors COMMISSIONERS,
6 create undue hardship on the original petitioners, the COUNTY
7 board of supervisors COMMISSIONERS may order the same SUM
8 spread over such THE designated district and the DRAIN commis-
9 sioner shall apportion the cost thereof SUM to the parties ben-
10 efited in the district as provided in chapter 7 for the purpose
11 of permitting a review of the roll as to fairness of the appor-
12 tionment only.
13 Sec. 307. Whenever IF revolving fund moneys have MONEY
14 HAS been expended and no improvement has been completed subse-
15 quent to AN IMPROVEMENT IS NOT COMPLETED WITHIN 2 YEARS AFTER
16 the order designating a drainage district as prescribed in sec-
17 tion 105 of this act where an intercounty drain is involved,
18 within a period of 5 years, the drainage board created in sec-
19 tion 102 of this act shall apportion the cost as between
20 counties. Any drain commissioner feeling aggrieved by such THE
21 apportionment may request review by the board of review provided
22 in section 106, of this act, and such board shall proceed to
23 review the same AND THE BOARD OF REVIEW SHALL REVIEW THE
24 APPORTIONMENT as provided in this act. The decisions of the
25 board of review shall be ARE final. Thereafter, the amount
26 apportioned to each county shall be recovered by each THAT
27 county as above outlined PROVIDED for the recovery of revolving
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1 fund moneys MONEY expended for an intracounty drain in section
2 306. of this act.
3 Sec. 321. Drains may be laid within or across the right of
4 way of any highway , provided it shall be necessary for the
5 county IF THE drain commissioner to obtain first OBTAINS a
6 permit from the highway authority having jurisdiction. If title
7 in fee simple be IS not in the highway authority, said THE
8 DRAIN commissioner shall also obtain a release of right of way
9 for the purposes of such THE drain from the owner of the land,
10 as provided in sections 73, 74, and 75. of this act.
11 Sec. 322. (1) When any IF A drain crosses a highway, the
12 necessary bridge or culvert shall be constructed on the center
13 line of the highway as located by survey, and in accordance with
14 plans and specifications which shall be approved by the county
15 road commission, having jurisdiction, or by the state highway
16 commissioner if such highway is a state trunk line THE STATE
17 TRANSPORTATION COMMISSION, OR THE MUNICIPALITY WHICHEVER HAS
18 JURISDICTION OVER THE HIGHWAY. The cost of constructing the nec-
19 essary bridge or culvert shall be charged in the first instance
20 as part of the cost of construction of such THE drain. The
21 board of county road commissioners or the state highway
22 commissioner HIGHWAY AUTHORITY HAVING JURISDICTION shall assume
23 and bear such A portion of the cost of construction, based upon
24 benefits, as may be agreed upon with the drain commissioner. In
25 such case, the THE contract for the construction of the bridge
26 shall not be let by the drain commissioner without the written
27 consent of the state highway commissioner or the board of county
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1 road commissioners HIGHWAY AUTHORITY HAVING JURISDICTION.
2 Thereafter such
3 (2) AFTER CONSTRUCTION, THE bridge or culvert constructed
4 under the provisions of this act shall be maintained by the
5 county road commission or state highway commissioner HIGHWAY
6 AUTHORITY HAVING JURISDICTION. Any such
7 (3) AN expense charged to the state highway commissioner
8 TRANSPORTATION COMMISSION UNDER THIS SECTION shall be met PAID
9 out of any funds appropriated for the state highway
10 TRANSPORTATION department that may be available therefor. ; and
11 any such expense to be borne by AN EXPENSE CHARGED TO the board
12 of county road commissioners UNDER THIS SECTION shall be paid out
13 of moneys MONEY in the county road fund not otherwise
14 appropriated.
15 (4) As part of such THE drain, there shall be constructed
16 at least 1 bridge or culvert across such drain connecting the
17 highway, (except WITH EACH FARM ENTRANCE, UNLESS THE HIGHWAY IS
18 A limited access highways HIGHWAY established under Act
19 No. 205 of the Public Acts of 1941, as amended, being sections
20 252.51 to 252.64 of the Compiled Laws of 1948), with each farm
21 entrance, and when 1941 PA 205, MCL 252.51 TO 252.64. IF a
22 drain crosses a farm or any portion thereof there shall be con-
23 structed 1 bridge, culvert or ford across the drain connecting
24 the portions of the farm disconnected by the drain, which PARCEL
25 OR TRACT OF LAND AND WILL DIMINISH ACCESS TO PORTIONS OF THE
26 PARCEL OR TRACT DISCONNECTED BY THE DRAIN, 1 BRIDGE, CULVERT, OR
27 FORD SHALL BE CONSTRUCTED ACROSS THE DRAIN TO CONNECT THOSE
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1 PORTIONS OF THE PARCEL OR TRACT SO THAT THE DEGREE OF ACCESS IS
2 NOT DIMINISHED. THE COST OF CONSTRUCTION OF THE bridge, culvert,
3 or ford shall also be charged in the first instance as a part of
4 the construction of such THE drain. , after which such AFTER
5 CONSTRUCTION OF THE BRIDGE, CULVERT, OR FORD, THE bridge,
6 culvert, or ford shall be maintained by the owner of the land
7 TRACT.
8 (5) If the drain commissioner shall make future OR DRAIN-
9 AGE BOARD MAINTAINS OR MAKES improvements such as widening,
10 deepening, straightening or relocating such drain, but not clean
11 out alone, there shall be constructed the TO A DRAIN, necessary
12 bridges, culverts, and fords MAY BE CONSTRUCTED OR MAINTAINED as
13 parts PART of such improvements THE DRAIN MAINTENANCE OR
14 IMPROVEMENT.
15 (6) THE ENGINEER, WHEN NECESSARY, SHALL RECOMMEND THE SIZE
16 AND TYPE OF CONSTRUCTION FOR NECESSARY BRIDGES, CULVERTS, AND
17 FORDS.
18 Sec. 323. Before a drain shall be IS constructed along a
19 public highway, THE DRAIN COMMISSIONER SHALL CONSULT the highway
20 authorities having jurisdiction over the highway shall be con-
21 sulted and their consent shall be obtained in writing, as AND
22 OBTAIN THEIR WRITTEN CONSENT to the proposed location OF THE
23 DRAIN and what THE disposition shall TO be made of all mate-
24 rial excavated. Whenever IF an apportionment is made against a
25 state trunk line, highway, the amount of the assessment based
26 on such apportionment shall be paid out of any state trunk line
27 highway TRANSPORTATION funds on hand. in the state treasury.
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1 On or before December 1 of the year when such assessment is made,
2 the drain commissioner shall certify to the auditor general the
3 amount due from the state to such drainage district by reason of
4 the assessment of benefits, and the auditor general shall, if
5 satisfied of the correctness of such certificate, cause the same
6 to be paid within 30 days thereafter.
7 When a ditch or drain has been constructed prior to 1923
8 primarily for drainage of private lands, and constructed along a
9 public highway, and the records including the original survey of
10 such drain are not of public record nor turned over to the county
11 drain commissioner, or have not been entered in the records of
12 the county drain commissioner as a county drain, then the actual
13 location of such drain shall be sufficient to make such drain
14 comply with the provisions of this act with respect to the loca-
15 tion thereof, and such drain shall be a county drain upon compli-
16 ance with the other provisions of this act with respect to county
17 drains. No proceedings shall be instituted for the widening of
18 such drain or the deepening thereof below its original bottom.
19 Sec. 324. (1) Whenever IF it is necessary or more conven-
20 ient for the proper drainage of any A highway in this state
21 that the surplus water be taken onto or across the land adjacent
22 thereto, the county road commission of the county in which said
23 THE highway is situated may secure the right of way and may open
24 such drain or outlet for the water, and for these purposes may
25 use any THE highway moneys MONEY of the township in which
26 said THE highway is situated, not otherwise appropriated, and
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1 such ANY sums as may be voted for that use by the electors of
2 the townships.
3 (2) The county road commission shall secure the right of way
4 for any such THE drain by gift or purchase from the owners of
5 the land to be crossed by such THE drain. ; but in case of
6 purchase the A purchase price must be approved by the township
7 board whenever township funds are involved, before any money be
8 paid thereon PAYMENT IS MADE. Such THE right of way shall be
9 acquired by deed duly executed by the owner or owners of the
10 lands sought to be crossed by the said drain, and shall be
11 taken in the name of the township wherein the same WHERE RIGHT
12 OF WAY is located. , and THE DEED SHALL BE filed in the office
13 of the register of deeds of the county before any highway money
14 shall be expended in opening such THE drain outside the highway
15 limits.
16 Before the township board approves the purchase price of
17 any drain right of way under this section, the county road com-
18 mission shall submit to the board for its approval details of the
19 proposed drain, with specifications that the drain shall be con-
20 structed in accordance with good health and sanitation standards
21 and in such a manner as not to constitute a hazard to health or
22 safety and that in construction of the drain the township board
23 shall approve the use of the land upon which the drain is to be
24 located.
25 Sec. 327. In case it becomes IF IT IS necessary for the
26 construction or maintenance of any A highway OR ROAD to take
27 the surplus water across adjacent lands, the state , county or
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1 township highway commissioner or county road commissioners may
2 make under his or their name of office an application
3 TRANSPORTATION COMMISSION OR BOARD OF COUNTY COMMISSIONERS MAY
4 APPLY or petition to the drain commissioner of the county in
5 which such THE highway OR ROAD is situated to lay out and des-
6 ignate a drainage district, locate and establish a drain, clean
7 out, widen, deepen, straighten or extend OR MAINTAIN OR IMPROVE
8 an established drain. Such THE application or petition shall
9 conform to the law regulating applications or petitions for the
10 laying out and designating a drainage district, locating and
11 establishing of drains, and cleaning out, widening, deepening,
12 straightening and extending MAINTAINING OR IMPROVING established
13 drains, and shall require no other signature than his own as
14 highway commissioner or DOES NOT REQUIRE AN APPLICANT OR PETI-
15 TIONER OTHER THAN THE STATE TRANSPORTATION COMMISSION OR THE
16 BOARD OF county road commissioners. Such THE application or
17 petition shall have the same force and effect, and be subject in
18 other respects to the same laws and regulations that govern other
19 such applications or petitions and shall confer the same juris-
20 diction and authority on the county drain commissioner OR, FOR AN
21 INTERCOUNTY DRAIN, THE DRAINAGE BOARD to lay out and designate a
22 drainage district, locate and establish a drain, or clean out,
23 widen, deepen, straighten or extend MAINTAIN OR IMPROVE an
24 established drain. : Provided, That in cases where the state
25 highway commissioner makes such HOWEVER, IF THE STATE TRANSPOR-
26 TATION COMMISSION MAKES THE application or petition, he IT
27 shall serve a copy of such THE application or petition on the
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1 director of agriculture, who shall within 30 days hold a meeting
2 at some place in the drainage district for the purpose of
3 determining the practicability or necessity of such THE drain,
4 and no A board of determination shall be necessary to NOT
5 pass on those questions. Said THE meeting shall be held,
6 notice SHALL BE given, and all persons interested may be heard in
7 the same manner as provided in section 102 or section 122. of
8 this act. The determination of the director of agriculture shall
9 be filed with the drain commissioner OR, FOR AN INTERCOUNTY
10 DRAIN, THE DRAINAGE BOARD.
11 Sec. 328. Before the department of state highways may
12 commence the construction of a state highway OR ROADWAY OR ANY
13 BRIDGES CROSSING A LEGALLY ESTABLISHED DRAIN, THE HIGHWAY AUTHOR-
14 ITY HAVING JURISDICTION OVER THE PROPOSED HIGHWAY OR ROADWAY
15 SHALL FORWARD the engineering plans of the state highway OR
16 ROADWAY relative to county OR INTERCOUNTY drains shall be
17 forwarded to the drain commissioner of each county where the
18 state highway OR ROADWAY is to be constructed, FOR THE REVIEW
19 AND WRITTEN APPROVAL OF THE DRAIN COMMISSIONER OR THE DRAINAGE
20 BOARD HAVING JURISDICTION OVER THE DRAIN.
21 SEC. 329. IF THE HIGHWAY AUTHORITY HAVING JURISDICTION OVER
22 A HIGHWAY OR ROADWAY REQUESTS OR ORDERS THAT AN EXISTING LEGALLY
23 ESTABLISHED DRAIN WITHIN THE RIGHT OF WAY OF THE HIGHWAY OR ROAD-
24 WAY BE RELOCATED OUTSIDE THE ROAD OR HIGHWAY RIGHT OF WAY, THE
25 COST OF RELOCATING THE DRAIN SHALL BE BORNE BY THE HIGHWAY
26 AUTHORITY.
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1 Sec. 342. Whenever it is necessary to lay out and
2 establish, deepen, or widen, or both, or extend, or
3 straighten a drain across the right of way or roadbed of any
4 railroad, railway, telephone, telegraph, dam, electric, water,
5 oil, gas or other power company, the same proceedings shall be
6 had throughout in all respects as cases provided in this act
7 for obtaining private lands SHALL BE FOLLOWED, except as herein
8 provided IN THIS SECTION. The damages and compensation to be
9 awarded by the special commissioners shall include the legal dam-
10 ages for the making of the opening required in the drain
11 proceedings. After damages as aforesaid shall have been deter-
12 mined, it shall be the duty of the railroad, railway, telephone,
13 telegraph, dam, electric, water, oil, gas or other power company,
14 when notified by the DRAIN commissioner so to do, to DO SO,
15 SHALL make and maintain the necessary opening through its roadbed
16 or right of way and to build and maintain a suitable culvert or
17 crossing for such THE drain. Notice in writing THE DRAIN
18 COMMISSIONER SHALL GIVE WRITTEN NOTICE to make such THE opening
19 and to construct such THE culvert shall be served upon such
20 company by leaving a copy thereof with the ticket or freight
21 agent or general officer of such railroad, railway, telephone,
22 telegraph, dam, electric, water, oil, gas or other power company
23 at least 30 days before such railroad, railway, telephone, tele-
24 graph, dam, electric, water, oil, gas or other power company
25 shall become liable OR CROSSING BY FIRST-CLASS MAIL TO THE GEN-
26 ERAL OFFICE OF THE COMPANY. In case such railroad, railway,
27 telephone, telegraph, dam, electric, water, oil, gas or other
01117'97
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1 power IF THE company shall neglect for HAS NOT MADE THE
2 OPENING AND CONSTRUCTED THE CULVERT OR CROSSING BY THE EXPIRATION
3 OF 30 days after service of such notice as aforesaid THE DATE
4 THE NOTICE WAS MAILED, the DRAIN commissioner shall have the
5 right to petition the circuit court MAY, in addition to any
6 other remedies which may exist, PETITION THE CIRCUIT COURT of the
7 county in which such THE crossing is located, to compel such
8 ORDER THE company to make such opening forthwith; and such
9 IMMEDIATELY MAKE THE OPENING AND CONSTRUCT THE CULVERT OR
10 CROSSING. THE circuit court shall, if it finds there is legal
11 right to such THE opening AND CULVERT OR CROSSING, order the
12 same to be forthwith constructed by said company TO MAKE THE
13 OPENING AND CONSTRUCT THE CULVERT OR CROSSING, and issue its writ
14 of mandamus therefor. At THE DRAIN COMMISSIONER SHALL GIVE THE
15 COMPANY AT least 10 days' notice shall be given such company of
16 such OF THE application. , and thereafter such THE proceedings
17 shall follow the practice of circuit courts in mandamus
18 proceedings. Said THE matter shall be heard and determined as
19 speedily as practicable, and take precedence over all other cases
20 which may be pending in such THE court. Such costs THE COURT
21 may be awarded AWARD COSTS TO the prevailing party. as are
22 awarded in other motions for mandamus.
23 Sec. 343. In case such A railroad company shall refuse
24 or neglect THAT FAILS to comply with the provisions of section
25 342 , it shall be liable IS SUBJECT to a penalty of $10.00
26 $1,000.00 for each day's refusal or neglect DAY THAT IT FAILS
27 to make such opening and construct such culvert.
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1 Sec. 351. (1) Established COUNTY OR INTERCOUNTY drains may
2 be improved for the benefit of those whose lands were improved
3 by the original construction of such drain, by the construction,
4 operation, and maintenance of A DAM OR dams in drains to control
5 flow, water levels and seepage and to provide for the removal of
6 the drainage when necessary by the use of pumps and other mechan-
7 ical operations. CONSISTENT WITH PART 315 (DAM SAFETY) OF THE
8 NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451,
9 MCL 324.31501 TO 324.31529. A NUMBER OF LANDOWNERS IN THE DRAIN-
10 AGE DISTRICT EQUAL TO 50% OF THE NUMBER OF LANDOWNERS WHOSE LANDS
11 ARE TRAVERSED BY THE DRAIN UPSTREAM FROM THE POINT WHERE A PRO-
12 POSED DAM IS TO BE LOCATED, OR IF THE DAM IS TO BE LOCATED ADJA-
13 CENT TO A DRAIN, MEASURED UPSTREAM THROUGH THE PROPOSED IMPOUND-
14 MENT, MAY PETITION THE DRAIN COMMISSIONER FOR THE COUNTY IN WHICH
15 THE DRAIN IS LOCATED TO CONSTRUCT, OPERATE, AND MAINTAIN A DAM OR
16 DAMS IN OR ADJACENT TO THE DRAIN TO CONTROL THE RATE OF FLOW
17 THROUGH OR INTO THE DRAIN, OR THE LEVEL OF WATER, OR THE AMOUNT
18 OF SEEPAGE, OR TO PROVIDE FOR REMOVAL OF DRAINAGE BY PUMPING AND
19 OTHER MECHANICAL OPERATIONS. THE PETITION SHALL BE ACCOMPANIED
20 BY A DESCRIPTION OF THE LAND OWNED BY EACH SIGNER WITHIN THE
21 DRAINAGE DISTRICT, AND BY A CERTIFICATE FROM THE COUNTY TREASURER
22 AS TO PAYMENT OF TAXES AND SPECIAL ASSESSMENTS AGAINST THE
23 LANDS. THE NAME OF ANY SIGNER AS TO WHOSE LAND THE CERTIFICATE
24 SHOWS TAXES OR ASSESSMENTS UNPAID FOR 3 YEARS SHALL NOT BE
25 COUNTED.
26 (2) INSTEAD OF A PETITION SIGNED BY LANDOWNERS, THE PETITION
27 MAY BE SIGNED SOLELY BY A MUNICIPALITY IF DULY AUTHORIZED BY ITS
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1 GOVERNING BODY, OR ANY COMBINATION OF MUNICIPALITIES, IF EACH
2 PETITIONING MUNICIPALITY WILL BE LIABLE TO ASSESSMENT AT LARGE
3 FOR PUBLIC HEALTH FOR ANY PART OF THE COST OF THE PROPOSED
4 IMPROVEMENT.
5 (3) THE PETITIONER OR PETITIONERS SHALL DEPOSIT WITH THE
6 COMMISSIONER OR DRAINAGE BOARD AN AMOUNT SUFFICIENT TO PAY PRE-
7 LIMINARY EXPENSES IF THE DRAIN IS DETERMINED NOT TO BE
8 PRACTICABLE.
9 (4) THE PETITION SHALL STATE THAT THE IMPROVEMENT IS NECES-
10 SARY TO PROPERLY DRAIN THE LANDS OR TO PROTECT THE LANDS THROUGH
11 WHICH THE DRAIN RUNS, OR TO PROTECT THE RIGHTS OF LANDOWNERS
12 ABOVE THE DAM OR DAMS, OR THE RIGHTS OF LANDOWNERS ADJACENT OR
13 CONTIGUOUS TO THE DRAINAGE DISTRICT, OR FOR THE PURPOSE OF
14 IRRIGATION. THE PETITION SHALL STATE THE DESIRED LOCATION OF THE
15 DAM OR DAMS, THE PROPOSED METHOD OF OPERATION AND OUTLET, AND HOW
16 HISTORICAL DRAINAGE IS TO BE MAINTAINED.
17 (5) IF CONSTRUCTION OF A DAM WILL AFFECT LANDS IN ANOTHER
18 COUNTY, THE COMMISSIONER SHALL NOTIFY THE DIRECTOR OF THE DEPART-
19 MENT OF AGRICULTURE AND THE COMMISSIONER IN EACH AFFECTED COUNTY
20 BY FIRST-CLASS MAIL. THE DRAIN COMMISSIONERS FROM EACH COUNTY
21 AND THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE OR A DEPUTY
22 DESIGNATED BY THE DIRECTOR CONSTITUTE THE DRAINAGE BOARD.
23 Sec. 352. (1) When it appears upon the written petition of
24 a number of freeholders in the drainage district equal to 50% of
25 the number of freeholders whose lands are traversed by said drain
26 from the point where said dam or dams are located to the upper
27 terminus, that such improvement is desired to be made by damming
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1 such drain and maintaining and operating such dam or dams to
2 control flow, water levels and seepage or to provide for pumping
3 the drainage where necessary from said drain or watercourse, and
4 that such improvement and the maintenance and operation of such
5 dam or dams is necessary to properly drain said lands and to pro-
6 tect the lands through which said drain runs, or to protect the
7 rights of freeholders above such dam or dams, or the rights of
8 freeholders of land adjacent or contiguous to the drainage dis-
9 trict, or for the purpose of irrigation, said petition stating
10 where it is desired to construct said dam or dams and the pro-
11 posed method of operation of such dam or dams to control flow,
12 water levels or seepage, or how the drainage is to be removed and
13 where it is to be emptied, the THE commissioner OR DRAINAGE
14 BOARD shall, as soon as practicable NOT LESS THAN 15 DAYS OR
15 MORE THAN 60 DAYS after receipt of such THE petition, proceed
16 to examine said THE drain and pass upon the necessity of such
17 improvement and whether such AT A HEARING CONDUCTED PURSUANT TO
18 SECTION 8 SHALL DETERMINE IF THE improvement is practicable and
19 conducive to the public health, convenience, or welfare. , or an
20 improvement or necessity to preserve the adjoining lands thereto,
21 or to protect rights in lands, or for the purpose of irrigation.
22 THE COMMISSIONER OR DRAINAGE BOARD SHALL SERVE AS THE BOARD OF
23 DETERMINATION IN THESE PROCEEDINGS.
24 (2) IF THE COMMISSIONER OR DRAINAGE BOARD DETERMINES THAT
25 THE IMPROVEMENT IS NOT PRACTICABLE, THE COMMISSIONER OR DRAINAGE
26 BOARD SHALL ENTER ITS ORDER AND NO FURTHER ACTION SHALL BE
27 TAKEN. EXPENSES INCURRED SHALL BE PAID FROM THE DEPOSIT PROVIDED
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1 BY THE PETITIONER. ANY FUNDS REMAINING AFTER ALL EXPENSES HAVE
2 BEEN PAID SHALL BE RETURNED TO THE PETITIONER. IF THE COMMIS-
3 SIONER OR DRAINAGE BOARD DETERMINES THAT THE IMPROVEMENT IS PRAC-
4 TICABLE, THE COMMISSIONER OR DRAINAGE BOARD SHALL ISSUE AN ORDER
5 OF PRACTICABILITY AND SHALL FIX A TIME, DATE, AND PLACE TO HEAR
6 OBJECTIONS TO THE PROPOSED IMPROVEMENT. A QUALIFIED ENGINEER
7 SHALL BE APPOINTED TO EVALUATE THE IMPACT OF CONSTRUCTING THE DAM
8 OR DAMS.
9 (3) NOT MORE THAN 10 DAYS AFTER FILING AN ORDER OF PRACTICA-
10 BILITY, THE COMMISSIONER OR DRAINAGE BOARD SHALL NOTIFY BY
11 FIRST-CLASS MAIL THE GOVERNING BODY OF ANY MUNICIPALITY LIABLE TO
12 PAY A PERCENT OF THE COST OF THE IMPROVEMENT.
13 (4) AT A HEARING OF NECESSITY CALLED AS PROVIDED IN SECTION
14 122, THE COMMISSIONER OR DRAINAGE BOARD SHALL TAKE PUBLIC TESTI-
15 MONY AND SHALL, AFTER CONSIDERING THE FINDINGS OF THE ENGINEER,
16 ISSUE A FIRST ORDER OF DETERMINATION. IF THE DRAIN IS AN INTER-
17 COUNTY DRAIN, THE ORDER SHALL BE SIGNED BY THE CHAIRPERSON, WHO
18 SHALL ALSO PREPARE AND SIGN AN ORDER OF APPORTIONMENT BETWEEN
19 COUNTIES. IF THE DRAINAGE BOARD CANNOT AGREE UNANIMOUSLY ON THE
20 APPORTIONMENT BETWEEN COUNTIES, THE MATTER SHALL BE SUBMITTED TO
21 THE BOARD OF REVIEW IN THE MANNER PRESCRIBED IN SECTION 106 AND
22 THAT BOARD'S DECISION SHALL BE FINAL.
23 (5) IF THE DRAIN COMMISSIONER, OR A MAJORITY OF THE MEMBERS
24 OF THE DRAINAGE BOARD IN THE CASE OF AN INTERCOUNTY DRAIN, FINDS
25 THAT THE IMPROVEMENT IS OR IS NOT NECESSARY, A PERSON FEELING
26 AGGRIEVED BY THE DETERMINATION MAY INSTITUTE AN ACTION IN THE
27 CIRCUIT COURT FOR THE COUNTY IN WHICH THE DRAIN IS LOCATED. THE
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1 ACTION SHALL BE FILED BY THE AGGRIEVED PARTY WITHIN 10 DAYS AFTER
2 THE DETERMINATION OF NECESSITY OR NO NECESSITY.
3 (6) THE GOVERNING BODY OF A MUNICIPALITY AFFECTED BY THE
4 IMPROVEMENT MAY, WITHIN 20 DAYS AFTER THE HEARING AT WHICH A
5 DETERMINATION WAS MADE, APPEAL THE ORDER TO THE PROBATE COURT
6 HAVING JURISDICTION IN THE COUNTY IN WHICH THE MUNICIPALITY IS
7 LOCATED.
8 (7) IF A PROJECT IS DETERMINED NOT TO BE PRACTICABLE OR NEC-
9 ESSARY, EXPENSES INCURRED BY THE COMMISSIONER OR DRAINAGE BOARD
10 SHALL FIRST BE REIMBURSED FROM THE DEPOSIT PROVIDED FOR IN SEC-
11 TION 351. ANY REMAINING UNPAID EXPENSES SHALL BE PAID FROM THE
12 GENERAL FUND OF THE COUNTY.
13 Sec. 354. (1) THE COMMISSIONER OR DRAINAGE BOARD SHALL
14 SECURE PLANS, SPECIFICATIONS, AND AN ESTIMATE OF COST FROM AN
15 ENGINEER, AND SHALL ATTEMPT TO SECURE EASEMENTS FROM THE OWNER OF
16 EACH PARCEL AFFECTED BY THE IMPROVEMENT AS PROVIDED BY THIS ACT.
17 UPON THE COMMISSIONER'S ACQUISITION OF RELEASES OF THE RIGHT OF
18 WAY OR EASEMENTS, OR UPON THE DETERMINATION OF THE VESTING OF
19 TITLE PURSUANT TO THE UNIFORM CONDEMNATION PROCEDURES ACT, 1980
20 PA 87, MCL 213.51 TO 213.77, THE COMMISSIONER OR DRAINAGE BOARD
21 SHALL MAKE A FINAL ORDER OF DETERMINATION. THE ORDER SHALL
22 DESCRIBE THE PROJECT AND SHALL CONTAIN A DESCRIPTION OF LANDS
23 BENEFITED BY THE IMPROVEMENT.
24 (2) A DAY OF REVIEW OF APPORTIONMENTS SHALL BE CONDUCTED IN
25 THE MANNER PROVIDED IN SECTION 154. CONTRACTS SHALL BE LET AND
26 CONSTRUCTION UNDERTAKEN IN THE MANNER PROVIDED IN SECTION 221.
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1 (3) If at any time after the commissioner has issued his
2 OR DRAINAGE BOARD ISSUES A first order of determination declaring
3 such THE improvement to be necessary, and before the letting
4 of any contract for constructing the same A CONTRACT IS LET FOR
5 CONSTRUCTION OF THE IMPROVEMENTS, all of the owners of the land
6 through which or for the benefit of which such THE drain is
7 located shall by themselves, their agents or attorneys, MAY pay
8 to the commissioner all the costs and expenses thus far
9 incurred, by him, and shall severally or jointly enter into a
10 contract WITH THE COMMISSIONER OR DRAINAGE BOARD, with good and
11 sufficient sureties and in such sum as the commissioner may OR
12 DRAINAGE BOARD SHALL require, to construct such improvements on
13 such drain THE IMPROVEMENT and pay all expenses necessary to be
14 incurred in the construction, maintenance, and operation of the
15 same, then the commissioner may contract with such owner or
16 owners, and such IMPROVEMENT.
17 (4) THE CONTRACT PROVIDED FOR IN SUBSECTION (3) SHALL SPEC-
18 IFY DATES OF OPERATION AND LIMITATIONS, INCLUDING PROVISIONS FOR
19 EMERGENCY CONDITIONS, AND SHALL PROVIDE FOR TRIENNIAL INSPECTIONS
20 BY THE COMMISSIONER OR DRAINAGE BOARD. THE improvements when
21 accepted shall be certified by the commissioner OR DRAINAGE BOARD
22 as a drain constructed in pursuance of the provisions of UNDER
23 this act, and shall be recorded in the same manner as other
24 drains. If such THE contract is not fulfilled in the time
25 limited therein SPECIFIED IN THE CONTRACT, the commissioner OR
26 DRAINAGE BOARD shall contract with other parties for the
27 completion of the work and the parties so in default and their
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1 sureties shall be liable for all costs and expenses attending
2 such THE default.
3 (5) ALL WORK DONE UNDER A CONTRACTUAL AGREEMENT PROVIDED FOR
4 IN THIS SECTION SHALL BE DONE UNDER THE SUPERVISION OF THE COM-
5 MISSIONER OR DRAINAGE BOARD.
6 Sec. 355. All work done under the provisions of this act
7 shall be under the supervision of the commissioner. All the
8 provisions of this act relative to proceedings, after the filing
9 of petition for the determination of the necessity, institution
10 of condemnation proceedings and proceedings had thereon and the
11 ACQUISITION OF RIGHT OF WAY OR EASEMENT, construction, operation,
12 and maintenance of the improvements, mentioned in such petition,
13 and the assessment and review, and levy and collection of
14 taxes, and all other provisions of said THIS act not inconsis-
15 tent with the provisions of this act shall be applicable in the
16 construction, operation and maintenance of dams and the better
17 maintenance of such drainage work by embanking, pumping or other
18 mechanical operation or other work under the provisions of this
19 act GOVERNING A PETITION FILED UNDER SECTION 351, SHALL APPLY TO
20 IMPROVEMENTS UNDER THIS CHAPTER.
21 Sec. 381. Whenever the IF A DRAIN commissioner of any
22 county shall receive RECEIVES a petition asking for the laying
23 out, construction, cleaning out, deepening or widening of any
24 MAINTENANCE, OR IMPROVEMENT OF A drain, or a petition asking pro-
25 ceedings by virtue of which any assessment upon lands for bene-
26 fits received would result, wherein such commissioner shall be
27 interested by reason of himself, wife or child, owning AND THE
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1 COMMISSIONER OR THE SPOUSE OR CHILD OF THE COMMISSIONER OWNS
2 lands that would be liable to an assessment for benefits upon
3 FROM the PROPOSED work or proceeding, proposed to be done or
4 had, and in cases where such commissioner may be OR IF THE COM-
5 MISSIONER IS otherwise disqualified to act in the making of AN
6 apportionment of benefits, such THE commissioner shall file a
7 copy of such THE petition with the judge of probate of the
8 county, together with a SIGNED statement signed by him, showing
9 that he OR SHE is disqualified to act in making such THE appor-
10 tionment of benefits.
11 Sec. 382. Upon WHEN 15 DAYS AFTER receiving such THE
12 petition and certificate aforesaid SIGNED STATEMENT UNDER SEC-
13 TION 381, the judge of probate shall , within not less than 15
14 days, appoint a disinterested DRAIN commissioner of an adjoining
15 or nearby county to make the apportionment of benefits on said
16 THE drain. It shall be the duty of said THE disinterested com-
17 missioner , so appointed , to SHALL make and complete within
18 a period of 30 days, or within such reasonable time thereafter as
19 may be necessary, an apportionment of the benefits of said THE
20 drain and file the same APPORTIONMENT with the said disquali-
21 fied commissioner. , and said THE apportionment shall be
22 adopted for said THE drain, subject to the same rights of
23 appeal as provided in this act. Said THE disqualified commis-
24 sioner shall furnish the DISINTERESTED commissioner so
25 appointed with a copy of his THE final order of determination
26 on said THE drain.
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1 Sec. 384. The salary of the commissioner so appointed ,
2 which UNDER SECTION 382 shall be the same as that received by
3 him from the county of which he is WHERE THE commissioner
4 SERVES. THE SALARY, together with all expenses actually and nec-
5 essarily incurred by him THE COMMISSIONER, shall be assessed
6 against the drain in connection with which said THE services
7 were performed and shall be paid in the same manner as other
8 expenses are paid.
9 Sec. 391. (1) Any drain or part thereof which has ceased
10 to be of public utility and THAT is no longer necessary or con-
11 ducive to the public health, convenience, and OR welfare may be
12 declared to be abandoned and vacated in the manner herein pro-
13 vided IN THIS SECTION.
14 (2) Any 5 freeholders of lands OWNERS OF LAND in a drain-
15 age district or the governing body of any public corporation in
16 whose limits a drain or part thereof is located may petition for
17 the abandonment and vacation of a THE drain or part thereof.
18 The petition shall be addressed to and filed with the DRAIN com-
19 missioner or drainage board having jurisdiction of such THE
20 drain. The commissioner or drainage board shall hold a meeting
21 to hear objections to the petition and to the abandonment and
22 vacation of a THE drain or part thereof therein requested IN
23 THE PETITION, and shall give notice of such THE meeting by
24 posting in 5 public places in the drainage district and by pub-
25 lication in a newspaper of general circulation in the drainage
26 district which posting and publication shall occur at least 10
27 days before the date of such THE meeting.
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1 (3) Private rights of persons acquired by reason of the
2 establishment and construction of such THE drain or part
3 thereof shall not be interfered with , or in any way be
4 impaired by such THE abandonment and vacation. If it is
5 determined at such THE COMMISSIONER OR DRAINAGE BOARD DETERMINES
6 AT THE meeting that the drain or part thereof should be abandoned
7 and vacated, the commissioner or drainage board shall issue an
8 order to that effect. and file the same with the commissioner of
9 the county or counties involved. Easements AN ORDER OF ABANDON-
10 MENT SHALL NOT BE MADE UNDER THIS SECTION OR MONEY DISBURSED
11 UNDER SECTION 392 UNLESS ALL DEBTS OF THE DRAIN ARE SATISFIED.
12 THE DRAIN COMMISSIONER OR DRAINAGE BOARD MAY LEVY A SPECIAL
13 ASSESSMENT TO SATISFY ANY SUCH DEBT, INCLUDING REIMBURSEMENT TO
14 THE DRAIN REVOLVING FUND, BEFORE AN ORDER IS ENTERED OR DISBURSE-
15 MENTS ARE MADE. SUBJECT TO SUBSECTION (4), EASEMENTS or
16 rights-of-way RIGHTS OF WAY for the drain or part thereof aban-
17 doned and vacated or easements or portions thereof no longer nec-
18 essary for drainage purposes shall be conveyed or released by the
19 commissioner or drainage board on behalf of the drainage
20 district. If it be contemplated to construct a new drain or
21 part thereof on or near the line of an existing drain or part
22 thereof this may be accomplished without abandonment and vacation
23 of the
24 (4) THE existing drain or part thereof and the NEED NOT BE
25 ABANDONED OR VACATED IF IT IS ANTICIPATED THAT A DRAIN OR PART
26 THEREOF WILL BE CONSTRUCTED OR RELOCATED ON OR NEAR THE LINE OF
27 THE EXISTING DRAIN. THE easements or rights-of-way RIGHTS OF
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1 WAY of the existing drain or part thereof may be used for this
2 purpose. : Provided, however, That HOWEVER, if the contem-
3 plated project materially damages the property owner beyond the
4 existing easement, or if it materially burdens the existing ease-
5 ment, then the commissioner or drainage board shall secure an
6 additional easement for the contemplated project. It shall not
7 be necessary to abandon and vacate an AN existing drain or part
8 thereof made unnecessary by a new drain or part thereof NEED NOT
9 BE ABANDONED OR VACATED until the new drain is constructed and
10 ready for service.
11 Sec. 392. (1) Whenever any IF A drain shall have been
12 IS declared vacated and abandoned IN ITS ENTIRETY, as provided in
13 section 391, it shall be the duty of the DRAIN commissioner
14 to SHALL serve notice thereof forthwith upon the county trea-
15 surer of the county or counties in which the drainage district,
16 or any portion thereof, is situated. If there be any money cred-
17 ited to or belonging to the fund of such vacated and abandoned
18 drain, it shall be the duty of THE DRAIN COMMISSIONER OR DRAIN-
19 AGE BOARD MAY IN ITS DISCRETION PREPARE A REVISED ROLL TO ALLO-
20 CATE A PROPORTIONATE REFUND AMOUNT OF ANY SUCH FUND TO ALL THE
21 LANDS THAT WERE ASSESSED FOR THE COSTS OF THE VACATED AND ABAN-
22 DONED DRAIN. IF THE DRAIN COMMISSIONER OR DRAINAGE BOARD PRE-
23 PARES SUCH A REVISED ROLL, the county treasurer or treasurers to
24 transfer and pay over the same SHALL PAY THE REFUND AMOUNT to
25 the treasurer or treasurers of the township or townships in which
26 the drain was located or in which assessments for benefits to be
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1 received from such drain have been assessed and collected. :
2 Provided, That in all cases where
3 (2) IF the amount of such THE money belonging to IN the
4 drain fund of such THE drain , in the hands of the county
5 treasurer, shall be IS insufficient to permit the refunding and
6 paying over to such township treasurers all of the moneys MONEY
7 assessed and collected in such townships, the county treasurer
8 shall prorate the amounts so paid, and each LESS ALL COSTS
9 ASSOCIATED WITH THE ABANDONMENT OF THE DRAIN. EACH township
10 treasurer shall be IS entitled to receive such proportion of
11 the moneys MONEY remaining in the fund of the vacated or aban-
12 doned drain as the total amount of the assessments levied and
13 collected in his OR HER township and becoming a part of such
14 FOR THE drain fund shall bear to all of the moneys MONEY
15 assessed and collected and making up such THE fund. In case
16 IF it is necessary to prorate in the THIS manner, provided,
17 the county treasurer shall furnish to each township treasurer a
18 statement showing the amount of money in the fund at the time
19 such WHEN THE drain was declared vacated and abandoned, and the
20 various amounts assessed and collected for such THE DRAIN fund
21 from the different townships entitled to share in the disburse-
22 ment thereof.
23 Sec. 395. (1) The county drain commissioner may relinquish
24 jurisdiction and control to a township, city, or village of any
25 county drainage district upon which there is no outstanding
26 indebtedness or contract liability and which is wholly located
27 within the boundaries of a township, city, or village. , and
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1 thereafter SUBSEQUENTLY, the county drain commissioner shall be
2 relieved of, and the township, city, or village shall assume, the
3 maintenance, jurisdiction, control, and operation thereof OF
4 THE DRAIN and its future operation shall be financed in the
5 same manner as is provided for special assessment districts
6 within such THE township, city, or village. : Provided, That
7 such proceeding shall have first been HOWEVER, THE RELINQUISH-
8 MENT MUST FIRST BE approved by a majority of the members elect of
9 the county board of supervisors and by the resolution of the gov-
10 erning body of the township, city, or village in which such THE
11 drain is located. IF DRAIN JURISDICTION IS RELINQUISHED TO A
12 TOWNSHIP, CITY, OR VILLAGE, ALL EASEMENTS AND RIGHTS OF WAY ARE
13 TRANSFERRED FOR PURPOSES OF OPERATION AND MAINTENANCE OF THE
14 DRAIN, AND THE DRAINAGE DISTRICT IS DISSOLVED AND NO LONGER
15 WITHIN THE JURISDICTION AND CONTROL OF THE DRAIN COMMISSIONER.
16 (2) Any money which shall be in the drain fund of any
17 such drainage district at the time jurisdiction over it is
18 transferred RELINQUISHED as provided in this section shall be
19 distributed in the same manner as is provided in sections
20 391 392 to 394 , inclusive, of this act in the case of aban-
21 doned or vacated drains.
22 Sec. 421. (1) Whenever any person shall obstruct any IF A
23 PERSON OBSTRUCTS OR PERMITS THE OBSTRUCTION OF AN established
24 drain, it shall be the duty of the DRAIN commissioner to cause
25 such OR DRAINAGE BOARD SHALL CAUSE THE obstruction to be
26 removed. Any lessening of the CROSS-SECTION area of a drain ,
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1 which area shall be a cross section of the drain, shall be
2 deemed IS CONSIDERED to be an obstruction.
3 (2) The person causing such OR PERMITTING THE obstruction
4 shall be IS liable for the expense attendant upon the OF
5 removal thereof OF THE OBSTRUCTION, together with the charges
6 of the DRAIN commissioner OR DRAINAGE BOARD, and the same TOTAL
7 EXPENSE shall be a lien upon the THAT PERSON'S lands. of the
8 party causing or permitting such obstruction, and all of the ANY
9 UNPAID PORTION OF THE TOTAL expense shall by the commissioner
10 be reported BY THE COMMISSIONER OR DRAINAGE BOARD to the COUNTY
11 board of supervisors COMMISSIONERS, together with the report of
12 his doings in the premises, and by said board ordered THE WORK
13 PERFORMED. THE COUNTY BOARD OF COMMISSIONERS SHALL ORDER THAT
14 THE TOTAL EXPENSES BE spread upon the land of the offending
15 party, should the same remain unpaid: Provided, That the offend-
16 ing party causing such PERSON CAUSING OR PERMITTING THE
17 OBSTRUCTION. HOWEVER, THE PERSON CAUSING OR PERMITTING THE
18 obstruction shall be given a notice in writing of at least 5
19 CALENDAR days to remove such THE obstruction.
20 (3) This provision as to obstruction of any drain shall
21 SECTION DOES not apply where IF the obstruction was caused by
22 natural causes. , but HOWEVER, the owner of the stock who
23 shall permit his horses, cattle, pigs and other stock LIVESTOCK
24 PERMITTED to obstruct any drain by tramping in it shall be
25 deemed IS CONSIDERED to be the party causing such obstruction.
26 Nothing contained in this section shall in any way impede or bar
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1 the right of any person to make criminal complaint under any
2 existing law for any obstruction of a drain.
3 (4) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE
4 DRAIN COMMISSIONER OR DRAINAGE BOARD MAY, BY A WRITTEN ORDER, TO
5 BE PERSONALLY SERVED OR DELIVERED BY FIRST-CLASS MAIL, REQUIRE
6 THE LAND OWNER OR PERSON DEEMED TO BE CAUSING OR PERMITTING AN
7 OBSTRUCTION TO REMOVE THE OBSTRUCTION AT THAT TIME OR WITHIN 5
8 CALENDAR DAYS IF, IN THE OPINION OF THE DRAIN COMMISSIONER OR
9 DRAINAGE BOARD, THE OBSTRUCTION CREATES AN EMERGENCY CONDITION
10 THAT ENDANGERS THE PUBLIC HEALTH, SAFETY, CONVENIENCE, OR WELFARE
11 OR CROPS OR OTHER PROPERTY, SAID NOTICE TO SPECIFY THE REASONS
12 FOR FURTHER ACTION.
13 (5) THE DRAIN COMMISSIONER OR DRAINAGE BOARD, INCLUDING AN
14 AGENT OR EMPLOYEE OF THE DRAIN COMMISSIONER OR DRAINAGE BOARD,
15 MAY ENTER UPON PROPERTY NOT WITHIN A DRAINAGE DISTRICT TO REMOVE
16 AN OBSTRUCTION IN A NATURAL WATERCOURSE THAT SERVES AS AN OUTLET
17 FOR A COUNTY OR INTERCOUNTY DRAIN. THE ENTRY MAY BE MADE UPON
18 REASONABLE NOTICE TO THE OWNER AND AT REASONABLE HOURS. AN ENTRY
19 MADE PURSUANT TO THIS SUBSECTION IS NOT A TAKING. THE OWNER OR
20 HIS OR HER REPRESENTATIVE SHALL BE GIVEN A REASONABLE OPPORTUNITY
21 TO ACCOMPANY THE DRAIN COMMISSIONER OR DRAINAGE BOARD DURING THE
22 ENTRY UPON THE PROPERTY. THE DRAIN COMMISSIONER OR DRAINAGE
23 BOARD SHALL BEAR THE COSTS OF REMOVAL OF THE OBSTRUCTION AND
24 SHALL MAKE RESTITUTION FOR ACTUAL DAMAGE RESULTING FROM THE
25 ENTRY.
26 (6) IF REASONABLE EFFORTS TO ACCOMPLISH ENTRY UNDER
27 SUBSECTION (5) HAVE BEEN OBSTRUCTED OR DENIED, THE DRAIN
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1 COMMISSIONER OR DRAINAGE BOARD MAY COMMENCE A CIVIL ACTION IN THE
2 CIRCUIT COURT IN THE COUNTY IN WHICH THE PROPERTY OR ANY PART OF
3 THE PROPERTY IS LOCATED FOR AN ORDER PERMITTING ENTRY. THE COM-
4 PLAINT SHALL STATE THE FACTS MAKING THE ENTRY NECESSARY, THE DATE
5 ON WHICH ENTRY IS SOUGHT, AND THE DURATION AND THE METHOD PRO-
6 POSED FOR PROTECTING THE DEFENDANT AGAINST DAMAGE. THE COURT MAY
7 GRANT A LIMITED LICENSE FOR ENTRY UPON SUCH TERMS AS JUSTICE AND
8 EQUITY REQUIRE, INCLUDING THE FOLLOWING:
9 (A) A DESCRIPTION OF THE PURPOSE OF THE ENTRY.
10 (B) THE SCOPE OF ACTIVITIES THAT ARE PERMITTED.
11 (C) THE TERMS AND CONDITIONS OF THE ENTRY WITH RESPECT TO
12 THE TIME, PLACE, AND MANNER OF THE ENTRY.
13 (7) AN ENTRY MADE PURSUANT TO SUBSECTION (6) SHALL BE MADE
14 IN A MANNER THAT MINIMIZES ANY DAMAGE TO THE PROPERTY AND ANY
15 HARDSHIP, BURDEN, OR DAMAGE TO A PERSON IN LAWFUL POSSESSION OF
16 THE PROPERTY.
17 (8) THIS SECTION DOES NOT IMPEDE OR BAR THE RIGHT OF THE
18 DRAIN COMMISSIONER, DRAINAGE BOARD, OR ANY OTHER PERSON TO SEEK
19 RELIEF UNDER ANY OTHER PERTINENT PROVISIONS OF THIS ACT INCLUDING
20 BUT NOT LIMITED TO CIVIL OR CRIMINAL REMEDIES.
21 Sec. 422. (1) Railroad THE HIGHWAY AUTHORITY HAVING
22 JURISDICTION OVER ANY HIGHWAY, A RAILROAD or railway companies
23 COMPANY, OR A telephone, telegraph, or pipeline companies and
24 other utilities OR OTHER UTILITY shall not obstruct established
25 drains , nor shall they lessen the area of any OR DECREASE THE
26 DESIGN CAPACITY OF A drain through their ITS track bed or right
27 of way. The area herein referred to is a cross section of the
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1 drain. In case any IF such A company or utility, without legal
2 right, has constructed or shall construct any CONSTRUCTS A
3 bridge, culvert, pipeline, or conduit over any established drain
4 whereby the area aforesaid DESIGN CAPACITY OF THE DRAIN is
5 decreased, the removal of such THE bridge, culvert, pipeline,
6 or conduit shall not be deemed CONSIDERED an element of damage
7 in proceedings to deepen and widen such THE drain through
8 such THE track bed or right of way. In case it is proposed to
9 construct a A pipeline, sewer, or conduit within, over or
10 across any county, such construction shall be of a nature SHALL
11 BE SO CONSTRUCTED and laid at such a depth at the point of cross-
12 ing of any AN established public drain as THAT IT will not
13 interfere with said THE established public drain. The consent
14 of the county drain commissioner or board of public works of any
15 municipality shall be obtained before the work of such con-
16 struction is commenced. and such THE drain commissioner is
17 hereby authorized to MAY grant such consent upon such terms
18 and conditions as may be reasonable and proper under the
19 circumstances. then existing. In case any
20 (2) IF A railroad or railway company , OR A telephone,
21 telegraph, or pipeline company or other utilities shall obstruct
22 any UTILITY OBSTRUCTS AN established drain, or has constructed
23 or shall construct any bridge, culvert, pipeline, or conduit,
24 sewer, or other structure over, under, or through any established
25 drain, leaving less capacity to the drain than such drain is
26 legally entitled to THE DRAIN WITH LESS THAN ITS DESIGN
27 CAPACITY, in accordance with the rights for such drain as
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1 established by proper drain proceedings or as established by
2 other legal methods prior to the date of construction of any
3 such THE obstruction, the county drain commissioner or the board
4 of public works, as the case may be, may, by mandamus proceedings
5 in the circuit court of the county in which such THE obstruc-
6 tion shall occur IS LOCATED, compel the removal of such THE
7 obstruction. If necessary, issues of fact may be framed in such
8 proceedings. In case the court shall find such drain to have
9 IF THE COURT FINDS THAT THE DRAIN HAS been obstructed, it shall
10 issue a preemptory mandamus compelling such THE company to
11 remove such THE obstruction. The court may award costs in its
12 discretion as in other mandamus proceedings. The practice herein
13 shall be the same as in other motions for mandamus.
14 Sec. 423. (1) A person shall not continue to discharge or
15 permit to be discharged into any county drain or intercounty
16 drain of the THIS state any sewage or waste matter capable of
17 producing in the drain detrimental deposits, objectionable odor
18 nuisance, injury to drainage conduits or structures, or capable
19 of producing such pollution of the waters of the state receiving
20 the flow from the drains DRAIN as to injure livestock, destroy
21 fish life, or be injurious to public health. This section does
22 not prohibit the conveyance of sewage or other waste through
23 drains or sewers that will not produce these injuries and that
24 comply with section 3112 of part 31 (water resources protection)
25 of the natural resources and environmental protection act, Act
26 No. 451 of the Public Acts of 1994, being section 324.3112 of the
27 Michigan Compiled Laws 1994 PA 451, MCL 324.3112.
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1 (2) Disposal plants, filtration beds, and other mechanical
2 devices to properly purify the flow of any A drain may be con-
3 structed as a part of any established THE drain. , and the
4 THE cost of construction OF SUCH PURIFICATION FACILITIES shall be
5 paid for in the same manner as provided for in this act for other
6 drainage costs. Plants, beds, or devices THE PURIFICATION
7 FACILITIES may be described in the petition for the location,
8 establishment, and construction of drains or in the petition for
9 the cleaning, widening, deepening, straightening, or extending
10 MAINTENANCE OR IMPROVEMENT of drains, or in the application for
11 the laying out of a drainage district. Petitions for the con-
12 struction of plants, beds, and devices THE PURIFICATION
13 FACILITIES for use on any established drain may be filed by the
14 same persons and shall be received and all proceedings on the
15 petitions SHALL BE HELD in the same manner as other petitions
16 for any drainage construction under this act.
17 (3) If the department of environmental quality determines
18 that sewage or wastes carried by any county or intercounty drain
19 constitutes unlawful discharge as prescribed by section 3109 or
20 3112 of part 31 of Act No. 451 of the Public Acts of 1994, being
21 sections 324.3109 and 324.3112 of the Michigan Compiled Laws THE
22 NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451,
23 MCL 324.3109 AND 324.3112, that 1 or more users of the drain are
24 responsible for the discharge of sewage or other wastes into the
25 drain, and that the cleaning out of the drain or the construction
26 of disposal plants, filtration beds, or other mechanical devices
27 to purify the flow of the drain is necessary, the department of
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1 environmental quality may issue to the drain commissioner an
2 order of determination identifying such users and pollutants,
3 under section 3112 of Act No. 451 of the Public Acts of 1994,
4 being section 324.3112 of the Michigan Compiled Laws PART 31
5 (WATER RESOURCES PROTECTION) OF THE NATURAL RESOURCES AND ENVI-
6 RONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.3112. The order
7 of determination constitutes a petition calling for the con-
8 struction of disposal PURIFICATION facilities or other appro-
9 priate measures by which the unlawful discharge may be abated or
10 purified. The order of determination serving as a petition is in
11 lieu of the determination of necessity by a drainage board pursu-
12 ant to chapter 20 or 21 or section 122 or 192 or a determination
13 of necessity by a board of determination pursuant to section 72
14 or 191, whichever is applicable. A copy of the findings of the
15 department shall be attached to the order of determination.
16 which THE ORDER OF DETERMINATION shall require no other signa-
17 ture than that of the director of the department of environmental
18 quality.
19 (4) Upon receipt of the order of determination, the drain
20 commissioner or the drainage board shall proceed as provided in
21 this act to locate, establish, and construct a drain. If the
22 responsible users of the drain are determined to be public corpo-
23 rations in the drainage district, the drain commissioner or the
24 drainage board shall proceed as provided in chapters 20 and 21,
25 as may be appropriate, using the order of determination as the
26 final order of determination of the drainage board. If the
27 responsible users are determined to be private persons, the drain
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1 commissioner shall proceed as provided in chapters 8 and 9, using
2 the order of determination as the first order of determination.
3 (5) (4) Plans and specifications for the construction as
4 part of a drain of any disposal plant, filtration bed, or other
5 mechanical device to properly purify the flow of the drain
6 PURIFICATION FACILITIES shall be prepared by the drain commis-
7 sioner or the drainage board. Contracts for construction shall
8 be let in the manner provided in this act. To meet the cost of
9 any preliminary engineering studies for the construction of
10 abatement or purification facilities, the drain commissioner or
11 the drainage board shall apportion the cost among the several
12 parcels of land, highways, and municipalities benefited thereby
13 in the same manner as provided in chapter 7 or against the public
14 corporations affected by the order of determination in the same
15 manner as provided in chapters 20 and 21. The costs and charges
16 for maintenance shall be apportioned and assessed each year. If
17 the apportionment is the same as the last recorded apportionment,
18 a day of review or a hearing on apportionments is not necessary,
19 but if the apportionment is changed, notice of a day of review or
20 a hearing on apportionments shall be given to each person whose
21 percentage is raised.
22 (6) (5) Land may be acquired as a site for the construc-
23 tion of such plants, beds, and devices PURIFICATION FACILITIES,
24 and releases of land may be obtained in the same manner as pro-
25 vided in this act for other lands acquired for right of way.
26 (7) (6) A person shall not connect sewage or other waste
27 to a county or intercounty drain except with the written approval
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1 of the appropriate commissioner or the drainage board indorsed
2 upon a written application for such service and the payment of a
3 service fee of not to exceed $50.00 for each connection to a cov-
4 ered drain. The application shall include information showing
5 that all other local, state, and federal approvals related to the
6 sewage or waste have been obtained.
7 (8) (7) The fee provided for in subsection (6) shall be
8 set and collected by the drain commissioner, as approved by the
9 county board of commissioners or the drainage board, and depos-
10 ited with the county treasurer, to be credited to the drain fund
11 set up for the maintenance or construction of the drain. The
12 commissioner or the drainage board shall keep a record of appli-
13 cations made and the action on the applications. The commis-
14 sioner or the drainage board may reject applications for or
15 require such modification in requested applications for sewer
16 connections to county drains as necessary to attain the objec-
17 tives set forth in this section.
18 (9) (8) Subject to the review and approval of the depart-
19 ment of environmental quality, the drain commissioner or drainage
20 board may study the requirements of persons for flood control or
21 drainage POLLUTION CONTROL projects including FOR THE PROTEC-
22 TION OF THE PUBLIC HEALTH, SAFETY, AND WELFARE. SUCH PROJECTS
23 MAY INCLUDE sewage disposal systems, storm sewers, sanitary
24 sewers, combined sanitary and storm sewers, sewage treatment
25 plants, and all OR other plants, works, instrumentalities, and
26 properties useful in connection with FOR the collection,
27 treatment, and OR disposal of sewage and industrial wastes or
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1 agricultural wastes or run-off. , to abate pollution or decrease
2 the danger of flooding. The objective of such studies shall be
3 that sewers, drains, and sewage disposal facilities are made
4 available to persons situated within the territorial limits of
5 any drainage district or proposed drainage district as necessary
6 for the protection of public health and the promotion of the gen-
7 eral welfare.
8 (10) (9) The drainage board or drain commissioner may
9 cooperate, negotiate, and enter into contracts with other govern-
10 mental units and agencies or with any public or private corpora-
11 tion including the United States of America, and to take such
12 steps and perform such acts and execute such documents as may be
13 necessary to take advantage of any act of the congress of the
14 United States which may make available funds MAY DO WHAT IS NEC-
15 ESSARY TO OBTAIN FUNDS AVAILABLE UNDER FEDERAL LAW for any of the
16 purposes described in this section.
17 (11) (10) Failure to comply with any of the provisions of
18 this section subjects the offender to the penalties described in
19 section 602 616. However, for each offense, a person who vio-
20 lates subsection (6) is guilty of a misdemeanor punishable by a
21 fine of not more than $25,000.00 or imprisonment for not more
22 than 90 days, or both. In addition, the person may be required
23 to pay the costs of prosecution and the costs of any emergency
24 abatement measures taken to protect public health or the
25 environment. Payment of a fine or costs under this subsection
26 does not relieve a person of liability for damage to natural
27 resources or for response activity costs under the natural
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1 resources and environmental protection act, Act No. 451 of the
2 Public Acts of 1994, being sections 324.101 to 324.90106 of the
3 Michigan Compiled Laws 1994 PA 451, MCL 324.101 TO 324.90106.
4 (12) (11) As used in this section, "person" means an indi-
5 vidual, partnership, public or private corporation, association,
6 governmental entity, or other legal entity.
7 Sec. 425. (1) A landowner in the drainage district whose
8 land requires additional drainage may petition the DRAIN commis-
9 sioner OR DRAINAGE BOARD for permission to construct an open or
10 closed drain, or a combination thereof, to a regularly estab-
11 lished drain, and permission shall be granted by the commissioner
12 or drainage board when IF, in their opinion THE OPINION OF
13 THE COMMISSIONER OR THE DRAINAGE BOARD, the nature of the
14 ground to be crossed will admit thereof IS SUITABLE FOR A DRAIN
15 and the surface of the land can be restored. and for FOR that
16 purpose the drain may traverse the lands of other freeholders
17 LANDOWNERS in the district. Before permission may be granted by
18 the DRAIN commissioner OR DRAINAGE BOARD, consent in writing by
19 the owner or owners of the lands to be traversed by the proposed
20 drain shall be obtained. If permission TO CONSTRUCT THE DRAIN
21 ACROSS ADJOINING PROPERTIES is refused by the owner or owners,
22 of the lands to be traversed by the proposed drain, the drain
23 may be established by following the provisions of this act gov-
24 erning the location, establishment, and construction of county or
25 intercounty drainage districts and drains therein. AN APPLICA-
26 TION TO LAY OUT AND DESIGNATE A DRAINAGE DISTRICT OR A PETITION
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1 TO LOCATE, ESTABLISH, AND CONSTRUCT A DRAIN UNDER THIS SECTION
2 NEED ONLY BE SIGNED BY THE PETITIONING LANDOWNER OR OWNERS.
3 (2) The entire expense thereof TO DESIGN AND CONSTRUCT A
4 DRAIN UNDER THIS SECTION shall be borne by the petitioner, and
5 the DRAIN construction of an open or closed drain or combination
6 thereof shall be done at a THE time and in a THE manner as
7 the PRESCRIBED BY THE DRAIN commissioner or drainage board.
8 shall prescribe. When drains are constructed, the drain
9 entrance shall be substantially protected from driftwood and
10 debris. An application to lay out and designate a drainage dis-
11 trict or petition to locate, establish, and construct a drain
12 under the foregoing provisions of this section shall only require
13 the signature of the petitioning landowner or owners, other pro-
14 visions of this act notwithstanding. If permission is granted to
15 tile the source of a drain, the DRAIN commissioner OR DRAINAGE
16 BOARD shall further prescribe the amount and part of the drain to
17 be tiled and the manner of tiling.
18 (3) A person through whose land an open drain has been
19 established and constructed UNDER THIS ACT may make a written
20 request to the county drain commissioner OR DRAINAGE BOARD to be
21 permitted, at his own expense, to tile and cover with earth the
22 whole or a part thereof that may traverse his land, and the NO
23 EXPENSE TO THE DISTRICT, TO ENCLOSE THAT PART OF THE DRAIN THAT
24 TRAVERSES HIS OR HER LAND. THE commissioner may grant the
25 request SUBJECT TO RECEIPT OF A NEW EASEMENT, but in doing so
26 he shall prescribe the size of the tile AND TYPE OF
27 CONSTRUCTION to be used. A DEPOSIT OR BOND TO GUARANTEE
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1 CONSTRUCTION MAY BE REQUIRED AND ADMINISTERED AS PROVIDED IN
2 SECTION 433. A permit shall not be issued to tile or crock an
3 established drain that ENCLOSE ANY PORTION OF A COUNTY OR INTER-
4 COUNTY DRAIN IF THE ENCLOSURE will decrease the area DESIGN
5 CAPACITY of the drain as LAST established.
6 Sec. 429. Subject A COUNTY DRAIN COMMISSIONER, SUBJECT to
7 the consent and approval of the several boards of supervisors
8 of this state and the COUNTY BOARD OF COMMISSIONERS, OR THE
9 DRAINAGE BOARD OF AN INTERCOUNTY DRAINAGE DISTRICT, SUBJECT TO
10 THE APPROVAL OF THE COUNTY boards of supervisors COMMISSIONERS
11 of the counties comprising THE intercounty drainage districts,
12 the several county drain commissioners and the drainage boards of
13 intercounty drainage districts are hereby authorized to grant
14 unto DISTRICT MAY GRANT TO the United States of America the
15 right to use all the easements and rights of way conveyed to
16 their respective drainage districts THE DRAIN COMMISSIONER'S
17 DRAINAGE BOARD'S DRAINAGE DISTRICT or to any county or counties
18 lying wholly or in part in such districts THE DRAINAGE
19 DISTRICT, for the construction and maintenance of any A county
20 or intercounty drain by the United States in connection with any
21 flood control project undertaken by the United States, acting
22 through its war department or any other federal department or
23 agency INCLUDING ANY AGENCY OF THE UNITED STATES. In such
24 cases in which IF the work is to be performed at the expense of
25 the United States, it shall not be IS NOT necessary for the
26 drain commissioner or drainage board to advertise for bids or to
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1 let contracts for the construction or maintenance of any such
2 THE flood control project.
3 Sec. 430. (1) Whenever any IF A county or intercounty
4 drain is used for the transportation of sanitary sewage, the
5 county or counties within whose boundaries the drainage district
6 lies may contract under the provisions of Act No. 129 of the
7 Public Acts of 1943, as amended, being sections 123.231 to
8 123.235 of the Compiled Laws of 1948, 1943 PA 129, MCL 123.231
9 TO 123.236, or any other applicable act, for the disposal of
10 sewage therefrom, including any storm water necessarily mixed
11 therewith. In such case IF SUCH A CONTRACT IS ENTERED INTO,
12 the drain commissioner or the drainage board may fix and collect
13 charges to cover the cost of the treatment and disposal of sani-
14 tary sewage. Such THE charges shall be approved by the major-
15 ity vote of the members-elect of the COUNTY board of
16 supervisors COMMISSIONERS. The charges may be made to each
17 user of the services or may be made to public corporations.
18 Contracts for periods not exceeding 50 years may be made between
19 the county and public corporations to be so served, in respect to
20 sewage disposal services, when approved by the governing bodies
21 of the several parties thereto.
22 (2) Charges for sewage disposal services furnished to any
23 A premises shall be a lien thereon ON THE PREMISES from the
24 date such THE charges are due. and any charges CHARGES delin-
25 quent for 6 months or more shall be certified annually to the
26 proper tax assessing officer or agency who shall enter the same
27 CHARGES upon the next tax roll against the premises to which
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1 such THE services shall have been rendered, and the WERE
2 RENDERED. THE charges shall be collected and the lien shall be
3 enforced in the same manner as provided for the collection of
4 taxes assessed upon such THE roll and the enforcement of the
5 TAX lien. therefor. The time and manner of certification and
6 the other details in respect to the collection of such THE
7 charges and the enforcement of such THE lien shall be pre-
8 scribed by the governing body of the public corporation in which
9 the lands are located. The payment of charges for sewage dis-
10 posal services to any premises may be enforced by discontinuing
11 either the water service or the sewage disposal service to such
12 THE premises, or both.
13 (3) The charges for sewage disposal services may also
14 include the cost of the operation and maintenance of any physical
15 structures and any administrative expenses in connection with the
16 transportation, treatment, and disposal of sanitary sewage.
17 Sec. 431. (1) The drain commissioner or drainage board may
18 contract or make agreements with the federal government, includ-
19 ing any agency thereof OF THE FEDERAL GOVERNMENT, whereby the
20 federal government will pay the whole or any part of the cost of
21 the project or will perform the whole or any part of the work
22 connected therewith, which WITH THE PROJECT. THE contract or
23 agreement may include any specific terms required by act of con-
24 gress or federal regulation, not in conflict with state law, as a
25 condition for participation on the part of the federal
26 government.
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1 (2) The drain commissioner or drainage board may contract or
2 make agreements with any private corporation or with any public
3 corporation, including any agency thereof, in respect to any
4 matter connected with the construction, operation or maintenance
5 of any flood control or drainage project or combination thereof.
6 The contract or agreement may provide that any payments made or
7 work done by the public corporation shall relieve it in whole or
8 in part from assessment for the cost of the project.
9 (3) No construction CONSTRUCTION work shall NOT be under-
10 taken by the drain commissioner or drainage board until bids have
11 been advertised for and received for the performance of such
12 THE work, but this provision shall REQUIREMENT DOES not apply
13 to work to be performed solely by the federal government or a
14 public corporation at its expense.
15 (4) The drain commissioner or drainage board may contract or
16 make agreements with private and public corporations and with the
17 federal government including any agency thereof for the purpose
18 of expanding any flood control or drainage project or combination
19 thereof to include the conservation and utilization of soil and
20 water for recreation and other beneficial purposes. The con-
21 tracts or agreements shall provide for an equitable sharing of
22 the costs of the expanded flood control or drainage project or
23 combination thereof and the cost borne by a drainage district
24 shall not be in excess of the amount which can be attributed
25 solely to drainage and flood control. The drain commissioner or
26 drainage board, may acquire by gift or purchase the necessary
27 lands, and rights of way for the purposes of any expanded flood
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1 control or drainage project or combination thereof. The drain
2 commissioner or drainage board may acquire by condemnation pro-
3 ceedings similar to those provided in chapter 4 and chapter 6 of
4 this act UNDER SECTION 75, the necessary lands and rights of way
5 for any expanded flood control or drainage project or combination
6 thereof which shall THAT WILL be undertaken jointly with a
7 public corporation or the federal government. The drain commis-
8 sioner or drainage board may pay for the costs of lands taken by
9 condemnation for an expanded flood control or drainage project or
10 combination thereof, undertaken jointly with a public corporation
11 or the federal government, but the public corporation or federal
12 government shall promptly reimburse the drainage district for all
13 costs of acquisition in excess of those costs directly attribut-
14 able to drainage and flood control.
15 The term "public corporation" includes the state, counties,
16 cities, villages, townships, metropolitan districts and authori-
17 ties created by or pursuant to state statutes.
18 Sec. 433. (1) An existing intracounty or intercounty drain-
19 age district may be enlarged and the AN ESTABLISHED drain
20 located in the district may be extended or have branches added
21 to provide drainage service to lands not originally LAND
22 within the EXISTING boundaries of the A drainage district OR TO
23 PROVIDE SERVICE TO LAND CONTIGUOUS TO A DRAINAGE DISTRICT, by
24 agreement between the drain commissioner or the drainage board
25 and the owner of the lands; or if there is a developer of the
26 lands who is not the owner, between the drain commissioner or the
27 intercounty drainage board and the owner and the developer of the
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1 lands LAND. The agreement shall obligate the owner and the
2 developer, if any, of the lands to be added to the drainage
3 district OF THE LAND to construct, in accordance with plans and
4 specifications prepared by or approved by the drain commissioner
5 or drainage board, the necessary and adequate drainage facilities
6 on the lands to be added and in the existing drainage district
7 to connect the lands to the existing drain in the drainage
8 district and to pay the cost of TO CONSTRUCT the drainage
9 facilities, including right of way, EASEMENTS, engineering,
10 inspection, administration, and legal expenses incurred by the
11 drain commissioner or the drainage board. , or to deposit with
12 the drain commissioner or drainage board, upon execution of the
13 agreement, THE DRAIN COMMISSIONER OR DRAINAGE BOARD MAY REQUIRE
14 A GOOD FAITH DEPOSIT OR BOND EQUAL TO the estimated cost of the
15 construction and expenses. THE AMOUNT OF THE DEPOSIT OR BOND
16 SHALL BE REFUNDED TO THE OWNER, OR THE BOND RETURNED, UPON FINAL
17 ACCEPTANCE OF THE WORK BY THE DRAIN COMMISSIONER OR DRAINAGE
18 BOARD.
19 (2) Before any AN agreement is approved and executed on
20 behalf of a drainage district by the drain commissioner or drain-
21 age board, there shall be obtained, at the expense of the owner
22 or developer of the lands to be added OF THE LAND, a certifi-
23 cate , from a registered LICENSED professional engineer AND
24 satisfactory to the drain commissioner or the drainage board.
25 , to the effect that THE CERTIFICATE SHALL CERTIFY BOTH OF THE
26 FOLLOWING:
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1 (A) THAT the lands to be added naturally drain into the area
2 served by the existing drain or that the existing drain is the
3 only reasonably available outlet for the drainage from the lands
4 to be added. and that
5 (B) THAT there is existing capacity in the existing drain
6 to serve the lands to be added LANDS OR TO ACCOMMODATE ADDI-
7 TIONAL DRAINAGE PROVIDED without detriment to or diminution of
8 the drainage service provided or to be provided , in the fore-
9 seeable future, to the area in the existing drainage district.
10 (3) If the existing drain in the existing drainage dis-
11 trict has been financed by the levy of drain special assessments
12 on the lands in the drainage district and if the basis of spe-
13 cial assessment as applied to the lands to be added to the drain-
14 age district would result in a drain special assessment on the
15 ADDED lands to be added in an aggregate principal amount
16 greater than the costs and expenses to be paid or incurred by the
17 owner and developer, if any, of the lands for the new OF THE
18 LAND TO CONSTRUCT ADEQUATE drain facilities at the time of enter-
19 ing into the agreement, then the owner or developer OF THE LAND
20 shall also pay the amount of the excess to the drainage district
21 at the time of execution of the agreement. In addition, the
22 developer or owner of the added lands LAND shall pay a pro
23 rata equitable share of the cost of the original construction of
24 the drain, if any.
25 (4) (3) Lands LAND added to any A drainage district by
26 agreement shall be liable from and after the date of THE
27 agreement for all assessments levied after the date of the
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1 agreement for operation and maintenance of the drain, including
2 the extension of the drain pursuant to the agreement, and the
3 lands LAND shall THEREAFTER be a part of the drainage district
4 for all other purposes and procedures set forth in this act. All
5 drain facilities, and all rights of way, easements, or property
6 in which the facilities are located, acquired, or constructed
7 pursuant to the agreement to add lands shall be dedicated to
8 public use or conveyed or transferred to the drainage district.
9 and the THE drain facilities shall be a part of the drain the
10 same as if originally located, established, and constructed by
11 procedures set forth in UNDER this act. as a part of the origi-
12 nal drain.
13 (5) (4) An existing intracounty or intercounty drain may be
14 extended or have branches added to provide additional service to
15 lands within the drainage district by agreement between the drain
16 commissioner or the drainage board and the owner of the lands; or
17 if there is a developer of the lands who is not the owner,
18 between the drain commissioner or the drainage board and the
19 owner and the developer of the lands, pursuant to the procedures
20 and conditions set forth in this section. The affected public
21 PUBLIC corporations or municipalities in which the proposed
22 lands are to be added will AFFECTED BY AN AGREEMENT PROVIDED FOR
23 IN THIS SECTION SHALL be apprised of the agreement by the drain
24 commissioner or drainage board and who shall also publish
25 notice BY FIRST-CLASS MAIL OR PERSONAL SERVICE. NOTICE of the
26 agreement SHALL ALSO BE PUBLISHED in a newspaper of general
27 circulation in the drainage district. in question.
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1 (6) (5) By agreement with a landowner, and the developer,
2 if any, the drain commissioner or intercounty drainage board
3 may establish an existing private drain which THAT IS WITHIN A
4 DRAINAGE DISTRICT AND THAT was constructed by the landowner or
5 developer to service an area on his or her own land. as a
6 county or intercounty drain. THE LANDOWNER SHALL PROVIDE PLANS
7 AND EASEMENTS IN FORM ACCEPTABLE TO THE DRAIN COMMISSIONER OR
8 DRAINAGE BOARD.
9 (7) (6) If a drain established pursuant to subsection
10 (5) (6) adds lands to an existing drainage district, the pro-
11 visions of subsections (2) and (3) shall SUBSECTIONS (3) AND (4)
12 apply.
13 (8) (7) If a drain established pursuant to subsection
14 (5) (6) is independent from an existing drainage district, a
15 certificate shall be obtained , AS PROVIDED IN SUBSECTION (2)
16 AND at the expense of the landowner. or developer of the lands
17 served by the proposed drain, from a registered professional
18 engineer satisfactory to the drain commissioner or the inter-
19 county drainage board to the effect that the outlet for the
20 existing drain is the only reasonably available outlet for the
21 drain and that there is sufficient capacity in the existing
22 outlet for the proposed drain to serve as an adequate outlet
23 without detriment to or diminution of the drainage service which
24 the outlet presently provides. All drain facilities, and all
25 rights of way, easements, or property in which the facilities are
26 located, acquired, or constructed pursuant to the agreement to
27 establish the drain shall be dedicated to public use or conveyed
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1 or transferred to the drainage district. and the THE drain
2 facilities and drainage district shall be an established drain
3 and drainage district the same as if originally laid out and des-
4 ignated, located, established, and constructed by procedures set
5 forth in UNDER this act. All plans PLANS and specifications,
6 including a map and a description of the drainage district,
7 pertaining to the private drain as may be required by the drain
8 commissioner or intercounty drainage board shall be furnished to
9 the drain commissioner or intercounty drainage board.
10 (9) (8) The landowner or developer who transfers a drain
11 pursuant to subsection (5) THIS SECTION shall deposit with the
12 drain commissioner or drainage board FUNDS IN THE AMOUNT OF 5% of
13 the cost of the drain but not more than $2,500.00. The money
14 received by the drain commissioner or intercounty drainage board
15 pursuant to this subsection shall be deposited in a special THE
16 drain fund which shall be used for the future maintenance of the
17 transferred drain FOR THE DRAIN AND USED AS PROVIDED IN SECTION
18 196.
19 Sec. 441. (1) Two or more drainage districts located in the
20 same county and in the same drainage basin or in adjoining
21 basins, may consolidate and organize as a single drainage dis-
22 trict upon the filing of a petition for consolidation with the
23 drain commissioner of the county setting forth the reason for the
24 proposed consolidation. The consolidation may include land not
25 within an existing drainage district if requested in the
26 petition. The petition shall be signed by at least 50 property
27 owners within the proposed consolidated drainage district. If in
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1 the proposed consolidated drainage district there are less than
2 100 property owners, the petition shall be signed by at least 50%
3 of the property owners in the proposed consolidated drainage
4 district THE SAME NUMBER OF LANDOWNERS AS REQUIRED BY SECTION 51
5 FOR AN APPLICATION TO LOCATE, ESTABLISH, AND CONSTRUCT A DRAIN.
6 In place of a petition signed by property owners, a petition may
7 be signed solely by a city or township a portion of which is
8 located within the proposed consolidated drainage district, when
9 authorized by its governing body, or by a combination of
10 municipalities. As soon as practicable after the filing of a
11 petition, the drain commissioner, if not disqualified under sec-
12 tion 381, may SHALL appoint a board of determination composed
13 of 3 disinterested property owners to determine the necessity of
14 the consolidation. If the commissioner is disqualified or
15 chooses not to appoint the board of determination, the commis-
16 sioner shall immediately file a copy of the petition with the
17 chairperson of the county board of commissioners, together with a
18 SIGNED statement signed by the commissioner showing that he or
19 she is disqualified THE REASONS FOR DISQUALIFICATION or WHY THE
20 COMMISSIONER chooses not to act in appointing a board of
21 determination. Upon receiving a copy of the petition and certif-
22 icate, the chairperson of the county board of commissioners, if
23 not privately interested, shall appoint as soon as practicable a
24 board of determination and shall immediately notify the drain
25 commissioner of the names and addresses of those appointed. If
26 the chairperson of the county board of commissioners has a
27 private interest in the proceedings, the drain FINANCE
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1 committee of the county board of commissioners shall appoint the
2 board of determination. Members of a board of determination
3 shall be residents of the county but not of the proposed consoli-
4 dated drainage district or of a drainage district a part of which
5 is to be included in the proposed consolidation. A meeting of
6 the board of determination shall be called within the proposed
7 consolidated drainage district at some convenient place to be
8 designated by the drain commissioner. If a person appointed to
9 the board of determination fails or refuses to serve, a successor
10 shall be appointed by the official or committee making the
11 appointment in the first instance. The compensation of a A
12 member of the board of determination shall be $8.00 per day with
13 no additional allowance for mileage. The RECEIVE COMPENSATION,
14 MILEAGE, AND EXPENSES, WHICH SHALL BE DETERMINED AS PROVIDED IN
15 SECTION 72, UNLESS THE county board of commissioners of a county
16 may increase INCREASES the per diem compensation of members of
17 the board of determination UNDER THIS SECTION.
18 (2) The drain commissioner shall give notice of the time,
19 date, and place of the meeting in the manner prescribed by Act
20 No. 267 of the Public Acts of 1976 and by publication twice in a
21 newspaper of general circulation in the county or a newspaper of
22 general circulation in the proposed consolidated drainage dis-
23 trict, the first publication of which shall be at least 10 days
24 before the meeting. Notices shall also be served on the county
25 clerk and the clerk of each township or city in the proposed con-
26 solidated drainage district, personally or by registered mail at
27 least 10 days before the meeting. The drain commissioner shall
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1 also send notice by first-class mail of the time, date, and place
2 of the meeting at least 10 days before the date of the meeting to
3 each person whose name appears on the last city or township tax
4 assessment roll as owning land within the existing drainage dis-
5 tricts, a portion of which is proposed to be consolidated, or
6 owning lands within the proposed consolidated drainage district
7 whose land is not within an existing drainage district, at the
8 address shown on the roll. If an address does not appear on the
9 roll, then a notice need not be mailed to those persons. The
10 drain commissioner shall make an affidavit of the mailing and
11 shall recite in the affidavit that the persons to whom the notice
12 was mailed constitute all of the persons to whom notice must be
13 sent. The affidavit shall be conclusive proof that notice was
14 mailed to each person to whom notice is required to be mailed by
15 this section. The failure to receive a notice by mail shall not
16 constitute a jurisdictional defect invalidating a drain proceed-
17 ing if notice has been sent by first-class mail as provided in
18 this section. All THE OPEN MEETINGS ACT, 1976 PA 267, MCL
19 15.261 TO 15.275. THE expense of notification shall be paid by
20 the drainage district when created CONSOLIDATED. IF THE DRAIN-
21 AGE DISTRICTS ARE NOT CONSOLIDATED, THE EXPENSE SHALL BE PAID
22 EQUALLY BY THE SEPARATE DISTRICTS.
23 (3) At the time and place fixed in the notice the THE
24 board shall meet , AND elect a chairperson and a secretary. ,
25 and proceed to determine whether the proposed consolidation is
26 conducive to public health, convenience, or welfare. After
27 hearing the evidence, the board shall make its determination as
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1 to DETERMINE WHETHER THE PROPOSED CONSOLIDATION IS ADVISABLE
2 BASED ON whether the proposed consolidation is conducive to
3 public health, convenience, or welfare AND IS PRACTICAL IN THE
4 ADMINISTRATION OF THE DRAINS IN THE RESPECTIVE DISTRICTS. If the
5 board finds by a majority vote of the members that the proposed
6 consolidation is not conducive to public health, convenience, or
7 welfare ADVISABLE, it shall file with the commissioner an order
8 dismissing the petition, and a further petition for the drain
9 shall not be entertained within 1 year after the determination.
10 If the board by a majority vote finds that the proposed consoli-
11 dation is conducive to the public health, convenience, or
12 welfare ADVISABLE, it shall make its order to that effect and
13 file the order with the commissioner. Upon receipt of the order
14 of consolidation, the commissioner shall enter an order giving
15 the consolidated drainage district a name or number.
16 Sec. 441a. (1) Two or more drainage districts may be con-
17 solidated and organized as a single drainage district under this
18 section where IF the proposed consolidated district lies within
19 more than 1 county, by filing a petition in writing with the
20 DRAIN commissioner of a county having jurisdiction of land in the
21 proposed consolidated drainage district, setting forth the reason
22 for the proposed consolidation. The consolidation may include
23 land not within an existing drainage district if requested in the
24 petition. The petition shall be signed by at least 50 property
25 owners within the proposed consolidated drainage district. If in
26 the proposed consolidated drainage district there are less than
27 100 property owners, then the petition shall be signed by at
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1 least 50% of the property owners in the proposed consolidated
2 drainage district THE SAME NUMBER OF LANDOWNERS REQUIRED UNDER
3 SECTION 51 FOR AN APPLICATION TO LOCATE, ESTABLISH, AND CONSTRUCT
4 A DRAIN. In place of a petition signed by property owners
5 LANDOWNERS, a petition may be signed solely by a city or township
6 a portion of which is located within the proposed consolidated
7 drainage district, when IF authorized by its governing body, or
8 by a combination of municipalities. Upon receipt of the peti-
9 tion, the commissioner shall notify the director of the depart-
10 ment of agriculture and the commissioner of each county embracing
11 land in the proposed consolidated drainage district. The drain
12 commissioners of the counties and the director of the department
13 of agriculture or a deputy designated by the director shall con-
14 stitute the drainage board.
15 (2) The director of the department of agriculture shall call
16 a meeting of the drainage board not less than 15 days or more
17 than 60 days after the receipt of the notice. The meeting shall
18 be held in the immediate locality of the proposed consolidated
19 drainage district. Notice of the meeting shall be served per-
20 sonally or by registered mail, at least 10 days before the meet-
21 ing on the clerk of each county, township, and city within the
22 proposed consolidated drainage district. A notice of the meeting
23 shall be given in the manner prescribed by Act No. 267 of the
24 Public Acts of 1976, and shall be published twice in each county
25 affected in a newspaper of general circulation in the county or
26 in a newspaper of general circulation in the proposed
27 consolidated drainage district, the first publication of which
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1 shall be at least 10 days before the meeting. The drain
2 commissioner of each county in which land proposed to be consoli-
3 dated into the proposed consolidated district is located shall
4 also send notice of the time, date, and place of the meeting by
5 first-class mail, at least 10 days before the date of the meet-
6 ing, to each person whose name appears upon the last city or
7 township tax assessment roll as owning land within the existing
8 drainage districts to be consolidated, or owning land within the
9 proposed consolidated drainage district which is not within an
10 existing drainage district, at the address shown on the roll. If
11 an address does not appear on the roll, a notice need not be
12 mailed to the persons. Each drain commissioner shall make an
13 affidavit of the mailing and shall recite in the affidavit that
14 the persons to whom the notice was mailed constitute all of the
15 persons to whom notice must be sent. The affidavits shall be
16 conclusive proof that notice was mailed to each person to whom
17 notice is required to be mailed by this section. The failure to
18 receive notice by mail shall not constitute a jurisdictional
19 defect invalidating a drain proceeding, if notice has been sent
20 by first-class mail as provided in this section TIME, DATE, AND
21 PLACE OF THE MEETING SHALL BE GIVEN IN THE MANNER PROVIDED BY THE
22 OPEN MEETINGS ACT, 1976 PA 267, MCL 15.231 TO 15.246. All expense
23 of notification shall be paid by the drainage district when
24 created or consolidated. IF THE DRAINAGE DISTRICTS ARE NOT
25 CONSOLIDATED, THE EXPENSE SHALL BE PAID EQUALLY BY THE SEPARATE
26 DISTRICTS.
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1 (3) Upon convening the meeting, the director of the
2 department of agriculture or a deputy selected by the director
3 shall act as chairperson. The drainage board shall consider the
4 application for the proposed consolidated drainage district, and
5 determine the sufficiency of the signatures to the application.
6 The drainage board shall then proceed to determine whether the
7 proposed consolidation is conducive to public health, conve-
8 nience, or welfare. After hearing the evidence, the drainage
9 board shall make its determination as to DETERMINE WHETHER THE
10 PROPOSED CONSOLIDATION IS ADVISABLE, BASED ON whether the pro-
11 posed consolidation is conducive to public health, convenience,
12 or welfare AND IS PRACTICAL IN THE ADMINISTRATION OF THE DRAINS
13 IN THE RESPECTIVE DISTRICTS. If the board finds by a majority
14 vote of the members that the proposed consolidation is not
15 conducive to public health, convenience, or welfare ADVISABLE,
16 it shall file with the chairperson an order dismissing the peti-
17 tion, and a further petition for consolidation shall not be
18 entertained within 1 year after the determination. If the board
19 by a majority vote finds that the proposed consolidation is
20 conducive to the public health, convenience, or welfare
21 ADVISABLE, it shall make its order to that effect and file the
22 order with the chairperson. Upon receipt of the order of consol-
23 idation, the chairperson shall enter an order giving the consoli-
24 dated drainage district a name or number. A copy of the order
25 shall be filed within 10 days by the director of the department
26 of agriculture in the office of the county drain commissioner of
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1 each county in which land included in the consolidated drainage
2 district is located.
3 Sec. 442. In any proceeding for the consolidation of 2 or
4 more drainage districts, existing surveys shall be used unless
5 the drain commissioner, in the case of a county drain, or the
6 drainage board, in the case of an intercounty drain, shall make
7 a determination DETERMINES that the existing surveys are
8 inadequate. IF EXISTING SURVEYS ARE DETERMINED TO BE INADEQUATE,
9 OR IF LANDS ARE ADDED BY THE PETITION, THE COMMISSIONER OR DRAIN-
10 AGE BOARD SHALL APPOINT A SURVEYOR OR ENGINEER TO SURVEY AND
11 DESCRIBE THE CONSOLIDATED DISTRICT. THE EXPENSE SHALL BE BORNE
12 BY THE CONSOLIDATED DISTRICT WHEN CREATED.
13 Sec. 446. Any drain which has been included and merged in
14 a consolidated drain and whose outstanding indebtedness has been
15 fully paid may be abandoned and vacated in the manner provided
16 for the abandonment or vacation of drains. In case any such
17 drain has in its fund any money, after all outstanding indebted-
18 ness has been paid, such money shall be transferred, paid over or
19 prorated in the same manner as is provided for abandoned or
20 vacated drains: Provided, That if any person, firm, corporation
21 or township entitled to share in the distribution of such money
22 shall be liable for any special assessment of the consolidated
23 drain, its share of such money, or any part thereof which is nec-
24 essary to cover such special assessment, shall be returned to the
25 respective county treasurer or treasurers and such treasurer or
26 treasurers shall transfer such money to the fund of the
27 consolidated drain and such person, firm, corporation or township
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1 shall be credited therefor against the special assessment of the
2 consolidated drain. IF THERE ARE FUNDS IN THE DRAIN ACCOUNT OF
3 ANY OF THE DISTRICTS TO BE CONSOLIDATED, THE FUNDS SHALL BE
4 PLACED IN A SEPARATE ACCOUNT FOR THE CONSOLIDATED DISTRICT AND
5 SHALL BE USED TO PAY EXPENSES INCURRED BY THE COMMISSIONER OR
6 DRAINAGE BOARD FOR THE CONSOLIDATED DISTRICT, EXCEPT AS FOLLOWS:
7 (A) IF LANDS ARE ADDED WHICH WERE NOT PREVIOUSLY LOCATED IN
8 1 OF THE PETITIONING DISTRICTS, FUNDS FROM EACH ACCOUNT WHERE
9 THERE IS A SURPLUS SHALL BE PAID OUT OR PRORATED IN THE SAME
10 MANNER AS PROVIDED FOR ABANDONED OR VACATED DRAINS AFTER THAT
11 DISTRICT'S INDEBTEDNESS FOR THE COST OF CONSOLIDATION HAS BEEN
12 SATISFIED.
13 (B) IF 1 OF THE DISTRICTS CONSOLIDATED IS SPECIALLY BENE-
14 FITTED BY THE CONTINUED OPERATION AND MAINTENANCE OF PUMPING
15 EQUIPMENT OR OTHER MECHANICAL OPERATIONS, A SEPARATE ACCOUNT
16 SHALL BE MAINTAINED TO PROVIDE FOR PAYMENT FOR THE OPERATION AND
17 MAINTENANCE OF THE PUMPING EQUIPMENT OR OTHER MECHANICAL
18 OPERATION.
19 Sec. 463. (1) Before filing a petition under this section,
20 the legislative body of a public corporation shall first deter-
21 mine whether the drain project contemplated may necessitate the
22 levy of a special assessment, fee, or charge under section 490.
23 If the legislative body determines that a special assessment,
24 fee, or charge may be made under section 490, before filing a
25 petition under this section, the legislative body shall proceed
26 as provided in section 489a.
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1 (1) (2) If it is necessary for the public health to
2 locate, establish, and construct a county drain, a petition for
3 that purpose may be filed with the county drain commissioner
4 signed by 2 1 or more public corporations which will be subject
5 to assessments to pay the cost of the drain. The petition shall
6 state that it is filed pursuant to this chapter and shall
7 describe the location and route of the proposed drain suffi-
8 ciently to determine with reasonable certainty the areas to be
9 serviced by the drain.
10 (2) (3) Not more than 20 30 days after the petition is
11 filed, the county drain commissioner shall notify each public
12 corporation which may be subject to an assessment or in which is
13 located any of the areas to be drained, as described in the peti-
14 tion, that a petition was filed. LATE NOTIFICATION BY THE COM-
15 MISSIONER DOES NOT NULLIFY THE PETITION.
16 (3) (4) A certified copy of the resolution of the govern-
17 ing body of each signer authorizing the affixing of the signature
18 of the governing body to the petition shall be attached to the
19 petition. The petition may be filed in more than 1 counterpart.
20 For a petition filed by a county, the county board of commission-
21 ers shall authorize the execution of the petition, and for a
22 petition filed by the state, the state transportation commission
23 shall authorize the execution of the petition. As provided in
24 section 423, an order of determination of the water resources
25 commission DEPARTMENT OF ENVIRONMENTAL QUALITY shall also serve
26 as a petition made pursuant to this chapter.
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1 Sec. 464. (1) There A DRAINAGE BOARD is created for each
2 project petitioned for under this chapter. , a drainage board
3 that, except EXCEPT as otherwise provided in subsection (2), THE
4 DRAINAGE BOARD shall consist of the drain commissioner of the
5 county, the chairperson of the county board of commissioners OR A
6 MEMBER OF THE COUNTY BOARD OF COMMISSIONERS DESIGNATED BY THAT
7 CHAIRPERSON, and the chairperson of the board of county
8 auditors. If there is no board of county auditors in the county,
9 then the chairperson of the finance committee of the county
10 board of commissioners shall act as a member of the drainage
11 board, and if OR A MEMBER OF THE COUNTY BOARD OF COMMISSIONERS
12 DESIGNATED BY THAT CHAIRPERSON OR HIS OR HER DESIGNEE. IF there
13 is neither a board of county auditors nor NO finance committee,
14 then the chairperson of the county board of commissioners shall
15 select from time to time 1 member of the county board of commis-
16 sioners to act as a member of the drainage board. If a member
17 of the drainage board who is a commissioner, as provided in this
18 section or section 487, is interested in a project petitioned for
19 under this chapter, by reason of his or her holding an elected or
20 appointed office in a public corporation to be assessed for the
21 cost of the project, he or she is disqualified to act as a member
22 of the drainage board with respect to the project. In such case
23 the vice-chairperson or chairperson pro tempore of the county
24 board of commissioners or of the finance committee of the county
25 board of commissioners, if not also disqualified, shall act as
26 the member. If the vice-chairperson or chairperson pro tempore
27 is disqualified, the drain commissioner of the county shall
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1 designate a member of the county board of commissioners who is
2 not disqualified to act as a member of the drainage board for the
3 project. The chairperson of the county board of commissioners
4 and any member of a county board of commissioners serving on A
5 MEMBER OF the drainage board shall receive the compensation,
6 mileage, and expenses as provided by the drainage board.
7 However, compensation paid to a member shall not exceed $25.00
8 per diem, exclusive of mileage and expenses, for attendance at
9 drainage board meetings WHICH SHALL BE DETERMINED AS PROVIDED IN
10 SECTION 72 FOR MEMBERS OF A BOARD OF DETERMINATION. The county
11 drain commissioner shall be chairperson of the drainage board.
12 The chairperson shall keep minutes of the proceedings of the
13 drainage board and all records and files of the board shall be
14 kept in his or her office. In counties of less than 500,000
15 population, the commissioner shall be paid the same compensation
16 as other members of the drainage board.
17 (2) In a county organized under a charter adopted under Act
18 No. 293 of the Public Acts of 1966, being sections 45.501 to
19 45.521 of the Michigan Compiled Laws 1966 PA 293, MCL 45.501 TO
20 45.521, that has a population of more than 2,000,000 at the time
21 the charter is adopted and whose charter prescribes an elected
22 county executive, the drainage board shall consist of the follow-
23 ing members:
24 (a) The person designated by the charter to carry out the
25 administrative duties of the drain commissioner or that person's
26 designee, who shall also serve as chairperson of the drainage
27 board.
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1 (b) The county commissioner whose district will be assessed
2 for the greatest portion of the cost of the project, or that
3 county commissioner's designee. The determination of which
4 county commissioner is qualified to sit under this subdivision
5 shall initially be made by the chairperson of the drainage board
6 at the time WHEN the petition for the project is filed. After
7 the final order of apportionment is issued under section 469, the
8 county commissioner who qualifies under this section shall become
9 the county commissioner member and serve until another apportion-
10 ment is established requiring the seating of another
11 commissioner.
12 (c) A person appointed by the county executive with the
13 advice and consent of a majority of the members of the county
14 board of commissioners elected or appointed and serving.
15 (3) In a county described in subsection (2), the require-
16 ments in this chapter for substantive actions and determinations
17 shall be followed in administering each project petitioned for
18 under this chapter, subject to and in accordance with any appli-
19 cable provisions of the county charter.
20 Sec. 465. (1) A meeting of the drainage board may be called
21 by the chairperson or 2 members of the board, on notice sent by
22 registered mail to each member, setting forth the time, date, and
23 place of the meeting. The notice shall be mailed not less than 5
24 days before the time DATE of the meeting. The affidavit of the
25 chairman as to such mailing shall be conclusive proof thereof.
26 (2) A majority of the members of the board shall
27 constitute a quorum for the transaction of business, but a lesser
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1 number may adjourn from time to time. A meeting may be adjourned
2 from time to time. Unless otherwise provided in this act, an
3 action shall not be taken by the board except by a majority vote
4 of A QUORUM OF its members. In the event of the adjournment of
5 a hearing, it shall not be necessary to advertise IF A HEARING
6 IS ADJOURNED, IT IS NOT NECESSARY TO GIVE NOTICE OF the adjourn-
7 ment of the hearing.
8 (3) All orders issued by the drainage board shall be signed
9 by the chairperson.
10 Sec. 466. Upon receipt of a petition as hereinbefore pro-
11 vided UNDER SECTION 463, the county drain commissioner shall call
12 the first meeting of the drainage board BY GIVING NOTICE OF THE
13 MEETING AS DESCRIBED IN SECTION 465. In the event there be no
14 board of county auditors or HOWEVER, IF THERE IS NO finance com-
15 mittee in the county, then notice to the chairman CHAIRPERSON
16 of the COUNTY board of supervisors COMMISSIONERS of such THE
17 county shall be deemed to be SERVE AS notice to the member of
18 the COUNTY board of supervisors COMMISSIONERS to be selected by
19 him THE CHAIRPERSON UNDER SECTION 464.
20 Sec. 467. (1) The drainage board, at its first meeting,
21 shall consider the petition for the project and make a tentative
22 determination as to the sufficiency of the petition and the prac-
23 ticability of the proposed drain, and shall further make a tenta-
24 tive determination of the public corporations to be assessed.
25 The drainage board shall give a name to the drain and to the
26 drainage district. The district shall be composed of the public
27 corporations to be assessed for the cost of the project.
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1 (2) After the drainage board has made MAKES the
2 determination, it shall fix a time, date, and place it will meet
3 to hear objections to the proposed drain and the petition for the
4 drain, and to the matter of assessing the cost of the drain to
5 the designated public corporations. Notice of the hearing shall
6 be published twice in the county by inserting the notice in at
7 least 1 newspaper published in the county, designated by the
8 drainage board, with the first publication to be not less than 20
9 days before the time of the hearing. The notice shall also be
10 sent by registered FIRST-CLASS mail to the clerk or secretary
11 of each public corporation proposed to be assessed, except that a
12 notice to the state shall be sent to the state highway director,
13 and a notice to a county shall be sent to both the county clerk
14 and the county road commission. The mailing shall be made not
15 less than 20 days before the time DATE of the hearing. The
16 notice shall be signed by the chairperson and proof of the publi-
17 cation and mailing of the notice shall be filed in his or her
18 office. The drainage board may provide a form to be substan-
19 tially followed in the giving of the notice.
20 (3) After the hearing, the drainage board shall make a
21 determination as to the sufficiency of the petition, the practi-
22 cability of the drain, whether the drain should be constructed,
23 and if so, the public corporations to be assessed, and shall
24 issue its order accordingly. The order shall be known as the
25 final order of determination. A public corporation shall not be
26 eliminated from, or added to, those tentatively determined to be
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1 assessed without a rehearing after notice AS PROVIDED IN
2 SUBSECTION (2).
3 Sec. 468. (1) The drainage board shall secure from a compe-
4 tent engineer, plans, specifications, and an estimate of cost of
5 the proposed drain, which, when approved and adopted by the
6 board, shall be filed with the chairman thereof CHAIRPERSON OF
7 THE BOARD. In approving the plans and specifications, the drain-
8 age board shall not be limited to the route of the drain
9 described in the petition or the final order of determination.
10 (2) The drainage board shall tentatively establish the per-
11 centage of the cost of the drain or of the several sections or
12 parts thereof which is to be borne by each public corporation.
13 In making the apportionments, hereunder, there shall be taken
14 into consideration THE DRAINAGE BOARD SHALL CONSIDER the bene-
15 fits to accrue to each public corporation and also the extent to
16 which each public corporation contributes to the conditions which
17 make the drain necessary. Apportionments against the state shall
18 be based upon the benefits and contributions as related
19 solely to the drainage of state highways, and those against the
20 county shall be based as ON BENEFITS related solely to the
21 drainage of its county highways. Before a tentative apportion-
22 ment shall be IS made, the drainage board shall designate the
23 area to be served by the drain project, which may or may not
24 include all of the area in a public corporation to be assessed
25 and may divide the drain into sections or parts for purposes of
26 apportionment or construction. Nothing herein contained shall
27 prohibit the county from assuming any THE COUNTY MAY ASSUME AN
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1 additional cost of the drain if BY THE VOTE OF 2/3 of the
2 members elect of the county board of commissioners. vote in
3 favor thereof.
4 (3) The apportionment shall only apply to the proposed drain
5 PROJECT. SEPARATE MAINTENANCE APPORTIONMENTS FOR THE DRAIN MAY
6 BE ESTABLISHED. The apportionments for any extensions or other
7 work subsequently performed under section 482 shall be reestab-
8 lished by the board. When chapter 25 is employed in the appor-
9 tionment of costs, the above
10 (4) THE proceedings shall IN THIS CHAPTER MAY be altered
11 and supplemented as provided in chapter 25.
12 Sec. 469. (1) After the tentative apportionments of cost
13 have been made, the drainage board shall set a time, date, and
14 place it will meet and hear objections to the apportionments.
15 Notice of the hearing shall be published twice in the county by
16 inserting the notice in at least 1 newspaper published in the
17 county, designated by the drainage board. , the THE first pub-
18 lication to SHALL be not less than 20 days before the time
19 DATE of the hearing. The notice shall also be sent by registered
20 mail to the clerk or secretary of each public corporation pro-
21 posed to be assessed. , except that HOWEVER, a notice to the
22 state shall be sent to the state highway director and a notice to
23 the county shall be sent both to the county clerk and the county
24 road commission. The mailing shall be made not less than 20 days
25 before the time DATE of THE hearing. The notice shall be
26 signed by the chairperson and proof of the publication and
27 mailing of the notice shall be filed in his or her office. The
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1 drainage board may provide a form to be substantially followed in
2 the giving of the notice. The notice shall include tentative
3 apportionments to the several public corporations.
4 (2) After the hearing, the drainage board may confirm the
5 apportionments as tentatively made, or if it considers the appor-
6 tionments to be inequitable, it shall readjust the
7 apportionments. If the readjustment involves the increasing of
8 an assessment and an increase shall IS not be consented to by
9 resolution of the governing body of the public corporation whose
10 assessment was increased, before any readjusted apportionments
11 are confirmed the drainage board shall set a time, date, and
12 place for a rehearing and shall give notice of the hearing as
13 PROVIDED in the first instance SUBSECTION (1). The notice
14 shall also set forth the apportionments as readjusted. After
15 confirmation, the drainage board shall issue its order setting
16 forth the several apportionments as confirmed. The order shall
17 be known as the final order of apportionment.
18 Sec. 470. The drainage board shall then proceed to secure
19 the necessary lands or rights of way for the proposed drain. If
20 the same LANDS OR RIGHTS OF WAY cannot be secured by negotia-
21 tion, then the drainage board may proceed under the provisions
22 of Act No. 149 of the Public Acts of 1911, as amended, being sec-
23 tions 213.21 to 213.41 of the Compiled Laws of 1948, or under the
24 applicable provisions of sections 75 to 84 of this act, and shall
25 be deemed to be a "state agency" as that term is used in said
26 act, or if CONDEMN THE PROPERTY IN THE MANNER PROVIDED IN THE
27 UNIFORM CONDEMNATION PROCEDURES ACT, 1980 PA 87, MCL 213.51 TO
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1 213.77. IF the project is one in which the federal government is
2 participating in any manner, then such THE lands or rights of
3 way may be acquired through proceedings brought by the federal
4 government under any appropriate federal act. In IF the
5 event lands or rights of way shall be ARE acquired through
6 proceedings under a federal act, then the amount of the awards in
7 such proceeding shall be deemed CONSIDERED to be a part of the
8 cost of the drain to the same extent as if the condemnation pro-
9 ceedings had been taken under the laws of this state.
10 Sec. 472. The county treasurer shall be the custodian of
11 the funds of the drainage district. He THE COUNTY TREASURER
12 may designate 1 or more of his OR HER deputies who may TO act
13 for him THE COUNTY TREASURER in the performance of any of his
14 OR HER duties under this section. The drainage board may require
15 the county treasurer and any deputy county treasurer so desig-
16 nated to furnish a bond payable to the drainage district, in
17 addition to any bond payable to the county, conditioned upon the
18 faithful discharge of his OR HER duties in respect to moneys
19 MONEY belonging to the drainage district. , the THE premium
20 thereon to ON THE BOND SHALL be paid by the drainage district.
21 Moneys MONEY held by said THE treasurer shall be paid out
22 only upon order of the drainage board, except that no such order
23 shall be IS required for the payment of principal and interest
24 on bonds.
25 Sec. 473. (1) After the confirmation of the apportionments
26 by the drainage board, the chairman of the board shall prepare a
27 special assessment roll assessing the estimated cost of the
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1 drain, or if the actual cost has been ascertained, then the
2 actual cost, against the several public corporations in accord-
3 ance with the confirmed apportionments. The drainage board may
4 provide for the payment of the special assessments in any number
5 of annual installments, not exceeding 30, but an installment
6 shall not be less than 1/4 of any subsequent installment. The
7 drainage board shall fix the commencement date of interest to be
8 paid upon unpaid installments, not to exceed an amount sufficient
9 to pay interest on bonds or other evidences of indebtedness
10 issued or to be issued by the drainage district, which interest
11 shall become due annually on the day and month upon which the
12 annual installments become due but may become due in years before
13 the due date of the first installment. The drainage board may
14 provide for the payment of installments in advance of their
15 respective due dates and may prescribe the terms and conditions
16 thereof FOR ADVANCE PAYMENTS. The drainage board shall fix the
17 date, not later than 4 years after confirmation on which the
18 first installment of special assessments shall become IS due
19 and payable so that each public corporation can make a tax levy
20 for the payment, and subsequent installments shall become ARE
21 due annually on the same day and month of subsequent years.
22 When IF chapter 25 is employed in the apportionment of costs,
23 the above proceedings shall be altered and supplemented as pro-
24 vided in chapter 25.
25 (2) THE COST OF ANY DRAIN PROJECT SHALL INCLUDE ALL OF THE
26 FOLLOWING:
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1 (A) THE COST OF CONSTRUCTING OR ACQUIRING THE FACILITIES,
2 STRUCTURES, DEVICES, AND EQUIPMENT REQUIRED TO LOCATE, ESTABLISH,
3 AND CONSTRUCT THE DRAIN OR TO IMPROVE OR SUPPLEMENT THE SAME,
4 INCLUDING BRIDGES AND CULVERTS AND ANY LANDS OR RIGHTS-OF-WAY
5 NECESSARY THERETO.
6 (B) THE ADMINISTRATIVE AND OTHER EXPENSES OF THE DRAINAGE
7 BOARD INCLUDING THE COST OF SERVICE AND PUBLICATION OF ALL
8 NOTICES.
9 (C) ALL ENGINEERING, LEGAL, AND OTHER PROFESSIONAL FEES.
10 (D) INTEREST ON BONDS FOR THE FIRST YEAR, IF BONDS ARE TO BE
11 ISSUED, AND INTEREST ON MONEY ADVANCED PURSUANT TO SECTION 479.
12 (E) AN AMOUNT NOT EXCEEDING 15% OF THE GROSS SUM TO COVER
13 CONTINGENT EXPENSES.
14 Sec. 474. (1) The special assessment roll shall contain ALL
15 OF the FOLLOWING:
16 (A) THE name of each public corporation assessed. , the
17 (B) THE total estimated cost of the project, or THE actual
18 cost if the same ACTUAL COST has been ascertained at BY the
19 time of the preparation of the roll. , the
20 (C) THE percentage apportioned to each public corporation.
21 , the
22 (D) THE PRINCIPAL amount of the assessment against each
23 public corporation BASED ON THE PERCENTAGE OF APPORTIONMENT.
24 (E) THE INTEREST PORTION OF THE ASSESSMENT SUFFICIENT TO PAY
25 THE INTEREST ON BONDS OR OTHER EVIDENCE OF INDEBTEDNESS based
26 upon the percentage of apportionment. , and the
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1 (F) THE amount of each installment if the assessment is
2 divided into annual installments.
3 (G) THE DUE DATE OF EACH INSTALLMENT.
4 (2) After the special assessment roll has been prepared, it
5 shall be presented to the drainage board for approval. When the
6 roll has been approved, then a statement to that effect, signed
7 by the chairman CHAIRPERSON of the drainage board, shall be
8 affixed to the roll setting forth the date of approval. The
9 chairman CHAIRPERSON of the drainage board shall then certify
10 to each public corporation assessed the amount of the total
11 assessment against it, the amount of the various installments if
12 the assessment is divided into installments, the due date of each
13 installment, and the rate of interest upon installments from time
14 to time unpaid. The chairman each EACH year, at least 30 days
15 before the time of the levying of taxes by each public corpora-
16 tion, THE CHAIRPERSON OF THE DRAINAGE BOARD shall notify it THE
17 PUBLIC CORPORATION of the amount of the installment and interest
18 next becoming due, but the failure to notify a public corporation
19 shall not excuse it from making payment of the installment and
20 interest.
21 (3) On or before the due date of an installment, each public
22 corporation shall pay to the county treasurer the full amount
23 thereof, together with interest accruing to the due date.
24 (4) If a public corporation fails or neglects to account to
25 the county treasurer for the amount of an installment and inter-
26 est, then the county treasurer shall advance the amount thereof
27 from county funds if bonds or other evidences of indebtedness
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1 have been issued to finance the project , in anticipation of
2 the collection of the installment and interest pursuant to this
3 chapter and IF the county board of commissioners has previously
4 acted, by a resolution adopted by a 2/3 vote of its members
5 elect, to pledge the full faith and credit of the county for the
6 prompt payment of the principal of and interest on the bonds or
7 evidences of indebtedness.
8 (5) The county treasurer shall immediately notify the public
9 corporation of the amount advanced by the county on account of
10 the default by the public corporation in paying the installment
11 and interest assessed against it. The county treasurer shall
12 also notify the state treasurer, or other appropriate disbursing
13 official, who shall deduct the amount from moneys MONEY in his
14 OR HER possession belonging to the public corporation which are
15 THAT IS not pledged to the payment of debts, but the state trea-
16 surer or other official shall not withhold in any 1 year a sum
17 greater than 25% of the total amount owed by the delinquent
18 public corporation as stated in the notice from the county
19 treasurer. Nothing in this THIS section shall DOES NOT
20 permit the deduction of moneys MONEY in contravention of the
21 state constitution of 1963.
22 (6) The county board of commissioners of a county which has
23 advanced money for a public corporation and which has not been
24 reimbursed therefor, may order the public corporation and its
25 officers to levy upon its next tax roll an amount sufficient to
26 make the reimbursement on or before the date when its taxes
27 become delinquent. ; and the THE public corporation and its tax
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1 levying and collecting officials shall levy and collect those
2 taxes and reimburse the county. The foregoing shall THIS SUB-
3 SECTION DOES not prevent PROHIBIT the county from obtaining
4 reimbursement by any other legal method.
5 (7) Assessments against the state shall be certified to the
6 state highway commission and paid from state highway funds. The
7 tax levying officials of each of the other public corporations
8 assessed shall levy sufficient taxes to pay assessment install-
9 ments and interest as the same become due unless there has been
10 set aside moneys MONEY sufficient therefor. A city or village
11 may elect to spread the tax levy upon the county tax roll instead
12 of the city or village tax roll. If a special assessment roll is
13 prepared upon the basis of the estimated cost of the project,
14 then after the actual cost has been ascertained and determined by
15 the drainage board, the special assessments and the installments
16 thereof shall be corrected by adding any deficiency or deducting
17 any excess. The drainage board may order the corrections to be
18 made upon the original roll or may order that a new corrected
19 roll or a supplemental roll be prepared and submitted for
20 approval by the drainage board. When chapter 25 is employed in
21 the apportionment of costs, the above THE proceedings shall IN
22 THIS SECTION MAY be altered and supplemented as provided in
23 chapter 25.
24 Sec. 478. (1) The drainage board for each project shall
25 continue in existence with such changes in personnel as shall
26 result from changes in the officers constituting the board
27 membership. It shall be responsible for the operation and
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1 maintenance of the drain. Any necessary expenses incurred in
2 administration and in the operation and maintenance of the drain
3 and not covered by contract shall be paid by the several public
4 corporations assessed for the cost of the drain. The assessments
5 shall be in the same proportion as the cost of the drain was
6 assessed unless the drainage board establishes a different pro-
7 portion for the assessments after notice and hearing as provided
8 in section 469.
9 (2) The drainage board, by resolution duly adopted by it,
10 may relinquish jurisdiction and control over all or any part of a
11 drain or drain project at any time when IF there is no out-
12 standing indebtedness or contract liability of its drainage dis-
13 trict, to the county, township, city, or village in which all or
14 the part of the drain or drain project is wholly located, if the
15 county, township, city, or village requests or consents to the
16 relinquishment of jurisdiction and control by resolution duly
17 adopted by its governing body. Indebtedness or contract liabil-
18 ity of any drainage district which will be paid in full at the
19 time of consummation of relinquishment of jurisdiction and con-
20 trol shall not be deemed CONSIDERED to be outstanding. If
21 relinquishment of jurisdiction and control is to a county, the
22 resolution of the governing body of the county shall specify the
23 county agency, such as board of public works, drain commissioner,
24 board of county road commissioners, or parks and recreation com-
25 mission, which shall be thereafter responsible for exercise of
26 such jurisdiction and control. Any moneys MONEY in the drain
27 fund of any drain, over all or any part of which jurisdiction and
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1 control is relinquished, shall be used to pay any indebtedness or
2 contract liability of its drainage district, and the balance
3 shall be turned over to the county, township, city, or village to
4 be used solely with respect to the drain, all or part thereof
5 OF THE DRAIN, over which jurisdiction and control is assumed.
6 (3) If the relinquishment of jurisdiction and control and
7 the turnover of drain fund relates to a part of a drain or drain
8 project, such THE relinquishment and turnover shall not become
9 effective until consented to by resolution of the governing body
10 of each public corporation which has paid a part of the cost of
11 the drain or drain project. , and for FOR this purpose, the
12 board of county road commissioners and the state highway
13 TRANSPORTATION commission shall be deemed CONSIDERED to be the
14 governing body BODIES for the county and the state.
15 Sec. 482. Any 1 or more county drains or any portion there-
16 of, now or hereafter existing, may be cleaned out, relocated,
17 widened, deepened, straightened, extended, tiled, CONSOLIDATED,
18 interconnected, or otherwise improved, or branches added or con-
19 nected thereto, when IF necessary for the public health, in the
20 same manner as a county drain may be located, established, and
21 constructed under this chapter, with such variations in the pro-
22 ceedings as may be necessary to make the same PROCEEDINGS
23 applicable. , and also the THE cost thereof OF THE PROJECT
24 may be financed in like manner. A project to improve county
25 drains may include backfilling and leveling any portion thereof
26 no longer needed after the improvements.
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1 Sec. 491. (1) A petition meeting the requirements of this
2 chapter as to petitioners, execution, and filing may request, for
3 reasons of public health, that jurisdiction be assumed over all
4 or a specified part of the bed, tributaries, banks, and flood
5 plains FLOODPLAINS of a river, creek, or watercourse, not part
6 of an established drain. The petition shall describe the exist-
7 ing or threatened conditions which cause or increase the danger
8 of flooding, pollution, desecration DAMAGE, or obstruction of
9 such THE river, creek, or watercourse, and shall specify, in
10 general terms, the works, property acquisition, actions, or
11 procedures, deemed STRUCTURAL OR NONSTRUCTURAL, CONSIDERED nec-
12 essary to remove or lessen such danger.
13 (2) THE PETITIONERS NAMED IN A PETITION UNDER SUBSECTION (1)
14 SHALL INCLUDE IN THE PETITION AN AGREEMENT TO PAY, OR ACCOMPANY
15 THE PETITION WITH A DEPOSIT IN THE AMOUNT OF, THE ESTIMATED COST
16 OF THE PLANNING AND ENGINEERING REQUIRED TO DESCRIBE ALL OF THE
17 FOLLOWING:
18 (A) IN RECORDABLE FORM, THE BED, TRIBUTARIES, BANKS, AND
19 FLOODPLAINS OF THE RIVER, CREEK, OR WATERCOURSE OVER WHICH JURIS-
20 DICTION IS NECESSARY AND IS TO BE ASSUMED UNDER THE PETITION.
21 (B) THE WORK TO BE DONE UNDER THE PETITION.
22 (C) THE PROPERTY TO BE ACQUIRED UNDER THE PETITION.
23 (3) UPON THE FILING OF THE PETITION WITH THE AGREEMENT OR
24 DEPOSIT TO PAY COSTS, THE DRAINAGE BOARD SHALL PROCEED AS
25 DESCRIBED IN SECTIONS 466 AND 467. THE DESCRIPTION SHALL BE
26 OBTAINED AND APPROVED AND ADOPTED BY THE DRAINAGE BOARD. THE
27 DRAINAGE BOARD SHALL HOLD A HEARING TO HEAR OBJECTIONS TO THE
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1 ASSUMPTION OF SUCH JURISDICTION, TO THE PETITION THEREFOR AND TO
2 THE PROPOSED WORK OR PROPERTY ACQUISITION SHALL BE HELD AS PRO-
3 VIDED FOR OTHER DRAIN PROJECTS PURSUANT TO THIS CHAPTER. NOTICE
4 OF THE HEARING SHALL CONTAIN THE DESCRIPTION AS APPROVED AND
5 ADOPTED BY THE DRAINAGE BOARD.
6 (4) AFTER THE HEARING, THE DRAINAGE BOARD SHALL DETERMINE
7 WHETHER OR NOT IT WILL ASSUME JURISDICTION AND PERFORM THE WORK
8 PROPOSED, IF ANY, AND SHALL ISSUE ITS ORDER ACCORDINGLY. THE
9 ORDER SHALL BE KNOWN AS THE "FINAL ORDER OF DETERMINATION". THE
10 FINAL ORDER OF DETERMINATION SHALL CONTAIN THE DESCRIPTION OF THE
11 BED, TRIBUTARIES, BANKS, AND FLOODPLAINS OF THE RIVER, CREEK, OR
12 WATERCOURSE OVER WHICH JURISDICTION HAS BEEN ASSUMED AND SHALL BE
13 RECORDED IN THE COUNTY RECORDS IN THE COUNTY IN WHICH ANY PART
14 THEREOF IS LOCATED. AFTER THE FINAL ORDER OF DETERMINATION IS
15 RECORDED, NO CONSTRUCTING, EXCAVATING, LAND FILLING, REMOVING OF
16 STRUCTURES OR VEGETATION, DUMPING, OR DISCHARGING OF SEWERS OR
17 DRAINS SHALL BE PERMITTED OR CONTINUED IN THE BED, TRIBUTARIES,
18 BANKS, OR FLOODPLAINS OF THE RIVER, CREEK, OR WATERCOURSE WITHIN
19 THE RECORDED DESCRIPTION THEREOF, EXCEPT UPON WRITTEN ORDER OR
20 PERMIT ISSUED BY THE DRAINAGE BOARD.
21 (5) THE RECORDING OF THE DESCRIPTION DOES NOT APPROPRIATE,
22 TERMINATE, OR LESSEN ANY PRIVATE RIGHTS IN PROPERTY, REAL OR PER-
23 SONAL, EXCEPT SUCH AS SHALL BE VOLUNTARILY RELEASED BY WRITTEN
24 AGREEMENT OR CONVEYANCE OR AS SHALL BE CONDEMNED AS PROVIDED IN
25 THIS CHAPTER, OR PURSUANT TO APPLICABLE LAW. THE RECORDING OF
26 THE DESCRIPTION CONSTITUTES A REGULATION AND LIMITATION, FOR
27 REASONS OF PUBLIC HEALTH, OF THE USE OF THE PUBLIC AND PRIVATE
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1 PROPERTY THEREIN DESCRIBED TO REMOVE OR LESSEN THE DANGER OF
2 FLOODING, POLLUTION, DAMAGE, OR OBSTRUCTION OF THE RIVER, CREEK,
3 OR WATERCOURSE, OR PART THEREOF, INVOLVED.
4 (6) BEFORE ANY WORK, OTHER THAN PREPARATION OF THE DESCRIP-
5 TION AND THE APPROVAL, ADOPTION, AND RECORDING OF THE DESCRIP-
6 TION, IS DONE OR RIGHTS IN OR OWNERSHIP OF PROPERTY IS ACQUIRED
7 BY THE DRAINAGE BOARD, PURSUANT TO A PETITION UNDER SUBSECTION
8 (1), THE DRAINAGE BOARD SHALL MAKE A DETERMINATION, FOLLOWING
9 NOTICE AND A HEARING AS PROVIDED IN THIS CHAPTER, AS TO THE
10 PUBLIC CORPORATIONS TO BE ASSESSED FOR THE COST OF THE WORK OR
11 ACQUISITION. THE HEARING MAY BE THE SAME HEARING PROVIDED FOR IN
12 SUBSECTION (2). AFTER THE HEARING AND THE DETERMINATION TO PRO-
13 CEED WITH THE WORK, THE DRAINAGE BOARD SHALL PROCEED IN THE SAME
14 MANNER AND HAVE THE SAME POWERS AND DUTIES AS ARE PROVIDED FOR
15 OTHER DRAIN PROJECTS IN THIS CHAPTER.
16 Sec. 513. (1) Before filing a petition under this section,
17 the legislative body of a public corporation shall first deter-
18 mine whether the drain project contemplated may necessitate the
19 levy of a special assessment, fee, or charge under section 539.
20 If the legislative body determines that a special assessment,
21 fee, or charge may be made under section 539, before filing a
22 petition under this section, the legislative body shall proceed
23 as prescribed in section 538a.
24 (1) (2) If it is necessary for the public health to
25 locate, establish, and construct an intercounty drain, a petition
26 for that purpose may be filed with the director of the department
27 of agriculture signed by 2 1 or more public corporations which
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1 will be subject to assessments to pay the cost of the drain. The
2 petition shall state that it is filed pursuant to this chapter
3 and shall describe the location and route of the proposed drain
4 sufficiently to determine with reasonable certainty the areas to
5 be serviced by the drain.
6 (2) (3) Not more than 20 days after the petition is filed,
7 the director of the department of agriculture shall notify all
8 public corporations in which any of the areas to be drained are
9 located, as described in the petition, that a petition has been
10 filed which may affect drainage in the public corporation.
11 (3) (4) A certified copy of the resolution of the govern-
12 ing body of each signer authorizing the affixing of the signature
13 of the governing body to the petition shall be attached to the
14 petition. The petition may be filed in more than 1 counterpart.
15 For a petition filed by a county, the county board of commission-
16 ers shall authorize the execution, and for a petition filed by
17 the state, the state transportation commission shall authorize
18 the execution of the petition. As provided in section 423, an
19 order of determination of the water resources commission
20 DEPARTMENT OF ENVIRONMENTAL QUALITY shall also serve as a peti-
21 tion made pursuant to this chapter.
22 Sec. 515. There is created for each project petitioned for
23 under the provisions of this chapter, an augmented drainage
24 board to consist of the members of the drainage board together
25 with the chairman CHAIRPERSON of the COUNTY board of
26 supervisors COMMISSIONERS OR A MEMBER OF THE COUNTY BOARD OF
27 COMMISSIONERS APPOINTED BY THAT CHAIRPERSON and the chairman of
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1 the board of county auditors of each county involved. If there
2 is no board of county auditors in any county, then the chairman
3 CHAIRPERSON of the finance committee of the COUNTY board of
4 supervisors shall act as a member of the augmented drainage
5 board, and if COMMISSIONERS OR A MEMBER OF THE COUNTY BOARD OF
6 COMMISSIONERS APPOINTED BY THAT CHAIRPERSON IF there is neither
7 a board of county auditors nor NO finance committee, then the
8 chairman CHAIRPERSON of the COUNTY board of supervisors
9 COMMISSIONERS shall select 1 member of the COUNTY board of
10 supervisors COMMISSIONERS of his OR HER county to act as a
11 member of the augmented drainage board. The chairman FOR
12 ATTENDANCE AT AUGMENTED DRAINAGE BOARD MEETINGS, THE CHAIRPERSON
13 and secretary of the drainage board shall act as chairman
14 CHAIRPERSON and secretary, respectively, of the augmented drain-
15 age board. The chairman CHAIRPERSON of the COUNTY board of
16 supervisors COMMISSIONERS and any member of a THE COUNTY
17 board of supervisors COMMISSIONERS, serving on the augmented
18 drainage board, shall receive such compensation, mileage, and
19 expenses as shall be provided, by the augmented drainage board
20 except that such compensation shall not exceed $25.00 per diem
21 exclusive of mileage and expenses for attendance at augmented
22 drainage board meetings WHICH SHALL BE DETERMINED AS PROVIDED IN
23 SECTION 72 FOR MEMBERS OF A BOARD OF DETERMINATION.
24 Sec. 517. Upon receipt of a petition as hereinbefore
25 provided UNDER SECTION 513, the director of agriculture shall
26 make a preliminary finding of the counties which, in his OR HER
27 opinion, include public corporations that should be assessed
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1 under the provisions of this chapter for the cost of the
2 proposed drain. Upon the making of such preliminary finding,
3 the THE director of agriculture shall THEN give notice of the
4 time and place of the first meeting of the drainage board and of
5 the first meeting of the augmented drainage board, by sending a
6 copy of such THE notice and of such THE preliminary finding
7 by registered FIRST-CLASS mail to each member thereof, and to
8 each highway agency having jurisdiction over any highway, road,
9 and street in said THE district. , which THE notice and find-
10 ing shall be mailed not less than 10 days prior to BEFORE the
11 time DATE of the meeting. In the event IF there be IS no
12 board of county auditors or finance committee in any THE
13 county, involved, then notice to the chairman CHAIRPERSON of
14 the COUNTY board of supervisors COMMISSIONERS of such THE
15 county shall be deemed to be SERVE AS notice to the member of
16 the COUNTY board of supervisors COMMISSIONERS to be selected by
17 him THE CHAIRPERSON UNDER SECTION 515. The drainage board
18 shall meet first , for the purpose of selecting TO SELECT a
19 secretary. Upon the selection of a secretary, the director of
20 agriculture shall turn over to such THE secretary the original
21 petition and any other records in his OR HER office pertaining to
22 the proposed drain.
23 Sec. 518. (1) Meetings of the drainage board, or of the
24 augmented drainage board, may be called by the chairperson or 2
25 members of the board, on notice sent by registered FIRST-CLASS
26 mail to each member. The notice shall be mailed not less than 10
27 days before the time DATE of the meeting.
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1 (2) A majority of the members of the board shall
2 constitute a quorum for the transaction of business, but a lesser
3 number may adjourn from time to time. A meeting may be adjourned
4 from time to time. Unless otherwise provided herein, an action
5 shall not be taken by either of the boards except by a majority
6 vote of A QUORUM OF its members.
7 (3) All orders issued by either the drainage board, or the
8 augmented drainage board, shall be signed by the chairperson and
9 secretary.
10 Sec. 520. (1) The drainage board shall proceed to secure
11 from a competent engineer, plans, specifications, and an estimate
12 of cost of the proposed drain, which when approved and adopted by
13 the board shall be filed with the secretary thereof OF THE
14 BOARD. In approving the plans and specifications, the drainage
15 board shall not be limited to the route of the drain described in
16 the petition or the final order of determination.
17 (2) The drainage board shall tentatively establish the per-
18 centage of the cost of the drain or of the several sections or
19 parts thereof which is to be borne by public corporations in each
20 county affected and by the state on account of any state highway,
21 and by the county on account of any county highway. The percen-
22 tage of the cost apportioned to public corporations in each
23 county shall then be apportioned by the drain commissioner among
24 public corporations to be assessed in the county, which determi-
25 nation shall be filed with the secretary of the drainage board.
26 In making the apportionments, hereunder, there shall be taken
27 into consideration the benefits to accrue to each public
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1 corporation and also the extent to which each public corporation
2 contributes to the conditions which make the drain necessary.
3 Apportionments against the state shall be based upon the benefits
4 and contributions as related solely to the drainage of state
5 highways, and those against the county shall be based as related
6 solely to the drainage of its county highways. Before a tenta-
7 tive apportionment shall be IS made, the drainage board shall
8 designate the area to be served by the drain project, which may
9 or may not include all of the area in a public corporation to be
10 assessed, and may divide the drain into sections or parts for
11 purposes of apportionment or construction. Nothing herein con-
12 tained shall prohibit a THE county from assuming any MAY
13 ASSUME AN additional cost of the drain if BY THE VOTE OF 2/3 of
14 the members elect of the county board of commissioners. vote in
15 favor thereof.
16 (3) The apportionment shall apply only to the proposed drain
17 PROJECT, AND SEPARATE MAINTENANCE APPORTIONMENTS FOR THE DRAIN
18 MAY BE ESTABLISHED. The apportionments for extensions or other
19 work subsequently performed under section 535 shall be reestab-
20 lished by the board. When chapter 25 is employed in the appor-
21 tionment of costs, the above
22 (4) THE proceedings shall IN THIS SECTION MAY be altered
23 and supplemented as provided in chapter 25.
24 Sec. 521. (1) After the tentative apportionments of cost
25 have been made, the drainage board shall set a time, date, and
26 place it will meet and hear objections to the apportionments.
27 Notice of the hearing shall be published twice in each county
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1 involved by inserting the notice in at least 1 newspaper
2 published in the county, designated by the drainage board. The
3 first publication is to SHALL be not less than 20 days before
4 the time DATE of THE hearing. The notice shall also be sent by
5 registered mail to the clerk or secretary of each public corpora-
6 tion proposed to be assessed. , except that HOWEVER, a notice
7 to the state shall be sent to the state highway director
8 TRANSPORTATION COMMISSION and a notice to a county shall be sent
9 both to the county clerk and the county road commission. The
10 mailing shall be made not less than 20 days before the time
11 DATE of THE hearing. The notice shall be signed by the secretary
12 and proof of the publication and mailing of the notice shall be
13 filed with the secretary. The drainage board may provide a form
14 to be substantially followed in the giving of the notice. The
15 notice shall include tentative apportionments to the several
16 public corporations.
17 (2) After the hearing, the drainage board may confirm the
18 apportionments as tentatively made, or, if it considers the
19 apportionments to be inequitable, it shall readjust the
20 apportionments. Before readjusted apportionments are confirmed,
21 the drainage board shall set a time, date, and place for a
22 rehearing and shall give notice of the hearing AS PROVIDED IN
23 SUBSECTION (1). The notice shall also set forth the apportion-
24 ments as readjusted. It shall then issue its order setting forth
25 the several apportionments as confirmed. The order shall be
26 known as the final order of apportionment.
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1 Sec. 522. The drainage board shall then proceed to secure
2 the necessary lands or rights of way for the proposed drain. If
3 the same LANDS OR RIGHTS OF WAY cannot be secured by negotia-
4 tion, then the drainage board may proceed under the provisions
5 of Act No. 149 of the Public Acts of 1911, as amended, being sec-
6 tions 213.21 to 213.41 of the Compiled Laws of 1948, or under the
7 applicable provisions of sections 75 to 84 of this act, and shall
8 be deemed to be a "state agency" as that term is used in said
9 act, or if CONDEMN THE PROPERTY IN THE MANNER PROVIDED IN THE
10 UNIFORM CONDEMNATION PROCEDURES ACT, 1980 PA 87, MCL 213.51 TO
11 213.77. IF the project is one in which the federal government is
12 participating in any manner, then such THE lands or rights of
13 way may be acquired through proceedings brought by the federal
14 government under any appropriate federal act. No such condemna-
15 tion proceedings involving highways shall be effective to take
16 title thereto without a prior agreement with the highway agency
17 involved. In the event that IF lands or rights of way shall
18 be ARE acquired through proceedings under a federal act, then
19 the amount of the awards in such proceedings shall be deemed
20 CONSIDERED to be a part of the cost of the drain to the same
21 extent as if the condemnation proceedings had been taken under
22 the laws of this state.
23 SEC. 524A. (1) AFTER THE CONFIRMATION OF THE APPORTIONMENTS
24 BY THE DRAINAGE BOARD, THE CHAIRPERSON OF THE BOARD SHALL PREPARE
25 THE ESTIMATED COST OF ALL OF THE EXPENSES OF THE DRAIN PROJECT,
26 OR IF THE ACTUAL COST HAS BEEN ASCERTAINED, THEN THE ACTUAL
27 COST.
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1 (2) THE COST OF A DRAIN PROJECT SHALL INCLUDE ALL OF THE
2 FOLLOWING:
3 (A) THE COST OF CONSTRUCTING OR ACQUIRING THE FACILITIES,
4 STRUCTURES, DEVICES, AND EQUIPMENT REQUIRED TO LOCATE, ESTABLISH,
5 AND CONSTRUCT THE DRAIN OR TO IMPROVE OR SUPPLEMENT THE SAME,
6 INCLUDING BRIDGES AND CULVERTS AND ANY LANDS OR RIGHTS OF WAY
7 NECESSARY FOR BRIDGES OR CULVERTS.
8 (B) THE ADMINISTRATIVE AND OTHER EXPENSES OF THE DRAINAGE
9 BOARD AND AUGMENTED DRAINAGE BOARD INCLUDING THE COST OF SERVICE
10 AND PUBLICATION OF ALL NOTICES.
11 (C) ENGINEERING, LEGAL, AND OTHER PROFESSIONAL FEES.
12 (D) INTEREST ON BONDS FOR THE FIRST YEAR, IF BONDS ARE TO BE
13 ISSUED, AND INTEREST ON MONEY ADVANCED PURSUANT TO SECTION 531.
14 (E) AN AMOUNT NOT EXCEEDING 10% OF THE GROSS SUM TO COVER
15 CONTINGENT EXPENSES.
16 Sec. 525. (1) After the confirmation of the apportionments
17 by the drainage board AND THE PREPARATION OF THE COMPUTATION OF
18 COSTS BY THE CHAIRPERSON OF THE DRAINAGE BOARD, the secretary of
19 the board shall prepare a special assessment roll SCHEDULE
20 assessing the estimated cost of the drain, or if the actual cost
21 has been ascertained, then the actual cost, AND ANY INTEREST ON
22 BONDS OR OTHER EVIDENCE OF INDEBTEDNESS against the several
23 public corporations in accordance with the confirmed
24 apportionments. THE DRAINAGE BOARD SHALL FIX A DATE, NOT LATER
25 THAN 4 YEARS AFTER CONFIRMATION, FOR THE PAYMENT OF THE FIRST
26 INSTALLMENT SO THAT EACH PUBLIC CORPORATION CAN MAKE A TAX LEVY
27 FOR THE PAYMENT OF THE INSTALLMENT. SUBSEQUENT INSTALLMENTS
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1 SHALL BECOME DUE ANNUALLY ON THE SAME DAY AND MONTH OF SUBSEQUENT
2 YEARS. A CITY OR VILLAGE MAY ELECT TO SPREAD THE TAX LEVY UPON
3 THE COUNTY TAX ROLL INSTEAD OF THE CITY OR VILLAGE TAX ROLL.
4 (2) The drainage board may provide for the payment of the
5 special assessments in any number of annual installments, not
6 exceeding 30, but an installment shall not be less than 1/4 of
7 any subsequent installment. Installments of assessments against
8 the state and against public corporations which collect their
9 taxes beginning approximately December 1 in each year shall
10 become due and payable on or before April 1 of each year.
11 Installments of assessments against other public corporations
12 shall become due and payable on or before the dates as shall be
13 fixed by the drainage board, depending upon the times of the col-
14 lection of taxes by the public corporations. The drainage board
15 shall fix the commencement date of interest to be paid upon
16 unpaid installments, not to exceed an amount sufficient to pay
17 interest on bonds or other evidences of indebtedness issued or to
18 be issued by the drainage district. , which THE interest shall
19 become due annually on the day and month upon which the annual
20 installments become due but may become due in years before the
21 due date of the first installment. The drainage board may pro-
22 vide for the payment of installments in advance of their respec-
23 tive due dates and may prescribe the terms and conditions of
24 payment. The drainage board shall fix the date, not later than
25 4 years after confirmation for the payment of the first install-
26 ment so that each public corporation can make a tax levy for the
27 payment thereof and subsequent installments shall become due
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1 annually on the same day and month of subsequent years. A city
2 or village may elect to spread the tax levy upon the county tax
3 roll instead of the city or village tax roll. When chapter 25 is
4 employed in the apportionment of costs, the above proceedings
5 shall
6 (3) THE PROCEEDINGS IN THIS CHAPTER MAY be altered and sup-
7 plemented as provided in chapter 25.
8 Sec. 526. (1) The special assessment roll SCHEDULE shall
9 contain ALL OF the FOLLOWING:
10 (A) THE name of each public corporation assessed. , the
11 (B) THE total estimated cost of the project, or THE actual
12 cost if the same ACTUAL COST has been ascertained at BY the
13 time of the preparation of the roll. , the
14 (C) THE percentage apportioned to each public corporation.
15 , the
16 (D) THE PRINCIPAL amount of the assessment against each
17 public corporation based upon the percentage of apportionment. ,
18 and the
19 (E) THE INTEREST PORTION OF THE ASSESSMENT SUFFICIENT TO PAY
20 THE INTEREST ON BONDS OR OTHER EVIDENCES OF INDEBTEDNESS BASED ON
21 THE PERCENTAGE OF APPORTIONMENT.
22 (F) THE amount of each installment if the assessment is
23 divided into annual installments.
24 (G) THE DUE DATE OF EACH INSTALLMENT.
25 (2) After the special assessment roll SCHEDULE has been
26 prepared, it shall be presented to the drainage board for
27 approval. When the roll SCHEDULE has been approved, then a
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1 statement to that effect signed by the chairman CHAIRPERSON and
2 secretary of the drainage board shall be affixed to the roll
3 SCHEDULE setting forth the date of approval. The chairman
4 CHAIRPERSON of the drainage board shall then certify to each
5 public corporation assessed, the amount of the total assessment
6 against it, the amount of the various installments if the assess-
7 ment is divided into installments, the due date of each install-
8 ment, and the rate of interest upon installments from time to
9 time unpaid ASSESSMENT INFORMATION DESIGNATED IN THE ASSESSMENT
10 SCHEDULE. The chairman each EACH year, at least 30 days before
11 the time of the levying of taxes by each public corporation, THE
12 SECRETARY OF THE DRAINAGE BOARD shall notify it THE PUBLIC
13 CORPORATION of the amount of the installment and interest next
14 becoming due, but the failure to notify a public corporation
15 shall not excuse it from making payment of the installment and
16 interest. On or
17 (3) A MINIMUM OF 2 DAYS before the due date of an install-
18 ment, each public corporation shall pay to its county treasurer
19 the full amount together with interest accruing to the due date,
20 and within 15 5 days thereafter the county treasurer shall for-
21 ward the amount paid to the county treasurer acting as treasurer
22 for the drainage board.
23 (4) If a public corporation fails or neglects to account to
24 the county treasurer for the amount of an installment and inter-
25 est, then the county treasurer shall advance the amount thereof
26 from county funds. If bonds or other evidences of indebtedness
27 have been issued to finance the project in anticipation of the
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1 collection of the installment and interest pursuant to this
2 chapter and the county board of commissioners has previously
3 acted, by a resolution adopted by a 2/3 vote of its members elect
4 to pledge the full faith and credit of the county for the prompt
5 payment of the principal of and interest on the bonds or evi-
6 dences of indebtedness, the county treasurer shall immediately
7 notify the public corporation of the amount advanced by the
8 county on account of the default by the public corporation in
9 paying the installment and interest assessed against it. The
10 county treasurer shall also notify the state treasurer, or other
11 appropriate disbursing official, who shall deduct the amount from
12 moneys MONEY in his OR HER possession belonging to the public
13 corporation which are THAT IS not pledged to the payment of
14 debts, but the state treasurer or other official shall not with-
15 hold in any 1 year a sum greater than 25% of the total amount
16 owed by the delinquent public corporation as stated in the notice
17 from the county treasurer. Nothing in this THIS section
18 shall DOES NOT permit the deduction of moneys MONEY in
19 contravention of the state constitution of 1963.
20 (5) The county board of commissioners of a county which has
21 advanced money for a public corporation, and which has not been
22 reimbursed therefor, may order the public corporation and its
23 officers to levy upon its next roll an amount sufficient to make
24 the reimbursement on or before the date when its taxes become
25 delinquent. ; and the THE public corporation and its tax levy-
26 ing and collecting officials shall levy and collect those taxes
27 and reimburse the county. The foregoing shall THIS SUBSECTION
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1 DOES not prevent PROHIBIT the county from obtaining
2 reimbursement by any other legal method. Assessments against the
3 state shall be certified to the state highway TRANSPORTATION
4 commission and paid from state highway funds. The tax levying
5 officials of each of the other public corporations assessed shall
6 levy sufficient taxes to pay assessment installments and interest
7 as the same become due unless there has been set aside money suf-
8 ficient therefor. If a special assessment roll SCHEDULE is
9 prepared upon the basis of the estimated cost of the project,
10 then after the actual cost has been ascertained and determined by
11 the drainage board, the special assessments and the installments
12 thereof shall be corrected by adding any deficiency or deducting
13 any excess. The drainage board may order the corrections to be
14 made upon the original roll SCHEDULE or may order that a new
15 corrected roll SCHEDULE be prepared and submitted for approval
16 by the drainage board. When chapter 25 is employed in the
17 apportionment of costs, the above THE proceedings shall IN
18 THIS CHAPTER MAY be altered and supplemented as provided in chap-
19 ter 25.
20 Sec. 530. (1) The drainage board for each project shall
21 continue in existence with such changes in personnel as shall
22 result from changes in the offices of director of agriculture and
23 drain commissioners. It shall be responsible for the operation
24 and maintenance of the drain. Any necessary expenses incurred in
25 administration and in the operation and maintenance of the drain
26 and not covered by contract shall be paid by the several public
27 corporations assessed for the cost of the drain. The assessments
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1 shall be in the same proportion as the cost of the drain was
2 assessed unless the drainage board establishes a different pro-
3 portion for the assessments after notice and hearing as provided
4 in section 521.
5 (2) The drainage board, by resolution duly adopted by it,
6 may relinquish jurisdiction and control over any part of a drain
7 or drain project at any time when IF there is no outstanding
8 indebtedness or contract liability of its drainage district, to
9 the county, township, city, or village in which the part of the
10 drain or drain project is wholly located, if the county, town-
11 ship, city, or village requests or consents to the relinquishment
12 of jurisdiction and control by resolution duly adopted by its
13 governing body. Indebtedness or contract liability of any drain-
14 age district which will be paid in full at the time of consumma-
15 tion of relinquishment of jurisdiction and control shall not be
16 deemed CONSIDERED to be outstanding. If relinquishment of
17 jurisdiction and control is to a county, the resolution of the
18 governing body of the county shall specify the county agency,
19 such as board of public works, drain commissioner, board of
20 county road commissioners, or parks and recreation commission,
21 which shall be thereafter responsible for exercise of such juris-
22 diction and control. Any moneys MONEY in the drain fund of any
23 drain, over any part of which jurisdiction and control is relin-
24 quished, shall be used to pay any indebtedness or contract
25 liability of its drainage district, and the balance shall be
26 turned over to the county, township, city, or village to be used
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1 solely with respect to the drain, all or part thereof OF THE
2 DRAIN, over which jurisdiction and control is assumed.
3 (3) If the relinquishment of jurisdiction and control and
4 the turnover of drain fund relates to a part of a drain or drain
5 project, such THE relinquishment and turnover shall not become
6 effective until consented to by resolution of the governing body
7 of each public corporation which has paid a part of the cost of
8 the drain or drain project. , and for FOR this purpose, the
9 board of county road commissioners and the state highway
10 TRANSPORTATION commission shall be deemed CONSIDERED to be the
11 governing body BODIES for the county and the state.
12 Sec. 534. The director of agriculture may designate a
13 deputy or an assistant to act in his OR HER stead in respect to
14 the performance of his OR HER duties under this act. Where IF
15 any deputy or assistant so acts, it shall be conclusively pre-
16 sumed that he OR SHE was properly designated by the director of
17 agriculture. Any official proceedings may be signed by such
18 THE deputy or assistant in his OR HER own name. The signature of
19 such THE deputy or assistant shall be followed by his OR HER
20 official title. Where IF a deputy or assistant has been desig-
21 nated by the director of agriculture to act in his OR HER stead
22 in connection with all the proceedings as to any project, then
23 any notice required to be served upon or mailed to the director
24 of agriculture may be served upon or mailed to such deputy or
25 assistant. The director of agriculture is hereby empowered to
26 MAY appoint a deputy who shall have power to act in his OR HER
27 place under any and all circumstances in respect to matters
01117'97
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1 within the scope of this act, irrespective of whether or not he
2 OR SHE is authorized to appoint a general deputy. ALL EXPENSES
3 FOR THE DIRECTOR OR DEPUTY ACTING IN HIS OR HER STEAD SHALL BE
4 PAID BY THE MICHIGAN DEPARTMENT OF AGRICULTURE.
5 Sec. 540. When IF 2 or more public corporations, consti-
6 tuting as a whole contiguous territory, are served by 1 or more
7 intercounty drains or by a combination of 1 or more intercounty
8 drains and 1 or more county drains, and it is necessary for the
9 public health to supplement such existing drain or drains by con-
10 structing 1 or more relief drains, which may consist of new
11 drains and branches and connections thereto or extensions,
12 enlargements, CONSOLIDATIONS, branches, connections, or improve-
13 ments described in section 535 to existing drains, or any combi-
14 nation thereof, then the entire project may be constructed and
15 financed as a whole under the provisions of this chapter and the
16 word "drain" shall be deemed to include INCLUDES such a
17 project.
18 Sec. 541. (1) A petition meeting the requirements of this
19 chapter as to petitioners, execution, and filing may request, for
20 reasons of public health, that jurisdiction be assumed over all
21 or a specified part of the bed, tributaries, banks, and flood
22 plains FLOODPLAINS of a river, creek, or watercourse, not part
23 of an established drain. The petition shall describe the exist-
24 ing or threatened conditions which cause or increase the danger
25 of flooding, pollution, desecration DAMAGE, or obstruction of
26 such river, creek, or watercourse, and shall specify, in general
27 terms, the works, property acquisition, actions, or procedures,
01117'97
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1 deemed STRUCTURAL OR NONSTRUCTURAL, CONSIDERED necessary to
2 remove or lessen such danger.
3 (2) THE PETITIONERS NAMED IN A PETITION UNDER SUBSECTION (1)
4 SHALL INCLUDE IN THE PETITION AN AGREEMENT TO PAY, OR ACCOMPANY
5 THE PETITION WITH A DEPOSIT IN THE AMOUNT OF, THE ESTIMATED COST
6 OF THE PLANNING AND ENGINEERING REQUIRED TO DESCRIBE ALL OF THE
7 FOLLOWING:
8 (A) IN RECORDABLE FORM THE BED, TRIBUTARIES, BANKS, AND
9 FLOODPLAINS OF THE RIVER, CREEK, OR WATERCOURSE OVER WHICH JURIS-
10 DICTION IS NECESSARY AND IS TO BE ASSUMED UNDER THE PETITION.
11 (B) THE WORK TO BE DONE UNDER THE PETITION.
12 (C) THE PROPERTY TO BE ACQUIRED UNDER THE PETITION.
13 (3) UPON THE FILING OF THE PETITION WITH THE AGREEMENT OR
14 DEPOSIT TO PAY COSTS, THE DRAINAGE BOARD SHALL PROCEED AS
15 DESCRIBED IN SECTIONS 517 AND 519. THE DESCRIPTION SHALL BE
16 OBTAINED AND APPROVED AND ADOPTED BY THE DRAINAGE BOARD. THE
17 DRAINAGE BOARD SHALL HOLD A HEARING TO HEAR OBJECTIONS TO THE
18 ASSUMPTION OF SUCH JURISDICTION, TO THE PETITION THEREFOR AND TO
19 THE PROPOSED WORK OR PROPERTY ACQUISITION SHALL BE HELD AS PRO-
20 VIDED FOR OTHER DRAIN PROJECTS PURSUANT TO THIS CHAPTER. NOTICE
21 OF THE HEARING SHALL CONTAIN THE DESCRIPTION AS APPROVED AND
22 ADOPTED BY THE DRAINAGE BOARD.
23 (4) AFTER THE HEARING, THE DRAINAGE BOARD SHALL DETERMINE
24 WHETHER OR NOT IT WILL ASSUME SUCH JURISDICTION AND PERFORM THE
25 WORK PROPOSED, IF ANY, AND SHALL ISSUE ITS ORDER ACCORDINGLY.
26 THE ORDER SHALL BE KNOWN AS THE "FINAL ORDER OF DETERMINATION".
27 THE FINAL ORDER OF DETERMINATION SHALL CONTAIN THE DESCRIPTION OF
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1 THE BED, TRIBUTARIES, BANKS, AND FLOODPLAINS OF THE RIVER, CREEK,
2 OR WATERCOURSE OVER WHICH JURISDICTION HAS BEEN ASSUMED AND SHALL
3 BE RECORDED IN THE COUNTY RECORDS IN THE COUNTY IN WHICH ANY PART
4 THEREOF IS LOCATED. AFTER THE FINAL ORDER OF DETERMINATION IS
5 RECORDED, NO CONSTRUCTING, EXCAVATING, LAND FILLING, REMOVING OF
6 STRUCTURES OR VEGETATION, DUMPING, OR DISCHARGING OF SEWERS OR
7 DRAINS SHALL BE PERMITTED OR CONTINUED IN THE BED, TRIBUTARIES,
8 BANKS, OR FLOODPLAINS OF THE RIVER, CREEK, OR WATERCOURSE WITHIN
9 THE RECORDED DESCRIPTION THEREOF, EXCEPT UPON WRITTEN ORDER OR
10 PERMIT ISSUED BY THE DRAINAGE BOARD.
11 (5) THE RECORDING OF THE DESCRIPTION DOES NOT APPROPRIATE,
12 TERMINATE, OR LESSEN ANY PRIVATE RIGHTS IN PROPERTY, REAL OR PER-
13 SONAL, EXCEPT SUCH AS SHALL BE VOLUNTARILY RELEASED BY WRITTEN
14 AGREEMENT OR CONVEYANCE OR AS SHALL BE CONDEMNED AS PROVIDED IN
15 THIS CHAPTER, OR PURSUANT TO APPLICABLE LAW. THE RECORDING OF
16 THE DESCRIPTION CONSTITUTES A REGULATION AND LIMITATION, FOR REA-
17 SONS OF PUBLIC HEALTH, OF THE USE OF THE PUBLIC AND PRIVATE PROP-
18 ERTY THEREIN DESCRIBED TO REMOVE OR LESSEN THE DANGER OF FLOOD-
19 ING, POLLUTION, DAMAGE, OR OBSTRUCTION OF THE RIVER, CREEK, OR
20 WATERCOURSE, OR PART THEREOF, INVOLVED.
21 (6) BEFORE ANY WORK, OTHER THAN PREPARATION OF THE DESCRIP-
22 TION AND THE APPROVAL, ADOPTION, AND RECORDING OF THE DESCRIP-
23 TION, IS DONE OR RIGHTS IN OR OWNERSHIP OF PROPERTY IS ACQUIRED
24 BY THE DRAINAGE BOARD, PURSUANT TO A PETITION FILED UNDER
25 SUBSECTION (1), THE DRAINAGE BOARD SHALL MAKE A DETERMINATION,
26 FOLLOWING NOTICE AND A HEARING AS PROVIDED IN THIS CHAPTER, AS TO
27 THE PUBLIC CORPORATIONS TO BE ASSESSED FOR THE COST OF THE WORK
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1 OR ACQUISITION. THE HEARING MAY BE THE HEARING PROVIDED FOR IN
2 SUBSECTION (2). AFTER THE HEARING AND THE DETERMINATION TO PRO-
3 CEED WITH THE WORK, THE DRAINAGE BOARD SHALL PROCEED IN THE SAME
4 MANNER AND HAVE THE SAME POWERS AND DUTIES AS ARE PROVIDED FOR
5 OTHER DRAIN PROJECTS IN THIS CHAPTER.
6 Sec. 548. Whenever the water resources commission or suc-
7 cessor agency IF THE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL
8 QUALITY has determined that pollution exists in an inter-county
9 drain which services any city, village, or township or any combi-
10 nation thereof and has issued an order of determination or permit
11 to such THE public corporation for abatement thereof OF THE
12 POLLUTION, then a petition under this chapter may be filed in
13 accordance with UNDER section 513 by any one 1 such city
14 having greater than 500,000 population.
15 SEC. 585. AS USED IN THIS CHAPTER, UNLESS THE CONTEXT INDI-
16 CATES OTHERWISE:
17 (A) "ADVISORY BOARD" MEANS THE WATERSHED ADVISORY BOARD OF A
18 DISTRICT ESTABLISHED UNDER SECTION 592.
19 (B) "BENEFIT" OR "BENEFITS" MEANS THE ADVANTAGES RESULTING
20 FROM A PLAN OR PROJECT TO PUBLIC CORPORATIONS, THE RESIDENTS OF
21 PUBLIC CORPORATIONS, AND PROPERTY WITHIN PUBLIC CORPORATIONS.
22 BENEFITS INCLUDE BUT ARE NOT LIMITED TO BENEFITS THAT RESULT FROM
23 THE MANAGEMENT AND CONTROL OF WATER, SUCH AS ELIMINATION OR
24 REDUCTION OF FLOOD DAMAGE, ELIMINATION OR REDUCTION OF WATER
25 QUALITY CONDITIONS THAT JEOPARDIZE THE PUBLIC HEALTH, SAFETY, OR
26 WELFARE, INCREASE OF THE VALUE OR USE OF LANDS AND PROPERTY
27 ARISING FROM IMPROVED DRAINAGE, ELIMINATION OF FLOODING
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1 CONDITIONS AND IMPROVEMENT OF WATER QUALITY, AND INCREASED
2 USEFULNESS OF THE WATER FOR AGRICULTURAL CONSERVATION, DEVELOP-
3 MENT, AND RECREATIONAL USES.
4 (C) "COMMISSION" MEANS THE WATERSHED MANAGEMENT COMMISSION
5 OF A DISTRICT.
6 (D) "DISTRICT", UNLESS THE CONTEXT CLEARLY INDICATES OTHER-
7 WISE, MEANS A WATERSHED MANAGEMENT DISTRICT.
8 (E) "EXECUTIVE COMMITTEE" MEANS THE WATERSHED MANAGEMENT
9 DISTRICT EXECUTIVE COMMITTEE ESTABLISHED UNDER SECTION 591.
10 (F) "PETITION FILER" MEANS THE PERSON WHO FILED A PETITION
11 UNDER SECTION 586 TO INITIATE PROCEDURES TO ESTABLISH A
12 DISTRICT.
13 (G) "PLAN" MEANS A WATERSHED MANAGEMENT PLAN ADOPTED UNDER
14 SECTION 595.
15 (H) "PROJECT" MEANS THE ACTIVITIES IN THE PLAN OTHER THAN
16 ACTIVITIES SPECIFICALLY RESERVED FOR IMPLEMENTATION THROUGH THE
17 PROVISIONS OF THIS ACT.
18 (I) "PUBLIC CORPORATION" MEANS A COUNTY, CITY, VILLAGE,
19 TOWNSHIP, METROPOLITAN DISTRICT, OR AUTHORITY CREATED BY OR PUR-
20 SUANT TO STATE LAW.
21 (J) "WATERSHED" MEANS A GEOGRAPHIC AREA OF ANY SIZE FROM
22 WHICH WATER SEEKS A COMMON OUTLET, INCLUDING, BUT NOT LIMITED TO,
23 A CREEKSHED, CATCHMENT AREA, DRAINAGE BASIN, DRAINAGE DISTRICT,
24 OR RIVER BASIN.
25 SEC. 586. (1) TO INITIATE PROCEDURES TO ESTABLISH A WATER-
26 SHED MANAGEMENT DISTRICT AND DEVELOP A WATERSHED MANAGEMENT PLAN,
27 A PETITION SHALL BE FILED WITH THE DRAIN COMMISSIONER IN A COUNTY
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1 WHERE ALL OR A PORTION OF THE PROPOSED WATERSHED MANAGEMENT
2 DISTRICT IS TO BE LOCATED AND ESTABLISHED.
3 (2) THE PETITION SHALL STATE THAT IT IS FILED UNDER THIS
4 CHAPTER, REQUEST THE ESTABLISHMENT OF A DISTRICT, SET FORTH THE
5 PROPOSED NAME OF THE DISTRICT, AND BRIEFLY RECITE FACTS AND CIR-
6 CUMSTANCES SHOWING THAT THE DISTRICT WOULD BE CONDUCIVE TO THE
7 PUBLIC HEALTH, CONVENIENCE, OR WELFARE OR TO THE PROTECTION AND
8 REHABILITATION OF WATERS OF THE DISTRICT. THE PETITION SHALL
9 IDENTIFY THE COMMON OUTLET FOR THE PROPOSED DISTRICT. THE PETI-
10 TION SHALL INCLUDE A GENERAL DESCRIPTION OF THE LOCATION OF THE
11 PROPOSED DISTRICT WHICH MAY CONSIST OF A MAP GENERALLY OUTLINING
12 THE BOUNDARIES OF THE PROPOSED DISTRICT. THE PETITION SHALL ALSO
13 REQUEST THE DEVELOPMENT OF A WATERSHED MANAGEMENT PLAN AND
14 BRIEFLY DESCRIBE THE OBJECTIVES TO BE ACCOMPLISHED BY THE PLAN OR
15 COMPONENTS OF A PLAN FOR WHICH THE PETITIONER SEEKS
16 CONSIDERATION. THE PETITION MAY SPECIFY PERSONS OR ENTITIES THAT
17 SHOULD BE CONSIDERED FOR MEMBERSHIP ON ANY APPOINTED WATERSHED
18 ADVISORY BOARD.
19 (3) A PETITION FOR THE ESTABLISHMENT OF A DISTRICT SHALL BE
20 SIGNED BY 1 OF THE FOLLOWING:
21 (A) BY AT LEAST 50 LANDOWNERS WITHIN THE PROPOSED DISTRICT.
22 (B) FOR A DISTRICT WITH LESS THAN 100 LANDOWNERS, BY LAND-
23 OWNERS REPRESENTING AT LEAST 25% OF THE LANDS WITHIN THE PROPOSED
24 DISTRICT.
25 (C) FOR A DISTRICT LYING WHOLLY WITHIN THE BOUNDS OF 1
26 COUNTY, BY AN AUTHORIZED OFFICIAL OF THAT COUNTY OR OF AT LEAST 1
27 PUBLIC CORPORATION LYING WHOLLY OR PARTLY WITHIN THAT COUNTY.
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1 (D) FOR A DISTRICT LYING WHOLLY OR PARTLY WITHIN 2 OR MORE
2 BUT LESS THAN 7 COUNTIES, BY AN AUTHORIZED OFFICIAL OF EACH OF AT
3 LEAST 2 COUNTIES OR PUBLIC CORPORATIONS LYING WHOLLY OR PARTLY
4 WITHIN THOSE COUNTIES.
5 (E) FOR A DISTRICT LYING WHOLLY OR PARTLY WITHIN 7 OR MORE
6 COUNTIES, BY AN AUTHORIZED OFFICIAL OF AT LEAST 2 OF THOSE COUN-
7 TIES OR, FOR EACH COUNTY, BY AN AUTHORIZED OFFICIAL OF AT LEAST 1
8 PUBLIC CORPORATION LYING WHOLLY OR PARTLY WITHIN THAT COUNTY.
9 SEC. 587. THE PETITION FILER SHALL ALSO FILE WITH THE DRAIN
10 COMMISSIONER A CASH DEPOSIT SUFFICIENT TO PAY THE COSTS, AS
11 DETERMINED BY THE DRAIN COMMISSIONER, OF NOTICE UPON EACH
12 AFFECTED PUBLIC CORPORATION, PUBLICATION OF NOTICE FOR THE FIRST
13 MEETING OF THE COMMISSION, AND PUBLICATION OF THE FIRST HEARING.
14 ANY UNUSED FUNDS FROM THE DEPOSIT SHALL BE RETURNED TO THE PERSON
15 FILING THE PETITION. IF A DISTRICT IS ESTABLISHED, THE BALANCE
16 OF THE DEPOSIT SHALL BE CONSIDERED A COST OF THE WATERSHED MAN-
17 AGEMENT DISTRICT, SHALL BE COLLECTED IN THE FIRST ASSESSMENT, AND
18 SHALL BE RETURNED TO THE PETITIONER UPON COLLECTION OF THE FIRST
19 ASSESSMENT.
20 SEC. 588. (1) WITHIN 45 DAYS FOLLOWING RECEIPT OF THE PETI-
21 TION, THE DRAIN COMMISSIONER SHALL REVIEW THE PETITION FOR
22 SUFFICIENCY.
23 (2) IF THE DRAIN COMMISSIONER FINDS THAT THE PETITION IS
24 SUFFICIENT, A WATERSHED MANAGEMENT COMMISSION IS ESTABLISHED FOR
25 THE DISTRICT. THE COMMISSION CONSISTS OF THE FOLLOWING MEMBERS:
26 (A) THE DRAIN COMMISSIONER OF EACH COUNTY WITHIN THE
27 DISTRICT.
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1 (B) THE CHIEF ELECTED OFFICIAL OR AN ELECTED OFFICIAL
2 DESIGNATED BY THE CHIEF ELECTED OFFICIAL OF EACH PUBLIC CORPORA-
3 TION WITH LANDS WITHIN THE DISTRICT.
4 (C) THE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY
5 OR A PERSON AS APPOINTED BY THE DIRECTOR AS A NONVOTING MEMBER.
6 (D) THE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES OR A
7 PERSON DESIGNATED BY THE DIRECTOR AS A NONVOTING MEMBER.
8 (E) UNLESS THE DISTRICT LIES WHOLLY WITHIN THE BOUNDARIES OF
9 1 COUNTY, THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE OR A
10 PERSON DESIGNATED BY THE DIRECTOR OF THE DEPARTMENT OF
11 AGRICULTURE.
12 (3) PROMPTLY AFTER DETERMINING THAT THE PETITION IS SUFFI-
13 CIENT, THE DRAIN COMMISSIONER SHALL MAKE A PRELIMINARY FINDING OF
14 THE COUNTIES THAT ARE SUBJECT TO ASSESSMENT UNDER THIS CHAPTER OR
15 INCLUDE PUBLIC CORPORATIONS SUBJECT TO ASSESSMENT UNDER THIS
16 CHAPTER. THE DRAIN COMMISSIONER SHALL PROMPTLY BY FIRST-CLASS
17 MAIL PROVIDE NOTICE OF THE FIRST MEETING OF THE COMMISSION TO ALL
18 OF THE FOLLOWING:
19 (A) THE COUNTY CLERK, DRAIN COMMISSIONER, AND CHAIRPERSON OF
20 EACH COUNTY ROAD COMMISSION OF EACH COUNTY SUBJECT TO ASSESSMENT
21 UNDER THIS CHAPTER OR THAT INCLUDES A PUBLIC CORPORATION SUBJECT
22 TO ASSESSMENT UNDER THIS CHAPTER.
23 (B) THE CHAIRPERSON OF EACH SOIL CONSERVATION DISTRICT
24 WITHIN THE PROPOSED WATERSHED MANAGEMENT DISTRICT.
25 (C) THE CLERK OF EACH CITY, VILLAGE, AND TOWNSHIP HAVING
26 LANDS WITHIN THE PROPOSED DISTRICT.
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1 (D) THE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL
2 QUALITY.
3 (E) THE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES.
4 (F) THE DIRECTOR OF THE STATE TRANSPORTATION DEPARTMENT.
5 (G) THE CHAIRPERSON OF ANY OTHER WATERSHED MANAGEMENT DIS-
6 TRICT THAT HAS LANDS THAT MAY OVERLAP WITH THE PROPOSED
7 DISTRICT.
8 (H) THE CHAIRPERSON OF ANY WATERSHED COUNCIL ESTABLISHED
9 UNDER PART 311 (LOCAL RIVER MANAGEMENT) OF THE NATURAL RESOURCES
10 AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.31101 TO
11 324.31119, WHOSE WATERSHED LIES WHOLLY OR PARTLY WITHIN THE
12 DISTRICT.
13 (I) UNLESS THE DISTRICT LIES WHOLLY WITHIN THE BOUNDARIES OF
14 1 COUNTY, THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE.
15 (4) THE NOTICE SHALL INCLUDE A COPY OF THE PETITION AND
16 SHALL REQUEST EACH NOTIFIED PUBLIC CORPORATION TO APPOINT A REP-
17 RESENTATIVE TO THE COMMISSION AND STATE THE TIME AND PLACE OF THE
18 FIRST MEETING WHICH SHALL BE NOT LESS THAN 45 AND NOT MORE THAN
19 60 DAYS FOLLOWING THE MAILING OF THE NOTICE. FAILURE OF THE GOV-
20 ERNING BODY OF ANY PUBLIC CORPORATION ENTITLED REPRESENTATION TO
21 APPOINT A MEMBER TO THE COMMISSION DOES NOT PREVENT THE INCLUSION
22 OF THE PUBLIC CORPORATION IN THE WATERSHED MANAGEMENT DISTRICT OR
23 EXEMPT IT FROM ASSESSMENT OR OTHER OBLIGATIONS UNDER THIS
24 CHAPTER.
25 (5) THE DRAIN COMMISSIONER WITH WHOM THE PETITION WAS FILED
26 SHALL ALSO PUBLISH A NOTICE OF THE FIRST MEETING OF THE
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1 COMMISSION IN A NEWSPAPER OF GENERAL CIRCULATION IN THE PROPOSED
2 DISTRICT.
3 (6) EACH DRAIN COMMISSIONER WHOSE COUNTY LIES WHOLLY OR
4 PARTLY WITHIN THE BOUNDARIES OF THE DISTRICT SHALL BY FIRST-CLASS
5 MAIL DELIVER A COPY OF THE NOTICE UNDER SUBSECTION (4) TO ANY
6 INTERESTED PARTY THAT HAS MADE A WRITTEN REQUEST TO BE NOTIFIED
7 REGARDING WATERSHED MANAGEMENT DISTRICT PETITIONS.
8 SEC. 589. (1) IF A DISTRICT LIES WHOLLY WITHIN THE BOUNDA-
9 RIES OF 1 COUNTY, THE COUNTY DRAIN COMMISSIONER SHALL BE THE
10 CHAIRPERSON OF THE COMMISSION. IF A DISTRICT LIES IN MORE THAN 1
11 COUNTY, THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE OR HIS OR
12 HER DESIGNEE SERVING ON THE COMMISSION SHALL BE THE CHAIRPERSON
13 OF THE COMMISSION. THE CHAIRPERSON OF THE COMMISSION MAY VOTE
14 ONLY IF NECESSARY TO CAST THE DECIDING VOTE IN CASE OF A TIE.
15 (2) AT THE FIRST MEETING OF THE COMMISSION, THE COMMISSION
16 SHALL ELECT A SECRETARY AND MAY ELECT A VICE-CHAIRPERSON FROM
17 AMONG ITS MEMBERS.
18 (3) THE COMMISSION SHALL DESIGNATE THE TREASURER OF 1 OF THE
19 COUNTIES IN THE DISTRICT TO SERVE AS TREASURER OF THE DISTRICT.
20 MONEY HELD BY THE TREASURER SHALL ONLY BE PAID OUT UPON ORDER THE
21 COMMISSION EXCEPT FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON
22 BONDS. THE COMMISSION SHALL CAUSE THE ACCOUNTS OF THE TREASURER
23 TO BE AUDITED ANNUALLY BY A CERTIFIED PUBLIC ACCOUNTANT. THE
24 EXPENSE OF THE AUDIT SHALL BE PAID BY THE WATERSHED MANAGEMENT
25 DISTRICT. THE TREASURER SHALL INVEST THE FUNDS AS DIRECTED BY
26 THE COMMISSION. UNLESS THE COMMISSION DIRECTS OTHERWISE, THE
27 FUNDS SHALL BE INVESTED IN INTEREST BEARING ACCOUNTS.
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1 (4) THE COMMISSION SHALL ADOPT RULES OF PROCEDURES OR BYLAWS
2 NOT INCONSISTENT WITH THIS CHAPTER.
3 (5) THE BUSINESS THAT THE COMMISSION, THE EXECUTIVE COMMIT-
4 TEE, IF ANY, OR THE ADVISORY BOARD MAY PERFORM SHALL BE CONDUCTED
5 AT A PUBLIC MEETING OF THE COMMISSION, THE EXECUTIVE COMMITTEE,
6 IF ANY, OR THE ADVISORY BOARD HELD IN COMPLIANCE WITH THE OPEN
7 MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 15.275.
8 (6) A MEETING OF THE COMMISSION SHALL BE CALLED BY THE
9 CHAIRPERSON OR 2 OR MORE MEMBERS OF THE COMMISSION BY SENDING
10 NOTICE OF THE MEETING BY FIRST-CLASS MAIL TO EACH MEMBER NOT LESS
11 THAN 20 DAYS BEFORE THE DATE OF THE MEETING. THE MAJORITY OF THE
12 MEMBERS SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSI-
13 NESS, BUT A LESSER NUMBER MAY ADJOURN FROM TIME TO TIME. UNLESS
14 OTHERWISE PROVIDED IN THIS ACT, AN ACTION SHALL NOT BE TAKEN
15 EXCEPT BY A MAJORITY VOTE OF THE MEMBERS PRESENT AND VOTING.
16 (7) THE COMMISSION SHALL MEET AT LEAST ONCE ANNUALLY BEFORE
17 APRIL 1. THE FIRST MEETING OF THE COMMISSION EACH YEAR SHALL BE
18 CONSIDERED ITS ANNUAL MEETING. AT ITS ANNUAL MEETING, THE COM-
19 MISSION SHALL APPOINT MEMBERS OF THE ADVISORY BOARD AND EXECUTIVE
20 COMMITTEE AND SUCH OTHER COMMITTEES AS IT CONSIDERS APPROPRIATE,
21 APPROVE ASSESSMENTS FOR OPERATION AND PLAN IMPLEMENTATION, AND
22 APPROVE A WORK PLAN AND ANNUAL BUDGET FOR THE DISTRICT FOR THE
23 ENSUING YEAR, AND CONDUCT OTHER BUSINESS. THE COMMISSION SHALL
24 ALSO ISSUE AN ANNUAL REPORT STATING PROGRESS TOWARD THE GOALS OF
25 THE PETITION. A COPY OF THE ANNUAL REPORT AND BUDGET SHALL BE
26 PREPARED, PUBLISHED, AND PROVIDED TO ALL PUBLIC CORPORATIONS IN
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1 THE DISTRICT, THE DEPARTMENT OF NATURAL RESOURCES, THE DEPARTMENT
2 OF ENVIRONMENTAL QUALITY, AND THE DEPARTMENT OF AGRICULTURE.
3 (8) ORDERS ISSUED BY THE COMMISSION SHALL BE SIGNED BY THE
4 CHAIRPERSON AND THE SECRETARY.
5 (9) THE SECRETARY SHALL PREPARE AND SIGN 3 DUPLICATE ORIGI-
6 NALS OF THE MINUTES OF THE PROCEEDINGS OF THE BODY. THE SECRE-
7 TARY SHALL RETAIN 1 DUPLICATE ORIGINAL, FILE 1 DUPLICATE ORIGINAL
8 WITH THE CHAIRPERSON, AND FILE 1 DUPLICATE ORIGINAL WITH THE
9 DIRECTOR OF THE DEPARTMENT OF AGRICULTURE. THE ORIGINALS OF ALL
10 PROCEEDINGS AND RECORDS SHALL BE KEPT ON FILE WITH THE
11 SECRETARY.
12 (10) A WRITING PREPARED, OWNED, USED, IN POSSESSION OF, OR
13 RETAINED BY THE COMMISSION IN THE PERFORMANCE OF AN OFFICIAL
14 FUNCTION IS SUBJECT TO THE FREEDOM OF INFORMATION ACT, 1976 PA
15 442, MCL 15.231 TO 15.246.
16 SEC. 590. (1) AT THE FIRST MEETING, THE COMMISSION SHALL
17 TENTATIVELY DETERMINE THE SUFFICIENCY OF THE PETITION AND WHETHER
18 A DISTRICT WOULD BE CONDUCIVE TO THE PUBLIC HEALTH, CONVENIENCE,
19 OR WELFARE OR TO THE PROTECTION AND REHABILITATION OF WATERS OF
20 THE DISTRICT. IF THE COMMISSION DETERMINES THAT THE PETITION IS
21 NOT SUFFICIENT, THE COMMISSION MAY RETURN THE PETITION TO THE
22 PETITION FILER FOR SUPPLEMENTATION AND REFINEMENT. IF SUCH
23 REFINEMENT RESULTS IN THE INCLUSION OF ADDITIONAL PUBLIC CORPORA-
24 TIONS WHICH ARE ENTITLED TO DESIGNATE A MEMBER OF THE COMMISSION,
25 THE COMMISSION SHALL ADJOURN THE MEETING AND SHALL NOTIFY THE
26 CLERK OF SUCH PUBLIC CORPORATION OF THE TIME AND PLACE OF THE
27 PROPOSED MEETING. IF THE COMMISSION AT ANY TIME DETERMINES THAT
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1 THE DISTRICT WOULD NOT BE CONDUCIVE TO THE PUBLIC HEALTH,
2 CONVENIENCE, OR WELFARE OR TO THE PROTECTION AND REHABILITATION
3 OF WATERS OF THE DISTRICT, IT SHALL ORDER THE PETITION DISMISSED
4 AND PROCEEDINGS UNDER THE PETITION SHALL BE TERMINATED. IF A
5 PETITION IS SO DISMISSED, A PETITION THAT IS THE SAME OR SUBSTAN-
6 TIALLY THE SAME SHALL BE FILED UNDER THIS CHAPTER FOR 1 YEAR
7 AFTER THE DATE OF DISMISSAL.
8 (2) IF THE COMMISSION TENTATIVELY FINDS THAT THE PETITION IS
9 SUFFICIENT AND THAT THE WATERSHED MANAGEMENT DISTRICT WOULD BE
10 CONDUCIVE TO THE PUBLIC HEALTH, CONVENIENCE, OR WELFARE OR TO THE
11 PROTECTION AND REHABILITATION OF WATERS OF THE DISTRICT, IT SHALL
12 PROMPTLY AND TENTATIVELY SELECT A NAME FOR THE DISTRICT; AND MAKE
13 A TENTATIVE DETERMINATION OF THE PUBLIC CORPORATIONS TO BE
14 ASSESSED FOR THE COST, AND FIX A TIME, DATE, AND PLACE TO HEAR
15 OBJECTIONS TO THE ESTABLISHMENT OF THE DISTRICT AND PUBLIC CORPO-
16 RATIONS SUBJECT TO ASSESSMENT. NOTICE OF THE HEARING SHALL BE
17 PUBLISHED TWICE BY INSERTING THE NOTICE IN A NEWSPAPER OF GENERAL
18 CIRCULATION IN THE DISTRICT. THE PUBLICATION SHALL BE NOT LESS
19 THAN 20 DAYS BEFORE THE DATE OF THE HEARING. THE NOTICE SHALL
20 ALSO BE SENT BY FIRST-CLASS MAIL TO THE CLERK OF EACH PUBLIC COR-
21 PORATION PROPOSED TO BE ASSESSED NOT LESS THAN 20 DAYS BEFORE THE
22 DATE OF THE HEARING. THE NOTICE SHALL BE SIGNED BY THE CHAIR-
23 PERSON AND PROOF OF THE PUBLICATION AND MAILING OF THE NOTICE
24 SHALL BE FILED IN HIS OR HER OFFICE. THE PROOF WILL BE CONCLU-
25 SIVE OF THE PUBLICATION AND MAILING. THE COMMISSION MAY PROVIDE
26 A FORM TO BE SUBSTANTIALLY FOLLOWED IN GIVING OF NOTICE.
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1 (3) AFTER THE HEARING, THE COMMISSION SHALL DETERMINE
2 WHETHER THE PETITION IS SUFFICIENT AND THE DISTRICT WOULD BE
3 CONDUCIVE TO THE PUBLIC HEALTH, CONVENIENCE, OR WELFARE OR TO THE
4 PROTECTION AND REHABILITATION OF WATERS OF THE DISTRICT AND, IF
5 SO, THE PUBLIC CORPORATIONS TO BE ASSESSED. THE COMMISSION SHALL
6 ISSUE ITS ORDER ACCORDINGLY. THE ORDER SHALL BE KNOWN AS THE
7 ORDER DESIGNATING THE WATERSHED MANAGEMENT DISTRICT. A PUBLIC
8 CORPORATION SHALL NOT BE ELIMINATED FROM OR ADDED TO THOSE TENTA-
9 TIVELY DETERMINED TO BE ASSESSED WITHOUT A REHEARING AFTER
10 NOTICE. THE COMMISSION SHALL PUBLISH NOTICE OF THE ORDER DESIG-
11 NATING THE DISTRICT BY PUBLISHING IN A NEWSPAPER OF GENERAL CIR-
12 CULATION IN THE DISTRICT. THE NOTICE SHALL GIVE A GENERAL
13 DESCRIPTION OF THE COMMON OUTLET AND THE LOCATION OF THE DISTRICT
14 AS SHOWN BY THE ORDER. IN ADDITION, THE COMMISSION SHALL SERVE A
15 COPY OF THE ORDER BY FIRST-CLASS MAIL ON THE CLERKS OF EACH
16 PUBLIC CORPORATION WITHIN THE DISTRICT, THE DIRECTOR OF THE
17 DEPARTMENT OF ENVIRONMENTAL QUALITY, THE DIRECTOR OF THE DEPART-
18 MENT OF NATURAL RESOURCES, THE DIRECTOR OF THE DEPARTMENT OF
19 AGRICULTURE, AND THE SECRETARY OF EACH SOIL CONSERVATION DISTRICT
20 WITHIN THE PROPOSED WATERSHED MANAGEMENT DISTRICT.
21 SEC. 591. (1) THE COMMISSION SHALL FUNCTION AS THE GOVERN-
22 ING BODY OF THE DISTRICT. ACTIONS TAKEN BY THE COMMISSION SHALL
23 BE TAKEN IN THE NAME OF THE DISTRICT.
24 (2) AFTER THE COMMISSION ISSUES ITS ORDER DESIGNATING THE
25 DISTRICT, IT MAY APPOINT A WATERSHED MANAGEMENT DISTRICT EXECU-
26 TIVE COMMITTEE. ONLY MEMBERS OF THE COMMISSION ARE ELIGIBLE TO
27 BE MEMBERS OF THE EXECUTIVE COMMITTEE. THE MEMBERS OF THE
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1 EXECUTIVE COMMITTEE SHALL BE ELECTED BY A VOTE OF THE MAJORITY OF
2 THE MEMBERS OF THE COMMISSION. HOWEVER, ANY DRAIN COMMISSIONER
3 SERVING ON THE COMMISSION SHALL BE A MEMBER OF THE EXECUTIVE
4 COMMITTEE.
5 (3) THE EXECUTIVE COMMITTEE SHALL PERFORM ADMINISTRATIVE AND
6 MINISTERIAL DUTIES AS DIRECTED BY THE COMMISSION AND OUTLINED IN
7 ITS BYLAWS. THE EXECUTIVE COMMITTEE DUTIES MAY INCLUDE CONDUCT
8 OF MEETINGS AND PUBLIC HEARINGS FOR PURPOSES OF RECOMMENDING A
9 WATERSHED MANAGEMENT PLAN AND RECOMMENDING IMPLEMENTATION OF THE
10 PLAN. THE EXECUTIVE COMMITTEE MAY PREPARE AND MAKE RECOMMENDA-
11 TIONS AS TO THE APPORTIONMENT OF COSTS AND THE REVIEW OF
12 EXPENDITURES. HOWEVER, THE ADOPTION OF THE FINAL PLAN, FINAL
13 IMPLEMENTATION OF THE PLAN, AND FINAL APPORTIONMENT OF COSTS,
14 ADOPTION OF AN ANNUAL BUDGET, AND AUTHORIZATION OF ASSESSMENTS
15 SHALL BE APPROVED BY THE MAJORITY OF THE COMMISSION.
16 SEC. 592. (1) AFTER THE ISSUANCE OF THE ORDER DESIGNATING
17 THE DISTRICT, THE COMMISSION SHALL TENTATIVELY DEFINE THE SCOPE
18 OF THE PLAN. AFTER TENTATIVELY DEFINING THE SCOPE OF THE PLAN,
19 THE COMMISSION SHALL APPOINT A WATERSHED MANAGEMENT DISTRICT
20 ADVISORY BOARD. THE COMMISSION MAY CONSIDER, AS MEMBERS OF THE
21 ADVISORY BOARD, THOSE PERSONS OR ENTITIES WHICH WERE SPECIFIED AS
22 PART OF THE PETITION, AND MAY INCLUDE ANY PERSON OR ENTITY WITH
23 AN INTEREST IN THE DISTRICT INCLUDING BUT NOT LIMITED TO STATE,
24 FEDERAL, AND MUNICIPAL AGENCIES, REGIONAL AND PLANNING AGENCIES,
25 AND PROPERTY OWNERS AND INTEREST GROUPS. THE COMMISSION SHALL
26 INVITE THE DEPARTMENT OF NATURAL RESOURCES, THE DEPARTMENT OF
27 ENVIRONMENTAL QUALITY, THE STATE TRANSPORTATION DEPARTMENT, AND
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1 ANY WATERSHED COUNCIL ESTABLISHED UNDER PART 311 (LOCAL RIVER
2 MANAGEMENT) OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION
3 ACT, 1994 PA 451, MCL 324.31101 TO 324.31119, SOIL AND WATER CON-
4 SERVATION DISTRICT, OR BOARD OF COUNTY ROAD COMMISSIONERS WHOSE
5 WATERSHED, CONSERVATION DISTRICT, OR COUNTY LIES WHOLLY OR PARTLY
6 WITHIN THE WATERSHED MANAGEMENT DISTRICT TO APPOINT REPRESENTA-
7 TIVES TO THE ADVISORY BOARD. THE ADVISORY BOARD IS INTENDED TO
8 INCLUDE MEMBERS WHO WILL REPRESENT A BALANCE OF INTERESTS EXIST-
9 ING IN THE DISTRICT.
10 (2) AT ITS FIRST MEETING, THE ADVISORY BOARD SHALL ELECT A
11 CHAIRPERSON AND SECRETARY. MINUTES SHALL BE KEPT AT ALL MEET-
12 INGS, AND RECORDS OF ALL PROCEEDINGS AND RECOMMENDATIONS OF THE
13 ADVISORY BOARD SHALL BE FILED IN THE OFFICE OF THE CHAIRPERSON OF
14 THE COMMISSION.
15 (3) THE WATERSHED MANAGEMENT COMMISSION SHALL APPOINT AT
16 LEAST 1 OR MORE MEMBERS OF THE COMMISSION, AS IT DEEMS NECESSARY,
17 TO THE ADVISORY BOARD. ONCE THE ADVISORY BOARD HAS BEEN ESTAB-
18 LISHED, THE COMMISSION SHALL PERIODICALLY REVIEW THE MEMBERSHIP
19 BASED UPON DEMOGRAPHIC INFORMATION OF THE WATERSHED MANAGEMENT
20 DISTRICT AND REVISE THE MEMBERSHIP AS NECESSARY TO ENSURE A BAL-
21 ANCE OF ALL INTERESTS IN THE DISTRICT.
22 (4) THE ADVISORY BOARD, IN CONJUNCTION WITH THE COMMISSION
23 OR ITS EXECUTIVE COMMITTEE, OR BOTH, SHALL MAKE THE INITIAL REC-
24 OMMENDATIONS FOR THE SCOPE OF A WATERSHED MANAGEMENT PLAN. THE
25 SCOPE OF THE PLAN MAY INCLUDE 1 OR MORE OF THE FOLLOWING:
26 (A) PREPARATION OF PLANS.
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1 (B) PROBLEM ASSESSMENT.
2 (C) SPECIAL STUDIES.
3 (D) WATER QUALITY, WATER QUANTITY MONITORING, OR BIOLOGICAL
4 MONITORING.
5 (E) MODELING.
6 (F) DATA GATHERING.
7 (G) EDUCATION AND EDUCATION PROGRAMS.
8 (H) PURCHASE OF LANDS, ACQUISITION OF CONSERVATION OR OTHER
9 EASEMENTS OR RIGHTS-OF-WAY, OR PURCHASE OF DEVELOPMENT RIGHTS.
10 (I) DEVELOPMENT AND RECOMMENDATION OF ORDINANCES AND REGULA-
11 TORY PROGRAMS TO BE IMPLEMENTED BY THE PUBLIC CORPORATION.
12 (J) MAPPING.
13 (K) PUBLICATIONS.
14 (l) TESTING.
15 (M) HYDROLOGICAL ENGINEERING, ANALYSIS, AND MODELING.
16 (N) DEVELOPMENT AND DRAFTING OF RECOMMENDED MANAGEMENT
17 PRACTICES.
18 (O) ANY OTHER NONPERMANENT, NONSTRUCTURAL COMPONENT DEEMED
19 APPROPRIATE BY THE COMMISSION TO ACCOMPLISH THE PURPOSE OF THIS
20 CHAPTER, OTHER THAN CONSTRUCTION ACTIVITIES WHICH CONSTITUTE
21 MAINTENANCE, IMPROVEMENT, OR CONSTRUCTION OF A DRAIN OR CONSTRUC-
22 TION ACTIVITIES WITHIN BOUNDARIES OF THE WATERCOURSE.
23 (5) UPON RECEIPT OF RECOMMENDATIONS OF THE SCOPE OF THE PRO-
24 POSED PLAN, THE COMMISSION SHALL ADOPT THE TENTATIVE SCOPE OF THE
25 PLAN.
26 SEC. 593. (1) AT A MEETING SUBSEQUENT TO THE MEETING AT
27 WHICH THE TENTATIVE SCOPE OF THE PLAN IS ADOPTED, THE COMMISSION
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1 SHALL FINALIZE THE SCOPE OF THE PLAN AND TENTATIVELY APPORTION
2 BENEFITS IN A FIRST ORDER OF DETERMINATION.
3 (2) INTERESTED PARTIES MAY APPEAL THE SCOPE OF THE PLAN OR
4 THE APPORTIONMENT OF BENEFITS.
5 (3) AFTER ANY APPEALS, THE COMMISSION SHALL REFER TO THE
6 WATERSHED BOARD TO MAKE RECOMMENDATIONS OF THE PROPOSED PLAN.
7 THE ADVISORY BOARD MAY CONDUCT PUBLIC HEARINGS ON THE PLAN AND
8 GIVE NOTICE OF THE HEARINGS TO THOSE PARTIES THAT HAVE EXPRESSED
9 AN INTEREST IN THE WATERSHED MANAGEMENT PLAN FOR PURPOSES OF
10 RECEIVING PUBLIC INPUT WITH REGARDS TO THE PLAN. THE ADVISORY
11 BOARD SHALL PREPARE A REPORT OF ITS RECOMMENDATIONS TOGETHER WITH
12 A PROPOSED PLAN TO THE COMMISSION FOR ITS CONSIDERATION.
13 (4) THE COMMISSION MAY CONTRACT WITH PERSONS TO ASSIST IN
14 DEFINING THE SCOPE OF THE PLAN AND ASSIST THE ADVISORY BOARD AS
15 DIRECTED BY THE COMMISSION IN PREPARATION OF A TENTATIVE OR FINAL
16 PLAN. AFTER THE FINAL ORDER OF DETERMINATION, THE COMMISSION MAY
17 ALSO HIRE EMPLOYEES AND DETERMINE THEIR COMPENSATION. AN
18 EMPLOYEE SHALL NOT BE A MEMBER OF THE COMMISSION OR ANY ADVISORY
19 BOARD.
20 SEC. 594. (1) THE COMMISSION SHALL DEVELOP OPERATING PROCE-
21 DURES AND A GENERAL CHARGE OF SCOPE OF WORK FOR THE ADVISORY
22 BOARD THAT REFLECTS THE ISSUES CONTAINED IN THE PETITION. THE
23 ADVISORY BOARD SHALL WORK WITH THE CONSULTANTS, STAFF, AND
24 RESOURCES PROVIDED BY THE COMMISSION IN PREPARATION OF PLAN
25 RECOMMENDATIONS.
26 (2) AFTER ENTRY OF THE FIRST ORDER OF DETERMINATION, THE
27 COMMISSION IN CONJUNCTION WITH THE ADVISORY BOARD SHALL PREPARE
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1 THE WATERSHED MANAGEMENT PLAN. IN PREPARING THE PLAN, THE
2 COMMISSION SHALL CONSIDER RECOMMENDATIONS SUBMITTED BY LANDOWNERS
3 AND PUBLIC CORPORATIONS IN THE DISTRICT AND OTHER INTERESTED
4 PARTIES.
5 (3) WATERSHED MANAGEMENT RECOMMENDATIONS AS OUTLINED IN THE
6 FIRST ORDER OF DETERMINATION SHALL BE REVIEWED BY THE ADVISORY
7 BOARD. THE ADVISORY BOARD MAY INDEPENDENTLY INITIATE RECOMMENDA-
8 TIONS FOR CONSIDERATION BY THE COMMISSION. IN PREPARING THE
9 PLAN, THE COMMISSION SHALL ALSO CONSIDER AND SHALL ACCEPT,
10 REJECT, MODIFY, OR ADD TO RECOMMENDATIONS SUBMITTED BY THE
11 ADVISORY BOARD.
12 SEC. 595. (1) AFTER RECEIPT OF THE WRITTEN REPORT AND REC-
13 OMMENDATIONS FROM THE ADVISORY BOARD, THE CHAIRPERSON OF THE COM-
14 MISSION SHALL FORWARD THE REPORT AND RECOMMENDATIONS TO THE MEM-
15 BERS OF THE COMMISSION AND SET THE TIME, DATE, AND PLACE FOR A
16 MEETING TO TENTATIVELY ADOPT THE PLAN. THE COMMISSION SHALL
17 ADOPT THE TENTATIVE PLAN AFTER MAKING ANY REVISIONS IT CONSIDERS
18 ADVISABLE. AFTER THE COMMISSION ADOPTS THE TENTATIVE PLAN, THE
19 CHAIRPERSON OF THE COMMISSION SHALL GIVE NOTICE OF THE TIME,
20 DATE, AND PLACE OF A PUBLIC HEARING TO HEAR OBJECTIONS TO THE
21 TENTATIVE PLAN AND ASSESSMENT COSTS OF IMPLEMENTATION OF THE PLAN
22 TO THE DESIGNATED PUBLIC CORPORATIONS. NOTICE OF THE HEARING
23 SHALL BE PUBLISHED TWICE IN A NEWSPAPER OF GENERAL CIRCULATION IN
24 THE DISTRICT. THE FIRST PUBLICATION SHALL BE NOT LESS THAN 20
25 DAYS BEFORE THE DATE OF THE HEARING. NOTICE SHALL ALSO BE MAILED
26 BY FIRST-CLASS MAIL TO THE CLERK OF EACH PUBLIC CORPORATION
27 PROPOSED TO BE ASSESSED NOT LESS THAN 20 DAYS BEFORE THE DATE OF
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1 THE HEARING. THE CHAIRPERSON OF THE COMMISSION SHALL SIGN AND
2 FILE IN HIS OR HER OFFICE AN AFFIDAVIT OF THE PUBLISHED AND
3 MAILED NOTICE. THE AFFIDAVIT IS CONCLUSIVE PROOF OF THE PUBLICA-
4 TION OR MAILING OF THE NOTICE.
5 (2) AT THE HEARING, THE COMMISSION SHALL RECEIVE TESTIMONY
6 AND EVIDENCE AS TO THE PRACTICALITY OF THE PROPOSED PLAN. IF THE
7 COMMISSION FEELS THAT ADDITIONAL INFORMATION IS NEEDED BEFORE A
8 PLAN CAN BE ADOPTED, IT MAY ADJOURN AS IT DEEMS NECESSARY, BUT AN
9 ADJOURNMENT SHALL NOT BE FOR LONGER THAN 60 DAYS. AFTER THE
10 HEARING, THE COMMISSION SHALL MAKE A DETERMINATION OF THE PRACTI-
11 CALITY OF THE PROPOSED PLAN, SHALL ESTABLISH THE FINAL APPORTION-
12 MENTS TO THE PUBLIC CORPORATIONS TO BE ASSESSED, AND SHALL ENTER
13 ORDERS THEREOF, WHICH ORDERS SHALL BE KNOWN AS THE FINAL ORDER OF
14 DETERMINATION AND FINAL ORDER OF APPORTIONMENT, RESPECTIVELY.
15 THE ORDERS SHALL BE FILED IN THE OFFICE OF THE SECRETARY OF THE
16 COMMISSION.
17 (3) APPORTIONMENTS OF BENEFITS UNDER THIS CHAPTER SHALL BE
18 BASED UPON BENEFITS TO THE PUBLIC CORPORATION ASSESSED, THE
19 EXTENT TO WHICH THE PUBLIC CORPORATION CONTRIBUTES TO THE CONDI-
20 TIONS THAT MAKE A PLAN NECESSARY AND DERIVES SPECIAL BENEFIT
21 DIRECTLY RELATED TO ACTIONS PROPOSED BY THE PLAN, AND WHETHER A
22 PUBLIC CORPORATION OR OWNERS OF LAND IN THE PUBLIC CORPORATION
23 SPECIFICALLY REQUESTED A PROVISION OF THE PLAN.
24 SEC. 596. IF THE PLAN AS SET FORTH IN THE FINAL ORDER OF
25 DETERMINATION PROPOSES THE MAINTENANCE OR IMPROVEMENT OF AN
26 ESTABLISHED COUNTY OR INTERCOUNTY DRAIN, OR THE LOCATION,
27 ESTABLISHMENT, OR CONSTRUCTION OF A COUNTY OR INTERCOUNTY DRAIN,
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1 THE MAINTENANCE, IMPROVEMENT, LOCATION, ESTABLISHMENT, OR
2 CONSTRUCTION SHALL BE IMPLEMENTED PURSUANT TO THE APPROPRIATE
3 PROVISIONS OF THIS ACT AND BE SUBJECT TO THE JURISDICTION OF THE
4 RESPECTIVE DRAIN COMMISSIONER OR DRAINAGE BOARD. HOWEVER, THE
5 COMMISSION MAY PETITION FOR WORK, BUT ONLY PURSUANT TO CHAPTERS
6 20 AND 21.
7 SEC. 597. THE COMMISSION SHALL AT LEAST EVERY 5 YEARS
8 REVIEW AND REEVALUATE THE PLAN AND ITS IMPLEMENTATION. IN SO
9 DOING, THE COMMISSION SHALL SEEK THE INPUT AND RECOMMENDATIONS OF
10 THE ADVISORY BOARD. THE COMMISSION MAY RECEIVE A PETITION TO
11 SUPPLEMENT, AMEND, OR EXPAND THE PLAN. IF SUCH A PETITION IS
12 RECEIVED, THE COMMISSION SHALL PROCEED CONSISTENT WITH THIS CHAP-
13 TER FROM THE POINT IN PROCEEDINGS IMMEDIATELY FOLLOWING THE ORDER
14 DESIGNATING THE DISTRICT.
15 SEC. 598. PUBLIC CORPORATIONS MAY ADVANCE FUNDS FOR THE
16 PAYMENT OF ANY PART OF THE COSTS INCURRED BY A DISTRICT AND SHALL
17 BE REPAID BY THE DISTRICT WHEN FUNDS ARE AVAILABLE. BEFORE THE
18 ISSUANCE OF BONDS, THE COMMISSION MAY ASSESS PRELIMINARY COSTS IN
19 AN EQUITABLE MANNER AGAINST PUBLIC CORPORATIONS IN THE DISTRICT
20 AND COLLECT THE ASSESSED COSTS. THE COSTS OF ALL OF THE FOLLOW-
21 ING ARE SUBJECT TO ASSESSMENT:
22 (A) LOCATING AND ESTABLISHING THE DISTRICT.
23 (B) DEVELOPMENT OF THE PLAN.
24 (C) ADMINISTRATIVE STAFF, OFFICE, AND OTHER EXPENSES OF THE
25 COMMISSION AND ADVISORY BOARD.
26 (D) IMPLEMENTATION OF THE PLAN.
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1 (E) ACQUIRING INTEREST IN LANDS.
2 (F) ENGINEERING, LEGAL, CONSULTANT, AND OTHER PROFESSIONAL
3 FEES.
4 (G) SERVICE AND PUBLICATION OF ALL NOTICES.
5 (H) INTEREST ON ALL BONDS OR NOTES FOR THE FIRST YEAR THEY
6 ARE TO BE ISSUED AND ALL PAYMENTS AND INTEREST ON BONDS OR NOTES
7 ISSUED BEFORE THE ASSESSMENT.
8 (I) OTHER ITEMS IDENTIFIED AND ALLOCATED IN THE FINALLY
9 APPROVED ANNUAL BUDGET.
10 (J) POSSIBLE CONTINGENT EXPENSES, IN AN AMOUNT NOT EXCEEDING
11 10% OF THE OTHER COSTS WHICH ARE TO BE ASSESSED AGAINST PUBLIC
12 CORPORATIONS.
13 SEC. 599. (1) ANY ACTION ARISING FROM THIS CHAPTER MAY BE
14 BROUGHT IN THE CIRCUIT COURT OF ANY COUNTY IN WHICH ANY PART OF
15 THE DISTRICT INVOLVED IS LOCATED.
16 (2) NEITHER THE FINAL ORDER OF DETERMINATION NOR THE FINAL
17 ORDER OF APPORTIONMENT IS SUBJECT TO ATTACK IN ANY COURT EXCEPT
18 BY PROCEEDINGS AND SUPERINTENDING CONTROL BROUGHT WITHIN 30 DAYS
19 AFTER THE FILING OF SUCH ORDER IN THE OFFICE OF THE SECRETARY OF
20 THE COMMISSION. UNLESS SUCCESSFULLY CHALLENGED IN PROCEEDINGS
21 BROUGHT WITHIN THIS TIME, THE DISTRICT IS LEGALLY ESTABLISHED AND
22 THE LEGALITY OF THE PLAN AND THE ASSESSMENTS SHALL NOT BE QUES-
23 TIONED IN ANY SUIT AT LAW OR EQUITY.
24 (3) SUBSECTION (2) DOES NOT APPLY UNLESS ALL NOTICES GIVEN
25 UNDER THIS CHAPTER CONTAIN A COPY OF SUBSECTION (2).
26 SEC. 600. (1) THE COMMISSION, ITS ADVISORY BOARD, OR AN
27 EXECUTIVE COMMITTEE IS NOT AUTHORIZED TO PERFORM A DUTY,
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1 SPECIFICALLY DELEGATED TO A DRAIN COMMISSIONER OR DRAINAGE BOARD
2 UNDER THIS ACT.
3 (2) THE COMMISSION, ITS ADVISORY BOARD, OR AN EXECUTIVE COM-
4 MITTEE IS NOT GOVERNED BY THE PROCEDURAL OR OTHER PROVISIONS CON-
5 TAINED IN THIS ACT OTHER THAN THIS CHAPTER EXCEPT AS OTHERWISE
6 SPECIFIED. HOWEVER, IF NOT CONTRARY TO THE EXPRESSED PROVISIONS
7 OF THIS CHAPTER, ANY PROVISION OR PROVISIONS IN OTHER CHAPTERS OF
8 THIS ACT MAY BE INCORPORATED BY RECITAL OR BY REFERENCES INTO ANY
9 ORDER OR RESOLUTION OF THE COMMISSION.
10 Sec. 601. If any commissioner is interested directly or
11 indirectly in the profits of any contract, job, work or services,
12 other than official services, to be performed for the drainage
13 district, he is deemed to be guilty of a misdemeanor, and the
14 office of such commissioner shall be deemed vacant and the com-
15 missioner so convicted shall be incapable of again holding the
16 office of county drain commissioner. ANY ASSESSMENTS MADE UNDER
17 THIS CHAPTER DO NOT CONSTITUTE INDEBTEDNESS OF A PUBLIC CORPORA-
18 TION FOR PURPOSES OF ANY CHARTER, STATUTORY, OR CONSTITUTIONAL
19 DEBT LIMITATION. TAXES LEVIED BY A PUBLIC CORPORATION FOR THE
20 PAYMENT OF SUCH ASSESSMENTS ARE NOT WITHIN A STATUTORY OR CHARTER
21 TAX LIMITATION.
22 Sec. 602. If any person shall wilfully or maliciously
23 remove any section or grade stake set along the line of any
24 drain, or obstruct or injure any drain, he shall be deemed guilty
25 of a misdemeanor, and upon conviction thereof shall be punished
26 by a fine not exceeding $100.00 and the costs of prosecution, or
27 in default of the payment thereof, by imprisonment in the county
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1 jail not exceeding 90 days. THE COMMISSION MAY SECURE THE
2 NECESSARY LANDS OR RIGHTS-OF-WAY AS IDENTIFIED IN THE PLAN. SUCH
3 ACQUISITION SHALL BE BY NEGOTIATED PURCHASE OR RELEASE, OR BY
4 GIFT OR GRANT.
5 SEC. 603. (1) THE COMMISSION MAY ENTER A CONTRACT WITH ANY
6 FEDERAL AGENCY UNDER WHICH THE FEDERAL AGENCY WILL PAY THE WHOLE
7 OR ANY PART OF THE COST OF THE PLAN OR WILL PERFORM THE WHOLE OR
8 ANY PART OF THE WORK CONNECTED WITH THE PLAN.
9 (2) THE COMMISSION MAY ALSO CONTRACT WITH ANY PRIVATE OR
10 PUBLIC CORPORATION IN RESPECT TO ANY MATTER CONNECTED WITH THE
11 PLAN. SUCH A CONTRACT WITH A PUBLIC CORPORATION MAY PROVIDE THAT
12 ANY PAYMENTS MADE OR WORK DONE BY THE PUBLIC CORPORATION SHALL BE
13 IN LIEU OF ALL OR PART OF THE ASSESSMENTS FOR THE COST OF THE
14 PLAN.
15 SEC. 604. AFTER THE CONFIRMATION OF THE APPORTIONMENT, THE
16 COMMISSION SHALL DIRECT THE SECRETARY OF THE COMMISSION TO PRE-
17 PARE A SPECIAL ASSESSMENT ROLL ASSESSING THE ESTIMATED COST OF
18 THE PLAN, OR IF THE ACTUAL COST HAS BEEN ASCERTAINED, THE ACTUAL
19 COST AGAINST THE PUBLIC CORPORATIONS IN ACCORDANCE WITH THE CON-
20 FIRMED APPORTIONMENTS. THE COMMISSION MAY PROVIDE FOR THE PAY-
21 MENT OF THE SPECIAL ASSESSMENTS IN ANY NUMBER OF APPROXIMATELY
22 EQUAL ANNUAL INSTALLMENTS, NOT EXCEEDING 20. INSTALLMENTS OF
23 ASSESSMENTS AGAINST THE STATE AND AGAINST PUBLIC CORPORATIONS
24 WHICH COLLECT THEIR TAXES BEGINNING APPROXIMATELY DECEMBER 1 IN
25 EACH YEAR ARE DUE BY APRIL 1 OF EACH YEAR. INSTALLMENTS OF
26 ASSESSMENTS AGAINST PUBLIC CORPORATIONS ARE DUE BY THE DATE OR
27 DATES FIXED BY THE COMMISSION DEPENDING ON THE TIME OR TIMES FOR
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1 THE COLLECTION OF TAXES BY THE PUBLIC CORPORATIONS. THE
2 COMMISSION SHALL FIX THE RATE OF INTEREST TO BE PAID UPON UNPAID
3 INSTALLMENTS AT NOT MORE THAN 6%. INTEREST IS DUE ANNUALLY ON
4 THE DAY AND MONTH UPON WHICH THE ANNUAL INSTALLMENTS ARE DUE.
5 ANY INSTALLMENT OR INSTALLMENTS MAY BE PAID IN ADVANCE OF THE DUE
6 DATE WITH INTEREST COMPUTED TO THE NEXT INSTALLMENT DUE DATE.
7 THE COMMISSION SHALL FIX THE TIME OR TIMES FOR THE PAYMENT OF THE
8 FIRST INSTALLMENT SO THAT EACH PUBLIC CORPORATION MAY MAKE A TAX
9 LEVY FOR THE PAYMENT OF THE INSTALLMENT.
10 SEC. 605. (1) THE SPECIAL ASSESSMENT ROLL SHALL CONTAIN THE
11 NAME OF EACH PUBLIC CORPORATION ASSESSED; THE TOTAL ESTIMATED
12 COST OF THE PLAN, OR THE ACTUAL COST IF THE ACTUAL COST HAS BEEN
13 ASCERTAINED AT THE TIME OF THE PREPARATION OF THE ROLL; THE PER-
14 CENTAGE APPORTIONED TO EACH PUBLIC CORPORATION; THE AMOUNT OF THE
15 ASSESSMENT FOR EACH PUBLIC CORPORATION BASED UPON THE PERCENTAGE
16 OF APPORTIONMENT; AND THE AMOUNT OF EACH INSTALLMENT IF THE
17 ASSESSMENT IS DIVIDED INTO ANNUAL INSTALLMENTS. AFTER THE SECRE-
18 TARY PREPARES THE SPECIAL ASSESSMENT ROLL, THE SECRETARY SHALL
19 PRESENT THE SPECIAL ASSESSMENT ROLL TO THE COMMISSION FOR
20 APPROVAL. IF THE COMMISSION APPROVES THE ROLL, A STATEMENT TO
21 THAT EFFECT SETTING FORTH THE DATE OF APPROVAL SHALL BE SIGNED BY
22 THE CHAIRPERSON AND SECRETARY OF THE COMMISSION AND AFFIXED TO
23 THE ROLL.
24 (2) THE CHAIRPERSON OF THE COMMISSION SHALL THEN CERTIFY TO
25 EACH PUBLIC CORPORATION ASSESSED THE AMOUNT OF THE TOTAL ASSESS-
26 MENT AGAINST IT, THE AMOUNT OF THE VARIOUS INSTALLMENTS IF THE
27 ASSESSMENT IS DIVIDED INTO INSTALLMENTS, THE DUE DATE OF EACH
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1 INSTALLMENT, AND THE RATE OF INTEREST UPON UNPAID INSTALLMENTS.
2 THE TREASURER SHALL ALSO EACH YEAR, AT LEAST 30 DAYS BEFORE THE
3 TIME OF THE LEVYING OF TAXES BY EACH PUBLIC CORPORATION, NOTIFY
4 THE PUBLIC CORPORATION OF THE AMOUNT OF THE INSTALLMENT AND
5 INTEREST NEXT BECOMING DUE. HOWEVER, THE FAILURE TO SO NOTIFY
6 ANY PUBLIC CORPORATION DOES NOT EXCUSE IT FROM MAKING PAYMENT OF
7 THE INSTALLMENT AND INTEREST.
8 (3) ON OR BEFORE THE DUE DATE OF AN INSTALLMENT, EACH PUBLIC
9 CORPORATION SHALL PAY TO ITS COUNTY TREASURER THE AMOUNT OF THE
10 INSTALLMENT, TOGETHER WITH INTEREST ACCRUING TO THE DUE DATE.
11 WITHIN 15 DAYS AFTER RECEIVING A PAYMENT, THE COUNTY TREASURER
12 SHALL FORWARD THE AMOUNT SO PAID TO THE TREASURER OF THE
13 COMMISSION. IF A PUBLIC CORPORATION FAILS OR NEGLECTS TO PAY THE
14 COUNTY TREASURER THE AMOUNT OF THE INSTALLMENT AND INTEREST, THE
15 COUNTY TREASURER SHALL ADVANCE THE AMOUNT TO THE TREASURER OF THE
16 COMMISSION FROM COUNTY FUNDS AND DEDUCT THE AMOUNT FROM ANY
17 FUNDS, OTHER THAN THOSE PLEDGED FOR THE PAYMENT OF DEBTS, OF THE
18 PUBLIC CORPORATION. IF A COUNTY ADVANCED FUNDS FOR A PUBLIC COR-
19 PORATION UNDER THIS SECTION BUT HAD NOT BEEN REIMBURSED, THE
20 COUNTY BOARD OF COMMISSIONERS MAY ORDER THE PUBLIC CORPORATION
21 AND ITS OFFICERS TO LEVY UPON ITS NEXT TAX ROLL AN AMOUNT SUFFI-
22 CIENT TO MAKE SUCH REIMBURSEMENT ON OR BEFORE THE DATE WHEN ITS
23 TAXES BECOME DELINQUENT. THE PUBLIC CORPORATION AND ITS TAX
24 LEVYING AND COLLECTING OFFICIALS SHALL LEVY AND COLLECT SUCH
25 TAXES AND REIMBURSE THE COUNTY. NOTHING IN THIS SECTION PREVENTS
26 THE COUNTY FROM OBTAINING REIMBURSEMENT FROM ANY OTHER LEGAL
27 METHOD. THE TAX LEVYING OFFICIALS OF EACH OF THE PUBLIC
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1 CORPORATIONS ASSESSED SHALL LEVY SUFFICIENT TAXES TO PAY
2 ASSESSMENT INSTALLMENTS AND INTEREST AS THEY BECOME DUE UNLESS
3 SUFFICIENT MONEY HAS BEEN SET ASIDE.
4 (4) IF A SPECIAL ASSESSMENT ROLL IS PREPARED UPON THE BASIS
5 OF THE ESTIMATED COST OF THE PLAN, THEN AFTER THE ACTUAL COST HAS
6 BEEN ASCERTAINED AND DETERMINED BY THE COMMISSION, THE SPECIAL
7 ASSESSMENTS AND THE INSTALLMENTS SHALL BE CORRECTED BY ADDING ANY
8 DEFICIENCY OR DEDUCTING ANY EXCESS, OR REFUNDING THE AMOUNT OF
9 ANY PREPAID ASSESSMENTS IN EXCESS OF THE ASSESSMENT BASED UPON
10 ACTUAL COSTS. THE COMMISSION MAY ORDER SUCH CORRECTIONS TO BE
11 MADE UPON THE ORIGINAL ROLL OR MAY ORDER THAT A NEW CORRECTED
12 ROLL BE PREPARED AND SUBMITTED FOR APPROVAL BY THE COMMISSION.
13 SEC. 606. (1) NOT MORE THAN 30 DAYS AFTER THE ISSUANCE OF
14 THE FIRST ORDER OF DETERMINATION, THE LEGISLATIVE BODY OF A
15 PUBLIC CORPORATION MAY DETERMINE THAT A PART OF THE LAND IN THE
16 PUBLIC CORPORATION WILL BE ESPECIALLY BENEFITED BY A PROPOSED
17 DRAIN PROJECT AND THAT A SPECIAL ASSESSMENT, FEE, OR CHARGE
18 SHOULD BE LEVIED BY THE PUBLIC CORPORATION. IF THE LEGISLATIVE
19 BODY MAKES SUCH A DETERMINATION, IT SHALL FORWARD BY FIRST-CLASS
20 MAIL TO EACH PERSON WHOSE NAME AND ADDRESS APPEARS ON THE TAX
21 ROLLS AS OWNING LAND WITHIN THE PROPOSED DISTRICT, AT THE ADDRESS
22 SHOWN ON THE LAST TAX ASSESSMENT ROLL OF THE PUBLIC CORPORATION,
23 A NOTICE THAT CONTAINS ALL OF THE FOLLOWING:
24 (A) A GENERAL DESCRIPTION OF THE PLAN.
25 (B) EXPECTED BENEFITS OF THE PLAN.
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1 (C) NOTICE THAT THE PLAN IS TO BE FULLY OR PARTLY FINANCED
2 BY SPECIAL ASSESSMENT AGAINST PROPERTY OWNERS WITHIN THE PROPOSED
3 SPECIAL ASSESSMENT DISTRICT.
4 (D) A STATEMENT THAT ALTERNATIVE PLANS OF FINANCING THE PRO-
5 POSED PROJECT WILL BE ON THE MEETING AGENDA.
6 (E) NOTICE OF THE TIME, DATE, AND PLACE OF A MEETING TO BE
7 HELD BY THE LEGISLATIVE BODY OF THE PUBLIC CORPORATION TO HEAR
8 OBJECTIONS TO THE PROPOSED PLAN OR SPECIAL ASSESSMENT TO BE
9 LEVIED UNDER THIS SECTION. NOTICE PRESCRIBED IN THIS SUBPARA-
10 GRAPH SHALL BE MAILED NOT LESS THAN 10 DAYS BEFORE THE MEETING,
11 AND, IN ADDITION, SHALL BE GIVEN IN THE MANNER PRESCRIBED BY THE
12 OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 15.275, AND SHALL
13 BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE PUBLIC
14 CORPORATION.
15 (2) THE LEGISLATIVE BODY SHALL MAKE AN AFFIDAVIT OF THE
16 MAILING AND SHALL RECITE IN THE AFFIDAVIT THAT THE PERSONS TO
17 WHOM THE NOTICE WAS MAILED CONSTITUTE ALL OF THE PERSONS WHOSE
18 NAMES AND ADDRESSES APPEAR UPON THE TAX ROLLS AS OWNING LAND
19 WITHIN THE PROPOSED SPECIAL ASSESSMENT DISTRICT. THE AFFIDAVIT
20 IS CONCLUSIVE PROOF THAT NOTICE WAS MAILED TO EACH PERSON TO WHOM
21 NOTICE IS REQUIRED TO BE MAILED BY THIS SECTION. THE FAILURE TO
22 RECEIVE A NOTICE BY MAIL DOES NOT CONSTITUTE A JURISDICTIONAL
23 DEFECT INVALIDATING A WATERSHED MANAGEMENT DISTRICT OR SPECIAL
24 ASSESSMENT, IF NOTICE HAS BEEN SENT BY FIRST-CLASS MAIL AS PRO-
25 VIDED IN THIS SECTION.
26 (3) THE LEGISLATIVE BODY SHALL HOLD A MEETING AS DESCRIBED
27 IN SUBSECTION (1)(E) TO RECEIVE INFORMATION FROM THE PUBLIC ON
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1 THE ADVISABILITY OF PROCEEDING WITH THE PROPOSED SPECIAL
2 ASSESSMENT. THE MEETING SHALL BE HELD IN THE MANNER PRESCRIBED
3 BY THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 15.275.
4 (4) AFTER DETERMINING BY RESOLUTION TO PROCEED WITH THE SPE-
5 CIAL ASSESSMENT, THE SPECIAL ASSESSMENT SHALL BE MADE UNDER THE
6 STATUTORY OR CHARTER PROVISIONS GOVERNING SPECIAL ASSESSMENTS IN
7 THE PUBLIC CORPORATION TO THE EXTENT APPLICABLE. THE LEGISLATIVE
8 BODY SHALL CAUSE A SPECIAL ASSESSMENT ROLL TO BE PREPARED. AFTER
9 THE SPECIAL ASSESSMENT ROLL IS PREPARED, THE PROCEEDINGS WITH
10 RESPECT TO THE SPECIAL ASSESSMENT ROLL AND THE MAKING AND COLLEC-
11 TION OF THE SPECIAL ASSESSMENTS SHALL BE CONDUCTED PURSUANT TO
12 THE STATUTE OR CHARTER GOVERNING SPECIAL ASSESSMENTS IN THE
13 PUBLIC CORPORATION. HOWEVER, THE TOTAL ASSESSMENT MAY BE DIVIDED
14 INTO NOT MORE THAN 30 INSTALLMENTS, AND A PERSON ASSESSED, AT THE
15 HEARING UPON THE SPECIAL ASSESSMENT ROLL PREPARED BY THE PUBLIC
16 CORPORATION, MAY OBJECT TO THE SPECIAL ASSESSMENT DISTRICT PREVI-
17 OUSLY ESTABLISHED BY THE PUBLIC CORPORATION. DUE CONSIDERATION
18 SHALL BE GIVEN TO THE OBJECTIONS. A HEARING HELD UNDER THIS SEC-
19 TION SHALL NOT TAKE THE PLACE OF A MEETING REQUIRED UNDER SUBSEC-
20 TION (3), UNLESS NOTICE IS PREPARED AND MAILED IN THE MANNER PRE-
21 SCRIBED BY SUBSECTION (1)(E).
22 (5) IF A SPECIAL ASSESSMENT IS LEVIED UNDER THIS SECTION,
23 ALL COLLECTIONS FROM THE SPECIAL ASSESSMENT SHALL BE USED TOWARDS
24 THE PAYMENT OF THE ASSESSMENT AGAINST THE PUBLIC CORPORATION.
25 EACH ANNUAL LEVY MADE FOR THE PAYMENT OF THE ASSESSMENT AGAINST
26 THE PUBLIC CORPORATION SHALL BE REDUCED BY THE AMOUNT OF MONEY
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1 THEN ON HAND FROM SPECIAL ASSESSMENT COLLECTIONS AVAILABLE FOR
2 THIS USE.
3 (6) THIS SECTION DOES NOT PREVENT THE ASSESSMENT OF PUBLIC
4 CORPORATIONS AT LARGE UNDER THIS CHAPTER. INSTEAD OF OR IN ADDI-
5 TION TO LEVYING SPECIAL ASSESSMENTS, THE PUBLIC CORPORATION,
6 UNDER THE SAME CONDITIONS AND FOR THE SAME PURPOSE, MAY EXACT
7 CONNECTION, READINESS TO SERVE, AVAILABILITY, OR SERVICE CHARGES
8 TO BE PAID BY OWNERS OF LAND DIRECTLY OR INDIRECTLY CONNECTED
9 WITH THE PLAN SUBJECT TO THE PROCEDURES IN SUBSECTIONS (1) TO
10 (3).
11 SEC. 607. (1) THE COMMISSION MAY ISSUE BONDS OR NOTES FOR
12 AND ON BEHALF OF THE WATERSHED MANAGEMENT DISTRICT, IN ANTICIPA-
13 TION OF THE COLLECTION OF ANY OR ALL INSTALLMENTS OF ASSESSMENTS,
14 AND PLEDGE THE FULL FAITH AND CREDIT OF THE DISTRICT FOR THE
15 PROMPT PAYMENT OF THE PRINCIPAL AND INTEREST.
16 (2) A DISTRICT MAY BORROW MONEY OR ACCEPT THE ADVANCE OF
17 WORK, MATERIAL, OR MONEY FROM A PUBLIC OR PRIVATE CORPORATION,
18 PARTNERSHIP, ASSOCIATION, INDIVIDUAL, OR ANY AGENCY OF THE FED-
19 ERAL GOVERNMENT FOR PAYMENT FOR THE PREPARATION OR IMPLEMENTATION
20 OF THE PLAN AND BE REIMBURSED BY THE DISTRICT, WITH OR WITHOUT
21 INTEREST AS MAY BE AGREED, WHEN FUNDS ARE AVAILABLE. THE OBLIGA-
22 TION OF THE DISTRICT TO MAKE THE REPAYMENT OR REIMBURSEMENT MAY
23 BE EVIDENCED BY A CONTRACT OR NOTE. THE CONTRACT OR NOTE MAY
24 PLEDGE THE FULL FAITH AND CREDIT OF THE DRAINAGE DISTRICT AND MAY
25 BE MADE PAYABLE OUT OF THE ASSESSMENTS MADE AGAINST PUBLIC CORPO-
26 RATIONS OR OUT OF ANY OTHER AVAILABLE FUNDS, AND THE CONTRACT OR
27 NOTE SHALL NOT BE CONSIDERED TO BE AN OBLIGATION WITHIN THE
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1 MEANING OF THE MUNICIPAL FINANCE ACT, 1943 PA 202, MCL 131.1 TO
2 139.3. THE TOTAL AMOUNT OF PRINCIPAL OWED FOR OBLIGATIONS UNDER
3 THIS SECTION SHALL NOT EXCEED $600,000.00.
4 (3) THIS SECTION DOES NOT APPLY TO ADVANCES OR LOANS MADE BY
5 ANY PUBLIC CORPORATION, THE FEDERAL GOVERNMENT, OR ANY AGENCY OF
6 THE FEDERAL GOVERNMENT.
7 (4) A COUNTY BOARD OF COMMISSIONERS BY A MAJORITY VOTE OF
8 2/3 OF ITS MEMBERS MAY PLEDGE THE FULL FAITH AND CREDIT OF A
9 COUNTY FOR THE PAYMENT OF A NOTE OF THE DISTRICT.
10 SEC. 608. IF THE ORIGINAL ASSESSMENT IS INSUFFICIENT TO PAY
11 THE PRINCIPAL AND INTEREST ON BONDS AND NOTES ISSUED IN ANTICIPA-
12 TION OF THE COLLECTION, THEN THE COMMISSION SHALL MAKE SUCH ADDI-
13 TIONAL ASSESSMENTS, AS NECESSARY. THE ADDITIONAL ASSESSMENTS
14 SHALL BE APPORTIONED TO THE SAME PUBLIC CORPORATIONS IN THE SAME
15 RELATIVE AMOUNTS AS THE ORIGINAL ASSESSMENTS.
16 SEC. 615. IF A COMMISSIONER IS INTERESTED DIRECTLY OR INDI-
17 RECTLY IN THE PROFITS OF A CONTRACT, JOB, WORK, OR SERVICES,
18 OTHER THAN OFFICIAL SERVICES, TO BE PERFORMED FOR THE DISTRICT,
19 HE OR SHE IS GUILTY OF A MISDEMEANOR. UPON CONVICTION, HIS OR
20 HER OFFICE IS VACATED AND HE OR SHE IS INELIGIBLE TO AGAIN HOLD
21 THE OFFICE OF COMMISSIONER.
22 SEC. 616. IF ANY PERSON WILLFULLY OR MALICIOUSLY REMOVES
23 ANY SECTION OR GRADE STAKE SET ALONG THE LINE OF ANY DRAIN, OR
24 OBSTRUCTS OR DAMAGES A DRAIN, HE OR SHE IS GUILTY OF A MISDEMEAN-
25 OR, PUNISHABLE BY A FINE OF NOT MORE THAN $100.00 AND THE COSTS
26 OF PROSECUTION, OR IN DEFAULT OF THE PAYMENT OF THE FINE, BY
27 IMPRISONMENT FOR NOT MORE THAN 90 DAYS.
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1 Enacting section 1. Sections 4, 5, 78 to 88, 129, 246, 271,
2 272, 281, 325, 353, 356, 427, 428, 434, 443, 445, 448, 461, 480,
3 492 to 495, 498, 511, 533, 542, 543, 544, 545, and 551 to 583 of
4 the drain code of 1956, 1956 PA 40, MCL 280.4, 280.5, 280.78 to
5 280.88, 280.129, 280.246, 280.271, 280.272, 280.281, 280.325,
6 280.353, 280.356, 280.427, 280.428, 280.434, 280.443, 280.445,
7 280.448, 280.461, 280.480, 280.492 to 280.495, 280.498, 280.511,
8 280.533, 280.542, 280.543, 280.544, 280.545, and 280.551 to
9 280.583, are repealed.
01117'97 Final page. TMV