April 9, 2003, Introduced by Reps. Howell, Meyer, Ehardt, Emmons and Wenke and referred to the Committee on Agriculture and Resource Management.
A bill to amend 1956 PA 40, entitled
"The drain code of 1956,"
by amending sections 1, 2, 3, 6, 8, 10, 12, 21, 23, 24, 25, 26,
27, 28, 29, 30, 31, 32, 33, 51, 52, 53, 54, 101, 102, 103, 104,
105, 106, 151, 152, 153, 154, 155, 156, 157, 158, 161, 191, 192,
199, 200, 221, 222, 223, 241, 242, 243, 244, 245, 247, 261, 262,
263, 265, 266, 267, 269, 270, 273, 274, 275, 276, 277, 278, 279,
280, 282, 283, 301, 302, 303, 304, 306, 307, 322, 322b, 323, 324,
326, 327, 328, 391, 392, 393, 395, 421, 422, 423, 425, 429, 430,
431, 433, 463, 464, 465, 466, 467, 468, 469, 472, 473, 474, 476,
478, 483, 490, 491, 499, 513, 515, 517, 518, 519, 520, 521, 524,
525, 532, 540, 541, 601, 602, 622, 626, and 627 (MCL 280.1,
280.2, 280.3, 280.6, 280.8, 280.10, 280.12, 280.21, 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, 280.101, 280.102,
280.103, 280.104, 280.105, 280.106, 280.151, 280.152, 280.153,
280.154, 280.155, 280.156, 280.157, 280.158, 280.161, 280.191,
280.192, 280.199, 280.200, 280.221, 280.222, 280.223, 280.241,
280.242, 280.243, 280.244, 280.245, 280.247, 280.261, 280.262,
280.263, 280.265, 280.266, 280.267, 280.269, 280.270, 280.273,
280.274, 280.275, 280.276, 280.277, 280.278, 280.279, 280.280,
280.282, 280.283, 280.301, 280.302, 280.303, 280.304, 280.306,
280.307, 280.322, 280.322b, 280.323, 280.324, 280.326, 280.327,
280.328, 280.391, 280.392, 280.393, 280.395, 280.421, 280.422,
280.423, 280.425, 280.429, 280.430, 280.431, 280.433, 280.463,
280.464, 280.465, 280.466, 280.467, 280.468, 280.469, 280.472,
280.473, 280.474, 280.476, 280.478, 280.483, 280.490, 280.491,
280.499, 280.513, 280.515, 280.517, 280.518, 280.519, 280.520,
280.521, 280.524, 280.525, 280.532, 280.540, 280.541, 280.601,
280.602, 280.622, 280.626, and 280.627), sections 21 and 464 as
amended by 1989 PA 134, section 33 as amended by 1982 PA 356,
section 223 as amended by 1989 PA 61, sections 275, 278, and 280
as amended by 2002 PA 406, section 282 as amended by 1984 PA 80,
sections 283 and 499 as amended by 1989 PA 149, section 323 as
amended by 2002 PA 353, section 423 as amended by 1996 PA 552,
and section 433 as amended by 1982 PA 449, and by adding sections
7, 7a, 7b, 7c, 13, 14, 34, 35, 36, 53a, 55, 56, 57, 58, 59, 60,
61, 62, 63, 103a, 107, 108, 109, 110, 111, 112, 113, 114, 115,
116, 117, 201, 275a, 277a, 329, 330, 467a, 467b, 474a, 500, 519a,
and 603; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1
CHAPTER 1 .
1 DRAINS.
GENERAL PROVISIONS
2 Sec. 1. This act
shall be known and may be cited as " the
3 "drain code".
of 1956".
4 Sec. 2. Drains
including branches may be located,
5 established,
constructed and maintained, and existing drains,
6 creeks, rivers and
watercourses and their branches, or
7 tributaries whether
located, established and constructed by a
8 county drain
commissioner or drainage board or by a city, village
9 or township, may be
cleaned out, straightened, widened, deepened,
10 extended,
consolidated, relocated, tiled, connected and relocated
11 along a highway, or
there may be provided for the same structures
12 or mechanical devices
that will properly purify or improve the
13 flow of the drain or
pumping equipment necessary to assist or
14 relieve the flow of
the drain, or 1 or more branches may be added
15 thereto, by petition
under the provisions of this act, whenever
16 the same shall be
conducive to the public health, convenience and
17 welfare. As used in this act:
18 (a) "Agency" includes an officer, board, commission, and
19 other body created by a public corporation or by the federal
20 government, authorized to act in his, her, or its own name.
21 (b) "Benefit" or "benefits" means advantages resulting from a
22 project to public corporations, the residents of this state, and
23 property within this state. Benefit may include advantages that
24 result from elimination of pollution and elimination of flood
25 damage, or elimination of water conditions that jeopardize the
26 public health or safety; increase or decrease of the value or use
27 of lands and property resulting from the project; and the
1 positive or negative consequences of the project for individual
2 parcels of land which may include, but need not be limited to, 1
3 or more of the following:
4 (i) Increase or decrease in natural resource values.
5 (ii) Increase or decrease in flooding.
6 (iii) The amount and quality of runoff from land entering a
7 drain as determined by applicable factors including, but not
8 limited to, the following:
9 (A) The depth, character, and quality of surface and
10 subsurface soils of the land.
11 (B) The amount of impervious surface on the land.
12 (C) Whether the act or omission of a person increases or
13 decreases the need for the project.
14 (D) Whether the act or omission of a person improves or
15 degrades the water quality.
16 (c) "County drain" means a drain that provides drainage or
17 serves lands in only 1 county and has lands in only 1 county that
18 may be subject to assessment.
19 (d) "County drain commissioner", "drain commissioner", or,
20 unless the context clearly indicates otherwise, "commissioner"
21 means 1 of the following:
22 (i) The elected county drain commissioner or the person or
23 persons designated to perform the duties of the elected county
24 drain commissioner as provided by this act.
25 (ii) A public works commissioner described in section 21.
26 (iii) The official or body lawfully designated by charter to
27 exercise the powers and perform the duties of a county drain
1 commissioner in a county organized under 1966 PA 293, MCL 45.501
2 to 45.521.
3 (e) "Director of agriculture" means the director of the
4 department of agriculture or his or her designee, subject to
5 section 13.
6 (f) "Director of transportation" means the director of the
7 state transportation department or his or her designee, subject
8 to section 13.
9 (g) "Drain" means any of the following if established
10 pursuant to this act:
11 (i) The main stream or trunk or a tributary or branch of a
12 creek or river.
13 (ii) A watercourse or ditch, either open or closed.
14 (iii) A covered drain.
15 (iv) A sanitary or a combined sanitary and storm sewer or
16 storm sewer or conduit.
17 (v) A structure or mechanical device to purify or improve the
18 flow of a drain.
19 (vi) Pumping equipment necessary to assist or relieve the
20 flow of a drain.
21 (vii) Any dam, levee, dike, or barrier for drainage or to
22 purify or improve the flow of a drain.
23 (viii) Storm water storage, detention, or retention
24 facilities.
25 (h) "Drain" does not include any dam and connected flowage
26 rights used for the generation of power by a public utility
27 subject to regulation by the public service commission.
1 (i) "Drainage district" means the area described in the final
2 order of determination or, for a proposed drain for which a final
3 order of determination has not been made, the area that would be
4 drained by the proposed drain. Once established, a drainage
5 district is a body corporate with power to contract, to sue and
6 to be sued, and to hold, manage, and dispose of real and personal
7 property, in addition to any other powers conferred upon it by
8 law.
9 (j) "Engineer" means a professional engineer licensed under
10 article 20 of the occupational code, 1980 PA 299, MCL 339.2001 to
11 339.2014.
12 (k) "Improvement" means and "improve" refers to any of the
13 following with respect to the drain if the drain or that portion
14 of the drain has actually been constructed or established:
15 (i) Relocating, widening, deepening, straightening, tiling,
16 extending, or adding branches to a drain.
17 (ii) Providing dams, levees, dikes, barriers, structures, or
18 mechanical devices that will properly purify, control, or improve
19 the flow of a drain.
20 (iii) Providing pumping equipment or constructing relief
21 drains necessary to assist or relieve the flow of a drain.
22 (l) "Intercounty drain" means a drain that provides drainage
23 or serves lands in more than 1 county that may be subject to
24 assessment.
25 (m) "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. If there is more
1 than 1 person with a fee interest or land contract vendee's
2 interest in land, each such person is a separate landowner, but
3 only 1 such person shall sign a petition under this act.
4 (n) "Maintenance" and "maintain" refer to any of the
5 following if within the capacity of a drain as previously
6 established or constructed:
7 (i) Maintaining a drain or drains in working order to
8 continue a normal flow of water, including but not limited to the
9 maintenance, repair, or replacement of and utility service for
10 pumping stations, sewage treatment facilities, or mechanical
11 devices.
12 (ii) Cleaning out a drain or drains.
13 (iii) Keeping a drain or drains free from rubbish, debris,
14 siltation, or obstructions.
15 (iv) Repairing a portion or all of a tile, drain, or drains
16 to continue the normal flow of water.
17 (v) Restoration of previously established depths, bottom
18 widths, and grade based on records maintained at the office of
19 the drain commissioner.
20 (vi) Erosion repair and control.
21 (vii) Erosion and sedimentation control.
22 (viii) Maintenance, repair, or replacement of levees, dikes,
23 dams, and retention and detention basins.
24 (ix) Maintenance, repair, or replacement of structures, such
25 as bridges, culverts, or fords, that have diminished the capacity
26 of the drain or that are or may become unstable or unsafe.
27 (x) Removal and disposal of contaminated material.
1 (xi) Removal of obstructions downstream for the purpose of
2 restoring adequate outlet for lands within an existing drainage
3 district or districts, subject to section 422.
4 (xii) Activities associated with maintenance described in
5 subparagraphs (i) through (xi).
6 (xiii) Activity under part 91 of the natural resources and
7 environmental protection act, 1994 PA 451, MCL 324.9101 to
8 324.9123a.
9 (o) "Municipality" means a county, city, village, or
10 township, or an authority with power to levy a tax created by any
11 of these.
12 (p) "Person" means an individual, partnership, corporation,
13 association, governmental entity, or other legal entity.
14 (q) "Project" means work undertaken as a result of petition
15 and an order of necessity or undertaken as maintenance on a drain
16 pursuant to section 199.
17 (r) "Public corporation" means a state department or agency,
18 including, but not limited to, a college or university described
19 in section 4, 5, or 6 of article VIII of the state constitution
20 of 1963; an authority created by or pursuant to state law; a
21 junior college or community college established pursuant to
22 section 7 of article VIII of the state constitution of 1963; a
23 school district; or a municipality. However, in chapters 20 and
24 21, public corporation means a city, village, or township; with
25 respect to a state trunk line highway, this state; or with
26 respect to a county road, the county.
27 (s) "Roadway" means a state trunk line highway, county road,
1 city or village street, or a road under the jurisdiction of a
2 township.
3 (t) "Roadway authority" means, with respect to a state trunk
4 line highway, the state transportation commission or the director
5 of transportation; with respect to a county road, the board of
6 county road commissioners, the county executive, or other agency
7 acting as the county road commission; with respect to a city or
8 village street, the city or village; and with respect to a road
9 under township jurisdiction, the township.
10 (u) "Surveyor" means a professional surveyor licensed under
11 article 20 of the occupational code, 1980 PA 299, MCL 339.2001 to
12 339.2014.
13 Sec. 3. The word
"drain", whenever used in this act, shall
14 include the main
stream or trunk and all tributaries or branches
15 of any creek or river,
any watercourse or ditch, either open or
16 closed, any covered
drain, any sanitary or any combined sanitary
17 and storm sewer or
storm sewer or conduit composed of tile,
18 brick, concrete, or
other material, any structures or mechanical
19 devices, that will
properly purify the flow of such drains, any
20 pumping equipment
necessary to assist or relieve the flow of such
21 drains and any levee,
dike, barrier, or a combination of any or
22 all of same
constructed, or proposed to be constructed, for the
23 purpose of drainage or
for the purification of the flow of such
24 drains, but shall not
include any dam and flowage rights used in
25 connection therewith
which is used for the generation of power by
26 a public utility
subject to regulation by the public service
27 commission.
1 (1) A drain may be established, constructed, maintained, and
2 improved consistent with the provisions of this act.
3 (2) Each commissioner, each drainage board, and the director
4 of agriculture shall, as part of any drain construction or
5 improvement project, do all of the following:
6 (a) Protect water quality, headwaters, main branches, and
7 tributaries and protect the hydraulic capacity of floodplains and
8 floodways in new drains, improvements, and maintenance projects.
9 (b) Avoid, minimize, and mitigate impacts of new drains,
10 improvements, and maintenance on land or interests in land,
11 including, but not limited to, easements, owned for preservation
12 or conservation purposes by a public corporation or private
13 nonprofit organization.
14 (c) Incorporate flow patterns into criteria for drain design
15 and storm water management.
16 (d) Make on-site retention and detention of storm water a
17 priority.
18 (e) Utilize applicable management practices adopted by the
19 commission of agriculture in new drains, improvements, and
20 maintenance projects. The commission of agriculture shall adopt
21 management practices on or before the expiration of 2 years after
22 the effective date of the 2003 amendatory act that amended this
23 section. The commission of agriculture shall adopt and may
24 revise the management practices after doing both of the
25 following:
26 (i) Consulting with the department of natural resources, the
27 department of environmental quality, public corporations, and
1 interested drain commissioners.
2 (ii) Holding at least 1 appropriately noticed public hearing
3 on the proposed management practices or revisions.
4 (f) Evaluate the impacts of the project on natural resources
5 and identify appropriate measures to minimize adverse impacts.
6 (g) Obtain any permits required under the natural resources
7 and environmental protection act, 1994 PA 451, MCL 324.101 to
8 324.90106.
9 Sec. 6. All established
drains regularly located and
10 established in
pursuance of under law existing in effect at
11 the time of location
and establishment and visibly in
12 existence, which were
established as drains, and or all drains
13 visibly in existence in
written drain easements, or
14 rights-of-way, orders, or other records, such as maps,
15 engineering plans, survey or construction records, or
16 apportionment, assessment, or procedural records, on file in the
17 office of the
commissioner, shall be deemed are public drains
18 located and shall be presumed to have been established
under
19 law. The easements and the drains shall be presumed to have been
20 located in public easements or rights-of-way which are valid and
21 binding against any owners
of any persons making a claim on the
22 basis of ownership of a
property interest who became or
23 hereafter become such owners after the location and
24 establishment of the drain or the existence of the drain became
25 visible or the written
drain easement, or right-of-way, or
26 order was executed.
, and the The commissioner or drainage
27 board may use, enter upon,
and preserve such the easement or
1 right-of-way for
maintenance and improvement of the visible
2 drain and any other
lawful activity with respect to the same
3 drain not requiring a larger or different easement or
4 right-of-way and may exercise any rights granted in the written
5 easement, or right-of-way,
or order on file in the office of
6 the drain
commissioner. Easements or rights-of-way , or
7 portions of easements or
rights-of-way , no longer necessary
8 for drainage purposes may
be conveyed or released to the fee
9 owners landowners by the commissioner or drainage
board on
10 behalf of the drainage
district. The drain commissioner or
11 drainage board shall
give at least 30 days' notice of the
12 intention to release
the excess easements by publishing a notice
13 in a newspaper of
general circulation in the county or a
14 newspaper of general
circulation where the drainage district
15 boundaries are
located. This notice shall give a general
16 description of the
excess easements to be released and the date
17 any taxpayers may
appear to protest said release. After said
18 date if no protests
are received, the drain commissioner or
19 drainage board may
release said excess easements or portions
20 thereof not necessary
for drainage purposes.
21 Sec. 7. (1) For the purposes of this act, a drain
22 commissioner or drainage board may acquire property or a property
23 interest, including, but not limited to, land, easements, and
24 rights of way. The property or a property interest may be
25 acquired by gift, grant, dedication, purchase, or condemnation
26 under the uniform condemnation procedures act, 1980 PA 87, MCL
27 213.51 to 213.75.
1 (2) A release of right-of-way negotiated by the drain
2 commissioner after the effective date of the 2003 amendatory act
3 that added this section shall describe the land to be granted or
4 conveyed including ground necessary for the deposit of drainage
5 excavations. If a portion of a drain is located within a
6 roadway, or public place, then a resolution of the roadway
7 authority or the governing body having jurisdiction over the
8 public place, respectively, granting leave to construct the drain
9 therein and designating the place to be traversed by the drain,
10 is a sufficient release of the right-of-way, under this act.
11 (3) A county drain or intercounty drain may be laid within or
12 across the right-of-way of a roadway if the drain commissioner or
13 drainage board, respectively, obtains a permit from the roadway
14 authority.
15 (4) If the federal government is participating in a project
16 under this act, property or a property interest for the project
17 may be acquired by the federal government under applicable
18 federal law. Except as provided in section 431, the cost for the
19 federal government to acquire the property or a property interest
20 shall be considered a part of the cost of the project as if the
21 property or a property interest were acquired under subsection
22 (1).
23 Sec. 7a. (1) If a drain commissioner or drainage board
24 acquires property or an interest in property after the effective
25 date of the amendatory act that amended section 1 in connection
26 with any proposed drain or drains, the drain commissioner or
27 drainage board shall record the property or interest in property
1 in the office of the register of deeds.
2 (2) Property or an interest in property acquired at any time
3 in connection with an existing drain shall be recorded in the
4 office of the register of deeds when the drain is maintained,
5 improved, or consolidated. Provided, however, the property or
6 interest in property for all established drains under the
7 jurisdiction and control of the drain commissioner shall be
8 recorded in the office of the register of deeds not later than 10
9 years after the effective date of the amendatory act that added
10 this section. If a drain is consolidated, any easements granted
11 to the separate drainage districts shall be considered to be
12 assigned to the consolidated drainage district with full force
13 and effect of law as originally granted.
14 (3) The drain commissioner may contract for services in order
15 to accomplish the recording required under this section.
16 (4) The cost of recording and contracted services under this
17 section shall be paid by the drainage district.
18 Sec. 7b. A certificate, report, or determination authorized
19 or required by this act, or the record thereof, or a certified
20 copy of any such certificate, report, or determination or record,
21 is prima facie evidence of the facts recited therein, of the
22 title to the property described or referred to, and of the right
23 of the drainage board or commissioner to take the property for
24 drain purposes.
25 Sec. 7c. The owner of any land over, through, or across
26 which a drainage district has acquired an easement or
27 right-of-way for the construction and maintenance of an open or
1 covered drain shall not use the land within the easement or
2 right-of-way in a manner that will interfere with the operation
3 of the drain, that will increase the cost to the district of
4 performing work on the drain, or that is otherwise inconsistent
5 with the easement or right-of-way of the district. A landowner
6 who violates this section is subject to section 421.
7 Sec. 8. (1) The
business which performed by and any
8 hearing held by a board
or commission committee created
9 pursuant to this act ,
or a body of special commissioners
10 appointed pursuant to
this act, may perform shall be
conducted
11 at a public meeting of
the board , commission, or body of
12 special commissioners or committee held in compliance with Act
13 No. 267 of the Public
Acts of 1976, being sections 15.261 to
14 15.275 of the Michigan
Compiled Laws the open meetings
act, 1976
15 PA 267, MCL 15.261 to 15.275. Public notice of the time, date,
16 and place of the meeting shall be given in the manner required by
17 Act No. 267 of the
Public Acts of 1976 the open
meetings act,
18 1976 PA 267, MCL 15.261 to 15.275.
19 (2) In addition to the requirements of subsection (1) and
20 except as otherwise provided in this act, notice of public
21 hearings for the board of determination, day of review, or board
22 of review; hearings of practicability and necessity of the
23 drainage board, the receiving of bids, and the review of
24 apportionments; notice of an order under section 151 changing the
25 name or number of a drain or the boundaries of a drainage
26 district; and notice of an order under section 199(1) for
27 inspection of a drain at least every 3 years shall be sent by
1 first-class mail to all landowners other than public corporations
2 subject to an assessment in the drainage district or proposed
3 drainage district at the address in the last city, village, or
4 township tax assessment roll. If a public corporation other than
5 a state department may be subject to an assessment for the drain,
6 notice shall be personally delivered or sent by first-class mail
7 to the governing body of the public corporation. If a state
8 department may be subject to an assessment for the drain, notice
9 shall be personally delivered or sent by first-class mail to the
10 head of the state department. However, if the head of the state
11 department is a commission, notice shall be personally delivered
12 or sent by first-class mail to the principal executive officer of
13 the state department. Notice shall also be personally delivered
14 or sent by first-class mail to the director of transportation,
15 the director of the department of natural resources, the director
16 of the department of environmental quality, and the board of
17 county road commissioners. Notice of a change in route of the
18 drain after the first order of determination shall be delivered
19 in the manner provided in this subsection but need only be
20 delivered to landowners whose lands will be affected as a result
21 of the change of route. In addition, notice of a hearing of a
22 drainage board under section 467, 467b, or 519a or of an
23 augmented drainage board under section 519 shall also be sent by
24 first-class mail to all landowners whose land may be traversed or
25 bordered by the proposed drain. The notice shall be mailed as
26 follows:
27 (a) For a hearing under section 467 or 469, not less than 21
1 days before the date of the hearing.
2 (b) For any other proceeding, not less than 14 days before
3 the date of the proceeding.
4 (c) For a change in route of the drain after the first order
5 of determination, not more than 14 days after the approval of the
6 route.
7 (d) For an order under section 151 changing the name or
8 number of a drain or the boundaries of a drainage district or an
9 order under section 199(2), not more than 14 days after entry of
10 the order.
11 (3) The person giving notice shall make an affidavit of the
12 mailing and shall recite in the affidavit that the persons to
13 whom the notice was mailed constitute all of the persons whose
14 names and addresses appear upon the tax rolls as owning land
15 within the drainage district or proposed drainage district and
16 who are entitled to notice under this section. The affidavit of
17 mailing is conclusive proof that notice of a public hearing
18 described in subsection (2) was mailed according to this act.
19 Failure to receive a notice by mail is not a jurisdictional
20 defect invalidating a drain proceeding or special assessment if
21 notice has been sent as provided in this act.
22 (4) The notice described in subsection (2) shall be posted in
23 the office of each drain commissioner involved by the date by
24 which publication is first required.
25 (5) Notice of a public hearing described in subsection (2)
26 shall be published in a newspaper of general circulation in the
27 drainage district. The notice shall be published at least once,
1 not less than 14 days before the date of the proceeding.
2 However, for a hearing under section 467 or 469, notice shall be
3 published at least twice, with the first publication not less
4 than 21 days before the date of the hearing.
5 (6) Notice of a public hearing described in subsection (2)
6 shall be published in a newspaper of general circulation in the
7 drainage district. The notice of a hearing described in
8 subsection (2) shall set forth the time, date, place, and purpose
9 of the meeting. If the hearing is for the board of
10 determination, day of review, or board of review, the notice
11 shall include the name, address, and telephone number of the
12 drain commissioner in the county where the proceeding will take
13 place. If the hearing is a hearing of practicability and
14 necessity of the drainage board, the notice shall include the
15 name, address, and telephone number of each of the members of the
16 drainage board. The notice shall explain the consequence of any
17 of the decisions made at the hearing and shall specify any appeal
18 period for the action taken. If the hearing is a hearing of
19 necessity of the board of determination or drainage board, the
20 notice shall also set forth all of the following:
21 (a) The relief requested by the petition.
22 (b) The reasons for relief as presented in the petition.
23 (c) That there is available for inspection at the drain
24 commissioner's office a copy of the preliminary analysis
25 including a description of the drainage district, a recommended
26 route and course for the drain, a recommended type of
27 construction for the drain, and an estimate of the cost of the
1 drain. This subdivision does not apply to a hearing of necessity
2 under chapter 20 or 21.
3 (7) (2) A
writing prepared, owned, used, in the possession
4 of, or retained by a board, committee, commission, or advisory
5 committee created pursuant to this act, or a commissioner
6 appointed pursuant to this act, in the performance of an official
7 function shall be made available to the public in compliance with
8 Act No. 442 of the
Public Acts of 1976, being sections 15.231 to
9 15.246 of the Michigan
Compiled Laws the freedom of
information
10 act, 1976 PA 442, MCL 15.231 to 15.246.
11 Sec. 10. Drains may be laid or extended into or along or
12 from any lake or other body of water surrounded wholly or in part
13 by a swamp, marsh or other low lands for the general purpose of
14 drainage contemplated by this act, but not so as to impair the
15 navigation of any navigable river, subject to any permit required
16 under the natural resources and environmental protection act,
17 1994 PA 451, MCL 324.101 to 324.90106.
18 Any meeting
called pursuant to the provisions of this act,
19 unless otherwise
provided, may be adjourned from time to time by
20 public announcement
thereof and no advertisement of the time of
21 said adjournment shall
be required.
22 The commissioner shall have jurisdiction over all established
23 county drains within his or her county, heretofore established
24 and now in the process of being established except that in the
25 case of a drain located or to be located entirely within a single
26 city or village, such jurisdiction shall be consented to by
27 resolution of the governing body of such city or village.
1 If
any drainage project lies entirely within the limits of a
2 municipality less than
a county, such municipality, by its
3 governing body, shall
have the power to pledge the full faith and
4 credit of the
municipality for the payment of bonds or drain
5 orders issued in
connection with such project, and if a
6 deficiency exists in
the drain fund or sinking fund for said
7 drain 1 year after the
last installment of the deficiency
8 assessment provided
for in section 280 of this act, shall have
9 become delinquent,
such municipality shall forthwith advance to
10 the county drain fund
the amount of such deficiency and
11 thereafter all
receipts of such drain fund from the sale of
12 delinquent tax lands,
which had been assessed for said drain,
13 shall be paid to the
municipality within 90 days after receipt by
14 the county treasurer.
15 Sec. 12. Except as
provided in section 8, when if a time
16 is specified in this act in which the drain commissioner or a
17 drainage board shall take a specified administrative action or a
18 procedural step, the
specification of time shall be considered
19 is directory and not mandatory, and failure to take the action or
20 step within the time
specified shall does not affect the
21 legality and validity of
a drain proceeding. Where If the
22 specification of time relates to the giving of notice, the filing
23 of objections, the taking of an appeal, the commencement of an
24 action in a court, the taking of an action or step in the
25 assessment, levy, or
collection of drain assessments , taxes or
26 other charges, or to a requirement of due process, the
27 specification of time shall
be considered is mandatory if so
1 provided in this act.
2 Sec. 13. (1) The director of agriculture may designate an
3 individual to act on his or her behalf with respect to the
4 exercise of powers and the performance of duties under this act.
5 If a deputy or assistant acts in the capacity of the director of
6 agriculture under this act, he or she shall be considered to have
7 been properly designated by the director of agriculture. Any
8 official proceedings may be signed by the designee in his or her
9 own name. The signature of the designee shall be followed by his
10 or her official title. If an individual is designated by the
11 director of agriculture to act in his or her stead in connection
12 with all the proceedings as to any project, then any notice
13 required to be served upon or mailed to the director of
14 agriculture may be served upon or mailed to the designee.
15 (2) Expenses incurred by the director of agriculture under
16 this act shall be assumed by the department of agriculture.
17 (3) The director of transportation may designate an employee
18 of the state transportation department to act on his or her
19 behalf with respect to the exercise of powers and the performance
20 of duties under this act. If an employee of the state
21 transportation department acts in the capacity of the director of
22 transportation under this act, the employee shall be considered
23 to have been properly designated by the director of
24 transportation. Any official proceedings may be signed by the
25 designee in his or her own name. The signature of the designee
26 shall be followed by his or her official title. Any notice
27 required to be served upon or mailed to the director of
1 transportation shall be served upon or mailed to the designee.
2 Sec. 14. (1) For a public corporation other than a state
3 department to be a petitioner under this act, the petition shall
4 be authorized by resolution of the governing body and signed on
5 behalf of the public corporation by an officer designated by the
6 governing body. A certified copy of the resolution shall be
7 attached to the petition.
8 (2) For a state department to be a petitioner under this act,
9 the petition shall be signed on behalf of the state department by
10 the head of the state department. However, if the head of the
11 state department is a commission, the petition shall be signed by
12 the principal executive officer of the state department.
13
CHAPTER 2 .
14 COUNTY
DRAIN COMMISSIONER .
15 Sec. 21. (1) At Subject
to this section, at the general
16 election to be held in
November , 1976 2000, and each fourth
17 year after November ,
1976 2000, a county drain commissioner
18 shall be elected in each county having a drain commissioner by
19 the qualified electors of the county. The term of office of
20 the a commissioner shall begin on the January 1
following the
21 drain commissioner's election and continue for a period of 4
22 years and until his or her successor is elected and qualified,
23 whichever occurs earlier.
24 (2) As determined by the county board of commissioners, the
25 county drain commissioner shall be covered by a blanket bond or,
26 before entering upon the duties of office, shall execute and file
27 with the county clerk a bond to the people of the state in the
1 penal sum of $5,000.00
$100,000.00, issued by a surety company
2 licensed to do business in this state, conditioned upon the
3 faithful discharge of the duties of the office. The county board
4 of commissioners may fix the individual bond to be required of
5 the commissioner at a different amount if, in its judgment, that
6 is desirable.
7 (3) The county
board of commissioners of a county having a
8 population of less
than 12,000, by resolution of a 2/3 vote of
9 the members elect, may
abolish the office of county drain
10 commissioner and
transfer the powers and duties of the office to
11 the board of county
road commissioners.
12 (3) (4) If
a county establishes a department of public
13 works pursuant to Act
No. 185 of the Public Acts of 1957, as
14 amended, being
sections 123.731 to 123.786 of the Michigan
15 Compiled Laws 1957 PA 185, MCL 123.731 to 123.786, or a
public
16 improvement agency with the drain commissioner designated as the
17 county agent pursuant to the county public improvement act of
18 1939, Act No. 342 of
the Public Acts of 1939, as amended, being
19 sections 46.171 to
46.188 of the Michigan Compiled Laws 1939
PA
20 342, MCL 46.171 to 46.188, the county board of commissioners, by
21 resolution of a 2/3 vote of the members elected and serving, may
22 combine the powers,
duties, and functions set forth in Act
23 No. 185 of the Public
Acts of 1957, as amended, Act No. 342 of
24 the Public Acts of
1939, as amended 1957 PA 185, MCL
123.731 to
25 123.786, the county public improvement act of 1939, 1939 PA 342,
26 MCL 46.171 to 46.188, and this act into 1 county department
27 headed by a public works commissioner. The public works
1 commissioner shall be elected in the same manner and for the same
2 term as a drain
commissioner. and shall carry out the powers and
3 duties of a drain
commissioner.
4 (4) (5) A
resolution provided for in subsection (4) (3)
5 may not be adopted unless the county board of commissioners has
6 first held at least 1 generally
publicized public hearing on
7 the resolution. Notice of the hearing shall be published as
8 provided in section 8(3).
9 (5) (6) Not
less than 3 years after a county establishes
10 the office of public works commissioner pursuant to subsections
11 (4) (3) and (5) (4), or a public
improvement agency, the
12 county board of commissioners, by resolution approved by a 2/3
13 vote of the members elected and serving, may abolish the office
14 of public works commissioner not less than 6 months before the
15 next primary election for that office. The office of public
16 works commissioner shall be abolished in the county effective 180
17 days after a resolution is adopted pursuant to this subsection.
18 The office shall then be referred to as the drain commissioner
19 and the person in office at the time a resolution of abolishment
20 is passed shall fulfill the remainder of the term of office until
21 the next general election.
22 (6) (7) A In
a county that is organized under Act No. 293
23 of the Public Acts of
1966, being sections 45.501 to 45.521 of
24 the Michigan Compiled
Laws 1966 PA 293, MCL 45.501 to
45.521,
25 whose charter prescribes an elected county executive, and which
26 county has a population of more than 2,000,000 at the time the
27 charter is adopted, shall
be governed by section 21a in place of
1 this section the powers and duties of the drain commissioner,
2 under this act, shall be performed by a person or persons
3 designated under the county's charter.
4 Sec. 23. The commissioner shall have jurisdiction over all
5 county drains within his
the county, including those
6 heretofore
established and now in the
process of construction
7 being established or constructed. Drains extending into more
8 than 1 county , or
affecting lands in more than 1 county ,
9 are under the jurisdiction of the drainage board and shall be
10 established and constructed in accordance with the provisions of
11 this act regulating the establishment and construction of drains
12 traversing more than 1 county or affecting lands in more than 1
13 county. Nothing in
this act shall be construed as depriving a
14 The drain commissioner of a county is not deprived of
15 jurisdiction or as
making any drain over a drain and the drain
16 does not become an
intercounty drain, merely because a the
17 drain extends into another county for the purpose of securing a
18 proper outlet and not for the purpose of draining any lands in
19 the other county, :
Provided, such if the extension is
20 approved by the drain commissioners and is approved by the county
21 board of supervisors commissioners
of each affected county
22 after a public hearing of the county board of commissioners
23 noticed and conducted in the manner provided by law for meetings
24 of the county board of commissioners. The portion of any such
25 the drain extending into another county shall not be considered
26 in determining the number
of signers required to for a
27 petition. to
locate, establish and construct.
1 Sec. 24. (1) The county board of commissioners may employ
2 an engineer who shall perform under this act the services
3 required to be performed by an engineer or surveyor as may be
4 directed by the drain commissioner.
5 (2) A commissioner
may appoint a deputy or deputies , if the
6 county board of
commissioners approves, and may
revoke the
7 appointment at pleasure. The appointment shall be made in
8 writing and filed with the clerk of the county. To the extent
9 authorized by the drain commissioner, a deputy may execute the
10 powers and duties of a drain commissioner under this act. If the
11 commissioner is unable to execute the duties of office, the
12 deputy or deputies shall execute or assist in the execution of
13 the duties of the county
drain commissioner. assigned by the
14 county drain
commissioner. As determined by the county board of
15 commissioners, the
deputy or deputies, either shall be covered by
16 a blanket bond or
shall file a bond with and to be approved by
17 the commissioner in a
sum not to exceed $5,000.00, conditioned
18 upon the faithful
discharge of the deputy's or deputies' duties.
19 If the commissioner dies during his or her term, the deputy
20 commissioner shall have all of the powers and be charged with all
21 of the duties of a commissioner until a commissioner is appointed
22 or elected.
23 (3) As determined by the county board of commissioners, the
24 deputy or deputies either shall be covered by a blanket bond or
25 shall file with the drain commissioner a bond to be approved by
26 the drain commissioner in a sum not to exceed $100,000.00,
27 conditioned on the faithful discharge of the duties of the deputy
1 or deputies.
2 Sec. 25. (1)
The commissioner and his bondsmen shall be
3 the sureties on the individual or blanket bonds covering the
4 commissioner and deputy are liable for all the acts and defaults
5 of the a
deputy or deputies when appointed as herein
6 provided in section 24. After entry of the order designating
7 drainage districts as
provided in section 54 and section 55 or
8 105, of this
act, the drainage district as designated shall be
9 responsible for and is liable for all acts and defaults of
10 such the commissioner and his or a
deputy, or deputies,
11 except for acts of malfeasance or misfeasance. The commissioner
12 is liable on the blanket bond or his or her individual bond for
13 gross neglect of duty or a misapplication of money coming under
14 his or her control as commissioner.
15 (2) The county
board of supervisors commissioners may adopt
16 resolutions providing that public liability or other insurance
17 may be purchased at the expense of the county to cover such
18 potential liabilities of
the various drainage districts under
19 the supervision of the county drain commissioner.
20 Sec. 26. Each deputy
commissioner shall receive such the
21 salary or compensation as
the determined by the county board of
22 supervisors shall
allow commissioners and all
traveling
23 expenses actually and
necessarily spent by him in the discharge
24 of his or her
duties as prescribed in this act. ; he shall make
25 a report to the
commissioner of all work performed by him on or
26 before the first
Saturday of each month and an annual report on
27 or before the second
Wednesday in September of each year.
1 Sec. 27. (1) County
clerks, or the board of auditors in
2 counties having such
boards, shall be authorized, and it shall be
3 their duty to procure,
at the expense of their respective
4 counties, the
necessary books, blanks and stationery for the use
5 of said commissioners;
and each commissioner shall furnish upon
6 request blank
applications or petitions to any person who may
7 desire to file the
same under this act. The At the
expense of
8 the county and subject to county appropriations, the office of
9 the drain
commissioner shall be furnished at the expense of the
10 county by the board of
supervisors, or by the board of auditors
11 in counties having
such boards, and shall be maintained at the
12 county seat, in which
said office said commissioner shall be and
13 remain at least 1 day
per week such day to be painted on the door
14 of the commissioner's
office and printed or stamped on his
15 stationery. with all of the following as necessary to fulfill
16 the duties of this act or other acts, ordinances, or resolutions
17 specifying duties to be performed by the drain commissioner:
18 (a) Books, blanks, documents, stationery, and office
19 supplies.
20 (b) Office equipment necessary to make profiles, blueprints,
21 and specifications in any drainage district, word processing
22 equipment, and mapping and assessing equipment.
23 (c) Space and facilities to file, preserve, and retain field
24 notes, blueprints, profiles, estimates, and all other records.
25 (2) The office of the commissioner shall be maintained at an
26 official county facility.
27 (3) With the approval of the county board of commissioners, a
1 drain commissioner may add to the assessments of lands in each
2 drainage district established pursuant to chapter 3 or 20 not
3 more than 1% per year for education and training for the drain
4 commissioner and his or her staff with regard to 1 or more of the
5 following:
6 (a) Best management practices.
7 (b) Environmental protection and enhancement.
8 (c) Watershed management and planning.
9 (d) Assessing for drain projects.
10 (e) Financing for drain projects.
11 (f) Drain construction methods and techniques.
12 (g) Alternatives for on-site management of storm water.
13 (h) Any other matter related to the operation of the office
14 of drain commissioner or the construction, operation,
15 maintenance, or improvement of drains.
16 (4) Funds collected pursuant to subsection (3) shall be
17 consolidated and held in a separate account for the purposes set
18 forth in subsection (3). Interest earned on the fund shall be
19 credited to the fund. Subsection (3) is intended to supplement,
20 not replace, appropriations of county general fund money for the
21 purposes set forth in subsection (3).
22 Sec. 28. (1) Each
Subject to subsection (2), a drain
23 commissioner shall
receive an annual salary to be paid at other
24 county officers are
paid, the and fringe benefits, if
any, as
25 determined by the county board of commissioners. The amount of
26 the salary to and
fringe benefits, if any, shall be fixed by
27 the county board of commissioners before November 1 of each year
1 and shall be paid from the general fund of the county in the same
2 manner and at the same time as the salaries and fringe benefits
3 of other county officers
are fixed and paid. The A drain
4 commissioner's salary may be increased but shall not be decreased
5 during his or her the
term of office , and in addition, each
6 commissioner shall be
allowed of that drain
commissioner. A
7 drain commissioner's fringe benefits shall not be decreased
8 during the term of office to a greater extent than the fringe
9 benefits of elected county officials in general are decreased.
10 The county shall pay a drain commissioner for his or her actual
11 necessary expenses, including traveling expenses incurred in the
12 discharge of the duties
of the office. , including all actual
13 and necessary expense
for clerk hire and recording by the county
14 board of commissioners
or board of county auditors to be paid by
15 the county. The expense account shall be an itemized account.
16 and verified by oath
taken before a proper officer. The
amounts
17 paid to the commissioner for salary and expenses shall be in full
18 for all services rendered by the commissioner and all expenses
19 incurred in the performance of the duties of the office.
20 (2) Notwithstanding
subsection (1), for If a county which
21 has a county officers compensation commission, the compensation
22 for each the
county drain commissioner shall be determined by
23 that commission under
1978 PA 485, MCL 45.471 to 45.477. A
24 change in compensation
for a county drain commissioner of a
25 county which has a
county officers compensation commission shall
26 commence at the
beginning of the first odd numbered year after
27 the determination is
made by the county officers compensation
1 commission and is not
rejected.
2 Sec. 29. The
county shall furnish the commissioner with
3 all necessary books
and papers for use in the survey, and such
4 office equipment as
shall be necessary in making profiles,
5 blueprints and
specifications in any drainage district. The
6 surveyor or engineer
shall file with the commissioner all field
7 notes, blueprints,
profiles, estimates and all other papers in
8 his possession
relating to said drain. The board of supervisors
9 of any county may
employ an engineer who shall perform under this
10 act the services
required to be performed by an engineer or
11 surveyor. The drain commissioner's office shall furnish to
any
12 person, who may so desire, documents as may be required to
13 implement the procedures of this act, and the drain commissioner
14 may assist in the preparation of such documents as may be
15 required to implement the procedures of this act.
16 Sec. 30. It
shall be the duty of each commissioner to make
17 and keep A drain commissioner shall maintain a full
financial
18 statement of each drainage district. The commissioner shall also
19 make and keep in his the
commissioner's office in a book to be
20 provided for that
purpose a complete record of each
drainage
21 district. ,
which The record shall include a copy of the any
22 application for laying
out and designating such the district
23 under former provisions of this act, of the petition for the
24 drain, of the minutes of the survey, of the releases of the
25 right-of-way where the same have been released, of the orders of
26 determination of the necessity for and of the establishment of
27 the drain, and of the apportionment and assessment of benefits
1 therefor . Where
special commissioners have been called, it
2 shall also contain a
copy of the application to the probate
3 court, of the return
of the special commissioners and of
all
4 other papers records
in his the office necessary to show a
5 complete history of each drainage district, all of which said
6 original papers records
shall then be enrolled and filed in the
7 office of the county
drain commissioner. No drain tax
8 assessment shall be spread until all the records required have
9 been deposited and filed in the office of the county drain
10 commissioner.
11 Sec. 31. (1)
Each commissioner shall make a report to the
12 county board of
commissioners at its annual meeting in October of
13 the drainage districts
laid out, the drains constructed,
14 finished, or begun
under his or her supervision during the year
15 ending October 1, and
the commissioner shall also submit to the
16 board a full financial
statement of each drainage district. If
17 authorized by
resolution of the county board of commissioners,
18 the report shall be
made before April 2 of each year and shall
19 cover the preceding
calendar year. The commissioner shall also
20 make reports and
furnish information as required by the director
21 of the department of
agriculture.
22 (2) The reports
required by subsection (1) shall include an
23 itemized statement of
the orders issued on account of each
24 drainage district and
a debit and credit balance of the district
25 fund. The
commissioner shall be liable on the blanket bond or
26 his or her individual
bond for gross neglect of duty or a
27 misapplication of
money coming under his or her control as
1 commissioner.
2 (1) If requested by the legislative body of a municipality, a
3 drain commissioner shall submit an annual report to the
4 legislative body at its first regular meeting held on or after
5 October 1. The report shall cover drains established or
6 constructed by the drain commissioner during the 1-year period
7 ending September 30. Each report under this subsection shall
8 include a full financial statement for each drainage district
9 within the municipality, including, but not limited to, an
10 itemized statement of the orders issued under this act on account
11 of each drainage district and a debit and credit balance of the
12 district fund. If the municipality is a city, village, or
13 township, the report shall only apply to a drain and drainage
14 district if the drainage district lies entirely within the city,
15 village, or township.
16 (2) If requested by the legislative body, a report under
17 subsection (1) shall be submitted between January 1 and April 2
18 and shall cover the preceding calendar year.
19 (3) A drain commissioner shall submit to the director of
20 agriculture reports and information required by the director of
21 agriculture. A report under this subsection shall include an
22 itemized statement of the orders issued on account of each
23 drainage district covered by the report and a debit and credit
24 balance of the drainage district fund.
25 (4) A report under this section is advisory and is not a
26 prerequisite to the levy of any special assessments under this
27 act. The failure to submit a report under this section does not
1 invalidate a drain proceeding or special assessment.
2 Sec. 32. The county
board of supervisors of each county
3 having a drain
commissioner commissioners
may adopt a resolution
4 authorizing the county to enter into an agreement with the
5 secretary of health,
education and welfare pursuant to the
6 provisions of Act No.
205 of the Public Acts of 1951, as amended,
7 being sections 38.851
to 38.870 of the Compiled Laws of 1948,
8 the department of health and human services under 1951 PA 205,
9 MCL 38.851 to 38.871, to allow the drain commissioner and all the
10 employees of the drain commissioner's office to obtain the
11 benefits provided by the federal
social security act, chapter
12 531, 49 Stat. 620. The funds necessary for this coverage shall
13 be appropriated from the
county general fund. or from the
14 revolving drain fund.
15 Sec. 33. (1) The
salary of the commissioner, deputy
16 commissioners, and
clerks and employees of the drain
17 commissioner's office
shall, except as otherwise provided in this
18 act, be paid from the
general fund of the county in the same
19 manner and at the same
time as other county employees are paid.
20 (2) The drain commissioner may, with the approval of the
county
21 board of commissioners,
hire drain maintenance employees. Such
22 drain Drain maintenance employees shall be
considered are
23 county employees and shall be compensated from the general fund
24 of a county in the same manner and at the same time as other
25 county employees.
26 (2) (3) The
general fund of a county shall be reimbursed by
27 the drain districts in which work is performed by drain
1 maintenance employees hired by the commissioner pursuant to
2 subsection (2) for compensation, including the cost of fringe
3 benefits, paid to the drain maintenance employees by the county
4 from its general fund. The county board of commissioners may
5 waive the reimbursement
for emergency work not exceeding
6 $800.00 performed on any 1 drain during the course of 1 year.
7 Sec. 34. (1) If a municipality determines that construction
8 or other activity that the municipality has authority to approve
9 may have a significant effect on the quantity of water entering a
10 drain or on the hydrology of a drain, the municipality shall
11 provide the drain commissioner with prior notice and opportunity
12 to review the activity before the municipality issues its
13 approval. The drain commissioner's review under this subsection
14 is limited to the ability of the drain to transport storm water
15 runoff from the proposed activities, and not a determination of
16 the propriety or impropriety of the proposed land use or zoning
17 issues. Any comments on the proposed activity shall be made by
18 the drain commissioner within 30 days of his or her receipt of
19 the plans for the proposed activity.
20 (2) The drain commissioner or drainage board may review and
21 may approve all requests to discharge into, make a connection to,
22 or construct a crossing of any established county or intercounty
23 drains. The drain commissioner may propose and the county board
24 of commissioners may adopt an ordinance to implement this
25 subsection. The ordinance may include a schedule of fees to be
26 charged for the review and inspection of any discharges,
27 connections, or crossings and penalties for noncompliance. The
1 fees shall be deposited in a revolving fund and used for reviews
2 and inspections as specified in the ordinance. If the revolving
3 fund is not sufficient to cover expenses for the reviews and
4 inspections, the expenses shall be paid from the county general
5 fund.
6 (3) The drain commissioner may establish rules and schedule
7 of fees for other reviews and inspections required of the drain
8 commissioner's office by the county board of commissioners or by
9 other statute, including but not limited to the land division
10 act, 1967 PA 288, MCL 560.101 to 560.293, the mobile home
11 commission act, 1987 PA 96, MCL 125.2301 to 125.2349, and the
12 condominium act, 1978 PA 59, MCL 559.101 to 559.276. The rules
13 and schedule of fees shall not take effect unless approved by the
14 county board of commissioners. The fees shall be deposited in a
15 revolving fund under subsection (2).
16 Sec. 35. A drain commissioner shall meet with a person who
17 is considering filing a petition under this act and who requests
18 a meeting to discuss a potential project or the requirements of
19 this act. The drain commissioner shall meet within 14 days after
20 the request is made, unless the person requesting the meeting
21 agrees to meet at a later date.
22 Sec. 36. (1) If a drain commissioner who is required to
23 apportion benefits under this act, or the spouse or child of such
24 a drain commissioner, owns lands that would be liable to an
25 assessment for the benefits, or if the commissioner is otherwise
26 disqualified to act in the making of an apportionment of
27 benefits, the commissioner shall file with the judge of probate
1 of the county a copy of the petition and a signed statement
2 showing that the drain commissioner is disqualified to act in
3 making the apportionment of benefits.
4 (2) Not more than 14 days after receiving the petition and
5 signed statement under subsection (1), the judge of probate shall
6 appoint a disinterested drain commissioner of an adjoining or
7 nearby county to make the apportionment of benefits on the
8 drain. The disinterested commissioner appointed shall make and
9 complete within a period of 28 days, or within such reasonable
10 time thereafter as may be necessary, an apportionment of the
11 benefits of the drain and file the apportionment with the
12 disqualified commissioner. The apportionment shall be adopted
13 for the drain, subject to the same rights of appeal as provided
14 in this act. The disqualified commissioner shall furnish the
15 disinterested commissioner with a copy of the final order of
16 determination on the drain.
17 (3) The salary of the commissioner appointed under subsection
18 (2) shall be the same as that received from the county of which
19 he or she is the commissioner. The salary, together with all
20 expenses actually and necessarily incurred by the commissioner,
21 shall be assessed against the drain in connection with which the
22 services were performed and shall be paid in the same manner as
23 other expenses are paid.
24
CHAPTER 3 .
25 COUNTY DRAINAGE
DISTRICTS AND COUNTY DRAINS .
26 Sec. 51. (1) Before
a commissioner takes any action on any
27 application to locate,
establish and construct any drain, there
1 shall first be filed
with him an application to lay out and
2 designate a drainage
district with reference to a proposed drain
3 therein; such
application shall tentatively describe the location
4 and route of such
proposed drain. The application shall be
5 signed by not less
than 10 freeholders of the township or
6 townships in which
such proposed drain or the proposed lands to
7 be drained thereby may
be situated: Provided, That 5 or more of
8 said signers shall be
the owners of land liable to an assessment
9 for the construction
of such proposed drain: Provided further,
10 If it shall appear to
the drain commissioner on filing an
11 application to lay out
and designate a drainage district that
12 said district might
not include 20 freeholders whose lands would
13 be liable for such
assessment, in such case such application
14 shall be received if
any one of the signers is a freeholder
15 liable to an
assessment for the construction of such proposed
16 drain. To initiate the establishment of a drainage
district and
17 the establishment and construction of a county drain, a petition
18 shall be filed with the drain commissioner of that county.
19 Subject to subsection (2), the petition shall be signed by 10
20 landowners in the proposed drainage district whose lands would be
21 liable to assessment for benefits or at least 50% of the
22 landowners if there are less than 10 landowners whose lands would
23 be liable for assessment or may be signed by landowners
24 representing 25% of the land area liable for assessment. The
25 drain commissioner shall determine the eligibility of the signers
26 to such application
shall be determined by the drain
27 commissioner according
to their interest of record in the office
1 of the register of
deeds, in the probate court or in the circuit
2 court of the county in
which such lands are situated at the time
3 such application is the petition based on their status as
4 landowners when the petition was filed. The board of
5 supervisors, by
resolution, may instruct the drain commissioner
6 to refuse any
application to lay out a drainage district unless a
7 cash deposit,
sufficient to cover the preliminary costs,
8 accompanies the
application. If the drain is completed, the cost
9 advanced shall be
returned to the depositor or his personal
10 representative out of
the first tax collections on the drain. If
11 uncompleted, any
excess above costs shall be so returned. In
12 lieu of an application
signed by freeholders as aforesaid, such
13 an application may be
signed solely by the board of health of the
14 county
15 (2) Instead of landowners, a public corporation may petition
16 for the establishment of a drainage district and the
17 establishment and construction of a drain if the proposed drain
18 is necessary for the public
health, of any part of the county,
19 or safety, or welfare or for agriculture and may
be signed
20 solely by any city,
village or township public corporation,
21 when duly authorized by its governing body, if the proposed drain
22 is necessary for the
public health, of such municipality and if
23 such municipality safety, or welfare or for agriculture in the
24 public corporation and if the public corporation will be liable
25 for an assessment at
large against it for a percentage of the
26 cost of the proposed
drain. The entry of an order designating a
27 drainage district, as
hereinafter provided, of
necessity under
1 section 54 shall be considered a determination of the sufficiency
2 of such application the
petition.
3 (3) The petition shall request the establishment of a
4 drainage district and the establishment and construction of a
5 drain and set forth the reasons for the request. The petition
6 may request that measures be undertaken which are intended both
7 to enhance or improve the natural resource values of the proposed
8 drain and which provide direct benefit to the designed function,
9 longevity, or hydraulic capacity of the proposed drain. The
10 petition may propose a location and route for the drain.
11 (4) The petition shall be accompanied by a description or tax
12 parcel number of the land in the proposed district owned by each
13 signer and by a certificate of the county treasurer as to payment
14 of taxes and special assessments against the lands. The
15 certificate shall be in substantially the following form:
16 I hereby certify that there are no taxes or special
17 assessments unpaid against any of the lands described in the
18 annexed list according to the records of the county treasurer's
19 office for the preceding 3 years, except as follows:
20 Description Year Tax or assessment Amount
21 ................. ............ ..................... ........
22 (5) The name of any signer as to whose land the certificate
23 shows taxes or assessments unpaid for the preceding 3 years shall
24 not be counted. If it appears from the certificate that 33-1/3%
25 or more of the lands in the proposed drainage district have been
26 returned as tax delinquent and still remain delinquent, the
1 commissioner shall not take further action on the petition.
2 (6) The county board of commissioners, by resolution, may
3 instruct the drain commissioner to refuse all petitions to
4 establish a drainage district and establish and construct a drain
5 unless the petitions are accompanied by cash deposits. A cash
6 deposit shall equal the drain commissioner's reasonable estimate
7 of the costs to be incurred by the office of drain commissioner
8 in proceedings under this chapter until the entry of an order of
9 no necessity or an order of necessity. A cash deposit shall be
10 applied to any liability of the petitioners under subsection
11 (7).
12 (7) Costs incurred by the office of drain commissioner in
13 proceedings under this chapter, including any attorney fees,
14 shall be paid as follows:
15 (a) By the drainage district, if the board of determination
16 enters an order of necessity. Any deposit required under
17 subsection (6) shall be returned to the depositor out of the
18 first special assessment collections of the drainage district or
19 borrowed funds secured by special assessment collections on the
20 drain, whichever is received first.
21 (b) By the petitioners, if the board of determination enters
22 an order of no necessity and the county board of commissioners
23 required a deposit under subsection (6). However, if the board
24 of determination first enters an order of practicality, costs
25 incurred after entry of the order of practicality through entry
26 of the order of no necessity shall not be paid by the petitioners
27 but shall be apportioned as provided in chapter 7 and assessed
1 against the drainage district as described in the order of
2 practicality.
3 (c) From the county general fund, if the board of
4 determination enters an order of no necessity under section 55
5 and the county board of commissioners did not require a deposit
6 under subsection (6).
7 (8) If the petition shows, or it is determined thereafter,
8 that the proposed drain will affect lands in more than 1 county,
9 the commissioner shall proceed under chapter 5.
10 Sec. 52. Upon
filing of such application for a new
11 drainage district, the
commissioner shall immediately cause a
12 survey to be made by a
competent surveyor or engineer to
13 determine the area
which would be drained by the proposed drain,
14 and the route and type
of construction of the drain or drains
15 most serviceable for that
purpose. He shall not be limited in
16 such determination to
the route described in the application. In
17 any county having a
board of county auditors, no survey shall be
18 ordered without the
approval of such board but if the application
19 shows, or it is
determined thereafter, that any such proposed
20 drainage district will
affect lands in more than 1 county, the
21 commissioner shall
proceed under the portions of chapter 5 of
22 this act relating to
intercounty drains, and in such case the
23 approval of the board
of county auditors shall not be required.
24 If upon the survey, or
if before the survey is made, the
25 commissioner
determines that the proposed drain is impractical,
26 he shall take no
further action thereon but shall, in writing,
27 notify the persons who
delivered the application to him, of that
1 fact, and his reasons
for making his determination. If upon the
2 survey the commissioner
determines the proposed drain to be
3 practical, he shall
lay out a drainage district, prepare and file
4 in the office of the
drain commissioner a description of the
5 drainage district,
which may be described by its boundaries of
6 highways and streets
and tracts and parcels of land including
7 therein all highways
and streets, townships, cities and villages
8 or by a description of
all tracts or parcels of land, highways,
9 townships, cities and
villages which would be benefited by the
10 construction of the
proposed drain, and which would be liable to
11 an assessment
therefor, should the drain be constructed as
12 hereinafter provided.
The commissioner shall obtain from the
13 county treasurer a
statement showing as near as may be the amount
14 of taxes and special
assessments levied against the lands in the
15 proposed drainage
district on the tax rolls for the 3 years next
16 preceding, and the
amount of such taxes and assessments remaining
17 unpaid, and if it
appears from the statement that 33 1/3% or more
18 of the lands in the
proposed drainage district have been returned
19 as tax delinquent and
still remain delinquent, no further action
20 shall be taken.
21 (1) If the drain commissioner determines that a petition
22 filed with the drain commissioner meets the requirements of
23 section 51, the commissioner shall promptly arrange for the
24 preparation of a preliminary analysis. Except as provided in
25 subdivision (a), an engineer shall prepare the preliminary
26 analysis. The commissioner shall select the engineer based on
27 the engineer's qualifications. The preliminary analysis shall
1 describe a drain and drainage district to address the reasons for
2 a drain and drainage district set forth in the petition. The
3 preliminary analysis shall include all of the following:
4 (a) A description of the drainage district by its boundaries
5 of streets or highways or tracts or parcels of land, or by a
6 description of all tracts or all parcels of land, including all
7 highways, townships, counties, cities, and villages which would
8 be benefited by the construction of the proposed drain. The
9 description of the drainage district may be prepared by a
10 surveyor.
11 (b) A proposed route and course for the drain.
12 (c) A proposed type of construction of the drain.
13 (d) An estimate of the cost of the proposed drain.
14 (e) A description of the proposed drain's impacts to natural
15 resources.
16 (2) Upon completion of the preliminary analysis, the drain
17 commissioner shall file a copy of the preliminary analysis in his
18 or her office and make it available for public inspection. The
19 drain commissioner shall also file the preliminary analysis with
20 the district office of the land and water management division,
21 department of environmental quality, for the district where the
22 project is located.
23 (3) As soon as practicable after the filing of the
24 preliminary analysis under section 52, the commissioner
25 authorized to act on the petition, if not disqualified under
26 section 35 to make the apportionment of benefits, may appoint a
27 board of determination composed of 3 disinterested individuals
1 and an alternate disinterested individual. If the commissioner
2 is disqualified or chooses not to appoint the board of
3 determination, the commissioner shall immediately file with the
4 chairperson of the county board of commissioners a copy of the
5 petition, together with a statement signed by the commissioner,
6 explaining why he or she is disqualified or chooses not to act in
7 appointing a board of determination. As soon as practicable
8 after receiving the copy of the petition and the statement, the
9 chairperson of the county board of commissioners, if not
10 otherwise interested as set forth in section 35, shall appoint
11 the board of determination and shall immediately notify the drain
12 commissioner of the names and addresses of those appointed. If
13 the chairperson of the county board of commissioners has a
14 private interest in the proceedings, the finance committee of the
15 county board of commissioners shall appoint the board of
16 determination.
17 (4) Each member of a board of determination shall be a
18 landowner and resident of the county, but not of a township,
19 city, or village in the proposed drainage district. A member of
20 the board of determination shall not be any of the following:
21 (a) A member of the county board of commissioners or county
22 board of road commissioners.
23 (b) The spouse, parent, child, or sibling of a member of the
24 county board of commissioners or of the drain commissioner.
25 (5) A hearing of the board of determination shall be called
26 within the drainage district at a convenient place to be
27 designated by the drain commissioner. The board of determination
1 hearing also may be held outside the drainage district at a
2 suitable public building anywhere within the city, village, or
3 township in which the drain is located or, if there is no such
4 building, at any suitable public building near the drainage
5 district. If any individual appointed to the board of
6 determination fails or refuses to serve or is disqualified, the
7 drain commissioner, the county board of commissioners, or the
8 finance committee of the county board of commissioners, whichever
9 appointed the individual, shall appoint a successor.
10 (6) The per diem compensation, mileage, and expenses of a
11 member of the board of determination shall be paid in the same
12 amount as paid to a member of the county board of commissioners
13 of the county. In a county in which members of the county board
14 of commissioners are not paid on a per diem basis, the
15 compensation, mileage, and expenses shall be fixed by the drain
16 commissioner.
17 (7) Upon request, the drain commissioner shall inform in
18 writing the state legislator who represents that portion of the
19 area in which the proposed drain improvement is to be constructed
20 of the names and addresses of the persons appointed to a board of
21 determination.
22 (8) Notice of the hearing of the board of determination
23 shall be given in the manner provided in section 8.
24 (9) The drain commissioner shall arrange for a certified
25 court reporter, stenomask reporter, or court recorder to attend
26 each hearing of the board of determination and take a verbatim
27 record of the proceedings. If proceedings are initiated in the
1 circuit court under section 56 or 58, the drain commissioner
2 shall promptly request the reporter or recorder to furnish a
3 transcript of the proceedings to the court. The aggrieved party
4 may request and shall be promptly furnished a transcript of the
5 proceedings at cost.
6 (10) The board of determination shall meet at the time and
7 place specified in the notice. The board of determination shall
8 act by majority vote. The drain commissioner or deputy drain
9 commissioner shall attend the hearing of the board of
10 determination.
11 Sec. 53. The
surveyor or engineer authorized to make the
12 survey shall ascertain
the size and depth of the drains and he
13 shall preserve all
minutes with reference thereto. He shall
14 prepare preliminary
plans, drawings and profiles thereof,
15 together with a
computation of the yards of earth to be
16 excavated, the amount
of tile or pipe to be used and the
17 necessary bridges and
culverts or fords to be built in
18 constructing such
proposed drain, and his estimate of the cost of
19 such construction, and
where practicable shall recommend the
20 leveling of the spoil
banks. He shall thereupon lay out a
21 drainage district,
which district may be described by its
22 boundaries of streets
or highways or tracts or parcels of land,
23 or by a description of
all tracts or all parcels of land,
24 including therein all
highways, townships, counties, cities and
25 villages which would
be benefited by the construction of the
26 proposed drain, all of
which he shall deliver to the
27 commissioner. The
surveyor or engineer shall not be limited to
1 the route described in
the application but may recommend a route
2 and type of
construction for the drains he considers most
3 serviceable for
draining the area involved. The
board of
4 determination shall do all of the following at the hearing under
5 section 52:
6 (a) Elect a chairperson.
7 (b) Elect a secretary.
8 (c) Receive testimony and evidence on whether the drain is
9 necessary and conducive to the public health, safety, or welfare
10 or for agriculture.
11 (d) Consider the preliminary analysis.
12 (e) Determine 1 of the following:
13 (i) That the proposed drain is necessary and conducive to
14 public health, safety, or welfare or for agriculture.
15 (ii) That the proposed drain is not necessary and conducive
16 to public health, safety, or welfare or for agriculture.
17 (iii) That the drain is practical, but that additional
18 information is needed to determine whether the drain is necessary
19 and conducive to the public health, safety, or welfare or for
20 agriculture, or to determine the boundaries of the drainage
21 district. If the board of determination finds that the drain is
22 practical, it shall receive testimony and evidence on the extent
23 of the lands proposed to be served by the drain and determine the
24 boundaries of the tentative drainage district, which lands will
25 be subject to assessment for costs incurred by the drain
26 commissioner in gathering the requested additional information,
27 if the drain is subsequently determined not necessary.
1 Sec. 53a. (1) After the board determines the drain
2 practical and establishes a tentative drainage district, it shall
3 recess to allow the drain commissioner to gather the additional
4 information and shall enter an order of practicality that specifies
5 both of the following:
6 (a) The information under section 60 that is needed.
7 (b) The boundaries of the tentative drainage district.
8 (2) If during the gathering of the additional information the
9 drain commissioner determines that the drain is not practical, he
10 shall reconvene the board of determination. Notice of the
11 reconvened board of determination shall be pursuant to section 8
12 and shall specify the determination by the drain commissioner and
13 the reasons therefor.
14 (3) At the hearing of the reconvened board of determination
15 under subsection (2), the board shall do the following:
16 (a) receive the determination of the drain commissioner.
17 (b) Receive testimony and evidence as to the drain
18 commissioner's determination.
19 (c) Direct the drain commissioner to complete the gathering
20 of the additional information or find the drain is not necessary
21 and conducive to the public health, safety, or welfare or for
22 agriculture and order that the costs be paid pursuant to section
23 51(7).
24 (4) If the reconvened board of determination directs the
25 drain commissioner to complete the gathering of the additional
26 information, the drain commissioner shall gather the additional
1 information.
2 (5) After gathering the additional information, the drain
3 commissioner shall call the board of determination to reconvene.
4 The drain commissioner shall give notice of the reconvening of
5 the board of determination in the manner provided in section 8.
6 The reconvened hearing of the board of determination shall do all
7 of the following:
8 (a) Receive and consider the additional information from the
9 drain commissioner.
10 (b) Receive testimony and evidence on whether the drain is
11 necessary and conducive to the public health, safety, or welfare
12 or for agriculture.
13 (c) Determine whether or not the drain is necessary and
14 conducive to the public health, safety, or welfare or for
15 agriculture.
16 (6) If the reconvened board of determination finds the drain
17 is necessary and conducive to the public health, safety, or
18 welfare or for agriculture, it shall proceed and make such orders
19 as set forth in section 54.
20 (7) If the reconvened board of determination finds the drain
21 is not necessary and conducive to the public health, safety, or
22 welfare or for agriculture, it shall enter an order to that
23 effect and order that the costs be paid pursuant to section
24 51(7).
25 Sec. 54. The
commissioner shall prepare and file in his
26 office his order
designating a drainage district and give it a
27 name or number and
describe therein the boundaries of the
1 district by streets or
highways or parcels of land for each of
2 the several tracts or
parcels of land included therein and the
3 counties, townships,
cities, villages and state trunk line
4 highways which would
be benefited by the construction of the
5 drains and would be
liable to assessment therefor, also a
6 description of the
drains as determined by him, showing the
7 beginning, route,
terminus, type of the proposed construction and
8 the estimated cost of
such proposed construction. The
9 commissioner shall
give notice of filing the order designating a
10 drainage district by
publishing a notice in a newspaper of
11 general circulation in
the county, or a newspaper of general
12 circulation in the
area where the drainage district boundaries
13 are located, which
notice shall give a general description of the
14 route of the proposed
drain or drains and of the drainage
15 district as shown by
the order.
16 At
any time after the order designating a drainage district
17 and giving it a name
or number has been filed in the office of
18 the drain
commissioner, the order may be amended as to the name
19 or number of the drain
at any time by presenting to the drain
20 commissioner of the
county a petition signed by no less than 5
21 land owners whose land
is traversed by the drain, which petition
22 shall state the then
present name or number of the drain and the
23 change or changes to
be made in the name or number. Upon receipt
24 of such petition, and
if in the drain commissioner's opinion it
25 is to the best
interest of all concerned that the name or number
26 be changed, he shall
make his order amending the name or number,
27 and thereafter the
drainage district shall be known by such name
1 or number. The drain
commissioner shall forthwith post such
2 signs upon the drain
as he may deem advisable for public notice
3 of the new name or number.
4 (1) If the board of determination by a majority vote finds
5 the drain is necessary and conducive to the public health,
6 safety, or welfare or for agriculture, either at the first
7 hearing or following a reconvened hearing pursuant to section
8 53a, the board of determination shall:
9 (a) Receive testimony and other evidence on the extent of the
10 lands proposed to be served by the drain and determine the
11 boundaries of the drainage district. If the board of
12 determination at any time finds that the drain would serve lands
13 in more than 1 county, the board of determination shall file an
14 order to that effect and refer the petition to the drain
15 commissioner for proceedings under chapter 5.
16 (b) Designate a preliminary name for the drain and drainage
17 district.
18 (c) Determine whether a portion of the costs of construction
19 of the proposed drain is necessary for the public health, safety,
20 or welfare in 1 or more public corporations and identify those
21 public corporations.
22 (2) If it appears to the board of determination at any time
23 that the drainage district may include lands whose landowners
24 were not sent notice of the hearing in the manner provided in
25 section 8, the board of determination shall enter a finding to
26 that effect identifying the additional lands and file the finding
27 with the drain commissioner. The board of determination shall
1 recess the hearing. The drain commissioner shall promptly give
2 notice of the pending reconvened hearing to the landowners of the
3 additional lands and all other persons entitled to notice under
4 section 8 in the manner provided in section 8 and shall call the
5 board of determination to reconvene.
6 Sec. 55. (1) If the board of determination by a majority
7 vote finds the drain is necessary and conducive to the public
8 health, safety, or welfare or for agriculture, either at the
9 first hearing or following a reconvened hearing pursuant to
10 section 53a, the board of determination shall enter an order of
11 necessity and file the order of necessity with the commissioner.
12 (2) The order of necessity shall specify:
13 (a) The finding of necessity.
14 (b) The boundaries of the drainage district.
15 (c) The public corporations determined liable for assessment
16 at-large for a portion of the costs of the drain for public
17 health, safety, or welfare.
18 (3) The board of determination shall not determine the scope
19 of the project. The scope of the project is within the sole
20 authority of the drain commissioner in consultation with his or
21 her engineers or other qualified professionals.
22 Sec. 56. Within 7 days after the order of necessity is
23 filed, the drain commissioner shall notify by first-class mail
24 each public corporation identified in the order of necessity as
25 receiving benefits at large for public health, safety, or welfare
26 that it is liable to pay a percent of the cost of construction of
27 the drain for benefits for public health, safety, or welfare.
1 The governing body of the public corporation, within 21 days
2 after mailing of the notification from the drain commissioner,
3 may appeal the order of necessity as to the finding that all or a
4 portion of the costs is necessary for public health, safety, or
5 welfare. The appeal shall be filed with the circuit court in the
6 county in which the territory of the public corporation is
7 located.
8 Sec. 57. If the board of determination finds that the drain
9 is not necessary and conducive to the public health, safety, or
10 welfare or for agriculture, all of the following apply:
11 (a) The board of determination shall file with the
12 commissioner an order of no necessity rejecting the petition.
13 (b) Costs shall be paid as provided in section 51.
14 (c) A new petition for the drain shall not be filed within 1
15 year after the filing of the order of no necessity.
16 Sec. 58. After the board of determination files an order of
17 no necessity or files an order of necessity, a public corporation
18 or other person feeling aggrieved by the order may institute an
19 action in the circuit court for the county in which the drainage
20 district is located for a review of the order. The action shall
21 be filed within 14 days after the filing of the order. The
22 circuit court shall determine whether the order was authorized by
23 law and supported by substantial, material, and competent
24 evidence on the whole record. The review shall be made on the
25 record presented to the board of determination and no additional
26 testimony or information shall be offered except for purposes of
27 claim of fraud or error of law. After the review of the record,
1 the court may remand the matter to the board of determination and
2 order the board of determination to reconvene for purposes of
3 securing additional testimony and evidence on issues which the
4 court considers necessary to render its decision on the appeal.
5 Following the hearing on remand, the record shall be transmitted
6 to the court for hearing and decision.
7 Sec. 59. (1) After the order of necessity is filed, the
8 drain commissioner, subject to subsection (2), shall execute a
9 first order of determination and file the first order of
10 determination in his or her office. The first order of
11 determination shall do all of the following consistent with the
12 order of necessity:
13 (a) Establish the drainage district and give it a name or
14 number.
15 (b) Describe the drainage district by its boundaries or by a
16 description of all the land that would be benefited by the
17 construction of the drain and would be liable to assessment
18 therefor, including the counties, townships, cities, and
19 villages; roadways; and parcels of land identified by legal
20 description or tax code parcel number.
21 (c) Describe the beginning, route, terminus, type of the
22 proposed construction, and the estimated cost of such proposed
23 construction.
24 (2) If an appeal is not filed, the drain commissioner shall
25 satisfy the requirements of subsection (1) upon the expiration of
26 the appeal periods under section 58 and, if applicable, section
27 56. If an appeal is filed, the drain commissioner shall satisfy
1 the requirements of subsection (1) after the appeal procedures
2 are terminated.
3 Sec. 60. After the drain commissioner files the first order
4 of determination, the commissioner shall secure the services of
5 an engineer and arrange for the preparation of an engineering
6 analysis. The commissioner shall select the engineer based on
7 the engineer's qualifications. The engineering analysis shall
8 describe a drain and drainage district to address the reasons for
9 a drain and drainage district set forth in the petition and in
10 the evidence and testimony received at the hearing of the board
11 of determination. Except as provided in subdivisions (e) and
12 (j), the engineering analysis shall be prepared by an engineer
13 and shall include all of the following:
14 (a) Hydrologic and hydraulic report that includes, but is not
15 limited to, a discussion of the present drainage characteristics
16 and the impacts of the proposed project on flooding
17 characteristics downstream of the drainage district.
18 (b) Recommended route and course.
19 (c) An existing and proposed profile of the recommended route
20 and course.
21 (d) Description of the recommended work including crossings,
22 structures, and facilities.
23 (e) A description of the drainage district by its boundaries
24 of streets or highways or tracts or parcels of land, or by a
25 description of all tracts or all parcels of land, including all
26 highways, townships, counties, cities, and villages which would
27 be benefited by the construction of the proposed drain. The
1 description of the drainage district may be prepared by a
2 surveyor.
3 (f) An estimate of the cost of construction of the engineer's
4 recommendation.
5 (g) A description of alternatives considered.
6 (h) An analysis of the effectiveness of the proposed project
7 to address the conditions that it is intended to remedy, create,
8 or enhance.
9 (i) A maintenance plan for the drain.
10 (j) An evaluation of the impacts of the project on natural
11 resources that identifies appropriate practical measures to
12 minimize adverse effects. The evaluation need not be part of the
13 engineering analysis and may instead be prepared by the
14 commissioner or another qualified professional.
15 (k) Any other information requested by the commissioner.
16 Sec. 61. (1) The engineer shall prepare final plans,
17 specifications, and an estimate of costs of the proposed drain.
18 The commissioner shall secure from the engineer or a surveyor a
19 description of the lands or rights-of-way needed for the proposed
20 drain. In approving the route of the drain as furnished by the
21 engineer, the commissioner is not limited to that described in
22 the petition or in the first order of determination, if the new
23 route is more efficient and serviceable.
24 (2) If the board of determination determines that the drain
25 is necessary and conducive to the public health, safety, or
26 welfare or for agriculture, the drain commissioner shall convene
27 a meeting under section 62 to provide information or elicit
1 information and testimony with regards to the route and type of
2 construction and estimate of cost of the drain to assist the
3 drain commissioner in determining the scope of the drain project
4 to be undertaken by the commissioner. The meeting is for
5 informational purposes only.
6 (3) The drain commissioner shall obtain any permits required
7 under the natural resources and environmental protection act,
8 1994 PA 451, MCL 324.101 to 324.90106. All costs associated with
9 evaluating natural resource impacts and implementing the measures
10 to minimize those impacts shall be the responsibility of the
11 drainage district.
12 (4) Measures that are intended to enhance or improve natural
13 resource values but that will not provide benefit to the designed
14 function, longevity, or hydraulic capacity of the drain may be
15 included as part of the drainage project in the discretion of the
16 drain commissioner. The funding for such measures may only
17 include gifts, donations, grants, contracts pursuant to
18 section 431, special assessments other than special assessments
19 under this act, or any combination thereof, as considered
20 appropriate by the drain commissioner.
21 (5) If, after the receipt of the plans, specifications,
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 feasible, the commissioner shall notify the
25 landowners and public corporations in the district by first-class
26 mail of the intent to reject the petition. The notice shall
27 specify the reasons for the proposed rejection. The notice shall
1 also specify a time, date, and place for a public hearing to hear
2 objections to the rejection of the petition. At the public
3 hearing, the commissioner shall elicit testimony and evidence
4 with regards to the proposed rejection. Following the receipt of
5 testimony, the drain commissioner shall determine whether or not
6 the petition should be rejected. If, after hearing testimony,
7 the drain commissioner determines to reject the petition, the
8 commissioner shall enter an order of rejection and apportion all
9 costs incurred to the district as if the project had been built
10 and the costs will be subsequently assessed and paid as provided
11 in chapter 7. An order of rejection does not limit the right to
12 file a subsequent petition.
13 Sec. 62. (1) Upon completion of the engineering analysis,
14 pursuant to section 60 the commissioner shall file a copy of the
15 engineering analysis in the commissioner's office and shall
16 convene a meeting to present and receive testimony and other
17 evidence on the engineering analysis and the project proposed to
18 be undertaken. The commissioner shall give notice of filing of
19 the engineering analysis and of the meeting in the manner
20 provided in section 8. The notice shall give all of the
21 following information:
22 (a) A general description of the drainage district.
23 (b) The name or number of the drainage district.
24 (c) A general map or description of the drainage district as
25 described in the engineering analysis or a general description of
26 the boundaries of that drainage district by municipal boundaries,
27 roadways, or parcels or tracts of land.
1 (d) A general description of the route and type of
2 construction and the estimated cost of the engineer's
3 recommendation.
4 (2) The drain commissioner shall consider the testimony and
5 other evidence offered at the public meeting under subsection (1)
6 and decide the route and course, type of construction, and other
7 features of the drain.
8 Sec. 63. (1) Unless the drain commissioner determines to
9 reject the petition under section 61(6), the drain commissioner
10 shall proceed to acquire property for the drain under section 7.
11 (2) After acquiring property necessary for the drain, the
12 drain commissioner shall prepare and promptly file in his or her
13 office a final order of determination establishing the drain.
14 (3) The apportionment and review of benefits, the letting of
15 contracts, and the levy and collection of drain special
16 assessments for the drain shall be as provided in chapters 7, 9,
17 and 11.
18
CHAPTER 5 .
19 INTERCOUNTY DRAINAGE
DISTRICTS . AND INTERCOUNTY DRAINS
20 Sec. 101. (1)
Before any action is taken on any petition
21 to locate, establish
and construct any drain, which proposed
22 drain will traverse
lands in more than 1 county, or affect more
23 than 1 county, there
shall first be filed with the commissioner
24 having jurisdiction of
any such lands an application to lay out
25 and designate a
drainage district with reference to a proposed
26 drain therein; such
application shall tentatively describe the
27 location and route of
such proposed drain. The application shall
1 be signed by a number
of freeholders in said drainage district
2 whose lands would be
liable to an assessment for benefits, equal
3 to 50% of any of the
freeholders whose lands would be traversed
4 by the drain or drains
applied for or abut on any highway or
5 street along the side
of which such drain extends, between a
6 point where such drain
enters such highway and the point where it
7 leaves such highway
and which lands are within the drainage
8 district To initiate the establishment of a drainage
district
9 and the establishment and construction of a drain that will
10 traverse lands in more than 1 county or affect more than 1
11 county, a petition shall be filed with the drain commissioner of
12 1 of the counties. Subject to subsection (2), the petition shall
13 be signed by 10 landowners in the intercounty drainage district
14 whose lands would be liable to assessment for benefits or at
15 least 50% of the landowners if there are less than 10 landowners
16 whose lands would be liable to assessment or may be signed by
17 landowners representing 25% of the land area liable to
18 assessment. The drain commissioner shall determine the
19 eligibility of the
signers to such application shall be
20 determined by their
interest of record in the office of the
21 register of deeds, in
the probate court or in the circuit court
22 of the county in which
such lands are situated at the time such
23 petition is filed the petition based on their status as
24 landowners when the petition was filed.
25 (2) Instead of landowners, a public corporation may petition
26 for the establishment of a drainage district and the
27 establishment and construction of a drain when duly authorized by
1 its governing body, if the proposed drain is necessary for public
2 health, safety, or welfare in the public corporation and if the
3 public corporation will be liable for an assessment at large for
4 a percentage of the cost of the proposed drain. The entry of an
5 order of necessity under section 104 shall be considered a
6 determination of the sufficiency of the petition.
7 (3) The petition shall request the establishment of a
8 drainage district and the establishment and construction of a
9 drain and set forth the reasons for the request. The petition
10 may request that measures be undertaken which are intended both
11 to enhance or improve the natural resource values of the proposed
12 drain and which provide direct benefit to the designed function,
13 longevity, or hydraulic capacity of the proposed drain. The
14 petition may propose a location and route for the drain.
15 (4) The petition shall be accompanied by a description or tax
16 parcel number of the land in the proposed district owned by each
17 signer and by a certificate of the county treasurer of each
18 county where such land is located as to payment of taxes and
19 special assessments against the land in that county. The
20 certificate shall be in substantially the following form:
21 I hereby certify that there are no taxes or special
22 assessments unpaid against any of the lands described in the
23 annexed list according to the records of the county treasurer's
24 office for the preceding 3 years, except as follows:
25 Description Year Tax or assessment Amount
26 ................. ............ ..................... ........
1 (5) The name of any signer as to whose land the certificate
2 shows taxes or assessments unpaid for the preceding 3 years shall
3 not be counted. If it appears from the certificate that 33-1/3%
4 or more of the lands in the proposed drainage district have been
5 returned as tax delinquent and still remain delinquent, the
6 commissioner shall not take further action on the petition.
7 (6) If the petition shows, or it is determined thereafter,
8 that the proposed drain will affect lands in only 1 county, the
9 commissioner shall proceed under chapter 3.
10 Sec. 102. (1)
Upon filing of such application Not more
11 than 21 days after a petition is filed, the commissioner shall
12 within 20 days send a copy of such application the
petition
13 by registered first-class
mail to the state director of
14 agriculture and also to
the drain commissioner of each county
15 in which lie lands liable for assessment for benefits for the
16 construction of such proposed drain.
17 (2) The drain commissioners of such counties and the director
18 of agriculture or any
deputy designated by him shall be and
19 constitute the
drainage board shall constitute the
drainage
20 board. If at any time the drainage board determines that lands
21 should be added to the drainage district and if those lands are
22 located in a county whose drain commissioner is not a member of
23 the drainage board, the drainage board shall notify that drain
24 commissioner and he or she shall become a member of the drainage
25 board. If at any time the drainage board determines that all the
26 lands from a particular county that are part of the drainage
27 district should be deleted from the drainage district, the drain
1 commissioner from that county shall no longer be a member of the
2 drainage board.
3 (3) The director of agriculture shall serve as chairperson of
4 the drainage board and shall only vote if there is a tie. The
5 drainage board shall act by majority vote of the drainage board.
6 (4) The state
director of agriculture shall call a meeting
7 of such the
drainage board , which meeting shall be held not
8 less than 15 and not
more than 60 days from the receipt of such
9 notice. Such meeting
shall be held in the immediate locality of
10 the proposed drainage
district. Notices of such meeting shall be
11 posted in 5 public
places within the proposed drainage district
12 within each county,
and served on the county clerk of each county
13 and the supervisor of
each township within the proposed drainage
14 district personally or
by registered mail at least 10 days before
15 such public meeting.
A notice of such meeting shall be published
16 in each county
affected once a week for 2 consecutive weeks
17 before such meeting in
a newspaper of general circulation in such
18 county, if there is
one, the first publication to be at least 10
19 days before the
meeting as soon as practical but
not later than
20 63 days after the filing of a petition.
21 (5) At the meeting, the drainage board shall determine if the
22 petition filed meets the requirements of section 101. If the
23 drainage board determines that the petition meets the
24 requirements of section 101, the drainage board shall promptly
25 arrange for the preparation of a preliminary analysis. Except as
26 provided in subdivision (a), an engineer shall prepare the
27 preliminary analysis. The drainage board shall select the
1 engineer based on the engineer's qualifications. The preliminary
2 analysis shall describe a drain and drainage district to address
3 the reasons for a drain and drainage district set forth in the
4 petition. The preliminary analysis shall include all of the
5 following:
6 (a) A description of the drainage district by its boundaries
7 of streets or highways or tracts or parcels of land, or by a
8 description of all tracts or all parcels of land, including all
9 highways, townships, counties, cities, and villages which would
10 be benefited by the construction of the proposed drain. The
11 description of the drainage district may be prepared by a
12 surveyor.
13 (b) A proposed route and course for the drain.
14 (c) A proposed type of construction of the drain.
15 (d) An estimate of the cost of the proposed drain.
16 (6) Upon completion of the preliminary analysis, a copy of
17 the preliminary analysis shall be filed in the office of each
18 drain commissioner on the drainage board and the office of the
19 director of agriculture and made available for public
20 inspection. The drainage board shall also file the preliminary
21 analysis with the district office of the land and water
22 management division, department of environmental quality, for the
23 district where the project is located.
24 (7) As soon as practical but not later than 60 days after the
25 filing of the preliminary analysis, the director of agriculture
26 shall call a hearing of the drainage board.
27 (8) The hearing of the drainage board shall be called within
1 the drainage district at a convenient place to be designated by
2 the director of agriculture. The drainage board hearing also may
3 be held outside the drainage district at a suitable public
4 building anywhere within the city, village, or township in which
5 the drain is located or, if there is no such building, at any
6 suitable public building near the drainage district.
7 (9) Notice of the hearing of the drainage board shall be
8 given in the manner provided in section 8. To determine which
9 landowners may be subject to assessment and should be given
10 notice, the drain commissioner of each affected county shall
11 forward to the director of agriculture a tentative description of
12 the proposed drainage district within that county. The director
13 of agriculture shall prepare and file in his or her office and
14 with the drain commissioner of each affected county a composite
15 description of the lands in the drainage district.
16 (10) The drainage board shall arrange for a certified court
17 reporter, stenomask reporter, or court recorder to attend each
18 hearing of the drainage board and take a verbatim record of the
19 proceedings. If proceedings are initiated in the circuit court
20 under section 106 or 108, the drainage board shall promptly
21 request the reporter or recorder to furnish a transcript of the
22 proceedings to the court. Upon request of the drainage board,
23 the reporter or recorder shall promptly furnish the transcript to
24 the court.
25 (11) The drainage board shall meet at the time and place
26 specified in the notice.
27 Sec. 103. Upon
convening said meeting the state director
1 of agriculture or any
deputy selected by him shall act as
2 chairman. The said
drainage board shall consider such
3 application, and
determine the sufficiency of the signatures
4 thereto, and shall go
over the route of said proposed drain and
5 take testimony to
determine its practicability. All persons
6 owning lands liable to
assessment for benefits or whose lands
7 shall be crossed by
said drain or any municipality affected may
8 appear for or against
said drain proceedings. If at said meeting
9 or at any subsequent
time before the entry of the order
10 designating a drainage
district, they shall determine that the
11 drainage of the
proposed drain area is not practical, no further
12 action shall be taken
thereon within 1 year. If said proposed
13 drain is determined to
be practical, then the drainage board
14 shall cause a survey
thereof to be made by a competent surveyor
15 or engineer to
ascertain the area which would be drained by the
16 proposed drain, and
the route and type of construction of drain
17 or drains most
serviceable for that purpose.
18 (1) The drainage board shall do all of the following at the
19 hearing:
20 (a) Elect a secretary.
21 (b) Receive testimony and evidence on whether the drain is
22 necessary and conducive to the public health, safety, or welfare
23 or for agriculture.
24 (c) Consider the preliminary analysis.
25 (2) Following the receipt of testimony and evidence and
26 consideration of the preliminary analysis, the drainage board
27 shall determine 1 of the following:
1 (a) That the proposed drain is necessary and conducive to
2 public health, safety, or welfare or for agriculture.
3 (b) That the proposed drain is not necessary and conducive to
4 public health, safety, or welfare or for agriculture.
5 (c) That the drain is practical, but that additional
6 information is needed to determine whether the drain is necessary
7 and conducive to the public health, safety, or welfare or for
8 agriculture, or to determine the boundaries of the drainage
9 district. If the drainage board finds that the drain is
10 practical, it shall receive testimony and evidence on the extent
11 of the lands proposed to be served by the drain and determine the
12 boundaries of the tentative drainage district, which lands will
13 be subject to assessment for costs incurred by the drainage board
14 in gathering the requested additional information, if the drain
15 is subsequently determined not necessary.
16 (d) Preliminarily determine the percentages of the cost of
17 establishing the district and constructing the drain that each
18 county will bear. The counties affected shall pay the costs
19 described in section 302 as provided in that section.
20 Sec. 103a. (1) After the drainage board determines the
21 drain practical and establishes a tentative drainage district, it
22 shall recess to allow for the gathering of the additional
23 information and shall enter an order of practicality that specifies
24 both of the following:
25 (a) The information under section 110 that is needed.
26 (b) The boundaries of the tentative drainage district.
1 (2) If during the gathering of the additional information the
2 drainage board determines that the drain is not practical, it
3 shall reconvene. Notice of the reconvened drainage board shall
4 be pursuant to section 8 and shall specify the determination by
5 the drainage board and the reasons therefor.
6 (3) At the hearing of the reconvened drainage board under
7 subsection (2), the board shall do the following:
8 (a) Receive testimony and evidence as to the drainage board's
9 determination.
10 (b) Determine to complete the gathering of the additional
11 information or find the drain is not necessary and conducive to
12 the public health, safety, or welfare or for agriculture and
13 order the costs assessed pursuant to the tentative drainage
14 district.
15 (4) If the reconvened drainage board determines to complete
16 the gathering of the additional information, it shall gather the
17 additional information.
18 (5) After gathering the additional information, the drainage
19 board shall reconvene. The director of agriculture shall give
20 notice of the reconvening of the drainage board in the manner
21 provided in section 8. At the reconvened hearing, the drainage
22 board shall do all of the following:
23 (a) Receive and consider the additional information.
24 (b) Receive testimony and evidence on whether the drain is
25 necessary and conducive to the public health, safety, or welfare
26 or for agriculture.
27 (c) Determine whether or not the drain is necessary and
1 conducive to the public health, safety, or welfare or for
2 agriculture.
3 (6) If the reconvened drainage board finds the drain is
4 necessary and conducive to the public health, safety, or welfare
5 or for agriculture, it shall proceed and make such orders as set
6 forth in section 105.
7 (7) If the reconvened drainage board finds the drain is not
8 necessary and conducive to the public health, safety, or welfare
9 or for agriculture, it shall enter an order to that effect and
10 costs shall be apportioned to the tentative drainage district as
11 provided in chapter 7 as if the drain had been constructed.
12 Sec. 104. The
surveyor or engineer authorized to make the
13 survey shall ascertain
the size and depth of the drains, and
14 shall preserve all
minutes with reference thereto. He shall
15 prepare plans,
drawings and profiles thereof, together with a
16 computation of the
yards of earth to be excavated, and where
17 practicable the
leveling of the spoil banks or the amount of tile
18 or pipe to be used and
the necessary bridges and culverts or
19 fords to be built in
constructing the proposed drains, and his
20 estimate of the cost
of such construction. He shall thereupon
21 lay out a proposed
drainage district, which district may be
22 described by its
boundaries of streets and highways or tracts or
23 parcels of land or by
a description of all tracts or parcels of
24 land, including
therein all highways, townships, counties, cities
25 and villages which
would be benefited by the construction of the
26 proposed drain, all of
which he shall deliver to the drainage
27 board. The surveyor
or engineer shall not be limited to the
1 route described in the
application, but may recommend a route and
2 type of construction
for the drains he considers most serviceable
3 for draining the area
involved.
4 (1) If the drainage board by majority vote finds the drain is
5 necessary and conducive to the public health, safety, or welfare
6 or for agriculture, either at the first hearing or following a
7 reconvened hearing pursuant to section 103a, the drainage board
8 shall:
9 (a) Receive testimony and other evidence on the extent of the
10 lands proposed to be served by the drain and determine the
11 boundaries of the drainage district. If the drainage board at
12 any time finds that the drain would serve lands in only 1 county,
13 the drainage board shall file an order to that effect and refer
14 the petition to the drain commissioner of that county for
15 proceedings under chapter 3.
16 (b) Designate a preliminary name for the drain and drainage
17 district.
18 (c) Determine whether a portion of the costs of construction
19 of the proposed drain is necessary for the public health, safety,
20 or welfare or for agriculture in 1 or more public corporations
21 and identify those public corporations.
22 (2) If it appears to the drainage board at any time that the
23 drainage district may include lands whose landowners were not
24 sent notice of the hearing in the manner provided in section 8,
25 the drainage board shall enter a finding to that effect
26 identifying the additional lands and file the finding with the
27 director of agriculture. The drainage board shall recess the
1 hearing. The director of agriculture shall promptly give notice
2 of the pending reconvened hearing to the landowners of the
3 additional lands and all other persons entitled to notice under
4 section 8, in the manner provided in section 8 and shall call the
5 drainage board to reconvene.
6 Sec. 105. The
chairman of the drainage board shall
7 thereupon prepare an
order designating a drainage district,
8 giving it a name or
number and describe therein the drainage
9 district by its
boundaries of streets and highways or tracts or
10 parcels of land or by
a description of all tracts or parcels of
11 land included therein
and the counties, townships, cities,
12 villages and state
trunk line highways including therein all
13 highways, townships,
counties, cities and villages, which would
14 be benefited by the
construction of such drain and would be
15 liable to an
assessment therefor; also a description of the drain
16 according to the plans
and specifications prepared by the
17 surveyor or engineer
and determined by the drainage board,
18 showing the beginning,
route, terminus, type of construction and
19 the estimated cost of
the construction. Notice of filing of the
20 order shall be given
by the state director of agriculture by
21 publishing a notice in
a newspaper in each county affected, once
22 in each week for 2
successive weeks, which notice shall give a
23 general description of
the route of the drain and of the drainage
24 district as shown by
the order. A copy of the order shall within
25 10 days be filed by
the state director of agriculture in the
26 office of the county
drain commissioner of each county in which
27 lie lands included in
the district.
1 At
any time after the order designating an intercounty
2 drainage district,
giving it a name or number, has been filed in
3 the offices of the
county drain commissioners of the counties
4 within the district,
the order may be amended as to the name or
5 number of the drain by
a written request of a drain commissioner
6 of 1 of the counties
traversed by the drain, which request shall
7 state the then present
name or number of the drain and the change
8 to be made in the name
or number. Upon filing of the request,
9 the drain commissioner
shall mail a copy of the request, to the
10 state director of
agriculture and also to the drain commissioner
11 of each county in
which lie lands liable for assessments for the
12 drain. The state
director of agriculture shall call a meeting of
13 the drainage board and
if, in the opinion of the drainage board,
14 it is found advisable
to change the name or number of the drain,
15 they shall file an
order designating such change. The drainage
16 board shall also
designate the number of signs to be posted upon
17 the drain as they may
deem advisable for public notice of the new
18 name or number.
Copies of the order changing the name or number
19 of the drain shall be
filed with the drain commissioner and the
20 county treasurer of
each county liable for assessments of such
21 drain. If the
commissioners of the counties affected cannot
22 agree as to the
apportionment of costs for laying out a drainage
23 district, the director
of agriculture or any deputy appointed by
24 him shall apportion
the costs and the counties affected shall pay
25 the same as provided
in section 302 of this act.
26 (1) If the drainage board by a majority vote finds the drain
27 is necessary and conducive to the public health, safety, or
1 welfare or for agriculture, either at the first hearing or
2 following a reconvened hearing pursuant to section 103a, the
3 drainage board shall enter an order of necessity and file the
4 order of necessity with the director of agriculture.
5 (2) The order of necessity shall specify:
6 (a) The finding of necessity.
7 (b) The boundaries of the drainage district.
8 (c) The public corporations determined liable for assessment
9 at-large for a portion of the costs of the drain for public
10 health, safety, or welfare.
11 (3) The drainage board shall not determine the scope of the
12 project in the order of necessity or at the hearings pursuant to
13 sections 102 and 103a. The scope of the project is within the
14 sole authority of the drainage board in consultation with its
15 engineers or other qualified professionals.
16 Sec. 106. If the
drain commissioner of a county involved
17 considers the
apportionment between the counties to be unfair,
18 the commissioner shall
have the right to have the apportionment
19 reviewed by an arbitration
board to be composed of drain
20 commissioners from
unaffected counties in this state. Within 20
21 days after the order
of apportionment provided in section 105,
22 the commissioner shall
file with the department of agriculture a
23 claim for review by
arbitration in which the commissioner shall
24 state briefly in what
respect he or she considers the
25 apportionment unfair
and request, over the commissioner's
26 official signature, a
review by arbitration. The commissioner
27 shall nominate a
disinterested drain commissioner as his or her
1 choice for the
arbitration board. Upon receipt of the claim for
2 review by arbitration,
the director of the department of
3 agriculture or the
director's deputy shall forward to each county
4 drain commissioner
involved, except the claimant, within 10 days,
5 a copy of the claim
for review by arbitration. The
6 commissioners, within
10 days, shall notify the department of
7 agriculture of their
selection to the arbitration board. The
8 director of the
department of agriculture, at the earliest date,
9 consistent with Act
No. 267 of the Public Acts of 1976, but not
10 later than 30 days
after the notice, shall notify the chosen
11 drain commissioners of
a date and time they shall meet in the
12 commissioner's office
in Lansing. At the meeting they shall
13 select 1 or 2 more
unaffected drain commissioners in the state to
14 complete the board of
review. Only 1 shall be selected if the
15 board members selected
by the drain commissioners affected
16 constitute an even
number and 2 shall be selected if the board
17 members selected by
the drain commissioners affected constitute
18 an odd number. Upon
selection of the final members of the board
19 of review, those
members present shall set a date, time, and
20 place in an affected
county for a first full meeting of the board
21 of review. Notice of
the meeting shall be posted in 5 public
22 places in each county
affected and be served personally or by
23 registered mail at
least 10 days before the meeting on the county
24 clerk of the county
and the supervisor of a township in each
25 county traversed by
the drain. A notice of the meeting shall be
26 published once a week
for 2 consecutive weeks before the meeting
27 in a newspaper
published and of general circulation in the
1 counties affected.
The first publication is to be at least 10
2 days before the
meeting. The director of the department of
3 agriculture shall
notify the 1 or 2 drain commissioners selected
4 of their appointment and
of the date, time, and place of the next
5 meeting of the full
board. The board of arbitration shall
6 convene at the time,
date, and place specified, elect a
7 chairperson and
secretary, and review the fairness of the
8 apportionment between
the counties. The board may adjourn until
9 their review is
completed. The findings shall be made and signed
10 by all the members
attesting the determination of the majority of
11 the board and the
determination by the majority of the board
12 shall be final and
conclusive as to the fairness of the
13 apportionment. Within 7 days after the order of necessity is
14 filed, the drainage board shall notify by first-class mail each
15 public corporation identified in the order of necessity as
16 receiving benefits at-large for public health, safety, or welfare
17 that it is liable to pay a percent of the cost of construction of
18 the drain for benefits for public health, safety, or welfare.
19 The governing body of the public corporation, within 21 days
20 after mailing of the notification from the drainage board, may
21 appeal the order of necessity as to the finding that all or a
22 portion of the costs is necessary for public health, safety, or
23 welfare. The appeal shall be filed with the circuit court in the
24 county in which the territory of the public corporation is
25 located.
26 Sec. 107. If the drainage board finds that the drain is not
27 necessary and conducive to the public health, safety, or welfare
1 or for agriculture, all of the following apply:
2 (a) The drainage board shall file with the director of
3 agriculture an order of no necessity rejecting the petition.
4 (b) Costs shall be paid as apportioned amongst the counties
5 as determined in section 103 and pursuant to chapter 7 as if the
6 drain had been constructed.
7 (c) A new petition for the drain shall not be filed within 1
8 year after the filing of the order of no necessity.
9 Sec. 108. After the drainage board files an order of no
10 necessity or files an order of necessity, a public corporation or
11 other person feeling aggrieved by the order may institute an
12 action in a circuit court for any county in which the drainage
13 district is located for a review of the order. The action shall
14 be filed within 14 days after the filing of the order. The
15 circuit court shall determine whether the order was authorized by
16 law and supported by substantial, material, and competent
17 evidence on the whole record. The review shall be made on the
18 record presented to the drainage board and no additional
19 testimony or information shall be offered except for purposes of
20 claim of fraud or error of law. After the review of the record,
21 the court may remand the matter to the drainage board and order
22 the drainage board to reconvene for purposes of securing
23 additional testimony and evidence on issues which the court
24 considers necessary to render its decision on the appeal.
25 Following the hearing on remand, the record shall be transmitted
26 to the court for hearing and decision.
27 Sec. 109. (1) After the order of necessity is filed, the
1 drainage board, subject to subsection (2), shall execute a first
2 order of determination and file the first order of determination
3 with the director of agriculture. The first order of
4 determination shall do all of the following consistent with the
5 order of necessity:
6 (a) Establish the drainage district and give it a name or
7 number.
8 (b) Describe the drainage district by its boundaries or by a
9 description of all the land that would be benefited by the
10 construction of the drain and would be liable to assessment
11 therefor, including the counties, townships, cities, and
12 villages; roadways; and parcels of land identified by legal
13 description or tax code parcel number.
14 (c) Describe the beginning, route, terminus, type of the
15 proposed construction, and the estimated cost of such proposed
16 construction.
17 (d) Review and establish the percentages of the whole cost of
18 construction which each county shall bear, as preliminarily
19 determined under section 103, and determine the number of
20 installments in which the drain special assessments shall be
21 collected.
22 (2) If a drain commissioner considers the apportionment
23 between the counties to be unfair, the commissioner shall request
24 the director of agriculture to review the apportionment and make
25 a recommendation of an apportionment between the counties. If
26 the recommendation is not adopted by majority vote, or if the
27 recommendation is adopted and a drain commissioner finds that the
1 apportionment is unfair, it may be reviewed pursuant to
2 subsection (3).
3 (3) If a drain commissioner considers the apportionment
4 between the counties to be unfair, the commissioner may have the
5 apportionment reviewed by an arbitration board composed of
6 disinterested drain commissioners. Within 21 days after the
7 filing of the order of necessity under section 105, the
8 commissioner shall file with the director of agriculture a signed
9 claim for review by arbitration in which the commissioner shall
10 state briefly in what respect he or she considers the
11 apportionment unfair and request a review by arbitration. The
12 commissioner shall select a disinterested drain commissioner to
13 be a member of the arbitration board. Not more than 14 days
14 after receipt of the claim for review by arbitration, the
15 director of agriculture shall forward to the drain commissioner
16 of each county to which a percentage of benefits has been
17 apportioned, except the claimant, a copy of the claim for review
18 by arbitration. Each such commissioner shall select 1
19 disinterested drain commissioner to be a member of the
20 arbitration board and, within 14 days, shall notify the
21 department of agriculture of his or her selection. The director
22 of agriculture, at the earliest date consistent with the open
23 meetings act, 1976 PA 267, MCL 15.261 to 15.275, but not later
24 than 28 days after the notice, shall notify the selected drain
25 commissioners of a date and time they shall meet in the office of
26 the director of agriculture in Lansing. At the meeting, they
27 shall complete the arbitration board by selecting 1 or 2 more
1 disinterested drain commissioners, as appropriate so the
2 arbitration board has an odd number of members.
3 (4) Upon selection of the final members of the arbitration
4 board, those members present shall set a date, time, and place in
5 an affected county for a first full meeting of the arbitration
6 board. Notice of the meeting shall be served personally or by
7 first-class mail at least 14 days before the meeting on the
8 county clerk of each affected county and the clerk of each
9 township in each affected county. The arbitration board shall
10 publish a notice of the meeting once a week for 2 consecutive
11 weeks before the meeting in a newspaper published and of general
12 circulation in the counties affected. The first publication
13 shall be at least 14 days before the meeting. The director of
14 agriculture shall notify the drain commissioners selected of
15 their appointment and of the date, time, and place of the next
16 meeting of the arbitration board.
17 (5) The arbitration board shall convene at the time, date,
18 and place specified, take testimony from the affected parties,
19 elect a chairperson and secretary, and review the fairness of the
20 apportionment between the counties. The arbitration board may
21 adjourn until the review is completed. The findings shall be
22 made and signed by all the members attesting the determination of
23 the majority of the arbitration board, and the determination by
24 the majority of the arbitration board is final and conclusive as
25 to the fairness of the apportionment. Commissioners so appointed
26 shall be compensated in the same amount and manner as members of
27 the county board of commissioners in their respective counties.
1 Other costs of the arbitration board shall be borne by the
2 district.
3 (6) If an appeal is not filed, the drainage board shall
4 satisfy the requirements of subsection (1) upon the expiration of
5 the appeal periods under section 106 and, if applicable, 108. If
6 an appeal is filed, the drainage board shall satisfy the
7 requirements of subsection (1) after the appeal procedures are
8 terminated.
9 Sec. 110. After the drainage board files the first order of
10 determination, it shall secure the services of an engineer and
11 arrange for the preparation of an engineering analysis. The
12 drainage board shall select the engineer based on the engineer's
13 qualifications. The engineering analysis shall describe a drain
14 and drainage district to address the reasons for a drain and
15 drainage district set forth in the petition and in the evidence
16 and testimony received at the hearing of the drainage board.
17 Except as provided in subdivisions (e) and (j), the engineering
18 analysis shall be prepared by an engineer and shall include all
19 of the following:
20 (a) Hydrologic and hydraulic report that includes, but is not
21 limited to, a discussion of the present drainage characteristics
22 and the impacts of the proposed project on flooding
23 characteristics downstream of the drainage district.
24 (b) Recommended route and course.
25 (c) An existing and proposed profile of the recommended route
26 and course.
27 (d) Description of the recommended work including crossings,
1 structures, and facilities.
2 (e) A description of the drainage district by its boundaries
3 of streets or highways or tracts or parcels of land, or by a
4 description of all tracts or all parcels of land, including all
5 highways, townships, counties, cities, and villages which would
6 be benefited by the construction of the proposed drain. The
7 description of the drainage district may be prepared by a
8 surveyor.
9 (f) An estimate of the cost of construction of the engineer's
10 recommendation.
11 (g) A description of alternatives considered.
12 (h) An analysis of the effectiveness of the proposed project
13 to address the conditions that it is intended to remedy, create,
14 or enhance.
15 (i) A maintenance plan for the drain.
16 (j) An evaluation of the impacts of the project on natural
17 resources that identifies appropriate practical measures to
18 minimize adverse effects. The evaluation need not be part of the
19 engineering analysis and may instead be prepared by a
20 commissioner or another qualified professional.
21 (k) Any other information requested by the drainage board.
22 Sec. 111. (1) The engineer shall prepare final plans,
23 specifications, and an estimate of costs of the proposed drain.
24 The commissioner shall secure from the engineer or a surveyor a
25 description of the lands or rights-of-way needed for the proposed
26 drain. In approving the route of the drain as furnished by the
27 engineer, the drainage board is not limited to that described in
1 the petition or in the first order of determination, if the new
2 route is more efficient and serviceable.
3 (2) If the drainage board determines that the drain is
4 necessary and conducive to the public health, safety, or welfare
5 or for agriculture, the drainage board shall convene a meeting
6 under section 112 to provide information or elicit information
7 and testimony with regards to the route and type of construction
8 and estimate of cost of the drain to assist the drainage board in
9 determining the scope of the drain project to be undertaken by
10 the board. The meeting is for informational purposes only.
11 (3) The drainage board shall obtain any permits required
12 under the natural resources and environmental protection act,
13 1994 PA 451, MCL 324.101 to 324.90106. All costs associated with
14 evaluating natural resource impacts and implementing the measures
15 to minimize those impacts shall be the responsibility of the
16 drainage district.
17 (4) Measures that are intended to enhance or improve natural
18 resource values but that will not provide benefit to the designed
19 function, longevity, or hydraulic capacity of the drain may be
20 included as part of the drainage project in the discretion of the
21 drainage board. The funding for such measures may only include
22 gifts, donations, grants, contracts pursuant to section 431,
23 special assessments other than special assessments under this
24 act, or any combination thereof, as considered appropriate by the
25 drainage board.
26 (5) If, after the receipt of the plans, specifications,
27 estimate of cost, and descriptions of the lands or rights-of-way
1 needed for the proposed drain, the drainage board determines that
2 the project is not feasible, it shall notify the landowners and
3 public corporations in the district by first-class mail of the
4 intent to reject the petition. The notice shall specify the
5 reasons for the proposed rejection. The notice shall also
6 specify a time, date, and place for a public hearing to hear
7 objections to the rejection of the petition. At the public
8 hearing, the drainage board shall elicit testimony and evidence
9 with regards to the proposed rejection. Following the receipt of
10 testimony, the drainage board shall determine whether or not the
11 petition should be rejected. If, after hearing testimony, the
12 drainage board determines to reject the petition, it shall enter
13 an order of rejection and apportion all costs incurred to the
14 district as if the project had been built and the costs will be
15 subsequently assessed and paid as provided in chapter 7. An
16 order of rejection does not limit the right to file a subsequent
17 petition.
18 Sec. 112. (1) Upon completion of the engineering analysis,
19 pursuant to section 110 the drainage board shall file a copy of
20 the engineering analysis in the office of the director of
21 agriculture and the office of each drain commissioner on the
22 drainage board and shall convene a hearing to present and receive
23 testimony and other evidence on the engineering analysis and the
24 project proposed to be undertaken. The drainage board shall give
25 notice of filing of the engineering analysis and of the hearing
26 in the manner provided in section 8. The notice shall give all
27 of the following information:
1 (a) A general description of the drainage district.
2 (b) The name or number of the drainage district.
3 (c) A general map or description of the drainage district as
4 described in the engineering analysis or a general description of
5 the boundaries of that drainage district by municipal boundaries,
6 roadways, or parcels or tracts of land.
7 (d) A general description of the route and type of
8 construction and the estimated cost of the engineer's
9 recommendation.
10 (2) The drainage board shall consider the testimony and other
11 evidence offered at the public hearing under subsection (1) and
12 decide the route and course, type of construction, and other
13 features of the drain.
14 Sec. 113. (1) Unless the drainage board determines to
15 reject the petition under section 111(6), the drainage board
16 shall proceed to acquire property for the drain under section 7.
17 (2) After acquiring property necessary for the drain, the
18 drainage board shall prepare and promptly file in the office of
19 the director of agriculture a final order of determination
20 establishing the drain.
21 (3) The apportionment and review of benefits, the letting of
22 contracts, and the levy and collection of drain special
23 assessments for the drain shall be as provided in chapters 7, 9,
24 and 11.
25 Sec. 114. A full record of the drain shall be made and
26 entered by the director of agriculture and several commissioners
27 in the drain records of their respective counties, and a copy of
1 all the records relative to the establishment and construction of
2 the drain shall be delivered to the other commissioners and the
3 director of agriculture by the commissioner having the original
4 application or petition, which copies shall be filed in the
5 office of the director of agriculture and the county drain
6 commissioner of the respective counties as original records are
7 required to be filed and with the same force and effect.
8 Sec. 115. The drainage board, acting on behalf of the
9 drainage district, may borrow money and may issue bonds or notes
10 therefor as provided for drains lying wholly within 1 county.
11 The bonds or notes shall be signed by the members of the drainage
12 board and shall be countersigned by the clerks of the counties
13 affected. Bonds or notes issued under this chapter are payable
14 at the office of the county treasurer selected by the drainage
15 board to serve as the treasurer of the drainage district. The
16 bonds or notes shall be deposited and safely kept by the
17 treasurer until sold and delivered. All installments, with
18 interest thereon, of the special assessments shall be transmitted
19 as collected by the treasurer or treasurers of the other county
20 or counties concerned to the treasurer of the drainage district,
21 who shall issue a receipt therefor and shall place the money in
22 the fund of the drain to be disbursed solely for the retirement
23 of the bonds or notes at maturity and the payment of interest
24 thereon.
25 Sec. 116. If a proposed drain lies wholly or partly in an
26 adjoining state, or the lands to be drained thereby lie partly in
27 an adjoining state, a petition to establish a drainage district
1 and establish and construct a drain as specified in this act may
2 be made to any commissioner representing any county in this state
3 in which any portion of the proposed drain or lands to be
4 affected thereby lie, and the same proceedings shall be had
5 regarding the portion of the drain or the lands to be drained or
6 affected thereby lying within this state as are provided in this
7 act for drains and lands lying wholly within this state.
8 However, before any expense is incurred in relation to the
9 proposed drain, a voluntary release of the right-of-way to
10 construct the drain or portion of the drain that lies without
11 this state and an agreement to keep it or permit it to be kept,
12 clear from obstruction shall first be obtained from the parties
13 owning lands outside of this state through which the drain or
14 portion thereof is to pass, and such release and agreement shall
15 be filed with the said drain commissioner and shall form a part
16 of the record of his or her proceedings in the premises.
17 Sec. 117. An action involving an intercounty drain may be
18 brought in the circuit court of a county in which a part of the
19 intercounty drainage district is established, subject to the
20 Michigan rules of court.
21
CHAPTER 7 .
22
APPORTIONMENT AND REVIEW .
23 Sec. 151. (1)
Upon the release of the right-of-way and
24 damages, or upon the
determination and return of the special
25 commissioners after the drain commissioner, for a county drain,
26 or drainage board, for an intercounty drain, acquires
27 rights-of-way or easements, the commissioner or drainage board
1 shall make his the
final order of determination establishing
2 the drain. ,
which The drain shall project may be divided
3 into convenient
sections for the letting of contracts:
4 Provided, That the
commissioner may let the drain in sections or
5 as a whole. Said for the purpose of letting contracts. The
6 order of determination shall be filed with the county drain
7 commissioner within 5
not more than 7 days after such the
8 order is made. He
shall, before
9 (2) The drain commissioner, for a county drain, or drainage
10 board, for an intercounty drain, may amend a final order of
11 determination by changing the name or number of the drain or the
12 boundaries of the district if there is filed with the drain
13 commissioner or drainage board a petition signed by not less than
14 5 landowners whose land is traversed by the drain, stating the
15 then present name or number of the drain and the change or
16 changes to be made in the name or number of the drain or the
17 boundaries of the district. A petition to change the boundaries
18 of the drainage district shall be accompanied by a certification
19 from an engineer or surveyor. If in the drain commissioner's or
20 drainage board's opinion it is to the best interest of all
21 concerned that the name or number of the drain or the lands be
22 changed, the drain commissioner or drainage board shall make an
23 order amending the name, number, or district boundaries, and
24 thereafter the drainage district shall be known by the name or
25 number and the boundary shall be as set forth in the amended
26 order. If such an order is made, the drain commissioner or
27 drainage board shall provide notice of such a change in the
1 manner provided in section 8 to the drainage district and convene
2 a day of review of apportionments.
3 (3) Before the
day of letting and review of apportionments,
4 the drain commissioner or drainage board shall fix the number of
5 installments for the
collection of drainage taxes assessments
6 and apportion the per
cent percent of the cost of construction
7 of such drain which
any township, city or village traversed or
8 benefited thereby
shall be the drain that any city,
village, or
9 township is liable to pay by reason of the benefit to the public
10 health, convenience safety,
or welfare, or as the means of
11 improving any highway
under the control of such township, city or
12 village. He shall
apportion the per cent of the cost of
13 construction of such
drain which any highway then under the
14 control of the county
or district road commissioners, shall be
15 liable to pay by
reason of benefits therefor, and as the means of
16 improving such
highway. He shall also apportion the per cent of
17 the cost of
construction of such drain which any state trunk line
18 highway, under the
control of the state highway commissioner,
19 shall be liable to pay
by reason of benefits therefor and as the
20 means of improving
said highway. He that any
municipality or
21 the state transportation department is liable to pay by reason of
22 benefits to or contributions from a roadway.
23 (4) For a county drain, the drain commissioner shall also
24 apportion the per
cent percent of benefits to accrue to any
25 piece or parcel of land including lands owned by any public
26 corporation by reason of the construction, maintenance, or
27 improvement of such the
drain over and above the per cent
1 percent apportioned to
any township, city or village at large
2 public corporation or to
any highway roadway as above
3 provided. Such per
cent For an intercounty drain, the drain
4 commissioner for each county in which lands subject to assessment
5 for the drain are located shall so apportion the percent of
6 benefits to accrue to those lands. The percent so apportioned
7 when finally approved
shall be assessed against such townships,
8 cities and villages
and against the county at large by reason of
9 the improvement of the
highways within the drainage district, and
10 against the state by
reason of the improvement of the state trunk
11 line highways within
such drainage district, and against all
12 parcels of land
therein according to such the
apportionment of
13 benefits. as
herein provided. The apportionment of benefits so
14 made shall be and addition of lands to the drainage district are
15 subject to review and correction and may be appealed from as
16 provided in this act.
provided. The board of supervisors
17 commissioners at its October meeting each year shall make
18 provision by proper assessment of the amounts apportioned against
19 any highway under the
control of the county and district highway
20 commissioners county road.
21 Sec. 152. (1)
All apportionments of benefits under the
22 provisions of this act
shall be upon the principle of Each
23 apportionment shall be based upon benefits derived as
24 specifically described in a written document that shall be
25 available for inspection on the day of review. All
26 descriptions
27 (2) If the act or omission of a person increases or reduces
1 the need for maintenance or improvement of the drain, the drain
2 commissioner may consider the act or omission in making the
3 apportionment.
4 (3) A description of
land under the provisions of this act
5 shall be made by giving the legal subdivision thereof, whenever
6 practicable, and when the tract of land which is to be benefited
7 or affected by such a
drain is less than such a legal
8 subdivision, it may be described by designation of the lot or a
9 part of a lot or other
boundaries, or in some way. by which it
10 may be known. If the drain commissioner retains in his or her
11 office a detailed description, map, or other specification that
12 designates a parcel or portion of a parcel to be benefited by the
13 drain, the commissioner, instead of providing a specific
14 description of the parcel, may designate the parcel by use of the
15 parcel's tax parcel identification number.
16 (4) The apportionment of benefits for state trunk line
17 highways, and the portion paid by county road commissions, the
18 county executive, or other agency acting as the county road
19 commission for benefit to county roads, must be paid pursuant to
20 section 14a of 1951 PA 51, MCL 247.664a.
21 Sec. 153. Such The
final order of determination shall
22 contain a description of the district to be assessed for benefits
23 in the construction of said
the drain, either by boundaries or
24 by description or tax parcel identification number of the several
25 tracts or parcels of land
to be assessed. , which said The
26 tracts or parcels and the county, townships, cities, villages,
27 and highways roadways
therein shall constitute the special
1 assessment district.
, and which district shall in said order be
2 designated the final order of determination shall designate
the
3 district by name or number.
4 Sec. 154. (1) The
commissioner A commissioner responsible
5 for apportionment of benefits for a county or intercounty drain
6 shall give notice under section 8 of a time and place for the
7 meeting for the review of the apportionments made by that
8 commissioner. The meeting shall be held not less than 7 or more
9 than 28 days after the date set for the receiving of bids for
10 the construction of the drain. and for the
holding of a public
11 meeting. At the
meeting a review shall be made of the
12 apportionment of
benefits. The notice shall specify the time and
13 place of receiving
bids, and the time and place of the meeting
14 for review of
apportionment. The meeting shall be not less than
15 5 nor more than 30
days after the date set for receiving bids.
16 The notice shall be
given by publication of at least 2 insertions
17 in a newspaper
published and of general circulation in the
18 county. The first
publication shall be at least 10 days before
19 the date set for
receiving bids. The drain commissioner shall
20 send notice by first
class mail of the time, date, and place of
21 the meeting, at least
10 days before the date of the meeting, to
22 each person whose name
appears upon the last city or township tax
23 assessment roll as
owning land within the special assessment
24 district, at the
address shown on the roll. If an address does
25 not appear on the
roll, then notice need not be mailed to the
26 person. The drain
commissioner shall make an affidavit of the
27 mailing and shall
recite in the affidavit that the persons to
1 whom the notice was
mailed, constitute all of the persons whose
2 names and addresses
appear upon the tax rolls as owning land
3 within the particular
special assessment district. The affidavit
4 shall be conclusive
proof that notice was mailed to each person
5 to whom notice is
required to be mailed. If notice has been sent
6 by first class mail as
provided in this section, the failure to
7 receive notice by mail
shall not constitute a jurisdictional
8 defect invalidating a
drain proceeding or tax. If the
board of
9 determination determines that the drain is necessary for the
10 protection of the public health, safety, or welfare and that the
11 whole cost of the drain, except that part which may be
12 apportioned to roadway authorities for benefits to highways,
13 shall be apportioned to municipalities
public corporations,
14 then mailing of individual notices to persons owning land within
15 the special assessment district as provided in this section
16 shall not be is not required.
17 (2) The notice
shall also contain the names of the counties,
18 cities, townships, or villages
to be assessed at large, and shall
19 be personally served
on the county clerk and 1 or more members of
20 the road commission of
a county or road district, the supervisor
21 of a township, the
mayor of a city, and the president of a
22 village to be assessed
at large. The notice shall contain a
23 description of the
land constituting the special assessment
24 district for the
drain. The description may be stated by
25 designating the
boundaries of the special assessment district by
26 streets, highways,
parcels, or tracts of land or by describing
27 the tracts or parcels
of land constituting the district. A tract
1 or parcel need not be
subdivided beyond the point where the whole
2 of the tract or parcel
is within the drainage district or to
3 describe the drain
further than by reference to it by its name or
4 number. The notice
shall also state the number and length of
5 sections, the average
depth and width of each section, and in
6 case of closed drains,
the amount and specifications of all tile
7 or pipe required. The
notice shall contain the location, number,
8 type, and size of all
culverts and bridges and the conditions
9 upon which the
contract will be awarded. The notice need not
10 contain minutes of
survey or table of cuttings which shall be
11 kept on file in the
office of the drain commissioner.
12 (2) (3)
Bids shall be received and computation of the total
13 cost of the drain
shall be made before the time set for A
day of
14 review shall be held for all projects undertaken as a result of a
15 petition and an order of necessity or as a result of an order of
16 determination under section 423. Before the review of the
17 apportionment, and the
drain commissioner, for a county drain,
18 or drainage board, for an intercounty drain, shall prepare a
19 computation of the total cost of the drain project including the
20 items listed in section 261. The computation shall be open to
21 inspection. If the computation is not completed before the day
22 of review, the review may be adjourned from time to time, not
23 more than 20 21
days in all, for the completion of the
24 computation, or a new hearing may be called with similar notice,
25 by publication and
service at least 10 14 days before the
26 hearing. If the contracts on which the computation was based are
27 not executed and new
contracts shall will be let at a higher
1 price, a corrected computation shall be made and a new review
2 held with a similar notice. At the time and place fixed in the
3 notice, or at another time and place to which the county drain
4 commissioner may adjourn the hearing, the apportionment of
5 benefits and the lands comprised within the special assessment
6 district shall be subject to review for at least 1 day. The
7 review shall be held open from 9 a.m. until 5 p.m. On the day of
8 review, the county clerk or the county road commission may appear
9 on behalf of the county
or a road district; the supervisor or
10 commissioner of
highways of a township may appear on
behalf of a
11 township; the mayor or an officer of the city designated by the
12 mayor may appear for a city; the president may appear on behalf
13 of a village; and a designated official may appear on behalf of
14 any other public corporation. At the review, the county drain
15 commissioner shall hear the proofs and allegations and shall
16 carefully reconsider and review the description of land comprised
17 within the special assessment district, the several descriptions
18 and apportionment of benefits, and define and equalize the land
19 as is just and equitable.
20 (3) (4)
When If an apportionment of benefits is made
21 against a state trunk
line highway, unless the state highway
22 director of transportation consents in writing to the
23 apportionment, the drain
commissioner, at least 20 21 days
24 before the review on
the trunk line day of review, shall notify
25 the director of transportation by registered certified mail
26 the state highway
director of the percentage
apportioned
27 against the state trunk line highway and the date, time, and
1 place fixed for a review of apportionment of benefits. If the
2 state highway director of transportation desires to have the
3 apportionment of benefits
reviewed by the director of the
4 department of agriculture, the state highway director ,
5 within 10 of transportation, then, not more than 14 days
from
6 after the receipt of the notice, the director of transportation
7 shall file with the drain commissioner an objection to the
8 apportionment. The drain commissioner shall notify the director
9 of the department of agriculture of the date, time, and place
10 fixed for the review of
apportionments. , and at At the
11 meeting, the
director of the department of agriculture , or a
12 deputy of the
director, shall review the
apportionment made
13 against the state trunk line highway, listen to the proofs and
14 allegations of the parties, and may view the state trunk line
15 highway benefited. The action and decision on the apportionment
16 shall be reduced to
writing shall be is final.
17 (4) The director of transportation shall notify the drain
18 commissioner in writing whether the will pay any assessment
19 against state trunk line highways in a single payment or in
20 installments. If the director of transportation does not specify
21 before the advertisement of the sale of bonds or notes whether
22 the department will pay the assessment in full or in
23 installments, the department is liable for the interest charges
24 incurred as a result of the sale of bonds or notes.
25 (5) Assessments related to drainage of state trunk line
26 highways shall be paid from funds appropriated to the state
27 transportation department.
1 Sec. 155. The owner of any land in the drainage district or
2 any city, township,
village, district or county having control
3 of any highway which
may feel public corporation that
is
4 aggrieved by the
apportionment of benefits so or addition of
5 lands to the drainage district made by the commissioner, may,
6 within 10 not more than 14 days after the day of review
of such
7 apportionments, appeal
therefrom and for such purpose make an
8 application to the
probate court of the proper county for the
9 appointment of a board
of review, the apportionment, may
appeal
10 the apportionment by
filing with said probate court the circuit
11 court for the county where the land or public corporation is
12 located a notice of appeal requesting the appointment of a board
13 of review and at the
same time filing with said court a bond.
14 The bond shall be in such
sum as the circuit judge of probate
15 may require, with 1 or more sureties to be approved by the
16 circuit judge, of
probate, conditioned upon the payment of all
17 costs in case of
the appeal, including engineering expenses,
18 attorney fees, and witness fees, allowed under the Michigan court
19 rules, if the apportionment or amendment to the drainage district
20 made by the commissioner shall
be is sustained. Such The
21 appeal may be taken by
the chairperson of the county or district
22 road board of commissioners in behalf of the
county, the
23 chairperson of the county board of road commissioners in behalf
24 of the road commission, the mayor of any city in behalf of the
25 city, by the
supervisor in behalf of any a township, or by
26 the president of any a
village in behalf of the village when
27 authorized by the county board of commissioners, the board of
1 county road commissioners, the village or city council, or the
2 township board, or
road commission, respectively. Only 1 board
3 shall be appointed by such
probate the court.
4 Sec. 156. (1)
The probate court upon Upon the circuit
5 court's receipt of any
such application as hereinbefore provided
6 for shall forthwith a notice of appeal under section 155, the
7 chief or only judge of the circuit court shall immediately notify
8 the commissioner in
writing of such the appeal, and shall
9 thereupon then make an order appointing 3 disinterested
and
10 competent freeholders
landowners of such the county, not
11 residents of the township or townships affected by said drain, as
12 members of a board of
review. The persons so appointed shall
13 constitute the board
of review. The Immediately after
making
14 the appointments, the
court shall, thereupon, with the
15 concurrence of the
commissioner, immediately fix the time and
16 place when and where
said for a meeting of the board of review
17 shall meet to review said the apportionments.
, which time
18 shall not be The meeting shall be held not less than 10
nor 14
19 or more than 15 21
days from after the date of filing such
20 the notice of appeal.
The commissioner court shall thereupon
21 give notice to then notify the persons so appointed of their
22 appointment and of the
time and place of meeting. , and shall
23 give notice of such
meeting by posting notices in at least 5
24 public places in each
township forming a part of the drainage
25 district, and shall
serve a like notice upon the appellant if he
26 be a resident of any
township affected. Such notice shall be
27 made not less than 5
days before the day of hearing and shall be
1 made by personal
service. Consistent with section
8, the court
2 shall also notify each landowner and public corporation liable
3 for an assessment. Proof
of service of notice of appeal the
4 notices under this subsection shall be made by the person serving
5 said notice the notices and be filed in the office of the
6 judge of probate clerk of the circuit court. At such
hearing
7 the board of review
shall have the right, and it shall be their
8 duty, to review all
apportionments for benefits made by the
9 commissioner on such
drain. The persons so appointed
10 (2) At the hearing, the board of review shall be sworn by the
11 commissioner to
faithfully discharge the duties of such the
12 board of review.
13 (3) Members of the board of review shall be compensated in
14 the same manner and amount as a board of determination.
15 Sec. 157. (1)
The board of review shall proceed at the
16 time, date, and place
specified in the notice to hear the
17 proofs and allegations of the parties in respect to an appeal,
18 shall proceed to view the lands benefited by the drain or
19 project, and shall review
all of the apportionments made by the
20 commissioner on the drain
or project. If in their the judgment
21 of the board of review there is a manifest error or inequality in
22 the apportionments or
amendments to the drainage district, they
23 the board of review shall order and make the changes in the
24 apportionment as they
the board of review may consider just and
25 equitable. If the board of review upon personal examination
26 finds that a land liable to be assessed for the construction of
27 the drain or project is not included in the drainage district
1 made by the commissioner,
they the board of review shall add
2 the land to the
drainage district of the drain and shall adjourn
3 the review to another
time or place as they consider proper, but
4 not in all more than
20 days from and after the time of review
5 first advertised. The
notice of the adjournment shall contain a
6 description of lands
added to the drainage district. The notice
7 shall be given at
least 10 days before the adjourned day of
8 review. Should the owners
of land liable to an assessment be
9 nonresidents of the
county, personal notice shall be served on
10 the owners, or a
notice shall be published in a weekly newspaper
11 published in the
county, of at least 2 insertions, giving the
12 description of the
land added to the assessment district and
13 giving the time, date,
and place where the board shall meet. The
14 action and decision of
the board shall be final. prepare
a
15 proposed decision making the changes in the apportionment that
16 the board of review considers just and equitable and shall
17 adjourn the review for not more than 21 days from the date of the
18 meeting specified in the first notice. The board of review shall
19 give notice of the adjournment in the manner provided in section
20 8(2) and (3), and by posting notice in the office of the drain
21 commissioner by the date by which mailing of the notice is
22 required under section 8(2). However, the board of review need
23 only provide notice to persons that the board of review believes
24 may be affected by its final decision.
25 (2) Upon reconvening, the board of review shall hear any
26 further proofs and allegations relevant to the proposed decision
27 of the board of review. The board of review may view lands and
1 shall review apportionments that are the subject of the further
2 proofs and allegations.
3 (3) The board shall make its final decision, which shall not
4 affect any person to whom notice was not provided under
5 subsection (1). The action
and decision of the board of review
6 shall be reduced to in
writing and signed by a majority of
7 the board making members
agreeing with the decision, and shall
8 be delivered to the commissioner within 14 days of the close of
9 the meeting together with
other papers records relating to the
10 decision.
11 (4) If the board of review makes changes in the
12 apportionment, the changes shall be made by the commissioner
13 without necessity for a new day of review or notice to the
14 district of the changes made by the board of review and persons
15 aggrieved by the changes made by the board of review are not
16 entitled to additional judicial review.
17 Sec. 158. (1)
In case the apportionment of the
18 commissioner shall be
sustained by such board of review the
19 appellant shall pay
the whole costs and expenses of such appeal.
20 Such Following the determination by the board of
review, the
21 circuit court may award costs, including engineering expenses,
22 attorney fees, and witness fees, allowed under the Michigan court
23 rules. If costs are awarded to the drainage district and there
24 are multiple appellants, the circuit court shall award from each
25 appellant a pro rata share of the costs based on the number of
26 appellants. The costs and expenses shall be ascertained and
27 determined by the circuit
judge. of probate, and if not paid the
1 appellant shall be
liable on his bond for the full amount of such
2 costs in an action at law,
to be brought by the commissioner on
3 the bond before any
court having competent jurisdiction.
4 (2) If the bond of an appellant is not sufficient to cover
5 the compensation, mileage, and expenses for which the appellant
6 is liable, the drain commissioner may recover the excess amount
7 by any means authorized by law.
8 (3) Subsection (2) does not limit the authority of the drain
9 commissioner to collect a rate or charge by any other means
10 authorized by law for the collection of a debt.
11 Sec. 161. (1)
The proceedings in establishing any drain
12 and levying taxes
therefor shall be to establish a
drain and
13 levy assessments are
subject to review on certiorari as herein
14 provided superintending control. A complaint
seeking a writ of
15 certiorari superintending control for any error in
proceedings
16 occurring before or in the final order of determination shall be
17 issued within 10 filed not more than 14 days after a copy of
18 such the final order is filed in the office of the
drain
19 commissioner as required
by section 151, of this act, and for
20 any error in
proceedings occurring after such the final order
21 of determination, within
10 not more than 14 days after the day
22 of review, or if an
appeal has been taken, within 10 not more
23 than 14 days after the filing of the report of the board of
24 review. Notice of
such certiorari shall be
25 (2) The court shall not hear the action unless a copy of the
26 complaint for superintending control was served upon the
27 commissioner within
10 not more than 14 days after the day of
1 issue in the same
manner as notice is required to be given of
2 certiorari for
reviewing judgments rendered by justices of the
3 peace and the writ
shall be issued and served, and bond given and
4 approved and the
subject matter brought to issue in the same time
5 and manner, as near as
may be, as in such cases provided, except
6 that such certiorari
may be heard by the court during term, or at
7 chambers, upon 5 the complaint was filed and 7 days' notice of
8 the hearing is given to
the opposite party. ; and the circuit
9 court of the county The court shall hear and determine the
10 same action without unnecessary delay, and if any
material
11 defect be is
found in the proceedings for establishing the
12 drain , such and
levying assessments, shall set aside the
13 proceedings. shall
be set aside. If issues of fact are raised
14 by the petition for
such writ and the return thereto, such
15 complaint or answer, the issues shall, on application of either
16 party, be framed and testimony thereon taken under the direction
17 of the court.
18 (3) If the
proceedings be for establishing the drain and
19 levying assessments are
sustained, the party bringing the
20 certiorari shall be seeking superintending control is liable for
21 the costs thereof,
and if they be of the superintending control
22 proceedings. If the proceedings for establishing the drain and
23 levying assessments are not sustained, the parties making
24 application for the drain
shall be are liable for the costs of
25 the superintending control proceedings. If no certiorari be
26 brought a complaint for superintending control is not
filed
27 within the time herein
prescribed, the drain shall be deemed
1 considered to have been
legally established, and the taxes
2 therefor drain assessments legally levied, and the
legality of
3 said the drain and the taxes therefor assessments
shall not
4 thereafter be questioned
in any suit at law or equity:
5 Provided, No court
shall allow any certiorari questioning the
6 legality of any drain
by any person unless notice has been given
7 to the commissioner in
accordance with the provisions of this
8 chapter: Provided
further, That when such proceedings are
9 brought court. If a complaint for superintending control
is
10 filed, the commissioner shall postpone the letting of contracts
11 and all other proceedings until after the determination of the
12 court. And if any
error be found in the proceedings If the
13 court finds an error in the proceedings to establish the drain
14 and levy assessments, the court shall direct the commissioner to
15 correct such the
error or errors and then proceed the same
16 as though no error had been made.
17
CHAPTER 8 .
18 CLEANING,
WIDENING, DEEPENING, STRAIGHTENING AND EXTENDING
19 DRAINS. MAINTAINING, IMPROVING, AND CONSOLIDATING DRAINS
20 Sec. 191. (1)
When a drain or portion thereof, which
21 traverses lands wholly
in 1 county, and lands only in 1 county
22 which is subject to
assessment, needs cleaning out, relocating,
23 widening, deepening,
straightening, tiling, extending, or
24 relocating along a
highway, or requires structures or mechanical
25 devices that will
properly purify or improve the flow of the
26 drain or pumping
equipment necessary to assist or relieve the
27 flow of the drain, or
needs supplementing by the construction of
1 1 or more relief
drains which may consist of new drains or
2 extensions,
enlargements, or connections to existing drains, or
3 needs 1 or more
branches added thereto, any 5 or at least 50% of
4 the freeholders if
there are less than 5 freeholders whose lands
5 shall be liable to an
assessment for benefits of such work, may
6 make petition in
writing to the commissioner setting forth the
7 necessity of the
proposed work and the commissioner shall proceed
8 in the same manner
provided for the location, establishment, and
9 construction of a
drain. If the project includes a tiled relief
10 drain, or the tiling
of an existing open drain or any portion
11 thereof, with a
conduit a part of which has an inside diameter in
12 excess of 36 inches or
the retiling of an existing drain with a
13 conduit, a part of
which has an inside diameter in excess of 36
14 inches, then the
petition shall comply with section 71. The
15 preceding sentence
shall not be applicable to the construction of
16 bridges, culverts, and
passageways. The word tiling as used in
17 this and other
sections of this act, means the laying of a
18 conduit composed of
tile, brick, concrete, or other material.
19 When it is necessary
for the public health of 1 or more cities,
20 villages, and
townships, the petition may be signed solely by a
21 city, village, or
township when authorized by its governing body
22 or by a combination of
the municipalities, if the municipality or
23 municipalities are
liable to assessments at large for a
24 percentage of the
total amount assessed for the cost of the
25 proposed work. After
the board of determination determines the
26 necessity for the
work, as provided in section 72, the
27 commissioner shall, as
soon as practicable after the final order
1 of determination
prescribed in section 151 has been filed by him,
2 proceed as provided in
sections 151 to 161. If the apportionment
3 is the same as the
last recorded apportionments, no day of review
4 is necessary, but in
other cases the commissioner shall proceed
5 as provided in
sections 151 to 161, including the notice of and
6 the holding of a day
of review. For a county drain, 1
or more of
7 the following may be done, by petition filed pursuant to this
8 section:
9 (a) The drain or portion of the drain may be maintained.
10 (b) The drain or portion of the drain may be improved subject
11 to any permit required under the natural resources and
12 environmental protection act, 1994 PA 451, MCL 324.101 to
13 324.90106.
14 (c) Measures may be undertaken that are intended both to
15 enhance or improve natural resource values of the drain and to
16 provide benefit to the designed function, longevity, or hydraulic
17 capacity of the drain.
18 (d) Consistent with part 315 of the natural resources and
19 environmental protection act, 1994 PA 451, MCL 324.31501 to
20 324.31529, a dam or structure in or adjacent to the drain may be
21 constructed, operated, and maintained to control the rate of flow
22 through or into the drain, or the level of water, or the amount
23 of seepage, or to provide for removal of drainage by pumping and
24 other mechanical operations. A petition for such a dam or
25 structure shall state that the improvement is necessary to drain,
26 protect, or irrigate land. The petition may state the desired
27 location of the dam or structure, the proposed method of
1 operation and outlet, and how historical drainage is to be
2 maintained.
3 (e) A drainage district may be consolidated with any
4 established drainage district or have lands added or deleted.
5 The consolidation, addition, or deletion shall otherwise comply
6 with section 277a relative to disposition of funds and payment of
7 outstanding debt.
8 (2) It is not necessary for the petitioners to describe the
9 drain other than by its name or by its commencement, general
10 route, and terminus. Only 1 petition and proceeding is necessary
11 for any of the measures described in subsection (1).
12 (3) The petition shall be filed with the county drain
13 commissioner. The petition shall be signed by at least 5
14 landowners in the drainage district whose lands would be liable
15 to assessment for benefits or at least 50% of the landowners if
16 there are less than 5 landowners whose lands would be liable for
17 assessment or shall be signed by landowners representing 25% of
18 the land area liable for assessment. The petition shall be
19 accompanied by a description or tax parcel code of the land in
20 the district owned by each signer and by a certificate of the
21 county treasurer as to payment of taxes and special assessments
22 against the lands in a form as described in section 51. The name
23 of any signer as to whose land the certificate shows taxes or
24 assessments unpaid for 3 years shall not be counted. The drain
25 commissioner shall determine the eligibility of the signers to
26 the petition based on their status as landowners when the
27 petition was filed. Instead of being signed by landowners, a
1 petition may be signed as provided in section 14 on behalf of at
2 least 1 public corporation, if the drain project is necessary for
3 the public health, safety, or welfare in the public corporation,
4 and if the public corporation will be liable for an assessment at
5 large against it for a percentage of the cost of the proposed
6 drain.
7 (4) For purposes of notice under section 8, the drain
8 commissioner shall evaluate the drainage district boundaries and
9 identify any additional landowners who may be subject to
10 assessments for the drain project. The landowners of any lands
11 being petitioned for consolidation, addition, or deletion and the
12 public corporations in which those lands are located shall be
13 given notice under section 8 of the proposed consolidation,
14 addition, or deletion. Proceedings shall otherwise be conducted
15 in the same manner as provided in sections 52 to 57. The
16 determinations of practicability and necessity shall be for the
17 activities petitioned under this section, not for the drain or
18 drainage district in general. The apportionment of benefits is
19 subject to section 201.
20 Sec. 192. (1)
Whenever a drain or portion thereof, which
21 traverses lands in
more than 1 county, and lands in more than 1
22 county shall be
subject to assessments, needs cleaning out,
23 relocating, widening,
deepening, straightening, tiling, extending
24 or relocating along a
highway, or requires structures or
25 mechanical devices
that will properly purify or improve the flow
26 of the drain or
pumping equipment necessary to assist or relieve
27 the flow of the drain,
or needs supplementing by the construction
1 of 1 or more relief
drains which may consist of new drains or
2 extensions,
enlargements or connections to existing drains, or
3 needs 1 or more
branches added thereto, freeholders within the
4 drainage district
equal to 50% of the number of freeholders whose
5 lands are traversed by
said drain or drains in said petition or
6 abut on any highway or
street along either side of which such
7 drain extends, between
the point where said drain enters such
8 highway and the point
where it leaves such highway or street and
9 which lands are within
the drainage district, may make a petition
10 in writing to the
commissioner of any county having lands in such
11 district setting forth
the necessity of such proposed work.
12 Whenever it is
necessary for the public health of 1 or more
13 cities, villages or
townships, the petition may be signed solely
14 by a city, village or
township when duly authorized by its
15 governing body or by
any combination of such municipalities if
16 the municipality or
municipalities will be liable to assessments
17 at large for a
percentage of the total amount to be assessed for
18 the cost of the
proposed work. The percentage of cost
19 apportioned to the
municipality or municipalities shall be based
20 upon the benefits to
accrue to such municipality or
21 municipalities and
also the extent to which they contribute to
22 the conditions which
makes the drain necessary. Upon receipt of
23 such petition, the
commissioner shall notify the state director
24 of agriculture and the
commissioners of each county embracing any
25 lands in the drainage
district, and the director of agriculture
26 shall call a meeting
within the time and in the manner prescribed
27 in section 122. The
persons so named shall constitute a drainage
1 board and if such work
is then determined to be practicable, they
2 may thereupon appoint
a competent surveyor or engineer to make a
3 survey of said drain,
and lay out a drainage district according
4 to section 104. After
the surveyor or engineer has filed all
5 data with the drainage
board, the director of agriculture shall
6 call a meeting as
provided in section 122, and thereafter take
7 all steps and perform
all acts which are required to be done by
8 said board upon a
petition for the location, establishment and
9 construction of drains
as provided in sections 121 to 135. Such
10 board and the
commissioners shall exercise such power and be
11 subject to such
limitations as are provided in sections 121 to
12 135. For an intercounty drain, 1 or more of the
following may be
13 done, by petition filed pursuant to this section:
14 (a) The drain or portion of the drain may be maintained.
15 (b) The drain or portion of the drain may be improved subject
16 to any permit required under the natural resources and
17 environmental protection act, 1994 PA 451, MCL 324.101 to
18 324.90106.
19 (c) Measures may be undertaken that are intended both to
20 enhance or improve natural resource values of the drain and to
21 provide benefit to the designed function, longevity, or hydraulic
22 capacity of the drain.
23 (d) Consistent with part 315 of the natural resources and
24 environmental protection act, 1994 PA 451, MCL 324.31501 to
25 324.31529, a dam or structure in or adjacent to the drain may be
26 constructed, operated, and maintained to control the rate of flow
27 through or into the drain, or the level of water, or the amount
1 of seepage, or to provide for removal of drainage by pumping and
2 other mechanical operations. A petition for such a dam or
3 structure shall state that the improvement is necessary to drain,
4 protect, or irrigate land. The petition may state the desired
5 location of the dam or structure, the proposed method of
6 operation and outlet, and how historical drainage is to be
7 maintained.
8 (e) A drainage district may be consolidated with any
9 established drainage district or have lands added or deleted.
10 The consolidation, addition, or deletion shall otherwise comply
11 with section 277a relative to disposition of funds and payment of
12 outstanding debt. The landowners of any lands being petitioned
13 for consolidation, addition, or deletion and the public
14 corporations in which those lands are located shall be given
15 notice of the proposed consolidation, addition, or deletion.
16 (2) It is not necessary for the petitioners to describe the
17 drain other than by its name or by its commencement, general
18 route, and terminus. Only 1 petition and proceeding is necessary
19 for any of the measures described in subsection (1).
20 (3) The petition shall be signed by 5 landowners in the
21 drainage district whose lands would be liable to assessment for
22 benefits or at least 50% of the landowners if there are less than
23 5 landowners whose lands would be liable for assessment or shall
24 be signed by landowners representing 25% of the land area liable
25 for assessment. The petition shall be accompanied by a
26 description or tax parcel code of the land in the district owned
27 by each signer and by a certificate of the county treasurer of
1 the county where that land is located as to payment of taxes and
2 special assessments against the land in a form described in
3 section 101. The name of any signer as to whose land a
4 certificate shows taxes or assessments unpaid for 3 years shall
5 not be counted. The drain commissioner shall determine the
6 eligibility of the signers to the petition based on their status
7 as landowners when the petition was filed. Instead of being
8 signed by landowners, a petition may be signed as provided in
9 section 14 on behalf of at least 1 public corporation, if the
10 drain project is necessary for the public health, safety, or
11 welfare in the public corporation, and if the public corporation
12 will be liable for an assessment at large against it for a
13 percentage of the cost of the proposed drain.
14 (4) For purposes of notice under section 8, the drainage
15 board shall evaluate the drainage district boundaries and
16 identify any additional landowners who may be subject to
17 assessments for the drain project. Proceedings shall otherwise
18 be conducted in the same manner as provided in sections 102 to
19 113. The determination of necessity shall be for the activities
20 petitioned under this section, not for the drain or drainage
21 district in general. The apportionment of benefits is subject to
22 section 201. After the drainage board determines the necessity
23 for the work, the commissioner shall, as soon as practicable
24 after the final order of determination prescribed in section 151
25 is filed, proceed as provided in sections 151 to 161.
26 Sec. 199. (1)
In case the necessity for cleaning out any
27 drain arises from the
act or neglect of any land owner, said act
1 or neglect shall be
taken into consideration by the commissioner
2 in making the
apportionment. In case the cost of cleaning out
3 shall be lessened by
the tiling of the source of the drain under
4 section 425 of this
act, the commissioner may take that into
5 consideration in
making the apportionment of benefits against the
6 land so tiled, but in
no case shall said benefits be considered
7 to be less than 50% of
the benefits to such land if it were not
8 tiled. Should there
be a surplus in any drain fund, the
9 commissioner or
drainage board, as the case may be, may, in their
10 discretion, without
application or notice, pay out of such funds
11 a reasonable
compensation for cleaning out any obstruction that
12 may accumulate in the
particular drain for which the fund was
13 raised. An annual inspection may be made of a drain
established
14 under this act. Inspection shall be made on a drain laid out and
15 constructed under this act upon the request of the governing body
16 of a public corporation served in whole or in part by the drain
17 to be inspected. For a drain constructed, improved, or restored
18 to the last established depth bottom width and grade after the
19 effective date of the 2003 amendatory act that amended this
20 section, an inspection and report shall be made at least every 3
21 years from the date of the completion of the construction.
22 (2) For county drains, the inspection shall be made by the
23 drain commissioner, or a competent person appointed by the drain
24 commissioner. For intercounty drains, the inspection shall be
25 caused to be made by the drainage board. The failure to inspect
26 as required by this section does not create a defect invalidating
27 the drain or an assessment.
1 (3) If the drain commissioner or drainage board determines
2 based on the inspection report that maintenance is necessary on
3 the drain, the drain commissioner or drainage board shall perform
4 maintenance in a timely manner. If the drain commissioner or
5 drainage board determines based on the inspection report that
6 deteriorated structures may have diminished the capacity of the
7 drain or become unstable or unsafe, the drain commissioner or
8 drainage board shall retain a competent engineer to evaluate the
9 deterioration and make recommendations concerning maintenance or
10 replacement of the structures.
11 (4) At the discretion of the drain commissioner or drainage
12 board, periodic hydrologic and hydraulic evaluations of the
13 adequacy of a drain to accommodate storm water flows my be
14 conducted.
15 (5) If at any time the drain fund of a drainage district
16 contains less than $5,000.00 per mile or fraction of a mile of a
17 drain, the drain commissioner or drainage board may assess the
18 drainage district for an amount not to exceed $2,500.00 per mile
19 or fraction of a mile in any 1 year based on apportionments as
20 described in section 201. The amount collected under an
21 assessment shall be deposited in the drain fund of a drainage
22 district for necessary inspection, repair, and maintenance of the
23 drain.
24 (6) If an inspection discloses the necessity of expending
25 money for the maintenance and repair of a drain in order to keep
26 it in working order, the drain commissioner for a county drain,
27 or the drainage board for an intercounty drain, may without
1 petition expend an amount not to exceed in any 1 year $5,000.00
2 per mile or fraction of a mile for maintenance or repair of a
3 drain. The determination of the maximum expenditure allowed
4 without petition or resolution shall be based on the total number
5 of miles of the drain and not on the actual number of miles or
6 location of the maintenance or repair. The monetary amounts
7 established in this subsection shall be adjusted each January 1
8 beginning January 1, 2002 pursuant to the annual average
9 percentage increase or decrease in the Detroit consumer price
10 index-all items. The adjustment for each year shall be made by
11 comparing the percentage increase or decrease in the Detroit
12 consumer price index for the preceding August by the
13 corresponding Detroit consumer price index-all items 1 year
14 earlier. The resultant percentage change shall then be
15 multiplied by the affected monetary amounts. These results shall
16 be rounded up to the nearest $25.00 and added to or subtracted
17 from the current monetary amounts as previously adjusted by this
18 section to obtain the new amounts for that year. The adjustments
19 shall apply only to expenditures occurring after the date of the
20 adjusting of the amounts. The director of agriculture shall
21 calculate the adjusted monetary amounts and make them available
22 upon request. If the index is unavailable, the director of
23 agriculture shall make a reasonable approximation.
24 (7) If the drain commissioner or the drainage board finds it
25 necessary to expend funds in excess of those prescribed in
26 subsection (6) in any 1 year for the maintenance or repair of a
27 drain, the additional amounts shall not be expended until 1 of
1 the following is satisfied:
2 (a) If a public corporation is affected by more than 20% of
3 the cost of the maintenance, the governing body of each such
4 public corporation approves the expenditure.
5 (b) If no public corporation is affected by more than 20% of
6 the cost of the maintenance, the drain commissioner or drainage
7 board gives notice of the maintenance to be performed and the
8 estimated cost to the persons liable for assessments for the
9 drain.
10 (c) If the maintenance or repair is requested by and the
11 entire additional cost is paid for by a public corporation,
12 private corporation, or other person.
13 (8) In determining whether or not a public corporation is
14 affected by more than 20% of the cost, the drain commissioner or
15 drainage board shall consider the total of the at large
16 percentages of the apportionment together with the total
17 percentage of land apportioned.
18 (9) If the drain fund of a drainage district does not contain
19 sufficient funds, or the district is obligated to repay
20 outstanding indebtedness to pay for inspection, repair, and
21 maintenance, the drain commissioner or drainage board shall
22 assess the drainage district according to benefits received. A
23 reassessment shall be made and spread upon the city or township
24 tax assessment rolls within 3 years after the completion of the
25 inspection, repair, and maintenance. If the total estimated
26 expenditure will exceed $5,000.00 per mile or a fraction of a
27 mile, all landowners and public corporations within the district
1 or abutting the drain shall receive notice for the nature and
2 type of maintenance to be conducted before the commencement of
3 work by first-class mail and by publication in a newspaper of
4 general circulation. An affidavit of mailing shall be made by
5 the drain commissioner or drainage board. The affidavit is
6 conclusive proof that the notices required by this subsection
7 were mailed. The failure to receive notices by mail shall not
8 constitute a jurisdictional defect invalidating a special
9 assessment if notice by publication was given as required by this
10 subsection.
11 (10) An assessment for the actual cost of inspection, repair,
12 and maintenance performed on a drain, or an assessment to be
13 deposited in the drain fund of a drainage district, shall be made
14 according to benefits received.
15 (11) Notwithstanding any other provision of this act, if an
16 emergency condition exists within the drainage district that
17 endangers the public health, safety, or welfare, crops, or
18 property, the drain commissioner or the drainage board may expend
19 funds for maintenance and repair to alleviate the emergency
20 condition. Before the costs incurred for eliminating an
21 emergency condition are assessed, the drain commissioner or
22 drainage board shall file in the records of the drainage district
23 a written statement describing the emergency condition.
24 (12) In computing amounts under this section, the cost of
25 work to be performed by a federal agency or public corporation
26 that is not chargeable to the county or intercounty drainage
27 district shall not be included, nor shall it be necessary for the
1 drain commissioner or the drainage board to advertise for bids
2 for that portion of the work to be done by the federal agency or
3 public corporation. Inspection, engineering, legal, or
4 consultant fees shall not be included in amounts computed under
5 this section.
6 (13) For purposes of this act, the costs of maintenance
7 assessable against a drainage district include all of the
8 following:
9 (a) The costs incurred by the drain commissioner or drainage
10 board for inspection or professional consultation fees and
11 contractual services.
12 (b) Contractual expenses related to the levying and
13 collection of special assessments for the work performed.
14 (c) All other costs associated with maintenance of the
15 drain.
16 (d) Preparation and updating of maps and records used
17 directly in the development of special assessment rolls.
18 (14) If the cost of maintenance and repair of a drain
19 includes utility charges or costs to service pumping stations,
20 sewage treatment facilities, or retention basins, the limitation
21 on the amount of expenditures in subsections (6) to (9) does not
22 apply except that the drain commissioner or drainage board may
23 levy sufficient special assessments to pay the charges or costs
24 but not more than the amount sufficient to pay those charges or
25 costs.
26 (15) The salaries, expenses, and fringe benefits of clerical,
27 administrative, and engineering employees of the drain
1 commissioner or drainage board working incidental to the
2 operation, repair, or maintenance of a drain shall be chargeable
3 to and paid as budgeted from the county general fund and not
4 chargeable to or by the drain fund of a drainage district.
5 Sec. 200. (1)
In lieu of assessing the cost of the
6 maintenance and repair
of any drain to parcels of land in the
7 drainage district
within any city, village, township, charter
8 township or county,
the commissioner or drainage board may
9 contract relative to
such cost with any city, village, township,
10 charter township or
county in which the drain, or any part
11 thereof, is located,
or whose residents use the drain for
12 drainage or for the
transportation of sewage. In the contract
13 any city, village,
township, charter township or county may agree
14 (1) to pay annually to
the commissioner or the drainage board
15 certain sums for the
cost of maintenance and repair of any drain
16 and for the creation
of a reserve fund therefor, or (2) to
17 provide such sums
periodically as needed, or (3) to reimburse the
18 commissioner or
drainage board for all sums expended for
19 maintenance and
repair, or (4) for any combination of the
20 foregoing. The
contract shall be approved and its execution
21 authorized by a
resolution adopted by the legislative body of the
22 city, village,
township, charter township or county and shall be
23 executed by the
commissioner or drainage board on behalf of the
24 drainage district.
The city, village, township, charter township
25 or county may fulfill
its obligation to pay in accordance with
26 the terms of the
contract out of its general funds, service
27 charges to its
residents, or any other legally available funds.
1 The contract shall
specify the manner in which the obligation to
2 pay shall be
fulfilled. If a new district is
laid out and
3 includes added lands, including lands in a county which was not a
4 part of an original intercounty drainage district, the drain
5 commissioner for a county drain, or the chairperson of the
6 drainage board, shall notify the board of determination or
7 drainage board that allowed the petition, that the land should be
8 added to the district. The drain commissioner or chairperson of
9 the drainage board shall call a meeting of the board of
10 determination. If a member of the board of determination is
11 disqualified or unable to act, then the member's place shall be
12 filled by appointment as in the first instance. The notice shall
13 comply with section 8, and be forwarded to the landowners and
14 public corporations in the district as if lands were added. All
15 expense of notification shall be paid by the drainage district.
16 (2) At the time, date, and place designated by the drain
17 commissioner or the chairperson of the drainage board, the board
18 of determination or drainage board shall reconvene. Upon
19 reconvening, if the board of determination or drainage board by a
20 majority vote of members finds the proposed addition of the land
21 to the drainage district necessary or conducive to the public
22 health, safety, or welfare or for agriculture, 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. 201. All apportionments under this chapter shall be
26 made according to the benefits derived and shall be subject to
27 appeal in the same manner as provided in chapter 7. For a
1 project under section 199, if the apportionment is the same as
2 the last recorded apportionment, no day of review is necessary.
3 For a project under section 199, if the apportionment is changed,
4 or if an apportionment is made in a consolidated district which
5 apportions benefits between lands that were not previously
6 assessed by the consolidated district, the procedure shall be as
7 provided under chapter 7, including the notice of and the holding
8 of a day of review and the procedure for appeal.
9
CHAPTER 9 .
10
LETTING OF CONTRACTS .
11 Sec. 221. (1)
At the time and place fixed in the notice
12 therefor, the
commissioner shall receive bids for the
13 construction of the
drain. The commissioner or
drainage board
14 shall give notice under section 8 for the receiving of bids for
15 the construction, maintenance, or improvement of the drain. The
16 notice shall specify the time and place of receiving bids. The
17 notice shall also provide a brief description of the project
18 including its general location, type of construction, and
19 estimate of the amount and type of tile or pipe required for the
20 drain. The notice shall also include any information concerning
21 prequalifications required by subsection (4). The commissioner or
22 the drainage board may in
any case, and shall for all drains
23 projects having an
estimated cost exceeding $5,000.00
24 $10,000.00, advertise for sealed proposals, to be opened on the
25 day of letting. If the drain commissioner or drainage board does
26 not advertise for proposals, the drain commissioner or drainage
27 board shall solicit 2 or more estimates for the cost of the
1 construction, maintenance, or improvement from qualified
2 contractors. However, if the landowner or developer is paying
3 the entire cost of the construction, maintenance, or improvement
4 and the contractor chosen by the landowner or developer is
5 acceptable to the drain commissioner or drainage board, the drain
6 commissioner or drainage board is not required to advertise for
7 sealed proposals or to solicit estimates. A contractor so
8 accepted shall enter into a contract with the commissioner or
9 drainage board, and the contract shall be administered by the
10 commissioner or drainage board.
11 (2) All sealed proposals received by the commissioner or
12 drainage board shall be
publicly opened by him the commissioner
13 or the drainage board in the meeting and may be there examined by
14 any person interested. As soon as practical after the opening of
15 bids for the construction of any drain, the commissioner shall
16 determine the lowest responsible bidder and award contracts, or
17 he may reject all proposals and readvertise as in the first
18 instance. ,
and in cases where the commissioner determined that
19 the taxes assessed for
benefits shall be collected in more than 1
20 installment, he shall,
subject to the provisions set forth in
21 section 275 of this
act, determine the amount, form, maturity and
22 rate of interest of
bonds to be issued. In counties having a
23 board of county
auditors no drain bonds shall be sold and no
24 drain contracts let
without the written consent and approval of
25 the board of county
auditors, but the approval of said board
26 shall not be required
in proceedings relative to intercounty
27 drains.
1 (3) If a drain commissioner's office has the available
2 equipment and manpower to perform the necessary maintenance
3 provided pursuant to section 199, the maintenance may be
4 performed by the drain commissioner without the advertising for
5 sealed bids as set forth in subsection (1).
6 (4) The drain commissioner or drainage board, in consultation
7 with an engineer, may establish prequalifications for a
8 prospective contractor to submit a bid for the construction of
9 the drain, consistent with 1933 PA 170, MCL 123.501 to 123.508.
10 Prequalifications may include, but need not be limited to,
11 expertise, financial solvency, experience, or equipment.
12 Prequalification shall be determined before advertisement for
13 bids. The notice shall indicate that prequalifications are
14 applicable and where the prequalifications can be reviewed by the
15 prospective contractor.
16 (5) This act does not prohibit the drain commissioner or
17 drainage board from contracting with an engineer or contractor to
18 perform both the design and construction of a drain project if
19 such contracting is in the best interest of the drainage
20 district.
21 (6) If no a
contract shall be is not let within 5 2
22 years after the date of
filing the petition to locate, establish
23 and construct, or
deepen, widen, straighten, title, extend or
24 clean out establish a drainage district and establish and
25 construct a drain or to maintain or improve a drain, the drain
26 commissioner may
determine that the petition shall be deemed
27 considered abandoned and no
issue an order to that effect. No
1 further action shall be taken to construct the drain. Time
2 during which any litigation
shall be is pending to contest
3 the validity of such proceedings shall not be counted as a part
4 of such 5-year the
2-year period. If the drain commissioner
5 determines the
petition shall be abandoned, he shall issue his
6 order to that effect;
provided, that such determination of
7 abandonment shall not
be issued within the 5-year period. Notice
8 of the order shall be given by publishing a notice in a newspaper
9 of general circulation in
the county. The provisions of this
10 This section shall
apply applies to all petitions which are in
11 full force and effect on
the date of January 1, 1973, or
12 thereafter effective date of the 2003 amendatory act that
13 amended this section.
14 (7) The board
of county road commissioners, when if
15 authorized by a
committee of supervisors appointed by the
16 county board of supervisors
commissioners, is hereby
17 authorized to may bid for the construction, cleaning,
deepening,
18 and widening of drains
within the county, and, if such the bid
19 is accepted, shall be
authorized to perform the work called for
20 therein in the bid, and may receive payment therefor
for the
21 work. A bid tendered
by such board of county road commissioners
22 shall not be accepted
unless such bid shall be at least 15% lower
23 than any other bid
tendered. The moneys money
received by the
24 county road commission shall be credited to the county road fund,
25 and expenditures incurred
by the county road commission shall
26 be in performing the work are proper
disbursements therefrom.
27 Sec. 222. The
commissioner shall first let the section at
1 the outlet of the
drain and shall let each remaining section in
2 its order up stream:
Provided, That the The
commissioner or
3 drainage board may let
receive bids for the drain in sections
4 or as a whole, whichever
appears to him be the most practical.
5 : Provided further,
That the The commissioner or
drainage
6 board shall reserve the right to reject any and all bids or
7 proposals for a
section of the drain and proceed to let said
8 receive bid proposals for the drain in its entirety. , and The
9 commissioner or drainage board may adjourn such the letting in
10 the whole or in part , from time to time, to such
other time
11 or place to be by him
at the time of such adjournment publicly
12 announced as shall to
him seem proper, but not in all more than
13 40 90 days from and
after the time of letting as first
14 advertised. to another place or time not more than 91 days
after
15 the day of letting bids as first advertised. Notice of the
16 adjourned meeting shall be given as provided in section 8.
17 Sec. 223. (1) A deposit in the form of a cashier's check,
18 certified check, or
its equivalent cash, bank money order, or
19 bid bond from a surety authorized to do business in this state in
20 the amount that the commissioner or drainage board considers
21 reasonable may be required with each bid, whether on opening
22 bidding or sealed proposals, as evidence of good faith and to
23 reimburse the district in
the event of failure on the part of
24 if the successful bidder fails to execute the necessary contracts
25 or to furnish the required security or indemnity insurance. A
26 bid bond of the successful bidder, other than a bid bond from a
27 surety, shall be deposited with the treasurer of the drainage
1 district. If the bid bonds are held more than 63 days, the
2 treasurer of the drainage district shall pay to the bidder
3 interest actually earned from the date of deposit on a bid bond,
4 other than a bid bond from a surety. If the successful bidder
5 does not execute the proper contracts or furnish the security or
6 indemnity insurance
required of him or her within 10 not more
7 than 14 days after the acceptance of his or her bid, then the
8 commissioner or drainage board may retain the deposit as
9 stipulated damages for the nonexecution of the contract and
10 proceed to advertise for and let the job anew. If the successful
11 bidder furnishes the security or indemnity insurance required and
12 executes the required contracts, then the deposit shall be
13 returned to him or her. All money forfeited to the commissioner
14 or drainage board under this subsection shall be deposited with
15 the county treasurer
of the drainage district to the credit of
16 the drainage district fund.
17 (2) The successful
bidder shall, within the time stated in
18 subsection (1) not more than 14 days after the acceptance of his
19 or her bid, file with the commissioner security considered
20 necessary by the commissioner guaranteeing that the contract will
21 be completed in accordance with the terms specified in the
22 contract. The security shall be in a sum fixed by the
23 commissioner, but shall not be less than the contract price. At
24 the option of the commissioner, the security shall consist of 1
25 or more of the following:
26 (a) Cash.
27 (b) Certified check.
1 (c) Performance bond executed by a surety company authorized
2 to do business in this state.
3 (d) Escrow agreement acceptable to the commissioner.
4 (e) Irrevocable letter of credit issued by a state or
5 federally regulated financial institution.
6 (f) Personal surety acceptable to the commissioner.
7 (3) If a personal surety is used as security, the
8 commissioner shall
require all of the following: conditions and
9 limitations:
10 (a) That the personal surety be a contractor with the
11 experience and ability to perform and complete, in a timely
12 manner, the contract in
the event of a default by if the
13 successful bidder defaults.
14 (b) That the personal surety not act as the personal surety
15 for more than 1 other principal during the term of the contract
16 upon which he or she is giving security.
17 (c) That no more than 2 personal sureties be utilized as
18 security on any 1 contract.
19 (d) That, the personal surety provide financial information
20 requested by the commissioner and that, after a review of this
21 information, the commissioner be satisfied with the surety's
22 ability to perform the contract upon which he or she is giving
23 security.
24 (e) That the personal surety provide to the commissioner a
25 list of contracts upon which the surety is required to perform,
26 naming the parties to each contract, the amount of each contract,
27 the work to be performed under each contract and the time during
1 which each contract is to be performed, and that the personal
2 surety revise this listing during the term of the contract upon
3 which he or she is giving security, adding or deleting
4 information as contracts are entered or completed.
5 (f) That the personal
surety agree that in the event if the
6 successful bidder defaults on the contract, the personal surety
7 shall enter onto the
project and complete the project pursuant
8 to the terms of the contract within the time limitations
9 specified by the commissioner or pay to the drainage district the
10 amount of money specified by the commissioner as necessary to pay
11 another contractor to complete the contract.
12 (4) If a contract is not completed in accordance with its
13 written terms, the security provided to the commissioner shall be
14 used to complete the contract.
15 (5) In addition to the security required in subsection (2),
16 the commissioner or drainage board shall require the successful
17 bidder to furnish a
bond or indemnity insurance and motor
18 vehicle insurance in the sum required by the commissioner or
19 drainage board. This bond
or indemnity insurance shall run to
20 the people of the
state of Michigan this
state and shall be
21 maintained in full force and effect until the contract is
22 terminated to indemnify the commissioner and drainage board, the
23 drainage district, and
the county or other municipality public
24 corporation against loss or damage resulting from injury to a
25 worker on the drain, or the negligence or carelessness of the
26 contractor in the construction of the drain. Indemnity insurance
27 that terminates by expiration or cancellation shall be replaced
1 prior to before termination in the sum then required by
the
2 commissioner or drainage board. The commissioner or drainage
3 board shall also require the successful bidder to furnish
4 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
9 considers adequate and necessary, consistent with the provisions
10 of this section.
11 (7) The commissioner, at his or her option, may require the
12 provision of additional kinds of security.
13
CHAPTER 10 .
14 INSPECTION AND APPROVAL OF CONSTRUCTION AND PAYMENT FOR THE DRAIN
15
.
16 Sec. 241. No A
warrant, or drain order, voucher, or
17 other order for the payment
of any part of such a drain
18 contract shall not be drawn until the work has been inspected and
19 approved as herein
provided. The commissioner may or drainage
20 board shall inspect and approve any tile or open drain, or he or
21 she may designate any competent surveyor or engineer to make
22 such the inspection. , but where the However,
if the cost of
23 construction exceeds $3,000.00
$10,000.00, the commissioner or
24 drainage board shall designate a competent surveyor or engineer
25 to make the inspection. Any
The person making such the
26 inspection shall see that the specifications in the contract are
27 fully complied with, and if the work is not in accordance with
1 the contract, the commissioner or drainage board shall
2 immediately notify the
contractor. thereof. If the work so
3 inspected shall
conform conforms to the
contract, the person
4 making the inspection shall certify in writing to that fact and
5 an order of approval
shall thereupon be entered by the
6 commissioner or drainage board in his or her drain record, and
7 notice of the approval be
given to the contractor. The
8 commissioner may issue
warrants or orders on the fund of any
9 drain not exceeding
90% of the amount earned on any contract
10 after the certificate
of inspection and the order of approval is
11 entered as herein
provided. The payment of the final 10% or any
12 portion thereof on any
contract may be made after the certificate
13 of inspection is made
attesting to the completion and is filed in
14 the office of the
commissioner. Progress payments
shall be made
15 consistent with 1980 PA 524, MCL 125.1561 to 125.1566.
16 Sec. 242. The
commissioner shall have power to or
17 drainage board may grant a reasonable extension of time for the
18 completion of any a
contract. When any If a contract shall
19 not be is not finished within the time specified, or
to which it
20 may be extended, the commissioner or drainage board shall declare
21 such the contract forfeited and shall, within a
reasonable time
22 thereafter, relet the
unfinished portion thereof to the lowest
23 responsible bidder, by
public letting, after not less than 5 7
24 days' notice thereof,
by posting only, in the same manner as
25 provided for the letting in the first instance, or by private
26 letting, when
such can be done, at a price per rod for the
27 uncompleted portion
thereof not exceeding the price per rod at
1 which the job was
first let; and he if permitted by
law, and the
2 drain commissioner or drainage board shall make contract and take
3 security in each case as herein provided. The cost of completing
4 such part over and above the contract price, if any, and the
5 expense of notice and reletting shall be collected by the
6 commissioner of or
drainage board from the parties first
7 contracting or of their
bondsman. , which moneys, when so The
8 money collected , shall
be deposited with the county treasurer,
9 and placed to the credit of such drain.
10 Sec. 243. Whenever
If the amount assessed for the
11 construction of any a
drain shall not be is not sufficient
12 to complete the same,
drain and to pay all the costs and
13 incidental expenses or to pay the principal and interest on any
14 bonds if such are issued,
a further assessment shall be made to
15 meet the deficit or
additional expense. Such The further
16 assessment shall be apportioned, assessed, levied and collected
17 as provided in the first instance, and on the same percentage,
18 and shall be collected in 1 year, but there shall be no review of
19 nor or appeal from such the
further assessment. : Provided,
20 That whenever by
reason of the However, if the
deficiency is the
21 result of embezzlement,
fraud, or other wrongful act of by any
22 county official or by
reason of the conspiracy of any county
23 official with any
other person or persons to defraud any drainage
24 district, township or
county, there shall be any deficiency as
25 aforesaid, the board
of supervisors the county board
of
26 commissioners of any county traversed by the drain may provide
27 for the payment, out of the general fund of the county, of all or
1 any part of such the
additional assessment as may be
2 apportioned to that part of the drainage district within such
3 county, or for the
refunding to taxpayers the persons assessed
4 of any such assessment which may have been paid.
5 Sec. 244. (1)
All orders Orders or vouchers for the
6 payment for services rendered and work performed shall be drawn
7 by the commissioner or drainage board upon the drain fund of each
8 particular drain. In
case of taxes assessed for benefits
9 received which If special assessments are to be paid in 7
annual
10 installments or less, all orders for the payment for lands for
11 right-of-way shall be
paid out of the first year's taxes
12 special assessments, and
the balance of such the first year's
13 taxes special assessments, if any, shall be applied
pro rata
14 among the several contractors
in the payment of the contracts
15 for the construction of such drain. For the balance due upon
16 such contracts, the commissioner or drainage board shall draw
17 orders payable out of each succeeding year's assessment pro rata
18 among the several
contractors. : Provided, That no However,
19 the commissioner or drainage board shall not draw orders payable
20 in any one 1
year for a larger amount than said the year's
21 assessment, except in
cases where unless bonds and notes are
22 issued and sold as
provided by law. All drain
23 (2) Drain orders shall be drawn payable not sooner than the
24 fifteenth day of April nor later than the first day of August of
25 the year in which the
drain taxes for the payment thereof
26 special assessments are required to be paid. If the drain fund
27 is insufficient for such
this purpose because of delinquency in
1 the payment of drain taxes
special assessments after the lands
2 on which the said
taxes shall have become special assessments
3 are delinquent have been
offered for sale , in any such case
4 where and payment is made by the county treasurer
out of the
5 general fund, and
all delinquent drain taxes special
6 assessments subsequently
received by said the treasurer
7 thereafter shall be credited to the general fund until the
8 same general fund is reimbursed. In all cases
where If bonds
9 are issued and sold as
herein provided and the proceeds
10 thereof are deposited in the county treasury to the credit of
11 the fund of the particular
drain, orders presented on such
12 the fund shall be paid
out of the proceeds aforesaid, or out of
13 the first annual
installment of the taxes special assessments.
14 In no case where If there are outstanding bonds, shall
an
15 order shall not be
paid out of any an installment of taxes
16 special assessments collected other than the first.
17 Sec. 245. (1)
All drain Drain orders or vouchers made by
18 the commissioner or drainage board shall state the services
19 rendered in brief form ,
and shall be numbered and recorded and
20 signed by the
commissioner or drainage board. Such An order,
21 when due, shall be
presented to the county clerk and he
22 treasurer. The county treasurer shall immediately ascertain
23 from the county
treasurer if the particular fund on
which
24 said the order is drawn is sufficient to pay said
the order.
25 If such the
fund is sufficient, the county treasurer shall so
26 certify on the back of said
the drain order and the county
27 clerk or other authorized county officer shall thereupon issue
1 the usual county warrant upon the county treasurer for the
2 payment of said the
order, taking said the order so certified
3 as his or her
voucher. If such the particular fund is
4 insufficient when such
the order is presented for payment, the
5 county treasurer shall so
certify upon such the order and
6 such the order shall then draw interest at the rate
of 6% per
7 annum paid on 91-day United States treasury notes from the date
8 of presentation until such
the particular fund is sufficient to
9 pay the same, said
interest to order. The interest shall be
10 computed and paid with the principal out of the proper fund on
11 which it was drawn, when there are sufficient funds to pay the
12 same principal and interest.
13 (2) The county treasurer shall keep a record in which he or
14 she shall note each drain order presented for payment on a drain
15 account which that
was insufficient to pay such the order on
16 the date of presentation. He or she shall note in such record
17 the amount, number, drain account, and the date of original
18 presentation for
payment. When there are is sufficient
19 moneys money in the particular drain account to pay
the order,
20 plus interest, the county
treasurer shall note the date of such
21 the sufficiency on such
the record and shall transfer
22 sufficient moneys money
to pay such the order and interest
23 then due from the particular drain account and drain fund to a
24 drain order redemption fund and the drain order shall cease to
25 earn interest as of that date. Transfers to the drain order
26 redemption fund shall be made in the order of priority in which
27 the drain orders were originally presented for payment. Payment
1 of such the
orders, including interest, earned as provided
2 herein, shall thereafter be made by the county treasurer from
3 the drain order redemption fund. Drain orders at any time during
4 the year in which such drain order becomes due and payable and
5 for a period of 30 28
days prior to such year shall be accepted
6 for the payment of
drainage taxes special assessments.
7 (3) The county treasurer shall report to the commissioner or
8 drainage board the amount
paid as interest on any and all such
9 drain orders. The county treasurer shall at the first of each
10 month furnish the drain commissioner or drainage board with a
11 report of all drain
orders cashed during the preceding month,
12 including the name of the drain upon which the order was drawn,
13 the amount, the number of the order, and the date of payment.
14 Sec. 247. The county drain commissioner or drainage board
15 acting under the provisions of this act may employ an attorney
16 when he deems the
same considered necessary and any legal
17 expense shall be charged
to the several drain districts in
18 behalf of which he
shall be employed. All such expenses
19 drainage district. The expense shall be paid out of the
20 revolving drain fund which shall be reimbursed out of the first
21 moneys money available. : Provided, That However,
the board
22 of supervisors commissioners
by resolution may cause request
23 the prosecuting attorney to give such legal assistance as part of
24 his the duties of the prosecuting attorney.
25
CHAPTER 11 .
26 LEVY AND COLLECTION
OF DRAIN TAXES. SPECIAL ASSESSMENTS
27 Sec. 261. Within 10
14 days after the letting of
1 contracts, or in case of
an appeal, then forthwith immediately
2 after such the
appeal shall have been is decided, the
3 commissioner or drainage board shall make a computation of the
4 entire cost of such the
drain, which shall include (1) all
5 the including, but not limited to, all of the
following:
6 (a) The
expense of laying out and designating the drainage
7 district, which item
of expense shall include the entire
8 establishing the drainage district and establishing and
9 constructing the drain, including, but not limited to, the cost
10 of the survey. ;
(2) the
11 (b) The
expense of locating, establishing and constructing,
12 maintaining, or improving
the drain. ; (3) the fees and expenses
13 of special
commissioners; (4) the compensation to be paid the
14 board of review; (5)
the
15 (c) The costs of acquiring property under section 7.
16 (d) The per diem compensation, mileage, and expenses to be
17 paid to members of boards under this act.
18 (e) The cost associated with evaluation of natural resource
19 impacts and the costs to minimize those impacts.
20 (f) The cost
of construction of bridges and culverts. ; (6)
21 the
22 (g) The costs for engineers, surveyors, and other
23 professionals.
24 (h) The contracts for the construction of the drain, or other
25 work to be done on said
the drain. ; (7) the
26 (i) The estimated cost of an appeal in case the apportionment
27 made by the commissioner shall
not be or drainage board is not
1 sustained. ;
(8) the
2 (j) The
estimated cost of inspection. ; (9) the
3 (k) The cost
of publishing all notices required. ; (10) all
4 fees
5 (l) Fees of
the probate judge, ; (11) attorney if
6 applicable.
7 (m) Attorney fees for legal services in connection with the
8 drain ; and (12)
interest project.
9 (n) Interest on bonds or notes for the first year, if bonds
10 or notes are to be issued.
, and he shall add the whole into a
11 gross sum and add
thereto not
12 (o) Not less
than 10% nor or more than 15%, at the
13 discretion of the drain
commissioner or drainage board, of said
14 gross sum the sum of the costs under subdivisions (a) to
(n), to
15 cover contingent expenses.
, and the entire sum so ascertained
16 shall be deemed to be
the cost of construction of such drain.
17 Sec. 262. (1) The
commissioner shall thereupon make a
18 special assessment roll
for the drain for each county, township,
19 city, or village and
each state trunk line highway affected
20 thereby, which roll
shall be designated After the
cost of a
21 county drain is computed under section 261, the drain
22 commissioner shall make a special assessment roll for the drain
23 for each municipality and roadway affected by the drain. After
24 the cost of an intercounty drain is computed under section 261,
25 the drain commissioner of each county in which lands subject to
26 assessment for the drain are located shall make a special
27 assessment roll for the drain for each municipality and roadway
1 affected by the drain in that drain commissioner's county. The
2 drain commissioner making the roll shall designate the roll,
3 giving name or number, "drain special assessment roll". The
4 commissioner shall enter on the roll a correct description of the
5 tracts, parcels, or subdivisions of land benefited by the drain
6 which description may be made by tax parcel identification number
7 in compliance with section 152 and place opposite each
8 description the amount of the percent heretofore determined upon
9 by him the
commissioner or by the board of review. The
10 commissioner shall also enter on the roll the amount of the
11 percent apportioned to the
county, for benefits to any county
12 road, and to the
township, city, or village and the state highway
13 commission, for
benefits to any state trunk line highway a road
14 authority for benefits to a roadway, and in case if the amount
15 be is payable in installments, he
shall also enter thereon a
16 memorandum of the installments and of the year or years when the
17 installments shall be spread. The commissioner shall add a
18 certificate in writing of
the determination whether the taxes
19 special assessments assessed for benefits shall be paid in 1 or
20 more years. The rolls shall be dated and signed by the
21 commissioner and filed on or before the last Wednesday in
22 September in each year, in the office of the county clerk.
23 (2) The commissioner
shall prepare a tax special assessment
24 roll in each year for the
collection of taxes special
25 assessments for the
current year, and shall certify the same
26 roll to the county clerk on or before the first day of the annual
27 meeting of the county board of commissioners. In each roll, the
1 commissioner shall add to
the amount to be collected , interest
2 on all unpaid
installments to the date of tax collection, and
3 shall deduct from the amount to be collected by the county,
4 village, city, or township all amounts received from the proceeds
5 or income of property or an interest in property located in the
6 county, village, city, or
township and acquired through
7 condemnation or the
payment of damages under this act.
To the
8 roll for the last year, the commissioner shall add a further
9 amount, if any, as may be necessary together with outstanding
10 uncollected taxes special
assessments, to pay all outstanding
11 bonds and interest thereon to maturity. If the roll is made
12 payable in more than 1 installment, a permanent assessment roll
13 may be maintained in the office of the county treasurer, subject
14 to the direction of the board
of county auditors, in counties
15 having such a board,
and of the county board of commissioners in
16 other counties county board of commissioners, showing the
total
17 cost, the number of installments, and the amount of each annual
18 assessment, together with interest charges thereon, which shall
19 be carried in a separate column.
20 (3) If the roll is made payable in more than 1 installment,
21 and the total amount of any assessment is $10.00 or less,
22 exclusive of interest, then that assessment shall be payable in 1
23 installment; but if the assessment exceeds the sum of $10.00 and
24 is made payable in more than 1 installment, then that
25 installment, exclusive of interest, shall not be less than the
26 sum of $10.00, excepting the final installment, which shall be
27 payable in the amount of the actual balance.
1 Sec. 263. It
shall be the duty of the The supervisor ,
2 or village or city
assessor , to shall spread on his the roll
3 the total amount of all
drain taxes special assessments
4 determined upon by
the county drain commissioner to be assessed
5 upon the county, township, city, or village at large by adding to
6 the county, township, city, or village tax for the year in which
7 the same drain
assessment was assessed and extending said tax
8 the drain assessment in the same column with the general county,
9 township, city, or
village tax. : Provided, That in such In
10 villages or cities,
of this state, where the municipal taxes
11 therefor are assessed and collected prior to before
the
12 October meeting of the county
board of supervisors, all taxes
13 commissioners, drain assessments ordered to be spread against
14 such municipalities shall be spread during the calendar year
15 following such the
action by the county board of supervisors:
16 Provided further, That
in commissioners. In lieu of
the
17 addition of such tax the
drain assessment to the county,
18 township, city, or
village tax, the legislative body thereof
19 governing body of the municipality may in any year provide for
20 the payment thereof from the general or contingent fund of such
21 county, township, city,
or village. Such The supervisor or
22 assessor shall also
spread upon said the roll, separately, and
23 immediately following the other descriptions, all tracts or
24 parcels of land specified by the commissioner to be assessed for
25 benefits, and shall place opposite each description, in a column
26 marked, "(giving the name or number) ......................
27 drain taxes special
assessments," the amount of taxes
1 assessments apportioned
thereon, as certified to him by the
2 county clerk.
3 Sec. 265. All
drain taxes Drain special assessments
4 assessed under the
provisions of this act shall be are
5 subject to the same interest and charges, and shall be collected
6 in the same manner as state and other general taxes are
7 collected, and collecting officers are hereby vested with the
8 same power and authority
in the collection of such taxes the
9 special assessments as are or may be conferred by law for
10 collecting general
taxes. Drain taxes special assessments,
11 when collected, shall be returned to the county treasurer to be
12 disbursed by him. In
all cases where within 14 days of receipt
13 unless waived by the drain commissioner to some other specified
14 time. Any interest earned from the time of collection and
15 accounting to the day of delivery shall be returned to each drain
16 fund on a pro rata basis. If suit is brought against the
17 collector arising out of
the collection of any drain tax a
18 drain special assessment,
the county shall defend such the
19 officer in the same
manner that he has now the right to be
20 defended in as if the suit arose out of the collection of
21 general taxes. No A
suit shall not be instituted to recover
22 any drain tax special
assessment or money paid or property sold
23 therefor for a drain special assessment, or for damages
on
24 account thereof of
a drain special assessment, unless brought
25 within 30 28
days from the time of payment of such the money
26 to, or sale of such
property by, the collecting officer. ; and
27 if such tax shall be If the special assessment is paid under
1 protest, the reasons therefor
for the protest shall be
2 specified, and the same procedure observed as is or may be
3 required by the general tax
law. All taxes property tax act,
4 1893 PA 206, MCL 211.1 to 211.157. Special assessments levied
5 under the provisions
of this act, with all lawful costs,
6 interest, and
charges, shall be and remain a perpetual are a
7 lien upon the lands upon which they are assessed, and a personal
8 claim against the owner or owners of such lands until they are
9 paid.
10 Sec. 266. If the taxes
special assessments levied for the
11 construction, cleaning
out, widening, deepening, straightening
12 or extending maintenance, or improvement of any a
drain are
13 not collected by the township, city, or village treasurer, they
14 shall by him be
returned by that treasurer, together with the
15 lands upon which they were levied, to the county treasurer in the
16 same return, at the same time, and in the same manner, in every
17 respect (naming in each case the particular drain), as lands are
18 returned for state,
county, and township taxes. , and such
19 taxes Drain special assessments shall follow such
the lands,
20 the same as all such
other do property taxes, and all may be
21 collected in the same manner as provided by the general
22 provisions of law now
existing, or that may be hereafter
23 enacted for enforcing the payment of township, county,
and state
24 taxes. , shall
apply to such drain taxes, and to the lands
25 returned delinquent
therefor, in the same manner and with like
26 effect. However, the treasurer shall notify the drain
27 commissioner of all land in the county that has been returned
1 delinquent and subject to sale so that the drain commissioner or
2 drainage board may file an affidavit of special assessment
3 pending and subject to collection before the sale or reversion.
4 Sec. 267. After any taxes
special assessments have been
5 assessed for the construction,
location or establishment
6 establishment, construction, maintenance, or improvement of any
7 drain, no injunction
shall issue to restrain the spreading of
8 the same assessments
upon the tax roll nor to restrain or the
9 collection thereof,
nor shall the same be in any manner of the
10 assessments shall not be enjoined or stayed, unless the amount of
11 such the assessment shall first be has
been paid into the
12 township treasury to be
applied upon such tax, in case the court
13 in which the suit upon
which injunction is tried shall so order
14 to the assessment upon order of the court.
15 Sec. 269. (1) The collection of a special assessment levied
16 or ordered to be levied for the payment of the establishment,
17 construction, maintenance, or improvement of a drain under this
18 act shall not be perpetually enjoined or declared absolutely void
19 for any reason. The court in which an action is brought to
20 recover a special assessment paid, or to declare void the
21 proceedings to establish and construct any drain, or to enjoin
22 any special assessment levied or ordered to be levied for the
23 payment of the labor and expense thereof, may, if there be
24 manifest error in the proceedings, allow the plaintiff in action
25 to show that he or she has been injured thereby. Any such action
26 is subject to section 161.
27 (2) The court in which such proceedings are begun shall allow
1 proof that the drain was necessary and conducive to the public
2 health, convenience safety,
or welfare or for agriculture, and
3 that all the steps required by law have been substantially
4 complied with, notwithstanding the record required to be kept by
5 the commissioner or
drainage board. In case If substantial
6 error is found after hearing proof of both sides, the court may
7 correct any gross injustice in the award of damages, or
8 assessment of benefits.
as may appear after hearing the proofs
9 and allegations of
both sides and the court
shall make such an
10 order in the premises
as shall be just and equitable, and may
11 order that such tax
or any of the following:
12 (a) That the special assessment remain on the tax roll for
13 collection. ,
or order
14 (b) That the same
to special assessment be relieved. , or
15 may perpetually enjoin
the same or any part thereof, or if the
16 same
17 (c) If the special assessment has been paid under protest,
18 may order the whole that the special assessment, or such part
19 thereof as is just and
equitable, to be refunded. In all
20 cases where
assessments shall be set aside
21 (3) If the court sets aside assessments after contracts have
22 been let or bonds or notes sold, the decree shall make full
23 provision for payment of work done and materials furnished under
24 said the contracts before the commencement of suit,
and for
25 payment of such the
bonds or notes and interest thereon, by
26 reassessment according to benefits, or otherwise as equity may
27 require. The cost of
such proceedings, if error or injustice be
1 shown, shall be
apportioned among the parties, or if
2 (4) If no
manifest error or injustice be is shown, such
3 costs of the proceedings shall be collected of the party bringing
4 the action.
5 Sec. 270. Whenever
any If a drain has been located and
6 established, is established and contracts let for its
7 construction, maintenance,
or improvement and the work of
8 construction has been is completed, or partly completed, and the
9 commissioner or
drainage board has made his an order
10 establishing the drain, his
the apportionment of benefits, and
11 special assessment roll
and filed the same order in the office
12 of the county drain
commissioner, as provided by this act, and
13 such taxes remain a
perpetual the special assessments
are a lien
14 upon the lands assessed.
, and filed all of said papers in the
15 office of the county
drain commissioner, and no person or
16 municipality affected
by the proceedings has taken any action by
17 virtue of section 161
of this act to test the validity of the
18 proceedings, or to set
the same aside, and it shall further
19 appear that the tax If the special assessment has not been
20 spread on the tax roll of the municipalities affected and the
21 lien of said tax the
special assessment still remains against
22 such the lands, on the application in writing of
any person or
23 corporation who is now
or were owners an owner of the land
24 assessed at the time of
the apportionment of benefits by the
25 commissioner or any person or corporation who were the owners of
26 land at said the
time of apportionment of benefits and who were
27 assessed therefor, and who sold such land with covenants of
1 warranty, may make an application in writing to the county drain
2 commissioner or
drainage board setting forth such facts. , and
3 upon Upon the filing of such the
application, it shall be the
4 duty of the county drain commissioner to or
drainage board
5 shall make a certified
copy of the assessment roll filed in his
6 the office by the
commissioner and present to and lay it
7 before to the county board of supervisors commissioners
at
8 the its first October session. ,
thereafter of said board, and
9 thereupon it shall be
the duty of said board at said at
that
10 session, to the
county board of commissioners shall order and
11 direct such taxes the
special assessments to be spread upon the
12 tax roll of the municipalities affected thereby, according to the
13 said assessment filed as aforesaid, and as appears by
such
14 special assessment
roll, so certified to said board and
15 certified. The
provisions of this section shall also apply to
16 drains laid out and
established and wholly or partly constructed
17 under the provisions
of all drain laws in force prior to the
18 passage of this act,
where such laws have made such drain tax a
19 perpetual lien upon
the lands upon which they are assessed.
20 Sec. 273. In
case any drain tax heretofore or to be
21 hereafter assessed
shall be If a drain special
assessment is set
22 aside, except for causes that would deprive the commissioner of
23 jurisdiction to construct the drain, the commissioner may begin
24 proceedings anew at the
stage where they shall be correct. In
25 case the defect occurred. If a drain tax special
assessment
26 can or may be set aside for error in description or other defect
27 in the commissioner's or township treasurer's roll, upon
1 discovery of the defect,
the commissioner shall report the same
2 defect to the county
board of supervisors at their October
3 session, who commissioners, which shall order the same special
4 assessment to be
reassessed upon the proper description. Such
5 The report may be made at any time before the sale of the land
6 for such tax the
special assessment.
7 Sec. 274. In any suit
action brought to set aside any
8 drain tax assessment,
or in any way attacking the legality of
9 any drain proceedings, the commissioner shall be made a party to
10 said suit the action.
11 Sec. 275. (1)
In cases where the issuing of bonds shall
12 have been determined
upon, as provided in this act, and subject
13 to the provisions of
section 221 of this act, the commissioner
14 Subject to section 221, the commissioner or drainage board may
15 borrow money in
anticipation of the collection of the special
16 assessment installments and may issue as evidence thereof the
17 bonds of the drainage
district. as defined in this act. The
18 obligations The bonds shall specify on their face that
they are
19 payable out of the
installments of drain taxes special
20 assessments to be collected, and the amount of the bonds shall
21 not exceed the aggregate of the installments levied. Bonds
22 issued under this act shall be signed by the commissioner or
23 chairperson of the drainage board on behalf of the drainage
24 district, shall be
countersigned by the county clerk and of
25 each county in the drainage district, shall be payable in annual
26 installments equal in
number to the installments of taxes
27 special assessments, and shall mature not earlier than March
1 first and not later than June first of the year following the due
2 dates of the respective
installments of taxes special
3 assessments. The number
of installments shall not exceed 20:
4 Provided, however,
That in any drainage district containing a
5 closed drain, any part
of whose cross-section has an area
6 exceeding 60 square
feet, the number of installments may be, but
7 shall not exceed, 30,
and the 30. The amount of
each
8 installment shall be fixed to correspond as near as may be to the
9 drain commissioner's or drainage board's estimate of the amount
10 of taxes special
assessments actually collectible each year. ,
11 and in no case shall
bonds Bonds shall mature not
more than
12 2-1/2 years after the
corresponding installment of taxes
13 special assessments. The commissioner or drainage board shall
14 pledge in the bond the credit of the drainage district, including
15 the lands embraced within the district and the townships, cities,
16 villages, counties, and state
trunk line highways roadways
17 assessed at large, in the
proportion that they are taxed
18 specially assessed for the benefits received.
19 (2) The bonds shall be sold subject to the revised municipal
20 finance act, 2001 PA 34, MCL 141.2101 to 141.2821. If any
21 premium is received on the bonds, the premium shall belong to the
22 fund of the drain. The proceeds derived from the sale of the
23 bonds shall be deposited with the county treasurer to the credit
24 of the drain fund. The county treasurer shall safely keep all
25 the bonds until sold.
as above provided: Provided, however,
26 That this act shall
not be considered to This act
does not
27 affect any bonds or
refunding bonds issued prior to the
1 effective date of this
act before March 28, 1956
or any
2 refunding bonds issued to
replace such bonds. the same:
3 Provided further, That
no county shall advance or pay out of its
4 general funds any
moneys for or on account of principal or
5 interest of any drain
bonds issued before the effective date of
6 former Act No. 331 of
the Public Acts of 1927, or any refunding
7 bonds issued to
replace the same.
8 Sec. 275a. (1) A drainage district may borrow money or
9 accept the advance of work, material, or money from a public or
10 private corporation, partnership, association, individual, or the
11 federal or state government or any agency of the federal or state
12 government for any of the following:
13 (a) The payment of, or in connection with the construction,
14 maintenance, or improvement of, any part of a drain project.
15 (b) The financing and engineering or feasibility,
16 practicability, environmental assessment, or impact study of a
17 drain project.
18 (c) The costs of acquiring property under section 7.
19 (d) Engineering and legal fees.
20 (2) The borrowing by the drainage district may be with or
21 without interest as may be agreed and reimbursed, when funds are
22 available. The obligation of the drainage district to make the
23 repayment or reimbursement may be evidenced by a contract or
24 note, which contract or note may pledge the full faith and credit
25 of the drainage district and may be made payable out of the drain
26 assessments made against public corporations at large, or against
27 lands in the drainage district, or out of the proceeds of drain
1 orders, notes, or bonds issued by the drainage district pursuant
2 to this act or out of any other available funds, and the contract
3 or note shall not be considered to be a security under the
4 revised municipal finance act, 2001 PA 34, MCL 141.2101 to
5 141.2821, unless the principal aggregate amount of the note or
6 notes of the district exceeds $600,000.00. However, any projects
7 in which advances or loans are made by any public corporation,
8 the federal government, or any agency of the federal government
9 shall not be included in this aggregate amount.
10 (3) A county board of commissioners by a vote of 2/3 of its
11 total membership may pledge the full faith and credit of a county
12 for the payment of a note of the drainage district.
13 Sec. 276. (1)
If bonds or notes are to be issued in
14 respect to an
intracounty for a county
drain, the county board
15 of commissioners may, by resolution adopted by a majority of its
16 total membership, pledge the full faith and credit of the county
17 for the prompt payment of the principal of and interest on any
18 bonds or notes hereafter issued pursuant to this act. This shall
19 not validate any bonds or
notes heretofore issued before May
20 14, 1957. In the
event If the county shall be is required to
21 advance any money by reason of such pledge, and if the
22 collections from special assessments shall not be sufficient to
23 reimburse the county therefor, the drain commissioner of such
24 county shall, within a 2-year period from the date of
25 advancement, reassess the drainage district as in the first
26 instance in order to provide for the repayment to the county of
27 the sums so advanced. The
provisions of this section shall not
1 permit the advancement
or any moneys out of the general funds of
2 any county to meet any
deficiency in the collection of drain
3 assessments confirmed
prior to May 1, 1953.
4 (2) If a drainage project lies entirely within the limits of
5 a municipality, other than a county, the governing body of the
6 municipality may pledge the full faith and credit of the
7 municipality for the payment of bonds or drain orders issued in
8 connection with the project. If a deficiency exists in the drain
9 fund or sinking fund for the drain 1 year after the last
10 installment of the deficiency assessment provided for in section
11 280 becomes delinquent, the municipality shall immediately
12 advance to the county drain fund the amount of the deficiency.
13 After the municipality makes the advance, all receipts of the
14 drain fund from the sale of delinquent tax lands, which had been
15 assessed for the drain, shall be paid to the municipality within
16 91 days after receipt by the county treasurer.
17 Sec. 277. Whenever
lands in any city, village or township
18 or combination thereof
shall be assessed for all or any part of
19 the cost of a drain,
the The governing body of
each such
20 cities, villages or
townships city, village, or
township in
21 which are located lands assessed for all or part of the cost of a
22 drain, by resolution adopted prior to the issuance of drain
23 orders and/or or
bonds, or both, in anticipation of the payment
24 of the assessments for such
the drain, may agree that in the
25 event of any delinquency in the collection of the assessments
26 against lands in such
the cities, villages, or townships, the
27 cities, villages,
or townships shall advance the amount of such
1 the delinquency from unobligated funds in the general fund to the
2 extent necessary to pay
principal and interest on such the
3 drain orders and/or or
bonds as the same they mature. In
4 the event that moneys
are If money is so advanced,
then the
5 cities, villages, or townships shall be reimbursed from the
6 collection of the said delinquent assessments against lands
7 within its boundaries. If the collections from special
8 assessments shall are
not be sufficient to reimburse the
9 cities, villages,
or townships, the drain commissioner of such
10 the county or drainage board shall, within a 5-year period from
11 the date of advancement, reassess the drainage district as in the
12 first instance in order to provide for the repayment of the sums
13 so advanced. :
Provided, That this This act shall not validate
14 any drain orders or bonds
issued prior to the effective date of
15 this act before March 28, 1956.
16 Sec. 277a. (1) If drainage districts are consolidated as
17 provided for in this act, the consolidated district shall, except
18 as otherwise provided in this act, have all the rights and powers
19 and be subject to all laws applicable to county or intercounty
20 drainage districts, as applicable.
21 (2) The merging of a drainage district into a consolidated
22 district does not affect the obligation of any bonds issued or
23 contracts entered into by the district or invalidate the levy,
24 extension, or collection of any taxes or special assessments upon
25 property in the debtor district. The bonds and contracts shall
26 be taken over and assumed by the consolidated district, and all
27 outstanding special assessments shall be collected and paid over
1 to the consolidated district for the payment of the obligations
2 previously issued or contracts previously entered into by the
3 debtor district. If further funds are necessary for the payment
4 of obligations previously issued or contracts previously entered
5 into by the debtor district, the drain commissioner or drainage
6 board of the consolidated district shall continue to levy a
7 special assessment based on the special assessment roll created
8 to finance the obligations or contracts. The proceeds of the
9 special assessment shall be used only for the purpose of paying
10 the indebtedness, and the interest thereon.
11 (3) If there are funds in the drain account of any of the
12 districts to be consolidated, the funds shall be placed in a
13 separate account for the consolidated district and shall be used
14 to pay expenses incurred by the commissioner or drainage board
15 for the consolidated district, except as follows:
16 (a) If lands are added which were not previously located in a
17 petitioning district, funds from each account where there is a
18 surplus shall be paid out or prorated in the same manner as
19 provided for abandoned or vacated drains after that district's
20 indebtedness for the cost of consolidation has been satisfied.
21 (b) If 1 of the districts consolidated is specially
22 benefitted by the continued operation and maintenance of pumping
23 equipment or other mechanical operations, a separate account
24 shall be maintained to provide for payment for the operation and
25 maintenance of the pumping equipment or other mechanical
26 operation.
27 Sec. 278. If bonds or notes are issued and sold by the
1 commissioner or
drainage board, installments of the drain taxes
2 special assessments shall
bear interest not to exceed at a rate
3 which is not greater than 1% per annum more than the average rate
4 of interest on the bonds or notes from the date of the
5 preparation of the assessment roll until due. The bonds or notes
6 may provide, if the commissioner or drainage board so determines,
7 for the payment of interest semiannually. The installments and
8 the interest shall, as collected, be paid into the county
9 treasury and placed to the credit of the fund of the drain, to be
10 used solely for the payment of bonds or notes as they mature.
11 Money collected in anticipation of the maturity of the bonds or
12 notes shall be deposited by the county treasurer in a bank or
13 banks to be designated by
the county board of commissioners. of
14 the county and the The interest received shall belong to the
15 fund. Bonds or notes issued and sold by the commissioner or
16 drainage board shall bear interest at not to exceed the rate
17 specified in the revised municipal finance act, 2001 PA 34,
18 MCL 141.2101 to 141.2821.
19 Sec. 279. Any person
liable to for the payment of special
20 assessments for
benefits received from the construction of a
21 drain hereunder may pay the same assessment in full
with
22 interest to date at any time, subject to the right of
23 reassessment in case of a
deficiency as herein provided.
24 However, a prepayment made following the issuance of bonds or
25 notes is subject to the first-year interest on the bonds or
26 notes. The foregoing right
of prepayment shall extend to the
27 extends to this state or any political subdivision thereof,
1 assessed at large for a
portion of the cost of a the drain.
2 Such payment may be made
to the township treasurer drain
3 commissioner, who shall give his or her receipt therefor and who
4 shall transmit the same
receipt to the county treasurer. The
5 latter official
shall, on receipt of the same, give notice to
6 the commissioner, who commissioner shall make the necessary
7 changes in the rolls covering subsequent installments.
8 Sec. 280. (1) If, for any reason, there is not sufficient
9 money in the fund in a particular drain at the time of the
10 maturity of the bonds last to mature, or any drain orders, to pay
11 all outstanding bonds or drain orders with interest, or to
12 reimburse the county for money which it has been obliged to
13 advance pursuant to
section 275, whether such insufficiency is
14 due to the
anticipation of installments as provided in section
15 279, or to failure to
sell any lands for delinquent taxes, or to
16 any other cause, it shall
be the duty of the commissioner to the
17 commissioner or drainage board shall at once levy an additional
18 assessment. as
provided in this act provided in such an amount
19 as The additional assessment shall be in an amount that
will
20 make up the deficiency which
and shall be spread in not to
21 exceed 7 annual
installments. ; and if the commissioner
22 determines that the
entire amount, if spread in 1 year, would be
23 an undue burden or
create unnecessary hardship, he or she may
24 order it spread over
any number of years up to but not exceeding
25 7. If bonds or other evidences of indebtedness are
issued
26 pursuant to the revised municipal finance act, 2001 PA 34,
27 MCL 141.2101 to 141.2821, to refund the outstanding indebtedness
1 of a drain district, the
governing body of such the drain
2 district shall provide, subject to the requirements of the
3 revised municipal finance act, 2001 PA 34, MCL 141.2101 to
4 141.2821, for such additional
levies of assessments prior to
5 before the maturity of the refunding obligations as necessary to
6 prevent default in payment of interest on the obligations, and
7 for the maintenance of a sinking
fund for their the
8 retirement of the
obligations. Every officer charged with the
9 determination of determining the amount of taxes special
10 assessments to be raised,
or the levying of the taxes special
11 assessments, shall make or cause to be made the additional levies
12 as provided. Any surplus remaining after the payment of the
13 bonds and interest shall remain in the county treasury and be
14 used for the maintenance of the drain.
15 (2) The additional
assessments shall only apply to drain
16 orders or bonds issued
after March 28, 1956 and shall
be
17 apportioned, assessed, levied, and collected as provided in the
18 first instance. As
to deficiency assessments levied for drain
19 orders or bonds issued
after March 28, 1956, there shall be no
20 lands exempted from
the levy, except those which at the time of
21 the additional
assessments are owned or used as follows:
22 (a) Lands owned by
the United States.
23 (b) Lands owned by
the state of Michigan.
24 (c) Lands owned by
any county, city, village, township, or
25 school district and
used for public purposes.
26 (d) Lands used
exclusively for burial grounds.
27 (e) Lands
dedicated to the public and actually used as a
1 highway or alley, and
not used for gain.
2 (3) An additional assessment shall not be levied or collected
3 for the purpose of paying the principal or interest upon any
4 bonds or obligations which
have heretofore been that were held
5 to be invalid , and
any such before March 28,
1956. An
6 additional assessment shall not be apportioned, assessed, levied,
7 or collected for the purpose of paying any bonds, interest, or
8 obligations for the
payment of which assessments have been were
9 made before March 28, 1956.
10 Sec. 282. (1) The drain commissioner or drainage board may
11 direct the treasurer of any drainage district to invest any
12 surplus funds belonging to and under the control of the drain
13 commissioner or drainage
board as provided in section 1 of Act
14 No. 20 of the Public
Acts of 1943, being section 129.91 of the
15 Michigan Compiled Laws 1943
PA 20, MCL 129.91. Otherwise, the
16 funds shall be invested in secure interest bearing accounts. The
17 treasurer of the drainage district shall credit earnings from
18 investments under this section to the drainage district fund.
19 (2) If 2 or more
drainage district funds which are under
20 control of the drain commissioner or drainage board have balances
21 of less than $1,000.00, those
drainage district funds may shall
22 be consolidated into 1
account for short-term investment. as
23 directed by the drain
commissioner. A drainage district
fund
24 shall not be consolidated if there is an immediate and apparent
25 need for expending that fund on the specific drain to which the
26 fund belongs.
27 (3) The interest earned by a fund consolidated under
1 subsection (2) may be deposited in a segregated revolving
2 maintenance fund which the drain commissioner or drainage board
3 may use for temporarily financing necessary maintenance expenses
4 on an intracounty a
county or intercounty drain within that
5 drain commissioner's or drainage board's jurisdiction. The
6 revolving maintenance fund shall be a fund separate from the
7 revolving drain fund provided for in chapter 12. The revolving
8 maintenance fund shall be accounted for, administered, and
9 reimbursed in the same manner as the revolving drain fund under
10 section 303.
11 (4) If a drainage district fund has a balance of $1,000.00 or
12 more, the drain commissioner or drainage board may direct that
13 that fund be consolidated with other funds for investment
14 purposes. The interest earned, whether from a consolidated or
15 separate account, shall immediately be deposited in the drainage
16 district fund to which the principal belongs.
17 (5) The principal balances of each drainage district fund
18 shall be accounted for at all times and may only be spent by
19 order of the drain commissioner or drainage board on expenses
20 necessary for the operation and maintenance of the drain to which
21 the fund belongs.
22 Sec. 283. (1) The drain commissioner or drainage board
23 shall use deposit
in the drain fund of the drainage district
24 any surplus construction funds remaining in the construction fund
25 after completion of the project for the inspection, repair, and
26 maintenance of the drain as
provided in section 196 or shall
27 authorize the transfer of the funds to the bond and interest
1 account, if bonds were issued, in the amounts the drain
2 commissioner or drainage board considers proper.
3 (2) The drainage
board or drain commissioner shall may
4 contract with a public corporation if that public corporation has
5 been assessed for all or part of the cost of the drain or if land
6 in a city, village,
township, or combination thereof public
7 corporation has been assessed for all or any part of the cost of
8 a drain. The contract shall provide that after all outstanding
9 drain orders or bonds are paid on a drainage district project,
10 the drain commissioner or
drainage board shall may authorize
11 the respective county
treasurers district treasurer to pay
12 over any portion of the surplus that the drain
commissioner or
13 drainage board considers
not needed for more than the cost of
14 inspection, repair, and maintenance of the drain as provided in
15 section 196 199
to the county, township, city, or village in
16 which the drain was
located or in which assessments for benefits
17 have been assessed and
collected such public
corporations. The
18 payments shall be on a pro rata basis in direct proportion to the
19 amounts assessed and collected
from each county, city, village,
20 or township public corporation. The contract shall also
provide
21 that upon receipt of the
surplus funds the county, city,
22 village, or township public corporation shall utilize those
23 surplus funds to
alleviate drainage problems in their respective
24 jurisdictions its jurisdiction.
25 (3) If state trunk line highway funds are involved in a
26 project, the drain commissioner or drainage board, upon
27 completion of a construction
project, shall and after payment
1 of all outstanding bonds or notes shall return to the state
2 transportation department, on a pro rata basis, surplus
3 construction funds in excess of the amount considered necessary
4 by the drain commissioner or drainage board to pay for
5 inspection, repair, and maintenance of the drain as provided in
6 section 199. 196
to the state transportation department for the
7 construction,
maintenance, and administration of state highways.
8 (4) As used in
this section, "public corporation" includes a
9 city, village,
township, or county, or the state.
10
CHAPTER 12 .
11 REVOLVING
FUNDS FOR DRAINS .
12 Sec. 301. At the October session of the county board of
13 supervisors commissioners of each county, each the
board
14 shall appropriate and collect by general taxation from the
15 taxable property within their
respective counties the county
16 for the purpose of
creating a revolving drain fund, such sum as
17 said board may deem the sum that the board considers necessary.
18 Said The revolving fund when so created shall
be used and
19 disposed of solely as provided in this chapter.
20 Sec. 302. (1) The revolving fund may be used for paying any
21 of the following:
22 (a) The engineer or
surveyor for his services in laying out
23 a drainage district.
, also any
24 (b) Any
necessary assistance therefor and to pay any and all
25 other for the engineer or surveyor.
26 (c) Other legal, engineering, natural resource impact
27 assessment, or consulting services to the date of letting the
1 drain contract. for
paying members
2 (d) Members of boards of determination for services performed
3 under this act. ,
for necessary
4 (e) Necessary
repairs on old drains. , and also for paying
5 drain
6 (f) Drain
orders that are due not in excess of $2,000.00
7 $5,000.00 if authorized
by the county board of supervisors
8 commissioners.
9 (2) Orders drawn by the drain commissioner on the revolving
10 fund may be made payable
upon the performance of services herein
11 defined listed in subsection (1). From said the
revolving
12 fund may be paid the
services herein mentioned listed in
13 subsection (1) on any drain or drainage district affecting more
14 than 1 county. Such The
total expense is shall be prorated
15 among the several counties
affected according to the amount
16 apportioned to be paid by
and in said counties respectively for
17 said each county for the drain. Any and all
orders Orders for
18 services rendered or expenses incurred after the date of letting
19 the drain contract shall be paid in the manner prescribed in
20 chapter 10. ,
being sections 241 to 248.
21 Sec. 303. The county treasurers shall carry as a separate
22 account upon the books of their office a revolving fund and all
23 accounts and items pertaining thereto. A record shall be kept of
24 the amount of money paid from the revolving fund for the use and
25 benefit of any particular drainage district and upon payment to
26 the county treasurer of
the taxes assessed assessments levied
27 in the particular drainage district, the county treasurer, out of
1 the moneys received, shall transfer to the revolving fund pro
2 rata according to the number of installments of taxes the sum
3 expended.
4 Sec. 304. The said
revolving fund shall be deposited in
5 the bank of the
county offering the highest rate of interest on
6 daily balances, final
determination to be made by the board of
7 supervisors of the
particular county, the an
authorized
8 depository for county funds. The interest so received to
9 earned on the fund shall
be paid into and become a part of said
10 the fund.
11 Sec. 306. Whenever
If revolving fund moneys have money
12 has been expended or a drainage district has become obligated to
13 pay expenses for
engineering, legal, and or administrative
14 services, by action of the drain commissioner or drainage board
15 and no an
improvement has not been completed subsequent to
16 after the drain commissioner's order designating a drainage
17 district or entry of the
first order of determination as
18 prescribed in under section 72 where for an
intracounty drain,
19 is involved, the drain commissioner of such the
county which
20 has expended such
revolving fund moneys money may report such
21 that fact to the board of
supervisors commissioners. If no
22 an improvement has
been is not completed within a period of 5
23 years subsequent to
the commissioner's order designating a
24 drainage district or 2 years after entry of the first order of
25 determination as
prescribed in under section 72 55, the drain
26 commissioner of such
county shall report such that fact to the
27 county board of supervisors
commissioners. If the sum involved
1 is too small to justify
spreading the same sum over the
2 designated drainage
district, above referred to, such the
3 county board of supervisors
commissioners may order the sum to
4 be spread against the property of the original petitioners
5 according to such
percentage as the commissioners shall deem
6 the percentage that the drain commissioner considers just and
7 equitable, based on the same benefit theory as if the improvement
8 had been completed. If the sum involved is large enough to, in
9 the opinion of the county
board of supervisors commissioners,
10 create undue hardship on the original petitioners, the county
11 board of supervisors commissioners
may order the same sum
12 spread over such the
designated district and the drain
13 commissioner shall
apportion the cost thereof sum to the
14 parties benefited in the district as provided in chapter 7 for
15 the purpose of permitting a review of the roll as to fairness of
16 the apportionment only.
17 Sec. 307. Whenever
If revolving fund moneys have money
18 has been expended and no
improvement has been completed
19 subsequent to the
order designating a drainage district as
20 prescribed in an improvement is not completed within 2 years
21 after entry of the first order of determination under section 105
22 of this act where an intercounty drain is involved, within a
23 period of 5 years, the drainage board created in section 102 of
24 this act shall apportion the cost as between counties. Any
25 drain commissioner
feeling aggrieved by such the apportionment
26 may request review by the board of review provided in section
27 106 of this act, and
such board shall proceed to review the
1 same 104, and the board of review shall review the
apportionment
2 as provided in this act. The decisions of the board of review
3 shall be are final. Thereafter, the amount
apportioned to each
4 county shall be recovered
by each that county as above
5 outlined provided for the recovery of revolving fund moneys
6 money expended for an
intracounty drain in section 306. of this
7 act.
8
CHAPTER 13 .
9 HIGHWAYS. ROADWAYS,
RAILROADS, UTILITIES, AND OTHER STRUCTURES
10 Sec. 322. (1)
When any If a drain crosses a highway
11 roadway, the necessary bridge or culvert shall be constructed on
12 the center line of the highway
roadway as located by survey,
13 and in accordance with plans and specifications which shall be
14 approved by the county
road commission having jurisdiction, or
15 by the state highway
commissioner if such highway is a state
16 trunk line roadway authority under a permit under section 7.
17 The cost of constructing the necessary bridge or culvert shall be
18 charged in the first instance as part of the cost of construction
19 of such the
drain. The board of county road commissioners or
20 the state highway
commissioner roadway authority
shall assume
21 and bear such a
portion of the cost of construction, based upon
22 benefits, as may be
agreed upon with the drain commissioner. In
23 such case, the The contract for the construction of the
bridge
24 shall not be let by the drain commissioner without the written
25 consent of the state
highway commissioner or the board of county
26 road commissioners.
Thereafter such roadway
authority.
27 (2) After
construction, the bridge or culvert constructed
1 under the provisions
of this act shall be maintained by
the
2 county road
commission or state highway commissioner. Any such
3 roadway authority.
4 (3) An expense
charged to the state highway commissioner
5 transportation department under this section shall be met paid
6 out of any funds
appropriated for the state highway
7 transportation department
that may be available therefor. ; and
8 any such expense to be
borne by An expense charged to
the board
9 of county road commissioners under this section shall be paid
10 pursuant to section 14a of 1951 PA 51, MCL 247.664a, out of
11 moneys money in the county road fund not otherwise
12 appropriated.
13 (4) As part of
such the drain, there shall be constructed
14 at least 1 bridge or culvert across such drain connecting the
15 highway (except roadway with each farm entrance, unless the
16 roadway is a limited
access highways highway established under
17 Act No. 205 of the
Public Acts of 1941, as amended, being
18 sections 252.51 to
252.64 of the Compiled Laws of 1948), with
19 each farm entrance,
and when 1941 PA 205, MCL 252.51
to 252.64.
20 If a drain crosses a farm
or any portion thereof there shall be
21 constructed 1 bridge,
culvert or ford across the drain connecting
22 the portions of the
farm disconnected by the drain, which parcel
23 or tract of land and will diminish access to portions of the
24 parcel or tract disconnected by the drain, 1 bridge, culvert, or
25 ford shall be constructed across the drain to connect those
26 portions of the parcel or tract so that the degree of access is
27 not diminished. The cost of construction and maintenance of the
1 bridge, culvert,
or ford shall also be charged in the first
2 instance as a part of the construction and maintenance,
3 respectively, of such
the drain. , after which such bridge,
4 culvert or ford shall
be maintained by the owner of the land.
5 (5) If the
drain commissioner shall make future or drainage
6 board maintains or makes
improvements such as widening,
7 deepening,
straightening or relocating such drain, but not clean
8 out alone, there shall
be constructed the to a drain,
necessary
9 bridges, culverts, and fords may be constructed or maintained as
10 parts part of such improvements the
drain maintenance or
11 improvement.
12 (6) The commissioner's or drainage board's engineer shall
13 recommend methods to reduce soil erosion and sedimentation. The
14 engineer, when necessary, shall also recommend the size and type
15 of construction for necessary bridges, culverts, and fords.
16 Sec. 322b. If any person desires during construction or
17 reconstruction of a highway
roadway to install a drain for
18 agricultural benefits in
lands adjacent to any highway roadway,
19 and if a satisfactory outlet cannot be secured on the upper side
20 of the highway roadway
right-of-way and the drain must be
21 projected across the right-of-way to reach an outlet which may be
22 legally utilized as an outlet and is suitable for such purpose,
23 the expense of both material and labor used in installing the
24 drain across the right-of-way shall be paid from funds available
25 for the highway roadway
affected if the highway roadway
26 authority is notified of the necessity of the drain sufficiently
27 in advance of the
construction or reconstruction of the highway
1 roadway so that the drain
may be installed and the highway
2 roadway constructed or reconstructed in the same operation.
3 Sec. 323. Before a new
drain is constructed along a public
4 highway roadway, the drain commissioner or drainage
board shall
5 consult with and obtain
the written consent of the highway
6 authorities having
jurisdiction over the highway, roadway
7 authority as to the proposed location of the drain and the
8 disposition of all
material excavated. Whenever The review and
9 written consent for the construction shall be made by the roadway
10 authority within 42 days of its receipt of plans for the
11 construction. If written consent is not provided by the roadway
12 authority within the 42-day period, the construction plans shall
13 be considered to have been approved. If modifications are
14 required by the roadway authority, final plans will be provided
15 to the roadway authority prior to any construction activity. If
16 an apportionment is made against a state trunk line highway, the
17 amount of the assessment based on the apportionment shall be paid
18 out of any state
transportation funds on hand. On or before
19 December 1 of the year
when the assessment is made, the drain
20 commissioner or
drainage board shall certify to the state
21 treasurer the amount
due from the state to the drainage district
22 by reason of the
assessment of benefits, and the state treasurer
23 shall, if satisfied of
the correctness of such certificate, cause
24 the certificate to be
paid within 30 days thereafter.
25 If
a ditch or drain was constructed prior to 1923 primarily
26 for drainage of
private lands, and was constructed along a public
27 highway, and if the
records including the original survey of the
1 drain are not of
public record nor turned over to the county
2 drain commissioner, or
have not been entered in the records of
3 the county drain
commissioner as a county drain, then the actual
4 location of the drain
shall be sufficient to make the drain
5 comply with the
provisions of this act with respect to the
6 location thereof, and
the drain shall be a county drain upon
7 compliance with the
other provisions of this act with respect to
8 county drains. No
proceedings shall be instituted for the
9 widening of the drain
or the deepening thereof below its original
10 bottom.
11 Sec. 324. (1)
Whenever If it is necessary or more
12 convenient for the proper
drainage of any highway a county road
13 in this state that the surplus water be taken onto or across the
14 land adjacent thereto, the county road commission of the county
15 in which said highway
the county road is situated may secure
16 the right-of-way and may open such drain or outlet for the water,
17 and for these purposes
may use any highway moneys the county
18 road money of the
township in which said highway the county
19 road is situated, not
otherwise appropriated, and such any sums
20 as may be voted for that use by the electors of the townships.
21 (2) The county road commission, the county executive, or
22 other agency acting as the county road commission shall secure
23 the right-of-way for any
such the drain by gift or purchase
24 from the owners of the
land to be crossed by such the drain. ;
25 but in case of
purchase the A purchase price
must be approved by
26 the township board whenever township funds are involved, before
27 any money be paid
thereon payment is made. Such The
1 right-of-way shall be acquired by deed duly executed by the owner
2 or owners of the lands sought
to be crossed by the said
3 drain, and shall be taken
in the name of the township wherein
4 the same where right-of-way is located. , and
The deed shall
5 be filed in the office of the register of deeds of the county
6 before any highway county
road money shall be expended in
7 opening such the
drain outside the highway county road
8 limits.
9 Before the
township board approves the purchase price of any
10 drain right-of-way
under this section, the county road commission
11 shall submit to the
board for its approval details of the
12 proposed drain, with
specifications that the drain shall be
13 constructed in
accordance with good health and sanitation
14 standards and in such
a manner as not to constitute a hazard to
15 health or safety and
that in construction of the drain the
16 township board shall
approve the use of the land upon which the
17 drain is to be
located.
18 Sec. 326. On the completion by the county road commission
19 of any a
drain, constructed under the provisions of this act,
20 it shall be the duty
of said the county road
commission to
21 shall file in the office of the drain commissioner a detailed
22 report of the
construction of such the drain, giving the date
23 of construction, the
termini and general course thereof,
24 together with of the drain, and a copy of the deed by which
the
25 right-of-way therefor was
secured. Nothing in the provisions of
26 the preceding sections
shall be construed as giving to This
27 chapter does not give the
county road commission power to lay
1 out and construct drains having any other purpose than the
2 drainage of highways county
roads.
3 Sec. 327. (1)
In case it becomes If it is necessary for
4 the construction or maintenance
of any highway a roadway to
5 take the surplus water
across adjacent lands, the state, county
6 or township highway
commissioner or county road commissioners may
7 make under his or
their name of office an application or petition
8 to the drain
commissioner of the county in which such highway is
9 situated to lay out
and designate a drainage district, locate and
10 establish a drain,
clean out, widen, deepen, straighten or extend
11 an established drain.
Such application or petition shall conform
12 to the law regulating
applications or petitions for the laying
13 out and designating a
drainage district, locating and
14 establishing of
drains, and cleaning out, widening, deepening,
15 straightening and
extending established drains, and shall require
16 no other signature
than his own as highway commissioner or county
17 road commissioners.
Such application or petition shall have the
18 same force and effect,
and be subject in other respects to the
19 same laws and
regulations that govern other such applications or
20 petitions and shall
confer the same jurisdiction and authority on
21 the county drain
commissioner to lay out and designate a drainage
22 district, locate and
establish a drain, or clean out, widen,
23 deepen, straighten or
extend an established drain: Provided,
24 That in cases where
the state highway commissioner makes such
25 application or
petition he shall serve a copy of such application
26 or petition on the
director of agriculture, who shall within 30
27 days hold a meeting at
some place in the drainage district for
1 the purpose of
determining the practicability or necessity of
2 such drain, and no
board of determination shall be necessary to
3 pass on those
questions. Said meeting shall be held, notice
4 given and all persons
interested may be heard in the same manner
5 as provided in section
102 or section 122 of this act. The
6 determination of the
director of agriculture shall be filed with
7 the drain
commissioner. roadway authority
may file a petition
8 with the drain commissioner of the county in which the roadway is
9 situated to establish a drainage district and a county or
10 intercounty drain or to maintain or improve a drain. Except as
11 provided in subsections (2) and (3), the petition and proceedings
12 are subject to chapter 3, 5, or 8, as applicable, and other
13 provisions of this act.
14 (2) The roadway authority is the only petitioner required on
15 a petition under this section.
16 (3) If the petitioning roadway authority is the director of
17 transportation, all of the following apply:
18 (a) In addition to filing the petition with the drain
19 commissioner of the county in which the roadway is located, the
20 director of transportation shall promptly serve a copy of the
21 petition on the director of agriculture.
22 (b) The director of agriculture shall exercise the powers and
23 duties of the board of determination, for a county drain, or the
24 drainage board, for an intercounty drain, up to and including the
25 filing of the order of necessity. The director of agriculture
26 shall conduct the first hearing under chapter 3, 5, or 8, as
27 applicable, not later than 63 days after the director of
1 transportation serves the copy of the petition on the director of
2 agriculture.
3 Sec. 328. Before
the department of state highways may
4 commence the
construction of a state highway, the engineering
5 plans of the state highway
relative to county drains shall be
6 forwarded to the drain
commissioner of each county where the
7 state highway is to be
constructed. Before a person lays
or
8 constructs a cable, pipeline, sewer, conduit, roadway, culvert,
9 bridge, or other structure across a county or intercounty drain,
10 the person shall forward relevant engineering plans to the drain
11 commissioner or drainage board, respectively, for review and
12 written approval upon terms and conditions that are reasonable
13 and proper to prevent interference. The review and written
14 approval for the construction shall be made by the drain
15 commissioner within 42 days of his or her receipt of plans for
16 the construction. In the event that approval is not provided by
17 the drain commissioner within the 42-day period, the construction
18 plans shall be approved. If modifications are required by the
19 drain commissioner, final plans will be provided to the drain
20 commissioner prior to any construction activity.
21 Sec. 329. If the roadway authority requests or orders that
22 an existing legally established drain within the right-of-way of
23 the roadway be relocated outside the roadway right-of-way, the
24 cost of relocating the drain shall be borne by the roadway
25 authority.
26 Sec. 330. (1) If it is necessary to establish, construct,
27 maintain, or improve a drain across the right-of-way or roadbed
1 of any railroad or railway company, telephone or telegraph
2 company, or dam, electric, cable, water, oil, gas, pipeline, or
3 other utility company, the drain commissioner or drainage board
4 shall give notice of the necessity to cross the right-of-way or
5 roadbed. Notice shall be provided by first-class mail to the
6 general office of the company or the office of the registered
7 agent of the company. The notice shall include the location of
8 the proposed crossing, the name of the drain, the plans and
9 specifications for the crossing and for the method of
10 constructing the crossing, and a schedule for constructing the
11 crossing. The crossing and plans for the crossing shall include
12 any infrastructure or other provision necessary to maintain the
13 company's access to its facilities and equipment. The notice
14 shall also include a statement that the company has 42 days
15 within which to object to the proposed plan and failure to do so
16 may result in a waiver of any objections.
17 (2) Within 42 days after receipt of the notice, the company
18 shall deliver to the drain commissioner or drainage board by
19 first-class mail notice whether it approves or objects to the
20 location of the crossing and the plans and specifications for the
21 crossing and for the method of constructing the crossing. The
22 notice shall state the reasons for any objection. If the company
23 approves of or fails to object to the crossing, the drain
24 commissioner or drainage board may proceed with the crossing. If
25 the company objects to the crossing, the drain commissioner or
26 drainage board may do 1 of the following:
27 (a) The drain commissioner or drainage board may give a
1 revised notice of crossing under subsection (1). The revised
2 notice of crossing shall be designed to resolve 1 or more of the
3 reasons for objection of the original notice of crossing. The
4 revised notice of crossing is subject to the same requirements
5 and procedures as the original notice of crossing under this
6 section.
7 (b) The drain commissioner or drainage board may petition the
8 circuit court of the county in which the crossing is proposed to
9 be located to order the company to allow the drain commissioner
10 or drainage board to construct the crossing. The circuit court
11 shall, if it finds that there is a legal right to the crossing
12 and also finds that the objections of the company to the plans
13 were not well founded or material to the safe operations of the
14 company, issue a writ of mandamus ordering the company to allow
15 the drain commissioner or drainage board to construct the
16 crossing. The drain commissioner or drainage board shall give
17 the company at least 14 days' notice of the petition to the
18 circuit court and the proceedings shall follow the practice of
19 circuit courts in mandamus proceedings. The matter shall be
20 heard and determined as speedily as practicable. The court may
21 award costs and attorney fees to the prevailing party.
22 (c) In lieu of proceeding to circuit court as provided in
23 subdivision (b), the drain commissioner or drainage board and the
24 company may agree to an alternative form of dispute resolution,
25 including, but not limited to, mediation or arbitration by a
26 member of the American arbitration association or its successor
27 under the commercial arbitration rules of the American
1 arbitration association or its successor. An arbitrator may
2 award attorney fees or arbitration fees to the prevailing party.
3 At the request of either party, the decision of an arbitrator may
4 be entered in and enforced by the circuit court of the county in
5 which the crossing is proposed.
6 (3) If it is necessary to construct, maintain, or improve a
7 drain across the right-of-way of any railroad or railway company,
8 telephone or telegraph company, or dam, electric cable, water,
9 oil, gas, pipeline, or other utility company, the drain
10 commissioner or drainage board may acquire property or interests
11 in property for that purpose under section 7.
12
CHAPTER 17 .
13 ABANDONED AND
VACATED DRAINS --DISPOSAL OF FUNDS.
14 Sec. 391. (1)
Any drain or part thereof which has ceased
15 to be of public
utility and that is no longer
necessary or
16 conducive to the public
health, convenience and safety, or
17 welfare or for agriculture may be declared to be abandoned and
18 vacated in the manner herein
provided in this section.
19 (2) Any 5 freeholders
of lands owners of land in a drainage
20 district or the governing body of any public corporation in whose
21 limits a drain or part thereof is located may petition for the
22 abandonment and vacation
of a the drain or part thereof. The
23 petition shall be addressed to and filed with the drain
24 commissioner or drainage
board having jurisdiction of such the
25 drain. The commissioner or drainage board shall hold a meeting
26 to hear objections to the petition and to the abandonment and
27 vacation of a the
drain or part thereof therein requested in
1 the petition, and shall
give notice of such the meeting by
2 posting in 5 public
places in the drainage district and by
3 publication in a
newspaper of general circulation in the drainage
4 district which posting
and publication shall occur at least 10
5 days before the date
of such meeting under section 8.
6 (3) Private rights of persons acquired by reason of the
7 establishment and construction
of such the drain or part
8 thereof shall not be
interfered with , or in any way be
9 impaired by such the
abandonment and vacation. If it is
10 determined at such the commissioner or drainage board determines
11 at the meeting that the drain or part thereof should be abandoned
12 and vacated, the commissioner or drainage board shall issue an
13 order to that effect.
and file the same with the commissioner of
14 the county or counties
involved. Easements An order of
15 abandonment shall not be made under this section or money
16 disbursed under section 392 unless all debts of the drain are
17 satisfied. The drain commissioner or drainage board may levy a
18 special assessment to satisfy any such debt, including
19 reimbursement to the drain revolving fund, before an order is
20 entered or disbursements are made. Subject to subsection (4),
21 easements or rights-of-way for the drain or part thereof
22 abandoned and vacated or easements or portions thereof no longer
23 necessary for drainage purposes shall be conveyed or released by
24 the commissioner or drainage board on behalf of the drainage
25 district. If it be
contemplated to construct a new drain or
26 part thereof on or
near the line of an existing drain or part
27 thereof this may be
accomplished without abandonment and vacation
1 of the
2 (4) The
existing drain or part thereof and the need not be
3 abandoned or vacated if it is anticipated that a drain or part
4 thereof will be constructed or relocated on or near the line of
5 the existing drain. The easements or rights-of-way of the
6 existing drain or part
thereof may be used for this purpose. :
7 Provided, however,
That However, if the
contemplated project
8 materially damages the property owner beyond the existing
9 easement, or if it materially burdens the existing easement, then
10 the commissioner or drainage board shall secure an additional
11 easement for the
contemplated project. It shall not be
12 necessary to abandon
and vacate an An existing
drain or part
13 thereof made unnecessary by a new drain or part thereof need not
14 be abandoned or vacated until the new drain is constructed and
15 ready for service.
16 Sec. 392. (1)
Whenever any If a drain shall have been
17 is declared vacated and abandoned in its entirety, as provided in
18 section 391, it shall
be the duty of the drain commissioner
19 to shall serve notice thereof forthwith upon the
county
20 treasurer of the county or counties in which the drainage
21 district, or any portion thereof, is situated. If there be any
22 money credited to or belonging to the fund of such vacated and
23 abandoned drain, it
shall be the duty of the drain commissioner
24 or drainage board may in its discretion prepare a revised roll to
25 allocate a proportionate refund amount of any such fund to all
26 the lands that were assessed for the costs of the vacated and
27 abandoned drain. If the drain commissioner or drainage board
1 prepares such a revised roll, the county treasurer or treasurers
2 to transfer and pay
over the same shall pay the
refund amount
3 to the treasurer or treasurers of the township or townships in
4 which the drain was located or in which assessments for benefits
5 to be received from such drain have been assessed and collected.
6 : Provided, That in
all cases where
7 (2) If the
amount of such the money belonging to in the
8 drain fund of such the
drain , in the hands of the county
9 treasurer, shall be is insufficient to permit the refunding and
10 paying over to such
township treasurers all of the moneys money
11 assessed and collected in such townships, the county treasurer
12 shall prorate the amounts
so paid, and each less all costs
13 associated with the abandonment of the drain. Each township
14 treasurer shall be is
entitled to receive such proportion of
15 the moneys money
remaining in the fund of the vacated or
16 abandoned drain as the total amount of the assessments levied and
17 collected in his or
her township and becoming a part of such
18 for the drain fund shall
bear to all of the moneys money
19 assessed and collected
and making up such the fund. In case
20 If it is necessary to
prorate in the this manner, provided,
21 the county treasurer shall furnish to each township treasurer a
22 statement showing the
amount of money in the fund at the time
23 such when the drain was declared vacated and
abandoned, and the
24 various amounts assessed
and collected for such the drain fund
25 from the different townships entitled to share in the
26 disbursement thereof.
27 Sec. 393. Upon receiving such money, and the accompanying
1 statement, if required to be furnished hereby, the township
2 treasurer shall give his or her receipt therefor to the county
3 treasurer. He The
township treasurer shall also serve notice
4 upon each person, firm or corporation who, as shown by the
5 records of his or her
office, shall have paid a special tax
6 assessment for benefits received or to be received from the
7 construction of such
drain, that such the drain has been
8 declared vacated and
abandoned and that the payment as
9 aforesaid has been made to him the township
treasurer by the
10 county treasurer. Similar notice shall also be served upon the
11 township board and shall be published for 2 successive weeks in
12 some a newspaper published and circulating in said
the
13 county. Thereupon,
every Upon demand, the township treasurer
14 shall reimburse such
person, firm, or corporation shall be
15 entitled to demand and
receive from said township treasurer for
16 the amount of the special
assessment that such the person,
17 firm, or
corporation may have so paid. The amount of the
18 special tax assessment
for the construction of such the drain
19 that may have been assessed and collected from the township at
20 large shall be credited to and paid into the contingency fund in
21 the township treasury.
: Provided, however, That However, if
22 the amount of money paid over to the township treasurer by the
23 county treasurer in
the manner aforesaid is less than the
24 aggregate amount of special assessments levied and collected in
25 such township for the
construction of such drain and the tax
26 assessment levied and collected upon and from the township at
27 large, then the township
treasurer shall prorate the payments
1 to each such person, firm, or corporation and the amount to be
2 paid into the general
fund in the township treasury ; and each
3 such person, firm or
corporation and the contingency fund in the
4 township treasury
shall be entitled to receive such
proportion
5 of the amount of the special
assessment or tax paid thereby
6 as the amount of money paid to the township treasurer by the
7 county treasurer shall
bear bears to the total amount of
8 special assessments and taxes levied and collected in said
9 township and paid into the fund for the construction of said
10 drain.
11 Sec. 395. (1)
The county drain commissioner may relinquish
12 jurisdiction and
control to a township, city or village of any
13 county drainage
district upon which there is no outstanding
14 indebtedness or
contract liability and which is wholly located
15 within the boundaries
of a township, city or village, and
16 thereafter the county
drain commissioner shall be relieved of,
17 and the township, city
or village shall assume, the maintenance,
18 jurisdiction, control
and operation thereof and its future
19 operation shall be
financed in the same manner as is provided for
20 special assessment
districts within such township, city or
21 village: Provided,
That such proceeding shall have first been
22 approved by a majority
of the members elect of the county board
23 of supervisors and by
the resolution of the governing body of the
24 township, city or
village in which such drain is located. Any
25 money which shall be
in the drain fund of any such The
county
26 drain commissioner, for a county drain, or the drainage board,
27 for an intercounty drain, may relinquish jurisdiction over all or
1 part of a drain to a county, township, city, or village if all of
2 the following requirements are met:
3 (a) The county, township, city, or village requests or
4 consents to the relinquishment by resolution of its governing
5 body. If the relinquishment is to a county, the resolution of
6 the county board of commissioners shall specify the county
7 agency, such as the board of public works, drain commissioner,
8 board of county road commissioners, the county executive, or
9 other agency acting as the county road commission or parks and
10 recreation commission, that will exercise jurisdiction over the
11 drain or part of the drain.
12 (b) If the relinquishment is to a township, city, or village,
13 the relinquishment is approved by resolution of a majority of the
14 members of the county board of commissioners.
15 (c) The drain or part of the drain is located wholly within
16 the boundaries of the county, township, city, or village to which
17 it is to be relinquished.
18 (d) The drainage district has no outstanding indebtedness or
19 contract liability. Indebtedness or contract liability that will
20 be paid in full at the time of the relinquishment is not
21 considered to be outstanding for the purposes of this
22 subdivision.
23 (2) Upon relinquishment of jurisdiction over the drain or
24 part of the drain, the drain commissioner or drainage board is
25 relieved of, and the county, township, city, or village shall
26 assume, jurisdiction over the drain or part of the drain,
27 including responsibility for the maintenance, control, and
1 operation of the drain or part of the drain. Easements and
2 rights of way for the drain or part of the drain are transferred
3 to the county, township, city, or village to which the drain or
4 part of the drain is relinquished. If jurisdiction over the
5 entire drain is relinquished, the drainage district is
6 dissolved.
7 (3) If jurisdiction is being relinquished over all or part of
8 a drain established under chapter 3 or 5, any money in the drain
9 fund of the drainage
district at the time jurisdiction over it
10 is transferred relinquished
as provided in this section shall
11 be distributed in the same
manner as is provided in sections
12 391 392 to 394 , inclusive, of this act in
the case of
13 abandoned or vacated drains.
14 (4) If jurisdiction is being relinquished over all or part of
15 a drain established under chapter 20 or 21, any money in the
16 drain fund shall be used to pay any indebtedness or contract
17 liability of the drainage district. If jurisdiction over the
18 entire drain is relinquished, the balance shall be turned over to
19 the county, township, city, or village assuming jurisdiction. If
20 jurisdiction over part of the drain is being relinquished, there
21 shall be turned over to the county, township, city, or village
22 assuming jurisdiction that portion of the balance equal to the
23 ratio of the costs of operation and maintenance of that part of
24 the drain to the costs of operation and maintenance of the entire
25 drain. The balance turned over to a county, township, city, or
26 village shall be used solely with respect to the drain or part of
27 the drain over which jurisdiction is assumed.
1
CHAPTER 18 .
2 OBSTRUCTIONS IN
DRAINS, ; SEWAGE, ; AND MISCELLANEOUS
3
PROVISIONS .
4 Sec. 421. (1)
Whenever any person shall obstruct any
5 established drain, it
shall be the duty of the commissioner to
6 cause such obstruction
to be removed. Any lessening of the area
7 of a drain, which area
shall be a cross section of the drain,
8 shall be deemed to be
an obstruction. The person causing such
9 obstruction shall be
liable for the expense attendant upon the
10 removal thereof,
together with the charges of the commissioner,
11 and the same shall be
a lien upon the lands of the party causing
12 or permitting such
obstruction, and all of the expense shall by
13 the commissioner be
reported to the board of supervisors,
14 together with the
report of his doings in the premises, and by
15 said board ordered
spread upon the land of the offending party,
16 should the same remain
unpaid: Provided, That the offending
17 party causing such
obstruction shall be given a notice in writing
18 of at least 5 days to
remove such obstruction. If a
person
19 obstructs or permits the obstruction of a drain, the drain
20 commissioner or drainage board shall proceed under subsection
21 (2), (3), or (4). An obstruction is any lessening of the
22 cross-section of a drain including, but not limited to, that
23 resulting from any railroad, bridge, cable, pipeline, sewer,
24 conduit, roadway, culvert, or other structure. Obstruction does
25 not include construction of a structure as approved under section
26 328.
27 (2) By first-class mail or personal service, the drain
1 commissioner or drainage board shall give the person causing or
2 permitting the obstruction a written notice to remove or modify
3 the obstruction. Beginning 14 days after the notice is delivered
4 to the person, if the person has not so removed or modified the
5 obstruction or made arrangements satisfactory to the drain
6 commissioner or drainage board for removal or modification of the
7 obstruction, the drain commissioner or drainage board may cause
8 the obstruction to be removed or modified.
9 (3) The drain commissioner or drainage board may bring an
10 action in the circuit court of the county in which the
11 obstruction is located to compel the person to remove or modify
12 the obstruction.
13 (4) If, in the opinion of the drain commissioner or drainage
14 board, the obstruction creates an emergency condition that
15 endangers the public health, safety, convenience, or welfare or
16 crops or other property, the drain commissioner or drainage
17 board, after giving reasonable notice to the person causing or
18 permitting the obstruction, may remove or modify the
19 obstruction. The notice shall specify the reasons for further
20 action.
21 (5) The person causing or permitting the obstruction is
22 liable to the drain commissioner or drainage board for the
23 expense of removal or modification of the obstruction under
24 subsection (2) or (4). If the person does not pay the drain
25 commissioner or drainage board the full amount of the expense
26 within 30 days after being billed for the amount, the drain
27 commissioner or drainage board shall report the unpaid portion of
1 the expense to the county board of commissioners, together with a
2 report of the work performed. The county board of commissioners
3 may certify the unpaid amount of the expense to the proper tax
4 collecting officer to be entered in a separate column on the next
5 tax roll against those parcels of land of the person causing or
6 permitting the obstruction that are located in whole or part
7 within the drainage district or are traversed by the drain. If
8 the county board of commissioners so certifies the unpaid amount
9 of the expense, all of the following apply:
10 (a) The unpaid amount shall accrue simple interest at the
11 same rate as charged by the department of treasury on delinquent
12 state taxes.
13 (b) There is a lien upon those parcels for the total unpaid
14 amount of the expense.
15 (c) The total unpaid amount of the expense may be collected
16 in the same manner as ad valorem property taxes under the general
17 property tax act, 1893 PA 206, MCL 211.1 to 211.157. However, a
18 parcel is not subject to sale under section 60 of the general
19 property tax act, 1893 PA 206, MCL 211.60, for nonpayment of the
20 expense unless the parcel is also subject to sale for delinquent
21 property taxes.
22 (d) Upon payment of the total amount due, the lien is
23 discharged and, if the drain commissioner or drainage board has
24 recorded the lien, the drain commissioner or drainage board shall
25 file a certificate of discharge of the lien.
26 (6) The removal or modification of the obstruction shall not
27 be considered an element of damages in proceedings to maintain or
1 improve a drain.
2 (7) This provision
as to obstruction of any drain shall
3 section does not apply where
if the obstruction was caused by
4 natural causes. ,
but However, the owner of the stock who
5 shall permit his
horses, cattle, pigs and other stock livestock
6 permitted to obstruct any
drain by tramping in it shall be
7 deemed is considered to be the party causing such
obstruction.
8 Nothing contained in
this section shall in any way impede or bar
9 the right of any
person to make criminal complaint under any
10 existing law for any
obstruction of a drain.
11 (8) This section does not impede or bar the right of the
12 drain commissioner, drainage board, or any other person to seek
13 relief under any other pertinent provisions of this act including
14 but not limited to civil or criminal remedies.
15 Sec. 422. (1)
Railroad or railway companies, telephone,
16 telegraph, or pipeline
companies and other utilities shall not
17 obstruct established
drains, nor shall they lessen the area of
18 any drain through
their track bed or right of way. The area
19 herein referred to is
a cross section of the drain. In case any
20 such company or
utility, without legal right, has constructed or
21 shall construct any
bridge, culvert, pipeline or conduit over any
22 established drain
whereby the area aforesaid is decreased, the
23 removal of such
bridge, culvert, pipeline or conduit shall not be
24 deemed an element of
damage in proceedings to deepen and widen
25 such drain through
such track bed or right of way. In case it is
26 proposed to construct
a pipeline, sewer or conduit within, over
27 or across any county,
such construction shall be of a nature and
1 laid at such a depth
at the point of crossing of any established
2 public drain as will
not interfere with said established public
3 drain. The consent of
the county drain commissioner or board of
4 public works of any
municipality shall be obtained before the
5 work of such
construction is commenced and such drain
6 commissioner is hereby
authorized to grant such consent upon such
7 terms and conditions
as may be reasonable and proper under the
8 circumstances then
existing. In case any railroad or railway
9 company, telephone,
telegraph or pipeline company or other
10 utilities shall
obstruct any established drain, or has
11 constructed or shall
construct any bridge, culvert, pipeline or
12 conduit, sewer or
other structure over, under or through any
13 established drain,
leaving less capacity to the drain than such
14 drain is legally
entitled to, in accordance with the rights for
15 such drain as
established by proper drain proceedings or as
16 established by other
legal methods prior to the date of
17 construction of any
such obstruction, the county drain
18 commissioner or the
board of public works, as the case may be,
19 may, by mandamus
proceedings in the circuit court of the county
20 in which such
obstruction shall occur, compel the removal of such
21 obstruction. If
necessary, issues of fact may be framed in such
22 proceedings. In case
the court shall find such drain to have
23 been obstructed, it
shall issue a preemptory mandamus compelling
24 such company to remove
such obstruction. The court may award
25 costs in its
discretion as in other mandamus proceedings. The
26 practice herein shall
be the same as in other motions for
27 mandamus. The drain commissioner or drainage board,
including an
1 agent or employee of the drain commissioner or drainage board,
2 may enter upon property not within a drainage district to remove
3 or modify an obstruction in a natural watercourse that serves as
4 an outlet for a county or intercounty drain but that is not
5 itself a drain. The entry shall be made pursuant to a written
6 agreement with the landowner. The agreement shall specify that
7 the drain commissioner or drainage board shall restore the
8 property to substantially the same condition as before the entry
9 or shall specify that the drain commissioner or drainage board
10 shall make restitution for actual damage resulting from the
11 entry. The entry shall be made upon reasonable notice to the
12 landowner and at a reasonable hour. The landowner or his or her
13 representative shall be given a reasonable opportunity to
14 accompany the drain commissioner or drainage board or their
15 agents or employees during the entry upon the property. The
16 costs attendant to the access of the property, removal of the
17 obstruction, and restoration of the property may be assessed
18 against the drainage district.
19 (2) If entry under subsection (1) has been denied, the drain
20 commissioner or drainage board may commence a civil action in the
21 circuit court in the county in which the property or any part of
22 the property is located for an order permitting entry. The
23 complaint shall state the facts making the entry necessary, the
24 date on which entry is sought, and the duration and the method
25 proposed for protecting the defendant against damage. The court
26 may grant a limited license for entry upon such terms as justice
27 and equity require, including the following:
1 (a) A description of the purpose of the entry.
2 (b) The scope of activities that are permitted.
3 (c) The terms and conditions of the entry with respect to the
4 time, place, and manner of the entry.
5 (3) An entry made pursuant to this section shall be made in a
6 manner that minimizes any damage to the property and any
7 hardship, burden, or damage to a person in lawful possession of
8 the property.
9 (4) The removal or modification of an obstruction under this
10 section is subject to the expenditure limits and other procedures
11 required for necessary maintenance or repair of a drain under
12 section 199. In addition, the drain commissioner or drainage
13 board shall obtain any permits for the removal or modification
14 required under state or federal law.
15 Sec. 423. (1) A person shall not continue to discharge or
16 permit to be discharged into any county drain or intercounty
17 drain of the this
state any sewage or waste matter capable of
18 producing in the drain detrimental deposits, objectionable odor
19 nuisance, injury to drainage conduits or other structures, or
20 capable of producing such pollution of the waters of the state
21 receiving the flow from
the drains drain as to injure
22 livestock, destroy fish life or aquatic habitat, or be injurious
23 to public health. This section does not prohibit the conveyance
24 of sewage or other waste through drains or sewers that will not
25 produce these injuries
and that comply with section 3112 of part
26 31 (water resources
protection) of the natural resources
and
27 environmental protection
act, Act No. 451 of the Public Acts of
1 1994, being section
324.3112 of the Michigan Compiled Laws 1994
2 PA 451, MCL 324.3112.
3 (2) Disposal plants, filtration beds, and other mechanical
4 devices to properly
purify the flow of any a drain may be
5 constructed as a part of any
established the drain. , and the
6 The cost of construction of such purification facilities shall be
7 paid for in the same manner as provided for in this act for other
8 drainage costs. Plants,
beds, or devices The purification
9 facilities may be
described in the petition for the location,
10 establishment and
construction of drains or in the petition for
11 the cleaning,
widening, deepening, straightening, or extending of
12 drains, or in the
application for the laying out of a drainage
13 district to establish a drainage district and establish and
14 construct a drain or to maintain or improve a drain. Petitions
15 for the construction of plants,
beds, and devices the
16 purification facilities for use on any established drain may be
17 filed by the same persons and shall be received and all
18 proceedings on the petitions shall be held in the same manner as
19 other petitions for any drainage construction under this act.
20 (3) If the department of environmental quality determines
21 that sewage or wastes carried by any county or intercounty drain
22 constitutes unlawful discharge as prescribed by section 3109 or
23 3112 of part 31 of
Act No. 451 of the Public Acts of 1994,
24 being sections
324.3109 and 324.3112 of the Michigan Compiled
25 Laws the natural resources and environmental protection
act,
26 1994 PA 451, MCL 324.3109 and 324.3112, that 1 or more users of
27 the drain are responsible for the discharge of sewage or other
1 wastes into the drain, and that the cleaning out of the drain or
2 the construction of disposal plants, filtration beds, or other
3 mechanical devices to purify the flow of the drain is necessary,
4 the department of environmental quality may issue to the drain
5 commissioner, for a county drain, or drainage board, for an
6 intercounty drain, an order of determination identifying such
7 users and pollutants,
under section 3112 of Act No. 451 of the
8 Public Acts of 1994,
being section 324.3112 of the Michigan
9 Compiled Laws the natural resources and environmental protection
10 act, 1994 PA 451, MCL 324.3112. The order of determination
11 constitutes a petition calling
for the construction of
12 disposal purification facilities or other appropriate
measures
13 by which the unlawful discharge may be abated or purified. The
14 order of determination serving as a petition is in lieu of the
15 determination order of necessity by a drainage board
pursuant
16 to chapter 20 or 21 or
section 122 104 or 192 or a
17 determination an order of necessity by a board of
determination
18 pursuant to section 72
54 or 191, whichever is applicable. A
19 copy of the findings of the department shall be attached to the
20 order of determination.
which The order of determination shall
21 require no other the
signature than that of the director of
22 the department of environmental quality only.
23 (4) Upon receipt of the order of determination, the drain
24 commissioner or the drainage board shall proceed as provided in
25 this act to locate,
establish, establish and construct a
26 drain. If the responsible users of the drain are determined to
27 be public corporations in the drainage district, the drain
1 commissioner or the drainage board shall proceed as provided in
2 chapters 20 and 21, as may be appropriate, using the order of
3 determination as the final order of determination of the drainage
4 board. If the responsible users are determined to be private
5 persons, the drain commissioner or drainage board shall proceed
6 as provided in chapters
8 and 9 chapter 8, using the order of
7 determination as the first order of determination.
8 (5) (4) Plans
and specifications for the construction of
9 purification facilities
as part of a drain of any disposal
10 plant, filtration bed,
or other mechanical device to properly
11 purify the flow of the
drain shall be prepared by the drain
12 commissioner or the drainage board. Contracts for construction
13 shall be let in the
manner provided in this act. To meet The
14 drain commissioner or drainage board shall apportion the cost of
15 any preliminary engineering studies for the construction of
16 abatement or purification facilities , the drain commissioner
17 or the drainage board
shall apportion the cost among the several
18 parcels of land,
highways, and municipalities benefited thereby
19 in the same manner as
provided in chapter 7 or against the public
20 corporations affected
by the order of determination in the same
21 manner as provided in
chapters 20 and 21 in the same
manner as
22 provided in chapter 7, 20, or 21, as applicable. The costs and
23 charges for maintenance shall be apportioned and assessed each
24 year. If the
apportionment is the same as the last recorded
25 apportionment, a day
of review or a hearing on apportionments is
26 not necessary, but if
the apportionment is changed, notice of a
27 day of review or a
hearing on apportionments shall be given to
1 each person whose
percentage is raised.
2 (6) (5) Land
may be acquired as a site for the
3 construction of such plants,
beds, and devices, and releases of
4 land may be obtained
in the same manner as provided in this act
5 for other lands
acquired for right of way purification
6 facilities under section 7.
7 (7) (6) A
person shall not connect sewage or other waste
8 to a county or intercounty drain except with the written approval
9 of the appropriate
commissioner or the drainage board indorsed
10 endorsed upon a written application for such service and the
11 payment of a service fee of not to exceed $50.00 for each
12 connection to a covered drain. The application shall include
13 information showing that all other local, state, and federal
14 approvals related to the sewage or waste have been obtained.
15 (8) (7) The
fee provided for in subsection (6) (7) shall
16 be set and collected by the drain commissioner, as approved by
17 the county board of commissioners or the drainage board, and
18 deposited with the county treasurer, to be credited to the drain
19 fund set up for the maintenance or construction of the drain.
20 The commissioner or the drainage board shall keep a record of
21 applications made and the action on the applications. The
22 commissioner or the drainage board may reject applications for or
23 require such modification in requested applications for sewer
24 connections to county drains as necessary to attain the
25 objectives set forth in this section.
26 (9) (8)
Subject to the review and approval of the department
27 of environmental
quality, the The drain
commissioner or drainage
1 board may study the requirements
of persons need for flood
2 control or drainage pollution
control projects including for
3 the protection of the public health, safety, and welfare. Such
4 projects may include sewage disposal systems, storm sewers,
5 sanitary sewers, combined sanitary and storm sewers, sewage
6 treatment plants, and
all or other plants, works,
7 instrumentalities, and
properties useful in connection with for
8 the collection,
treatment, and or disposal of sewage and
9 industrial wastes or
agricultural wastes or run-off. , to abate
10 pollution or decrease
the danger of flooding. The objective of
11 such studies shall be
that sewers, drains, and sewage disposal
12 facilities are made
available to persons situated within the
13 territorial limits of
any drainage district or proposed drainage
14 district as necessary
for the protection of public health and the
15 promotion of the
general welfare.
16 (10) (9) The
drainage board or drain commissioner may
17 cooperate, negotiate, and
enter into contracts with other
18 governmental units and
agencies or with any public or private
19 corporation including
the United States of America, and to take
20 such steps and perform
such acts and execute such documents as
21 may be necessary to
take advantage of any act of the congress of
22 the United States
which may make available funds a
private
23 corporation, public corporation, the federal government, or an
24 agency and may do what is necessary to obtain funds available
25 under federal law for any of the purposes described in this
26 section.
27 (11) (10) Failure
to comply with any of the provisions of
1 this section subjects the offender to the penalties described in
2 section 602 616.
However, for each offense, a person who
3 violates subsection (6)
(7) is guilty of a misdemeanor
4 punishable by a fine of not more than $25,000.00 or imprisonment
5 for not more than 90 93
days, or both. In addition, the person
6 may be required to pay the costs of prosecution and the costs of
7 any emergency abatement measures taken to protect public health
8 or the environment. Payment of a fine or costs under this
9 subsection does not relieve a person of liability for damage to
10 natural resources or for response activity costs under the
11 natural resources and
environmental protection act, Act No. 451
12 of the Public Acts of
1994, being sections 324.101 to 324.90106
13 of the Michigan
Compiled Laws 1994 PA 451, MCL
324.101 to
14 324.90106.
15 (11) As used in
this section, "person" means an individual,
16 partnership, public or
private corporation, association,
17 governmental entity,
or other legal entity.
18 Sec. 425. (1)
A landowner in the One or more landowners
19 in a drainage district whose land requires additional drainage
20 may petition the drain commissioner or drainage board for
21 permission to construct an open or closed drain, or a combination
22 thereof, to a regularly established drain, and permission shall
23 be granted by the
commissioner or drainage board when if, in
24 their opinion the opinion of the commissioner or the drainage
25 board, the nature of the
ground to be crossed will admit
26 thereof is suitable for a drain and the surface of the
land can
27 be restored. and
for For that purpose the drain may traverse
1 the lands of other freeholders
landowners in the district.
2 Before permission may be granted by the drain commissioner or
3 drainage board, consent in writing by the owner or owners of the
4 lands to be traversed by the proposed drain shall be obtained.
5 The landowner or landowners granted permission to construct the
6 drain shall obtain any permits required under the natural
7 resources and environmental protection act, 1994 PA 451, MCL
8 324.101 to 324.90106, or any other state or federal law.
9 (2) If permission to construct the drain across adjoining
10 properties is refused by
the owner or owners, of the lands to be
11 traversed by the
proposed drain, the drain may be
established
12 by following the
provisions of this act governing the location,
13 establishment, and
construction of county or intercounty drainage
14 districts and drains
therein. as otherwise provided in
this act,
15 subject to all of the following:
16 (a) A petition to establish a drainage district and establish
17 and construct a drain under this section need only be signed by
18 the petitioning landowner or owners.
19 (b) The entire
expense thereof to design and construct a
20 drain under this section
shall be borne by the petitioner, and
21 the construction of an
open or closed drain or combination
22 thereof shall be done
at a time and in a manner as the
23 commissioner or
drainage board shall prescribe. When drains are
24 constructed, the drain
entrance shall be substantially protected
25 from driftwood and
debris. An application to lay out and
26 designate a drainage
district or petition to locate, establish,
27 and construct a drain
under the foregoing provisions of this
1 section shall only
require the signature of the petitioning
2 landowner or owners,
other provisions of this act
3 notwithstanding. If
permission is granted to tile the source of
4 a drain, the commissioner
shall further prescribe the amount and
5 part of the drain to
be tiled and the manner of tiling.
6 petitioners.
7 (c) The drain commissioner or drainage board shall prescribe
8 the nature and type of construction of the drain and the time at
9 which the drain shall be constructed by the petitioners.
10 (3) A person through whose land an open drain has been
11 established and constructed under this act may make a written
12 request to the county drain commissioner or drainage board to be
13 permitted, at his own
expense, to tile and cover with earth the
14 whole or a part
thereof that may traverse his land, and the no
15 expense to the district, to enclose that part of the drain that
16 traverses his or her land. The commissioner may grant the
17 request subject to receipt of a new easement, but in doing so
18 he shall prescribe the size of the tile and
type of
19 construction to be used. A deposit or bond to guarantee
20 construction may be required and administered as provided in
21 section 433. A permit
shall not be issued to tile or crock an
22 established drain that
enclose any portion of a county
or
23 intercounty drain if the enclosure will decrease the area
24 design capacity of the drain as last established.
25 Sec. 429. Subject
A county drain commissioner, subject to
26 the consent and approval
of the several boards of supervisors
27 of this state and the county board of commissioners, or the
1 drainage board of an intercounty drainage district, subject to
2 the approval of the county
boards of supervisors commissioners
3 of the counties comprising
the intercounty drainage districts,
4 the several county
drain commissioners and the drainage boards of
5 intercounty drainage
districts are hereby authorized to grant
6 unto district, may grant to the United States of
America the
7 right to use all the easements and rights-of-way conveyed to
8 their respective
drainage districts the drainage
district or to
9 any county or counties
lying wholly or in part in such
10 districts the drainage district, for the construction
and
11 maintenance of any a
county or intercounty drain by the United
12 States in connection with any flood control project undertaken by
13 the United States,
acting through its war department or any
14 other federal
department or agency including
any agency of the
15 United States. In
such cases in which If the work is to be
16 performed at the expense
of the United States, it shall not be
17 is not necessary for the drain commissioner or drainage board to
18 advertise for bids or to let contracts for the construction or
19 maintenance of any
such the flood control project.
20 Sec. 430. (1) Whenever
any If a county or intercounty
21 drain is used for the transportation of sanitary sewage, the
22 county or counties within whose boundaries the drainage district
23 lies may contract under the
provisions of Act No. 129 of the
24 Public Acts of 1943,
as amended, being sections 123.231 to
25 123.235 of the
Compiled Laws of 1948, 1943 PA
129, MCL 123.231
26 to 123.236, or any other applicable act, for the disposal of
27 sewage therefrom, including any storm water necessarily mixed
1 therewith. In such
case If such a contract is entered into,
2 the drain commissioner or the drainage board may fix and collect
3 charges to cover the cost of the treatment and disposal of
4 sanitary sewage. Such
The charges shall be approved by the
5 majority vote of the members-elect of the county board of
6 supervisors commissioners. The charges may be made to
each
7 user of the services or may be made to public corporations.
8 Contracts for periods not exceeding 50 years may be made between
9 the county and public corporations to be so served, in respect to
10 sewage disposal services, when approved by the governing bodies
11 of the several parties thereto.
12 (2) Charges for
sewage disposal services furnished to any a
13 premises shall be a lien thereon
on the premises from the date
14 such the charges are due. and any
charges Charges delinquent
15 for 6 months or more shall be certified annually to the proper
16 tax assessing officer or
agency who shall enter the same
17 charges upon the next tax roll against the premises to which
18 such the services shall have been rendered, and
the were
19 rendered. The charges shall be collected and the lien shall be
20 enforced in the same manner as provided for the collection of
21 taxes assessed upon such
the roll and the enforcement of the
22 tax lien. therefor.
The time and manner of certification and
23 the other details in
respect to the collection of such the
24 charges and the
enforcement of such the lien shall be
25 prescribed by the governing body of the public corporation in
26 which the lands are located. The payment of charges for sewage
27 disposal services to any premises may be enforced by
1 discontinuing either the water service or the sewage disposal
2 service to such the
premises, or both.
3 (3) The charges for sewage disposal services may also include
4 the cost of the operation and maintenance of any physical
5 structures and any administrative expenses in connection with the
6 transportation, treatment, and disposal of sanitary sewage.
7 Sec. 431. (1)
The drain commissioner or drainage board may
8 contract or make
agreements with the federal government,
9 including any agency
thereof, whereby the federal government will
10 pay the whole or any
part of the cost of the project or will
11 perform the whole or
any part of the work connected therewith,
12 which contract or
agreement The drain commissioner
or drainage
13 board may contract with the federal government or any other
14 person with respect to the establishment, construction,
15 operation, improvement, maintenance, use, or services of any
16 drain, or the payment of the cost for any drain. A contract or
17 agreement with the federal government may include any specific
18 terms required by act of congress or federal regulation, not in
19 conflict with state law, as a condition for participation on the
20 part of the federal
government. The drain commissioner or
21 drainage board may
contract or make agreements with any private
22 corporation or with
any public corporation, including any agency
23 thereof, in respect to
any matter connected with the
24 construction,
operation or maintenance of any flood control or
25 drainage project or
combination thereof. The contract or
26 agreement may provide that any payments made or work done by
27 the a public corporation shall relieve it in whole
or in part
1 from assessment for the
cost of the project. No construction
2 (2) Construction work shall not be undertaken by the drain
3 commissioner or drainage board until bids have been advertised
4 for and received for the
performance of such the work, but this
5 provision shall requirement does not apply to work to be
6 performed solely by the federal government or a public
7 corporation at its expense.
8 (3) The drain
commissioner or drainage board may contract or
9 make agreements with
private and public corporations and with the
10 federal government
including any agency thereof cooperate,
11 contract, or make agreements with the federal government or any
12 other person for the purpose of expanding any flood control or
13 drainage project or combination thereof to include the
14 conservation and utilization of soil and water for recreation and
15 other beneficial purposes. The contracts or agreements shall
16 provide for an equitable sharing of the costs of the expanded
17 flood control or drainage project or combination thereof and the
18 cost borne by a drainage district shall not be in excess of the
19 amount which can be attributed solely to drainage and flood
20 control. The drain
commissioner or drainage board, may acquire
21 by gift or purchase
the necessary lands, and rights of way for
22 the purposes of any
expanded flood control or drainage project or
23 combination thereof.
The drain commissioner or drainage board
24 may acquire by
condemnation proceedings similar to those provided
25 in chapter 4 and
chapter 6 of this act, the necessary lands and
26 rights of way for any
expanded flood control or drainage project
27 or combination thereof
which shall be undertaken jointly with a
1 public corporation or
the federal government. The drain
2 commissioner or drainage
board may pay for the costs of lands
3 taken by condemnation acquiring property for an expanded flood
4 control or drainage project or combination thereof, undertaken
5 jointly with a public corporation or the federal government, but
6 the public corporation or federal government shall promptly
7 reimburse the drainage district for all costs of acquisition in
8 excess of those costs directly attributable to drainage and flood
9 control.
10 The term
"public corporation" includes the state, counties,
11 cities, villages,
townships, metropolitan districts and
12 authorities created by
or pursuant to state statutes.
13 Sec. 433. (1) An
existing intracounty A county or
14 intercounty drainage
district may be enlarged and the an
15 established drain located
in the district may be extended or
16 have branches added to
provide drainage service to lands not
17 originally land within the existing boundaries of the
a
18 drainage district or to provide service to land contiguous to a
19 drainage district, by agreement between the drain commissioner or
20 the drainage board and
the owner of the lands; land, or if
21 there is a developer of the lands who is not the owner, between
22 the drain commissioner or the intercounty drainage board and the
23 owner and the developer
of the lands land. The agreement shall
24 obligate the owner and
the developer, if any, of the lands to be
25 added to the drainage
district land to construct,
in accordance
26 with plans and specifications prepared by or approved by the
27 drain commissioner or drainage board, the necessary and adequate
1 drainage facilities on
the lands to be added and in the existing
2 drainage district to
connect the lands to the existing drain in
3 the drainage district and to pay the cost of to construct
the
4 drainage facilities, including right-of-way, easements,
5 engineering, inspection, administration, and legal expenses
6 incurred by the drain
commissioner or the drainage board. , or
7 to deposit with the
drain commissioner or drainage board, upon
8 execution of the
agreement, The drain commissioner
or drainage
9 board may require a good faith deposit or bond equal to the
10 estimated cost of the construction and expenses. The amount of
11 the deposit or bond shall be refunded to the owner, or the bond
12 returned, upon final acceptance of the work by the drain
13 commissioner or drainage board.
14 (2) Before any an
agreement is approved and executed on
15 behalf of a drainage district by the drain commissioner or
16 drainage board, there shall be obtained, at the expense of the
17 owner or developer of the
lands to be added land, a certificate
18 , from a registered licensed
professional engineer and
19 satisfactory to the drain
commissioner or the drainage board.
20 , to the effect that The certificate shall certify both of the
21 following:
22 (a) That the lands to be added naturally drain into the area
23 served by the existing drain or that the existing drain is the
24 only reasonably available outlet for the drainage from the lands
25 to be added. and
that
26 (b) That there
is existing capacity in the existing drain
27 to serve the lands to
be added lands or to accommodate
1 additional drainage provided without detriment to or diminution
2 of the drainage service
provided or to be provided , in the
3 foreseeable future, to the area in the existing drainage
4 district.
5 (3) If the existing
drain in the existing drainage
6 district has been financed by the levy of drain special
7 assessments on the lands
in the drainage district and if the
8 basis of special assessment as applied to the lands to be added
9 to the drainage district would result in a drain special
10 assessment on the added
lands to be added in an aggregate
11 principal amount greater than the costs and expenses to be paid
12 or incurred by the owner
and developer, if any, of the lands for
13 the new land to construct adequate drain facilities at
the time
14 of entering into the agreement, then the owner or developer of
15 the land shall also pay the amount of the excess to the drainage
16 district at the time of execution of the agreement. In addition,
17 the developer or owner
of the added lands land shall pay a
18 pro rata equitable share of the cost of the original construction
19 of the drain, if any.
20 (4) (3)
Lands Land added to any a drainage district by
21 agreement shall be liable from and after the date of the
22 agreement for all
assessments levied after the date of the
23 agreement for operation and maintenance of the drain, including
24 the extension of the drain pursuant to the agreement, and the
25 lands land shall thereafter be a part of the
drainage district
26 for all other purposes and procedures set forth in this act. All
27 drain facilities, and
all rights-of-way, easements, or property
1 in which the facilities are located, acquired, or constructed
2 pursuant to the agreement
to add lands shall be dedicated to
3 public use or conveyed or transferred to the drainage district.
4 and the The drain facilities shall be a part of the
drain the
5 same as if originally located,
established, established and
6 constructed by
procedures set forth in under this act. as a
7 part of the original
drain.
8 (5) (4) An
existing intracounty or intercounty drain may be
9 extended or have
branches added to provide additional service to
10 lands within the
drainage district by agreement between the drain
11 commissioner or the
drainage board and the owner of the lands; or
12 if there is a
developer of the lands who is not the owner,
13 between the drain
commissioner or the drainage board and the
14 owner and the
developer of the lands, pursuant to the procedures
15 and conditions set
forth in this section. The affected public
16 Public corporations or
municipalities in which the proposed
17 lands are to be added
will affected by an agreement
provided for
18 in this section shall be apprised of the agreement by the drain
19 commissioner or drainage
board and who shall also publish
20 notice by first-class mail or personal service. Notice
of the
21 agreement shall also be published in a newspaper of general
22 circulation in the
drainage district. in question.
23 (6) (5) By
agreement with a landowner, and the developer,
24 if any, the drain
commissioner or intercounty drainage board
25 may establish an existing
private drain which that is within a
26 drainage district and that was constructed by the landowner or
27 developer to service an
area on his or her own land. as a county
1 or intercounty drain. The landowner shall provide plans and
2 easements in form acceptable to the drain commissioner or
3 drainage board.
4 (7) (6) If
a drain established pursuant to subsection
5 (5) (6) adds lands to an existing drainage
district, the
6 provisions of
subsections (2) and (3) shall subsections
(3) and
7 (4) apply.
8 (8) (7) If
a drain established pursuant to subsection
9 (5) (6) is independent from an existing drainage
district, a
10 certificate shall be
obtained , as provided in subsection (2)
11 and at the expense of the
landowner or developer of the lands
12 land served by the
proposed drain. , from a registered
13 professional engineer
satisfactory to the drain commissioner or
14 the intercounty
drainage board to the effect that the outlet for
15 the existing drain is
the only reasonably available outlet for
16 the drain and that
there is sufficient capacity in the existing
17 outlet for the
proposed drain to serve as an adequate outlet
18 without detriment to
or diminution of the drainage service which
19 the outlet presently
provides. All drain facilities,
and all
20 rights-of-way, easements, or property in which the facilities are
21 located, acquired, or constructed pursuant to the agreement to
22 establish the drain shall be dedicated to public use or conveyed
23 or transferred to the
drainage district. and the The drain
24 facilities and drainage district shall be an established drain
25 and drainage district the
same as if originally laid out and
26 designated, located,
established, established and
constructed
27 by procedures set
forth in under this act. All
plans Plans
1 and specifications, including a map and a description of the
2 drainage district, pertaining
to the private drain as may be
3 required by the drain
commissioner or intercounty drainage board
4 shall be furnished to the
drain commissioner or intercounty
5 drainage board.
6 (9) (8) The
landowner or developer who transfers a drain
7 pursuant to subsection
(5) this section shall deposit with the
8 drain commissioner or drainage board funds in the amount of 5% of
9 the cost of the drain but
not more than $2,500.00 $5,000.00.
10 The money received by the drain commissioner or intercounty
11 drainage board pursuant to this subsection shall be deposited in
12 a special the drain fund which shall be used for the
future
13 maintenance of the
transferred drain for the drain
and used as
14 provided in section 196.
15 (10) Before undertaking construction activity under this
16 section, a landowner or developer shall obtain any permits
17 required under the natural resources and environmental protection
18 act, 1994 PA 451, MCL 324.101 to 324.90106, or any other state or
19 federal law.
20
CHAPTER 20 .
21 INTRACOUNTY COUNTY
DRAINS; PUBLIC CORPORATIONS .
22 Sec. 463. (1)
Before filing a petition under this section,
23 the legislative body
of a public corporation shall first
24 determine whether the
drain project contemplated may necessitate
25 the levy of a special
assessment, fee, or charge under section
26 490. If the
legislative body determines that a special
27 assessment, fee, or
charge may be made under section 490, before
1 filing a petition
under this section, the legislative body shall
2 proceed as provided in
section 489a.
3 (1) (2) If
it is necessary for the public health to locate,
4 establish, and
construct a county drain, a petition for that
5 purpose may be filed
with the county drain commissioner signed by
6 2 or more public
corporations which will be subject to
7 assessments to pay the
cost of the drain to initiate the
8 establishment of a drainage district and the establishment and
9 construction of a county drain that is necessary for the public
10 health or the maintenance and improvement of such a drain, 1 or
11 more cities, villages, and townships that will be subject to
12 assessment to pay the cost of the drain may, after complying with
13 section 489a, if applicable, file a petition with the county
14 drain commissioner as provided in section 14. The petition shall
15 state that it is filed
pursuant to this chapter, and shall
16 describe the location
and route of the proposed drain
17 sufficiently to
determine with reasonable certainty the areas to
18 be serviced by the
drain. request the establishment
of a
19 drainage district and the establishment and construction of a
20 drain, and set forth the reasons for the request. The petition
21 may propose a location and route for the drain.
22 (3) Not more than
20 days after the petition is filed, the
23 county drain
commissioner shall notify each public corporation
24 which may be subject
to an assessment or in which is located any
25 of the areas to be
drained, as described in the petition, that a
26 petition was filed.
27 (2) (4) A
certified copy of the resolution of the governing
1 body of each signer
authorizing the affixing of the signature of
2 the governing body to
the petition shall be attached to the
3 petition. The
petition may be filed in more than 1 counterpart.
4 For a petition filed
by a county, the county board of
5 commissioners shall
authorize the execution of the petition, and
6 for a petition filed
by the state, the state transportation
7 commission shall
authorize the execution of the petition. The
8 petition may be filed in more than 1 counterpart. As provided in
9 section 423, an order of
determination of the water resources
10 commission department of environmental quality shall also
serve
11 as a petition made pursuant to this chapter.
12 (3) Not more than 28 days after the petition is filed, the
13 county drain commissioner shall notify each public corporation
14 which may be subject to an assessment or in which is located any
15 of the areas to be drained, as described in the petition, that a
16 petition was filed.
17 Sec. 464. (1) There
A drainage board is created for each
18 project petitioned for
under this chapter. , a drainage board
19 that, except Except as otherwise provided in subsection
(2), the
20 drainage board shall consist of the drain commissioner of the
21 county, the chairperson of the county board of commissioners or a
22 member of the county board of commissioners designated by that
23 chairperson, and the chairperson of the board of county
24 auditors. If there is no board of county auditors in the county,
25 then the chairperson of the finance committee of the county board
26 of commissioners shall
act as a member of the drainage board,
27 and if or a member of the county board of commissioners
1 designated by that chairperson shall be a member of the drainage
2 board. If there is neither a board of county auditors nor a
3 finance committee, then the chairperson of the county board of
4 commissioners shall select from time to time 1 member of the
5 county board of commissioners to act as a member of the drainage
6 board. If a member
of the drainage board who is a commissioner,
7 as provided in this
section or section 487, is interested in a
8 project petitioned for
under this chapter, by reason of his or
9 her holding an elected
or appointed office in a public
10 corporation to be
assessed for the cost of the project, he or she
11 is disqualified to act
as a member of the drainage board with
12 respect to the
project. In such case the vice-chairperson or
13 chairperson pro
tempore of the county board of commissioners or
14 of the finance
committee of the county board of commissioners, if
15 not also disqualified,
shall act as the member. If the
16 vice-chairperson or
chairperson pro tempore is disqualified, the
17 drain commissioner of
the county shall designate a member of the
18 county board of
commissioners who is not disqualified to act as a
19 member of the drainage
board for the project. The chairperson of
20 the county board of
commissioners and any member of a county
21 board of commissioners
serving on A member of the
drainage board
22 shall receive the compensation,
mileage, and expenses as
23 provided by the
drainage board. However, compensation paid to a
24 member shall not
exceed $25.00 per diem, exclusive of mileage and
25 expenses, for
attendance at drainage board meetings which
shall
26 be determined as provided in section 52 for members of a board of
27 determination. The county drain commissioner shall be
1 chairperson of the drainage board. The chairperson shall keep
2 minutes of the proceedings of the drainage board and all records
3 and files of the board
shall be kept in his or her office. In
4 counties of less than
500,000 population, the commissioner shall
5 be paid the same
compensation as other members of the drainage
6 board.
7 (2) In a county
organized under a charter adopted under Act
8 No. 293 of the Public
Acts of 1966, being sections 45.501 to
9 45.521 of the Michigan
Compiled Laws 1966 PA 293, MCL
45.501 to
10 45.521, that has a population of more than 2,000,000 at the time
11 the charter is adopted and whose charter prescribes an elected
12 county executive, the drainage board shall consist of the
13 following members:
14 (a) The person designated by the charter to carry out the
15 administrative duties of the drain commissioner or that person's
16 designee, who shall also serve as chairperson of the drainage
17 board.
18 (b) The county commissioner whose district will be assessed
19 for the greatest portion of the cost of the project, or that
20 county commissioner's designee. The determination of which
21 county commissioner is qualified to sit under this subdivision
22 shall initially be made by the chairperson of the drainage board
23 at the time when the petition for the project is filed.
After
24 the final order of apportionment is issued under section 469, the
25 county commissioner who qualifies under this section shall become
26 the county commissioner member and serve until another
27 apportionment is established requiring the seating of another
1 commissioner.
2 (c) A person appointed by the county executive with the
3 advice and consent of a majority of the members of the county
4 board of commissioners elected or appointed and serving.
5 (3) In a county described in subsection (2), the requirements
6 in this chapter for substantive actions and determinations shall
7 be followed in administering each project petitioned for under
8 this chapter, subject to and in accordance with any applicable
9 provisions of the county charter.
10 Sec. 465. (1) A meeting of the drainage board may be called
11 by the chairperson or 2
members of the board. , on notice sent
12 by registered mail to
each member, setting forth the time, date,
13 and place of the
meeting. The notice shall be mailed not less
14 than 5 days before
the time of the meeting. The affidavit of
15 the chairman as to
such mailing shall be conclusive proof
16 thereof. Notice of the meeting shall be given as provided
in
17 section 8.
18 (2) A majority
of the members of the board shall constitute
19 a quorum for the transaction of business, but a lesser number may
20 adjourn from time to
time. A meeting may be adjourned from time
21 to time. Unless otherwise provided in this act, an action
shall
22 not be taken by the board except by a majority vote of its
23 members. In the
event of the adjournment of a hearing, it shall
24 not be necessary to
advertise If a hearing is
adjourned, it is
25 not necessary to give notice of the adjournment of the hearing.
26 (3) All orders issued by the drainage board shall be signed
27 by the chairperson.
1 Sec. 466. Upon
receipt of a petition as hereinbefore
2 provided under this chapter, the county drain
commissioner shall
3 call the first meeting of the drainage board by giving notice of
4 the meeting as described in section 465. In the event there be
5 no board of county
auditors or However, if there is
neither a
6 board of county auditors nor a finance committee in the county,
7 then notice to the chairman
chairperson of the county board of
8 supervisors commissioners of such the
county shall be deemed
9 to be serve as notice to the member of the county
board of
10 supervisors commissioners to be selected by him the
11 chairperson under section 464.
12 Sec. 467. (1) The drainage board, at its first meeting,
13 shall consider the petition for the project under this chapter
14 and make a tentative determination as to the sufficiency of the
15 petition and the practicability
of the proposed drain project,
16 and shall further make a tentative determination of the public
17 corporations to be assessed. The drainage board shall give a
18 name to the drain and to the drainage district. The district
19 shall be composed of the public corporations to be assessed for
20 the cost of the project.
21 (2) After the
drainage board has made makes the
22 determination, it shall fix a time, date, and place it will meet
23 to hear objections to the proposed drain and the petition for the
24 drain, and to the matter of assessing the cost of the drain to
25 the designated public corporations. Notice of the hearing shall
26 be published twice in
the county by inserting the notice in at
27 least 1 newspaper
published in the county, designated by the
1 drainage board, with
the first publication to be not less than 20
2 days before the time
of the hearing. The notice shall also be
3 sent by registered
mail to the clerk or secretary of each public
4 corporation proposed
to be assessed, except that a notice to the
5 state shall be sent to
the state highway director and a notice to
6 a county shall be sent
to both the county clerk and the county
7 road commission. The
mailing shall be made not less than 20 days
8 before the time of the
hearing. The notice shall be signed by
9 the chairperson and
proof of the publication and mailing of the
10 notice shall be filed
in his or her office. The drainage board
11 may provide a form to
be substantially followed in the giving of
12 the notice. given as provided in section 8.
13 (3) After the hearing, the drainage board shall make a
14 determination as to the sufficiency of the petition, the
15 practicability of the drain,
whether the drain should be
16 constructed project, whether the project is necessary and
17 conducive to public health, and if so, the public corporations to
18 be assessed, and shall issue its order accordingly. The order
19 shall be known as the final order of determination. A public
20 corporation shall not be eliminated from, or added to, those
21 tentatively determined to be assessed without a rehearing after
22 notice as provided in subsection (2).
23 Sec. 467a. (1) After the drainage board enters the final
24 order of determination, the drainage board shall secure the
25 service of an engineer. The drainage board shall select the
26 engineer based on his or her qualifications. The engineer shall
27 prepare plans, specifications, and an estimate of costs of the
1 proposed drain. The drainage board shall secure from the
2 engineer or a surveyor a description of the lands or
3 rights-of-way needed for the proposed drain. The drainage board
4 shall secure from an engineer or other qualified professional an
5 evaluation of the effects of the proposed drain on natural
6 resources that identifies appropriate practical measures to
7 minimize adverse effects. In approving the route of the drain as
8 furnished by the engineer, the drainage board is not limited to
9 that described in the petition or in the final order of
10 determination, if the new route is more efficient and
11 serviceable.
12 (2) The drainage board shall obtain any permits required
13 under the natural resources and environmental protection act,
14 1994 PA 451, MCL 324.101 to 324.90106. All costs associated with
15 evaluating natural resource impacts and implementing the measures
16 to minimize those impacts shall be the responsibility of the
17 drainage district.
18 (3) Measures that are intended to improve or enhance natural
19 resources values may be included as part of the drainage project
20 in the discretion of the drainage board. The funding for the
21 costs of such measures may include gifts, donations, grants, and
22 contracts pursuant to section 431, special assessments or any
23 combination thereof as considered appropriate by the drain
24 commissioner.
25 Sec. 467b. If, after the receipt of the plans,
26 specifications, estimate of cost, and descriptions of the lands
27 or rights-of-way needed for the proposed drain, the drainage
1 board determines that the project is not practical, the drainage
2 board shall notify the public corporations in the district by
3 first-class mail of the intent to reject the petition. The
4 notice shall specify the reasons for the proposed rejection. The
5 notice shall also specify a time, date, and place for a public
6 hearing to hear objections to the rejection of the petition. At
7 the public hearing, the drainage board shall elicit testimony and
8 evidence with regards to the proposed rejection. Following the
9 receipt of testimony, the drainage board shall determine whether
10 or not the petition should be rejected. If the rejection is
11 determined to be practical, the drainage board shall enter an
12 order of rejection and apportion all costs incurred to the
13 district as if the project had been built and the costs shall be
14 subsequently assessed and paid as provided in this chapter. A
15 determination to reject a petition does not limit the right to
16 file another petition.
17 Sec. 468. (1)
The drainage board shall secure from a
18 competent engineer,
plans, specifications, and an estimate of
19 cost of the proposed
drain, which, when approved and adopted by
20 the board, shall be
filed with the chairman thereof. In
21 approving the plans
and specifications, the drainage board shall
22 not be limited to the
route of the drain described in the
23 petition or the final
order of determination. The drainage
board
24 shall tentatively establish the percentage of the cost of the
25 drain or of the several sections or parts thereof which is to be
26 borne by each public corporation. In making the apportionments
27 hereunder, there
shall be taken into consideration the benefits
1 to accrue to each
public corporation and also the extent to which
2 each public
corporation contributes to the conditions which make
3 the drain necessary.
Apportionments against the state shall be
4 based upon the
benefits and contributions as related solely to
5 the drainage of state
highways, and those against the county
6 shall be based as
related solely to the drainage of its county
7 highways. to cities, villages, and townships, the drainage
board
8 shall consider the benefits to accrue to each city, village, or
9 township and also the extent to which each city, village, or
10 township contributes to the conditions that make the drain
11 necessary, subject to section 500. Apportionments against this
12 state or a county shall relate solely to state trunk line
13 highways or county roads, respectively. The apportionment of
14 benefits for state trunk line highways and the portion paid by
15 county road commissions for benefit to county roads must be paid
16 pursuant to section 14a of 1951 PA 51, MCL 247.664a. Before a
17 tentative apportionment shall
be is made, the drainage board
18 shall designate the area to be served by the drain project, which
19 may or may not include
all of the area in a public corporation
20 city, village, or township to be assessed and may divide the
21 drain into sections or parts for purposes of apportionment or
22 construction. Nothing
herein contained shall prohibit the
23 county from assuming
any The county may assume an
additional
24 cost of the drain if by
the vote of 2/3 of the members elect of
25 the county board of
commissioners. vote in favor thereof.
26 (2) The
apportionment shall only apply to the proposed
27 drain construction or improvement project and separate
1 maintenance apportionments for the drain may be established. The
2 apportionments for any extensions or other work subsequently
3 performed under section 482
463 shall be reestablished by the
4 board. When chapter
25 is employed in the apportionment of
5 costs, the above
6 (3) The
proceedings shall in this chapter may be altered
7 and supplemented as provided in chapter 25.
8 Sec. 469. (1) After the tentative apportionments of cost
9 have been made, the drainage board shall set a time, date, and
10 place it will meet and hear objections to the apportionments.
11 Notice of the hearing
shall be published twice in the county by
12 inserting the notice
in at least 1 newspaper published in the
13 county, designated by
the drainage board, the first publication
14 to be not less than 20
days before the time of the hearing. The
15 notice shall also be
sent by registered mail to the clerk or
16 secretary of each
public corporation proposed to be assessed,
17 except that a notice
to the state shall be sent to the state
18 highway director and a
notice to the county shall be sent both to
19 the county clerk and
the county road commission. The mailing
20 shall be made not less
than 20 days before the time of hearing.
21 The notice shall be
signed by the chairperson and proof of the
22 publication and
mailing of the notice shall be filed in his or
23 her office. The
drainage board may provide a form to be
24 substantially followed
in the giving of the notice given
as
25 provided in section 8. The notice shall include tentative
26 apportionments to the several public corporations.
27 (2) After the hearing, the drainage board may confirm the
1 apportionments as tentatively made, or if it considers the
2 apportionments to be inequitable, it shall readjust the
3 apportionments. If the readjustment involves the increasing of
4 an assessment and an
increase shall is not be consented to by
5 resolution of the governing body of the public corporation whose
6 assessment was increased, before any readjusted apportionments
7 are confirmed the drainage board shall set a time, date, and
8 place for a rehearing and shall give notice of the hearing as
9 provided in the first
instance subsection (1). The notice
10 shall also set forth the apportionments as readjusted. After
11 confirmation, the drainage board shall issue its order setting
12 forth the several apportionments as confirmed. The order shall
13 be known as the final order of apportionment.
14 (3) After issuing the final order of apportionment, the
15 drainage board shall acquire under section 7 property necessary
16 for the drain.
17 Sec. 472. The county treasurer shall be the custodian of
18 the funds of the drainage
district. He The county treasurer
19 may designate 1 or more
of his or her deputies who may to act
20 for him the
county treasurer in the performance of any of his
21 or her duties under this section. The drainage board may require
22 the county treasurer and any deputy county treasurer so
23 designated to furnish a bond payable to the drainage district, in
24 addition to any bond payable to the county, conditioned upon the
25 faithful discharge of his
or her duties in respect to moneys
26 money belonging to the
drainage district. , the The premium
27 thereon to on the bond shall be paid by the drainage
district.
1 Moneys Money held by said the
treasurer shall be paid out
2 only upon order of the
drainage board, except that no such order
3 shall be an order is not required for the payment of
principal
4 and interest on bonds.
5 Sec. 473. (1) After the confirmation of the apportionments
6 by the drainage board, the chairperson of the board shall prepare
7 a computation of the estimated cost of the drain project or, if
8 the actual cost has been ascertained, the actual cost, including
9 the items listed in section 261 and interest on any money
10 advanced pursuant to section 479.
11 (2) After the confirmation
of the apportionments by the
12 drainage board, the
chairman preparation of the
computation of
13 costs by the chairperson of the drainage board, the chairperson
14 of the board shall
prepare a special assessment roll schedule
15 assessing the estimated cost of the drain, or if the actual cost
16 has been ascertained, then the actual cost and any interest on
17 bonds or other evidences of indebtedness, against the several
18 public corporations in accordance with the confirmed
19 apportionments. The drainage board may provide for the payment
20 of the special assessments in any number of annual installments,
21 not exceeding 30, but an installment shall not be less than 1/4
22 of any subsequent installment. The drainage board shall fix a
23 date, not later than 4 years after confirmation, for the payment
24 of the first installment so that each public corporation can make
25 a tax levy for the payment of the installment. Subsequent
26 installments shall become due annually on the same day and month
27 of subsequent years. A city or village may elect to spread the
1 tax levy upon the county tax roll instead of the city or village
2 tax roll.
3 (3) Installments of assessments against the state and against
4 public corporations which collect their taxes beginning
5 approximately December 1 in each year shall become due and
6 payable on or before April 1 of each year. Installments of
7 assessments against other public corporations shall become due
8 and payable on or before the dates fixed by the drainage board,
9 depending upon the times of the collection of taxes by the public
10 corporations. The drainage board shall fix the commencement date
11 of interest to be paid upon unpaid installments, not to exceed an
12 amount sufficient to pay interest on bonds or other evidences of
13 indebtedness issued or to
be issued by the drainage district. ,
14 which The interest shall become due annually on the
day and
15 month upon which the annual installments become due but may
16 become due in years before the due date of the first
17 installment. The drainage board may provide for the payment of
18 installments in advance of their respective due dates and may
19 prescribe the terms and
conditions thereof. The drainage board
20 shall fix the date,
not later than 4 years after confirmation on
21 which the first
installment of special assessments shall become
22 due and payable so
that each public corporation can make a tax
23 levy for the payment,
and subsequent installments shall become
24 due annually on the
same day and month of subsequent years. When
25 chapter 25 is employed
in the apportionment of costs, the above
26 proceedings shall be
altered and supplemented as provided in
27 chapter 25 for advance payments.
1 (4) The special assessment schedule shall contain all of the
2 following:
3 (a) The name of each public corporation assessed.
4 (b) The total estimated cost of the project, or the actual
5 cost if the same actual cost has been ascertained by the time of
6 the preparation of the schedule.
7 (c) The percentage apportioned to each public corporation.
8 (d) The principal amount of the assessment against each
9 public corporation based on the percentage of apportionment.
10 (e) The interest portion of the assessment sufficient to pay
11 the interest on bonds or other evidence of indebtedness based
12 upon the percentage of apportionment.
13 (f) The amount of each installment if the assessment is
14 divided into annual installments.
15 (g) The due date of each installment.
16 Sec. 474. (1)
The special assessment roll shall contain
17 the name of each
public corporation assessed, the total estimated
18 cost of the project,
or actual cost if the same has been
19 ascertained at the
time of the preparation of the roll, the
20 percentage apportioned
to each public corporation, the amount of
21 the assessment against
each public corporation based upon the
22 percentage of
apportionment, and the amount of each installment
23 if the assessment is
divided into annual installments. After
the
24 special assessment
roll has been prepared, it shall be presented
25 to the drainage board
for approval. When the roll has been
26 approved, then a
statement to that effect, signed by the chairman
27 of the drainage board,
shall be affixed to the roll chairperson
1 of the drainage board prepares the special assessment schedule,
2 the chairperson shall present the schedule to the drainage board
3 for approval. If the drainage board approves the special
4 assessment schedule, the chairperson of the drainage board shall
5 affix to the schedule a signed statement to that effect setting
6 forth the date of
approval. The chairman chairperson of the
7 drainage board shall then certify to each public corporation
8 assessed the amount
of the total assessment against it, the
9 amount of the various
installments if the assessment is divided
10 into installments, the
due date of each installment, and the rate
11 of interest upon
installments from time to time unpaid. The
12 chairman each assessment information in the assessment
13 schedule.
14 (2) Each year, at
least 30 28 days before the time of the
15 levying of taxes by each public corporation, the chairperson of
16 the drainage board shall
notify it the public corporation of
17 the amount of the installment and interest next becoming due, but
18 the failure to notify a public corporation shall not excuse it
19 from making payment of the installment and interest.
20 (3) On or before the due date of an installment, each public
21 corporation shall pay to the county treasurer the full amount
22 thereof, together with
interest accruing to the due date. If a
23 public corporation
fails or neglects to account to the county
24 treasurer for the
amount of an installment and interest, then the
25 county treasurer shall
advance the amount thereof from county
26 funds if bonds or
other evidences of indebtedness have been
27 issued to finance the
project, in anticipation of the collection
1 of the installment and
interest pursuant to this chapter and the
2 county board of
commissioners has previously acted, by a
3 resolution adopted by
a 2/3 vote of its members elect, to pledge
4 the full faith and
credit of the county for the prompt payment of
5 the principal of and
interest on the bonds or evidences of
6 indebtedness.
7 The county
treasurer shall immediately notify the public
8 corporation of the
amount advanced by the county on account of
9 the default by the
public corporation in paying the installment
10 and interest assessed
against it. The county treasurer shall
11 also notify the state
treasurer, or other appropriate disbursing
12 official, who shall
deduct the amount from moneys in his
13 possession belonging
to the public corporation which are not
14 pledged to the payment
of debts, but the state treasurer or other
15 official shall not
withhold in any 1 year a sum greater than 25%
16 of the total amount
owed by the delinquent public corporation as
17 stated in the notice
from the county treasurer. Nothing in this
18 section shall permit
the deduction of moneys in contravention of
19 the state constitution
of 1963.
20 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 tax roll an amount sufficient to
24 make the reimbursement
on or before the date when its taxes
25 become delinquent; and
the public corporation and its tax levying
26 and collecting
officials shall levy and collect those taxes and
27 reimburse the county.
The foregoing shall not prevent the county
1 from obtaining
reimbursement by any other legal method.
2 Assessments against
the state shall be certified to the state
3 highway commission and
paid from state highway funds. The tax
4 levying officials of
each of the other public corporations
5 assessed shall levy
sufficient taxes to pay assessment
6 installments and
interest as the same become due unless there has
7 been set aside moneys
sufficient therefor. A city or village may
8 elect to spread the
tax levy upon the county tax roll instead of
9 the city or village
tax roll. If a special assessment roll is
10 prepared upon the
basis of the estimated cost of the project,
11 then after the actual
cost has been ascertained and determined by
12 the drainage board,
the special assessments and the installments
13 thereof shall be
corrected by adding any deficiency or deducting
14 any excess. The
drainage board may order the corrections to be
15 made upon the original
roll or may order that a new corrected
16 roll or a supplemental
roll be prepared and submitted for
17 approval by the
drainage board. When chapter 25 is employed in
18 the apportionment of
costs, the above proceedings shall be
19 altered and supplemented
as provided in chapter 25.
20 Sec. 474a. (1) If a public corporation fails or neglects to
21 account to the county treasurer for the amount of an installment
22 and interest, then the county treasurer shall advance the amount
23 thereof from county funds if bonds or other evidences of
24 indebtedness have been issued to finance the project in
25 anticipation of the collection of the installment and interest
26 pursuant to this chapter and if the county board of commissioners
27 has previously acted, by a resolution adopted by a 2/3 vote of
1 its members elect, to pledge the full faith and credit of the
2 county for the prompt payment of the principal of and interest on
3 the bonds or evidences of indebtedness.
4 (2) The county treasurer shall immediately notify the county
5 board of commissioners and public corporation of the amount
6 advanced by the county on account of the default by the public
7 corporation in paying the installment and interest assessed
8 against it. The county may use any legal means to obtain
9 reimbursement of the amount advanced.
10 (3) The tax levying officials of each of the other public
11 corporations assessed shall levy sufficient taxes to pay
12 assessment installments and interest as the same become due
13 unless there has been set aside money sufficient therefor. A
14 city or village may elect to spread the special assessment levy
15 upon the county tax roll instead of the city or village tax
16 roll. If a special assessment schedule is prepared upon the
17 basis of the estimated cost of the project, then after the actual
18 cost has been ascertained and determined by the drainage board,
19 the special assessments and the installments thereof shall be
20 corrected by adding any deficiency or deducting any excess. The
21 drainage board may order the corrections to be made upon the
22 original special assessment schedule or may order that a new
23 corrected schedule or a supplemental schedule be prepared and
24 submitted for approval by the drainage board. The proceedings in
25 this section may be altered and supplemented as provided in
26 chapter 25.
27 Sec. 476. (1) The drainage board may issue 1 or more series
1 of bonds for and on
behalf of the drainage district, in
2 anticipation of the
collection of any or all installments of
3 assessments, or
any part thereof, and pledge the full faith and
4 credit of the drainage district for the prompt payment of the
5 principal thereof and the interest thereon. The bonds shall
6 mature serially with the last maturity not later than 2-1/2 years
7 after the due date of the last installment of the assessments.
8 and there may be The bonds may have more than 1 principal
9 maturity date during any 12-month period. The bonds shall be
10 signed by the chairman
and at least 1 other member chairperson
11 and secretary of the
drainage board and the facsimile signature
12 of the chairman shall who shall cause their facsimile signatures
13 to be affixed to the interest coupons attached thereto.
14 (2) Collections of both principal and interest on all
15 installments of
assessments in anticipation of which bonds shall
16 have been are issued shall be kept in a separate bank
account by
17 the county treasurer and,
used for no other purpose than until
18 the bonds are fully paid, shall be used solely for the payment of
19 principal and interest on
such the bonds. until the full
20 payment thereof.
21 Sec. 478. (1) The drainage board for each project shall
22 continue in existence with such changes in personnel as shall
23 result from changes in the officers constituting the board
24 membership. It shall be responsible for the operation and
25 maintenance of the drain. Any necessary expenses incurred in
26 administration and in the operation and maintenance of the drain
27 and not covered by contract shall be paid by the several public
1 corporations assessed for the cost of the drain. The assessments
2 shall be in the same proportion as the cost of the drain was
3 assessed unless the drainage board establishes a different
4 proportion for the assessments after notice and hearing as
5 provided in section 469.
6 (2) The
drainage board , by resolution duly adopted by it,
7 may relinquish
jurisdiction and control over all or any part of a
8 drain or drain project
at any time when there is no outstanding
9 indebtedness or
contract liability of its drainage district, to
10 the county, township,
city or village in which all or the part of
11 the drain or drain
project is wholly located, if the county,
12 township, city or
village requests or consents to the
13 relinquishment of
jurisdiction and control by resolution duly
14 adopted by its
governing body. Indebtedness or contract
15 liability of any
drainage district which will be paid in full at
16 the time of
consummation of relinquishment of jurisdiction and
17 control shall not be
deemed to be outstanding. If relinquishment
18 of jurisdiction and
control is to a county, the resolution of the
19 governing body of the
county shall specify the county agency,
20 such as board of
public works, drain commissioner, board of
21 county road
commissioners, or parks and recreation commission,
22 which shall be
thereafter responsible for exercise of such
23 jurisdiction and
control. Any moneys in the drain fund of any
24 drain, over all or any
part of which jurisdiction and control is
25 relinquished, shall be
used to pay any indebtedness or contract
26 liability of its drainage
district, and the balance shall be
27 turned over to the
county, township, city or village to be used
1 solely with respect to
the drain, all or part thereof, over which
2 jurisdiction and
control is assumed. If the relinquishment of
3 jurisdiction and
control and the turnover of drain fund relates
4 to a part of a drain
or drain project, such relinquishment and
5 turnover shall not
become effective until consented to by
6 resolution of the
governing body of each public corporation which
7 has paid a part of the
cost of the drain or drain project, and
8 for this purpose the
board of county road commissioners and the
9 state highway
commission shall be deemed to be the governing body
10 for the county and the
state. may relinquish
jurisdiction over
11 all or part of a drain as provided in section 395.
12 Sec. 483. Neither
the final order of determination nor the
13 final order of
apportionment shall be subject to attack in any
14 court, except by
proceedings in certiorari brought within 20 days
15 after the filing of
such order in the office of the chairman of
16 the board issuing the
same. If no such proceeding shall be
17 brought within the
time above prescribed, the drain shall be
18 deemed to have been
legally established and the legality of the
19 drain and the
assessments therefor shall not thereafter be
20 questioned in any suit
at law or in equity, either on
21 jurisdictional or
nonjurisdictional grounds. The
proceedings to
22 establish a drain and levy assessments are subject to review on
23 superintending control. A complaint seeking a writ of
24 superintending control for any error in proceedings occurring
25 before or in the final order of determination shall be filed not
26 more than 14 days after the final order is issued and for any
27 error in proceedings occurring after the final order of
1 determination, not more than 10 days after the hearing on
2 objections to apportionments. The proceedings shall be as
3 provided in section 161(2) and (3).
4 Sec. 490. (1) Subject to the requirements of section 489a,
5 if the legislative governing
body of a public corporation
6 city, village, or township, which has been assessed under this
7 chapter, determines that a part of the lands in the public
8 corporation will be especially benefited by the drain project to
9 the extent of a portion of the amount assessed under this
10 chapter, the legislative
governing body may cause that portion
11 of the assessment under this chapter to be specially assessed,
12 according to benefits, against the especially benefited lands, if
13 the special assessment method of financing is not inconsistent
14 with local financing policy for similar drains and sewers. The
15 special assessment shall be made under the statutory or charter
16 provisions governing
special assessments in the public
17 corporation city, village, or township to the extent
18 applicable. However, if there is not another drain assessment in
19 the district on this particular drain, the special assessment
20 proceedings may be
initiated by resolution of the legislative
21 governing body of the public
corporation city, village, or
22 township without petition, after compliance with section 489a,
23 and a petition or written objection in opposition to the levying
24 of special assessments shall be advisory only and shall not
25 require a petition for the project, except as otherwise provided
26 in section 489a.
27 (2) After determining by resolution to proceed, the
1 legislative governing body shall cause a special
assessment
2 roll to be prepared. After the special assessment roll is
3 prepared, the proceedings with respect to the special assessment
4 roll and the making and collection of the special assessments
5 shall be conducted pursuant to the statute or charter governing
6 special assessments in
the public corporation city, village, or
7 township. However, the total assessment may be divided into not
8 more than 30 installments, and a person assessed, at the hearing
9 upon the special
assessment roll prepared by the public
10 corporation city, village, or township, may object to the
11 special assessment
district previously established by the public
12 corporation city, village, or township. Due consideration
shall
13 be given to the objections. A hearing held under this section
14 shall not take the place of a meeting required under section
15 489a, unless notice of the hearing is prepared and mailed in the
16 manner prescribed by section 489a.
17 (3) If a special assessment is levied under this section, all
18 collections from the special assessment shall be used towards the
19 payment of the assessment
at large against the public
20 corporation city, village, or township. Each annual levy
made
21 for the payment of the assessment at large shall be reduced by
22 the amount of money then on hand from special assessment
23 collections available for this use.
24 (4) This section shall
not be construed to does not prevent
25 the assessment of public
corporations A city, village, or
26 township at large under this chapter. In place of or in addition
27 to levying special assessments, the public corporation, under the
1 same conditions and for the same purpose, may exact connection,
2 readiness to serve, availability, or service charges to be paid
3 by owners of land directly or indirectly connected with the drain
4 project, or a combination
of projects. , subject to section
5 489a.
6 Sec. 491. (1) A petition otherwise meeting the requirements
7 of this chapter as to
petitioners, execution and filing may
8 request, for reasons of public health, that jurisdiction be
9 assumed over all or a specified part of the bed, tributaries,
10 banks, and flood
plains floodplains of a river, creek, or
11 watercourse, not part of an established drain. The petition
12 shall describe the existing or threatened conditions which cause
13 or increase the danger of
flooding, pollution, desecration
14 damage, or obstruction of
such the river, creek, or
15 watercourse, and shall specify, in general terms, the works,
16 property acquisition,
actions, or procedures deemed considered
17 necessary to remove or lessen such danger.
18 (2) The petitioners named in a petition under subsection (1)
19 shall include in the petition an agreement to pay, or accompany
20 the petition with a deposit in the amount of, the estimated cost
21 of the planning and engineering required to describe all of the
22 following:
23 (a) In recordable form, the bed, tributaries, banks, and
24 floodplains of the river, creek, or watercourse over which
25 jurisdiction is necessary and is to be assumed under the
26 petition.
27 (b) The work to be done under the petition.
1 (c) The property to be acquired under the petition.
2 (3) Upon the filing of the petition with the agreement or
3 deposit to pay costs, the drain commissioner and drainage board
4 shall proceed under sections 466 and 467. The drainage board
5 shall hold a hearing to hear objections to the assumption of such
6 jurisdiction, to the petition and to the proposed work or
7 property as provided for other drain projects under this
8 chapter. Notice of the hearing shall contain the description as
9 approved and adopted by the drainage board.
10 (4) After the hearing, the drainage board shall issue its
11 final order of determination under section 467. The final order
12 of determination shall state whether or not the drainage board
13 will assume jurisdiction and perform the work proposed, if any.
14 The final order of determination shall contain the description of
15 the bed, tributaries, banks, and floodplains of the river, creek,
16 or watercourse over which jurisdiction has been assumed and shall
17 be recorded in the county records in the county in which any part
18 thereof is located. After the final order of determination is
19 recorded, no constructing, excavating, land filling, removing of
20 structures or vegetation, dumping, or discharging of sewers or
21 drains shall be permitted or continued in the bed, tributaries,
22 banks, or floodplains of the river, creek, or watercourse within
23 the recorded description thereof, except upon written order or
24 permit issued by the drainage board.
25 (5) The recording of the description does not appropriate,
26 terminate, or lessen any private rights in property, real or
27 personal, except property acquired under section 7. The
1 recording of the description constitutes a regulation and
2 limitation, for reasons of public health, of the use of the
3 public and private property therein described to remove or lessen
4 the danger of flooding, pollution, damage, or obstruction of the
5 river, creek, or watercourse, or part thereof, involved.
6 (6) Before any work, other than preparation of the
7 description and the approval, adoption, and recording of the
8 description, is done or rights in property are acquired by the
9 drainage board, pursuant to a petition under subsection (1), the
10 drainage board shall make a determination, following notice and a
11 hearing as provided in this chapter, as to the public
12 corporations to be assessed for the cost of the work or
13 acquisition. The hearing may be the same hearing provided for in
14 subsection (3).
15 (7) After the hearing and the determination to proceed with
16 the work, the drainage board shall proceed in the same manner and
17 have the same powers and duties as are provided for other drain
18 projects in this chapter.
19 Sec. 499. (1) After the construction of a county drain for
20 which none of the financing is obtained through special
21 assessments under section 490, the drainage board shall provide
22 for an amount from surplus construction funds sufficient to
23 inspect, repair, and maintain the drain as provided in section
24 196 199. After providing for inspection, repair,
and
25 maintenance, the drainage board may apportion the balance of the
26 surplus construction funds to separate accounts to the credit of
27 the public corporations against which the cost of the drain is
1 assessed. The funds shall be credited in direct proportion to
2 amounts assessed and collected from the public corporations.
3 (2) Funds in an account apportioned to the credit of a public
4 corporation under this section shall be used only for the
5 following:
6 (a) To pay principal and interest on bonds issued to finance
7 the drain for which the assessment is imposed.
8 (b) If bonds are not sold, to pay assessments due from the
9 public corporation.
10 (c) At the request of the public corporation, to alleviate
11 drainage problems in that public corporation.
12 (3) A drainage board shall apply section 283 to surplus
13 construction funds instead of this section when state trunk line
14 funds are used.
15 Sec. 500. Assessments against a township shall be against
16 the township as a whole, including any village unless the
17 drainage board or the drain commissioner determines to assess a
18 village separately. In that case, all of the following apply:
19 (a) The assessment against the village shall be the
20 responsibility of the village.
21 (b) The assessment against the township shall exclude the
22 village.
23 (c) A tax or special assessment levied by the township to pay
24 the assessment against the township shall not be levied against
25 property assessable in the village.
26 CHAPTER
21 .
27 INTERCOUNTY
DRAINS ; AND PUBLIC CORPORATIONS .
1 Sec. 513. (1)
Before filing a petition under this section,
2 the legislative body
of a public corporation shall first
3 determine whether the
drain project contemplated may necessitate
4 the levy of a special
assessment, fee, or charge under section
5 539. If the
legislative body determines that a special
6 assessment, fee, or
charge may be made under section 539, before
7 filing a petition
under this section, the legislative body shall
8 proceed as prescribed
in section 538a.
9 (1) (2) If
it is necessary for the public health to locate,
10 establish, and
construct an intercounty drain, a petition for
11 that purpose may be
filed with the director of the department of
12 agriculture signed by
2 or more public corporations which will be
13 subject to assessments
to pay the cost of the drain. To
initiate
14 the establishment of a drainage district and establishment and
15 the construction of a county drain that is necessary for the
16 public health or the maintenance and improvement of such a drain,
17 1 or more cities, villages, or townships that will be subject to
18 assessment to pay the cost of the drain may file a petition with
19 the director of agriculture as provided in section 14, and the
20 drain commissioner of the counties where the cities, villages, or
21 townships are located. The petition shall state that it is filed
22 pursuant to this chapter,
and shall describe the location and
23 route of the proposed
drain sufficiently to determine with
24 reasonable certainty
the areas to be serviced by the drain.
25 request the establishment of a drainage district and the
26 establishment and construction of a drain, and set forth the
27 reasons for the request. The petition may propose a location and
1 route for the drain.
2 (3) Not more than
20 days after the petition is filed, the
3 director of the
department of agriculture shall notify all public
4 corporations in which
any of the areas to be drained are located,
5 as described in the
petition, that a petition has been filed
6 which may affect
drainage in the public corporation.
7 (2) (4) A
certified copy of the resolution of the governing
8 body of each signer
authorizing the affixing of the signature of
9 the governing body to
the petition shall be attached to the
10 petition. The
petition may be filed in more than 1 counterpart.
11 For a petition filed
by a county, the county board of
12 commissioners shall
authorize the execution, and for a petition
13 filed by the state,
the state transportation commission shall
14 authorize the
execution of the petition. The
petition may be
15 filed in more than 1 counterpart. As provided in section 423, an
16 order of determination of
the water resources commission
17 department of environmental quality shall also serve as a
18 petition made pursuant to this chapter.
19 (3) Not more than 28 days after the petition is filed, the
20 director of agriculture shall notify each public corporation
21 which may be subject to an assessment or in which is located any
22 of the areas to be drained, as described in the petition, that a
23 petition was filed.
24 Sec. 515. There is created for each project petitioned for
25 under the provisions
of this chapter, an augmented drainage
26 board to consist of the members of the drainage board together
27 with the chairman chairperson
of the county board of
1 supervisors commissioners or a member of the county board of
2 commissioners designated by that chairperson and the chairman
3 chairperson of the board of county auditors of each county
4 involved. If there is no
board of county auditors in any a
5 county, then the chairman
chairperson of the finance committee
6 of the county
board of supervisors shall act as a member of the
7 augmented drainage
board, and if commissioners or a
member of
8 the county board of commissioners designated by that chairperson
9 shall be a member of the augmented drainage board if there is
10 neither a board of county auditors nor a finance committee, then
11 the chairman chairperson
of the county board of supervisors
12 commissioners shall select 1 member of the county board of
13 supervisors commissioners of his or her county to
act as a
14 member of the augmented
drainage board. The chairman the
15 chairperson and secretary of the drainage board shall act as
16 chairman chairperson and secretary, respectively, of
the
17 augmented drainage
board. The chairman chairperson of the
18 county board of supervisors
commissioners and any member of a
19 the county board of supervisors
commissioners, serving on the
20 augmented drainage board,
shall receive such compensation,
21 mileage, and
expenses, as shall be provided by the augmented
22 drainage board except
that such compensation shall not exceed
23 $25.00 per diem
exclusive of mileage and expenses for attendance
24 at augmented drainage
board meetings which shall be
determined
25 as provided in section 52 for members of a board of
26 determination.
27 Sec. 517. Upon
receipt of a petition as hereinbefore
1 provided under this chapter, the director of
agriculture shall
2 make a preliminary finding of the counties which, in his or her
3 opinion, include public corporations that should be assessed
4 under the provisions
of this chapter for the cost of the
5 proposed drain. Upon
the making of such preliminary finding,
6 the The director of agriculture shall then
give notice of the
7 time and place of the first meeting of the drainage board and of
8 the first meeting of the augmented drainage board, by sending a
9 copy of such the
notice and of such the preliminary finding
10 by registered first-class
mail to each member thereof, and to
11 each highway agency roadway
authority having jurisdiction over
12 any highway, road and
street in said roadway in the district.
13 , which The notice and finding shall be mailed not
less than
14 10 14 days prior to before the time
date of the meeting.
15 In the event If there be is no board of
county auditors or
16 finance committee in any
the county, involved, then notice to
17 the chairman chairperson
of the county board of supervisors
18 commissioners of such
the county shall be deemed to be serve
19 as notice to the member
of the county board of supervisors
20 commissioners to be
selected by him the chairperson under
21 section 515. The
drainage board shall meet first , for the
22 purpose of selecting to select a secretary. Upon the selection
23 of a secretary, the director of agriculture shall turn over to
24 such the secretary the original petition and any
other records
25 in his or her office pertaining to the proposed drain.
26 Sec. 518. (1) Meetings of the drainage board, or of the
27 augmented drainage board, may be called by the chairperson or 2
1 members of the board.
, on notice sent by registered mail to
2 each member. The
notice shall be mailed not less than 10 days
3 before the time of the
meeting. Notice of the meeting
shall be
4 given as provided in section 8.
5 (2) A majority
of the members of the board shall constitute
6 a quorum for the transaction of business, but a lesser number may
7 adjourn from time to time. A meeting may be adjourned from time
8 to time. Unless otherwise provided herein, an action shall not
9 be taken by either of the boards except by a majority vote of a
10 quorum of its members.
11 (3) All orders issued by either the drainage board, or the
12 augmented drainage board, shall be signed by the chairperson and
13 secretary.
14 Sec. 519. (1) The augmented drainage board, at its first
15 meeting, shall consider the petition for the project under this
16 chapter and make a tentative determination as to the sufficiency
17 of the petition and the
practicability of the proposed drain
18 project, and further make a tentative determination of the public
19 corporations to be assessed. The augmented drainage board shall
20 give a name to the drain and to the drainage district. The
21 district shall be
composed of the public corporations cities,
22 villages, and townships to be assessed for the cost of the
23 project.
24 (2) If the augmented drainage board, by resolution,
25 tentatively determines that there should be assessed a public
26 corporation in a county other
than those contained not in the
27 tentative findings of the
director of the department of
1 agriculture, further proceedings shall not be taken by the
2 augmented drainage board, but the resolution shall have the
3 effect of amending the preliminary finding of the director of
4 the department of agriculture. The director of the department
5 of agriculture shall proceed, as in the first instance,
to call
6 a new meeting of the drainage board and the augmented drainage
7 board as enlarged by reason of the inclusion of the additional
8 public corporations in another county.
9 (3) After the augmented drainage board has made the
10 determination
specified in this section tentative
determination
11 of the sufficiency of the petition and the practicability of the
12 proposed drain, it shall fix a time, date, and place it will meet
13 to hear objections to the proposed drain and the petition for the
14 drain, and to the matter of assessing the cost of the drain to
15 the designated public corporations. Notice of the hearing shall
16 be published twice in
each county involved by inserting the
17 notice in at least 1
newspaper published in the county,
18 designated by the
augmented drainage board. The first
19 publication shall be
made not less than 20 days before the time
20 of hearing. The
notice shall also be sent by registered mail to
21 the clerk or secretary
of each public corporation proposed to be
22 assessed, except that
a notice to the state shall be sent to the
23 state highway director
and a notice to a county shall be sent to
24 both the county clerk
and the county road commission. The
25 mailing shall be made
not less than 20 days before the time of
26 hearing. The notice
shall be signed by the secretary and proof
27 of the publication and
mailing of the notice shall be filed with
1 the secretary. The
augmented drainage board may provide a form
2 to be substantially
followed in the giving of such notice given
3 as provided in section 8.
4 (4) After the hearing, the augmented drainage board shall
5 make a determination as to the sufficiency of the petition, the
6 practicability of the drain,
whether the drain should be
7 constructed project, whether the project is necessary and
8 conducive to public health, and, if so, the public corporations
9 to be assessed, and shall issue its order accordingly. The order
10 shall be known as the final order of determination. A public
11 corporation shall not be eliminated from, or added to, those
12 tentatively determined to be assessed without a rehearing after
13 notice given as provided in section 8.
14 (5) After the
augmented drainage board has made makes the
15 determinations, further action in respect to the drain shall be
16 taken by the drainage board. The augmented drainage board may be
17 reconvened by its chairperson or 2 members of the board, upon
18 notice given for the purpose of making a correction or addition
19 to its proceedings.
20 Sec. 519a. (1) After the drainage board enters the final
21 order of determination, the drainage board shall proceed in the
22 same manner as provided in section 467a.
23 (2) If, after the receipt of the plans, specifications,
24 estimate of cost, and descriptions of the lands or rights-of-way
25 needed for the proposed drain, the drainage board determines that
26 the project is not practical, the drainage board shall notify the
27 public corporations in the district by first-class mail of the
1 intent to reject the petition. The notice shall specify the
2 reasons for the proposed rejection. The notice shall also
3 specify a time, date, and place for a public hearing to hear
4 objections to the rejection of the petition. At the public
5 hearing, the drainage board shall elicit testimony and evidence
6 with regards to the proposed rejection. Following the receipt of
7 testimony, the drainage board shall determine whether or not the
8 petition should be rejected. If the rejection is determined to
9 be practical, the drainage board shall enter an order of
10 rejection and apportion all costs incurred to the district as if
11 the project had been built and the costs shall be subsequently
12 assessed and paid as provided in this chapter. A determination
13 to reject a petition does not limit the right to file another
14 petition.
15 Sec. 520. (1)
The drainage board shall proceed to secure
16 from a competent
engineer, plans, specifications, and an estimate
17 of cost of the
proposed drain, which when approved and adopted by
18 the board shall be
filed with the secretary thereof. In
19 approving the plans
and specifications, the drainage board shall
20 not be limited to the
route of the drain described in the
21 petition or the final
order of determination. The For
each
22 county affected, the drainage board shall tentatively establish
23 the percentage of the cost of the drain or of the several
24 sections or parts thereof which is to be borne by public
25 corporations. in
each county affected and by the state on
26 account of any state
highway, and by the county on account of any
27 county highway. The percentage of the cost apportioned to public
1 corporations in for
each county shall then be apportioned by
2 the drain commissioner among public corporations to be assessed
3 in the county, which determination shall be filed with the
4 secretary of the drainage board. In making the apportionments
5 hereunder, there
shall be taken into consideration the benefits
6 to accrue to each
public corporation and also the extent to which
7 each public
corporation contributes to the conditions which make
8 the drain necessary.
Apportionments against the state shall be
9 based upon the
benefits and contributions as related solely to
10 the drainage of state
highways, and those against the county
11 shall be based as
related solely to the drainage of its county
12 highways. to cities, villages, and townships, the drainage
board
13 shall consider the benefits to accrue to each city, village, or
14 township and also the extent to which each city, village, or
15 township contributes to the conditions that make the drain
16 necessary, subject to section 500. Apportionments against this
17 state or a county shall relate solely to state trunk line
18 highways or county roads, respectively. The apportionment of
19 benefits for state trunk line highways and the portion paid by
20 county road commissions for benefit to county roads must be paid
21 pursuant to section 14a of 1951 PA 51, MCL 247.664a. Before a
22 tentative apportionment shall
be is made, the drainage board
23 shall designate the area to be served by the drain project, which
24 may or may not include
all of the area in a public corporation
25 city, village, or township to be assessed, and may divide the
26 drain into sections or parts for purposes of apportionment or
27 construction. Nothing
herein contained shall prohibit a The
1 county from assuming
any may assume an additional cost of the
2 drain if by
the vote of 2/3 of the members elect of the county
3 board of commissioners.
vote in favor thereof.
4 (2) The apportionment shall apply only to the proposed drain
5 project, and separate concurrent maintenance apportionments for
6 the drain may be established. The apportionments for extensions
7 or other work subsequently performed under section 535 shall be
8 reestablished by the
board. When chapter 25 is employed in the
9 apportionment of
costs, the above
10 (3) The
proceedings shall in this section may be altered
11 and supplemented as provided in chapter 25.
12 Sec. 521. After
the tentative apportionments of cost have
13 been made, the
drainage board shall set a time, date, and place
14 it will meet and hear
objections to the apportionments. Notice
15 of the hearing shall
be published twice in each county involved
16 by inserting the
notice in at least 1 newspaper published in the
17 county, designated by
the drainage board. The first publication
18 is to be not less than
20 days before the time of hearing. The
19 notice shall also be
sent by registered mail to the clerk or
20 secretary of each public
corporation proposed to be assessed,
21 except that a notice
to the state shall be sent to the state
22 highway director and a
notice to a county shall be sent both to
23 the county clerk and
the county road commission. The mailing
24 shall be made not less
than 20 days before the time of hearing.
25 The notice shall be
signed by the secretary and proof of the
26 publication and
mailing of the notice shall be filed with the
27 secretary. The
drainage board may provide a form to be
1 substantially followed
in the giving of the notice. The notice
2 shall include
tentative apportionments to the several public
3 corporations. After
the hearing, the drainage board may confirm
4 the apportionments as
tentatively made, or, if it considers the
5 apportionments to be
inequitable, it shall readjust the
6 apportionments.
Before readjusted apportionments are confirmed,
7 the drainage board
shall set a time, date, and place for a
8 rehearing and shall
give notice of the hearing. The notice shall
9 also set forth the
apportionments as readjusted. It shall then
10 issue its order
setting forth the several apportionments as
11 confirmed. The order
shall be known as the final order of
12 apportionment The intercounty drainage board or a public
13 corporation has the same powers and duties with respect to an
14 intercounty drain under this chapter as the county drainage board
15 or a public corporation, respectively, under section 469.
16 Sec. 524. The drainage board shall designate the treasurer
17 of 1 of the counties
involved as the treasurer for said board.
18 He the drainage district. The treasurer may
designate 1 or more
19 of his or her
deputies who may to act for him the treasurer
20 in the performance of any of his or her duties under this
21 section. Such The
treasurer and any such deputy shall serve
22 without additional
compensation. He The treasurer and each
23 deputy county treasurer so designated shall furnish a bond in
24 such sum as shall be
fixed the amount specified by
the drainage
25 board, conditioned upon the faithful discharge of his or her
26 duties. , the
premium thereon to The premium on the bond shall
27 be paid by the drainage
board. Moneys Money held by the
1 treasurer shall be paid out only upon order of the drainage
2 board, except that no
such order shall be an order is not
3 required for the payment of principal and interest on bonds.
4 Sec. 525. (1)
After the confirmation of the apportionments
5 by the drainage board,
the secretary of the board shall prepare a
6 special assessment
roll assessing the estimated cost of the
7 drain, or if the
actual cost has been ascertained, then the
8 actual cost, against
the several public corporations in
9 accordance with the confirmed
apportionments. The drainage board
10 may provide for the
payment of the special assessments in any
11 number of annual
installments, not exceeding 30, but an
12 installment shall not
be less than 1/4 of any subsequent
13 installment.
Installments of assessments against the state and
14 against public
corporations which collect their taxes beginning
15 approximately December
1 in each year shall become due and
16 payable on or before
April 1 of each year. Installments of
17 assessments against
other public corporations shall become due
18 and payable on or
before the dates as shall be fixed by the
19 drainage board,
depending upon the times of the collection of
20 taxes by the public
corporations. The drainage board shall fix
21 the commencement date
of interest to be paid upon unpaid
22 installments, not to
exceed an amount sufficient to pay interest
23 on bonds or other
evidences of indebtedness issued or to be
24 issued by the drainage
district, which interest shall become due
25 annually on the day
and month upon which the annual installments
26 become due but may
become due in years before the due date of the
27 first installment.
The drainage board may provide for the
1 payment of
installments in advance of their respective due dates
2 and may prescribe the
terms and conditions of payment. The
3 drainage board shall
fix the date, not later than 4 years after
4 confirmation for the
payment of the first installment so that
5 each public
corporation can make a tax levy for the payment
6 thereof and subsequent
installments shall become due annually on
7 the same day and month
of subsequent years. A city or village
8 may elect to spread
the tax levy upon the county tax roll instead
9 of the city or village
tax roll. When chapter 25 is employed in
10 the apportionment of
costs, the above proceedings shall be
11 altered and
supplemented as provided in chapter 25. The
drainage
12 board and the chairperson of the drainage board shall proceed in
13 the manner provided in section 473.
14 (2) After the chairperson of the drainage board prepares the
15 special assessment schedule, the chairperson shall present the
16 schedule to the drainage board for approval. If the drainage
17 board approves the special assessment schedule, the chairperson
18 of the drainage board shall affix to the schedule a statement to
19 that effect signed by the chairperson and secretary of the
20 drainage board. The chairperson of the drainage board shall then
21 certify to each public corporation assessed the assessment
22 information in the assessment schedule.
23 (3) Each year, at least 28 days before the time of the
24 levying of taxes by each public corporation, the secretary of the
25 drainage board shall notify the public corporation of the amount
26 of the installment and interest next becoming due, but the
27 failure to notify a public corporation shall not excuse it from
1 making payment of the installment and interest.
2 (4) On or before the due date of an installment, each public
3 corporation shall pay to its county treasurer the full amount
4 thereof, together with interest accruing to the due date. Not
5 more than 14 days after a public corporation pays a special
6 assessment installment to its county treasurer, the county
7 treasurer shall forward to the drainage board the amount paid.
8 (5) The intercounty drainage board, an officer of an
9 intercounty drainage board, a public corporation, or any other
10 person shall proceed in the same manner with respect to an
11 intercounty drain under this chapter as provided under sections
12 473, 474a to 479, 483 to 485, 490, 491, and 500 except as
13 follows:
14 (a) The period under section 483 to file a complaint for
15 superintending control for an error in proceedings occurring
16 before or in the final order of determination shall begin when
17 the final order is filed in the office of the secretary of the
18 intercounty drainage board.
19 (b) A petition under section 491 for assumption of
20 jurisdiction by an intercounty drainage board shall otherwise
21 meet the requirements of this chapter.
22 Sec. 532. Any An
action arising from the provisions of
23 this chapter except
such actions as may be brought directly in
24 the supreme court may be brought in the circuit court of any a
25 county in which any a
part of the intercounty drain involved
26 is located: Provided,
That on request by any party to said
27 action made prior to
the time said action is instituted, or
1 within 30 days after
receipt of service of process, the presiding
2 circuit judge of
Michigan shall appoint a circuit judge to hear
3 said action drainage district is located, subject to the
4 Michigan rules of court.
5 Sec. 540. When If
2 or more public corporations,
6 constituting as a whole contiguous territory, are served by 1 or
7 more intercounty drains or by a combination of 1 or more
8 intercounty drains and 1 or more county drains, and it is
9 necessary for the public health to supplement such existing drain
10 or drains by constructing 1 or more relief drains, which may
11 consist of new drains and branches and connections thereto or
12 extensions,
enlargements, branches, connections or improvements
13 described in section
535 to improvements to or
consolidations of
14 existing drains, or any combination thereof, then the entire
15 project may be constructed and financed as a whole under the
16 provisions of this
chapter and the word "drain" shall be deemed
17 to include includes such a project.
18 Sec. 541. (1) A petition otherwise meeting the requirements
19 of this chapter as to
petitioners, execution and filing may
20 request, for reasons of public health, that jurisdiction be
21 assumed over all or a specified part of the bed, tributaries,
22 banks, and flood
plains floodplains of a river, creek, or
23 watercourse, not part of an established drain. The petition
24 shall describe the existing or threatened conditions which cause
25 or increase the danger of
flooding, pollution, desecration
26 damage, or obstruction of such river, creek, or watercourse, and
27 shall specify, in general terms, the works, property acquisition,
1 actions, or
procedures, deemed considered necessary to remove
2 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
10 jurisdiction is necessary and is to be assumed under the
11 petition.
12 (b) The work to be done under the petition.
13 (c) The property to be acquired under the petition.
14 (3) Upon the filing of the petition with the agreement or
15 deposit to pay costs, the drainage board shall proceed as
16 described in sections 517 and 519. The description shall be
17 obtained and approved and adopted by the drainage board. The
18 drainage board shall hold a hearing to hear objections to the
19 assumption of such jurisdiction, to the petition therefor and to
20 the proposed work or property acquisition shall be held as
21 provided for other drain projects pursuant to this chapter.
22 Notice of the hearing shall contain the description as approved
23 and adopted by the drainage board.
24 (4) After the hearing, the drainage board shall determine
25 whether or not it will assume such jurisdiction and perform the
26 work proposed, if any, and shall issue its order accordingly.
27 The order shall be known as the "final order of determination".
1 The final order of determination shall contain the description of
2 the bed, tributaries, banks, and floodplains of the river, creek,
3 or watercourse over which jurisdiction has been assumed and shall
4 be recorded in the county records in the county in which any part
5 thereof is located. After the final order of determination is
6 recorded, no constructing, excavating, land filling, removing of
7 structures or vegetation, dumping, or discharging of sewers or
8 drains shall be permitted or continued in the bed, tributaries,
9 banks, or floodplains of the river, creek, or watercourse within
10 the recorded description thereof, except upon written order or
11 permit issued by the drainage board.
12 (5) The recording of the description does not appropriate,
13 terminate, or lessen any private rights in property, real or
14 personal, except property acquired under section 7. The
15 recording of the description constitutes a regulation and
16 limitation, for reasons of public health, of the use of the
17 public and private property therein described to remove or lessen
18 the danger of flooding, pollution, damage, or obstruction of the
19 river, creek, or watercourse, or part thereof, involved.
20 (6) Before any work, other than preparation of the
21 description and the approval, adoption, and recording of the
22 description, is done or rights in property are acquired by the
23 drainage board, pursuant to a petition filed under
24 subsection (1), the drainage board shall make a determination,
25 following notice and a hearing as provided in this chapter, as to
26 the public corporations to be assessed for the cost of the work
27 or acquisition. The hearing may be the hearing provided for in
1 subsection (2). After the hearing and the determination to
2 proceed with the work, the drainage board shall proceed in the
3 same manner and have the same powers and duties as are provided
4 for other drain projects in this chapter.
5
CHAPTER 23 .
6 PENALTIES.
SANCTIONS
7 Sec. 601. If any
a drain commissioner is interested
8 directly or indirectly in
the profits of any a contract, job,
9 work, or services, other than official services, to be performed
10 for the drainage
district, he is deemed to be or she is guilty
11 of a misdemeanor. ,
and the office of such commissioner shall be
12 deemed vacant and the
commissioner so convicted shall be
13 incapable of again
holding the office of county Upon
conviction
14 of an individual under this section, his or her office as drain
15 commissioner is vacated, and he or she is ineligible to again
16 hold the office of drain commissioner.
17 Sec. 602. If any
person shall wilfully A person who
18 willfully or maliciously remove
any removes a section or grade
19 stake set along the line
of any drain, or obstruct or injure any
20 drain, he shall be
deemed guilty of a misdemeanor, and upon
21 conviction thereof
shall be punished by a fine not exceeding
22 $100.00 and the costs
of prosecution, or in default of the
23 payment thereof, by
imprisonment in the county jail not exceeding
24 90 days. a drain, or obstructs or damages a drain, is
guilty of
25 a misdemeanor punishable by a fine of not more than $100.00 and
26 the costs of prosecution, or in default of the payment of the
27 fine, by imprisonment for not more than 93 days.
1 Sec. 603. (1) A person is guilty of a misdemeanor if the
2 person willfully prohibits, prevents, or obstructs the drain
3 commissioner or drainage board or their agents, employees, or
4 contractors from doing either of the following:
5 (a) Going upon land for the purpose of examining the land or
6 making surveys in connection with the work of the drain
7 commissioner or drainage board.
8 (b) Going upon a right-of-way of the district with their
9 employees, tools, machinery, instruments, and other equipment for
10 the purpose of constructing, reconstructing, repairing, or
11 maintaining the work of the drain commissioner or drainage
12 board.
13 (2) Subsection (1) does not apply unless the drain
14 commissioner has given notice by first-class mail to the owner of
15 the land whose name appears on the last city or township tax roll
16 that the drain commissioner or drainage board or their agents,
17 employees, or contractors will go upon the land or upon the
18 right-of-way to which the land is subject.
19 (3) Subsection (2) does not apply if the address of the owner
20 of the land does not appear on the tax roll.
21
CHAPTER 24 .
22 REPEALS
AND SAVING CLAUSES .
23 Sec. 622. In
cases where the law shall have been If this
24 act is amended during the progress of any drain proceedings,
25 such the proceedings shall not be invalidated by any
such the
26 amendment, but may be
continued to completion. , and each step
27 Each step in the proceedings shall be governed by the law in
1 force at the time
such step was taken. Any drain proceedings
2 pending when this act
takes effect shall be completed in the
3 manner prescribed in
this act. when the step is
taken. However,
4 if a petition under this act was filed before the effective date
5 of the 2003 amendatory act that amended this section, steps taken
6 on or after the effective date of the 2003 amendatory act that
7 amended this section in proceedings under that petition shall be
8 governed by the law in effect on the day before the effective
9 date of the 2003 amendatory act that amended this section.
10 CHAPTER 25
11 ALTERNATE PROCEDURES
12 Sec. 626. When If
2 or more public corporations other
13 than the state or a county or counties are to be assessed, the
14 drainage board, or if appropriate in chapter 21 proceedings, the
15 drain commissioner, may determine that costs to be assessed to
16 the public corporations, in excess of those apportioned for
17 drainage to state or
county highways roadways, shall not be
18 apportioned by the establishment of a fixed percentage of costs
19 to be borne by each public corporation, but that the costs shall
20 be assessed at large to all of the public corporations in the
21 aggregate and apportioned annually between the public
22 corporations on the basis of the relative valuations, as
23 equalized, of each within
the area served by the drain. , if
24 the The drainage board or drain commissioner shall
determine
25 that base the determination on whether this method
of
26 apportionment will more fairly result in the costs of the drain
27 being apportioned in accordance with the benefits to be derived
1 therefrom. Notice of
tentative apportionment in the foregoing
2 manner provided in this section shall include a calculation of
3 the apportionment of costs between public corporations assessed
4 in the aggregate based on the latest available valuations.
5 Sec. 627. When
employing this chapter, the chairman
6 chairperson of the drainage board in chapter 20 proceedings or
7 the secretary of the drainage board in chapter 21 proceedings
8 shall prepare a special
assessment roll. which The special
9 assessment roll shall contain the name of each public corporation
10 assessed, the total estimated or actual cost of the project, the
11 fixed percentage of the cost, if any, apportioned to public
12 corporations, and
to the state or counties roadway authorities
13 for drainage of highways
roadways, the aggregate amount
14 assessed at large against all other public corporations, and if
15 the assessment is divided into annual installments, the amount of
16 each installment, listed separately for the state and counties
17 and for public corporations assessed a fixed percentage if
18 applicable, and in the aggregate for all other public
19 corporations. After approval of the roll by the drainage board,
20 the chairman chairperson
shall then send a certified copy of
21 the roll to each public corporation assessed.
22 Enacting section 1. Sections 4, 5, 11, 21a, and 22,
23 chapter 4, chapter 6, sections 193, 194, 195, 196, 197, 198, 246,
24 248, 268, 271, 272, 281, 321, and 325, chapters 14, 15, and 16,
25 sections 424, 426, 427, 428, 432, and 434, chapter 19, and
26 sections 461, 470, 471, 480, 482, 485, 492 to 498, 511, 522, 523,
27 526 to 531, 533 to 539, 542 to 549, and 621 of the drain code of
1 1956, 1956 PA 40, MCL 280.4, 280.5, 280.11, 280.21a, 280.22,
2 280.71 to 280.88, 280.121 to 280.135, 280.193, 280.194, 280.195,
3 280.196, 280.197, 280.198, 280.246, 280.248, 280.268, 280.271,
4 280.272, 280.281, 280.321, 280.325, 280.341 to 280.384, 280.424,
5 280.426, 280.427, 280.428, 280.432, 280.434, 280.441 to 280.448,
6 280.461, 280.470, 280.471, 280.480, 280.482, 280.485, 280.492 to
7 280.498, 280.511, 280.522, 280.523, 280.526 to 280.531, 280.533
8 to 280.539, 280.542 to 280.549, and 280.621, are repealed.