February 26, 2003, Introduced by Senators VAN WOERKOM, JELINEK and GOSCHKA and referred to the Committee on Agriculture, Forestry and Tourism.
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, 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, 280.626, 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, 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, 585, 586, 587, 588,
589, 590, 591, 592, 593, 594, 595, 596, 597, 598, 599, 600, 603,
604, 605, 606, 607, 615, 616, and 617; and to repeal acts and
parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1
CHAPTER 1 .
2 DRAINS.
GENERAL PROVISIONS
3 Sec. 1. This act
shall be known and may be cited as " the
4 "drain code".
of 1956".
5 Sec. 2. Drains
including branches may be located,
6 established,
constructed and maintained, and existing drains,
7 creeks, rivers and
watercourses and their branches, or
8 tributaries whether
located, established and constructed by a
9 county drain
commissioner or drainage board or by a city, village
10 or township, may be
cleaned out, straightened, widened, deepened,
11 extended,
consolidated, relocated, tiled, connected and relocated
12 along a highway, or
there may be provided for the same structures
13 or mechanical devices
that will properly purify or improve the
14 flow of the drain or
pumping equipment necessary to assist or
15 relieve the flow of
the drain, or 1 or more branches may be added
16 thereto, by petition
under the provisions of this act, whenever
17 the same shall be conducive
to the public health, convenience and
18 welfare. As used in this act:
19 (a) "Agency" includes an officer, board, commission, and
20 other body created by a public corporation or by the federal
21 government, authorized to act in his, her, or its own name.
22 (b) "Benefit" or "benefits" means advantages resulting from a
23 project to public corporations, the residents of this state, and
24 property within this state. Benefit may include advantages that
25 result from elimination of pollution and elimination of flood
26 damage, or elimination of water conditions that jeopardize the
1 public health or safety; increase or decrease of the value or use
2 of lands and property resulting from the project; and the
3 positive or negative consequences of the project for individual
4 parcels of land which may include, but need not be limited to, 1
5 or more of the following:
6 (i) Increase or decrease in natural resource values.
7 (ii) Increase or decrease in flooding.
8 (iii) The amount and quality of runoff from land entering a
9 drain as determined by applicable factors including, but not
10 limited to, the following:
11 (A) The depth, character, and quality of surface and
12 subsurface soils of the land.
13 (B) The amount of impervious surface on the land.
14 (C) Whether the act or omission of a person increases or
15 decreases the need for the project.
16 (D) Whether the act or omission of a person improves or
17 degrades the water quality.
18 (c) "County drain" means a drain that provides drainage or
19 serves lands in only 1 county and has lands in only 1 county that
20 may be subject to assessment.
21 (d) "County drain commissioner", "drain commissioner", or,
22 unless the context clearly indicates otherwise, "commissioner"
23 means 1 of the following:
24 (i) The elected county drain commissioner or the person or
25 persons designated to perform the duties of the elected county
26 drain commissioner as provided by this act.
27 (ii) A public works commissioner described in section 21.
1 (iii) The official or body lawfully designated by charter to
2 exercise the powers and perform the duties of a county drain
3 commissioner in a county organized under 1966 PA 293, MCL 45.501
4 to 45.521.
5 (e) "Director of agriculture" means the director of the
6 department of agriculture or his or her designee, subject to
7 section 13.
8 (f) "Director of transportation" means the director of the
9 state transportation department or his or her designee, subject
10 to section 13.
11 (g) "Drain" means any of the following if established
12 pursuant to this act:
13 (i) The main stream or trunk or a tributary or branch of a
14 creek or river.
15 (ii) A watercourse or ditch, either open or closed.
16 (iii) A covered drain.
17 (iv) A sanitary or a combined sanitary and storm sewer or
18 storm sewer or conduit.
19 (v) A structure or mechanical device to purify or improve the
20 flow of a drain.
21 (vi) Pumping equipment necessary to assist or relieve the
22 flow of a drain.
23 (vii) Any dam, levee, dike, or barrier for drainage or to
24 purify or improve the flow of a drain.
25 (viii) Storm water storage, detention, or retention
26 facilities.
27 (h) "Drain" does not include any dam and connected flowage
1 rights used for the generation of power by a public utility
2 subject to regulation by the public service commission.
3 (i) "Drainage district" means the area described in the final
4 order of determination or, for a proposed drain for which a final
5 order of determination has not been made, the area that would be
6 drained by the proposed drain. Once established, a drainage
7 district is a body corporate with power to contract, to sue and
8 to be sued, and to hold, manage, and dispose of real and personal
9 property, in addition to any other powers conferred upon it by
10 law.
11 (j) "Engineer" means a professional engineer licensed under
12 article 20 of the occupational code, 1980 PA 299, MCL 339.2001 to
13 339.2014.
14 (k) "Improvement" means and "improve" refers to any of the
15 following with respect to the drain if the drain or that portion
16 of the drain has actually been constructed or established:
17 (i) Relocating, widening, deepening, straightening, tiling,
18 extending, or adding branches to a drain.
19 (ii) Providing dams, levees, dikes, barriers, structures, or
20 mechanical devices that will properly purify, control, or improve
21 the flow of a drain.
22 (iii) Providing pumping equipment or constructing relief
23 drains necessary to assist or relieve the flow of a drain.
24 (l) "Intercounty drain" means a drain that provides drainage
25 or serves lands in more than 1 county that may be subject to
26 assessment.
27 (m) "Landowner" means a person holding the most recent fee
1 title or a land contract vendee's interest in land as shown by
2 the records of the county register of deeds. If there is more
3 than 1 person with a fee interest or land contract vendee's
4 interest in land, each such person is a separate landowner.
5 (n) "Maintenance" and "maintain" refer to any of the
6 following if within the capacity of a drain as previously
7 established or constructed:
8 (i) Maintaining a drain or drains in working order to
9 continue a normal flow of water, including but not limited to the
10 maintenance, repair, or replacement of and utility service for
11 pumping stations, sewage treatment facilities, or mechanical
12 devices.
13 (ii) Cleaning out a drain or drains.
14 (iii) Keeping a drain or drains free from rubbish, debris,
15 siltation, or obstructions.
16 (iv) Repairing a portion or all of a tile, drain, or drains
17 to continue the normal flow of water.
18 (v) Restoration of previously established depths, bottom
19 widths, and grade based on records maintained at the office of
20 the drain commissioner.
21 (vi) Erosion repair and control.
22 (vii) Erosion and sedimentation control.
23 (viii) Maintenance, repair, or replacement of levees, dikes,
24 dams, and retention and detention basins.
25 (ix) Maintenance, repair, or replacement of structures, such
26 as bridges, culverts, or fords, that have diminished the capacity
27 of the drain or that are or may become unstable or unsafe.
1 (x) Removal and disposal of contaminated material.
2 (xi) Removal of obstructions downstream for the purpose of
3 restoring adequate outlet for lands within an existing drainage
4 district or districts, subject to section 422.
5 (xii) Activities associated with maintenance described in
6 subparagraphs (i) through (xi).
7 (xiii) Activity under part 91 of the natural resources and
8 environmental protection act, 1994 PA 451, MCL 324.9101 to
9 324.9123a.
10 (o) "Municipality" means a county, city, village, or
11 township, or an authority with power to levy a tax created by any
12 of these.
13 (p) "Person" means an individual, partnership, corporation,
14 association, governmental entity, or other legal entity.
15 (q) "Project" means work undertaken as a result of petition
16 and an order of necessity or undertaken as maintenance on a drain
17 pursuant to section 199.
18 (r) "Public corporation" means a state department or agency,
19 including, but not limited to, a college or university described
20 in section 4, 5, or 6 of article VIII of the state constitution
21 of 1963; an authority created by or pursuant to state law; a
22 junior college or community college established pursuant to
23 section 7 of article VIII of the state constitution of 1963; a
24 school district; or a municipality. However, in chapters 20 and
25 21, public corporation means a city, village, or township; with
26 respect to a state trunk line highway, this state; or with
27 respect to a county road, the county.
1 (s) "Roadway" means a state trunk line highway, county road,
2 city or village street, or a road under the jurisdiction of a
3 township.
4 (t) "Roadway authority" means, with respect to a state trunk
5 line highway, the state transportation commission or the director
6 of transportation; with respect to a county road, the board of
7 county road commissioners, the county executive, or other agency
8 acting as the county road commission; with respect to a city or
9 village street, the city or village; and with respect to a road
10 under township jurisdiction, the township.
11 (u) "Surveyor" means a professional surveyor licensed under
12 article 20 of the occupational code, 1980 PA 299, MCL 339.2001 to
13 339.2014.
14 Sec. 3. The word
"drain", whenever used in this act, shall
15 include the main
stream or trunk and all tributaries or branches
16 of any creek or river,
any watercourse or ditch, either open or
17 closed, any covered
drain, any sanitary or any combined sanitary
18 and storm sewer or
storm sewer or conduit composed of tile,
19 brick, concrete, or
other material, any structures or mechanical
20 devices, that will
properly purify the flow of such drains, any
21 pumping equipment
necessary to assist or relieve the flow of such
22 drains and any levee,
dike, barrier, or a combination of any or
23 all of same
constructed, or proposed to be constructed, for the
24 purpose of drainage or
for the purification of the flow of such
25 drains, but shall not
include any dam and flowage rights used in
26 connection therewith
which is used for the generation of power by
27 a public utility
subject to regulation by the public service
1 commission.
2 (1) A drain may be established, constructed, maintained, and
3 improved consistent with the provisions of this act.
4 (2) Each commissioner, each drainage board, and the director
5 of agriculture shall, as part of any drain construction or
6 improvement project, do all of the following:
7 (a) Protect water quality, headwaters, main branches, and
8 tributaries and protect the hydraulic capacity of floodplains and
9 floodways.
10 (b) Avoid, minimize, and mitigate impacts of new drains,
11 improvements, and maintenance on land or interests in land,
12 including, but not limited to, easements, owned for preservation
13 or conservation purposes by a public corporation or private
14 nonprofit organization.
15 (c) Incorporate flow patterns into criteria for drain design
16 and storm water management.
17 (d) Make on-site retention and detention of storm water a
18 priority.
19 (e) Utilize applicable management practices adopted by the
20 commission of agriculture. The commission of agriculture shall
21 adopt management practices on or before the expiration of 2 years
22 after the effective date of the 2000 amendatory act that amended
23 this 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, and interested drain
1 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 2000 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
22 practicability or necessity of the drainage board under chapter
23 20 shall also be sent by first-class mail to all landowners whose
24 land may be traversed or bordered by the proposed drain. The
25 notice shall be mailed as follows:
26 (a) For a hearing under section 467 or 469, not less than 21
27 days before the date of the hearing.
1 (b) For any other proceeding, not less than 14 days before
2 the date of the proceeding.
3 (c) For a change in route of the drain after the first order
4 of determination, not more than 14 days after the approval of the
5 route.
6 (d) For an order under section 151 changing the name or
7 number of a drain or the boundaries of a drainage district or an
8 order under section 199(2), not more than 14 days after entry of
9 the order.
10 (3) The person giving notice shall make an affidavit of the
11 mailing and shall recite in the affidavit that the persons to
12 whom the notice was mailed constitute all of the persons whose
13 names and addresses appear upon the tax rolls as owning land
14 within the drainage district or proposed drainage district. The
15 affidavit of mailing is conclusive proof that notice of a public
16 hearing described in subsection (2) was mailed according to this
17 act. Failure to receive a notice by mail is not a jurisdictional
18 defect invalidating a drain proceeding or special assessment if
19 notice has been sent as provided in this act.
20 (4) The notice described in subsection (2) shall be posted in
21 the office of each drain commissioner involved by the date by
22 which publication is first required.
23 (5) Notice of a public hearing described in subsection (2)
24 shall be published in a newspaper of general circulation in the
25 drainage district. The notice shall be published at least once,
26 not less than 14 days before the date of the proceeding.
27 However, for a hearing under section 467 or 469, notice shall be
1 published at least twice, with the first publication not less
2 than 21 days before the date of the hearing.
3 (6) Notice of a public hearing described in subsection (2)
4 shall be published in a newspaper of general circulation in the
5 drainage district. The notice of a hearing described in
6 subsection (2) shall set forth the time, date, place, and purpose
7 of the meeting. If the hearing is for the board of
8 determination, day of review, or board of review, the notice
9 shall include the name, address, and telephone number of the
10 drain commissioner in the county where the proceeding will take
11 place. If the hearing is a hearing of practicability and
12 necessity of the drainage board, the notice shall include the
13 name, address, and telephone number of each of the members of the
14 drainage board. The notice shall explain the consequence of any
15 of the decisions made at the hearing and shall specify any appeal
16 period for the action taken. Notice of a hearing of necessity of
17 the board of determination or drainage board shall set forth the
18 relief requested by the petition and the reasons for the relief
19 as presented in the petition.
20 (7) (2) A
writing prepared, owned, used, in the possession
21 of, or retained by a board, committee, commission, or advisory
22 committee created pursuant to this act, or a commissioner
23 appointed pursuant to this act, in the performance of an official
24 function shall be made available to the public in compliance with
25 Act No. 442 of the
Public Acts of 1976, being sections 15.231 to
26 15.246 of the Michigan
Compiled Laws the freedom of
information
27 act, 1976 PA 442, MCL 15.231 to 15.246.
1 Sec. 10. Drains may be laid or extended into or along or
2 from any lake or other body of water surrounded wholly or in part
3 by a swamp, marsh or other low lands for the general purpose of
4 drainage contemplated by this act, but not so as to impair the
5 navigation of any navigable river, subject to any permit required
6 under the natural resources and environmental protection act,
7 1994 PA 451, MCL 324.101 to 324.90106.
8 Any meeting
called pursuant to the provisions of this act,
9 unless otherwise
provided, may be adjourned from time to time by
10 public announcement
thereof and no advertisement of the time of
11 said adjournment shall
be required.
12 The commissioner shall have jurisdiction over all established
13 county drains within his or her county, heretofore established
14 and now in the process of being established except that in the
15 case of a drain located or to be located entirely within a single
16 city or village, such jurisdiction shall be consented to by
17 resolution of the governing body of such city or village.
18 If
any drainage project lies entirely within the limits of a
19 municipality less than
a county, such municipality, by its
20 governing body, shall
have the power to pledge the full faith and
21 credit of the
municipality for the payment of bonds or drain
22 orders issued in
connection with such project, and if a
23 deficiency exists in
the drain fund or sinking fund for said
24 drain 1 year after the
last installment of the deficiency
25 assessment provided
for in section 280 of this act, shall have
26 become delinquent,
such municipality shall forthwith advance to
27 the county drain fund
the amount of such deficiency and
1 thereafter all
receipts of such drain fund from the sale of
2 delinquent tax lands,
which had been assessed for said drain,
3 shall be paid to the
municipality within 90 days after receipt by
4 the county treasurer.
5 Sec. 12. Except as
provided in section 8, when if a time
6 is specified in this act in which the drain commissioner or a
7 drainage board shall take a specified administrative action or a
8 procedural step, the specification
of time shall be considered
9 is directory and not mandatory, and failure to take the action or
10 step within the time
specified shall does not affect the
11 legality and validity of
a drain proceeding. Where If the
12 specification of time relates to the giving of notice, the filing
13 of objections, the taking of an appeal, the commencement of an
14 action in a court, the taking of an action or step in the
15 assessment, levy, or
collection of drain assessments , taxes or
16 other charges, or to a requirement of due process, the
17 specification of time shall
be considered is mandatory if so
18 provided in this act.
19 Sec. 13. (1) The director of agriculture may designate an
20 individual to act on his or her behalf with respect to the
21 exercise of powers and the performance of duties under this act.
22 If a deputy or assistant acts in the capacity of the director of
23 agriculture under this act, he or she shall be considered to have
24 been properly designated by the director of agriculture. Any
25 official proceedings may be signed by the designee in his or her
26 own name. The signature of the designee shall be followed by his
27 or her official title. If an individual is designated by the
1 director of agriculture to act in his or her stead in connection
2 with all the proceedings as to any project, then any notice
3 required to be served upon or mailed to the director of
4 agriculture may be served upon or mailed to the designee.
5 (2) Expenses incurred by the director of agriculture under
6 this act shall be assumed by the department of agriculture.
7 (3) The director of transportation may designate an employee
8 of the state transportation department to act on his or her
9 behalf with respect to the exercise of powers and the performance
10 of duties under this act. If an employee of the state
11 transportation department acts in the capacity of the director of
12 transportation under this act, the employee shall be considered
13 to have been properly designated by the director of
14 transportation. Any official proceedings may be signed by the
15 designee in his or her own name. The signature of the designee
16 shall be followed by his or her official title. Any notice
17 required to be served upon or mailed to the director of
18 transportation shall be served upon or mailed to the designee.
19 Sec. 14. (1) For a public corporation other than a state
20 department to be a petitioner under this act, the petition shall
21 be authorized by resolution of the governing body and signed on
22 behalf of the public corporation by an officer designated by the
23 governing body. A certified copy of the resolution shall be
24 attached to the petition.
25 (2) For a state department to be a petitioner under this act,
26 the petition shall be signed on behalf of the state department by
27 the head of the state department. However, if the head of the
1 state department is a commission, the petition shall be signed by
2 the principal executive officer of the state department.
3
CHAPTER 2 .
4 COUNTY
DRAIN COMMISSIONER .
5 Sec. 21. (1) At Subject
to this section, at the general
6 election to be held in
November , 1976 2000, and each fourth
7 year after November ,
1976 2000, a county drain commissioner
8 shall be elected in each county having a drain commissioner by
9 the qualified electors of the county. The term of office of
10 the a commissioner shall begin on the January 1
following the
11 drain commissioner's election and continue for a period of 4
12 years and until his or her successor is elected and qualified,
13 whichever occurs earlier.
14 (2) As determined by the county board of commissioners, the
15 county drain commissioner shall be covered by a blanket bond or,
16 before entering upon the duties of office, shall execute and file
17 with the county clerk a bond to the people of the state in the
18 penal sum of $5,000.00
$100,000.00, issued by a surety company
19 licensed to do business in this state, conditioned upon the
20 faithful discharge of the duties of the office. The county board
21 of commissioners may fix the individual bond to be required of
22 the commissioner at a different amount if, in its judgment, that
23 is desirable.
24 (3) The county board of commissioners of a county having a
25 population of less than 12,000, by resolution of a 2/3 vote of
26 the members elect, may abolish the office of county drain
27 commissioner and transfer the powers and duties of the office to
1 the board of county road commissioners.
2 (4) If a county establishes a department of public works
3 pursuant to Act No.
185 of the Public Acts of 1957, as amended,
4 being sections 123.731
to 123.786 of the Michigan Compiled Laws
5 1957 PA 185, MCL 123.731 to 123.786, or a public improvement
6 agency with the drain commissioner designated as the county agent
7 pursuant to the county
public improvement act of 1939, Act
8 No. 342 of the Public
Acts of 1939, as amended, being sections
9 46.171 to 46.188 of
the Michigan Compiled Laws 1939
PA 342, MCL
10 46.171 to 46.188, the county board of commissioners, by
11 resolution of a 2/3 vote of the members elected and serving, may
12 combine the powers,
duties, and functions set forth in Act
13 No. 185 of the Public
Acts of 1957, as amended, Act No. 342 of
14 the Public Acts of
1939, as amended 1957 PA 185, MCL
123.731 to
15 123.786, the county public improvement act of 1939, 1939 PA 342,
16 MCL 46.171 to 46.188, and this act into 1 county department
17 headed by a public works commissioner. The public works
18 commissioner shall be elected in the same manner and for the same
19 term as a drain commissioner.
and shall carry out the powers and
20 duties of a drain
commissioner.
21 (5) A resolution provided for in subsection (4) may not be
22 adopted unless the county board of commissioners has first held
23 at least 1 generally
publicized public hearing on the
24 resolution. Notice of the hearing shall be published as provided
25 in section 8(3).
26 (6) Not less than 3 years after a county establishes the
27 office of public works commissioner pursuant to subsections (4)
1 and (5), or a public improvement agency, the county board of
2 commissioners, by resolution approved by a 2/3 vote of the
3 members elected and serving, may abolish the office of public
4 works commissioner not less than 6 months before the next primary
5 election for that office. The office of public works
6 commissioner shall be abolished in the county effective 180 days
7 after a resolution is adopted pursuant to this subsection. The
8 office shall then be referred to as the drain commissioner and
9 the person in office at the time a resolution of abolishment is
10 passed shall fulfill the remainder of the term of office until
11 the next general election.
12 (7) A In
a county that is organized under Act No. 293 of
13 the Public Acts of
1966, being sections 45.501 to 45.521 of the
14 Michigan Compiled Laws
1966 PA 293, MCL 45.501 to 45.521,
whose
15 charter prescribes an elected county executive, and which county
16 has a population of more than 2,000,000 at the time the charter
17 is adopted, shall be
governed by section 21a in place of this
18 section the powers and duties of the drain commissioner,
under
19 this act, shall be performed by a person or persons designated
20 under the county's charter.
21 Sec. 23. The commissioner shall have jurisdiction over all
22 county drains within his
the county, including those
23 heretofore
established and now in the
process of construction
24 being established or constructed. Drains extending into more
25 than 1 county , or
affecting lands in more than 1 county ,
26 are under the jurisdiction of the drainage board and shall be
27 established and constructed in accordance with the provisions of
1 this act regulating the establishment and construction of drains
2 traversing more than 1 county or affecting lands in more than 1
3 county. Nothing in
this act shall be construed as depriving a
4 The drain commissioner of a county is not deprived of
5 jurisdiction or as
making any drain over a drain and the drain
6 does not become an
intercounty drain, merely because a the
7 drain extends into another county for the purpose of securing a
8 proper outlet and not for the purpose of draining any lands in
9 the other county, :
Provided, such if the extension is
10 approved by the drain commissioners and is approved by the county
11 board of supervisors commissioners
of each affected county
12 after a public hearing of the county board of commissioners
13 noticed and conducted in the manner provided by law for meetings
14 of the county board of commissioners. The portion of any such
15 the drain extending into another county shall not be considered
16 in determining the number
of signers required to for a
17 petition. to
locate, establish and construct.
18 Sec. 24. (1) The county board of commissioners may employ
19 an engineer who shall perform under this act the services
20 required to be performed by an engineer or surveyor as may be
21 directed by the drain commissioner.
22 (2) A commissioner
may appoint a deputy or deputies , if the
23 county board of
commissioners approves, and may
revoke the
24 appointment at pleasure. The appointment shall be made in
25 writing and filed with the clerk of the county. To the extent
26 authorized by the drain commissioner, a deputy may execute the
27 powers and duties of a drain commissioner under this act. If the
1 commissioner is unable to execute the duties of office, the
2 deputy or deputies shall execute or assist in the execution of
3 the duties of the county
drain commissioner. assigned by the
4 county drain
commissioner. As determined by the county board of
5 commissioners, the
deputy or deputies, either shall be covered by
6 a blanket bond or
shall file a bond with and to be approved by
7 the commissioner in a
sum not to exceed $5,000.00, conditioned
8 upon the faithful
discharge of the deputy's or deputies' duties.
9 If the commissioner dies during his or her term, the deputy
10 commissioner shall have all of the powers and be charged with all
11 of the duties of a commissioner until a commissioner is appointed
12 or elected.
13 (3) As determined by the county board of commissioners, the
14 deputy or deputies either shall be covered by a blanket bond or
15 shall file with the drain commissioner a bond to be approved by
16 the drain commissioner in a sum not to exceed $100,000.00,
17 conditioned on the faithful discharge of the duties of the deputy
18 or deputies.
19 Sec. 25. (1)
The commissioner and his bondsmen shall be
20 the sureties on the individual or blanket bonds covering the
21 commissioner and deputy are liable for all the acts and defaults
22 of the a
deputy or deputies when appointed as herein
23 provided in section 24. After entry of the order designating
24 drainage districts as
provided in section 54 and section 55 or
25 105, of this
act, the drainage district as designated shall be
26 responsible for and is liable for all acts and defaults of
27 such the commissioner and his or a
deputy, or deputies,
1 except for acts of malfeasance or misfeasance. The commissioner
2 is liable on the blanket bond or his or her individual bond for
3 gross neglect of duty or a misapplication of money coming under
4 his or her control as commissioner.
5 (2) The county
board of supervisors commissioners may adopt
6 resolutions providing that public liability or other insurance
7 may be purchased at the expense of the county to cover such
8 potential liabilities of
the various drainage districts under
9 the supervision of the county drain commissioner.
10 Sec. 26. Each deputy
commissioner shall receive such the
11 salary or compensation as
the determined by the county board of
12 supervisors shall
allow commissioners and all
traveling
13 expenses actually and
necessarily spent by him in the discharge
14 of his or her
duties as prescribed in this act. ; he shall make
15 a report to the
commissioner of all work performed by him on or
16 before the first
Saturday of each month and an annual report on
17 or before the second
Wednesday in September of each year.
18 Sec. 27. (1) County
clerks, or the board of auditors in
19 counties having such
boards, shall be authorized, and it shall be
20 their duty to procure,
at the expense of their respective
21 counties, the
necessary books, blanks and stationery for the use
22 of said commissioners;
and each commissioner shall furnish upon
23 request blank
applications or petitions to any person who may
24 desire to file the
same under this act. The At the
expense of
25 the county and subject to county appropriations, the office of
26 the drain
commissioner shall be furnished at the expense of the
27 county by the board of
supervisors, or by the board of auditors
1 in counties having
such boards, and shall be maintained at the
2 county seat, in which
said office said commissioner shall be and
3 remain at least 1 day
per week such day to be painted on the door
4 of the commissioner's
office and printed or stamped on his
5 stationery. with all of the following as necessary to fulfill
6 the duties of this act or other acts, ordinances, or resolutions
7 specifying duties to be performed by the drain commissioner:
8 (a) Books, blanks, documents, stationery, and office
9 supplies.
10 (b) Office equipment necessary to make profiles, blueprints,
11 and specifications in any drainage district, word processing
12 equipment, and mapping and assessing equipment.
13 (c) Space and facilities to file, preserve, and retain field
14 notes, blueprints, profiles, estimates, and all other records.
15 (2) The office of the commissioner shall be maintained at an
16 official county facility.
17 (3) With the approval of the county board of commissioners, a
18 drain commissioner may add to the assessments of lands in each
19 drainage district established pursuant to chapter 3 or 20 not
20 more than 1% per year for education and training for the drain
21 commissioner and his or her staff with regard to 1 or more of the
22 following:
23 (a) Best management practices.
24 (b) Environmental protection and enhancement.
25 (c) Watershed management and planning.
26 (d) Assessing for drain projects.
27 (e) Financing for drain projects.
1 (f) Drain construction methods and techniques.
2 (g) Alternatives for on-site management of storm water.
3 (h) Any other matter related to the operation of the office
4 of drain commissioner or the construction, operation,
5 maintenance, or improvement of drains.
6 (4) Funds collected pursuant to subsection (3) shall be
7 consolidated and held in a separate account for the purposes set
8 forth in subsection (3). Interest earned on the fund shall be
9 credited to the fund. Subsection (3) is intended to supplement,
10 not replace, appropriations of county general fund money for the
11 purposes set forth in subsection (3).
12 Sec. 28. (1) Each
Subject to subsection (2), a drain
13 commissioner shall
receive an annual salary to be paid at other
14 county officers are
paid, the and fringe benefits, if
any, as
15 determined by the county board of commissioners. The amount of
16 the salary to and
fringe benefits, if any, shall be fixed by
17 the county board of commissioners before November 1 of each year
18 and shall be paid from the general fund of the county in the same
19 manner and at the same time as the salaries and fringe benefits
20 of other county officers
are fixed and paid. The A drain
21 commissioner's salary may be increased but shall not be decreased
22 during his or her the
term of office , and in addition, each
23 commissioner shall be
allowed of that drain
commissioner. A
24 drain commissioner's salary shall not be decreased during
25 successive terms of office of the drain commissioner to a greater
26 extent than the salaries of other county officials are
27 decreased. A drain commissioner's fringe benefits shall not be
1 decreased during the term of office to a greater extent than the
2 fringe benefits of elected county officials in general are
3 decreased. The county shall pay a drain commissioner for his or
4 her actual necessary expenses, including traveling expenses
5 incurred in the discharge
of the duties of the office. ,
6 including all actual
and necessary expense for clerk hire and
7 recording by the
county board of commissioners or board of county
8 auditors to be paid by
the county. The expense account
shall be
9 an itemized account.
and verified by oath taken before a proper
10 officer. The amounts paid to the commissioner for salary and
11 expenses shall be in full for all services rendered by the
12 commissioner and all expenses incurred in the performance of the
13 duties of the office.
14 (2) Notwithstanding
subsection (1), for If a county
15 which has a county officers compensation commission, the
16 compensation for each
the county drain commissioner shall be
17 determined by that commission under 1978 PA 485, MCL 45.471 to
18 45.477. A change in
compensation for a county drain
19 commissioner of a
county which has a county officers compensation
20 commission shall
commence at the beginning of the first odd
21 numbered year after
the determination is made by the county
22 officers compensation
commission and is not rejected.
23 Sec. 29. The
county shall furnish the commissioner with
24 all necessary books
and papers for use in the survey, and such
25 office equipment as
shall be necessary in making profiles,
26 blueprints and
specifications in any drainage district. The
27 surveyor or engineer
shall file with the commissioner all field
1 notes, blueprints,
profiles, estimates and all other papers in
2 his possession
relating to said drain. The board of supervisors
3 of any county may
employ an engineer who shall perform under this
4 act the services
required to be performed by an engineer or
5 surveyor. The drain commissioner's office shall furnish to
any
6 person, who may so desire, documents as may be required to
7 implement the procedures of this act, and the drain commissioner
8 may assist in the preparation of such documents as may be
9 required to implement the procedures of this act.
10 Sec. 30. It
shall be the duty of each commissioner to make
11 and keep A drain commissioner shall maintain a full
financial
12 statement of each drainage district. The commissioner shall also
13 make and keep in his the
commissioner's office in a book to be
14 provided for that
purpose a complete record of each
drainage
15 district. ,
which The record shall include a copy of the any
16 application for laying
out and designating such the district
17 under former provisions of this act, of the petition for the
18 drain, of the minutes of the survey, of the releases of the
19 right-of-way where the same have been released, of the orders of
20 determination of the necessity for and of the establishment of
21 the drain, and of the apportionment and assessment of benefits
22 therefor . Where
special commissioners have been called, it
23 shall also contain a
copy of the application to the probate
24 court, of the return
of the special commissioners and of
all
25 other papers records
in his the office necessary to show a
26 complete history of each drainage district, all of which said
27 original papers records
shall then be enrolled and filed in the
1 office of the county
drain commissioner. No drain tax
2 assessment shall be spread until all the records required have
3 been deposited and filed in the office of the county drain
4 commissioner.
5 Sec. 31. (1)
Each commissioner shall make a report to the
6 county board of
commissioners at its annual meeting in October of
7 the drainage districts
laid out, the drains constructed,
8 finished, or begun
under his or her supervision during the year
9 ending October 1, and
the commissioner shall also submit to the
10 board a full financial
statement of each drainage district. If
11 authorized by
resolution of the county board of commissioners,
12 the report shall be
made before April 2 of each year and shall
13 cover the preceding
calendar year. The commissioner shall also
14 make reports and
furnish information as required by the director
15 of the department of
agriculture.
16 (2) The reports
required by subsection (1) shall include an
17 itemized statement of
the orders issued on account of each
18 drainage district and
a debit and credit balance of the district
19 fund. The
commissioner shall be liable on the blanket bond or
20 his or her individual
bond for gross neglect of duty or a
21 misapplication of
money coming under his or her control as
22 commissioner.
23 (1) If requested by the legislative body of a municipality,
24 a drain commissioner shall submit an annual report to the
25 legislative body at its first regular meeting held on or after
26 October 1. The report shall cover drains established or
27 constructed by the drain commissioner during the 1-year period
1 ending September 30. Each report under this subsection shall
2 include a full financial statement for each drainage district
3 within the municipality, including, but not limited to, an
4 itemized statement of the orders issued under this act on account
5 of each drainage district and a debit and credit balance of the
6 district fund. If the municipality is a city, village, or
7 township, the report shall only apply to a drain and drainage
8 district if the drainage district lies entirely within the city,
9 village, or township.
10 (2) If requested by the legislative body, a report under
11 subsection (1) shall be submitted between January 1 and April 2
12 and shall cover the preceding calendar year.
13 (3) A drain commissioner shall submit to the director of
14 agriculture reports and information required by the director of
15 agriculture. A report under this subsection shall include an
16 itemized statement of the orders issued on account of each
17 drainage district covered by the report and a debit and credit
18 balance of the drainage district fund.
19 (4) A report under this section is advisory and is not a
20 prerequisite to the levy of any special assessments under this
21 act. The failure to submit a report under this section does not
22 invalidate a drain proceeding or special assessment.
23 Sec. 32. The county
board of supervisors of each county
24 having a drain
commissioner commissioners
may adopt a resolution
25 authorizing the county to enter into an agreement with the
26 secretary of health,
education and welfare pursuant to the
27 provisions of Act No.
205 of the Public Acts of 1951, as amended,
1 being sections 38.851
to 38.870 of the Compiled Laws of 1948,
2 the department of health and human services under 1951 PA 205,
3 MCL 38.851 to 38.871, to allow the drain commissioner and all the
4 employees of the drain commissioner's office to obtain the
5 benefits provided by the federal
social security act, chapter
6 531, 49 Stat. 620. The funds necessary for this coverage shall
7 be appropriated from the
county general fund. or from the
8 revolving drain fund.
9 Sec. 33. (1) The
salary of the commissioner, deputy
10 commissioners, and
clerks and employees of the drain
11 commissioner's office
shall, except as otherwise provided in this
12 act, be paid from the
general fund of the county in the same
13 manner and at the same
time as other county employees are paid.
14 (2) The drain commissioner may, with the approval of the
county
15 board of commissioners,
hire drain maintenance employees. Such
16 drain Drain maintenance employees shall be
considered are
17 county employees and shall be compensated from the general fund
18 of a county in the same manner and at the same time as other
19 county employees.
20 (2) (3) The
general fund of a county shall be reimbursed
21 by the drain districts in which work is performed by drain
22 maintenance employees hired by the commissioner pursuant to
23 subsection (2) for compensation, including the cost of fringe
24 benefits, paid to the drain maintenance employees by the county
25 from its general fund. The county board of commissioners may
26 waive the reimbursement
for emergency work not exceeding
27 $800.00 performed on any 1 drain during the course of 1 year.
1 Sec. 34. (1) If a municipality determines that construction
2 or other activity that the municipality has authority to approve
3 may have a significant effect on the quantity of water entering a
4 drain or on the hydrology of a drain, the municipality shall
5 provide the drain commissioner with prior notice and opportunity
6 to review the activity before the municipality issues its
7 approval. The drain commissioner's review under this subsection
8 is limited to the ability of the drain to transport storm water
9 runoff from the proposed activities, and not a determination of
10 the propriety or impropriety of the proposed land use or zoning
11 issues. Any comments on the proposed activity shall be made by
12 the drain commissioner within 30 days of his or her receipt of
13 the plans for the proposed activity.
14 (2) The drain commissioner or drainage board may review and
15 may approve all requests to discharge into, make a connection to,
16 or construct a crossing of any established county or intercounty
17 drains. The drain commissioner may propose and the county board
18 of commissioners may adopt an ordinance to implement this
19 subsection. The ordinance may include a schedule of fees to be
20 charged for the review and inspection of any discharges,
21 connections, or crossings and penalties for noncompliance. The
22 fees shall be deposited in a revolving fund and used for reviews
23 and inspections as specified in the ordinance. If the revolving
24 fund is not sufficient to cover expenses for the reviews and
25 inspections, the expenses shall be paid from the county general
26 fund.
27 (3) The drain commissioner may establish rules and schedule
1 of fees for other reviews and inspections required of the drain
2 commissioner's office by the county board of commissioners or by
3 other statute, including but not limited to the land division
4 act, 1967 PA 288, MCL 560.101 to 560.293, the mobile home
5 commission act, 1987 PA 96, MCL 125.2301 to 125.2349, and the
6 condominium act, 1978 PA 59, MCL 559.101 to 559.276. The rules
7 and schedule of fees shall not take effect unless approved by the
8 county board of commissioners. The fees shall be deposited in a
9 revolving fund under subsection (2).
10 Sec. 35. (1) If a drain commissioner who is required to
11 apportion benefits under this act, or the spouse or child of such
12 a drain commissioner, owns lands that would be liable to an
13 assessment for the benefits, or if the commissioner is otherwise
14 disqualified to act in the making of an apportionment of
15 benefits, the commissioner shall file with the judge of probate
16 of the county a copy of the petition and a signed statement
17 showing that the drain commissioner is disqualified to act in
18 making the apportionment of benefits.
19 (2) Not more than 14 days after receiving the petition and
20 signed statement under subsection (1), the judge of probate shall
21 appoint a disinterested drain commissioner of an adjoining or
22 nearby county to make the apportionment of benefits on the
23 drain. The disinterested commissioner appointed shall make and
24 complete within a period of 28 days, or within such reasonable
25 time thereafter as may be necessary, an apportionment of the
26 benefits of the drain and file the apportionment with the
27 disqualified commissioner. The apportionment shall be adopted
1 for the drain, subject to the same rights of appeal as provided
2 in this act. The disqualified commissioner shall furnish the
3 disinterested commissioner with a copy of the final order of
4 determination on the drain.
5 (3) The salary of the commissioner appointed under subsection
6 (2) shall be the same as that received from the county of which
7 he or she is the commissioner. The salary, together with all
8 expenses actually and necessarily incurred by the commissioner,
9 shall be assessed against the drain in connection with which the
10 services were performed and shall be paid in the same manner as
11 other expenses are paid.
12
CHAPTER 3 .
13 COUNTY DRAINAGE
DISTRICTS AND COUNTY DRAINS .
14 Sec. 51. (1) Before
a commissioner takes any action on any
15 application to locate,
establish and construct any drain, there
16 shall first be filed
with him an application to lay out and
17 designate a drainage
district with reference to a proposed drain
18 therein; such
application shall tentatively describe the location
19 and route of such
proposed drain. The application shall be
20 signed by not less
than 10 freeholders of the township or
21 townships in which
such proposed drain or the proposed lands to
22 be drained thereby may
be situated: Provided, That 5 or more of
23 said signers shall be
the owners of land liable to an assessment
24 for the construction
of such proposed drain: Provided further,
25 If it shall appear to
the drain commissioner on filing an
26 application to lay out
and designate a drainage district that
27 said district might
not include 20 freeholders whose lands would
1 be liable for such
assessment, in such case such application
2 shall be received if
any one of the signers is a freeholder
3 liable to an
assessment for the construction of such proposed
4 drain. To initiate the establishment of a drainage
district and
5 the establishment and construction of a county drain, a petition
6 shall be filed with the drain commissioner of that county.
7 Subject to subsection (2), the petition shall be signed by 5
8 landowners in the proposed drainage district whose lands would be
9 liable to assessment for benefits or at least 50% of the
10 landowners if there are less than 5 landowners whose lands would
11 be liable for assessment or may be signed by landowners
12 representing 25% of the land area liable for assessment. The
13 drain commissioner shall determine the eligibility of the signers
14 to such application
shall be determined by the drain
15 commissioner according
to their interest of record in the office
16 of the register of
deeds, in the probate court or in the circuit
17 court of the county in
which such lands are situated at the time
18 such application is the petition based on their status as
19 landowners when the petition was filed. The board of
20 supervisors, by
resolution, may instruct the drain commissioner
21 to refuse any
application to lay out a drainage district unless a
22 cash deposit,
sufficient to cover the preliminary costs,
23 accompanies the
application. If the drain is completed, the cost
24 advanced shall be
returned to the depositor or his personal
25 representative out of
the first tax collections on the drain. If
26 uncompleted, any
excess above costs shall be so returned. In
27 lieu of an application
signed by freeholders as aforesaid, such
1 an application may be
signed solely by the board of health of the
2 county
3 (2) Instead of landowners, a public corporation may petition
4 for the establishment of a drainage district and the
5 establishment and construction of a drain if the proposed drain
6 is necessary for the public
health, of any part of the county,
7 or safety, or welfare or for agriculture and may
be signed
8 solely by any city,
village or township public corporation,
9 when duly authorized by its governing body, if the proposed drain
10 is necessary for the
public health, of such municipality and if
11 such municipality safety, or welfare or for agriculture in the
12 public corporation and if the public corporation will be liable
13 for an assessment at
large against it for a percentage of the
14 cost of the proposed
drain. The entry of an order designating a
15 drainage district, as
hereinafter provided, of
necessity under
16 section 54 shall be considered a determination of the sufficiency
17 of such application the
petition.
18 (3) The petition shall 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 request that measures be undertaken which are intended both
22 to enhance or improve the natural resource values of the proposed
23 drain and which provide direct benefit to the designed function,
24 longevity, or hydraulic capacity of the proposed drain. The
25 petition may propose a location and route for the drain.
26 (4) The petition shall be accompanied by a description or tax
27 parcel number of the land in the proposed district owned by each
1 signer and by a certificate of the county treasurer as to payment
2 of taxes and special assessments against the lands. The
3 certificate shall be in substantially the following form:
4 I hereby certify that there are no taxes or special
5 assessments unpaid against any of the lands described in the
6 annexed list according to the records of the county treasurer's
7 office for the preceding 3 years, except as follows:
8 Description Year Tax or assessment Amount
9 ................. ............ ..................... ........
10 (5) The name of any signer as to whose land the certificate
11 shows taxes or assessments unpaid for the preceding 3 years shall
12 not be counted. If it appears from the certificate that 33-1/3%
13 or more of the lands in the proposed drainage district have been
14 returned as tax delinquent and still remain delinquent, the
15 commissioner shall not take further action on the petition.
16 (6) The county board of commissioners, by resolution, may
17 instruct the drain commissioner to refuse all petitions to
18 establish a drainage district and establish and construct a drain
19 unless the petitions are accompanied by cash deposits. A cash
20 deposit shall equal the drain commissioner's reasonable estimate
21 of the costs to be incurred by the office of drain commissioner
22 in proceedings under this chapter until the entry of an order of
23 no necessity or an order of necessity. A cash deposit shall be
24 applied to any liability of the petitioners under subsection
25 (7).
26 (7) Costs incurred by the office of drain commissioner in
1 proceedings under this chapter, including any attorney fees,
2 shall be paid as follows:
3 (a) By the drainage district, if the board of determination
4 enters an order of necessity. Any deposit required under
5 subsection (6) shall be returned to the depositor out of the
6 first special assessment collections of the drainage district or
7 borrowed funds secured by special assessment collections on the
8 drain, whichever is received first.
9 (b) By the petitioners, if the board of determination enters
10 an order of no necessity and the county board of commissioners
11 required a deposit under subsection (6). However, if the board
12 of determination first enters an order of practicality, costs
13 incurred after entry of the order of practicality through entry
14 of the order of no necessity shall not be paid by the petitioners
15 but shall be apportioned as provided in chapter 7 and assessed
16 against the drainage district as described in the order of
17 practicality.
18 (c) From the county general fund, if the board of
19 determination enters an order of no necessity under section 55
20 and the county board of commissioners did not require a deposit
21 under subsection (6).
22 (8) If the petition shows, or it is determined thereafter,
23 that the proposed drain will affect lands in more than 1 county,
24 the commissioner shall proceed under chapter 5.
25 Sec. 52. Upon filing
of such application for a new
26 drainage district, the
commissioner shall immediately cause a
27 survey to be made by a
competent surveyor or engineer to
1 determine the area
which would be drained by the proposed drain,
2 and the route and type
of construction of the drain or drains
3 most serviceable for
that purpose. He shall not be limited in
4 such determination to
the route described in the application. In
5 any county having a
board of county auditors, no survey shall be
6 ordered without the
approval of such board but if the application
7 shows, or it is
determined thereafter, that any such proposed
8 drainage district will
affect lands in more than 1 county, the
9 commissioner shall
proceed under the portions of chapter 5 of
10 this act relating to
intercounty drains, and in such case the
11 approval of the board
of county auditors shall not be required.
12 If upon the survey, or
if before the survey is made, the
13 commissioner
determines that the proposed drain is impractical,
14 he shall take no
further action thereon but shall, in writing,
15 notify the persons who
delivered the application to him, of that
16 fact, and his reasons
for making his determination. If upon the
17 survey the
commissioner determines the proposed drain to be
18 practical, he shall
lay out a drainage district, prepare and file
19 in the office of the
drain commissioner a description of the
20 drainage district,
which may be described by its boundaries of
21 highways and streets
and tracts and parcels of land including
22 therein all highways
and streets, townships, cities and villages
23 or by a description of
all tracts or parcels of land, highways,
24 townships, cities and
villages which would be benefited by the
25 construction of the
proposed drain, and which would be liable to
26 an assessment
therefor, should the drain be constructed as
27 hereinafter provided.
The commissioner shall obtain from the
1 county treasurer a
statement showing as near as may be the amount
2 of taxes and special
assessments levied against the lands in the
3 proposed drainage
district on the tax rolls for the 3 years next
4 preceding, and the
amount of such taxes and assessments remaining
5 unpaid, and if it
appears from the statement that 33 1/3% or more
6 of the lands in the
proposed drainage district have been returned
7 as tax delinquent and
still remain delinquent, no further action
8 shall be taken.
9 (1) If the drain commissioner determines that a petition
10 filed with the drain commissioner meets the requirements of
11 section 51, the commissioner shall promptly arrange for the
12 preparation of a preliminary analysis. Except as provided in
13 subdivision (a), an engineer shall prepare the preliminary
14 analysis. The commissioner shall select the engineer based on
15 the engineer's qualifications. The preliminary analysis shall
16 describe a drain and drainage district to address the reasons for
17 a drain and drainage district set forth in the petition. The
18 preliminary analysis shall include all of the following:
19 (a) A description of the drainage district by its boundaries
20 of streets or highways or tracts or parcels of land, or by a
21 description of all tracts or all parcels of land, including all
22 highways, townships, counties, cities, and villages which would
23 be benefited by the construction of the proposed drain. The
24 description of the drainage district may be prepared by a
25 surveyor.
26 (b) A proposed route and course for the drain.
27 (c) A proposed type of construction of the drain.
1 (d) An estimate of the cost of the proposed drain.
2 (2) Upon completion of the preliminary analysis, the drain
3 commissioner shall file a copy of the preliminary analysis in his
4 or her office and make it available for public inspection. The
5 drain commissioner shall also file the preliminary analysis with
6 the district office of the land and water management division,
7 department of environmental quality, for the district where the
8 project is located.
9 (3) As soon as practicable after the filing of the
10 preliminary analysis under section 52, the commissioner
11 authorized to act on the petition, if not disqualified under
12 section 35 to make the apportionment of benefits, may appoint a
13 board of determination composed of 3 disinterested individuals
14 and an alternate disinterested individual. If the commissioner
15 is disqualified or chooses not to appoint the board of
16 determination, the commissioner shall immediately file with the
17 chairperson of the county board of commissioners a copy of the
18 petition, together with a statement signed by the commissioner,
19 explaining why he or she is disqualified or chooses not to act in
20 appointing a board of determination. As soon as practicable
21 after receiving the copy of the petition and the statement, the
22 chairperson of the county board of commissioners, if not
23 otherwise interested as set forth in section 35, shall appoint
24 the board of determination and shall immediately notify the drain
25 commissioner of the names and addresses of those appointed. If
26 the chairperson of the county board of commissioners has a
27 private interest in the proceedings, the finance committee of the
1 county board of commissioners shall appoint the board of
2 determination.
3 (4) Each member of a board of determination shall be a
4 resident of the county, but not of a township, city, or village
5 in the proposed drainage district. A member of the board of
6 determination shall not be any of the following:
7 (a) A member of the county board of commissioners or county
8 board of road commissioners.
9 (b) The spouse, parent, child, or sibling of a member of the
10 county board of commissioners or of the drain commissioner.
11 (5) A hearing of the board of determination shall be called
12 within the drainage district at a convenient place to be
13 designated by the drain commissioner. The board of determination
14 hearing also may be held outside the drainage district at a
15 suitable public building anywhere within the city, village, or
16 township in which the drain is located or, if there is no such
17 building, at any suitable public building near the drainage
18 district. If any individual appointed to the board of
19 determination fails or refuses to serve or is disqualified, the
20 drain commissioner, the county board of commissioners, or the
21 finance committee of the county board of commissioners, whichever
22 appointed the individual, shall appoint a successor.
23 (6) The per diem compensation, mileage, and expenses of a
24 member of the board of determination shall be paid in the same
25 amount as paid to a member of the county board of commissioners
26 of the county. In a county in which members of the county board
27 of commissioners are not paid on a per diem basis, the
1 compensation, mileage, and expenses shall be fixed by the drain
2 commissioner.
3 (7) Upon request, the drain commissioner shall inform in
4 writing the state legislator who represents that portion of the
5 area in which the proposed drain improvement is to be constructed
6 of the names and addresses of the persons appointed to a board of
7 determination.
8 (8) Notice of the hearing of the board of determination
9 shall be given in the manner provided in section 8.
10 (9) The drain commissioner shall arrange for a certified
11 court reporter, stenomask reporter, or court recorder to attend
12 each hearing of the board of determination and take a verbatim
13 record of the proceedings. If proceedings are initiated in the
14 circuit court under section 56 or 58, the drain commissioner
15 shall promptly request the reporter or recorder to furnish a
16 transcript of the proceedings to the court.
17 (10) The board of determination shall meet at the time and
18 place specified in the notice. The board of determination shall
19 act by majority vote. The drain commissioner or deputy drain
20 commissioner shall attend the hearing of the board of
21 determination.
22 Sec. 53. The
surveyor or engineer authorized to make the
23 survey shall ascertain
the size and depth of the drains and he
24 shall preserve all
minutes with reference thereto. He shall
25 prepare preliminary
plans, drawings and profiles thereof,
26 together with a
computation of the yards of earth to be
27 excavated, the amount
of tile or pipe to be used and the
1 necessary bridges and
culverts or fords to be built in
2 constructing such
proposed drain, and his estimate of the cost of
3 such construction, and
where practicable shall recommend the
4 leveling of the spoil
banks. He shall thereupon lay out a
5 drainage district,
which district may be described by its
6 boundaries of streets
or highways or tracts or parcels of land,
7 or by a description of
all tracts or all parcels of land,
8 including therein all
highways, townships, counties, cities and
9 villages which would
be benefited by the construction of the
10 proposed drain, all of
which he shall deliver to the
11 commissioner. The
surveyor or engineer shall not be limited to
12 the route described in
the application but may recommend a route
13 and type of
construction for the drains he considers most
14 serviceable for
draining the area involved. The
board of
15 determination shall do all of the following at the hearing under
16 section 52:
17 (a) Elect a chairperson.
18 (b) Elect a secretary.
19 (c) Receive testimony and evidence on whether the drain is
20 necessary and conducive to the public health, safety, or welfare
21 or for agriculture.
22 (d) Consider the preliminary analysis.
23 (e) Determine 1 of the following:
24 (i) That the proposed drain is necessary and conducive to
25 public health, safety, or welfare or for agriculture.
26 (ii) That the proposed drain is not necessary and conducive
27 to public health, safety, or welfare or for agriculture.
1 (iii) That the drain is practical, but that additional
2 information is needed to determine whether the drain is necessary
3 and conducive to the public health, safety, or welfare or for
4 agriculture, or to determine the boundaries of the drainage
5 district. If the board of determination finds that the drain is
6 practical, it shall receive testimony and evidence on the extent
7 of the lands proposed to be served by the drain and determine the
8 boundaries of the tentative drainage district, which lands will
9 be subject to assessment for costs incurred by the drain
10 commissioner in gathering the requested additional information,
11 if the drain is subsequently determined not necessary.
12 Sec. 53a. (1) After the board determines the drain
13 practical and establishes a tentative drainage district, it shall
14 recess to allow the drain commissioner to gather the additional
15 information and shall enter an order of practicality, which order
16 shall specify:
17 (a) The information from within section 60 which is needed,
18 and
19 (b) The boundaries of the tentative drainage district.
20 (2) If during the gathering of the additional information the
21 drain commissioner determines that the drain is not practical, he
22 shall reconvene the board of determination. Notice of the
23 reconvened board of determination shall be pursuant to section 8
24 and shall specify the determination by the drain commissioner and
25 the reasons therefor.
26 (3) At the hearing of the reconvened board of determination
27 under subsection (2), the board shall do the following:
1 (a) receive the determination of the drain commissioner.
2 (b) Receive testimony and evidence as to the drain
3 commissioner's determination.
4 (c) Direct the drain commissioner to complete the gathering
5 of the additional information or find the drain is not necessary
6 and conducive to the public health, safety, or welfare or for
7 agriculture and order that the costs be paid pursuant to section
8 51(7).
9 (4) If the reconvened board of determination directs the
10 drain commissioner to complete the gathering of the additional
11 information, the drain commissioner shall gather the additional
12 information.
13 (5) After gathering the additional information, the drain
14 commissioner shall call the board of determination to reconvene.
15 The drain commissioner shall give notice of the reconvening of
16 the board of determination in the manner provided in section 8.
17 The reconvened hearing of the board of determination shall do all
18 of the following:
19 (a) Receive and consider the additional information from the
20 drain commissioner.
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) Determine whether or not the drain is necessary and
25 conducive to the public health, safety, or welfare or for
26 agriculture.
27 (6) If the reconvened board of determination finds the drain
1 is necessary and conducive to the public health, safety, or
2 welfare or for agriculture, it shall proceed and make such orders
3 as set forth in section 54.
4 (7) If the reconvened board of determination finds the drain
5 is not necessary and conducive to the public health, safety, or
6 welfare or for agriculture, it shall enter an order to that
7 effect and order that the costs be paid pursuant to section
8 51(7).
9 Sec. 54. The
commissioner shall prepare and file in his
10 office his order
designating a drainage district and give it a
11 name or number and
describe therein the boundaries of the
12 district by streets or
highways or parcels of land for each of
13 the several tracts or
parcels of land included therein and the
14 counties, townships,
cities, villages and state trunk line
15 highways which would
be benefited by the construction of the
16 drains and would be
liable to assessment therefor, also a
17 description of the
drains as determined by him, showing the
18 beginning, route,
terminus, type of the proposed construction and
19 the estimated cost of
such proposed construction. The
20 commissioner shall
give notice of filing the order designating a
21 drainage district by
publishing a notice in a newspaper of
22 general circulation in
the county, or a newspaper of general
23 circulation in the
area where the drainage district boundaries
24 are located, which
notice shall give a general description of the
25 route of the proposed
drain or drains and of the drainage
26 district as shown by
the order.
27 At
any time after the order designating a drainage district
1 and giving it a name
or number has been filed in the office of
2 the drain commissioner,
the order may be amended as to the name
3 or number of the drain
at any time by presenting to the drain
4 commissioner of the
county a petition signed by no less than 5
5 land owners whose land
is traversed by the drain, which petition
6 shall state the then
present name or number of the drain and the
7 change or changes to
be made in the name or number. Upon receipt
8 of such petition, and
if in the drain commissioner's opinion it
9 is to the best
interest of all concerned that the name or number
10 be changed, he shall
make his order amending the name or number,
11 and thereafter the
drainage district shall be known by such name
12 or number. The drain
commissioner shall forthwith post such
13 signs upon the drain
as he may deem advisable for public notice
14 of the new name or
number.
15 (1) If the board of determination by a majority vote finds
16 the drain is necessary and conducive to the public health,
17 safety, or welfare or for agriculture, either at the first
18 hearing or following a reconvened hearing pursuant to section
19 53a, the board of determination shall:
20 (a) Receive testimony and other evidence on the extent of the
21 lands proposed to be served by the drain and determine the
22 boundaries of the drainage district. If the board of
23 determination at any time finds that the drain would serve lands
24 in more than 1 county, the board of determination shall file an
25 order to that effect and refer the petition to the drain
26 commissioner for proceedings under chapter 5.
27 (b) Designate a preliminary name for the drain and drainage
1 district.
2 (c) Determine whether a portion of the costs of construction
3 of the proposed drain is necessary for the public health, safety,
4 or welfare in 1 or more public corporations and identify those
5 public corporations.
6 (2) If it appears to the board of determination at any time
7 that the drainage district may include lands whose landowners
8 were not sent notice of the hearing in the manner provided in
9 section 8, the board of determination shall enter a finding to
10 that effect identifying the additional lands and file the finding
11 with the drain commissioner. The board of determination shall
12 recess the hearing. The drain commissioner shall promptly give
13 notice of the pending reconvened hearing to the landowners of the
14 additional lands and all other persons entitled to notice under
15 section 8 in the manner provided in section 8 and shall call the
16 board of determination to reconvene.
17 Sec. 55. (1) If the board of determination by a majority
18 vote finds the drain is necessary and conducive to the public
19 health, safety, or welfare or for agriculture, either at the
20 first hearing or following a reconvened hearing pursuant to
21 section 53a, the board of determination shall enter an order of
22 necessity and file the order of necessity with the commissioner.
23 (2) The order of necessity shall specify:
24 (a) The finding of necessity.
25 (b) The boundaries of the drainage district.
26 (c) The public corporations determined liable for assessment
27 at-large for a portion of the costs of the drain for public
1 health, safety, or welfare.
2 (3) The board of determination shall not determine the scope
3 of the project. The scope of the project is within the sole
4 authority of the drain commissioner in consultation with his or
5 her engineers or other qualified professionals.
6 Sec. 56. Within 7 days after the order of necessity is
7 filed, the drain commissioner shall notify by first-class mail
8 each public corporation identified in the order of necessity as
9 receiving benefits at large for public health, safety, or welfare
10 that it is liable to pay a percent of the cost of construction of
11 the drain for benefits for public health, safety, or welfare.
12 The governing body of the public corporation, within 21 days
13 after mailing of the notification from the drain commissioner,
14 may appeal the order of necessity as to the finding that all or a
15 portion of the costs is necessary for public health, safety, or
16 welfare. The appeal shall be filed with the circuit court in the
17 county in which the territory of the public corporation is
18 located.
19 Sec. 57. If the board of determination finds that the drain
20 is not necessary and conducive to the public health, safety, or
21 welfare or for agriculture, all of the following apply:
22 (a) The board of determination shall file with the
23 commissioner an order of no necessity rejecting the petition.
24 (b) Costs shall be paid as provided in section 51.
25 (c) A new petition for the drain shall not be filed within 1
26 year after the filing of the order of no necessity.
27 Sec. 58. After the board of determination files an order of
1 no necessity or files an order of necessity, a public corporation
2 or other person feeling aggrieved by the order may institute an
3 action in the circuit court for the county in which the drainage
4 district is located for a review of the order. The action shall
5 be filed within 14 days after the filing of the order. The
6 circuit court shall determine whether the order was authorized by
7 law and supported by substantial, material, and competent
8 evidence on the whole record. The review shall be made on the
9 record presented to the board of determination and no additional
10 testimony or information shall be offered except for purposes of
11 claim of fraud or error of law. After the review of the record,
12 the court may remand the matter to the board of determination and
13 order the board of determination to reconvene for purposes of
14 securing additional testimony and evidence on issues which the
15 court considers necessary to render its decision on the appeal.
16 Following the hearing on remand, the record shall be transmitted
17 to the court for hearing and decision.
18 Sec. 59. (1) After the order of necessity is filed, the
19 drain commissioner, subject to subsection (2), shall execute a
20 first order of determination and file the first order of
21 determination in his or her office. The first order of
22 determination shall do all of the following consistent with the
23 order of necessity:
24 (a) Establish the drainage district and give it a name or
25 number.
26 (b) Describe the drainage district by its boundaries or by a
27 description of all the land that would be benefited by the
1 construction of the drain and would be liable to assessment
2 therefor, including the counties, townships, cities, and
3 villages; roadways; and parcels of land identified by legal
4 description or tax code parcel number.
5 (c) Describe the beginning, route, terminus, type of the
6 proposed construction, and the estimated cost of such proposed
7 construction.
8 (2) If an appeal is not filed, the drain commissioner shall
9 satisfy the requirements of subsection (1) upon the expiration of
10 the appeal periods under section 58 and, if applicable, section
11 56. If an appeal is filed, the drain commissioner shall satisfy
12 the requirements of subsection (1) after the appeal procedures
13 are terminated.
14 Sec. 60. After the drain commissioner files the first order
15 of determination, the commissioner shall secure the services of
16 an engineer and arrange for the preparation of an engineering
17 analysis. The commissioner shall select the engineer based on
18 the engineer's qualifications. The engineering analysis shall
19 describe a drain and drainage district to address the reasons for
20 a drain and drainage district set forth in the petition and in
21 the evidence and testimony received at the hearing of the board
22 of determination. Except as provided in subdivisions (e) and
23 (j), the engineering analysis shall be prepared by an engineer
24 and shall include all of the following:
25 (a) Hydrologic and hydraulic report that includes, but is
26 not limited to, a discussion of the present drainage
27 characteristics and the impacts of the proposed project on
1 flooding characteristics downstream of the drainage district.
2 (b) Recommended route and course.
3 (c) An existing and proposed profile of the recommended
4 route and course.
5 (d) Description of the recommended work including crossings,
6 structures, and facilities.
7 (e) A description of the drainage district by its boundaries
8 of streets or highways or tracts or parcels of land, or by a
9 description of all tracts or all parcels of land, including all
10 highways, townships, counties, cities, and villages which would
11 be benefited by the construction of the proposed drain. The
12 description of the drainage district may be prepared by a
13 surveyor.
14 (f) An estimate of the cost of construction of the
15 engineer's recommendation.
16 (g) A description of alternatives considered.
17 (h) An analysis of the effectiveness of the proposed project
18 to address the conditions that it is intended to remedy, create,
19 or enhance.
20 (i) A maintenance plan for the drain.
21 (j) An evaluation of the impacts of the project on natural
22 resources that identifies appropriate practical measures to
23 minimize adverse effects. The evaluation need not be part of the
24 engineering analysis and may instead be prepared by the
25 commissioner or another qualified professional.
26 (k) Any other information requested by the commissioner.
27 Sec. 61. (1) The engineer shall prepare final plans,
1 specifications, and an estimate of costs of the proposed drain.
2 The commissioner shall secure from the engineer or a surveyor a
3 description of the lands or rights-of-way needed for the proposed
4 drain. In approving the route of the drain as furnished by the
5 engineer, the commissioner is not limited to that described in
6 the petition or in the first order of determination, if the new
7 route is more efficient and serviceable.
8 (2) If the board of determination determines that the drain
9 is necessary and conducive to the public health, safety, or
10 welfare or for agriculture, the drain commissioner shall convene
11 a meeting under section 62 to provide information or elicit
12 information and testimony with regards to the route and type of
13 construction and estimate of cost of the drain to assist the
14 drain commissioner in determining the scope of the drain project
15 to be undertaken by the commissioner. The meeting is for
16 informational purposes only.
17 (3) The drain commissioner shall obtain any permits required
18 under the natural resources and environmental protection act,
19 1994 PA 451, MCL 324.101 to 324.90106. All costs associated with
20 evaluating natural resource impacts and implementing the measures
21 to minimize those impacts shall be the responsibility of the
22 drainage district.
23 (4) Measures that are intended to enhance or improve natural
24 resource values but that will not provide benefit to the designed
25 function, longevity, or hydraulic capacity of the drain may be
26 included as part of the drainage project in the discretion of the
27 drain commissioner. The funding for such measures may only
1 include gifts, donations, grants, contracts pursuant to
2 section 431, special assessments other than special assessments
3 under this act, or any combination thereof, as considered
4 appropriate by the drain commissioner.
5 (5) If the proposed drain is located in a watershed
6 management district for which a watershed management plan has
7 been adopted under section 595, the drain commissioner shall
8 undertake the establishment and construction of the drain,
9 including, but not limited to, measures to improve or enhance
10 natural resource values, consistent with the watershed management
11 plan.
12 (6) If, after the receipt of the plans, specifications,
13 estimate of cost, and descriptions of the lands or rights-of-way
14 needed for the proposed drain, the commissioner determines that
15 the project is not feasible, the commissioner shall notify the
16 landowners and public corporations in the district by first-class
17 mail of the intent to reject the petition. The notice shall
18 specify the reasons for the proposed rejection. The notice shall
19 also specify a time, date, and place for a public hearing to hear
20 objections to the rejection of the petition. At the public
21 hearing, the commissioner shall elicit testimony and evidence
22 with regards to the proposed rejection. Following the receipt of
23 testimony, the drain commissioner shall determine whether or not
24 the petition should be rejected. If, after hearing testimony,
25 the drain commissioner determines to reject the petition, the
26 commissioner shall enter an order of rejection and apportion all
27 costs incurred to the district as if the project had been built
1 and the costs will be subsequently assessed and paid as provided
2 in chapter 7. An order of rejection does not limit the right to
3 file a subsequent petition.
4 Sec. 62. (1) Upon completion of the engineering analysis,
5 pursuant to section 60 the commissioner shall file a copy of the
6 engineering analysis in the commissioner's office and shall
7 convene a meeting to present and receive testimony and other
8 evidence on the engineering analysis and the project proposed to
9 be undertaken. The commissioner shall give notice of filing of
10 the engineering analysis and of the meeting in the manner
11 provided in section 8. The notice shall give all of the
12 following information:
13 (a) A general description of the drainage district.
14 (b) The name or number of the drainage district.
15 (c) A general map or description of the drainage district as
16 described in the engineering analysis or a general description of
17 the boundaries of that drainage district by municipal boundaries,
18 roadways, or parcels or tracts of land.
19 (d) A general description of the route and type of
20 construction and the estimated cost of the engineer's
21 recommendation.
22 (2) The drain commissioner shall consider the testimony and
23 other evidence offered at the public meeting under subsection (1)
24 and decide the route and course, type of construction, and other
25 features of the drain.
26 Sec. 63. (1) Unless the drain commissioner determines to
27 reject the petition under section 61(6), the drain commissioner
1 shall proceed to acquire property for the drain under section 7.
2 (2) After acquiring property necessary for the drain, the
3 drain commissioner shall prepare and promptly file in his or her
4 office a final order of determination establishing the drain.
5 (3) The apportionment and review of benefits, the letting of
6 contracts, and the levy and collection of drain special
7 assessments for the drain shall be as provided in chapters 7, 9,
8 and 11.
9
CHAPTER 5 .
10 INTERCOUNTY DRAINAGE
DISTRICTS . AND INTERCOUNTY DRAINS
11 Sec. 101. (1)
Before any action is taken on any petition
12 to locate, establish
and construct any drain, which proposed
13 drain will traverse
lands in more than 1 county, or affect more
14 than 1 county, there
shall first be filed with the commissioner
15 having jurisdiction of
any such lands an application to lay out
16 and designate a
drainage district with reference to a proposed
17 drain therein; such application
shall tentatively describe the
18 location and route of
such proposed drain. The application shall
19 be signed by a number
of freeholders in said drainage district
20 whose lands would be
liable to an assessment for benefits, equal
21 to 50% of any of the
freeholders whose lands would be traversed
22 by the drain or drains
applied for or abut on any highway or
23 street along the side
of which such drain extends, between a
24 point where such drain
enters such highway and the point where it
25 leaves such highway
and which lands are within the drainage
26 district To initiate the establishment of a drainage
district
27 and the establishment and construction of a drain that will
1 traverse lands in more than 1 county or affect more than 1
2 county, a petition shall be filed with the drain commissioner of
3 1 of the counties. Subject to subsection (2), the petition shall
4 be signed by 5 landowners in the intercounty drainage district
5 whose lands would be liable to assessment for benefits or at
6 least 50% of the landowners if there are less than 5 landowners
7 whose lands would be liable to assessment or may be signed by
8 landowners representing 25% of the land area liable to
9 assessment. The drain commissioner shall determine the
10 eligibility of the
signers to such application shall be
11 determined by their
interest of record in the office of the
12 register of deeds, in
the probate court or in the circuit court
13 of the county in which
such lands are situated at the time such
14 petition is filed the petition based on their status as
15 landowners when the petition was filed.
16 (2) Instead of landowners, a public corporation may petition
17 for the establishment of a drainage district and the
18 establishment and construction of a drain when duly authorized by
19 its governing body, if the proposed drain is necessary for public
20 health, safety, or welfare in the public corporation and if the
21 public corporation will be liable for an assessment at large for
22 a percentage of the cost of the proposed drain. The entry of an
23 order of necessity under section 104 shall be considered a
24 determination of the sufficiency of the petition.
25 (3) The petition shall request the establishment of a
26 drainage district and the establishment and construction of a
27 drain and set forth the reasons for the request. The petition
1 may request that measures be undertaken which are intended both
2 to enhance or improve the natural resource values of the proposed
3 drain and which provide direct benefit to the designed function,
4 longevity, or hydraulic capacity of the proposed drain. The
5 petition may propose a location and route for the drain.
6 (4) The petition shall be accompanied by a description or tax
7 parcel number of the land in the proposed district owned by each
8 signer and by a certificate of the county treasurer of each
9 county where such land is located as to payment of taxes and
10 special assessments against the land in that county. The
11 certificate shall be in substantially the following form:
12 I hereby certify that there are no taxes or special
13 assessments unpaid against any of the lands described in the
14 annexed list according to the records of the county treasurer's
15 office for the preceding 3 years, except as follows:
16 Description Year Tax or assessment Amount
17 ................. ............ ..................... ........
18 (5) The name of any signer as to whose land the certificate
19 shows taxes or assessments unpaid for the preceding 3 years shall
20 not be counted. If it appears from the certificate that 33-1/3%
21 or more of the lands in the proposed drainage district have been
22 returned as tax delinquent and still remain delinquent, the
23 commissioner shall not take further action on the petition.
24 (6) If the petition shows, or it is determined thereafter,
25 that the proposed drain will affect lands in only 1 county, the
26 commissioner shall proceed under chapter 3.
1 Sec. 102. (1)
Upon filing of such application Not more
2 than 21 days after a petition is filed, the commissioner shall
3 within 20 days send a copy of such application the
petition
4 by registered first-class
mail to the state director of
5 agriculture and also to
the drain commissioner of each county
6 in which lie lands liable for assessment for benefits for the
7 construction of such proposed drain.
8 (2) The drain commissioners of such counties and the director
9 of agriculture or any
deputy designated by him shall be and
10 constitute the
drainage board shall constitute
the drainage
11 board. If at any time the drainage board determines that lands
12 should be added to the drainage district and if those lands are
13 located in a county whose drain commissioner is not a member of
14 the drainage board, the drainage board shall notify that drain
15 commissioner and he or she shall become a member of the drainage
16 board. If at any time the drainage board determines that all the
17 lands from a particular county that are part of the drainage
18 district should be deleted from the drainage district, the drain
19 commissioner from that county shall no longer be a member of the
20 drainage board.
21 (3) The director of agriculture shall serve as chairperson of
22 the drainage board and shall only vote if there is a tie. The
23 drainage board shall act by majority vote of the drainage board.
24 (4) The state
director of agriculture shall call a meeting
25 of such the
drainage board , which meeting shall be held not
26 less than 15 and not
more than 60 days from the receipt of such
27 notice. Such meeting
shall be held in the immediate locality of
1 the proposed drainage
district. Notices of such meeting shall be
2 posted in 5 public
places within the proposed drainage district
3 within each county,
and served on the county clerk of each county
4 and the supervisor of
each township within the proposed drainage
5 district personally or
by registered mail at least 10 days before
6 such public meeting.
A notice of such meeting shall be published
7 in each county
affected once a week for 2 consecutive weeks
8 before such meeting in
a newspaper of general circulation in such
9 county, if there is
one, the first publication to be at least 10
10 days before the
meeting as soon as practical but
not later than
11 63 days after the filing of a petition.
12 (5) At the meeting, the drainage board shall determine if the
13 petition filed meets the requirements of section 101. If the
14 drainage board determines that the petition meets the
15 requirements of section 101, the drainage board shall promptly
16 arrange for the preparation of a preliminary analysis. Except as
17 provided in subdivision (a), an engineer shall prepare the
18 preliminary analysis. The drainage board shall select the
19 engineer based on the engineer's qualifications. The preliminary
20 analysis shall describe a drain and drainage district to address
21 the reasons for a drain and drainage district set forth in the
22 petition. The preliminary analysis shall include all of the
23 following:
24 (a) A description of the drainage district by its boundaries
25 of streets or highways or tracts or parcels of land, or by a
26 description of all tracts or all parcels of land, including all
27 highways, townships, counties, cities, and villages which would
1 be benefited by the construction of the proposed drain. The
2 description of the drainage district may be prepared by a
3 surveyor.
4 (b) A proposed route and course for the drain.
5 (c) A proposed type of construction of the drain.
6 (d) An estimate of the cost of the proposed drain.
7 (6) Upon completion of the preliminary analysis, a copy of
8 the preliminary analysis shall be filed in the office of each
9 drain commissioner on the drainage board and the office of the
10 director of agriculture and made available for public
11 inspection. The drainage board shall also file the preliminary
12 analysis with the district office of the land and water
13 management division, department of environmental quality, for the
14 district where the project is located.
15 (7) As soon as practical but not later than 60 days after the
16 filing of the preliminary analysis, the director of agriculture
17 shall call a hearing of the drainage board.
18 (8) The hearing of the drainage board shall be called within
19 the drainage district at a convenient place to be designated by
20 the director of agriculture. The drainage board hearing also may
21 be held outside the drainage district at a suitable public
22 building anywhere within the city, village, or township in which
23 the drain is located or, if there is no such building, at any
24 suitable public building near the drainage district.
25 (9) Notice of the hearing of the drainage board shall be
26 given in the manner provided in section 8. To determine which
27 landowners may be subject to assessment and should be given
1 notice, the drain commissioner of each affected county shall
2 forward to the director of agriculture a tentative description of
3 the proposed drainage district within that county. The director
4 of agriculture shall prepare and file in his or her office and
5 with the drain commissioner of each affected county a composite
6 description of the lands in the drainage district.
7 (10) The drainage board shall arrange for a certified court
8 reporter, stenomask reporter, or court recorder to attend each
9 hearing of the drainage board and take a verbatim record of the
10 proceedings. If proceedings are initiated in the circuit court
11 under section 106 or 108, the drainage board shall promptly
12 request the reporter or recorder to furnish a transcript of the
13 proceedings to the court. Upon request of the drainage board,
14 the reporter or recorder shall promptly furnish the transcript to
15 the court.
16 (11) The drainage board shall meet at the time and place
17 specified in the notice.
18 Sec. 103. Upon
convening said meeting the state director
19 of agriculture or any
deputy selected by him shall act as
20 chairman. The said
drainage board shall consider such
21 application, and
determine the sufficiency of the signatures
22 thereto, and shall go
over the route of said proposed drain and
23 take testimony to
determine its practicability. All persons
24 owning lands liable to
assessment for benefits or whose lands
25 shall be crossed by
said drain or any municipality affected may
26 appear for or against
said drain proceedings. If at said meeting
27 or at any subsequent
time before the entry of the order
1 designating a drainage
district, they shall determine that the
2 drainage of the
proposed drain area is not practical, no further
3 action shall be taken
thereon within 1 year. If said proposed
4 drain is determined to
be practical, then the drainage board
5 shall cause a survey
thereof to be made by a competent surveyor
6 or engineer to
ascertain the area which would be drained by the
7 proposed drain, and
the route and type of construction of drain
8 or drains most
serviceable for that purpose.
9 (1) The drainage board shall do all of the following at the
10 hearing:
11 (a) Elect a secretary.
12 (b) Receive testimony and evidence on whether the drain is
13 necessary and conducive to the public health, safety, or welfare
14 or for agriculture.
15 (c) Consider the preliminary analysis.
16 (2) Following the receipt of testimony and evidence and
17 consideration of the preliminary analysis, the drainage board
18 shall determine 1 of the following:
19 (a) That the proposed drain is necessary and conducive to
20 public health, safety, or welfare or for agriculture.
21 (b) That the proposed drain is not necessary and conducive
22 to public health, safety, or welfare or for agriculture.
23 (c) That the drain is practical, but that additional
24 information is needed to determine whether the drain is necessary
25 and conducive to the public health, safety, or welfare or for
26 agriculture, or to determine the boundaries of the drainage
27 district. If the drainage board finds that the drain is
1 practical, it shall receive testimony and evidence on the extent
2 of the lands proposed to be served by the drain and determine the
3 boundaries of the tentative drainage district, which lands will
4 be subject to assessment for costs incurred by the drainage board
5 in gathering the requested additional information, if the drain
6 is subsequently determined not necessary.
7 (d) Preliminarily determine the percentages of the cost of
8 establishing the district and constructing the drain that each
9 county will bear. The counties affected shall pay the costs
10 described in section 302 as provided in that section.
11 Sec. 103a. (1) After the drainage board determines the
12 drain practical and establishes a tentative drainage district, it
13 shall recess to allow for the gathering of the additional
14 information and shall enter an order of practicality, which order
15 shall specify:
16 (a) The information from within section 110 which is needed,
17 and
18 (b) The boundaries of the tentative drainage district.
19 (2) If during the gathering of the additional information the
20 drainage board determines that the drain is not practical, it
21 shall reconvene. Notice of the reconvened drainage board shall
22 be pursuant to section 8 and shall specify the determination by
23 the drainage board and the reasons therefor.
24 (3) At the hearing of the reconvened drainage board under
25 subsection (2), the board shall do the following:
26 (a) Receive testimony and evidence as to the drainage board's
27 determination.
1 (b) Determine to complete the gathering of the additional
2 information or find the drain is not necessary and conducive to
3 the public health, safety, or welfare or for agriculture and
4 order the costs assessed pursuant to the tentative drainage
5 district.
6 (4) If the reconvened drainage board determines to complete
7 the gathering of the additional information, it shall gather the
8 additional information.
9 (5) After gathering the additional information, the drainage
10 board shall reconvene. The director of agriculture shall give
11 notice of the reconvening of the drainage board in the manner
12 provided in section 8. At the reconvened hearing, the drainage
13 board shall do all of the following:
14 (a) Receive and consider the additional information.
15 (b) Receive testimony and evidence on whether the drain is
16 necessary and conducive to the public health, safety, or welfare
17 or for agriculture.
18 (c) Determine whether or not the drain is necessary and
19 conducive to the public health, safety, or welfare or for
20 agriculture.
21 (6) If the reconvened drainage board finds the drain is
22 necessary and conducive to the public health, safety, or welfare
23 or for agriculture, it shall proceed and make such orders as set
24 forth in section 105.
25 (7) If the reconvened drainage board finds the drain is not
26 necessary and conducive to the public health, safety, or welfare
27 or for agriculture, it shall enter an order to that effect and
1 costs shall be apportioned to the tentative drainage district as
2 provided in chapter 7 as if the drain had been constructed.
3 Sec. 104. The
surveyor or engineer authorized to make the
4 survey shall ascertain
the size and depth of the drains, and
5 shall preserve all
minutes with reference thereto. He shall
6 prepare plans,
drawings and profiles thereof, together with a
7 computation of the
yards of earth to be excavated, and where
8 practicable the
leveling of the spoil banks or the amount of tile
9 or pipe to be used and
the necessary bridges and culverts or
10 fords to be built in
constructing the proposed drains, and his
11 estimate of the cost
of such construction. He shall thereupon
12 lay out a proposed
drainage district, which district may be
13 described by its
boundaries of streets and highways or tracts or
14 parcels of land or by
a description of all tracts or parcels of
15 land, including
therein all highways, townships, counties, cities
16 and villages which
would be benefited by the construction of the
17 proposed drain, all of
which he shall deliver to the drainage
18 board. The surveyor
or engineer shall not be limited to the
19 route described in the
application, but may recommend a route and
20 type of construction
for the drains he considers most serviceable
21 for draining the area
involved.
22 (1) If the drainage board by majority vote finds the drain
23 is necessary and conducive to the public health, safety, or
24 welfare or for agriculture, either at the first hearing or
25 following a reconvened hearing pursuant to section 103a, the
26 drainage board shall:
27 (a) Receive testimony and other evidence on the extent of the
1 lands proposed to be served by the drain and determine the
2 boundaries of the drainage district. If the drainage board at
3 any time finds that the drain would serve lands in only 1 county,
4 the drainage board shall file an order to that effect and refer
5 the petition to the drain commissioner of that county for
6 proceedings under chapter 3.
7 (b) Designate a preliminary name for the drain and drainage
8 district.
9 (c) Determine whether a portion of the costs of construction
10 of the proposed drain is necessary for the public health, safety,
11 or welfare or for agriculture in 1 or more public corporations
12 and identify those public corporations.
13 (2) If it appears to the drainage board at any time that the
14 drainage district may include lands whose landowners were not
15 sent notice of the hearing in the manner provided in section 8,
16 the drainage board shall enter a finding to that effect
17 identifying the additional lands and file the finding with the
18 director of agriculture. The drainage board shall recess the
19 hearing. The director of agriculture shall promptly give notice
20 of the pending reconvened hearing to the landowners of the
21 additional lands and all other persons entitled to notice under
22 section 8, in the manner provided in section 8 and shall call the
23 drainage board to reconvene.
24 Sec. 105. The
chairman of the drainage board shall
25 thereupon prepare an
order designating a drainage district,
26 giving it a name or
number and describe therein the drainage
27 district by its
boundaries of streets and highways or tracts or
1 parcels of land or by
a description of all tracts or parcels of
2 land included therein
and the counties, townships, cities,
3 villages and state
trunk line highways including therein all
4 highways, townships,
counties, cities and villages, which would
5 be benefited by the
construction of such drain and would be
6 liable to an
assessment therefor; also a description of the drain
7 according to the plans
and specifications prepared by the
8 surveyor or engineer
and determined by the drainage board,
9 showing the beginning,
route, terminus, type of construction and
10 the estimated cost of
the construction. Notice of filing of the
11 order shall be given
by the state director of agriculture by
12 publishing a notice in
a newspaper in each county affected, once
13 in each week for 2
successive weeks, which notice shall give a
14 general description of
the route of the drain and of the drainage
15 district as shown by
the order. A copy of the order shall within
16 10 days be filed by
the state director of agriculture in the
17 office of the county
drain commissioner of each county in which
18 lie lands included in
the district.
19 At
any time after the order designating an intercounty
20 drainage district,
giving it a name or number, has been filed in
21 the offices of the
county drain commissioners of the counties
22 within the district,
the order may be amended as to the name or
23 number of the drain by
a written request of a drain commissioner
24 of 1 of the counties
traversed by the drain, which request shall
25 state the then present
name or number of the drain and the change
26 to be made in the name
or number. Upon filing of the request,
27 the drain commissioner
shall mail a copy of the request, to the
1 state director of
agriculture and also to the drain commissioner
2 of each county in
which lie lands liable for assessments for the
3 drain. The state
director of agriculture shall call a meeting of
4 the drainage board and
if, in the opinion of the drainage board,
5 it is found advisable
to change the name or number of the drain,
6 they shall file an
order designating such change. The drainage
7 board shall also
designate the number of signs to be posted upon
8 the drain as they may
deem advisable for public notice of the new
9 name or number.
Copies of the order changing the name or number
10 of the drain shall be
filed with the drain commissioner and the
11 county treasurer of
each county liable for assessments of such
12 drain. If the
commissioners of the counties affected cannot
13 agree as to the
apportionment of costs for laying out a drainage
14 district, the director
of agriculture or any deputy appointed by
15 him shall apportion
the costs and the counties affected shall pay
16 the same as provided
in section 302 of this act.
17 (1) If the drainage board by a majority vote finds the drain
18 is necessary and conducive to the public health, safety, or
19 welfare or for agriculture, either at the first hearing or
20 following a reconvened hearing pursuant to section 103a, the
21 drainage board shall enter an order of necessity and file the
22 order of necessity with the director of agriculture.
23 (2) The order of necessity shall specify:
24 (a) The finding of necessity.
25 (b) The boundaries of the drainage district.
26 (c) The public corporations determined liable for assessment
27 at-large for a portion of the costs of the drain for public
1 health, safety, or welfare.
2 (3) The drainage board shall not determine the scope of the
3 project in the order of necessity or at the hearings pursuant to
4 sections 102 and 103a. The scope of the project is within the
5 sole authority of the drainage board in consultation with its
6 engineers or other qualified professionals.
7 Sec. 106. If the
drain commissioner of a county involved
8 considers the
apportionment between the counties to be unfair,
9 the commissioner shall
have the right to have the apportionment
10 reviewed by an
arbitration board to be composed of drain
11 commissioners from
unaffected counties in this state. Within 20
12 days after the order
of apportionment provided in section 105,
13 the commissioner shall
file with the department of agriculture a
14 claim for review by
arbitration in which the commissioner shall
15 state briefly in what
respect he or she considers the
16 apportionment unfair
and request, over the commissioner's
17 official signature, a
review by arbitration. The commissioner
18 shall nominate a
disinterested drain commissioner as his or her
19 choice for the
arbitration board. Upon receipt of the claim for
20 review by arbitration,
the director of the department of
21 agriculture or the
director's deputy shall forward to each county
22 drain commissioner
involved, except the claimant, within 10 days,
23 a copy of the claim
for review by arbitration. The
24 commissioners, within
10 days, shall notify the department of
25 agriculture of their
selection to the arbitration board. The
26 director of the
department of agriculture, at the earliest date,
27 consistent with Act
No. 267 of the Public Acts of 1976, but not
1 later than 30 days
after the notice, shall notify the chosen
2 drain commissioners of
a date and time they shall meet in the
3 commissioner's office
in Lansing. At the meeting they shall
4 select 1 or 2 more
unaffected drain commissioners in the state to
5 complete the board of
review. Only 1 shall be selected if the
6 board members selected
by the drain commissioners affected
7 constitute an even
number and 2 shall be selected if the board
8 members selected by
the drain commissioners affected constitute
9 an odd number. Upon
selection of the final members of the board
10 of review, those
members present shall set a date, time, and
11 place in an affected
county for a first full meeting of the board
12 of review. Notice of
the meeting shall be posted in 5 public
13 places in each county
affected and be served personally or by
14 registered mail at
least 10 days before the meeting on the county
15 clerk of the county
and the supervisor of a township in each
16 county traversed by
the drain. A notice of the meeting shall be
17 published once a week
for 2 consecutive weeks before the meeting
18 in a newspaper
published and of general circulation in the
19 counties affected.
The first publication is to be at least 10
20 days before the
meeting. The director of the department of
21 agriculture shall
notify the 1 or 2 drain commissioners selected
22 of their appointment
and of the date, time, and place of the next
23 meeting of the full
board. The board of arbitration shall
24 convene at the time,
date, and place specified, elect a
25 chairperson and
secretary, and review the fairness of the
26 apportionment between
the counties. The board may adjourn until
27 their review is
completed. The findings shall be made and signed
1 by all the members
attesting the determination of the majority of
2 the board and the
determination by the majority of the board
3 shall be final and
conclusive as to the fairness of the
4 apportionment. Within 7 days after the order of necessity is
5 filed, the drainage board shall notify by first-class mail each
6 public corporation identified in the order of necessity as
7 receiving benefits at-large for public health, safety, or welfare
8 that it is liable to pay a percent of the cost of construction of
9 the drain for benefits for public health, safety, or welfare.
10 The governing body of the public corporation, within 21 days
11 after mailing of the notification from the drainage board, may
12 appeal the order of necessity as to the finding that all or a
13 portion of the costs is necessary for public health, safety, or
14 welfare. The appeal shall be filed with the circuit court in the
15 county in which the territory of the public corporation is
16 located.
17 Sec. 107. If the drainage board finds that the drain is not
18 necessary and conducive to the public health, safety, or welfare
19 or for agriculture, all of the following apply:
20 (a) The drainage board shall file with the director of
21 agriculture an order of no necessity rejecting the petition.
22 (b) Costs shall be paid as apportioned amongst the counties
23 as determined in section 103 and pursuant to chapter 7 as if the
24 drain had been constructed.
25 (c) A new petition for the drain shall not be filed within 1
26 year after the filing of the order of no necessity.
27 Sec. 108. After the drainage board files an order of no
1 necessity or files an order of necessity, a public corporation or
2 other person feeling aggrieved by the order may institute an
3 action in a circuit court for any county in which the drainage
4 district is located for a review of the order. The action shall
5 be filed within 14 days after the filing of the order. The
6 circuit court shall determine whether the order was authorized by
7 law and supported by substantial, material, and competent
8 evidence on the whole record. The review shall be made on the
9 record presented to the drainage board and no additional
10 testimony or information shall be offered except for purposes of
11 claim of fraud or error of law. After the review of the record,
12 the court may remand the matter to the drainage board and order
13 the drainage board to reconvene for purposes of securing
14 additional testimony and evidence on issues which the court
15 considers necessary to render its decision on the appeal.
16 Following the hearing on remand, the record shall be transmitted
17 to the court for hearing and decision.
18 Sec. 109. (1) After the order of necessity is filed, the
19 drainage board, subject to subsection (2), shall execute a first
20 order of determination and file the first order of determination
21 with the director of agriculture. The first order of
22 determination shall do all of the following consistent with the
23 order of necessity:
24 (a) Establish the drainage district and give it a name or
25 number.
26 (b) Describe the drainage district by its boundaries or by a
27 description of all the land that would be benefited by the
1 construction of the drain and would be liable to assessment
2 therefor, including the counties, townships, cities, and
3 villages; roadways; and parcels of land identified by legal
4 description or tax code parcel number.
5 (c) Describe the beginning, route, terminus, type of the
6 proposed construction, and the estimated cost of such proposed
7 construction.
8 (d) Review and establish the percentages of the whole cost
9 of construction which each county shall bear, as preliminarily
10 determined under section 103, and determine the number of
11 installments in which the drain special assessments shall be
12 collected.
13 (2) If a drain commissioner considers the apportionment
14 between the counties to be unfair, the commissioner shall request
15 the director of agriculture to review the apportionment and make
16 a recommendation of an apportionment between the counties. If
17 the recommendation is not adopted by majority vote, or if the
18 recommendation is adopted and a drain commissioner finds that the
19 apportionment is unfair, it may be reviewed pursuant to
20 subsection (3).
21 (3) If a drain commissioner considers the apportionment
22 between the counties to be unfair, the commissioner may have the
23 apportionment reviewed by an arbitration board composed of
24 disinterested drain commissioners. Within 21 days after the
25 filing of the order of necessity under section 105, the
26 commissioner shall file with the director of agriculture a signed
27 claim for review by arbitration in which the commissioner shall
1 state briefly in what respect he or she considers the
2 apportionment unfair and request a review by arbitration. The
3 commissioner shall select a disinterested drain commissioner to
4 be a member of the arbitration board. Not more than 14 days
5 after receipt of the claim for review by arbitration, the
6 director of agriculture shall forward to the drain commissioner
7 of each county to which a percentage of benefits has been
8 apportioned, except the claimant, a copy of the claim for review
9 by arbitration. Each such commissioner shall select 1
10 disinterested drain commissioner to be a member of the
11 arbitration board and, within 14 days, shall notify the
12 department of agriculture of his or her selection. The director
13 of agriculture, at the earliest date consistent with the open
14 meetings act, 1976 PA 267, MCL 15.261 to 15.275, but not later
15 than 28 days after the notice, shall notify the selected drain
16 commissioners of a date and time they shall meet in the office of
17 the director of agriculture in Lansing. At the meeting, they
18 shall complete the arbitration board by selecting 1 or 2 more
19 disinterested drain commissioners, as appropriate so the
20 arbitration board has an odd number of members.
21 (4) Upon selection of the final members of the arbitration
22 board, those members present shall set a date, time, and place in
23 an affected county for a first full meeting of the arbitration
24 board. Notice of the meeting shall be served personally or by
25 first-class mail at least 14 days before the meeting on the
26 county clerk of each affected county and the clerk of each
27 township in each affected county. The arbitration board shall
1 publish a notice of the meeting once a week for 2 consecutive
2 weeks before the meeting in a newspaper published and of general
3 circulation in the counties affected. The first publication
4 shall be at least 14 days before the meeting. The director of
5 agriculture shall notify the drain commissioners selected of
6 their appointment and of the date, time, and place of the next
7 meeting of the arbitration board.
8 (5) The arbitration board shall convene at the time, date,
9 and place specified, take testimony from the affected parties,
10 elect a chairperson and secretary, and review the fairness of the
11 apportionment between the counties. The arbitration board may
12 adjourn until the review is completed. The findings shall be
13 made and signed by all the members attesting the determination of
14 the majority of the arbitration board, and the determination by
15 the majority of the arbitration board is final and conclusive as
16 to the fairness of the apportionment. Commissioners so appointed
17 shall be compensated in the same amount and manner as members of
18 the county board of commissioners in their respective counties.
19 Other costs of the arbitration board shall be borne by the
20 district.
21 (6) If an appeal is not filed, the drainage board shall
22 satisfy the requirements of subsection (1) upon the expiration of
23 the appeal periods under section 106 and, if applicable, 108. If
24 an appeal is filed, the drainage board shall satisfy the
25 requirements of subsection (1) after the appeal procedures are
26 terminated.
27 Sec. 110. After the drainage board files the first order of
1 determination, it shall secure the services of an engineer and
2 arrange for the preparation of an engineering analysis. The
3 drainage board shall select the engineer based on the engineer's
4 qualifications. The engineering analysis shall describe a drain
5 and drainage district to address the reasons for a drain and
6 drainage district set forth in the petition and in the evidence
7 and testimony received at the hearing of the drainage board.
8 Except as provided in subdivisions (e) and (j), the engineering
9 analysis shall be prepared by an engineer and shall include all
10 of the following:
11 (a) Hydrologic and hydraulic report that includes, but is not
12 limited to, a discussion of the present drainage characteristics
13 and the impacts of the proposed project on flooding
14 characteristics downstream of the drainage district.
15 (b) Recommended route and course.
16 (c) An existing and proposed profile of the recommended route
17 and course.
18 (d) Description of the recommended work including crossings,
19 structures, and facilities.
20 (e) A description of the drainage district by its boundaries
21 of streets or highways or tracts or parcels of land, or by a
22 description of all tracts or all parcels of land, including all
23 highways, townships, counties, cities, and villages which would
24 be benefited by the construction of the proposed drain. The
25 description of the drainage district may be prepared by a
26 surveyor.
27 (f) An estimate of the cost of construction of the engineer's
1 recommendation.
2 (g) A description of alternatives considered.
3 (h) An analysis of the effectiveness of the proposed project
4 to address the conditions that it is intended to remedy, create,
5 or enhance.
6 (i) A maintenance plan for the drain.
7 (j) An evaluation of the impacts of the project on natural
8 resources that identifies appropriate practical measures to
9 minimize adverse effects. The evaluation need not be part of the
10 engineering analysis and may instead be prepared by a
11 commissioner or another qualified professional.
12 (k) Any other information requested by the drainage board.
13 Sec. 111. (1) The engineer shall prepare final plans,
14 specifications, and an estimate of costs of the proposed drain.
15 The commissioner shall secure from the engineer or a surveyor a
16 description of the lands or rights-of-way needed for the proposed
17 drain. In approving the route of the drain as furnished by the
18 engineer, the drainage board is not limited to that described in
19 the petition or in the first order of determination, if the new
20 route is more efficient and serviceable.
21 (2) If the drainage board determines that the drain is
22 necessary and conducive to the public health, safety, or welfare
23 or for agriculture, the drainage board shall convene a meeting
24 under section 112 to provide information or elicit information
25 and testimony with regards to the route and type of construction
26 and estimate of cost of the drain to assist the drainage board in
27 determining the scope of the drain project to be undertaken by
1 the board. The meeting is for informational purposes only.
2 (3) The drainage board shall obtain any permits required
3 under the natural resources and environmental protection act,
4 1994 PA 451, MCL 324.101 to 324.90106. All costs associated with
5 evaluating natural resource impacts and implementing the measures
6 to minimize those impacts shall be the responsibility of the
7 drainage district.
8 (4) Measures that are intended to enhance or improve natural
9 resource values but that will not provide benefit to the designed
10 function, longevity, or hydraulic capacity of the drain may be
11 included as part of the drainage project in the discretion of the
12 drainage board. The funding for such measures may only include
13 gifts, donations, grants, contracts pursuant to section 431,
14 special assessments other than special assessments under this
15 act, or any combination thereof, as considered appropriate by the
16 drainage board.
17 (5) If the proposed drain is located in a watershed
18 management district for which a watershed management plan has
19 been adopted under section 595, the drainage board shall
20 undertake the establishment and construction of the drain,
21 including, but not limited to, measures to improve or enhance the
22 natural resource values, consistent with the watershed management
23 plan.
24 (6) If, after the receipt of the plans, specifications,
25 estimate of cost, and descriptions of the lands or rights-of-way
26 needed for the proposed drain, the drainage board determines that
27 the project is not feasible, it shall notify the landowners and
1 public corporations in the district by first-class mail of the
2 intent to reject the petition. The notice shall specify the
3 reasons for the proposed rejection. The notice shall also
4 specify a time, date, and place for a public hearing to hear
5 objections to the rejection of the petition. At the public
6 hearing, the drainage board shall elicit testimony and evidence
7 with regards to the proposed rejection. Following the receipt of
8 testimony, the drainage board shall determine whether or not the
9 petition should be rejected. If, after hearing testimony, the
10 drainage board determines to reject the petition, it shall enter
11 an order of rejection and apportion all costs incurred to the
12 district as if the project had been built and the costs will be
13 subsequently assessed and paid as provided in chapter 7. An
14 order of rejection does not limit the right to file a subsequent
15 petition.
16 Sec. 112. (1) Upon completion of the engineering analysis,
17 pursuant to section 110 the drainage board shall file a copy of
18 the engineering analysis in the office of the director of
19 agriculture and the office of each drain commissioner on the
20 drainage board and shall convene a hearing to present and receive
21 testimony and other evidence on the engineering analysis and the
22 project proposed to be undertaken. The drainage board shall give
23 notice of filing of the engineering analysis and of the hearing
24 in the manner provided in section 8. The notice shall give all
25 of the following information:
26 (a) A general description of the drainage district.
27 (b) The name or number of the drainage district.
1 (c) A general map or description of the drainage district as
2 described in the engineering analysis or a general description of
3 the boundaries of that drainage district by municipal boundaries,
4 roadways, or parcels or tracts of land.
5 (d) A general description of the route and type of
6 construction and the estimated cost of the engineer's
7 recommendation.
8 (2) The drainage board shall consider the testimony and
9 other evidence offered at the public hearing under subsection (1)
10 and decide the route and course, type of construction, and other
11 features of the drain.
12 Sec. 113. (1) Unless the drainage board determines to
13 reject the petition under section 111(6), the drainage board
14 shall proceed to acquire property for the drain under section 7.
15 (2) After acquiring property necessary for the drain, the
16 drainage board shall prepare and promptly file in the office of
17 the director of agriculture a final order of determination
18 establishing the drain.
19 (3) The apportionment and review of benefits, the letting of
20 contracts, and the levy and collection of drain special
21 assessments for the drain shall be as provided in chapters 7, 9,
22 and 11.
23 Sec. 114. A full record of the drain shall be made and
24 entered by the director of agriculture and several commissioners
25 in the drain records of their respective counties, and a copy of
26 all the records relative to the establishment and construction of
27 the drain shall be delivered to the other commissioners and the
1 director of agriculture by the commissioner having the original
2 application or petition, which copies shall be filed in the
3 office of the director of agriculture and the county drain
4 commissioner of the respective counties as original records are
5 required to be filed and with the same force and effect.
6 Sec. 115. The drainage board, acting on behalf of the
7 drainage district, may borrow money and may issue bonds or notes
8 therefor as provided for drains lying wholly within 1 county.
9 The bonds or notes shall be signed by the members of the drainage
10 board and shall be countersigned by the clerks of the counties
11 affected. Bonds or notes issued under this chapter are payable
12 at the office of the county treasurer selected by the drainage
13 board to serve as the treasurer of the drainage district. The
14 bonds or notes shall be deposited and safely kept by the
15 treasurer until sold and delivered. All installments, with
16 interest thereon, of the special assessments shall be transmitted
17 as collected by the treasurer or treasurers of the other county
18 or counties concerned to the treasurer of the drainage district,
19 who shall issue a receipt therefor and shall place the money in
20 the fund of the drain to be disbursed solely for the retirement
21 of the bonds or notes at maturity and the payment of interest
22 thereon.
23 Sec. 116. If a proposed drain lies wholly or partly in an
24 adjoining state, or the lands to be drained thereby lie partly in
25 an adjoining state, a petition to establish a drainage district
26 and establish and construct a drain as specified in this act may
27 be made to any commissioner representing any county in this state
1 in which any portion of the proposed drain or lands to be
2 affected thereby lie, and the same proceedings shall be had
3 regarding the portion of the drain or the lands to be drained or
4 affected thereby lying within this state as are provided in this
5 act for drains and lands lying wholly within this state.
6 However, before any expense is incurred in relation to the
7 proposed drain, a voluntary release of the right-of-way to
8 construct the drain or portion of the drain that lies without
9 this state and an agreement to keep it or permit it to be kept,
10 clear from obstruction shall first be obtained from the parties
11 owning lands outside of this state through which the drain or
12 portion thereof is to pass, and such release and agreement shall
13 be filed with the said drain commissioner and shall form a part
14 of the record of his or her proceedings in the premises.
15 Sec. 117. An action involving an intercounty drain may be
16 brought in the circuit court of a county in which a part of the
17 intercounty drainage district is established, subject to the
18 Michigan rules of court.
19
CHAPTER 7 .
20
APPORTIONMENT AND REVIEW .
21 Sec. 151. (1)
Upon the release of the right-of-way and
22 damages, or upon the
determination and return of the special
23 commissioners after the drain commissioner, for a county drain,
24 or drainage board, for an intercounty drain, acquires
25 rights-of-way or easements, the commissioner or drainage board
26 shall make his the
final order of determination establishing
27 the drain. ,
which The drain shall project may be divided
1 into convenient
sections for the letting of contracts:
2 Provided, That the
commissioner may let the drain in sections or
3 as a whole. Said for the purpose of letting contracts. The
4 order of determination shall be filed with the county drain
5 commissioner within 5
not more than 7 days after such the
6 order is made. He
shall, before
7 (2) The drain commissioner, for a county drain, or drainage
8 board, for an intercounty drain, may amend a final order of
9 determination by changing the name or number of the drain or the
10 boundaries of the district if there is filed with the drain
11 commissioner or drainage board a petition signed by not less than
12 5 landowners whose land is traversed by the drain, stating the
13 then present name or number of the drain and the change or
14 changes to be made in the name or number of the drain or the
15 boundaries of the district. A petition to change the boundaries
16 of the drainage district shall be accompanied by a certification
17 from an engineer or surveyor. If in the drain commissioner's or
18 drainage board's opinion it is to the best interest of all
19 concerned that the name or number of the drain or the lands be
20 changed, the drain commissioner or drainage board shall make an
21 order amending the name, number, or district boundaries, and
22 thereafter the drainage district shall be known by the name or
23 number and the boundary shall be as set forth in the amended
24 order. If such an order is made, the drain commissioner or
25 drainage board shall provide notice of such a change in the
26 manner provided in section 8 to the drainage district and convene
27 a day of review of apportionments.
1 (3) Before the
day of letting and review of
2 apportionments, the drain commissioner or drainage board shall
3 fix the number of installments for the collection of drainage
4 taxes assessments and apportion the per cent percent
of the
5 cost of construction of such
drain which any township, city or
6 village traversed or
benefited thereby shall be the
drain that
7 any city, village, or township is liable to pay by reason of the
8 benefit to the public
health, convenience safety, or welfare,
9 or as the means of
improving any highway under the control of
10 such township, city or
village. He shall apportion the per cent
11 of the cost of
construction of such drain which any highway then
12 under the control of
the county or district road commissioners,
13 shall be liable to pay
by reason of benefits therefor, and as the
14 means of improving
such highway. He shall also apportion the per
15 cent of the cost of
construction of such drain which any state
16 trunk line highway,
under the control of the state highway
17 commissioner, shall be
liable to pay by reason of benefits
18 therefor and as the
means of improving said highway. He that
19 any municipality or the state transportation department is liable
20 to pay by reason of benefits to or contributions from a roadway.
21 (4) For a county drain, the drain commissioner shall also
22 apportion the per
cent percent of benefits to accrue to any
23 piece or parcel of land including lands owned by any public
24 corporation by reason of the construction, maintenance, or
25 improvement of such the
drain over and above the per cent
26 percent apportioned to
any township, city or village at large
27 public corporation or to
any highway roadway as above
1 provided. Such per
cent For an intercounty drain, the drain
2 commissioner for each county in which lands subject to assessment
3 for the drain are located shall so apportion the percent of
4 benefits to accrue to those lands. The percent so apportioned
5 when finally approved
shall be assessed against such townships,
6 cities and villages
and against the county at large by reason of
7 the improvement of the
highways within the drainage district, and
8 against the state by
reason of the improvement of the state trunk
9 line highways within
such drainage district, and against all
10 parcels of land
therein according to such the
apportionment of
11 benefits. as
herein provided. The apportionment of benefits so
12 made shall be and addition of lands to the drainage district are
13 subject to review and correction and may be appealed from as
14 provided in this act.
provided. The board of supervisors
15 commissioners at its October meeting each year shall make
16 provision by proper assessment of the amounts apportioned against
17 any highway under the
control of the county and district highway
18 commissioners county road.
19 Sec. 152. (1)
All apportionments of benefits under the
20 provisions of this act
shall be upon the principle of Each
21 apportionment shall be based upon benefits derived. All
22 descriptions
23 (2) If the act or omission of a person increases or reduces
24 the need for maintenance or improvement of the drain, the drain
25 commissioner may consider the act or omission in making the
26 apportionment.
27 (3) A description of
land under the provisions of this act
1 shall be made by giving the legal subdivision thereof, whenever
2 practicable, and when the tract of land which is to be benefited
3 or affected by such a
drain is less than such a legal
4 subdivision, it may be described by designation of the lot or a
5 part of a lot or other
boundaries, or in some way. by which it
6 may be known. If the drain commissioner retains in his or her
7 office a detailed description, map, or other specification that
8 designates a parcel or portion of a parcel to be benefited by the
9 drain, the commissioner, instead of providing a specific
10 description of the parcel, may designate the parcel by use of the
11 parcel's tax parcel identification number.
12 (4) The apportionment of benefits for state trunkline
13 highways must be paid pursuant to section 14a of 1951 PA 51, MCL
14 247.664a.
15 Sec. 153. Such The
final order of determination shall
16 contain a description of the district to be assessed for benefits
17 in the construction of said
the drain, either by boundaries or
18 by description or tax parcel identification number of the several
19 tracts or parcels of land
to be assessed. , which said The
20 tracts or parcels and the county, townships, cities, villages,
21 and highways roadways
therein shall constitute the special
22 assessment district.
, and which district shall in said order be
23 designated the final order of determination shall designate
the
24 district by name or number.
25 Sec. 154. (1) The
commissioner A commissioner responsible
26 for apportionment of benefits for a county or intercounty drain
27 shall give notice under section 8 of a time and place for the
1 meeting for the review of the apportionments made by that
2 commissioner. The meeting shall be held not less than 7 or more
3 than 28 days after the date set for the receiving of bids for
4 the construction of the drain. and for the
holding of a public
5 meeting. At the
meeting a review shall be made of the
6 apportionment of
benefits. The notice shall specify the time and
7 place of receiving
bids, and the time and place of the meeting
8 for review of
apportionment. The meeting shall be not less than
9 5 nor more than 30
days after the date set for receiving bids.
10 The notice shall be
given by publication of at least 2 insertions
11 in a newspaper
published and of general circulation in the
12 county. The first
publication shall be at least 10 days before
13 the date set for
receiving bids. The drain commissioner shall
14 send notice by first
class mail of the time, date, and place of
15 the meeting, at least
10 days before the date of the meeting, to
16 each person whose name
appears upon the last city or township tax
17 assessment roll as
owning land within the special assessment
18 district, at the
address shown on the roll. If an address does
19 not appear on the
roll, then notice need not be mailed to the
20 person. The drain
commissioner shall make an affidavit of the
21 mailing and shall
recite in the affidavit that the persons to
22 whom the notice was
mailed, constitute all of the persons whose
23 names and addresses
appear upon the tax rolls as owning land
24 within the particular
special assessment district. The affidavit
25 shall be conclusive
proof that notice was mailed to each person
26 to whom notice is
required to be mailed. If notice has been sent
27 by first class mail as
provided in this section, the failure to
1 receive notice by mail
shall not constitute a jurisdictional
2 defect invalidating a
drain proceeding or tax. If the
board of
3 determination determines that the drain is necessary for the
4 protection of the public health, safety, or welfare and that the
5 whole cost of the drain, except that part which may be
6 apportioned to roadway authorities for benefits to highways,
7 shall be apportioned to municipalities
public corporations,
8 then mailing of individual notices to persons owning land within
9 the special assessment district as provided in this section
10 shall not be is not required.
11 (2) The notice
shall also contain the names of the
12 counties, cities,
townships, or villages to be assessed at large,
13 and shall be personally
served on the county clerk and 1 or more
14 members of the road
commission of a county or road district, the
15 supervisor of a
township, the mayor of a city, and the president
16 of a village to be
assessed at large. The notice shall contain a
17 description of the
land constituting the special assessment
18 district for the
drain. The description may be stated by
19 designating the
boundaries of the special assessment district by
20 streets, highways,
parcels, or tracts of land or by describing
21 the tracts or parcels
of land constituting the district. A tract
22 or parcel need not be
subdivided beyond the point where the whole
23 of the tract or parcel
is within the drainage district or to
24 describe the drain
further than by reference to it by its name or
25 number. The notice
shall also state the number and length of
26 sections, the average
depth and width of each section, and in
27 case of closed drains,
the amount and specifications of all tile
1 or pipe required. The
notice shall contain the location, number,
2 type, and size of all
culverts and bridges and the conditions
3 upon which the
contract will be awarded. The notice need not
4 contain minutes of
survey or table of cuttings which shall be
5 kept on file in the
office of the drain commissioner.
6 (2) (3)
Bids shall be received and computation of the total
7 cost of the drain
shall be made before the time set for A
day of
8 review shall be held for all projects undertaken as a result of a
9 petition and an order of necessity or as a result of an order of
10 determination under section 423. Before the review of the
11 apportionment, and the
drain commissioner, for a county drain,
12 or drainage board, for an intercounty drain, shall prepare a
13 computation of the total cost of the drain project including the
14 items listed in section 261. The computation shall be open to
15 inspection. If the computation is not completed before the day
16 of review, the review may be adjourned from time to time, not
17 more than 20 21
days in all, for the completion of the
18 computation, or a new hearing may be called with similar notice,
19 by publication and
service at least 10 14 days before the
20 hearing. If the contracts on which the computation was based are
21 not executed and new
contracts shall will be let at a higher
22 price, a corrected computation shall be made and a new review
23 held with a similar notice. At the time and place fixed in the
24 notice, or at another time and place to which the county drain
25 commissioner may adjourn the hearing, the apportionment of
26 benefits and the lands comprised within the special assessment
27 district shall be subject to review for at least 1 day. The
1 review shall be held open from 9 a.m. until 5 p.m. On the day of
2 review, the county clerk or the county road commission may appear
3 on behalf of the county
or a road district; the supervisor or
4 commissioner of
highways of a township may appear on
behalf of a
5 township; the mayor or an officer of the city designated by the
6 mayor may appear for a city; the president may appear on behalf
7 of a village; and a designated official may appear on behalf of
8 any other public corporation. At the review, the county drain
9 commissioner shall hear the proofs and allegations and shall
10 carefully reconsider and review the description of land comprised
11 within the special assessment district, the several descriptions
12 and apportionment of benefits, and define and equalize the land
13 as is just and equitable.
14 (3) (4)
When If an apportionment of benefits is made
15 against a state trunk
line highway, unless the state highway
16 director of transportation consents in writing to the
17 apportionment, the drain
commissioner, at least 20 21 days
18 before the review on
the trunk line day of review, shall notify
19 the director of transportation by registered certified mail
20 the state highway
director of the percentage
apportioned
21 against the state trunk line highway and the date, time, and
22 place fixed for a review of apportionment of benefits. If the
23 state highway director of transportation desires to have the
24 apportionment of benefits
reviewed by the director of the
25 department of agriculture, the state highway director ,
26 within 10 of transportation, then, not more than 14 days
from
27 after the receipt of the notice, the director of transportation
1 shall file with the drain commissioner an objection to the
2 apportionment. The drain commissioner shall notify the director
3 of the department of agriculture of the date, time, and place
4 fixed for the review of
apportionments. , and at At the
5 meeting, the
director of the department of agriculture , or a
6 deputy of the
director, shall review the
apportionment made
7 against the state trunk line highway, listen to the proofs and
8 allegations of the parties, and may view the state trunk line
9 highway benefited. The action and decision on the apportionment
10 shall be reduced to
writing shall be is final.
11 (4) The director of transportation shall notify the drain
12 commissioner in writing whether the will pay any assessment
13 against state trunk line highways in a single payment or in
14 installments. If the director of transportation does not specify
15 before the advertisement of the sale of bonds or notes whether
16 the department will pay the assessment in full or in
17 installments, the department is liable for the interest charges
18 incurred as a result of the sale of bonds or notes.
19 (5) Assessments related to drainage of state trunk line
20 highways shall be paid from funds appropriated to the state
21 transportation department.
22 Sec. 155. The owner of any land in the drainage district or
23 any city, township,
village, district or county having control
24 of any highway which
may feel public corporation that
is
25 aggrieved by the
apportionment of benefits so or addition of
26 lands to the drainage district made by the commissioner, may,
27 within 10 not more than 14 days after the day of review
of such
1 apportionments, appeal
therefrom and for such purpose make an
2 application to the
probate court of the proper county for the
3 appointment of a board
of review, the apportionment, may
appeal
4 the apportionment by
filing with said probate court the circuit
5 court for the county where the land or public corporation is
6 located a notice of appeal requesting the appointment of a board
7 of review and at the
same time filing with said court a bond.
8 The bond shall be in such
sum as the circuit judge of probate
9 may require, with 1 or more sureties to be approved by the
10 circuit judge, of
probate, conditioned upon the payment of all
11 costs in case of
the appeal, including engineering expenses,
12 attorney fees, and witness fees, allowed under the Michigan court
13 rules, if the apportionment or amendment to the drainage district
14 made by the commissioner shall
be is sustained. Such The
15 appeal may be taken by
the chairperson of the county or district
16 road board of commissioners in behalf of the
county, the
17 chairperson of the county board of road commissioners in behalf
18 of the road commission, the mayor of any city in behalf of the
19 city, by the
supervisor in behalf of any a township, or by
20 the president of any a
village in behalf of the village when
21 authorized by the county board of commissioners, the board of
22 county road commissioners, the village or city council, or the
23 township board, or
road commission, respectively. Only 1 board
24 shall be appointed by such
probate the court.
25 Sec. 156. (1)
The probate court upon Upon the circuit
26 court's receipt of any
such application as hereinbefore provided
27 for shall forthwith a notice of appeal under section 155, the
1 chief or only judge of the circuit court shall immediately notify
2 the commissioner in
writing of such the appeal, and shall
3 thereupon then make an order appointing 3 disinterested
and
4 competent freeholders
landowners of such the county, not
5 residents of the township or townships affected by said drain, as
6 members of a board of
review. The persons so appointed shall
7 constitute the board
of review. The Immediately after
making
8 the appointments, the
court shall, thereupon, with the
9 concurrence of the
commissioner, immediately fix the time and
10 place when and where
said for a meeting of the board of review
11 shall meet to review said the apportionments.
, which time
12 shall not be The meeting shall be held not less than 10
nor 14
13 or more than 15 21
days from after the date of filing such
14 the notice of appeal.
The commissioner court shall thereupon
15 give notice to then notify the persons so appointed of their
16 appointment and of the
time and place of meeting. , and shall
17 give notice of such
meeting by posting notices in at least 5
18 public places in each
township forming a part of the drainage
19 district, and shall
serve a like notice upon the appellant if he
20 be a resident of any
township affected. Such notice shall be
21 made not less than 5
days before the day of hearing and shall be
22 made by personal
service. Consistent with section
8, the court
23 shall also notify each landowner and public corporation liable
24 for an assessment. Proof
of service of notice of appeal the
25 notices under this subsection shall be made by the person serving
26 said notice the notices and be filed in the office of the
27 judge of probate clerk of the circuit court. At such
hearing
1 the board of review
shall have the right, and it shall be their
2 duty, to review all
apportionments for benefits made by the
3 commissioner on such
drain. The persons so appointed
4 (2) At the hearing, the board of review shall be sworn by
5 the commissioner to
faithfully discharge the duties of such the
6 board of review.
7 (3) Members of the board of review shall be compensated in
8 the same manner and amount as a board of determination.
9 Sec. 157. (1)
The board of review shall proceed at the
10 time, date, and place
specified in the notice to hear the
11 proofs and allegations of the parties in respect to an appeal,
12 shall proceed to view the lands benefited by the drain or
13 project, and shall review
all of the apportionments made by the
14 commissioner on the drain
or project. If in their the judgment
15 of the board of review there is a manifest error or inequality in
16 the apportionments or
amendments to the drainage district, they
17 the board of review shall order and make the changes in the
18 apportionment as they
the board of review may consider just and
19 equitable. If the board of review upon personal examination
20 finds that a land liable to be assessed for the construction of
21 the drain or project is not included in the drainage district
22 made by the commissioner,
they the board of review shall add
23 the land to the
drainage district of the drain and shall adjourn
24 the review to another
time or place as they consider proper, but
25 not in all more than
20 days from and after the time of review
26 first advertised. The
notice of the adjournment shall contain a
27 description of lands
added to the drainage district. The notice
1 shall be given at
least 10 days before the adjourned day of
2 review. Should the
owners of land liable to an assessment be
3 nonresidents of the
county, personal notice shall be served on
4 the owners, or a
notice shall be published in a weekly newspaper
5 published in the
county, of at least 2 insertions, giving the
6 description of the
land added to the assessment district and
7 giving the time, date,
and place where the board shall meet. The
8 action and decision of
the board shall be final. prepare
a
9 proposed decision making the changes in the apportionment that
10 the board of review considers just and equitable and shall
11 adjourn the review for not more than 21 days from the date of the
12 meeting specified in the first notice. The board of review shall
13 give notice of the adjournment in the manner provided in section
14 8(2) and (3), and by posting notice in the office of the drain
15 commissioner by the date by which mailing of the notice is
16 required under section 8(2). However, the board of review need
17 only provide notice to persons that the board of review believes
18 may be affected by its final decision.
19 (2) Upon reconvening, the board of review shall hear any
20 further proofs and allegations relevant to the proposed decision
21 of the board of review. The board of review may view lands and
22 shall review apportionments that are the subject of the further
23 proofs and allegations.
24 (3) The board shall make its final decision, which shall not
25 affect any person to whom notice was not provided under
26 subsection (1). The action
and decision of the board of review
27 shall be reduced to in
writing and signed by a majority of
1 the board making members
agreeing with the decision, and shall
2 be delivered to the commissioner within 14 days of the close of
3 the meeting together with
other papers records relating to the
4 decision.
5 (4) If the board of review makes changes in the
6 apportionment, the changes shall be made by the commissioner
7 without necessity for a new day of review or notice to the
8 district of the changes made by the board of review and persons
9 aggrieved by the changes made by the board of review are not
10 entitled to additional judicial review.
11 Sec. 158. (1)
In case the apportionment of the
12 commissioner shall be
sustained by such board of review the
13 appellant shall pay
the whole costs and expenses of such appeal.
14 Such Following the determination by the board of
review, the
15 circuit court may award costs, including engineering expenses,
16 attorney fees, and witness fees, allowed under the Michigan court
17 rules. If costs are awarded to the drainage district and there
18 are multiple appellants, the circuit court shall award from each
19 appellant a pro rata share of the costs based on the number of
20 appellants. The costs and expenses shall be ascertained and
21 determined by the circuit
judge. of probate, and if not paid the
22 appellant shall be
liable on his bond for the full amount of such
23 costs in an action at
law, to be brought by the commissioner on
24 the bond before any
court having competent jurisdiction.
25 (2) If the bond of an appellant is not sufficient to cover
26 the compensation, mileage, and expenses for which the appellant
27 is liable, the drain commissioner may recover the excess amount
1 by any means authorized by law.
2 (3) Subsection (2) does not limit the authority of the drain
3 commissioner to collect a rate or charge by any other means
4 authorized by law for the collection of a debt.
5 Sec. 161. (1)
The proceedings in establishing any drain
6 and levying taxes
therefor shall be to establish a
drain and
7 levy assessments are
subject to review on certiorari as herein
8 provided superintending control. A complaint
seeking a writ of
9 certiorari superintending control for any error in
proceedings
10 occurring before or in the final order of determination shall be
11 issued within 10 filed not more than 14 days after a copy of
12 such the final order is filed in the office of the
drain
13 commissioner as required
by section 151, of this act, and for
14 any error in
proceedings occurring after such the final order
15 of determination, within
10 not more than 14 days after the day
16 of review, or if an
appeal has been taken, within 10 not more
17 than 14 days after the filing of the report of the board of
18 review. Notice of
such certiorari shall be
19 (2) The court shall not hear the action unless a copy of the
20 complaint for superintending control was served upon the
21 commissioner within
10 not more than 14 days after the day of
22 issue in the same
manner as notice is required to be given of
23 certiorari for
reviewing judgments rendered by justices of the
24 peace and the writ
shall be issued and served, and bond given and
25 approved and the
subject matter brought to issue in the same time
26 and manner, as near as
may be, as in such cases provided, except
27 that such certiorari
may be heard by the court during term, or at
1 chambers, upon 5 the complaint was filed and 7 days' notice of
2 the hearing is given to
the opposite party. ; and the circuit
3 court of the county The court shall hear and determine the
4 same action without unnecessary delay, and if any
material
5 defect be is
found in the proceedings for establishing the
6 drain , such and
levying assessments, shall set aside the
7 proceedings. shall
be set aside. If issues of fact are raised
8 by the petition for
such writ and the return thereto, such
9 complaint or answer, the issues shall, on application of either
10 party, be framed and testimony thereon taken under the direction
11 of the court.
12 (3) If the
proceedings be for establishing the drain and
13 levying assessments are
sustained, the party bringing the
14 certiorari shall be seeking superintending control is liable for
15 the costs thereof,
and if they be of the superintending control
16 proceedings. If the proceedings for establishing the drain and
17 levying assessments are not sustained, the parties making
18 application for the drain
shall be are liable for the costs of
19 the superintending control proceedings. If no certiorari be
20 brought a complaint for superintending control is not
filed
21 within the time herein
prescribed, the drain shall be deemed
22 considered to have been
legally established, and the taxes
23 therefor drain assessments legally levied, and the
legality of
24 said the drain and the taxes therefor assessments
shall not
25 thereafter be questioned
in any suit at law or equity:
26 Provided, No court
shall allow any certiorari questioning the
27 legality of any drain
by any person unless notice has been given
1 to the commissioner in
accordance with the provisions of this
2 chapter: Provided
further, That when such proceedings are
3 brought court. If a complaint for superintending control
is
4 filed, the commissioner shall postpone the letting of contracts
5 and all other proceedings until after the determination of the
6 court. And if any
error be found in the proceedings If the
7 court finds an error in the proceedings to establish the drain
8 and levy assessments, the court shall direct the commissioner to
9 correct such the
error or errors and then proceed the same
10 as though no error had been made.
11
CHAPTER 8 .
12 CLEANING,
WIDENING, DEEPENING, STRAIGHTENING AND EXTENDING
13 DRAINS. MAINTAINING, IMPROVING, AND CONSOLIDATING DRAINS
14 Sec. 191. (1)
When a drain or portion thereof, which
15 traverses lands wholly
in 1 county, and lands only in 1 county
16 which is subject to
assessment, needs cleaning out, relocating,
17 widening, deepening,
straightening, tiling, extending, or
18 relocating along a
highway, or requires structures or mechanical
19 devices that will
properly purify or improve the flow of the
20 drain or pumping
equipment necessary to assist or relieve the
21 flow of the drain, or
needs supplementing by the construction of
22 1 or more relief
drains which may consist of new drains or
23 extensions,
enlargements, or connections to existing drains, or
24 needs 1 or more
branches added thereto, any 5 or at least 50% of
25 the freeholders if
there are less than 5 freeholders whose lands
26 shall be liable to an
assessment for benefits of such work, may
27 make petition in
writing to the commissioner setting forth the
1 necessity of the
proposed work and the commissioner shall proceed
2 in the same manner
provided for the location, establishment, and
3 construction of a
drain. If the project includes a tiled relief
4 drain, or the tiling
of an existing open drain or any portion
5 thereof, with a
conduit a part of which has an inside diameter in
6 excess of 36 inches or
the retiling of an existing drain with a
7 conduit, a part of
which has an inside diameter in excess of 36
8 inches, then the
petition shall comply with section 71. The
9 preceding sentence
shall not be applicable to the construction of
10 bridges, culverts, and
passageways. The word tiling as used in
11 this and other
sections of this act, means the laying of a
12 conduit composed of
tile, brick, concrete, or other material.
13 When it is necessary
for the public health of 1 or more cities,
14 villages, and
townships, the petition may be signed solely by a
15 city, village, or
township when authorized by its governing body
16 or by a combination of
the municipalities, if the municipality or
17 municipalities are
liable to assessments at large for a
18 percentage of the
total amount assessed for the cost of the
19 proposed work. After
the board of determination determines the
20 necessity for the
work, as provided in section 72, the
21 commissioner shall, as
soon as practicable after the final order
22 of determination
prescribed in section 151 has been filed by him,
23 proceed as provided in
sections 151 to 161. If the apportionment
24 is the same as the
last recorded apportionments, no day of review
25 is necessary, but in
other cases the commissioner shall proceed
26 as provided in
sections 151 to 161, including the notice of and
27 the holding of a day
of review. For a county drain, 1
or more of
1 the following may be done, by petition filed pursuant to this
2 section:
3 (a) The drain or portion of the drain may be maintained.
4 (b) The drain or portion of the drain may be improved
5 subject to any permit required under the natural resources and
6 environmental protection act, 1994 PA 451, MCL 324.101 to
7 324.90106.
8 (c) Measures may be undertaken that are intended both to
9 enhance or improve natural resource values of the drain and to
10 provide benefit to the designed function, longevity, or hydraulic
11 capacity of the drain.
12 (d) Consistent with part 315 of the natural resources and
13 environmental protection act, 1994 PA 451, MCL 324.31501 to
14 324.31529, a dam or structure in or adjacent to the drain may be
15 constructed, operated, and maintained to control the rate of flow
16 through or into the drain, or the level of water, or the amount
17 of seepage, or to provide for removal of drainage by pumping and
18 other mechanical operations. A petition for such a dam or
19 structure shall state that the improvement is necessary to drain,
20 protect, or irrigate land. The petition may state the desired
21 location of the dam or structure, the proposed method of
22 operation and outlet, and how historical drainage is to be
23 maintained.
24 (e) A drainage district may be consolidated with any
25 established drainage district or have lands added or deleted.
26 The consolidation, addition, or deletion shall otherwise comply
27 with section 277a relative to disposition of funds and payment of
1 outstanding debt.
2 (2) It is not necessary for the petitioners to describe the
3 drain other than by its name or by its commencement, general
4 route, and terminus. Only 1 petition and proceeding is necessary
5 for any of the measures described in subsection (1).
6 (3) The petition shall be filed with the county drain
7 commissioner. The petition shall be signed by at least 5
8 landowners in the drainage district whose lands would be liable
9 to assessment for benefits or at least 50% of the landowners if
10 there are less than 5 landowners whose lands would be liable for
11 assessment or shall be signed by landowners representing 25% of
12 the land area liable for assessment. The petition shall be
13 accompanied by a description or tax parcel code of the land in
14 the district owned by each signer and by a certificate of the
15 county treasurer as to payment of taxes and special assessments
16 against the lands in a form as described in section 51. The name
17 of any signer as to whose land the certificate shows taxes or
18 assessments unpaid for 3 years shall not be counted. The drain
19 commissioner shall determine the eligibility of the signers to
20 the petition based on their status as landowners when the
21 petition was filed. Instead of being signed by landowners, a
22 petition may be signed as provided in section 14 on behalf of at
23 least 1 public corporation, if the drain project is necessary for
24 the public health, safety, or welfare in the public corporation,
25 and if the public corporation will be liable for an assessment at
26 large against it for a percentage of the cost of the proposed
27 drain.
1 (4) For purposes of notice under section 8, the drain
2 commissioner shall evaluate the drainage district boundaries and
3 identify any additional landowners who may be subject to
4 assessments for the drain project. The landowners of any lands
5 being petitioned for consolidation, addition, or deletion and the
6 public corporations in which those lands are located shall be
7 given notice under section 8 of the proposed consolidation,
8 addition, or deletion. Proceedings shall otherwise be conducted
9 in the same manner as provided in sections 52 to 57. The
10 determinations of practicability and necessity shall be for the
11 activities petitioned under this section, not for the drain or
12 drainage district in general. The apportionment of benefits is
13 subject to section 201.
14 (5) If the drain is located in a watershed management
15 district for which a watershed management plan has been adopted
16 under section 595, the drain commissioner shall undertake the
17 activities petitioned under this section consistent with the
18 watershed management plan.
19 Sec. 192. (1)
Whenever a drain or portion thereof, which
20 traverses lands in
more than 1 county, and lands in more than 1
21 county shall be
subject to assessments, needs cleaning out,
22 relocating, widening,
deepening, straightening, tiling, extending
23 or relocating along a
highway, or requires structures or
24 mechanical devices
that will properly purify or improve the flow
25 of the drain or
pumping equipment necessary to assist or relieve
26 the flow of the drain,
or needs supplementing by the construction
27 of 1 or more relief
drains which may consist of new drains or
1 extensions,
enlargements or connections to existing drains, or
2 needs 1 or more
branches added thereto, freeholders within the
3 drainage district
equal to 50% of the number of freeholders whose
4 lands are traversed by
said drain or drains in said petition or
5 abut on any highway or
street along either side of which such
6 drain extends, between
the point where said drain enters such
7 highway and the point
where it leaves such highway or street and
8 which lands are within
the drainage district, may make a petition
9 in writing to the
commissioner of any county having lands in such
10 district setting forth
the necessity of such proposed work.
11 Whenever it is
necessary for the public health of 1 or more
12 cities, villages or
townships, the petition may be signed solely
13 by a city, village or
township when duly authorized by its
14 governing body or by
any combination of such municipalities if
15 the municipality or
municipalities will be liable to assessments
16 at large for a
percentage of the total amount to be assessed for
17 the cost of the
proposed work. The percentage of cost
18 apportioned to the
municipality or municipalities shall be based
19 upon the benefits to
accrue to such municipality or
20 municipalities and
also the extent to which they contribute to
21 the conditions which
makes the drain necessary. Upon receipt of
22 such petition, the
commissioner shall notify the state director
23 of agriculture and the
commissioners of each county embracing any
24 lands in the drainage
district, and the director of agriculture
25 shall call a meeting
within the time and in the manner prescribed
26 in section 122. The
persons so named shall constitute a drainage
27 board and if such work
is then determined to be practicable, they
1 may thereupon appoint
a competent surveyor or engineer to make a
2 survey of said drain,
and lay out a drainage district according
3 to section 104. After
the surveyor or engineer has filed all
4 data with the drainage
board, the director of agriculture shall
5 call a meeting as
provided in section 122, and thereafter take
6 all steps and perform
all acts which are required to be done by
7 said board upon a
petition for the location, establishment and
8 construction of drains
as provided in sections 121 to 135. Such
9 board and the
commissioners shall exercise such power and be
10 subject to such
limitations as are provided in sections 121 to
11 135. For an intercounty drain, 1 or more of the
following may be
12 done, by petition filed pursuant to this section:
13 (a) The drain or portion of the drain may be maintained.
14 (b) The drain or portion of the drain may be improved
15 subject to any permit required under the natural resources and
16 environmental protection act, 1994 PA 451, MCL 324.101 to
17 324.90106.
18 (c) Measures may be undertaken that are intended both to
19 enhance or improve natural resource values of the drain and to
20 provide benefit to the designed function, longevity, or hydraulic
21 capacity of the drain.
22 (d) Consistent with part 315 of the natural resources and
23 environmental protection act, 1994 PA 451, MCL 324.31501 to
24 324.31529, a dam or structure in or adjacent to the drain may be
25 constructed, operated, and maintained to control the rate of flow
26 through or into the drain, or the level of water, or the amount
27 of seepage, or to provide for removal of drainage by pumping and
1 other mechanical operations. A petition for such a dam or
2 structure shall state that the improvement is necessary to drain,
3 protect, or irrigate land. The petition may state the desired
4 location of the dam or structure, the proposed method of
5 operation and outlet, and how historical drainage is to be
6 maintained.
7 (e) A drainage district may be consolidated with any
8 established drainage district or have lands added or deleted.
9 The consolidation, addition, or deletion shall otherwise comply
10 with section 277a relative to disposition of funds and payment of
11 outstanding debt. The landowners of any lands being petitioned
12 for consolidation, addition, or deletion and the public
13 corporations in which those lands are located shall be given
14 notice of the proposed consolidation, addition, or deletion.
15 (2) It is not necessary for the petitioners to describe the
16 drain other than by its name or by its commencement, general
17 route, and terminus. Only 1 petition and proceeding is necessary
18 for any of the measures described in subsection (1).
19 (3) The petition shall be signed by 5 landowners in the
20 drainage district whose lands would be liable to assessment for
21 benefits or at least 50% of the landowners if there are less than
22 5 landowners whose lands would be liable for assessment or shall
23 be signed by landowners representing 25% of the land area liable
24 for assessment. The petition shall be accompanied by a
25 description or tax parcel code of the land in the district owned
26 by each signer and by a certificate of the county treasurer of
27 the county where that land is located as to payment of taxes and
1 special assessments against the land in a form described in
2 section 101. The name of any signer as to whose land a
3 certificate shows taxes or assessments unpaid for 3 years shall
4 not be counted. The drain commissioner shall determine the
5 eligibility of the signers to the petition based on their status
6 as landowners when the petition was filed. Instead of being
7 signed by landowners, a petition may be signed as provided in
8 section 14 on behalf of at least 1 public corporation, if the
9 drain project is necessary for the public health, safety, or
10 welfare in the public corporation, and if the public corporation
11 will be liable for an assessment at large against it for a
12 percentage of the cost of the proposed drain.
13 (4) For purposes of notice under section 8, the drainage
14 board shall evaluate the drainage district boundaries and
15 identify any additional landowners who may be subject to
16 assessments for the drain project. Proceedings shall otherwise
17 be conducted in the same manner as provided in sections 102 to
18 113. The determination of necessity shall be for the activities
19 petitioned under this section, not for the drain or drainage
20 district in general. The apportionment of benefits is subject to
21 section 201. After the drainage board determines the necessity
22 for the work, the commissioner shall, as soon as practicable
23 after the final order of determination prescribed in section 151
24 is filed, proceed as provided in sections 151 to 161. If the
25 apportionment is the same as the last recorded apportionments, no
26 day of review is necessary, but in other cases the commissioner
27 shall proceed as provided in sections 151 to 161, including the
1 notice of and the holding of a day of review.
2 (5) If the proposed drain is located in a watershed
3 management district for which a watershed management plan has
4 been adopted under section 595, the drainage board shall
5 undertake the activities petitioned under this section consistent
6 with the watershed management plan.
7 Sec. 199. (1)
In case the necessity for cleaning out any
8 drain arises from the
act or neglect of any land owner, said act
9 or neglect shall be
taken into consideration by the commissioner
10 in making the
apportionment. In case the cost of cleaning out
11 shall be lessened by
the tiling of the source of the drain under
12 section 425 of this
act, the commissioner may take that into
13 consideration in
making the apportionment of benefits against the
14 land so tiled, but in
no case shall said benefits be considered
15 to be less than 50% of
the benefits to such land if it were not
16 tiled. Should there
be a surplus in any drain fund, the
17 commissioner or
drainage board, as the case may be, may, in their
18 discretion, without
application or notice, pay out of such funds
19 a reasonable compensation
for cleaning out any obstruction that
20 may accumulate in the
particular drain for which the fund was
21 raised. An annual inspection may be made of a drain
established
22 under this act. Inspection shall be made on a drain laid out and
23 constructed under this act upon the request of the governing body
24 of a public corporation served in whole or in part by the drain
25 to be inspected. For a drain constructed, improved, or restored
26 to the last established depth bottom width and grade after the
27 effective date of the 2000 amendatory act that amended this
1 section, an inspection and report shall be made at least every 3
2 years from the date of the completion of the construction.
3 (2) Within 2 years after the effective date of the 2000
4 amendatory act that amended this section, if a drain commissioner
5 or drainage board determines that a drain substantially conforms
6 to its last established depth, bottom width, and grade, the drain
7 commissioner or drainage board may enter an order that an
8 inspection and report on the drain shall be made at least every 3
9 years from the date of the order. Notice of the order shall be
10 given in the manner provided in section 8 and shall explain that
11 the drain will be regularly inspected and maintained and that
12 landowners may be subject to assessments for drain maintenance.
13 (3) For county drains, the inspection shall be made by the
14 drain commissioner, or a competent person appointed by the drain
15 commissioner. For intercounty drains, the inspection shall be
16 caused to be made by the drainage board. The failure to inspect
17 as required by this section does not create a defect invalidating
18 the drain or an assessment.
19 (4) If the drain commissioner or drainage board determines
20 based on the inspection report that maintenance is necessary on
21 the drain, the drain commissioner or drainage board shall perform
22 maintenance in a timely manner. If the drain commissioner or
23 drainage board determines based on the inspection report that
24 deteriorated structures may have diminished the capacity of the
25 drain or become unstable or unsafe, the drain commissioner or
26 drainage board shall retain a competent engineer to evaluate the
27 deterioration and make recommendations concerning maintenance or
1 replacement of the structures.
2 (5) If at any time the drain fund of a drainage district
3 contains less than $5,000.00 per mile or fraction of a mile of a
4 drain, the drain commissioner or drainage board may assess the
5 drainage district for an amount not to exceed $2,500.00 per mile
6 or fraction of a mile in any 1 year based on apportionments as
7 described in section 201. The amount collected under an
8 assessment shall be deposited in the drain fund of a drainage
9 district for necessary inspection, repair, and maintenance of the
10 drain.
11 (6) If an inspection discloses the necessity of expending
12 money for the maintenance and repair of a drain in order to keep
13 it in working order, the drain commissioner for a county drain,
14 or the drainage board for an intercounty drain, may without
15 petition expend an amount not to exceed in any 1 year $5,000.00
16 per mile or fraction of a mile for maintenance or repair of a
17 drain. The determination of the maximum expenditure allowed
18 without petition or resolution shall be based on the total number
19 of miles of the drain and not on the actual number of miles or
20 location of the maintenance or repair. The monetary amounts
21 established in this subsection shall be adjusted each January 1
22 beginning January 1, 2002 pursuant to the annual average
23 percentage increase or decrease in the Detroit consumer price
24 index-all items. The adjustment for each year shall be made by
25 comparing the percentage increase or decrease in the Detroit
26 consumer price index for the preceding August by the
27 corresponding Detroit consumer price index-all items 1 year
1 earlier. The resultant percentage change shall then be
2 multiplied by the affected monetary amounts. These results shall
3 be rounded up to the nearest $25.00 and added to or subtracted
4 from the current monetary amounts as previously adjusted by this
5 section to obtain the new amounts for that year. The adjustments
6 shall apply only to expenditures occurring after the date of the
7 adjusting of the amounts. The director of agriculture shall
8 calculate the adjusted monetary amounts and make them available
9 upon request. If the index is unavailable, the director of
10 agriculture shall make a reasonable approximation.
11 (7) If the drain commissioner or the drainage board finds it
12 necessary to expend funds in excess of those prescribed in
13 subsection (6) in any 1 year for the maintenance or repair of a
14 drain, the additional amounts shall not be expended until 1 of
15 the following is satisfied:
16 (a) If a public corporation is affected by more than 20% of
17 the cost of the maintenance, the governing body of each such
18 public corporation approves the expenditure.
19 (b) If no public corporation is affected by more than 20% of
20 the cost of the maintenance, the drain commissioner or drainage
21 board gives notice of the maintenance to be performed and the
22 estimated cost to the persons liable for assessments for the
23 drain.
24 (c) If the maintenance or repair is requested by and the
25 entire additional cost is paid for by a public corporation,
26 private corporation, or other person.
27 (8) In determining whether or not a public corporation is
1 affected by more than 20% of the cost, the drain commissioner or
2 drainage board shall consider the total of the at large
3 percentages of the apportionment together with the total
4 percentage of land apportioned.
5 (9) If the drain fund of a drainage district does not contain
6 sufficient funds, or the district is obligated to repay
7 outstanding indebtedness to pay for inspection, repair, and
8 maintenance, the drain commissioner or drainage board shall
9 assess the drainage district according to benefits received. A
10 reassessment shall be made and spread upon the city or township
11 tax assessment rolls within 3 years after the completion of the
12 inspection, repair, and maintenance. If the total estimated
13 expenditure will exceed $5,000.00 per mile or a fraction of a
14 mile, all landowners and public corporations within the district
15 or abutting the drain shall receive notice for the nature and
16 type of maintenance to be conducted before the commencement of
17 work by first-class mail and by publication in a newspaper of
18 general circulation. An affidavit of mailing shall be made by
19 the drain commissioner or drainage board. The affidavit is
20 conclusive proof that the notices required by this subsection
21 were mailed. The failure to receive notices by mail shall not
22 constitute a jurisdictional defect invalidating a special
23 assessment if notice by publication was given as required by this
24 subsection.
25 (10) An assessment for the actual cost of inspection, repair,
26 and maintenance performed on a drain, or an assessment to be
27 deposited in the drain fund of a drainage district, shall be made
1 according to benefits received.
2 (11) Notwithstanding any other provision of this act, if an
3 emergency condition exists within the drainage district that
4 endangers the public health, safety, or welfare, crops, or
5 property, the drain commissioner or the drainage board may expend
6 funds for maintenance and repair to alleviate the emergency
7 condition. Before the costs incurred for eliminating an
8 emergency condition are assessed, the drain commissioner or
9 drainage board shall file in the records of the drainage district
10 a written statement describing the emergency condition.
11 (12) In computing amounts under this section, the cost of
12 work to be performed by a federal agency or public corporation
13 that is not chargeable to the county or intercounty drainage
14 district shall not be included, nor shall it be necessary for the
15 drain commissioner or the drainage board to advertise for bids
16 for that portion of the work to be done by the federal agency or
17 public corporation. Inspection, engineering, legal, or
18 consultant fees shall not be included in amounts computed under
19 this section.
20 (13) For purposes of this act, the costs of maintenance
21 assessable against a drainage district include all of the
22 following:
23 (a) The costs incurred by the drain commissioner or drainage
24 board for inspection or professional consultation fees and
25 contractual services.
26 (b) Contractual expenses related to the levying and
27 collection of special assessments for the work performed.
1 (c) All other costs associated with maintenance of the
2 drain.
3 (d) Preparation and updating of maps and records used
4 directly in the development of special assessment rolls.
5 (14) If the cost of maintenance and repair of a drain
6 includes utility charges or costs to service pumping stations,
7 sewage treatment facilities, or retention basins, the limitation
8 on the amount of expenditures in subsections (6) to (9) does not
9 apply except that the drain commissioner or drainage board may
10 levy sufficient special assessments to pay the charges or costs
11 but not more than the amount sufficient to pay those charges or
12 costs.
13 (15) The salaries, expenses, and fringe benefits of clerical,
14 administrative, and engineering employees of the drain
15 commissioner or drainage board working incidental to the
16 operation, repair, or maintenance of a drain shall be chargeable
17 to and paid as budgeted from the county general fund and not
18 chargeable to or by the drain fund of a drainage district.
19 Sec. 200. (1)
In lieu of assessing the cost of the
20 maintenance and repair
of any drain to parcels of land in the
21 drainage district
within any city, village, township, charter
22 township or county,
the commissioner or drainage board may
23 contract relative to
such cost with any city, village, township,
24 charter township or
county in which the drain, or any part
25 thereof, is located,
or whose residents use the drain for
26 drainage or for the
transportation of sewage. In the contract
27 any city, village,
township, charter township or county may agree
1 (1) to pay annually to
the commissioner or the drainage board
2 certain sums for the
cost of maintenance and repair of any drain
3 and for the creation
of a reserve fund therefor, or (2) to
4 provide such sums
periodically as needed, or (3) to reimburse the
5 commissioner or
drainage board for all sums expended for
6 maintenance and
repair, or (4) for any combination of the
7 foregoing. The contract
shall be approved and its execution
8 authorized by a
resolution adopted by the legislative body of the
9 city, village,
township, charter township or county and shall be
10 executed by the
commissioner or drainage board on behalf of the
11 drainage district.
The city, village, township, charter township
12 or county may fulfill
its obligation to pay in accordance with
13 the terms of the
contract out of its general funds, service
14 charges to its residents,
or any other legally available funds.
15 The contract shall
specify the manner in which the obligation to
16 pay shall be
fulfilled. If a new district is
laid out and
17 includes added lands, including lands in a county which was not a
18 part of an original intercounty drainage district, the drain
19 commissioner for a county drain, or the chairperson of the
20 drainage board, shall notify the board of determination or
21 drainage board that allowed the petition, that the land should be
22 added to the district. The drain commissioner or chairperson of
23 the drainage board shall call a meeting of the board of
24 determination. If a member of the board of determination is
25 disqualified or unable to act, then the member's place shall be
26 filled by appointment as in the first instance. The notice shall
27 comply with section 8, and be forwarded to the landowners and
1 public corporations in the district as if lands were added. All
2 expense of notification shall be paid by the drainage district.
3 (2) At the time, date, and place designated by the drain
4 commissioner or the chairperson of the drainage board, the board
5 of determination or drainage board shall reconvene. Upon
6 reconvening, if the board of determination or drainage board by a
7 majority vote of members finds the proposed addition of the land
8 to the drainage district necessary or conducive to the public
9 health, safety, or welfare or for agriculture, the board of
10 determination shall make an order to that effect and file the
11 order with the drain commissioner or drainage board.
12 Sec. 201. All apportionments under this chapter shall be
13 made according to the benefits derived and shall be subject to
14 appeal in the same manner as provided in chapter 7. If the
15 apportionment is the same as the last recorded apportionment, no
16 day of review is necessary. If the apportionment is changed, or
17 if an apportionment is made in a consolidated district which
18 apportions benefits between lands that were not previously
19 assessed by the consolidated district, the procedure shall be as
20 provided under chapter 7, including the notice of and the holding
21 of a day of review.
22
CHAPTER 9 .
23
LETTING OF CONTRACTS .
24 Sec. 221. (1)
At the time and place fixed in the notice
25 therefor, the
commissioner shall receive bids for the
26 construction of the
drain. The commissioner or
drainage board
27 shall give notice under section 8 for the receiving of bids for
1 the construction, maintenance, or improvement of the drain. The
2 notice shall specify the time and place of receiving bids. The
3 notice shall also provide a brief description of the project
4 including its general location, type of construction, and
5 estimate of the amount and type of tile or pipe required for the
6 drain. The notice shall also include information concerning
7 prequalifications required by subsection (2). The commissioner or
8 the drainage board may in
any case, and shall for all drains
9 projects having an
estimated cost exceeding $5,000.00
10 $10,000.00, advertise for sealed proposals, to be opened on the
11 day of letting. If the drain commissioner or drainage board does
12 not advertise for proposals, the drain commissioner or drainage
13 board shall solicit 2 or more estimates for the cost of the
14 construction, maintenance, or improvement from qualified
15 contractors. However, if the landowner or developer is paying
16 the entire cost of the construction, maintenance, or improvement
17 and the contractor chosen by the landowner or developer is
18 acceptable to the drain commissioner or drainage board, the drain
19 commissioner or drainage board is not required to advertise for
20 sealed proposals or to solicit estimates. A contractor so
21 accepted shall enter into a contract with the commissioner or
22 drainage board, and the contract shall be administered by the
23 commissioner or drainage board.
24 (2) All sealed proposals received by the commissioner or
25 drainage board shall be
publicly opened by him the commissioner
26 or the drainage board in the meeting and may be there examined by
27 any person interested. As soon as practical after the opening of
1 bids for the construction of any drain, the commissioner shall
2 determine the lowest responsible bidder and award contracts, or
3 he may reject all proposals and readvertise as in the first
4 instance. ,
and in cases where the commissioner determined that
5 the taxes assessed for
benefits shall be collected in more than 1
6 installment, he shall,
subject to the provisions set forth in
7 section 275 of this
act, determine the amount, form, maturity and
8 rate of interest of
bonds to be issued. In counties having a
9 board of county
auditors no drain bonds shall be sold and no
10 drain contracts let
without the written consent and approval of
11 the board of county
auditors, but the approval of said board
12 shall not be required
in proceedings relative to intercounty
13 drains.
14 (3) If a drain commissioner's office has the available
15 equipment and manpower to perform the necessary maintenance
16 provided pursuant to section 199, the maintenance may be
17 performed by the drain commissioner without the advertising for
18 sealed bids as set forth in subsection (1).
19 (4) The drain commissioner or drainage board, in consultation
20 with an engineer, may establish prequalifications for a
21 prospective contractor to submit a bid for the construction of
22 the drain, consistent with 1933 PA 170, MCL 123.501 to 123.508.
23 Prequalifications may include, but need not be limited to,
24 expertise, financial solvency, experience, or equipment.
25 Prequalification shall be determined before advertisement for
26 bids. The notice shall indicate that prequalifications are
27 applicable and where the prequalifications can be reviewed by the
1 prospective contractor.
2 (5) This act does not prohibit the drain commissioner or
3 drainage board from contracting with an engineer or contractor to
4 perform both the design and construction of a drain project if
5 such contracting is in the best interest of the drainage
6 district.
7 (6) If no a
contract shall be is not let within 5 2
8 years after the date of
filing the petition to locate, establish
9 and construct, or
deepen, widen, straighten, title, extend or
10 clean out establish a drainage district and establish and
11 construct a drain or to maintain or improve a drain, the drain
12 commissioner may
determine that the petition shall be deemed
13 considered abandoned and no
issue an order to that effect. No
14 further action shall be taken to construct the drain. Time
15 during which any litigation
shall be is pending to contest
16 the validity of such proceedings shall not be counted as a part
17 of such 5-year the
2-year period. If the drain commissioner
18 determines the
petition shall be abandoned, he shall issue his
19 order to that effect;
provided, that such determination of
20 abandonment shall not
be issued within the 5-year period. Notice
21 of the order shall be given by publishing a notice in a newspaper
22 of general circulation in
the county. The provisions of this
23 This section shall
apply applies to all petitions which are in
24 full force and effect on
the date of January 1, 1973, or
25 thereafter effective date of the 2000 amendatory act that
26 amended this section.
27 (7) The board
of county road commissioners, when if
1 authorized by a committee
of supervisors appointed by the
2 county board of supervisors
commissioners, is hereby
3 authorized to may bid for the construction, cleaning,
deepening,
4 and widening of drains
within the county, and, if such the bid
5 is accepted, shall be
authorized to perform the work called for
6 therein in the bid, and may receive payment therefor
for the
7 work. A bid tendered
by such board of county road commissioners
8 shall not be accepted
unless such bid shall be at least 15% lower
9 than any other bid
tendered. The moneys money
received by the
10 county road commission shall be credited to the county road fund,
11 and expenditures incurred
by the county road commission shall
12 be in performing the work are proper
disbursements therefrom.
13 Sec. 222. The
commissioner shall first let the section at
14 the outlet of the
drain and shall let each remaining section in
15 its order up stream:
Provided, That the The
commissioner or
16 drainage board may let
receive bids for the drain in sections
17 or as a whole, whichever
appears to him be the most practical.
18 : Provided further,
That the The commissioner or
drainage
19 board shall reserve the right to reject any and all bids or
20 proposals for a
section of the drain and proceed to let said
21 receive bid proposals for the drain in its entirety. , and The
22 commissioner or drainage board may adjourn such the letting in
23 the whole or in part , from time to time, to such
other time
24 or place to be by him
at the time of such adjournment publicly
25 announced as shall to
him seem proper, but not in all more than
26 40 90 days from and
after the time of letting as first
27 advertised. to another place or time not more than 91 days
after
1 the day of letting bids as first advertised. Notice of the
2 adjourned meeting shall be given as provided in section 8.
3 Sec. 223. (1) A deposit in the form of a cashier's check,
4 certified check, or
its equivalent cash, bank money order, or
5 bid bond from a surety authorized to do business in this state in
6 the amount that the commissioner or drainage board considers
7 reasonable may be required with each bid, whether on opening
8 bidding or sealed proposals, as evidence of good faith and to
9 reimburse the district in
the event of failure on the part of
10 if the successful bidder fails to execute the necessary contracts
11 or to furnish the required security or indemnity insurance. A
12 bid bond of the successful bidder, other than a bid bond from a
13 surety, shall be deposited with the treasurer of the drainage
14 district. If the bid bonds are held more than 63 days, the
15 treasurer of the drainage district shall pay to the bidder
16 interest actually earned from the date of deposit on a bid bond,
17 other than a bid bond from a surety. If the successful bidder
18 does not execute the proper contracts or furnish the security or
19 indemnity insurance
required of him or her within 10 not more
20 than 14 days after the acceptance of his or her bid, then the
21 commissioner or drainage board may retain the deposit as
22 stipulated damages for the nonexecution of the contract and
23 proceed to advertise for and let the job anew. If the successful
24 bidder furnishes the security or indemnity insurance required and
25 executes the required contracts, then the deposit shall be
26 returned to him or her. All money forfeited to the commissioner
27 or drainage board under this subsection shall be deposited with
1 the county treasurer
of the drainage district to the credit of
2 the drainage district fund.
3 (2) The successful
bidder shall, within the time stated in
4 subsection (1) not more than 14 days after the acceptance of his
5 or her bid, file with the commissioner security considered
6 necessary by the commissioner guaranteeing that the contract will
7 be completed in accordance with the terms specified in the
8 contract. The security shall be in a sum fixed by the
9 commissioner, but shall not be less than the contract price. At
10 the option of the commissioner, the security shall consist of 1
11 or more of the following:
12 (a) Cash.
13 (b) Certified check.
14 (c) Performance bond executed by a surety company authorized
15 to do business in this state.
16 (d) Escrow agreement acceptable to the commissioner.
17 (e) Irrevocable letter of credit issued by a state or
18 federally regulated financial institution.
19 (f) Personal surety acceptable to the commissioner.
20 (3) If a personal surety is used as security, the
21 commissioner shall
require all of the following: conditions and
22 limitations:
23 (a) That the personal surety be a contractor with the
24 experience and ability to perform and complete, in a timely
25 manner, the contract in
the event of a default by if the
26 successful bidder defaults.
27 (b) That the personal surety not act as the personal surety
1 for more than 1 other principal during the term of the contract
2 upon which he or she is giving security.
3 (c) That no more than 2 personal sureties be utilized as
4 security on any 1 contract.
5 (d) That, the personal surety provide financial information
6 requested by the commissioner and that, after a review of this
7 information, the commissioner be satisfied with the surety's
8 ability to perform the contract upon which he or she is giving
9 security.
10 (e) That the personal surety provide to the commissioner a
11 list of contracts upon which the surety is required to perform,
12 naming the parties to each contract, the amount of each contract,
13 the work to be performed under each contract and the time during
14 which each contract is to be performed, and that the personal
15 surety revise this listing during the term of the contract upon
16 which he or she is giving security, adding or deleting
17 information as contracts are entered or completed.
18 (f) That the personal
surety agree that in the event if the
19 successful bidder defaults on the contract, the personal surety
20 shall enter onto the
project and complete the project pursuant
21 to the terms of the contract within the time limitations
22 specified by the commissioner or pay to the drainage district the
23 amount of money specified by the commissioner as necessary to pay
24 another contractor to complete the contract.
25 (4) If a contract is not completed in accordance with its
26 written terms, the security provided to the commissioner shall be
27 used to complete the contract.
1 (5) In addition to the security required in subsection (2),
2 the commissioner or drainage board shall require the successful
3 bidder to furnish a
bond or indemnity insurance and motor
4 vehicle insurance in the sum required by the commissioner or
5 drainage board. This bond
or indemnity insurance shall run to
6 the people of the
state of Michigan this state and shall be
7 maintained in full force and effect until the contract is
8 terminated to indemnify the commissioner and drainage board, the
9 drainage district, and
the county or other municipality public
10 corporation against loss or damage resulting from injury to a
11 worker on the drain, or the negligence or carelessness of the
12 contractor in the construction of the drain. Indemnity insurance
13 that terminates by expiration or cancellation shall be replaced
14 prior to before termination in the sum then required by
the
15 commissioner or drainage board. The commissioner or drainage
16 board shall also require the successful bidder to furnish
17 worker's compensation insurance.
18 (6) The provisions of this section apply to contracts in
19 excess of $100,000.00. For all contracts equal to or less than
20 $100,000.00, the commissioner or drainage board may require
21 security that he or
she the commissioner or drainage board
22 considers adequate and necessary, consistent with the provisions
23 of this section.
24 (7) The commissioner, at his or her option, may require the
25 provision of additional kinds of security.
26
CHAPTER 10 .
27 INSPECTION AND APPROVAL OF CONSTRUCTION AND PAYMENT FOR THE DRAIN
1
.
2 Sec. 241. No A
warrant, or drain order, voucher, or
3 other order for the payment
of any part of such a drain
4 contract shall not be drawn until the work has been inspected and
5 approved as herein
provided. The commissioner may or drainage
6 board shall inspect and approve any tile or open drain, or he or
7 she may designate any competent surveyor or engineer to make
8 such the inspection. , but where the However,
if the cost of
9 construction exceeds $3,000.00
$10,000.00, the commissioner or
10 drainage board shall designate a competent surveyor or engineer
11 to make the inspection. Any
The person making such the
12 inspection shall see that the specifications in the contract are
13 fully complied with, and if the work is not in accordance with
14 the contract, the commissioner or drainage board shall
15 immediately notify the
contractor. thereof. If the work so
16 inspected shall
conform conforms to the
contract, the person
17 making the inspection shall certify in writing to that fact and
18 an order of approval
shall thereupon be entered by the
19 commissioner or drainage board in his or her drain record, and
20 notice of the approval be
given to the contractor. The
21 commissioner may issue
warrants or orders on the fund of any
22 drain not exceeding
90% of the amount earned on any contract
23 after the certificate
of inspection and the order of approval is
24 entered as herein
provided. The payment of the final 10% or any
25 portion thereof on any
contract may be made after the certificate
26 of inspection is made
attesting to the completion and is filed in
27 the office of the
commissioner. Progress payments shall
be made
1 consistent with 1980 PA 524, MCL 125.1561 to 125.1566.
2 Sec. 242. The
commissioner shall have power to or
3 drainage board may grant a reasonable extension of time for the
4 completion of any a
contract. When any If a contract shall
5 not be is not finished within the time specified, or
to which it
6 may be extended, the commissioner or drainage board shall declare
7 such the contract forfeited and shall, within a
reasonable time
8 thereafter, relet the
unfinished portion thereof to the lowest
9 responsible bidder, by
public letting, after not less than 5 7
10 days' notice thereof,
by posting only, in the same manner as
11 provided for the letting in the first instance, or by private
12 letting, when
such can be done, at a price per rod for the
13 uncompleted portion
thereof not exceeding the price per rod at
14 which the job was
first let; and he if permitted by
law, and the
15 drain commissioner or drainage board shall make contract and take
16 security in each case as herein provided. The cost of completing
17 such part over and above the contract price, if any, and the
18 expense of notice and reletting shall be collected by the
19 commissioner of or
drainage board from the parties first
20 contracting or of their
bondsman. , which moneys, when so The
21 money collected , shall
be deposited with the county treasurer,
22 and placed to the credit of such drain.
23 Sec. 243. Whenever
If the amount assessed for the
24 construction of any a
drain shall not be is not sufficient
25 to complete the same,
drain and to pay all the costs and
26 incidental expenses or to pay the principal and interest on any
27 bonds if such are issued,
a further assessment shall be made to
1 meet the deficit or
additional expense. Such The further
2 assessment shall be apportioned, assessed, levied and collected
3 as provided in the first instance, and on the same percentage,
4 and shall be collected in 1 year, but there shall be no review of
5 nor or appeal from such the
further assessment. : Provided,
6 That whenever by
reason of the However, if the
deficiency is the
7 result of embezzlement,
fraud, or other wrongful act of by any
8 county official or by
reason of the conspiracy of any county
9 official with any other
person or persons to defraud any drainage
10 district, township or
county, there shall be any deficiency as
11 aforesaid, the board
of supervisors the county board
of
12 commissioners of any county traversed by the drain may provide
13 for the payment, out of the general fund of the county, of all or
14 any part of such the
additional assessment as may be
15 apportioned to that part of the drainage district within such
16 county, or for the
refunding to taxpayers the persons assessed
17 of any such assessment which may have been paid.
18 Sec. 244. (1)
All orders Orders or vouchers for the
19 payment for services rendered and work performed shall be drawn
20 by the commissioner or drainage board upon the drain fund of each
21 particular drain. In
case of taxes assessed for benefits
22 received which If special assessments are to be paid in 7
annual
23 installments or less, all orders for the payment for lands for
24 right-of-way shall be
paid out of the first year's taxes
25 special assessments, and
the balance of such the first year's
26 taxes special assessments, if any, shall be applied
pro rata
27 among the several contractors
in the payment of the contracts
1 for the construction of such drain. For the balance due upon
2 such contracts, the commissioner or drainage board shall draw
3 orders payable out of each succeeding year's assessment pro rata
4 among the several
contractors. : Provided, That no However,
5 the commissioner or drainage board shall not draw orders payable
6 in any one 1
year for a larger amount than said the year's
7 assessment, except in
cases where unless bonds and notes are
8 issued and sold as
provided by law. All drain
9 (2) Drain orders shall be drawn payable not sooner than the
10 fifteenth day of April nor later than the first day of August of
11 the year in which the
drain taxes for the payment thereof
12 special assessments are required to be paid. If the drain fund
13 is insufficient for such
this purpose because of delinquency in
14 the payment of drain taxes
special assessments after the lands
15 on which the said
taxes shall have become special assessments
16 are delinquent have been
offered for sale , in any such case
17 where and payment is made by the county treasurer
out of the
18 general fund, and
all delinquent drain taxes special
19 assessments subsequently
received by said the treasurer
20 thereafter shall be credited to the general fund until the
21 same general fund is reimbursed. In all cases
where If bonds
22 are issued and sold as
herein provided and the proceeds
23 thereof are deposited in the county treasury to the credit of
24 the fund of the particular
drain, orders presented on such
25 the fund shall be paid
out of the proceeds aforesaid, or out of
26 the first annual
installment of the taxes special assessments.
27 In no case where If there are outstanding bonds, shall
an
1 order shall not be
paid out of any an installment of taxes
2 special assessments collected other than the first.
3 Sec. 245. (1)
All drain Drain orders or vouchers made by
4 the commissioner or drainage board shall state the services
5 rendered in brief form ,
and shall be numbered and recorded and
6 signed by the
commissioner or drainage board. Such An order,
7 when due, shall be
presented to the county clerk and he
8 treasurer. The county treasurer shall immediately ascertain
9 from the county
treasurer if the particular fund on
which
10 said the order is drawn is sufficient to pay said
the order.
11 If such the
fund is sufficient, the county treasurer shall so
12 certify on the back of said
the drain order and the county
13 clerk or other authorized county officer shall thereupon issue
14 the usual county warrant upon the county treasurer for the
15 payment of said the
order, taking said the order so certified
16 as his or her
voucher. If such the particular fund is
17 insufficient when such
the order is presented for payment, the
18 county treasurer shall so
certify upon such the order and
19 such the order shall then draw interest at the rate
of 6% per
20 annum paid on 91-day United States treasury notes
from the date
21 of presentation until such
the particular fund is sufficient to
22 pay the same, said
interest to order. The interest shall be
23 computed and paid with the principal out of the proper fund on
24 which it was drawn, when there are sufficient funds to pay the
25 same principal and interest.
26 (2) The county treasurer shall keep a record in which he or
27 she shall note each drain order presented for payment on a drain
1 account which that
was insufficient to pay such the order on
2 the date of presentation. He or she shall note in such record
3 the amount, number, drain account, and the date of original
4 presentation for
payment. When there are is sufficient
5 moneys money in the particular drain account to pay
the order,
6 plus interest, the county
treasurer shall note the date of such
7 the sufficiency on such
the record and shall transfer
8 sufficient moneys money
to pay such the order and interest
9 then due from the particular drain account and drain fund to a
10 drain order redemption fund and the drain order shall cease to
11 earn interest as of that date. Transfers to the drain order
12 redemption fund shall be made in the order of priority in which
13 the drain orders were originally presented for payment. Payment
14 of such the
orders, including interest, earned as provided
15 herein, shall thereafter be made by the county treasurer from
16 the drain order redemption fund. Drain orders at any time during
17 the year in which such drain order becomes due and payable and
18 for a period of 30 28
days prior to such year shall be accepted
19 for the payment of
drainage taxes special assessments.
20 (3) The county treasurer shall report to the commissioner or
21 drainage board the amount
paid as interest on any and all such
22 drain orders. The county treasurer shall at the first of each
23 month furnish the drain commissioner or drainage board with a
24 report of all drain
orders cashed during the preceding month,
25 including the name of the drain upon which the order was drawn,
26 the amount, the number of the order, and the date of payment.
27 Sec. 247. The county drain commissioner or drainage board
1 acting under the provisions of this act may employ an attorney
2 when he deems the
same considered necessary and any legal
3 expense shall be charged
to the several drain districts in
4 behalf of which he
shall be employed. All such expenses
5 drainage district. The expense shall be paid out of the
6 revolving drain fund which shall be reimbursed out of the first
7 moneys money available. : Provided, That However,
the board
8 of supervisors commissioners
by resolution may cause request
9 the prosecuting attorney to give such legal assistance as part of
10 his the duties of the prosecuting attorney.
11
CHAPTER 11 .
12 LEVY AND COLLECTION
OF DRAIN TAXES. SPECIAL ASSESSMENTS
13 Sec. 261. Within 10
14 days after the letting of
14 contracts, or in case of
an appeal, then forthwith immediately
15 after such the
appeal shall have been is decided, the
16 commissioner or drainage board shall make a computation of the
17 entire cost of such the
drain, which shall include (1) all
18 the including, but not limited to, all of the
following:
19 (a) The
expense of laying out and designating the drainage
20 district, which item
of expense shall include the entire
21 establishing the drainage district and establishing and
22 constructing the drain, including, but not limited to, the cost
23 of the survey. ;
(2) the
24 (b) The
expense of locating, establishing and
25 constructing,
maintaining, or improving the drain. ; (3) the
26 fees and expenses of
special commissioners; (4) the compensation
27 to be paid the board
of review; (5) the
1 (c) The costs of acquiring property under section 7.
2 (d) The per diem compensation, mileage, and expenses to be
3 paid to members of boards under this act.
4 (e) The cost associated with evaluation of natural resource
5 impacts and the costs to minimize those impacts.
6 (f) The cost
of construction of bridges and culverts. ; (6)
7 the
8 (g) The costs for engineers, surveyors, and other
9 professionals.
10 (h) The contracts for the construction of the drain, or
11 other work to be done on said
the drain. ; (7) the
12 (i) The estimated cost of an appeal in case the
13 apportionment made by the
commissioner shall not be or drainage
14 board is not sustained.
; (8) the
15 (j) The
estimated cost of inspection. ; (9) the
16 (k) The cost
of publishing all notices required. ; (10) all
17 fees
18 (l) Fees of
the probate judge, ; (11) attorney if
19 applicable.
20 (m) Attorney fees for legal services in connection with the
21 drain ; and (12)
interest project.
22 (n) Interest on bonds or notes for the first year, if bonds
23 or notes are to be issued.
, and he shall add the whole into a
24 gross sum and add
thereto not
25 (o) Not less
than 10% nor or more than 15%, at the
26 discretion of the drain
commissioner or drainage board, of said
27 gross sum the sum of the costs under subdivisions (a) to
(n), to
1 cover contingent expenses.
, and the entire sum so ascertained
2 shall be deemed to be
the cost of construction of such drain.
3 Sec. 262. (1) The
commissioner shall thereupon make a
4 special assessment
roll for the drain for each county, township,
5 city, or village and
each state trunk line highway affected
6 thereby, which roll
shall be designated After the
cost of a
7 county drain is computed under section 261, the drain
8 commissioner shall make a special assessment roll for the drain
9 for each municipality and roadway affected by the drain. After
10 the cost of an intercounty drain is computed under section 261,
11 the drain commissioner of each county in which lands subject to
12 assessment for the drain are located shall make a special
13 assessment roll for the drain for each municipality and roadway
14 affected by the drain in that drain commissioner's county. The
15 drain commissioner making the roll shall designate the roll,
16 giving name or number, "drain special assessment roll". The
17 commissioner shall enter on the roll a correct description of the
18 tracts, parcels, or subdivisions of land benefited by the drain
19 which description may be made by tax parcel identification number
20 in compliance with section 152 and place opposite each
21 description the amount of the percent heretofore determined upon
22 by him the
commissioner or by the board of review. The
23 commissioner shall also enter on the roll the amount of the
24 percent apportioned to the
county, for benefits to any county
25 road, and to the
township, city, or village and the state highway
26 commission, for
benefits to any state trunk line highway a road
27 authority for benefits to a roadway, and in case if the amount
1 be is payable in installments, he
shall also enter thereon a
2 memorandum of the installments and of the year or years when the
3 installments shall be spread. The commissioner shall add a
4 certificate in writing of
the determination whether the taxes
5 special assessments assessed for benefits shall be paid in 1 or
6 more years. The rolls shall be dated and signed by the
7 commissioner and filed on or before the last Wednesday in
8 September in each year, in the office of the county clerk.
9 (2) The commissioner
shall prepare a tax special assessment
10 roll in each year for the
collection of taxes special
11 assessments for the
current year, and shall certify the same
12 roll to the county clerk on or before the first day of the annual
13 meeting of the county board of commissioners. In each roll, the
14 commissioner shall add to
the amount to be collected , interest
15 on all unpaid
installments to the date of tax collection, and
16 shall deduct from the amount to be collected by the county,
17 village, city, or township all amounts received from the proceeds
18 or income of property or an interest in property located in the
19 county, village, city, or
township and acquired through
20 condemnation or the
payment of damages under this act.
To the
21 roll for the last year, the commissioner shall add a further
22 amount, if any, as may be necessary together with outstanding
23 uncollected taxes special
assessments, to pay all outstanding
24 bonds and interest thereon to maturity. If the roll is made
25 payable in more than 1 installment, a permanent assessment roll
26 may be maintained in the office of the county treasurer, subject
27 to the direction of the board
of county auditors, in counties
1 having such a board,
and of the county board of commissioners in
2 other counties county board of commissioners, showing the
total
3 cost, the number of installments, and the amount of each annual
4 assessment, together with interest charges thereon, which shall
5 be carried in a separate column.
6 (3) If the roll is made payable in more than 1 installment,
7 and the total amount of any assessment is $10.00 or less,
8 exclusive of interest, then that assessment shall be payable in 1
9 installment; but if the assessment exceeds the sum of $10.00 and
10 is made payable in more than 1 installment, then that
11 installment, exclusive of interest, shall not be less than the
12 sum of $10.00, excepting the final installment, which shall be
13 payable in the amount of the actual balance.
14 Sec. 263. It
shall be the duty of the The supervisor ,
15 or village or city
assessor , to shall spread on his the roll
16 the total amount of all
drain taxes special assessments
17 determined upon by
the county drain commissioner to be assessed
18 upon the county, township, city, or village at large by adding to
19 the county, township, city, or village tax for the year in which
20 the same drain
assessment was assessed and extending said tax
21 the drain assessment in the same column with the general county,
22 township, city, or
village tax. : Provided, That in such In
23 villages or cities,
of this state, where the municipal taxes
24 therefor are assessed and collected prior to before
the
25 October meeting of the county
board of supervisors, all taxes
26 commissioners, drain assessments ordered to be spread against
27 such municipalities shall be spread during the calendar year
1 following such the
action by the county board of supervisors:
2 Provided further, That
in commissioners. In lieu of
the
3 addition of such tax the
drain assessment to the county,
4 township, city, or
village tax, the legislative body thereof
5 governing body of the municipality may in any year provide for
6 the payment thereof from the general or contingent fund of such
7 county, township, city,
or village. Such The supervisor or
8 assessor shall also
spread upon said the roll, separately, and
9 immediately following the other descriptions, all tracts or
10 parcels of land specified by the commissioner to be assessed for
11 benefits, and shall place opposite each description, in a column
12 marked, "(giving the name or number) ......................
13 drain taxes special
assessments," the amount of taxes
14 assessments apportioned
thereon, as certified to him by the
15 county clerk.
16 Sec. 265. All
drain taxes Drain special assessments
17 assessed under the
provisions of this act shall be are
18 subject to the same interest and charges, and shall be collected
19 in the same manner as state and other general taxes are
20 collected, and collecting officers are hereby vested with the
21 same power and authority
in the collection of such taxes the
22 special assessments as are or may be conferred by law for
23 collecting general
taxes. Drain taxes special assessments,
24 when collected, shall be returned to the county treasurer to be
25 disbursed by him. In
all cases where within 14 days of receipt
26 unless waived by the drain commissioner to some other specified
27 time. Any interest earned from the time of collection and
1 accounting to the day of delivery shall be returned to each drain
2 fund on a pro rata basis. If suit is brought against the
3 collector arising out of
the collection of any drain tax a
4 drain special assessment,
the county shall defend such the
5 officer in the same
manner that he has now the right to be
6 defended in as if the suit arose out of the collection of
7 general taxes. No A
suit shall not be instituted to recover
8 any drain tax special
assessment or money paid or property sold
9 therefor for a drain special assessment, or for damages
on
10 account thereof of
a drain special assessment, unless brought
11 within 30 28
days from the time of payment of such the money
12 to, or sale of such
property by, the collecting officer. ; and
13 if such tax shall be If the special assessment is paid under
14 protest, the reasons therefor
for the protest shall be
15 specified, and the same procedure observed as is or may be
16 required by the general tax
law. All taxes property tax act,
17 1893 PA 206, MCL 211.1 to 211.157. Special assessments levied
18 under the provisions
of this act, with all lawful costs,
19 interest, and
charges, shall be and remain a perpetual are a
20 lien upon the lands upon which they are assessed, and a personal
21 claim against the owner or owners of such lands until they are
22 paid.
23 Sec. 266. If the taxes
special assessments levied for the
24 construction, cleaning
out, widening, deepening, straightening
25 or extending maintenance, or improvement of any a
drain are
26 not collected by the township, city, or village treasurer, they
27 shall by him be
returned by that treasurer, together with the
1 lands upon which they were levied, to the county treasurer in the
2 same return, at the same time, and in the same manner, in every
3 respect (naming in each case the particular drain), as lands are
4 returned for state,
county, and township taxes. , and such
5 taxes Drain special assessments shall follow such
the lands,
6 the same as all such
other do property taxes, and all may be
7 collected in the same manner as provided by the general
8 provisions of law now
existing, or that may be hereafter
9 enacted for enforcing the payment of township, county,
and state
10 taxes. , shall
apply to such drain taxes, and to the lands
11 returned delinquent
therefor, in the same manner and with like
12 effect. However, the treasurer shall notify the drain
13 commissioner of all land in the county that has been returned
14 delinquent and subject to sale so that the drain commissioner or
15 drainage board may file an affidavit of special assessment
16 pending and subject to collection before the sale or reversion.
17 Sec. 267. After any taxes
special assessments have been
18 assessed for the construction,
location or establishment
19 establishment, construction, maintenance, or improvement of any
20 drain, no injunction
shall issue to restrain the spreading of
21 the same assessments
upon the tax roll nor to restrain or the
22 collection thereof,
nor shall the same be in any manner of the
23 assessments shall not be enjoined or stayed, unless the amount of
24 such the assessment shall first be has
been paid into the
25 township treasury to be
applied upon such tax, in case the court
26 in which the suit upon
which injunction is tried shall so order
27 to the assessment upon order of the court.
1 Sec. 269. (1) The collection of a special assessment levied
2 or ordered to be levied for the payment of the establishment,
3 construction, maintenance, or improvement of a drain under this
4 act shall not be perpetually enjoined or declared absolutely void
5 for any reason. The court in which an action is brought to
6 recover a special assessment paid, or to declare void the
7 proceedings to establish and construct any drain, or to enjoin
8 any special assessment levied or ordered to be levied for the
9 payment of the labor and expense thereof, may, if there be
10 manifest error in the proceedings, allow the plaintiff in action
11 to show that he or she has been injured thereby. Any such action
12 is subject to section 161.
13 (2) The court in which such proceedings are begun shall allow
14 proof that the drain was necessary and conducive to the public
15 health, convenience safety,
or welfare or for agriculture, and
16 that all the steps required by law have been substantially
17 complied with, notwithstanding the record required to be kept by
18 the commissioner or
drainage board. In case If substantial
19 error is found after hearing proof of both sides, the court may
20 correct any gross injustice in the award of damages, or
21 assessment of benefits.
as may appear after hearing the proofs
22 and allegations of
both sides and the court
shall make such an
23 order in the premises
as shall be just and equitable, and may
24 order that such tax
or any of the following:
25 (a) That the special assessment remain on the tax roll for
26 collection. ,
or order
27 (b) That the same
to special assessment be relieved. , or
1 may perpetually enjoin
the same or any part thereof, or if the
2 same
3 (c) If the special assessment has been paid under protest,
4 may order the whole that the special assessment, or such part
5 thereof as is just and
equitable, to be refunded. In all
6 cases where
assessments shall be set aside
7 (3) If the court sets aside assessments after contracts have
8 been let or bonds or notes sold, the decree shall make full
9 provision for payment of work done and materials furnished under
10 said the contracts before the commencement of suit,
and for
11 payment of such the
bonds or notes and interest thereon, by
12 reassessment according to benefits, or otherwise as equity may
13 require. The cost of
such proceedings, if error or injustice be
14 shown, shall be
apportioned among the parties, or if
15 (4) If no
manifest error or injustice be is shown, such
16 costs of the proceedings shall be collected of the party bringing
17 the action.
18 Sec. 270. Whenever
any If a drain has been located and
19 established, is established and contracts let for its
20 construction, maintenance,
or improvement and the work of
21 construction has been is completed, or partly completed, and the
22 commissioner or
drainage board has made his an order
23 establishing the drain, his
the apportionment of benefits, and
24 special assessment roll
and filed the same order in the office
25 of the county drain
commissioner, as provided by this act, and
26 such taxes remain a
perpetual the special assessments
are a lien
27 upon the lands assessed.
, and filed all of said papers in the
1 office of the county
drain commissioner, and no person or
2 municipality affected
by the proceedings has taken any action by
3 virtue of section 161
of this act to test the validity of the
4 proceedings, or to set
the same aside, and it shall further
5 appear that the tax If the special assessment has not been
6 spread on the tax roll of the municipalities affected and the
7 lien of said tax the
special assessment still remains against
8 such the lands, on the application in writing of
any person or
9 corporation who is now
or were owners an owner of the land
10 assessed at the time of
the apportionment of benefits by the
11 commissioner or any person or corporation who were the owners of
12 land at said the
time of apportionment of benefits and who were
13 assessed therefor, and who sold such land with covenants of
14 warranty, may make an application in writing to the county drain
15 commissioner or
drainage board setting forth such facts. , and
16 upon Upon the filing of such the
application, it shall be the
17 duty of the county drain commissioner to or
drainage board
18 shall make a certified
copy of the assessment roll filed in his
19 the office by the
commissioner and present to and lay it
20 before to the county board of supervisors commissioners
at
21 the its first October session. ,
thereafter of said board, and
22 thereupon it shall be
the duty of said board at said at
that
23 session, to the
county board of commissioners shall order and
24 direct such taxes the
special assessments to be spread upon the
25 tax roll of the municipalities affected thereby, according to the
26 said assessment filed as aforesaid, and as appears by
such
27 special assessment
roll, so certified to said board and
1 certified. The
provisions of this section shall also apply to
2 drains laid out and
established and wholly or partly constructed
3 under the provisions
of all drain laws in force prior to the
4 passage of this act,
where such laws have made such drain tax a
5 perpetual lien upon
the lands upon which they are assessed.
6 Sec. 273. In
case any drain tax heretofore or to be
7 hereafter assessed
shall be If a drain special
assessment is set
8 aside, except for causes that would deprive the commissioner of
9 jurisdiction to construct the drain, the commissioner may begin
10 proceedings anew at the
stage where they shall be correct. In
11 case the defect occurred. If a drain tax special
assessment
12 can or may be set aside for error in description or other defect
13 in the commissioner's or township treasurer's roll, upon
14 discovery of the defect,
the commissioner shall report the same
15 defect to the county
board of supervisors at their October
16 session, who commissioners, which shall order the same special
17 assessment to be
reassessed upon the proper description. Such
18 The report may be made at any time before the sale of the land
19 for such tax the
special assessment.
20 Sec. 274. In any suit
action brought to set aside any
21 drain tax assessment,
or in any way attacking the legality of
22 any drain proceedings, the commissioner shall be made a party to
23 said suit the action.
24 Sec. 275. (1)
In cases where the issuing of bonds shall
25 have been determined
upon, as provided in this act, and subject
26 to the provisions of
section 221 of this act, the commissioner
27 Subject to section 221, the commissioner or drainage board may
1 borrow money in
anticipation of the collection of the special
2 assessment installments and may issue as evidence thereof the
3 bonds of the drainage
district. as defined in this act. The
4 obligations The bonds shall specify on their face that
they are
5 payable out of the
installments of drain taxes special
6 assessments to be collected, and the amount of the bonds shall
7 not exceed the aggregate of the installments levied. Bonds
8 issued under this act shall be signed by the commissioner or
9 chairperson of the drainage board on behalf of the drainage
10 district, shall be
countersigned by the county clerk and of
11 each county in the drainage district, shall be payable in annual
12 installments equal in
number to the installments of taxes
13 special assessments, and shall mature not earlier than March
14 first and not later than June first of the year following the due
15 dates of the respective
installments of taxes special
16 assessments. The number
of installments shall not exceed 20:
17 Provided, however,
That in any drainage district containing a
18 closed drain, any part
of whose cross-section has an area
19 exceeding 60 square
feet, the number of installments may be, but
20 shall not exceed, 30,
and the 30. The amount of
each
21 installment shall be fixed to correspond as near as may be to the
22 drain commissioner's or drainage board's estimate of the amount
23 of taxes special
assessments actually collectible each year. ,
24 and in no case shall
bonds Bonds shall mature not
more than
25 2-1/2 years after the
corresponding installment of taxes
26 special assessments. The commissioner or drainage board shall
27 pledge in the bond the credit of the drainage district, including
1 the lands embraced within the district and the townships, cities,
2 villages, counties, and state
trunk line highways roadways
3 assessed at large, in the
proportion that they are taxed
4 specially assessed for the benefits received.
5 (2) The bonds shall be sold subject to the revised municipal
6 finance act, 2001 PA 34, MCL 141.2101 to 141.2821. If any
7 premium is received on the bonds, the premium shall belong to the
8 fund of the drain. The proceeds derived from the sale of the
9 bonds shall be deposited with the county treasurer to the credit
10 of the drain fund. The county treasurer shall safely keep all
11 the bonds until sold.
as above provided: Provided, however,
12 That this act shall
not be considered to This act
does not
13 affect any bonds or
refunding bonds issued prior to the
14 effective date of this
act before March 28, 1956 or
any
15 refunding bonds issued to
replace such bonds. the same:
16 Provided further, That
no county shall advance or pay out of its
17 general funds any
moneys for or on account of principal or
18 interest of any drain
bonds issued before the effective date of
19 former Act No. 331 of
the Public Acts of 1927, or any refunding
20 bonds issued to
replace the same.
21 Sec. 275a. (1) A drainage district may borrow money or
22 accept the advance of work, material, or money from a public or
23 private corporation, partnership, association, individual, or the
24 federal or state government or any agency of the federal or state
25 government for any of the following:
26 (a) The payment of, or in connection with the construction,
27 maintenance, or improvement of, any part of a drain project.
1 (b) The financing and engineering or feasibility,
2 practicability, environmental assessment, or impact study of a
3 drain project.
4 (c) The costs of acquiring property under section 7.
5 (d) Engineering and legal fees.
6 (2) The borrowing by the drainage district may be with or
7 without interest as may be agreed and reimbursed, when funds are
8 available. The obligation of the drainage district to make the
9 repayment or reimbursement may be evidenced by a contract or
10 note, which contract or note may pledge the full faith and credit
11 of the drainage district and may be made payable out of the drain
12 assessments made against public corporations at large, or against
13 lands in the drainage district, or out of the proceeds of drain
14 orders, notes, or bonds issued by the drainage district pursuant
15 to this act or out of any other available funds, and the contract
16 or note shall not be considered to be an obligation with the
17 meaning of the municipal finance act, 1943 PA 202, MCL 131.1 to
18 139.3, unless the principal aggregate amount of the note or notes
19 of the district exceeds $600,000.00. However, any projects in
20 which advances or loans are made by any public corporation, the
21 federal government, or any agency of the federal government shall
22 not be included in this aggregate amount.
23 (3) A county board of commissioners by a vote of 2/3 of its
24 total membership may pledge the full faith and credit of a county
25 for the payment of a note of the drainage district.
26 Sec. 276. (1)
If bonds or notes are to be issued in
27 respect to an
intracounty for a county
drain, the county board
1 of commissioners may, by resolution adopted by a majority of its
2 total membership, pledge the full faith and credit of the county
3 for the prompt payment of the principal of and interest on any
4 bonds or notes hereafter issued pursuant to this act. This shall
5 not validate any bonds or
notes heretofore issued before May
6 14, 1957. In the
event If the county shall be is required to
7 advance any money by reason of such pledge, and if the
8 collections from special assessments shall not be sufficient to
9 reimburse the county therefor, the drain commissioner of such
10 county shall, within a 2-year period from the date of
11 advancement, reassess the drainage district as in the first
12 instance in order to provide for the repayment to the county of
13 the sums so advanced. The
provisions of this section shall not
14 permit the advancement
or any moneys out of the general funds of
15 any county to meet any
deficiency in the collection of drain
16 assessments confirmed
prior to May 1, 1953.
17 (2) If a drainage project lies entirely within the limits of
18 a municipality, other than a county, the governing body of the
19 municipality may pledge the full faith and credit of the
20 municipality for the payment of bonds or drain orders issued in
21 connection with the project. If a deficiency exists in the drain
22 fund or sinking fund for the drain 1 year after the last
23 installment of the deficiency assessment provided for in section
24 280 becomes delinquent, the municipality shall immediately
25 advance to the county drain fund the amount of the deficiency.
26 After the municipality makes the advance, all receipts of the
27 drain fund from the sale of delinquent tax lands, which had been
1 assessed for the drain, shall be paid to the municipality within
2 91 days after receipt by the county treasurer.
3 Sec. 277. Whenever
lands in any city, village or township
4 or combination thereof
shall be assessed for all or any part of
5 the cost of a drain,
the The governing body of
each such
6 cities, villages or
townships city, village, or
township in
7 which are located lands assessed for all or part of the cost of a
8 drain, by resolution adopted prior to the issuance of drain
9 orders and/or or
bonds, or both, in anticipation of the payment
10 of the assessments for such
the drain, may agree that in the
11 event of any delinquency in the collection of the assessments
12 against lands in such
the cities, villages, or townships, the
13 cities, villages,
or townships shall advance the amount of such
14 the delinquency from unobligated funds in the general fund to the
15 extent necessary to pay
principal and interest on such the
16 drain orders and/or or
bonds as the same they mature. In
17 the event that moneys
are If money is so advanced,
then the
18 cities, villages, or townships shall be reimbursed from the
19 collection of the said delinquent assessments against lands
20 within its boundaries. If the collections from special
21 assessments shall are
not be sufficient to reimburse the
22 cities, villages,
or townships, the drain commissioner of such
23 the county or drainage board shall, within a 5-year period from
24 the date of advancement, reassess the drainage district as in the
25 first instance in order to provide for the repayment of the sums
26 so advanced. :
Provided, That this This act shall not validate
27 any drain orders or bonds
issued prior to the effective date of
1 this act before March 28, 1956.
2 Sec. 277a. (1) If drainage districts are consolidated as
3 provided for in this act, the consolidated district shall, except
4 as otherwise provided in this act, have all the rights and powers
5 and be subject to all laws applicable to county or intercounty
6 drainage districts, as applicable.
7 (2) The merging of a drainage district into a consolidated
8 district does not affect the obligation of any bonds issued or
9 contracts entered into by the district or invalidate the levy,
10 extension, or collection of any taxes or special assessments upon
11 property in the debtor district. The bonds and contracts shall
12 be taken over and assumed by the consolidated district, and all
13 outstanding special assessments shall be collected and paid over
14 to the consolidated district for the payment of the obligations
15 previously issued or contracts previously entered into by the
16 debtor district. If further funds are necessary for the payment
17 of obligations previously issued or contracts previously entered
18 into by the debtor district, the drain commissioner or drainage
19 board of the consolidated district shall continue to levy a
20 special assessment based on the special assessment roll created
21 to finance the obligations or contracts. The proceeds of the
22 special assessment shall be used only for the purpose of paying
23 the indebtedness, and the interest thereon.
24 (3) If there are funds in the drain account of any of the
25 districts to be consolidated, the funds shall be placed in a
26 separate account for the consolidated district and shall be used
27 to pay expenses incurred by the commissioner or drainage board
1 for the consolidated district, except as follows:
2 (a) If lands are added which were not previously located in a
3 petitioning district, funds from each account where there is a
4 surplus shall be paid out or prorated in the same manner as
5 provided for abandoned or vacated drains after that district's
6 indebtedness for the cost of consolidation has been satisfied.
7 (b) If 1 of the districts consolidated is specially
8 benefitted by the continued operation and maintenance of pumping
9 equipment or other mechanical operations, a separate account
10 shall be maintained to provide for payment for the operation and
11 maintenance of the pumping equipment or other mechanical
12 operation.
13 Sec. 278. If bonds or notes are issued and sold by the
14 commissioner or
drainage board, installments of the drain taxes
15 special assessments shall
bear interest not to exceed at a rate
16 which is not greater than 1% per annum more than the average rate
17 of interest on the bonds or notes from the date of the
18 preparation of the assessment roll until due. The bonds or notes
19 may provide, if the commissioner or drainage board so determines,
20 for the payment of interest semiannually. The installments and
21 the interest shall, as collected, be paid into the county
22 treasury and placed to the credit of the fund of the drain, to be
23 used solely for the payment of bonds or notes as they mature.
24 Money collected in anticipation of the maturity of the bonds or
25 notes shall be deposited by the county treasurer in a bank or
26 banks to be designated by
the county board of commissioners. of
27 the county and the The interest received shall belong to the
1 fund. Bonds or notes issued and sold by the commissioner or
2 drainage board shall bear interest at not to exceed the rate
3 specified in the revised municipal finance act, 2001 PA 34,
4 MCL 141.2101 to 141.2821.
5 Sec. 279. Any person
liable to for the payment of special
6 assessments for
benefits received from the construction of a
7 drain hereunder may pay the same assessment in full
with
8 interest to date at any time, subject to the right of
9 reassessment in case of a
deficiency as herein provided.
10 However, a prepayment made following the issuance of bonds or
11 notes is subject to the first-year interest on the bonds or
12 notes. The foregoing right
of prepayment shall extend to the
13 extends to this state or any political subdivision thereof,
14 assessed at large for a
portion of the cost of a the drain.
15 Such payment may be made
to the township treasurer drain
16 commissioner, who shall give his or her receipt therefor and who
17 shall transmit the same
receipt to the county treasurer. The
18 latter official
shall, on receipt of the same, give notice to
19 the commissioner, who commissioner shall make the necessary
20 changes in the rolls covering subsequent installments.
21 Sec. 280. (1) If, for any reason, there is not sufficient
22 money in the fund in a particular drain at the time of the
23 maturity of the bonds last to mature, or any drain orders, to pay
24 all outstanding bonds or drain orders with interest, or to
25 reimburse the county for money which it has been obliged to
26 advance pursuant to
section 275, whether such insufficiency is
27 due to the
anticipation of installments as provided in section
1 279, or to failure to
sell any lands for delinquent taxes, or to
2 any other cause, it
shall be the duty of the commissioner to the
3 commissioner or drainage board shall at once levy an additional
4 assessment. as
provided in this act provided in such an amount
5 as The additional assessment shall be in an amount
that will
6 make up the deficiency which
and shall be spread in not to
7 exceed 7 annual
installments. ; and if the commissioner
8 determines that the
entire amount, if spread in 1 year, would be
9 an undue burden or
create unnecessary hardship, he or she may
10 order it spread over
any number of years up to but not exceeding
11 7. If bonds or other evidences of indebtedness are
issued
12 pursuant to the revised municipal finance act, 2001 PA 34,
13 MCL 141.2101 to 141.2821, to refund the outstanding indebtedness
14 of a drain district, the
governing body of such the drain
15 district shall provide, subject to the requirements of the
16 revised municipal finance act, 2001 PA 34, MCL 141.2101 to
17 141.2821, for such additional
levies of assessments prior to
18 before the maturity of the refunding obligations as necessary to
19 prevent default in payment of interest on the obligations, and
20 for the maintenance of a sinking
fund for their the
21 retirement of the
obligations. Every officer charged with the
22 determination of determining the amount of taxes special
23 assessments to be raised,
or the levying of the taxes special
24 assessments, shall make or cause to be made the additional levies
25 as provided. Any surplus remaining after the payment of the
26 bonds and interest shall remain in the county treasury and be
27 used for the maintenance of the drain.
1 (2) The additional
assessments shall only apply to drain
2 orders or bonds issued
after March 28, 1956 and shall be
3 apportioned, assessed, levied, and collected as provided in the
4 first instance. As
to deficiency assessments levied for drain
5 orders or bonds issued
after March 28, 1956, there shall be no
6 lands exempted from
the levy, except those which at the time of
7 the additional
assessments are owned or used as follows:
8 (a) Lands owned by
the United States.
9 (b) Lands owned by
the state of Michigan.
10 (c) Lands owned by
any county, city, village, township, or
11 school district and
used for public purposes.
12 (d) Lands used
exclusively for burial grounds.
13 (e) Lands
dedicated to the public and actually used as a
14 highway or alley, and
not used for gain.
15 (3) An additional assessment shall not be levied or collected
16 for the purpose of paying the principal or interest upon any
17 bonds or obligations which
have heretofore been that were held
18 to be invalid , and
any such before March 28, 1956. An
19 additional assessment shall not be apportioned, assessed, levied,
20 or collected for the purpose of paying any bonds, interest, or
21 obligations for the
payment of which assessments have been were
22 made before March 28, 1956.
23 Sec. 282. (1) The drain commissioner or drainage board may
24 direct the treasurer of any drainage district to invest any
25 surplus funds belonging to and under the control of the drain
26 commissioner or drainage
board as provided in section 1 of Act
27 No. 20 of the Public
Acts of 1943, being section 129.91 of the
1 Michigan Compiled Laws
1943 PA 20, MCL 129.91. Otherwise,
the
2 funds shall be invested in secure interest bearing accounts. The
3 treasurer of the drainage district shall credit earnings from
4 investments under this section to the drainage district fund.
5 (2) If 2 or more
drainage district funds which are under
6 control of the drain commissioner or drainage board have balances
7 of less than $1,000.00,
those drainage district funds may shall
8 be consolidated into 1
account for short-term investment. as
9 directed by the drain
commissioner. A drainage district
fund
10 shall not be consolidated if there is an immediate and apparent
11 need for expending that fund on the specific drain to which the
12 fund belongs.
13 (3) The interest earned by a fund consolidated under
14 subsection (2) may be deposited in a segregated revolving
15 maintenance fund which the drain commissioner or drainage board
16 may use for temporarily financing necessary maintenance expenses
17 on an intracounty a
county or intercounty drain within that
18 drain commissioner's or drainage board's jurisdiction. The
19 revolving maintenance fund shall be a fund separate from the
20 revolving drain fund provided for in chapter 12. The revolving
21 maintenance fund shall be accounted for, administered, and
22 reimbursed in the same manner as the revolving drain fund under
23 section 303.
24 (4) If a drainage district fund has a balance of $1,000.00 or
25 more, the drain commissioner or drainage board may direct that
26 that fund be consolidated with other funds for investment
27 purposes. The interest earned, whether from a consolidated or
1 separate account, shall immediately be deposited in the drainage
2 district fund to which the principal belongs.
3 (5) The principal balances of each drainage district fund
4 shall be accounted for at all times and may only be spent by
5 order of the drain commissioner or drainage board on expenses
6 necessary for the operation and maintenance of the drain to which
7 the fund belongs.
8 Sec. 283. (1) The drain commissioner or drainage board
9 shall use deposit
in the drain fund of the drainage district
10 any surplus construction funds remaining in the construction fund
11 after completion of the project for the inspection, repair, and
12 maintenance of the drain as
provided in section 196 or shall
13 authorize the transfer of the funds to the bond and interest
14 account, if bonds were issued, in the amounts the drain
15 commissioner or drainage board considers proper.
16 (2) The drainage
board or drain commissioner shall may
17 contract with a public corporation if that public corporation has
18 been assessed for all or part of the cost of the drain or if land
19 in a city, village,
township, or combination thereof public
20 corporation has been assessed for all or any part of the cost of
21 a drain. The contract shall provide that after all outstanding
22 drain orders or bonds are paid on a drainage district project,
23 the drain commissioner or
drainage board shall may authorize
24 the respective county
treasurers district treasurer to pay
25 over any portion of the surplus that the drain
commissioner or
26 drainage board considers
not needed for more than the cost of
27 inspection, repair, and maintenance of the drain as provided in
1 section 196 199
to the county, township, city, or village in
2 which the drain was
located or in which assessments for benefits
3 have been assessed and
collected such public
corporations. The
4 payments shall be on a pro rata basis in direct proportion to the
5 amounts assessed and
collected from each county, city, village,
6 or township public corporation. The contract shall also
provide
7 that upon receipt of the
surplus funds the county, city,
8 village, or township public corporation shall utilize those
9 surplus funds to
alleviate drainage problems in their respective
10 jurisdictions its jurisdiction.
11 (3) If state trunk line highway funds are involved in a
12 project, the drain commissioner or drainage board, upon
13 completion of a construction
project, shall and after payment
14 of all outstanding bonds or notes shall return to the state
15 transportation department, on a pro rata basis, surplus
16 construction funds in excess of the amount considered necessary
17 by the drain commissioner or drainage board to pay for
18 inspection, repair, and maintenance of the drain as provided in
19 section 199. 196
to the state transportation department for the
20 construction,
maintenance, and administration of state highways.
21 (4) As used in
this section, "public corporation" includes a
22 city, village,
township, or county, or the state.
23
CHAPTER 12 .
24 REVOLVING
FUNDS FOR DRAINS .
25 Sec. 301. At the October session of the county board of
26 supervisors commissioners of each county, each the
board
27 shall appropriate and collect by general taxation from the
1 taxable property within their
respective counties the county
2 for the purpose of
creating a revolving drain fund, such sum as
3 said board may deem the sum that the board considers necessary.
4 Said The revolving fund when so created shall
be used and
5 disposed of solely as provided in this chapter.
6 Sec. 302. (1) The revolving fund may be used for paying any
7 of the following:
8 (a) The engineer or
surveyor for his services in laying out
9 a drainage district.
, also any
10 (b) Any
necessary assistance therefor and to pay any and all
11 other for the engineer or surveyor.
12 (c) Other legal, engineering, natural resource impact
13 assessment, or consulting services to the date of letting the
14 drain contract. for
paying members
15 (d) Members of boards of determination for services performed
16 under this act. ,
for necessary
17 (e) Necessary
repairs on old drains. , and also for paying
18 drain
19 (f) Drain
orders that are due not in excess of $2,000.00
20 $5,000.00 if authorized
by the county board of supervisors
21 commissioners.
22 (2) Orders drawn by the drain commissioner on the revolving
23 fund may be made payable
upon the performance of services herein
24 defined listed in subsection (1). From said the
revolving
25 fund may be paid the
services herein mentioned listed in
26 subsection (1) on any drain or drainage district affecting more
27 than 1 county. Such The
total expense is shall be prorated
1 among the several counties
affected according to the amount
2 apportioned to be paid by
and in said counties respectively for
3 said each county for the drain. Any and all
orders Orders for
4 services rendered or expenses incurred after the date of letting
5 the drain contract shall be paid in the manner prescribed in
6 chapter 10. ,
being sections 241 to 248.
7 Sec. 303. The county treasurers shall carry as a separate
8 account upon the books of their office a revolving fund and all
9 accounts and items pertaining thereto. A record shall be kept of
10 the amount of money paid from the revolving fund for the use and
11 benefit of any particular drainage district and upon payment to
12 the county treasurer of
the taxes assessed assessments levied
13 in the particular drainage district, the county treasurer, out of
14 the moneys received, shall transfer to the revolving fund pro
15 rata according to the number of installments of taxes the sum
16 expended.
17 Sec. 304. The said
revolving fund shall be deposited in
18 the bank of the
county offering the highest rate of interest on
19 daily balances, final
determination to be made by the board of
20 supervisors of the
particular county, the an
authorized
21 depository for county funds. The interest so received to
22 earned on the fund shall
be paid into and become a part of said
23 the fund.
24 Sec. 306. Whenever
If revolving fund moneys have money
25 has been expended or a drainage district has become obligated to
26 pay expenses for
engineering, legal, and or administrative
27 services, by action of the drain commissioner or drainage board
1 and no an
improvement has not been completed subsequent to
2 after the drain commissioner's order designating a drainage
3 district or entry of the
first order of determination as
4 prescribed in under section 72 where for an
intracounty drain,
5 is involved, the drain commissioner of such the
county which
6 has expended such
revolving fund moneys money may report such
7 that fact to the board of
supervisors commissioners. If no
8 an improvement has
been is not completed within a period of 5
9 years subsequent to
the commissioner's order designating a
10 drainage district or 2 years after entry of the first order of
11 determination as
prescribed in under section 72 55, the drain
12 commissioner of such
county shall report such that fact to the
13 county board of supervisors
commissioners. If the sum involved
14 is too small to justify
spreading the same sum over the
15 designated drainage
district, above referred to, such the
16 county board of supervisors
commissioners may order the sum to
17 be spread against the property of the original petitioners
18 according to such
percentage as the commissioners shall deem
19 the percentage that the drain commissioner considers just and
20 equitable, based on the same benefit theory as if the improvement
21 had been completed. If the sum involved is large enough to, in
22 the opinion of the county
board of supervisors commissioners,
23 create undue hardship on the original petitioners, the county
24 board of supervisors commissioners
may order the same sum
25 spread over such the
designated district and the drain
26 commissioner shall
apportion the cost thereof sum to the
27 parties benefited in the district as provided in chapter 7 for
1 the purpose of permitting a review of the roll as to fairness of
2 the apportionment only.
3 Sec. 307. Whenever
If revolving fund moneys have money
4 has been expended and no
improvement has been completed
5 subsequent to the
order designating a drainage district as
6 prescribed in an improvement is not completed within 2 years
7 after entry of the first order of determination under section 105
8 of this act where an intercounty drain is involved, within a
9 period of 5 years, the drainage board created in section 102 of
10 this act shall apportion the cost as between counties. Any
11 drain commissioner
feeling aggrieved by such the apportionment
12 may request review by the board of review provided in section
13 106 of this act, and
such board shall proceed to review the
14 same 104, and the board of review shall review the apportionment
15 as provided in this act. The decisions of the board of review
16 shall be are final. Thereafter, the amount
apportioned to each
17 county shall be recovered
by each that county as above
18 outlined provided for the recovery of revolving fund moneys
19 money expended for an
intracounty drain in section 306. of this
20 act.
21
CHAPTER 13 .
22 HIGHWAYS. ROADWAYS,
RAILROADS, UTILITIES, AND OTHER STRUCTURES
23 Sec. 322. (1)
When any If a drain crosses a highway
24 roadway, the necessary bridge or culvert shall be constructed on
25 the center line of the highway
roadway as located by survey,
26 and in accordance with plans and specifications which shall be
27 approved by the county
road commission having jurisdiction, or
1 by the state highway
commissioner if such highway is a state
2 trunk line roadway authority under a permit under section 7.
3 The cost of constructing the necessary bridge or culvert shall be
4 charged in the first instance as part of the cost of construction
5 of such the
drain. The board of county road commissioners or
6 the state highway commissioner
roadway authority shall
assume
7 and bear such a
portion of the cost of construction, based upon
8 benefits, as may be
agreed upon with the drain commissioner. In
9 such case, the The contract for the construction of the
bridge
10 shall not be let by the drain commissioner without the written
11 consent of the state
highway commissioner or the board of county
12 road commissioners.
Thereafter such roadway
authority.
13 (2) After
construction, the bridge or culvert constructed
14 under the provisions
of this act shall be maintained by
the
15 county road
commission or state highway commissioner. Any such
16 roadway authority.
17 (3) An expense
charged to the state highway commissioner
18 transportation department under this section shall be met paid
19 out of any funds
appropriated for the state highway
20 transportation department
that may be available therefor. ; and
21 any such expense to be
borne by An expense charged to
the board
22 of county road commissioners under this section shall be paid out
23 of moneys money
in the county road fund not otherwise
24 appropriated.
25 (4) As part of
such the drain, there shall be constructed
26 at least 1 bridge or culvert across such drain connecting the
27 highway (except roadway with each farm entrance, unless the
1 roadway is a limited
access highways highway established under
2 Act No. 205 of the
Public Acts of 1941, as amended, being
3 sections 252.51 to
252.64 of the Compiled Laws of 1948), with
4 each farm entrance,
and when 1941 PA 205, MCL 252.51
to 252.64.
5 If a drain crosses a farm
or any portion thereof there shall be
6 constructed 1 bridge,
culvert or ford across the drain connecting
7 the portions of the
farm disconnected by the drain, which parcel
8 or tract of land and will diminish access to portions of the
9 parcel or tract disconnected by the drain, 1 bridge, culvert, or
10 ford shall be constructed across the drain to connect those
11 portions of the parcel or tract so that the degree of access is
12 not diminished. The cost of construction and maintenance of the
13 bridge, culvert,
or ford shall also be charged in the first
14 instance as a part of the construction and maintenance,
15 respectively, of such
the drain. , after which such bridge,
16 culvert or ford shall
be maintained by the owner of the land.
17 (5) If the
drain commissioner shall make future or drainage
18 board maintains or makes
improvements such as widening,
19 deepening,
straightening or relocating such drain, but not clean
20 out alone, there shall
be constructed the to a drain,
necessary
21 bridges, culverts, and fords may be constructed or maintained as
22 parts part of such improvements the
drain maintenance or
23 improvement.
24 (6) The commissioner's or drainage board's engineer shall
25 recommend methods to reduce soil erosion and sedimentation. The
26 engineer, when necessary, shall also recommend the size and type
27 of construction for necessary bridges, culverts, and fords.
1 Sec. 322b. If any person desires during construction or
2 reconstruction of a highway
roadway to install a drain for
3 agricultural benefits in
lands adjacent to any highway roadway,
4 and if a satisfactory outlet cannot be secured on the upper side
5 of the highway roadway
right-of-way and the drain must be
6 projected across the right-of-way to reach an outlet which may be
7 legally utilized as an outlet and is suitable for such purpose,
8 the expense of both material and labor used in installing the
9 drain across the right-of-way shall be paid from funds available
10 for the highway roadway
affected if the highway roadway
11 authority is notified of the necessity of the drain sufficiently
12 in advance of the
construction or reconstruction of the highway
13 roadway so that the drain
may be installed and the highway
14 roadway constructed or reconstructed in the same operation.
15 Sec. 323. Before a new
drain is constructed along a public
16 highway roadway, the drain commissioner or drainage
board shall
17 consult with and obtain
the written consent of the highway
18 authorities having
jurisdiction over the highway, roadway
19 authority as to the proposed location of the drain and the
20 disposition of all
material excavated. Whenever The review and
21 written consent for the construction shall be made by the roadway
22 authority within 42 days of its receipt of plans for the
23 construction. If written consent is not provided by the roadway
24 authority within the 42-day period, the construction plans shall
25 be considered to have been approved. If modifications are
26 required by the roadway authority, final plans will be provided
27 to the roadway authority prior to any construction activity. If
1 an apportionment is made against a state trunk line highway, the
2 amount of the assessment based on the apportionment shall be paid
3 out of any state
transportation funds on hand. On or before
4 December 1 of the year
when the assessment is made, the drain
5 commissioner or
drainage board shall certify to the state
6 treasurer the amount
due from the state to the drainage district
7 by reason of the
assessment of benefits, and the state treasurer
8 shall, if satisfied of
the correctness of such certificate, cause
9 the certificate to be
paid within 30 days thereafter.
10 If
a ditch or drain was constructed prior to 1923 primarily
11 for drainage of
private lands, and was constructed along a public
12 highway, and if the
records including the original survey of the
13 drain are not of
public record nor turned over to the county
14 drain commissioner, or
have not been entered in the records of
15 the county drain
commissioner as a county drain, then the actual
16 location of the drain
shall be sufficient to make the drain
17 comply with the
provisions of this act with respect to the
18 location thereof, and
the drain shall be a county drain upon
19 compliance with the
other provisions of this act with respect to
20 county drains. No
proceedings shall be instituted for the
21 widening of the drain
or the deepening thereof below its original
22 bottom.
23 Sec. 324. (1)
Whenever If it is necessary or more
24 convenient for the proper
drainage of any highway a county road
25 in this state that the surplus water be taken onto or across the
26 land adjacent thereto, the county road commission of the county
27 in which said highway
the county road is situated may secure
1 the right-of-way and may open such drain or outlet for the water,
2 and for these purposes
may use any highway moneys the county
3 road money of the
township in which said highway the county
4 road is situated, not
otherwise appropriated, and such any sums
5 as may be voted for that use by the electors of the townships.
6 (2) The county road commission, the county executive, or
7 other agency acting as the county road commission shall secure
8 the right-of-way for any
such the drain by gift or purchase
9 from the owners of the
land to be crossed by such the drain. ;
10 but in case of
purchase the A purchase price
must be approved by
11 the township board whenever township funds are involved, before
12 any money be paid
thereon payment is made. Such The
13 right-of-way shall be acquired by deed duly executed by the owner
14 or owners of the lands sought
to be crossed by the said
15 drain, and shall be taken
in the name of the township wherein
16 the same where right-of-way is located. ,
and The deed shall
17 be filed in the office of the register of deeds of the county
18 before any highway county
road money shall be expended in
19 opening such the
drain outside the highway county road
20 limits.
21 Before the
township board approves the purchase price of any
22 drain right-of-way
under this section, the county road commission
23 shall submit to the
board for its approval details of the
24 proposed drain, with
specifications that the drain shall be
25 constructed in
accordance with good health and sanitation
26 standards and in such
a manner as not to constitute a hazard to
27 health or safety and
that in construction of the drain the
1 township board shall
approve the use of the land upon which the
2 drain is to be located.
3 Sec. 326. On the completion by the county road commission
4 of any a
drain, constructed under the provisions of this act,
5 it shall be the duty
of said the county road
commission to
6 shall file in the office of the drain commissioner a detailed
7 report of the
construction of such the drain, giving the date
8 of construction, the
termini and general course thereof,
9 together with of the drain, and a copy of the deed by which
the
10 right-of-way therefor was
secured. Nothing in the provisions of
11 the preceding sections
shall be construed as giving to This
12 chapter does not give the
county road commission power to lay
13 out and construct drains having any other purpose than the
14 drainage of highways county
roads.
15 Sec. 327. (1)
In case it becomes If it is necessary for
16 the construction or
maintenance of any highway a roadway to
17 take the surplus water
across adjacent lands, the state, county
18 or township highway
commissioner or county road commissioners may
19 make under his or
their name of office an application or petition
20 to the drain
commissioner of the county in which such highway is
21 situated to lay out
and designate a drainage district, locate and
22 establish a drain,
clean out, widen, deepen, straighten or extend
23 an established drain.
Such application or petition shall conform
24 to the law regulating
applications or petitions for the laying
25 out and designating a
drainage district, locating and
26 establishing of
drains, and cleaning out, widening, deepening,
27 straightening and
extending established drains, and shall require
1 no other signature
than his own as highway commissioner or county
2 road commissioners.
Such application or petition shall have the
3 same force and effect,
and be subject in other respects to the
4 same laws and regulations
that govern other such applications or
5 petitions and shall
confer the same jurisdiction and authority on
6 the county drain
commissioner to lay out and designate a drainage
7 district, locate and
establish a drain, or clean out, widen,
8 deepen, straighten or
extend an established drain: Provided,
9 That in cases where
the state highway commissioner makes such
10 application or
petition he shall serve a copy of such application
11 or petition on the
director of agriculture, who shall within 30
12 days hold a meeting at
some place in the drainage district for
13 the purpose of
determining the practicability or necessity of
14 such drain, and no
board of determination shall be necessary to
15 pass on those
questions. Said meeting shall be held, notice
16 given and all persons
interested may be heard in the same manner
17 as provided in section
102 or section 122 of this act. The
18 determination of the
director of agriculture shall be filed with
19 the drain
commissioner. roadway authority
may file a petition
20 with the drain commissioner of the county in which the roadway is
21 situated to establish a drainage district and a county or
22 intercounty drain or to maintain or improve a drain. Except as
23 provided in subsections (2) and (3), the petition and proceedings
24 are subject to chapter 3, 5, or 8, as applicable, and other
25 provisions of this act.
26 (2) The roadway authority is the only petitioner required on
27 a petition under this section.
1 (3) If the petitioning roadway authority is the director of
2 transportation, all of the following apply:
3 (a) In addition to filing the petition with the drain
4 commissioner of the county in which the roadway is located, the
5 director of transportation shall promptly serve a copy of the
6 petition on the director of agriculture.
7 (b) The director of agriculture shall exercise the powers and
8 duties of the board of determination, for a county drain, or the
9 drainage board, for an intercounty drain, up to and including the
10 filing of the order of necessity. The director of agriculture
11 shall conduct the first hearing under chapter 3, 5, or 8, as
12 applicable, not later than 63 days after the director of
13 transportation serves the copy of the petition on the director of
14 agriculture.
15 Sec. 328. Before
the department of state highways may
16 commence the
construction of a state highway, the engineering
17 plans of the state
highway relative to county drains shall be
18 forwarded to the drain
commissioner of each county where the
19 state highway is to be
constructed. Before a person lays
or
20 constructs a cable, pipeline, sewer, conduit, roadway, culvert,
21 bridge, or other structure across a county or intercounty drain,
22 the person shall forward relevant engineering plans to the drain
23 commissioner or drainage board, respectively, for review and
24 written approval upon terms and conditions that are reasonable
25 and proper to prevent interference. The review and written
26 approval for the construction shall be made by the drain
27 commissioner within 42 days of his or her receipt of plans for
1 the construction. In the event that approval is not provided by
2 the drain commissioner within the 42-day period, the construction
3 plans shall be approved. If modifications are required by the
4 drain commissioner, final plans will be provided to the drain
5 commissioner prior to any construction activity.
6 Sec. 329. If the roadway authority requests or orders that
7 an existing legally established drain within the right-of-way of
8 the roadway be relocated outside the roadway right-of-way, the
9 cost of relocating the drain shall be borne by the roadway
10 authority.
11 Sec. 330. (1) If it is necessary to establish, construct,
12 maintain, or improve a drain across the right-of-way or roadbed
13 of any railroad or railway company, telephone or telegraph
14 company, or dam, electric, cable, water, oil, gas, pipeline, or
15 other utility company, the drain commissioner or drainage board
16 shall give notice of the necessity to cross the right-of-way or
17 roadbed. Notice shall be provided by first-class mail to the
18 general office of the company or the office of the registered
19 agent of the company. The notice shall include the location of
20 the proposed crossing, the name of the drain, the plans and
21 specifications for the crossing and for the method of
22 constructing the crossing, and a schedule for constructing the
23 crossing. The crossing and plans for the crossing shall include
24 any infrastructure or other provision necessary to maintain the
25 company's access to its facilities and equipment. The notice
26 shall also include a statement that the company has 42 days
27 within which to object to the proposed plan and failure to do so
1 may result in a waiver of any objections.
2 (2) Within 42 days after receipt of the notice, the company
3 shall deliver to the drain commissioner or drainage board by
4 first-class mail notice whether it approves or objects to the
5 location of the crossing and the plans and specifications for the
6 crossing and for the method of constructing the crossing. The
7 notice shall state the reasons for any objection. If the company
8 approves of or fails to object to the crossing, the drain
9 commissioner or drainage board may proceed with the crossing. If
10 the company objects to the crossing, the drain commissioner or
11 drainage board may do 1 of the following:
12 (a) The drain commissioner or drainage board may give a
13 revised notice of crossing under subsection (1). The revised
14 notice of crossing shall be designed to resolve 1 or more of the
15 reasons for objection of the original notice of crossing. The
16 revised notice of crossing is subject to the same requirements
17 and procedures as the original notice of crossing under this
18 section.
19 (b) The drain commissioner or drainage board may petition the
20 circuit court of the county in which the crossing is proposed to
21 be located to order the company to allow the drain commissioner
22 or drainage board to construct the crossing. The circuit court
23 shall, if it finds that there is a legal right to the crossing
24 and also finds that the objections of the company to the plans
25 were not well founded or material to the safe operations of the
26 company, issue a writ of mandamus ordering the company to allow
27 the drain commissioner or drainage board to construct the
1 crossing. The drain commissioner or drainage board shall give
2 the company at least 14 days' notice of the petition to the
3 circuit court and the proceedings shall follow the practice of
4 circuit courts in mandamus proceedings. The matter shall be
5 heard and determined as speedily as practicable. The court may
6 award costs and attorney fees to the prevailing party.
7 (c) In lieu of proceeding to circuit court as provided in
8 subdivision (b), the drain commissioner or drainage board and the
9 company may agree to an alternative form of dispute resolution,
10 including, but not limited to, mediation or arbitration by a
11 member of the American arbitration association or its successor
12 under the commercial arbitration rules of the American
13 arbitration association or its successor. An arbitrator may
14 award attorney fees or arbitration fees to the prevailing party.
15 At the request of either party, the decision of an arbitrator may
16 be entered in and enforced by the circuit court of the county in
17 which the crossing is proposed.
18 (3) If it is necessary to construct, maintain, or improve a
19 drain across the right-of-way of any railroad or railway company,
20 telephone or telegraph company, or dam, electric cable, water,
21 oil, gas, pipeline, or other utility company, the drain
22 commissioner or drainage board may acquire property or interests
23 in property for that purpose under section 7.
24
CHAPTER 17 .
25 ABANDONED AND
VACATED DRAINS--DISPOSAL OF FUNDS .
26 Sec. 391. (1)
Any drain or part thereof which has ceased
27 to be of public
utility and that is no longer
necessary or
1 conducive to the public
health, convenience and safety, or
2 welfare or for agriculture may be declared to be abandoned and
3 vacated in the manner herein
provided in this section.
4 (2) Any 5 freeholders
of lands owners of land in a drainage
5 district or the governing body of any public corporation in whose
6 limits a drain or part thereof is located may petition for the
7 abandonment and vacation
of a the drain or part thereof. The
8 petition shall be addressed to and filed with the drain
9 commissioner or drainage
board having jurisdiction of such the
10 drain. The commissioner or drainage board shall hold a meeting
11 to hear objections to the petition and to the abandonment and
12 vacation of a the
drain or part thereof therein requested in
13 the petition, and shall
give notice of such the meeting by
14 posting in 5 public
places in the drainage district and by
15 publication in a
newspaper of general circulation in the drainage
16 district which posting
and publication shall occur at least 10
17 days before the date
of such meeting under section 8.
18 (3) Private rights of persons acquired by reason of the
19 establishment and
construction of such the drain or part
20 thereof shall not be
interfered with , or in any way be
21 impaired by such the
abandonment and vacation. If it is
22 determined at such the commissioner or drainage board determines
23 at the meeting that the drain or part thereof should be abandoned
24 and vacated, the commissioner or drainage board shall issue an
25 order to that effect.
and file the same with the commissioner of
26 the county or counties
involved. Easements An order of
27 abandonment shall not be made under this section or money
1 disbursed under section 392 unless all debts of the drain are
2 satisfied. The drain commissioner or drainage board may levy a
3 special assessment to satisfy any such debt, including
4 reimbursement to the drain revolving fund, before an order is
5 entered or disbursements are made. Subject to subsection (4),
6 easements or rights-of-way for the drain or part thereof
7 abandoned and vacated or easements or portions thereof no longer
8 necessary for drainage purposes shall be conveyed or released by
9 the commissioner or drainage board on behalf of the drainage
10 district. If it be
contemplated to construct a new drain or
11 part thereof on or
near the line of an existing drain or part
12 thereof this may be
accomplished without abandonment and vacation
13 of the
14 (4) The
existing drain or part thereof and the need not be
15 abandoned or vacated if it is anticipated that a drain or part
16 thereof will be constructed or relocated on or near the line of
17 the existing drain. The easements or rights-of-way of the
18 existing drain or part
thereof may be used for this purpose. :
19 Provided, however,
That However, if the
contemplated project
20 materially damages the property owner beyond the existing
21 easement, or if it materially burdens the existing easement, then
22 the commissioner or drainage board shall secure an additional
23 easement for the
contemplated project. It shall not be
24 necessary to abandon
and vacate an An existing
drain or part
25 thereof made unnecessary by a new drain or part thereof need not
26 be abandoned or vacated until the new drain is constructed and
27 ready for service.
1 Sec. 392. (1)
Whenever any If a drain shall have been
2 is declared vacated and abandoned in its entirety, as provided in
3 section 391, it shall
be the duty of the drain commissioner
4 to shall serve notice thereof forthwith upon the
county
5 treasurer of the county or counties in which the drainage
6 district, or any portion thereof, is situated. If there be any
7 money credited to or belonging to the fund of such vacated and
8 abandoned drain, it
shall be the duty of the drain commissioner
9 or drainage board may in its discretion prepare a revised roll to
10 allocate a proportionate refund amount of any such fund to all
11 the lands that were assessed for the costs of the vacated and
12 abandoned drain. If the drain commissioner or drainage board
13 prepares such a revised roll, the county treasurer or treasurers
14 to transfer and pay
over the same shall pay the
refund amount
15 to the treasurer or treasurers of the township or townships in
16 which the drain was located or in which assessments for benefits
17 to be received from such drain have been assessed and collected.
18 : Provided, That in
all cases where
19 (2) If the
amount of such the money belonging to in the
20 drain fund of such the
drain , in the hands of the county
21 treasurer, shall be is insufficient to permit the refunding and
22 paying over to such
township treasurers all of the moneys money
23 assessed and collected in such townships, the county treasurer
24 shall prorate the amounts
so paid, and each less all costs
25 associated with the abandonment of the drain. Each township
26 treasurer shall be is
entitled to receive such proportion of
27 the moneys money
remaining in the fund of the vacated or
1 abandoned drain as the total amount of the assessments levied and
2 collected in his or
her township and becoming a part of such
3 for the drain fund shall
bear to all of the moneys money
4 assessed and collected
and making up such the fund. In case
5 If it is necessary to
prorate in the this manner, provided,
6 the county treasurer shall furnish to each township treasurer a
7 statement showing the
amount of money in the fund at the time
8 such when the drain was declared vacated and
abandoned, and the
9 various amounts assessed
and collected for such the drain fund
10 from the different townships entitled to share in the
11 disbursement thereof.
12 Sec. 393. Upon receiving such money, and the accompanying
13 statement, if required to be furnished hereby, the township
14 treasurer shall give his or her receipt therefor to the county
15 treasurer. He The
township treasurer shall also serve notice
16 upon each person, firm or corporation who, as shown by the
17 records of his or her
office, shall have paid a special tax
18 assessment for benefits received or to be received from the
19 construction of such
drain, that such the drain has been
20 declared vacated and
abandoned and that the payment as
21 aforesaid has been made to him the township
treasurer by the
22 county treasurer. Similar notice shall also be served upon the
23 township board and shall be published for 2 successive weeks in
24 some a newspaper published and circulating in said
the
25 county. Thereupon,
every Upon demand, the township treasurer
26 shall reimburse such
person, firm, or corporation shall be
27 entitled to demand and
receive from said township treasurer for
1 the amount of the special
assessment that such the person,
2 firm, or
corporation may have so paid. The amount of the
3 special tax assessment
for the construction of such the drain
4 that may have been assessed and collected from the township at
5 large shall be credited to and paid into the contingency fund in
6 the township treasury.
: Provided, however, That However, if
7 the amount of money paid over to the township treasurer by the
8 county treasurer in
the manner aforesaid is less than the
9 aggregate amount of special assessments levied and collected in
10 such township for the
construction of such drain and the tax
11 assessment levied and collected upon and from the township at
12 large, then the township
treasurer shall prorate the payments
13 to each such person, firm, or corporation and the amount to be
14 paid into the general
fund in the township treasury ; and each
15 such person, firm or
corporation and the contingency fund in the
16 township treasury
shall be entitled to receive such
proportion
17 of the amount of the special
assessment or tax paid thereby
18 as the amount of money paid to the township treasurer by the
19 county treasurer shall
bear bears to the total amount of
20 special assessments and taxes levied and collected in said
21 township and paid into the fund for the construction of said
22 drain.
23 Sec. 395. (1)
The county drain commissioner may relinquish
24 jurisdiction and
control to a township, city or village of any
25 county drainage
district upon which there is no outstanding
26 indebtedness or
contract liability and which is wholly located
27 within the boundaries
of a township, city or village, and
1 thereafter the county
drain commissioner shall be relieved of,
2 and the township, city
or village shall assume, the maintenance,
3 jurisdiction, control
and operation thereof and its future
4 operation shall be
financed in the same manner as is provided for
5 special assessment
districts within such township, city or
6 village: Provided,
That such proceeding shall have first been
7 approved by a majority
of the members elect of the county board
8 of supervisors and by
the resolution of the governing body of the
9 township, city or
village in which such drain is located. Any
10 money which shall be
in the drain fund of any such The
county
11 drain commissioner, for a county drain, or the drainage board,
12 for an intercounty drain, may relinquish jurisdiction over all or
13 part of a drain to a county, township, city, or village if all of
14 the following requirements are met:
15 (a) The county, township, city, or village requests or
16 consents to the relinquishment by resolution of its governing
17 body. If the relinquishment is to a county, the resolution of
18 the county board of commissioners shall specify the county
19 agency, such as the board of public works, drain commissioner,
20 board of county road commissioners, the county executive, or
21 other agency acting as the county road commission or parks and
22 recreation commission, that will exercise jurisdiction over the
23 drain or part of the drain.
24 (b) If the relinquishment is to a township, city, or village,
25 the relinquishment is approved by resolution of a majority of the
26 members of the county board of commissioners.
27 (c) The drain or part of the drain is located wholly within
1 the boundaries of the county, township, city, or village to which
2 it is to be relinquished.
3 (d) The drainage district has no outstanding indebtedness or
4 contract liability. Indebtedness or contract liability that will
5 be paid in full at the time of the relinquishment is not
6 considered to be outstanding for the purposes of this
7 subdivision.
8 (2) Upon relinquishment of jurisdiction over the drain or
9 part of the drain, the drain commissioner or drainage board is
10 relieved of, and the county, township, city, or village shall
11 assume, jurisdiction over the drain or part of the drain,
12 including responsibility for the maintenance, control, and
13 operation of the drain or part of the drain. Easements and
14 rights of way for the drain or part of the drain are transferred
15 to the county, township, city, or village to which the drain or
16 part of the drain is relinquished. If jurisdiction over the
17 entire drain is relinquished, the drainage district is
18 dissolved.
19 (3) If jurisdiction is being relinquished over all or part of
20 a drain established under chapter 3 or 5, any money in the drain
21 fund of the drainage
district at the time jurisdiction over it
22 is transferred relinquished
as provided in this section shall
23 be distributed in the same
manner as is provided in sections
24 391 392 to 394 , inclusive, of this act in
the case of
25 abandoned or vacated drains.
26 (4) If jurisdiction is being relinquished over all or part of
27 a drain established under chapter 20 or 21, any money in the
1 drain fund shall be used to pay any indebtedness or contract
2 liability of the drainage district. If jurisdiction over the
3 entire drain is relinquished, the balance shall be turned over to
4 the county, township, city, or village assuming jurisdiction. If
5 jurisdiction over part of the drain is being relinquished, there
6 shall be turned over to the county, township, city, or village
7 assuming jurisdiction that portion of the balance equal to the
8 ratio of the costs of operation and maintenance of that part of
9 the drain to the costs of operation and maintenance of the entire
10 drain. The balance turned over to a county, township, city, or
11 village shall be used solely with respect to the drain or part of
12 the drain over which jurisdiction is assumed.
13
CHAPTER 18 .
14 OBSTRUCTIONS IN
DRAINS, ; SEWAGE, ; AND MISCELLANEOUS
15
PROVISIONS .
16 Sec. 421. (1)
Whenever any person shall obstruct any
17 established drain, it
shall be the duty of the commissioner to
18 cause such obstruction
to be removed. Any lessening of the area
19 of a drain, which area
shall be a cross section of the drain,
20 shall be deemed to be
an obstruction. The person causing such
21 obstruction shall be
liable for the expense attendant upon the
22 removal thereof,
together with the charges of the commissioner,
23 and the same shall be
a lien upon the lands of the party causing
24 or permitting such
obstruction, and all of the expense shall by
25 the commissioner be
reported to the board of supervisors,
26 together with the
report of his doings in the premises, and by
27 said board ordered
spread upon the land of the offending party,
1 should the same remain
unpaid: Provided, That the offending
2 party causing such
obstruction shall be given a notice in writing
3 of at least 5 days to
remove such obstruction. If a
person
4 obstructs or permits the obstruction of a drain, the drain
5 commissioner or drainage board shall proceed under subsection
6 (2), (3), or (4). An obstruction is any lessening of the
7 cross-section of a drain including, but not limited to, that
8 resulting from any railroad, bridge, cable, pipeline, sewer,
9 conduit, roadway, culvert, or other structure. Obstruction does
10 not include construction of a structure as approved under section
11 328.
12 (2) By first-class mail or personal service, the drain
13 commissioner or drainage board shall give the person causing or
14 permitting the obstruction a written notice to remove or modify
15 the obstruction. Beginning 14 days after the notice is delivered
16 to the person, if the person has not so removed or modified the
17 obstruction or made arrangements satisfactory to the drain
18 commissioner or drainage board for removal or modification of the
19 obstruction, the drain commissioner or drainage board may cause
20 the obstruction to be removed or modified.
21 (3) The drain commissioner or drainage board may bring an
22 action in the circuit court of the county in which the
23 obstruction is located to compel the person to remove or modify
24 the obstruction.
25 (4) If, in the opinion of the drain commissioner or drainage
26 board, the obstruction creates an emergency condition that
27 endangers the public health, safety, convenience, or welfare or
1 crops or other property, the drain commissioner or drainage
2 board, after giving reasonable notice to the person causing or
3 permitting the obstruction, may remove or modify the
4 obstruction. The notice shall specify the reasons for further
5 action.
6 (5) The person causing or permitting the obstruction is
7 liable to the drain commissioner or drainage board for the
8 expense of removal or modification of the obstruction under
9 subsection (2) or (4). If the person does not pay the drain
10 commissioner or drainage board the full amount of the expense
11 within 30 days after being billed for the amount, the drain
12 commissioner or drainage board shall report the unpaid portion of
13 the expense to the county board of commissioners, together with a
14 report of the work performed. The county board of commissioners
15 may certify the unpaid amount of the expense to the proper tax
16 collecting officer to be entered in a separate column on the next
17 tax roll against those parcels of land of the person causing or
18 permitting the obstruction that are located in whole or part
19 within the drainage district or are traversed by the drain. If
20 the county board of commissioners so certifies the unpaid amount
21 of the expense, all of the following apply:
22 (a) The unpaid amount shall accrue simple interest at the
23 same rate as charged by the department of treasury on delinquent
24 state taxes.
25 (b) There is a lien upon those parcels for the total unpaid
26 amount of the expense.
27 (c) The total unpaid amount of the expense may be collected
1 in the same manner as ad valorem property taxes under the general
2 property tax act, 1893 PA 206, MCL 211.1 to 211.157. However, a
3 parcel is not subject to sale under section 60 of the general
4 property tax act, 1893 PA 206, MCL 211.60, for nonpayment of the
5 expense unless the parcel is also subject to sale for delinquent
6 property taxes.
7 (d) Upon payment of the total amount due, the lien is
8 discharged and, if the drain commissioner or drainage board has
9 recorded the lien, the drain commissioner or drainage board shall
10 file a certificate of discharge of the lien.
11 (6) The removal or modification of the obstruction shall not
12 be considered an element of damages in proceedings to maintain or
13 improve a drain.
14 (7) This provision
as to obstruction of any drain shall
15 section does not apply where
if the obstruction was caused by
16 natural causes. ,
but However, the owner of the stock who
17 shall permit his
horses, cattle, pigs and other stock livestock
18 permitted to obstruct any
drain by tramping in it shall be
19 deemed is considered to be the party causing such
obstruction.
20 Nothing contained in
this section shall in any way impede or bar
21 the right of any
person to make criminal complaint under any
22 existing law for any
obstruction of a drain.
23 (8) This section does not impede or bar the right of the
24 drain commissioner, drainage board, or any other person to seek
25 relief under any other pertinent provisions of this act including
26 but not limited to civil or criminal remedies.
27 Sec. 422. (1)
Railroad or railway companies, telephone,
1 telegraph, or pipeline
companies and other utilities shall not
2 obstruct established
drains, nor shall they lessen the area of
3 any drain through
their track bed or right of way. The area
4 herein referred to is
a cross section of the drain. In case any
5 such company or
utility, without legal right, has constructed or
6 shall construct any
bridge, culvert, pipeline or conduit over any
7 established drain
whereby the area aforesaid is decreased, the
8 removal of such
bridge, culvert, pipeline or conduit shall not be
9 deemed an element of
damage in proceedings to deepen and widen
10 such drain through
such track bed or right of way. In case it is
11 proposed to construct
a pipeline, sewer or conduit within, over
12 or across any county,
such construction shall be of a nature and
13 laid at such a depth
at the point of crossing of any established
14 public drain as will
not interfere with said established public
15 drain. The consent of
the county drain commissioner or board of
16 public works of any
municipality shall be obtained before the
17 work of such
construction is commenced and such drain
18 commissioner is hereby
authorized to grant such consent upon such
19 terms and conditions
as may be reasonable and proper under the
20 circumstances then
existing. In case any railroad or railway
21 company, telephone,
telegraph or pipeline company or other
22 utilities shall
obstruct any established drain, or has
23 constructed or shall
construct any bridge, culvert, pipeline or
24 conduit, sewer or
other structure over, under or through any
25 established drain,
leaving less capacity to the drain than such
26 drain is legally
entitled to, in accordance with the rights for
27 such drain as
established by proper drain proceedings or as
1 established by other
legal methods prior to the date of
2 construction of any
such obstruction, the county drain
3 commissioner or the
board of public works, as the case may be,
4 may, by mandamus
proceedings in the circuit court of the county
5 in which such
obstruction shall occur, compel the removal of such
6 obstruction. If
necessary, issues of fact may be framed in such
7 proceedings. In case
the court shall find such drain to have
8 been obstructed, it
shall issue a preemptory mandamus compelling
9 such company to remove
such obstruction. The court may award
10 costs in its
discretion as in other mandamus proceedings. The
11 practice herein shall
be the same as in other motions for
12 mandamus. The drain commissioner or drainage board,
including an
13 agent or employee of the drain commissioner or drainage board,
14 may enter upon property not within a drainage district to remove
15 or modify an obstruction in a natural watercourse that serves as
16 an outlet for a county or intercounty drain but that is not
17 itself a drain. The entry shall be made pursuant to a written
18 agreement with the landowner. The agreement shall specify that
19 the drain commissioner or drainage board shall restore the
20 property to substantially the same condition as before the entry
21 or shall specify that the drain commissioner or drainage board
22 shall make restitution for actual damage resulting from the
23 entry. The entry shall be made upon reasonable notice to the
24 landowner and at a reasonable hour. The landowner or his or her
25 representative shall be given a reasonable opportunity to
26 accompany the drain commissioner or drainage board or their
27 agents or employees during the entry upon the property. The
1 costs attendant to the access of the property, removal of the
2 obstruction, and restoration of the property may be assessed
3 against the drainage district.
4 (2) If entry under subsection (1) has been denied, the drain
5 commissioner or drainage board may commence a civil action in the
6 circuit court in the county in which the property or any part of
7 the property is located for an order permitting entry. The
8 complaint shall state the facts making the entry necessary, the
9 date on which entry is sought, and the duration and the method
10 proposed for protecting the defendant against damage. The court
11 may grant a limited license for entry upon such terms as justice
12 and equity require, including the following:
13 (a) A description of the purpose of the entry.
14 (b) The scope of activities that are permitted.
15 (c) The terms and conditions of the entry with respect to the
16 time, place, and manner of the entry.
17 (3) An entry made pursuant to this section shall be made in a
18 manner that minimizes any damage to the property and any
19 hardship, burden, or damage to a person in lawful possession of
20 the property.
21 (4) The removal or modification of an obstruction under this
22 section is subject to the expenditure limits and other procedures
23 required for necessary maintenance or repair of a drain under
24 section 199. In addition, the drain commissioner or drainage
25 board shall obtain any permits for the removal or modification
26 required under state or federal law.
27 Sec. 423. (1) A person shall not continue to discharge or
1 permit to be discharged into any county drain or intercounty
2 drain of the this
state any sewage or waste matter capable of
3 producing in the drain detrimental deposits, objectionable odor
4 nuisance, injury to drainage conduits or other structures, or
5 capable of producing such pollution of the waters of the state
6 receiving the flow from
the drains drain as to injure
7 livestock, destroy fish life or aquatic habitat, or be injurious
8 to public health. This section does not prohibit the conveyance
9 of sewage or other waste through drains or sewers that will not
10 produce these injuries
and that comply with section 3112 of part
11 31 (water resources
protection) of the natural resources
and
12 environmental protection
act, Act No. 451 of the Public Acts of
13 1994, being section
324.3112 of the Michigan Compiled Laws 1994
14 PA 451, MCL 324.3112.
15 (2) Disposal plants, filtration beds, and other mechanical
16 devices to properly
purify the flow of any a drain may be
17 constructed as a part of any
established the drain. , and the
18 The cost of construction of such purification facilities shall be
19 paid for in the same manner as provided for in this act for other
20 drainage costs. Plants,
beds, or devices The purification
21 facilities may be
described in the petition for the location,
22 establishment and
construction of drains or in the petition for
23 the cleaning,
widening, deepening, straightening, or extending of
24 drains, or in the
application for the laying out of a drainage
25 district to establish a drainage district and establish and
26 construct a drain or to maintain or improve a drain. Petitions
27 for the construction of plants,
beds, and devices the
1 purification facilities for use on any established drain may be
2 filed by the same persons and shall be received and all
3 proceedings on the petitions shall be held in the same manner as
4 other petitions for any drainage construction under this act.
5 (3) If the department of environmental quality determines
6 that sewage or wastes carried by any county or intercounty drain
7 constitutes unlawful discharge as prescribed by section 3109 or
8 3112 of part 31 of
Act No. 451 of the Public Acts of 1994,
9 being sections
324.3109 and 324.3112 of the Michigan Compiled
10 Laws the natural resources and environmental protection
act,
11 1994 PA 451, MCL 324.3109 and 324.3112, that 1 or more users of
12 the drain are responsible for the discharge of sewage or other
13 wastes into the drain, and that the cleaning out of the drain or
14 the construction of disposal plants, filtration beds, or other
15 mechanical devices to purify the flow of the drain is necessary,
16 the department of environmental quality may issue to the drain
17 commissioner, for a county drain, or drainage board, for an
18 intercounty drain, an order of determination identifying such
19 users and pollutants,
under section 3112 of Act No. 451 of the
20 Public Acts of 1994,
being section 324.3112 of the Michigan
21 Compiled Laws the natural resources and environmental protection
22 act, 1994 PA 451, MCL 324.3112. The order of determination
23 constitutes a petition calling
for the construction of
24 disposal purification facilities or other appropriate
measures
25 by which the unlawful discharge may be abated or purified. The
26 order of determination serving as a petition is in lieu of the
27 determination order of necessity by a drainage board
pursuant
1 to chapter 20 or 21 or
section 122 104 or 192 or a
2 determination an order of necessity by a board of
determination
3 pursuant to section 72
54 or 191, whichever is applicable. A
4 copy of the findings of the department shall be attached to the
5 order of determination.
which The order of determination shall
6 require no other the
signature than that of the director of
7 the department of environmental quality only.
8 (4) Upon receipt of the order of determination, the drain
9 commissioner or the drainage board shall proceed as provided in
10 this act to locate,
establish, establish and construct a
11 drain. If the responsible users of the drain are determined to
12 be public corporations in the drainage district, the drain
13 commissioner or the drainage board shall proceed as provided in
14 chapters 20 and 21, as may be appropriate, using the order of
15 determination as the final order of determination of the drainage
16 board. If the responsible users are determined to be private
17 persons, the drain commissioner or drainage board shall proceed
18 as provided in chapters
8 and 9 chapter 8, using the order of
19 determination as the first order of determination.
20 (5) (4) Plans
and specifications for the construction of
21 purification facilities
as part of a drain of any disposal
22 plant, filtration bed,
or other mechanical device to properly
23 purify the flow of the
drain shall be prepared by the drain
24 commissioner or the drainage board. Contracts for construction
25 shall be let in the
manner provided in this act. To meet The
26 drain commissioner or drainage board shall apportion the cost of
27 any preliminary engineering studies for the construction of
1 abatement or purification facilities , the drain commissioner
2 or the drainage board
shall apportion the cost among the several
3 parcels of land,
highways, and municipalities benefited thereby
4 in the same manner as
provided in chapter 7 or against the public
5 corporations affected
by the order of determination in the same
6 manner as provided in
chapters 20 and 21 in the same
manner as
7 provided in chapter 7, 20, or 21, as applicable. The costs and
8 charges for maintenance shall be apportioned and assessed each
9 year. If the apportionment is the same as the last recorded
10 apportionment, a day of review or a hearing on apportionments is
11 not necessary, but if the apportionment is changed, notice of a
12 day of review or a hearing on apportionments shall be given to
13 each person whose percentage is raised.
14 (6) (5) Land
may be acquired as a site for the construction
15 of such plants, beds,
and devices, and releases of land may be
16 obtained in the same
manner as provided in this act for other
17 lands acquired for
right of way purification
facilities under
18 section 7.
19 (7) (6) A
person shall not connect sewage or other waste to
20 a county or intercounty drain except with the written approval of
21 the appropriate
commissioner or the drainage board indorsed
22 endorsed upon a written application for such service and the
23 payment of a service fee of not to exceed $50.00 for each
24 connection to a covered drain. The application shall include
25 information showing that all other local, state, and federal
26 approvals related to the sewage or waste have been obtained.
27 (8) (7) The
fee provided for in subsection (6) (7) shall
1 be set and collected by the drain commissioner, as approved by
2 the county board of commissioners or the drainage board, and
3 deposited with the county treasurer, to be credited to the drain
4 fund set up for the maintenance or construction of the drain.
5 The commissioner or the drainage board shall keep a record of
6 applications made and the action on the applications. The
7 commissioner or the drainage board may reject applications for or
8 require such modification in requested applications for sewer
9 connections to county drains as necessary to attain the
10 objectives set forth in this section.
11 (9) (8)
Subject to the review and approval of the department
12 of environmental
quality, the The drain
commissioner or drainage
13 board may study the requirements
of persons need for flood
14 control or drainage pollution
control projects including for
15 the protection of the public health, safety, and welfare. Such
16 projects may include sewage disposal systems, storm sewers,
17 sanitary sewers, combined sanitary and storm sewers, sewage
18 treatment plants, and
all or other plants, works,
19 instrumentalities, and
properties useful in connection with for
20 the collection,
treatment, and or disposal of sewage and
21 industrial wastes or
agricultural wastes or run-off. , to abate
22 pollution or decrease
the danger of flooding. The objective of
23 such studies shall be
that sewers, drains, and sewage disposal
24 facilities are made
available to persons situated within the
25 territorial limits of
any drainage district or proposed drainage
26 district as necessary
for the protection of public health and the
27 promotion of the
general welfare.
1 (10) (9) The
drainage board or drain commissioner may
2 cooperate, negotiate, and
enter into contracts with other
3 governmental units and
agencies or with any public or private
4 corporation including
the United States of America, and to take
5 such steps and perform
such acts and execute such documents as
6 may be necessary to
take advantage of any act of the congress of
7 the United States
which may make available funds a
private
8 corporation, public corporation, the federal government, or an
9 agency and may do what is necessary to obtain funds available
10 under federal law for any of the purposes described in this
11 section.
12 (11) (10) Failure
to comply with any of the provisions of
13 this section subjects the offender to the penalties described in
14 section 602 616.
However, for each offense, a person who
15 violates subsection (6)
(7) is guilty of a misdemeanor
16 punishable by a fine of not more than $25,000.00 or imprisonment
17 for not more than 90 93
days, or both. In addition, the person
18 may be required to pay the costs of prosecution and the costs of
19 any emergency abatement measures taken to protect public health
20 or the environment. Payment of a fine or costs under this
21 subsection does not relieve a person of liability for damage to
22 natural resources or for response activity costs under the
23 natural resources and
environmental protection act, Act No. 451
24 of the Public Acts of
1994, being sections 324.101 to 324.90106
25 of the Michigan
Compiled Laws 1994 PA 451, MCL
324.101 to
26 324.90106.
27 (11) As used in
this section, "person" means an individual,
1 partnership, public or
private corporation, association,
2 governmental entity,
or other legal entity.
3 Sec. 425. (1)
A landowner in the One or more landowners
4 in a drainage district whose land requires additional drainage
5 may petition the drain commissioner or drainage board for
6 permission to construct an open or closed drain, or a combination
7 thereof, to a regularly established drain, and permission shall
8 be granted by the
commissioner or drainage board when if, in
9 their opinion the opinion of the commissioner or the drainage
10 board, the nature of the
ground to be crossed will admit
11 thereof is suitable for a drain and the surface of the
land can
12 be restored. and
for For that purpose the drain may traverse
13 the lands of other freeholders
landowners in the district.
14 Before permission may be granted by the drain commissioner or
15 drainage board, consent in writing by the owner or owners of the
16 lands to be traversed by the proposed drain shall be obtained.
17 The landowner or landowners granted permission to construct the
18 drain shall obtain any permits required under the natural
19 resources and environmental protection act, 1994 PA 451, MCL
20 324.101 to 324.90106, or any other state or federal law.
21 (2) If permission to construct the drain across adjoining
22 properties is refused by
the owner or owners, of the lands to be
23 traversed by the
proposed drain, the drain may be
established
24 by following the
provisions of this act governing the location,
25 establishment, and
construction of county or intercounty drainage
26 districts and drains
therein. as otherwise provided in
this act,
27 subject to all of the following:
1 (a) A petition to establish a drainage district and establish
2 and construct a drain under this section need only be signed by
3 the petitioning landowner or owners.
4 (b) The entire
expense thereof to design and construct a
5 drain under this section
shall be borne by the petitioner, and
6 the construction of an
open or closed drain or combination
7 thereof shall be done
at a time and in a manner as the
8 commissioner or
drainage board shall prescribe. When drains are
9 constructed, the drain
entrance shall be substantially protected
10 from driftwood and
debris. An application to lay out and
11 designate a drainage
district or petition to locate, establish,
12 and construct a drain
under the foregoing provisions of this
13 section shall only
require the signature of the petitioning
14 landowner or owners,
other provisions of this act
15 notwithstanding. If
permission is granted to tile the source of
16 a drain, the
commissioner shall further prescribe the amount and
17 part of the drain to
be tiled and the manner of tiling.
18 petitioners.
19 (c) The drain commissioner or drainage board shall prescribe
20 the nature and type of construction of the drain and the time at
21 which the drain shall be constructed by the petitioners.
22 (3) A person through whose land an open drain has been
23 established and constructed under this act may make a written
24 request to the county drain commissioner or drainage board to be
25 permitted, at his own
expense, to tile and cover with earth the
26 whole or a part
thereof that may traverse his land, and the no
27 expense to the district, to enclose that part of the drain that
1 traverses his or her land. The commissioner may grant the
2 request subject to receipt of a new easement, but in doing so
3 he shall prescribe the size of the tile and
type of
4 construction to be used. A deposit or bond to guarantee
5 construction may be required and administered as provided in
6 section 433. A permit
shall not be issued to tile or crock an
7 established drain that
enclose any portion of a county
or
8 intercounty drain if the enclosure will decrease the area
9 design capacity of the drain as last established.
10 Sec. 429. Subject
A county drain commissioner, subject to
11 the consent and approval
of the several boards of supervisors
12 of this state and the county board of commissioners, or the
13 drainage board of an intercounty drainage district, subject to
14 the approval of the county
boards of supervisors commissioners
15 of the counties
comprising the intercounty drainage districts,
16 the several county
drain commissioners and the drainage boards of
17 intercounty drainage
districts are hereby authorized to grant
18 unto district, may grant to the United States of
America the
19 right to use all the easements and rights-of-way conveyed to
20 their respective
drainage districts the drainage
district or to
21 any county or counties
lying wholly or in part in such
22 districts the drainage district, for the construction
and
23 maintenance of any a
county or intercounty drain by the United
24 States in connection with any flood control project undertaken by
25 the United States,
acting through its war department or any
26 other federal
department or agency including
any agency of the
27 United States. In
such cases in which If the work is to be
1 performed at the expense
of the United States, it shall not be
2 is not necessary for the drain commissioner or drainage board to
3 advertise for bids or to let contracts for the construction or
4 maintenance of any
such the flood control project.
5 Sec. 430. (1) Whenever
any If a county or intercounty
6 drain is used for the transportation of sanitary sewage, the
7 county or counties within whose boundaries the drainage district
8 lies may contract under the
provisions of Act No. 129 of the
9 Public Acts of 1943,
as amended, being sections 123.231 to
10 123.235 of the
Compiled Laws of 1948, 1943 PA
129, MCL 123.231
11 to 123.236, or any other applicable act, for the disposal of
12 sewage therefrom, including any storm water necessarily mixed
13 therewith. In such
case If such a contract is entered into,
14 the drain commissioner or the drainage board may fix and collect
15 charges to cover the cost of the treatment and disposal of
16 sanitary sewage. Such
The charges shall be approved by the
17 majority vote of the members-elect of the county board of
18 supervisors commissioners. The charges may be made to
each
19 user of the services or may be made to public corporations.
20 Contracts for periods not exceeding 50 years may be made between
21 the county and public corporations to be so served, in respect to
22 sewage disposal services, when approved by the governing bodies
23 of the several parties thereto.
24 (2) Charges for
sewage disposal services furnished to any a
25 premises shall be a lien thereon
on the premises from the date
26 such the charges are due. and any
charges Charges delinquent
27 for 6 months or more shall be certified annually to the proper
1 tax assessing officer or
agency who shall enter the same
2 charges upon the next tax roll against the premises to which
3 such the services shall have been rendered, and
the were
4 rendered. The charges shall be collected and the lien shall be
5 enforced in the same manner as provided for the collection of
6 taxes assessed upon such
the roll and the enforcement of the
7 tax lien. therefor.
The time and manner of certification and
8 the other details in
respect to the collection of such the
9 charges and the
enforcement of such the lien shall be
10 prescribed by the governing body of the public corporation in
11 which the lands are located. The payment of charges for sewage
12 disposal services to any premises may be enforced by
13 discontinuing either the water service or the sewage disposal
14 service to such the
premises, or both.
15 (3) The charges for sewage disposal services may also include
16 the cost of the operation and maintenance of any physical
17 structures and any administrative expenses in connection with the
18 transportation, treatment, and disposal of sanitary sewage.
19 Sec. 431. (1)
The drain commissioner or drainage board may
20 contract or make agreements
with the federal government,
21 including any agency
thereof, whereby the federal government will
22 pay the whole or any
part of the cost of the project or will
23 perform the whole or
any part of the work connected therewith,
24 which contract or
agreement The drain commissioner
or drainage
25 board may contract with the federal government or any other
26 person with respect to the establishment, construction,
27 operation, improvement, maintenance, use, or services of any
1 drain, or the payment of the cost for any drain. A contract or
2 agreement with the federal government may include any specific
3 terms required by act of congress or federal regulation, not in
4 conflict with state law, as a condition for participation on the
5 part of the federal
government. The drain commissioner or
6 drainage board may
contract or make agreements with any private
7 corporation or with
any public corporation, including any agency
8 thereof, in respect to
any matter connected with the
9 construction,
operation or maintenance of any flood control or
10 drainage project or
combination thereof. The contract or
11 agreement may provide that any payments made or work done by
12 the a public corporation shall relieve it in whole
or in part
13 from assessment for the
cost of the project. No construction
14 (2) Construction work shall not be undertaken by the drain
15 commissioner or drainage board until bids have been advertised
16 for and received for the
performance of such the work, but this
17 provision shall requirement does not apply to work to be
18 performed solely by the federal government or a public
19 corporation at its expense.
20 (3) The drain
commissioner or drainage board may contract or
21 make agreements with
private and public corporations and with the
22 federal government
including any agency thereof cooperate,
23 contract, or make agreements with the federal government or any
24 other person for the purpose of expanding any flood control or
25 drainage project or combination thereof to include the
26 conservation and utilization of soil and water for recreation and
27 other beneficial purposes. The contracts or agreements shall
1 provide for an equitable sharing of the costs of the expanded
2 flood control or drainage project or combination thereof and the
3 cost borne by a drainage district shall not be in excess of the
4 amount which can be attributed solely to drainage and flood
5 control. The drain
commissioner or drainage board, may acquire
6 by gift or purchase
the necessary lands, and rights of way for
7 the purposes of any
expanded flood control or drainage project or
8 combination thereof.
The drain commissioner or drainage board
9 may acquire by
condemnation proceedings similar to those provided
10 in chapter 4 and
chapter 6 of this act, the necessary lands and
11 rights of way for any
expanded flood control or drainage project
12 or combination thereof
which shall be undertaken jointly with a
13 public corporation or
the federal government. The drain
14 commissioner or drainage
board may pay for the costs of lands
15 taken by condemnation acquiring property for an expanded flood
16 control or drainage project or combination thereof, undertaken
17 jointly with a public corporation or the federal government, but
18 the public corporation or federal government shall promptly
19 reimburse the drainage district for all costs of acquisition in
20 excess of those costs directly attributable to drainage and flood
21 control.
22 The term
"public corporation" includes the state, counties,
23 cities, villages,
townships, metropolitan districts and
24 authorities created by
or pursuant to state statutes.
25 Sec. 433. (1) An
existing intracounty A county or
26 intercounty drainage
district may be enlarged and the an
27 established drain located
in the district may be extended or
1 have branches added to
provide drainage service to lands not
2 originally land within the existing boundaries of the
a
3 drainage district or to provide service to land contiguous to a
4 drainage district, by agreement between the drain commissioner or
5 the drainage board and
the owner of the lands; land, or if
6 there is a developer of the lands who is not the owner, between
7 the drain commissioner or the intercounty drainage board and the
8 owner and the developer
of the lands land. The agreement shall
9 obligate the owner and
the developer, if any, of the lands to be
10 added to the drainage
district land to construct,
in accordance
11 with plans and specifications prepared by or approved by the
12 drain commissioner or drainage board, the necessary and adequate
13 drainage facilities on
the lands to be added and in the existing
14 drainage district to
connect the lands to the existing drain in
15 the drainage district and to pay the cost of to construct
the
16 drainage facilities, including right-of-way, easements,
17 engineering, inspection, administration, and legal expenses
18 incurred by the drain
commissioner or the drainage board. , or
19 to deposit with the
drain commissioner or drainage board, upon
20 execution of the
agreement, The drain commissioner
or drainage
21 board may require a good faith deposit or bond equal to the
22 estimated cost of the construction and expenses. The amount of
23 the deposit or bond shall be refunded to the owner, or the bond
24 returned, upon final acceptance of the work by the drain
25 commissioner or drainage board.
26 (2) Before any an
agreement is approved and executed on
27 behalf of a drainage district by the drain commissioner or
1 drainage board, there shall be obtained, at the expense of the
2 owner or developer of the
lands to be added land, a certificate
3 , from a registered licensed
professional engineer and
4 satisfactory to the drain
commissioner or the drainage board.
5 , to the effect that The certificate shall certify both of the
6 following:
7 (a) That the lands to be added naturally drain into the area
8 served by the existing drain or that the existing drain is the
9 only reasonably available outlet for the drainage from the lands
10 to be added. and
that
11 (b) That there
is existing capacity in the existing drain
12 to serve the lands to
be added lands or to accommodate
13 additional drainage provided without detriment to or diminution
14 of the drainage service
provided or to be provided , in the
15 foreseeable future, to the area in the existing drainage
16 district.
17 (3) If the existing
drain in the existing drainage
18 district has been financed by the levy of drain special
19 assessments on the lands in
the drainage district and if the
20 basis of special assessment as applied to the lands to be added
21 to the drainage district would result in a drain special
22 assessment on the added
lands to be added in an aggregate
23 principal amount greater than the costs and expenses to be paid
24 or incurred by the owner
and developer, if any, of the lands for
25 the new land to construct adequate drain facilities at
the time
26 of entering into the agreement, then the owner or developer of
27 the land shall also pay the amount of the excess to the drainage
1 district at the time of execution of the agreement. In addition,
2 the developer or owner
of the added lands land shall pay a
3 pro rata equitable share of the cost of the original construction
4 of the drain, if any.
5 (4) (3)
Lands Land added to any a drainage district by
6 agreement shall be liable from and after the date of the
7 agreement for all
assessments levied after the date of the
8 agreement for operation and maintenance of the drain, including
9 the extension of the drain pursuant to the agreement, and the
10 lands land shall thereafter be a part of the
drainage district
11 for all other purposes and procedures set forth in this act. All
12 drain facilities, and
all rights-of-way, easements, or property
13 in which the facilities are located, acquired, or constructed
14 pursuant to the agreement
to add lands shall be dedicated to
15 public use or conveyed or transferred to the drainage district.
16 and the The drain facilities shall be a part of the
drain the
17 same as if originally located,
established, established and
18 constructed by
procedures set forth in under this act. as a
19 part of the original
drain.
20 (5) (4) An
existing intracounty or intercounty drain may be
21 extended or have
branches added to provide additional service to
22 lands within the
drainage district by agreement between the drain
23 commissioner or the
drainage board and the owner of the lands; or
24 if there is a
developer of the lands who is not the owner,
25 between the drain
commissioner or the drainage board and the
26 owner and the
developer of the lands, pursuant to the procedures
27 and conditions set
forth in this section. The affected public
1 Public corporations or
municipalities in which the proposed
2 lands are to be added
will affected by an agreement
provided for
3 in this section shall be apprised of the agreement by the drain
4 commissioner or drainage
board and who shall also publish
5 notice by first-class mail or personal service. Notice
of the
6 agreement shall also be published in a newspaper of general
7 circulation in the
drainage district. in question.
8 (6) (5) By
agreement with a landowner, and the developer,
9 if any, the drain
commissioner or intercounty drainage board
10 may establish an existing
private drain which that is within a
11 drainage district and that was constructed by the landowner or
12 developer to service an
area on his or her own land. as a county
13 or intercounty drain. The landowner shall provide plans and
14 easements in form acceptable to the drain commissioner or
15 drainage board.
16 (7) (6) If
a drain established pursuant to subsection
17 (5) (6) adds lands to an existing drainage
district, the
18 provisions of
subsections (2) and (3) shall subsections
(3) and
19 (4) apply.
20 (8) (7) If
a drain established pursuant to subsection
21 (5) (6) is independent from an existing drainage
district, a
22 certificate shall be
obtained , as provided in subsection (2)
23 and at the expense of the
landowner or developer of the lands
24 land served by the
proposed drain. , from a registered
25 professional engineer
satisfactory to the drain commissioner or
26 the intercounty
drainage board to the effect that the outlet for
27 the existing drain is
the only reasonably available outlet for
1 the drain and that
there is sufficient capacity in the existing
2 outlet for the
proposed drain to serve as an adequate outlet
3 without detriment to
or diminution of the drainage service which
4 the outlet presently
provides. All drain facilities,
and all
5 rights-of-way, easements, or property in which the facilities are
6 located, acquired, or constructed pursuant to the agreement to
7 establish the drain shall be dedicated to public use or conveyed
8 or transferred to the
drainage district. and the The drain
9 facilities and drainage district shall be an established drain
10 and drainage district the
same as if originally laid out and
11 designated, located,
established, established and
constructed
12 by procedures set
forth in under this act. All
plans Plans
13 and specifications, including a map and a description of the
14 drainage district, pertaining
to the private drain as may be
15 required by the drain
commissioner or intercounty drainage board
16 shall be furnished to the
drain commissioner or intercounty
17 drainage board.
18 (9) (8) The
landowner or developer who transfers a drain
19 pursuant to subsection
(5) this section shall deposit with the
20 drain commissioner or drainage board funds in the amount of 5% of
21 the cost of the drain but
not more than $2,500.00 $5,000.00.
22 The money received by the drain commissioner or intercounty
23 drainage board pursuant to this subsection shall be deposited in
24 a special the drain fund which shall be used for the
future
25 maintenance of the
transferred drain for the drain
and used as
26 provided in section 196.
27 (10) Before undertaking construction activity under this
1 section, a landowner or developer shall obtain any permits
2 required under the natural resources and environmental protection
3 act, 1994 PA 451, MCL 324.101 to 324.90106, or any other state or
4 federal law.
5
CHAPTER 20 .
6 INTRACOUNTY COUNTY
DRAINS; PUBLIC CORPORATIONS .
7 Sec. 463. (1)
Before filing a petition under this section,
8 the legislative body
of a public corporation shall first
9 determine whether the
drain project contemplated may necessitate
10 the levy of a special
assessment, fee, or charge under section
11 490. If the
legislative body determines that a special
12 assessment, fee, or
charge may be made under section 490, before
13 filing a petition
under this section, the legislative body shall
14 proceed as provided in
section 489a.
15 (1) (2) If
it is necessary for the public health to locate,
16 establish, and
construct a county drain, a petition for that
17 purpose may be filed
with the county drain commissioner signed by
18 2 or more public
corporations which will be subject to
19 assessments to pay the
cost of the drain to initiate the
20 establishment of a drainage district and the establishment and
21 construction of a county drain that is necessary for the public
22 health or the maintenance and improvement of such a drain, 1 or
23 more cities, villages, and townships that will be subject to
24 assessment to pay the cost of the drain may, after complying with
25 section 489a, if applicable, file a petition with the county
26 drain commissioner as provided in section 14. The petition shall
27 state that it is filed
pursuant to this chapter, and shall
1 describe the location
and route of the proposed drain
2 sufficiently to
determine with reasonable certainty the areas to
3 be serviced by the
drain. 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 propose a location and route for the drain.
7 (3) Not more than
20 days after the petition is filed, the
8 county drain
commissioner shall notify each public corporation
9 which may be subject
to an assessment or in which is located any
10 of the areas to be
drained, as described in the petition, that a
11 petition was filed.
12 (2) (4) A
certified copy of the resolution of the governing
13 body of each signer
authorizing the affixing of the signature of
14 the governing body to
the petition shall be attached to the
15 petition. The
petition may be filed in more than 1 counterpart.
16 For a petition filed
by a county, the county board of
17 commissioners shall
authorize the execution of the petition, and
18 for a petition filed
by the state, the state transportation
19 commission shall
authorize the execution of the petition. The
20 petition may be filed in more than 1 counterpart. As provided in
21 section 423, an order of
determination of the water resources
22 commission department of environmental quality shall also
serve
23 as a petition made pursuant to this chapter.
24 (3) Not more than 28 days after the petition is filed, the
25 county drain commissioner shall notify each public corporation
26 which may be subject to an assessment or in which is located any
27 of the areas to be drained, as described in the petition, that a
1 petition was filed.
2 Sec. 464. (1) There
A drainage board is created for each
3 project petitioned for
under this chapter. , a drainage board
4 that, except Except as otherwise provided in subsection
(2), the
5 drainage board shall consist of the drain commissioner of the
6 county, the chairperson of the county board of commissioners or a
7 member of the county board of commissioners designated by that
8 chairperson, and the chairperson of the board of county
9 auditors. If there is no board of county auditors in the county,
10 then the chairperson of the finance committee of the county board
11 of commissioners shall
act as a member of the drainage board,
12 and if or a member of the county board of commissioners
13 designated by that chairperson shall be a member of the drainage
14 board. If there is neither a board of county auditors nor a
15 finance committee, then the chairperson of the county board of
16 commissioners shall select from time to time 1 member of the
17 county board of commissioners to act as a member of the drainage
18 board. If a member
of the drainage board who is a commissioner,
19 as provided in this
section or section 487, is interested in a
20 project petitioned for
under this chapter, by reason of his or
21 her holding an elected
or appointed office in a public
22 corporation to be
assessed for the cost of the project, he or she
23 is disqualified to act
as a member of the drainage board with
24 respect to the
project. In such case the vice-chairperson or
25 chairperson pro
tempore of the county board of commissioners or
26 of the finance
committee of the county board of commissioners, if
27 not also disqualified,
shall act as the member. If the
1 vice-chairperson or
chairperson pro tempore is disqualified, the
2 drain commissioner of
the county shall designate a member of the
3 county board of commissioners
who is not disqualified to act as a
4 member of the drainage
board for the project. The chairperson of
5 the county board of
commissioners and any member of a county
6 board of commissioners
serving on A member of the
drainage board
7 shall receive the compensation,
mileage, and expenses as
8 provided by the
drainage board. However, compensation paid to a
9 member shall not
exceed $25.00 per diem, exclusive of mileage and
10 expenses, for attendance
at drainage board meetings which
shall
11 be determined as provided in section 52 for members of a board of
12 determination. The county drain commissioner shall be
13 chairperson of the drainage board. The chairperson shall keep
14 minutes of the proceedings of the drainage board and all records
15 and files of the board
shall be kept in his or her office. In
16 counties of less than
500,000 population, the commissioner shall
17 be paid the same compensation
as other members of the drainage
18 board.
19 (2) In a county
organized under a charter adopted under Act
20 No. 293 of the Public
Acts of 1966, being sections 45.501 to
21 45.521 of the Michigan
Compiled Laws 1966 PA 293, MCL
45.501 to
22 45.521, that has a population of more than 2,000,000 at the time
23 the charter is adopted and whose charter prescribes an elected
24 county executive, the drainage board shall consist of the
25 following members:
26 (a) The person designated by the charter to carry out the
27 administrative duties of the drain commissioner or that person's
1 designee, who shall also serve as chairperson of the drainage
2 board.
3 (b) The county commissioner whose district will be assessed
4 for the greatest portion of the cost of the project, or that
5 county commissioner's designee. The determination of which
6 county commissioner is qualified to sit under this subdivision
7 shall initially be made by the chairperson of the drainage board
8 at the time when the petition for the project is filed.
After
9 the final order of apportionment is issued under section 469, the
10 county commissioner who qualifies under this section shall become
11 the county commissioner member and serve until another
12 apportionment is established requiring the seating of another
13 commissioner.
14 (c) A person appointed by the county executive with the
15 advice and consent of a majority of the members of the county
16 board of commissioners elected or appointed and serving.
17 (3) In a county described in subsection (2), the requirements
18 in this chapter for substantive actions and determinations shall
19 be followed in administering each project petitioned for under
20 this chapter, subject to and in accordance with any applicable
21 provisions of the county charter.
22 Sec. 465. (1) A meeting of the drainage board may be called
23 by the chairperson or 2
members of the board. , on notice sent
24 by registered mail to
each member, setting forth the time, date,
25 and place of the
meeting. The notice shall be mailed not less
26 than 5 days before
the time of the meeting. The affidavit of
27 the chairman as to
such mailing shall be conclusive proof
1 thereof. Notice of the meeting shall be given as provided
in
2 section 8.
3 (2) A majority
of the members of the board shall constitute
4 a quorum for the transaction of business, but a lesser number may
5 adjourn from time to
time. A meeting may be adjourned from time
6 to time. Unless otherwise provided in this act, an action
shall
7 not be taken by the board except by a majority vote of its
8 members. In the
event of the adjournment of a hearing, it shall
9 not be necessary to
advertise If a hearing is adjourned,
it is
10 not necessary to give notice of the adjournment of the hearing.
11 (3) All orders issued by the drainage board shall be signed
12 by the chairperson.
13 Sec. 466. Upon
receipt of a petition as hereinbefore
14 provided under this chapter, the county drain
commissioner shall
15 call the first meeting of the drainage board by giving notice of
16 the meeting as described in section 465. In the event there be
17 no board of county
auditors or However, if there is
neither a
18 board of county auditors nor a finance committee in the county,
19 then notice to the chairman
chairperson of the county board of
20 supervisors commissioners of such the
county shall be deemed
21 to be serve as notice to the member of the county
board of
22 supervisors commissioners to be selected by him the
23 chairperson under section 464.
24 Sec. 467. (1) The drainage board, at its first meeting,
25 shall consider the petition for the project under this chapter
26 and make a tentative determination as to the sufficiency of the
27 petition and the
practicability of the proposed drain project,
1 and shall further make a tentative determination of the public
2 corporations to be assessed. The drainage board shall give a
3 name to the drain and to the drainage district. The district
4 shall be composed of the public corporations to be assessed for
5 the cost of the project.
6 (2) After the
drainage board has made makes the
7 determination, it shall fix a time, date, and place it will meet
8 to hear objections to the proposed drain and the petition for the
9 drain, and to the matter of assessing the cost of the drain to
10 the designated public corporations. Notice of the hearing shall
11 be published twice in
the county by inserting the notice in at
12 least 1 newspaper
published in the county, designated by the
13 drainage board, with
the first publication to be not less than 20
14 days before the time
of the hearing. The notice shall also be
15 sent by registered
mail to the clerk or secretary of each public
16 corporation proposed
to be assessed, except that a notice to the
17 state shall be sent to
the state highway director and a notice to
18 a county shall be sent
to both the county clerk and the county
19 road commission. The
mailing shall be made not less than 20 days
20 before the time of the
hearing. The notice shall be signed by
21 the chairperson and
proof of the publication and mailing of the
22 notice shall be filed
in his or her office. The drainage board
23 may provide a form to
be substantially followed in the giving of
24 the notice. given as provided in section 8.
25 (3) After the hearing, the drainage board shall make a
26 determination as to the sufficiency of the petition, the
27 practicability of the drain,
whether the drain should be
1 constructed project, whether the project is necessary and
2 conducive to public health, and if so, the public corporations to
3 be assessed, and shall issue its order accordingly. The order
4 shall be known as the final order of determination. A public
5 corporation shall not be eliminated from, or added to, those
6 tentatively determined to be assessed without a rehearing after
7 notice as provided in subsection (2).
8 Sec. 467a. (1) After the drainage board enters the final
9 order of determination, the drainage board shall secure the
10 service of an engineer. The drainage board shall select the
11 engineer based on his or her qualifications. The engineer shall
12 prepare plans, specifications, and an estimate of costs of the
13 proposed drain. The drainage board shall secure from the
14 engineer or a surveyor a description of the lands or
15 rights-of-way needed for the proposed drain. The drainage board
16 shall secure from an engineer or other qualified professional an
17 evaluation of the effects of the proposed drain on natural
18 resources that identifies appropriate practical measures to
19 minimize adverse effects. In approving the route of the drain as
20 furnished by the engineer, the drainage board is not limited to
21 that described in the petition or in the final order of
22 determination, if the new route is more efficient and
23 serviceable.
24 (2) The drainage board shall obtain any permits required
25 under the natural resources and environmental protection act,
26 1994 PA 451, MCL 324.101 to 324.90106. All costs associated with
27 evaluating natural resource impacts and implementing the measures
1 to minimize those impacts shall be the responsibility of the
2 drainage district.
3 (3) Subject to subsection (4), measures that are intended to
4 improve or enhance natural resources values may be included as
5 part of the drainage project in the discretion of the drainage
6 board. The funding for the costs of such measures may include
7 gifts, donations, grants, and contracts pursuant to section 431,
8 special assessments or any combination thereof as considered
9 appropriate by the drain commissioner.
10 (4) If the proposed drain is located in a watershed
11 management district for which a watershed management plan has
12 been adopted under section 595, the drainage board shall
13 undertake the establishment and construction of the drain,
14 including, but not limited to, measures to improve or enhance
15 natural resource values, consistent with the watershed management
16 plan.
17 Sec. 467b. If, after the receipt of the plans,
18 specifications, estimate of cost, and descriptions of the lands
19 or rights-of-way needed for the proposed drain, the drainage
20 board determines that the project is not practical, the drainage
21 board shall notify the public corporations in the district by
22 first-class mail of the intent to reject the petition. The
23 notice shall specify the reasons for the proposed rejection. The
24 notice shall also specify a time, date, and place for a public
25 hearing to hear objections to the rejection of the petition. At
26 the public hearing, the drainage board shall elicit testimony and
27 evidence with regards to the proposed rejection. Following the
1 receipt of testimony, the drainage board shall determine whether
2 or not the petition should be rejected. If the rejection is
3 determined to be practical, the drainage board shall enter an
4 order of rejection and apportion all costs incurred to the
5 district as if the project had been built and the costs shall be
6 subsequently assessed and paid as provided in this chapter. A
7 determination to reject a petition does not limit the right to
8 file another petition.
9 Sec. 468. (1)
The drainage board shall secure from a
10 competent engineer,
plans, specifications, and an estimate of
11 cost of the proposed
drain, which, when approved and adopted by
12 the board, shall be
filed with the chairman thereof. In
13 approving the plans
and specifications, the drainage board shall
14 not be limited to the
route of the drain described in the
15 petition or the final
order of determination. The drainage
board
16 shall tentatively establish the percentage of the cost of the
17 drain or of the several sections or parts thereof which is to be
18 borne by each public corporation. In making the apportionments
19 hereunder, there
shall be taken into consideration the benefits
20 to accrue to each
public corporation and also the extent to which
21 each public
corporation contributes to the conditions which make
22 the drain necessary.
Apportionments against the state shall be
23 based upon the
benefits and contributions as related solely to
24 the drainage of state
highways, and those against the county
25 shall be based as
related solely to the drainage of its county
26 highways. to cities, villages, and townships, the drainage
board
27 shall consider the benefits to accrue to each city, village, or
1 township and also the extent to which each city, village, or
2 township contributes to the conditions that make the drain
3 necessary, subject to section 500. Apportionments against this
4 state or a county shall relate solely to state trunk line
5 highways or county roads, respectively. The apportionment of
6 benefits for state trunk line highways and the portion paid by
7 county road commissions for benefit to county roads must be paid
8 pursuant to section 14a of 1951 PA 51, MCL 247.664a. Before a
9 tentative apportionment shall
be is made, the drainage board
10 shall designate the area to be served by the drain project, which
11 may or may not include
all of the area in a public corporation
12 city, village, or township to be assessed and may divide the
13 drain into sections or parts for purposes of apportionment or
14 construction. Nothing
herein contained shall prohibit the
15 county from assuming
any The county may assume an
additional
16 cost of the drain if by
the vote of 2/3 of the members elect of
17 the county board of
commissioners. vote in favor thereof.
18 (2) The
apportionment shall only apply to the proposed
19 drain construction or improvement project and separate
20 maintenance apportionments for the drain may be established. The
21 apportionments for any extensions or other work subsequently
22 performed under section 482
463 shall be reestablished by the
23 board. When chapter
25 is employed in the apportionment of
24 costs, the above
25 (3) The
proceedings shall in this chapter may be altered
26 and supplemented as provided in chapter 25.
27 Sec. 469. (1) After the tentative apportionments of cost
1 have been made, the drainage board shall set a time, date, and
2 place it will meet and hear objections to the apportionments.
3 Notice of the hearing
shall be published twice in the county by
4 inserting the notice
in at least 1 newspaper published in the
5 county, designated by
the drainage board, the first publication
6 to be not less than 20
days before the time of the hearing. The
7 notice shall also be
sent by registered mail to the clerk or
8 secretary of each
public corporation proposed to be assessed,
9 except that a notice
to the state shall be sent to the state
10 highway director and a
notice to the county shall be sent both to
11 the county clerk and
the county road commission. The mailing
12 shall be made not less
than 20 days before the time of hearing.
13 The notice shall be
signed by the chairperson and proof of the
14 publication and
mailing of the notice shall be filed in his or
15 her office. The
drainage board may provide a form to be
16 substantially followed
in the giving of the notice given
as
17 provided in section 8. The notice shall include tentative
18 apportionments to the several public corporations.
19 (2) After the hearing, the drainage board may confirm the
20 apportionments as tentatively made, or if it considers the
21 apportionments to be inequitable, it shall readjust the
22 apportionments. If the readjustment involves the increasing of
23 an assessment and an
increase shall is not be consented to by
24 resolution of the governing body of the public corporation whose
25 assessment was increased, before any readjusted apportionments
26 are confirmed the drainage board shall set a time, date, and
27 place for a rehearing and shall give notice of the hearing as
1 provided in the first
instance subsection (1). The notice
2 shall also set forth the apportionments as readjusted. After
3 confirmation, the drainage board shall issue its order setting
4 forth the several apportionments as confirmed. The order shall
5 be known as the final order of apportionment.
6 (3) After issuing the final order of apportionment, the
7 drainage board shall acquire under section 7 property necessary
8 for the drain.
9 Sec. 472. The county treasurer shall be the custodian of
10 the funds of the drainage
district. He The county treasurer
11 may designate 1 or more
of his or her deputies who may to act
12 for him the
county treasurer in the performance of any of his
13 or her duties under this section. The drainage board may require
14 the county treasurer and any deputy county treasurer so
15 designated to furnish a bond payable to the drainage district, in
16 addition to any bond payable to the county, conditioned upon the
17 faithful discharge of his
or her duties in respect to moneys
18 money belonging to the
drainage district. , the The premium
19 thereon to on the bond shall be paid by the drainage
district.
20 Moneys Money held by said the
treasurer shall be paid out
21 only upon order of the
drainage board, except that no such order
22 shall be an order is not required for the payment of
principal
23 and interest on bonds.
24 Sec. 473. (1) After the confirmation of the apportionments
25 by the drainage board, the chairperson of the board shall prepare
26 a computation of the estimated cost of the drain project or, if
27 the actual cost has been ascertained, the actual cost, including
1 the items listed in section 261 and interest on any money
2 advanced pursuant to section 479.
3 (2) After the confirmation
of the apportionments by the
4 drainage board, the
chairman preparation of the
computation of
5 costs by the chairperson of the drainage board, the chairperson
6 of the board shall
prepare a special assessment roll schedule
7 assessing the estimated cost of the drain, or if the actual cost
8 has been ascertained, then the actual cost and any interest on
9 bonds or other evidences of indebtedness, against the several
10 public corporations in accordance with the confirmed
11 apportionments. The drainage board may provide for the payment
12 of the special assessments in any number of annual installments,
13 not exceeding 30, but an installment shall not be less than 1/4
14 of any subsequent installment. The drainage board shall fix a
15 date, not later than 4 years after confirmation, for the payment
16 of the first installment so that each public corporation can make
17 a tax levy for the payment of the installment. Subsequent
18 installments shall become due annually on the same day and month
19 of subsequent years. A city or village may elect to spread the
20 tax levy upon the county tax roll instead of the city or village
21 tax roll.
22 (3) Installments of assessments against the state and against
23 public corporations which collect their taxes beginning
24 approximately December 1 in each year shall become due and
25 payable on or before April 1 of each year. Installments of
26 assessments against other public corporations shall become due
27 and payable on or before the dates fixed by the drainage board,
1 depending upon the times of the collection of taxes by the public
2 corporations. The drainage board shall fix the commencement date
3 of interest to be paid upon unpaid installments, not to exceed an
4 amount sufficient to pay interest on bonds or other evidences of
5 indebtedness issued or to
be issued by the drainage district. ,
6 which The interest shall become due annually on the
day and
7 month upon which the annual installments become due but may
8 become due in years before the due date of the first
9 installment. The drainage board may provide for the payment of
10 installments in advance of their respective due dates and may
11 prescribe the terms and
conditions thereof. The drainage board
12 shall fix the date,
not later than 4 years after confirmation on
13 which the first
installment of special assessments shall become
14 due and payable so
that each public corporation can make a tax
15 levy for the payment,
and subsequent installments shall become
16 due annually on the
same day and month of subsequent years. When
17 chapter 25 is employed
in the apportionment of costs, the above
18 proceedings shall be
altered and supplemented as provided in
19 chapter 25 for advance payments.
20 (4) The special assessment schedule shall contain all of the
21 following:
22 (a) The name of each public corporation assessed.
23 (b) The total estimated cost of the project, or the actual
24 cost if the same actual cost has been ascertained by the time of
25 the preparation of the schedule.
26 (c) The percentage apportioned to each public corporation.
27 (d) The principal amount of the assessment against each
1 public corporation based on the percentage of apportionment.
2 (e) The interest portion of the assessment sufficient to pay
3 the interest on bonds or other evidence of indebtedness based
4 upon the percentage of apportionment.
5 (f) The amount of each installment if the assessment is
6 divided into annual installments.
7 (g) The due date of each installment.
8 Sec. 474. (1)
The special assessment roll shall contain
9 the name of each
public corporation assessed, the total estimated
10 cost of the project,
or actual cost if the same has been
11 ascertained at the
time of the preparation of the roll, the
12 percentage apportioned
to each public corporation, the amount of
13 the assessment against
each public corporation based upon the
14 percentage of
apportionment, and the amount of each installment
15 if the assessment is
divided into annual installments. After
the
16 special assessment
roll has been prepared, it shall be presented
17 to the drainage board
for approval. When the roll has been
18 approved, then a
statement to that effect, signed by the chairman
19 of the drainage board,
shall be affixed to the roll chairperson
20 of the drainage board prepares the special assessment schedule,
21 the chairperson shall present the schedule to the drainage board
22 for approval. If the drainage board approves the special
23 assessment schedule, the chairperson of the drainage board shall
24 affix to the schedule a signed statement to that effect setting
25 forth the date of
approval. The chairman chairperson of the
26 drainage board shall then certify to each public corporation
27 assessed the amount
of the total assessment against it, the
1 amount of the various
installments if the assessment is divided
2 into installments, the
due date of each installment, and the rate
3 of interest upon
installments from time to time unpaid. The
4 chairman each assessment information in the assessment
5 schedule.
6 (2) Each year, at
least 30 28 days before the time of the
7 levying of taxes by each public corporation, the chairperson of
8 the drainage board shall
notify it the public corporation of
9 the amount of the installment and interest next becoming due, but
10 the failure to notify a public corporation shall not excuse it
11 from making payment of the installment and interest.
12 (3) On or before the due date of an installment, each public
13 corporation shall pay to the county treasurer the full amount
14 thereof, together with
interest accruing to the due date. If a
15 public corporation
fails or neglects to account to the county
16 treasurer for the
amount of an installment and interest, then the
17 county treasurer shall
advance the amount thereof from county
18 funds if bonds or
other evidences of indebtedness have been
19 issued to finance the
project, in anticipation of the collection
20 of the installment and
interest pursuant to this chapter and the
21 county board of
commissioners has previously acted, by a
22 resolution adopted by
a 2/3 vote of its members elect, to pledge
23 the full faith and
credit of the county for the prompt payment of
24 the principal of and
interest on the bonds or evidences of
25 indebtedness.
26 The county
treasurer shall immediately notify the public
27 corporation of the
amount advanced by the county on account of
1 the default by the
public corporation in paying the installment
2 and interest assessed
against it. The county treasurer shall
3 also notify the state
treasurer, or other appropriate disbursing
4 official, who shall
deduct the amount from moneys in his
5 possession belonging
to the public corporation which are not
6 pledged to the payment
of debts, but the state treasurer or other
7 official shall not
withhold in any 1 year a sum greater than 25%
8 of the total amount
owed by the delinquent public corporation as
9 stated in the notice
from the county treasurer. Nothing in this
10 section shall permit
the deduction of moneys in contravention of
11 the state constitution
of 1963.
12 The county board
of commissioners of a county which has
13 advanced money for a
public corporation and which has not been
14 reimbursed therefor,
may order the public corporation and its
15 officers to levy upon
its next tax roll an amount sufficient to
16 make the reimbursement
on or before the date when its taxes
17 become delinquent; and
the public corporation and its tax levying
18 and collecting
officials shall levy and collect those taxes and
19 reimburse the county.
The foregoing shall not prevent the county
20 from obtaining
reimbursement by any other legal method.
21 Assessments against
the state shall be certified to the state
22 highway commission and
paid from state highway funds. The tax
23 levying officials of
each of the other public corporations
24 assessed shall levy
sufficient taxes to pay assessment
25 installments and
interest as the same become due unless there has
26 been set aside moneys
sufficient therefor. A city or village may
27 elect to spread the
tax levy upon the county tax roll instead of
1 the city or village
tax roll. If a special assessment roll is
2 prepared upon the
basis of the estimated cost of the project,
3 then after the actual
cost has been ascertained and determined by
4 the drainage board,
the special assessments and the installments
5 thereof shall be
corrected by adding any deficiency or deducting
6 any excess. The
drainage board may order the corrections to be
7 made upon the original
roll or may order that a new corrected
8 roll or a supplemental
roll be prepared and submitted for
9 approval by the
drainage board. 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.
12 Sec. 474a. (1) If a public corporation fails or neglects to
13 account to the county treasurer for the amount of an installment
14 and interest, then the county treasurer shall advance the amount
15 thereof from county funds if bonds or other evidences of
16 indebtedness have been issued to finance the project in
17 anticipation of the collection of the installment and interest
18 pursuant to this chapter and if the county board of commissioners
19 has previously acted, by a resolution adopted by a 2/3 vote of
20 its members elect, to pledge the full faith and credit of the
21 county for the prompt payment of the principal of and interest on
22 the bonds or evidences of indebtedness.
23 (2) The county treasurer shall immediately notify the county
24 board of commissioners and public corporation of the amount
25 advanced by the county on account of the default by the public
26 corporation in paying the installment and interest assessed
27 against it. The county may use any legal means to obtain
1 reimbursement of the amount advanced.
2 (3) The tax levying officials of each of the other public
3 corporations assessed shall levy sufficient taxes to pay
4 assessment installments and interest as the same become due
5 unless there has been set aside money sufficient therefor. A
6 city or village may elect to spread the special assessment levy
7 upon the county tax roll instead of the city or village tax
8 roll. If a special assessment schedule is prepared upon the
9 basis of the estimated cost of the project, then after the actual
10 cost has been ascertained and determined by the drainage board,
11 the special assessments and the installments thereof shall be
12 corrected by adding any deficiency or deducting any excess. The
13 drainage board may order the corrections to be made upon the
14 original special assessment schedule or may order that a new
15 corrected schedule or a supplemental schedule be prepared and
16 submitted for approval by the drainage board. The proceedings in
17 this section may be altered and supplemented as provided in
18 chapter 25.
19 Sec. 476. (1) The drainage board may issue 1 or more series
20 of bonds for and on
behalf of the drainage district, in
21 anticipation of the
collection of any or all installments of
22 assessments, or
any part thereof, and pledge the full faith and
23 credit of the drainage district for the prompt payment of the
24 principal thereof and the interest thereon. The bonds shall
25 mature serially with the last maturity not later than 2-1/2 years
26 after the due date of the last installment of the assessments.
27 and there may be The bonds may have more than 1 principal
1 maturity date during any 12-month period. The bonds shall be
2 signed by the chairman
and at least 1 other member chairperson
3 and secretary of the drainage
board and the facsimile signature
4 of the chairman shall who shall cause their facsimile signatures
5 to be affixed to the interest coupons attached thereto.
6 (2) Collections of both principal and interest on all
7 installments of
assessments in anticipation of which bonds shall
8 have been are issued shall be kept in a separate bank
account by
9 the county treasurer and,
used for no other purpose than until
10 the bonds are fully paid, shall be used solely for the payment of
11 principal and interest on
such the bonds. until the full
12 payment thereof.
13 Sec. 478. (1) The drainage board for each project shall
14 continue in existence with such changes in personnel as shall
15 result from changes in the officers constituting the board
16 membership. It shall be responsible for the operation and
17 maintenance of the drain. Any necessary expenses incurred in
18 administration and in the operation and maintenance of the drain
19 and not covered by contract shall be paid by the several public
20 corporations assessed for the cost of the drain. The assessments
21 shall be in the same proportion as the cost of the drain was
22 assessed unless the drainage board establishes a different
23 proportion for the assessments after notice and hearing as
24 provided in section 469.
25 (2) The
drainage board , by resolution duly adopted by it,
26 may relinquish
jurisdiction and control over all or any part of a
27 drain or drain project
at any time when there is no outstanding
1 indebtedness or
contract liability of its drainage district, to
2 the county, township,
city or village in which all or the part of
3 the drain or drain
project is wholly located, if the county,
4 township, city or
village requests or consents to the
5 relinquishment of
jurisdiction and control by resolution duly
6 adopted by its
governing body. Indebtedness or contract
7 liability of any
drainage district which will be paid in full at
8 the time of
consummation of relinquishment of jurisdiction and
9 control shall not be
deemed to be outstanding. If relinquishment
10 of jurisdiction and
control is to a county, the resolution of the
11 governing body of the
county shall specify the county agency,
12 such as board of
public works, drain commissioner, board of
13 county road
commissioners, or parks and recreation commission,
14 which shall be
thereafter responsible for exercise of such
15 jurisdiction and
control. Any moneys in the drain fund of any
16 drain, over all or any
part of which jurisdiction and control is
17 relinquished, shall be
used to pay any indebtedness or contract
18 liability of its
drainage district, and the balance shall be
19 turned over to the
county, township, city or village to be used
20 solely with respect to
the drain, all or part thereof, over which
21 jurisdiction and
control is assumed. If the relinquishment of
22 jurisdiction and
control and the turnover of drain fund relates
23 to a part of a drain
or drain project, such relinquishment and
24 turnover shall not
become effective until consented to by
25 resolution of the
governing body of each public corporation which
26 has paid a part of the
cost of the drain or drain project, and
27 for this purpose the
board of county road commissioners and the
1 state highway
commission shall be deemed to be the governing body
2 for the county and the
state. may relinquish
jurisdiction over
3 all or part of a drain as provided in section 395.
4 Sec. 483. Neither
the final order of determination nor the
5 final order of
apportionment shall be subject to attack in any
6 court, except by
proceedings in certiorari brought within 20 days
7 after the filing of such
order in the office of the chairman of
8 the board issuing the
same. If no such proceeding shall be
9 brought within the
time above prescribed, the drain shall be
10 deemed to have been
legally established and the legality of the
11 drain and the
assessments therefor shall not thereafter be
12 questioned in any suit
at law or in equity, either on
13 jurisdictional or
nonjurisdictional grounds. The
proceedings to
14 establish a drain and levy assessments are subject to review on
15 superintending control. A complaint seeking a writ of
16 superintending control for any error in proceedings occurring
17 before or in the final order of determination shall be filed not
18 more than 14 days after the final order is issued and for any
19 error in proceedings occurring after the final order of
20 determination, not more than 10 days after the hearing on
21 objections to apportionments. The proceedings shall be as
22 provided in section 161(2) and (3).
23 Sec. 490. (1) Subject to the requirements of section 489a,
24 if the legislative governing
body of a public corporation
25 city, village, or township, which has been assessed under this
26 chapter, determines that a part of the lands in the public
27 corporation will be especially benefited by the drain project to
1 the extent of a portion of the amount assessed under this
2 chapter, the legislative
governing body may cause that portion
3 of the assessment under this chapter to be specially assessed,
4 according to benefits, against the especially benefited lands, if
5 the special assessment method of financing is not inconsistent
6 with local financing policy for similar drains and sewers. The
7 special assessment shall be made under the statutory or charter
8 provisions governing
special assessments in the public
9 corporation city, village, or township to the extent
10 applicable. However, if there is not another drain assessment in
11 the district on this particular drain, the special assessment
12 proceedings may be
initiated by resolution of the legislative
13 governing body of the public
corporation city, village, or
14 township without petition, after compliance with section 489a,
15 and a petition or written objection in opposition to the levying
16 of special assessments shall be advisory only and shall not
17 require a petition for the project, except as otherwise provided
18 in section 489a.
19 (2) After determining by resolution to proceed, the
20 legislative governing body shall cause a special
assessment
21 roll to be prepared. After the special assessment roll is
22 prepared, the proceedings with respect to the special assessment
23 roll and the making and collection of the special assessments
24 shall be conducted pursuant to the statute or charter governing
25 special assessments in
the public corporation city, village, or
26 township. However, the total assessment may be divided into not
27 more than 30 installments, and a person assessed, at the hearing
1 upon the special
assessment roll prepared by the public
2 corporation city, village, or township, may object to the
3 special assessment
district previously established by the public
4 corporation city, village, or township. Due consideration
shall
5 be given to the objections. A hearing held under this section
6 shall not take the place of a meeting required under section
7 489a, unless notice of the hearing is prepared and mailed in the
8 manner prescribed by section 489a.
9 (3) If a special assessment is levied under this section, all
10 collections from the special assessment shall be used towards the
11 payment of the assessment
at large against the public
12 corporation city, village, or township. Each annual levy
made
13 for the payment of the assessment at large shall be reduced by
14 the amount of money then on hand from special assessment
15 collections available for this use.
16 (4) This section shall
not be construed to does not prevent
17 the assessment of public
corporations A city, village, or
18 township at large under this chapter. In place of or in addition
19 to levying special assessments, the public corporation, under the
20 same conditions and for the same purpose, may exact connection,
21 readiness to serve, availability, or service charges to be paid
22 by owners of land directly or indirectly connected with the drain
23 project, or a combination
of projects. , subject to section
24 489a.
25 Sec. 491. (1) A petition otherwise meeting the requirements
26 of this chapter as to
petitioners, execution and filing may
27 request, for reasons of public health, that jurisdiction be
1 assumed over all or a specified part of the bed, tributaries,
2 banks, and flood
plains floodplains of a river, creek, or
3 watercourse, not part of an established drain. The petition
4 shall describe the existing or threatened conditions which cause
5 or increase the danger of
flooding, pollution, desecration
6 damage, or obstruction of
such the river, creek, or
7 watercourse, and shall specify, in general terms, the works,
8 property acquisition,
actions, or procedures deemed considered
9 necessary to remove or lessen such danger.
10 (2) The petitioners named in a petition under subsection (1)
11 shall include in the petition an agreement to pay, or accompany
12 the petition with a deposit in the amount of, the estimated cost
13 of the planning and engineering required to describe all of the
14 following:
15 (a) In recordable form, the bed, tributaries, banks, and
16 floodplains of the river, creek, or watercourse over which
17 jurisdiction is necessary and is to be assumed under the
18 petition.
19 (b) The work to be done under the petition.
20 (c) The property to be acquired under the petition.
21 (3) Upon the filing of the petition with the agreement or
22 deposit to pay costs, the drain commissioner and drainage board
23 shall proceed under sections 466 and 467. The drainage board
24 shall hold a hearing to hear objections to the assumption of such
25 jurisdiction, to the petition and to the proposed work or
26 property as provided for other drain projects under this
27 chapter. Notice of the hearing shall contain the description as
1 approved and adopted by the drainage board.
2 (4) After the hearing, the drainage board shall issue its
3 final order of determination under section 467. The final order
4 of determination shall state whether or not the drainage board
5 will assume jurisdiction and perform the work proposed, if any.
6 The final order of determination shall contain the description of
7 the bed, tributaries, banks, and floodplains of the river, creek,
8 or watercourse over which jurisdiction has been assumed and shall
9 be recorded in the county records in the county in which any part
10 thereof is located. After the final order of determination is
11 recorded, no constructing, excavating, land filling, removing of
12 structures or vegetation, dumping, or discharging of sewers or
13 drains shall be permitted or continued in the bed, tributaries,
14 banks, or floodplains of the river, creek, or watercourse within
15 the recorded description thereof, except upon written order or
16 permit issued by the drainage board.
17 (5) The recording of the description does not appropriate,
18 terminate, or lessen any private rights in property, real or
19 personal, except property acquired under section 7. The
20 recording of the description constitutes a regulation and
21 limitation, for reasons of public health, of the use of the
22 public and private property therein described to remove or lessen
23 the danger of flooding, pollution, damage, or obstruction of the
24 river, creek, or watercourse, or part thereof, involved.
25 (6) Before any work, other than preparation of the
26 description and the approval, adoption, and recording of the
27 description, is done or rights in property are acquired by the
1 drainage board, pursuant to a petition under subsection (1), the
2 drainage board shall make a determination, following notice and a
3 hearing as provided in this chapter, as to the public
4 corporations to be assessed for the cost of the work or
5 acquisition. The hearing may be the same hearing provided for in
6 subsection (3).
7 (7) After the hearing and the determination to proceed with
8 the work, the drainage board shall proceed in the same manner and
9 have the same powers and duties as are provided for other drain
10 projects in this chapter.
11 Sec. 499. (1) After the construction of a county drain for
12 which none of the financing is obtained through special
13 assessments under section 490, the drainage board shall provide
14 for an amount from surplus construction funds sufficient to
15 inspect, repair, and maintain the drain as provided in section
16 196 199. After providing for inspection, repair,
and
17 maintenance, the drainage board may apportion the balance of the
18 surplus construction funds to separate accounts to the credit of
19 the public corporations against which the cost of the drain is
20 assessed. The funds shall be credited in direct proportion to
21 amounts assessed and collected from the public corporations.
22 (2) Funds in an account apportioned to the credit of a public
23 corporation under this section shall be used only for the
24 following:
25 (a) To pay principal and interest on bonds issued to finance
26 the drain for which the assessment is imposed.
27 (b) If bonds are not sold, to pay assessments due from the
1 public corporation.
2 (c) At the request of the public corporation, to alleviate
3 drainage problems in that public corporation.
4 (3) A drainage board shall apply section 283 to surplus
5 construction funds instead of this section when state trunk line
6 funds are used.
7 Sec. 500. Assessments against a township shall be against
8 the township as a whole, including any village unless the
9 drainage board or the drain commissioner determines to assess a
10 village separately. In that case, all of the following apply:
11 (a) The assessment against the village shall be the
12 responsibility of the village.
13 (b) The assessment against the township shall exclude the
14 village.
15 (c) A tax or special assessment levied by the township to
16 pay the assessment against the township shall not be levied
17 against property assessable in the village.
18
CHAPTER 21 .
19 INTERCOUNTY
DRAINS ; AND PUBLIC CORPORATIONS .
20 Sec. 513. (1)
Before filing a petition under this section,
21 the legislative body
of a public corporation shall first
22 determine whether the
drain project contemplated may necessitate
23 the levy of a special
assessment, fee, or charge under section
24 539. If the
legislative body determines that a special
25 assessment, fee, or
charge may be made under section 539, before
26 filing a petition
under this section, the legislative body shall
27 proceed as prescribed
in section 538a.
1 (1) (2) If
it is necessary for the public health to locate,
2 establish, and
construct an intercounty drain, a petition for
3 that purpose may be
filed with the director of the department of
4 agriculture signed by
2 or more public corporations which will be
5 subject to assessments
to pay the cost of the drain. To
initiate
6 the establishment of a drainage district and establishment and
7 the construction of a county drain that is necessary for the
8 public health or the maintenance and improvement of such a drain,
9 1 or more cities, villages, or townships that will be subject to
10 assessment to pay the cost of the drain may file a petition with
11 the director of agriculture as provided in section 14, and the
12 drain commissioner of the counties where the cities, villages, or
13 townships are located. The petition shall state that it is filed
14 pursuant to this chapter,
and shall describe the location and
15 route of the proposed
drain sufficiently to determine with
16 reasonable certainty
the areas to be serviced by the drain.
17 request the establishment of a drainage district and the
18 establishment and construction of a drain, and set forth the
19 reasons for the request. The petition may propose a location and
20 route for the drain.
21 (3) Not more than
20 days after the petition is filed, the
22 director of the
department of agriculture shall notify all public
23 corporations in which
any of the areas to be drained are located,
24 as described in the
petition, that a petition has been filed
25 which may affect
drainage in the public corporation.
26 (2) (4) A
certified copy of the resolution of the governing
27 body of each signer
authorizing the affixing of the signature of
1 the governing body to
the petition shall be attached to the
2 petition. The
petition may be filed in more than 1 counterpart.
3 For a petition filed
by a county, the county board of
4 commissioners shall
authorize the execution, and for a petition
5 filed by the state,
the state transportation commission shall
6 authorize the
execution of the petition. The
petition may be
7 filed in more than 1 counterpart. As provided in section 423, an
8 order of determination of
the water resources commission
9 department of environmental quality shall also serve as a
10 petition made pursuant to this chapter.
11 (3) Not more than 28 days after the petition is filed, the
12 director of agriculture shall notify each public corporation
13 which may be subject to an assessment or in which is located any
14 of the areas to be drained, as described in the petition, that a
15 petition was filed.
16 Sec. 515. There is created for each project petitioned for
17 under the provisions
of this chapter, an augmented drainage
18 board to consist of the members of the drainage board together
19 with the chairman chairperson
of the county board of
20 supervisors commissioners or a member of the county board of
21 commissioners designated by that chairperson and the chairman
22 chairperson of the board of county auditors of each county
23 involved. If there is no
board of county auditors in any a
24 county, then the chairman
chairperson of the finance committee
25 of the county board
of supervisors shall act as a member of the
26 augmented drainage
board, and if commissioners or a
member of
27 the county board of commissioners designated by that chairperson
1 shall be a member of the augmented drainage board if there is
2 neither a board of county auditors nor a finance committee, then
3 the chairman chairperson
of the county board of supervisors
4 commissioners shall select 1 member of the county board of
5 supervisors commissioners of his or her county to
act as a
6 member of the augmented
drainage board. The chairman the
7 chairperson and secretary of the drainage board shall act as
8 chairman chairperson and secretary, respectively, of
the
9 augmented drainage
board. The chairman chairperson of the
10 county board of supervisors
commissioners and any member of a
11 the county board of supervisors
commissioners, serving on the
12 augmented drainage board,
shall receive such compensation,
13 mileage, and
expenses, as shall be provided by the augmented
14 drainage board except
that such compensation shall not exceed
15 $25.00 per diem
exclusive of mileage and expenses for attendance
16 at augmented drainage
board meetings which shall be
determined
17 as provided in section 52 for members of a board of
18 determination.
19 Sec. 517. Upon
receipt of a petition as hereinbefore
20 provided under this chapter, the director of
agriculture shall
21 make a preliminary finding of the counties which, in his or her
22 opinion, include public corporations that should be assessed
23 under the provisions
of this chapter for the cost of the
24 proposed drain. Upon
the making of such preliminary finding,
25 the The director of agriculture shall then
give notice of the
26 time and place of the first meeting of the drainage board and of
27 the first meeting of the augmented drainage board, by sending a
1 copy of such the
notice and of such the preliminary finding
2 by registered first-class
mail to each member thereof, and to
3 each highway agency roadway
authority having jurisdiction over
4 any highway, road and
street in said roadway in the district.
5 , which The notice and finding shall be mailed not
less than
6 10 14 days prior to before the time
date of the meeting.
7 In the event If there be is no board of
county auditors or
8 finance committee in any
the county, involved, then notice to
9 the chairman chairperson
of the county board of supervisors
10 commissioners of such
the county shall be deemed to be serve
11 as notice to the member
of the county board of supervisors
12 commissioners to be
selected by him the chairperson under
13 section 515. The
drainage board shall meet first , for the
14 purpose of selecting to select a secretary. Upon the selection
15 of a secretary, the director of agriculture shall turn over to
16 such the secretary the original petition and any
other records
17 in his or her office pertaining to the proposed drain.
18 Sec. 518. (1) Meetings of the drainage board, or of the
19 augmented drainage board, may be called by the chairperson or 2
20 members of the board.
, on notice sent by registered mail to
21 each member. The
notice shall be mailed not less than 10 days
22 before the time of the
meeting. Notice of the meeting
shall be
23 given as provided in section 8.
24 (2) A majority
of the members of the board shall constitute
25 a quorum for the transaction of business, but a lesser number may
26 adjourn from time to time. A meeting may be adjourned from time
27 to time. Unless otherwise provided herein, an action shall not
1 be taken by either of the boards except by a majority vote of a
2 quorum of its members.
3 (3) All orders issued by either the drainage board, or the
4 augmented drainage board, shall be signed by the chairperson and
5 secretary.
6 Sec. 519. (1) The augmented drainage board, at its first
7 meeting, shall consider the petition for the project under this
8 chapter and make a tentative determination as to the sufficiency
9 of the petition and the
practicability of the proposed drain
10 project, and further make a tentative determination of the public
11 corporations to be assessed. The augmented drainage board shall
12 give a name to the drain and to the drainage district. The
13 district shall be
composed of the public corporations cities,
14 villages, and townships to be assessed for the cost of the
15 project.
16 (2) If the augmented drainage board, by resolution,
17 tentatively determines that there should be assessed a public
18 corporation in a county other
than those contained not in the
19 tentative findings of the
director of the department of
20 agriculture, further proceedings shall not be taken by the
21 augmented drainage board, but the resolution shall have the
22 effect of amending the preliminary finding of the director of
23 the department of agriculture. The director of the department
24 of agriculture shall proceed, as in the first instance,
to call
25 a new meeting of the drainage board and the augmented drainage
26 board as enlarged by reason of the inclusion of the additional
27 public corporations in another county.
1 (3) After the augmented drainage board has made the
2 determination
specified in this section tentative
determination
3 of the sufficiency of the petition and the practicability of the
4 proposed drain, it shall fix a time, date, and place it will meet
5 to hear objections to the proposed drain and the petition for the
6 drain, and to the matter of assessing the cost of the drain to
7 the designated public corporations. Notice of the hearing shall
8 be published twice in
each county involved by inserting the
9 notice in at least 1
newspaper published in the county,
10 designated by the
augmented drainage board. The first
11 publication shall be
made not less than 20 days before the time
12 of hearing. The
notice shall also be sent by registered mail to
13 the clerk or secretary
of each public corporation proposed to be
14 assessed, except that
a notice to the state shall be sent to the
15 state highway director
and a notice to a county shall be sent to
16 both the county clerk
and the county road commission. The
17 mailing shall be made
not less than 20 days before the time of
18 hearing. The notice
shall be signed by the secretary and proof
19 of the publication and
mailing of the notice shall be filed with
20 the secretary. The
augmented drainage board may provide a form
21 to be substantially
followed in the giving of such notice given
22 as provided in section 8.
23 (4) After the hearing, the augmented drainage board shall
24 make a determination as to the sufficiency of the petition, the
25 practicability of the drain,
whether the drain should be
26 constructed project, whether the project is necessary and
27 conducive to public health, and, if so, the public corporations
1 to be assessed, and shall issue its order accordingly. The order
2 shall be known as the final order of determination. A public
3 corporation shall not be eliminated from, or added to, those
4 tentatively determined to be assessed without a rehearing after
5 notice given as provided in section 8.
6 (5) After the
augmented drainage board has made makes the
7 determinations, further action in respect to the drain shall be
8 taken by the drainage board. The augmented drainage board may be
9 reconvened by its chairperson or 2 members of the board, upon
10 notice given for the purpose of making a correction or addition
11 to its proceedings.
12 Sec. 519a. (1) After the drainage board enters the final
13 order of determination, the drainage board shall proceed in the
14 same manner as provided in section 467a.
15 (2) If, after the receipt of the plans, specifications,
16 estimate of cost, and descriptions of the lands or rights-of-way
17 needed for the proposed drain, the drainage board determines that
18 the project is not practical, the drainage board shall notify the
19 public corporations in the district by first-class mail of the
20 intent to reject the petition. The notice shall specify the
21 reasons for the proposed rejection. The notice shall also
22 specify a time, date, and place for a public hearing to hear
23 objections to the rejection of the petition. At the public
24 hearing, the drainage board shall elicit testimony and evidence
25 with regards to the proposed rejection. Following the receipt of
26 testimony, the drainage board shall determine whether or not the
27 petition should be rejected. If the rejection is determined to
1 be practical, the drainage board shall enter an order of
2 rejection and apportion all costs incurred to the district as if
3 the project had been built and the costs shall be subsequently
4 assessed and paid as provided in this chapter. A determination
5 to reject a petition does not limit the right to file another
6 petition.
7 Sec. 520. (1)
The drainage board shall proceed to secure
8 from a competent
engineer, plans, specifications, and an estimate
9 of cost of the
proposed drain, which when approved and adopted by
10 the board shall be
filed with the secretary thereof. In
11 approving the plans
and specifications, the drainage board shall
12 not be limited to the
route of the drain described in the
13 petition or the final
order of determination. The For
each
14 county affected, the drainage board shall tentatively establish
15 the percentage of the cost of the drain or of the several
16 sections or parts thereof which is to be borne by public
17 corporations. in
each county affected and by the state on
18 account of any state
highway, and by the county on account of any
19 county highway. The percentage of the cost apportioned to public
20 corporations in for
each county shall then be apportioned by
21 the drain commissioner among public corporations to be assessed
22 in the county, which determination shall be filed with the
23 secretary of the drainage board. In making the apportionments
24 hereunder, there
shall be taken into consideration the benefits
25 to accrue to each
public corporation and also the extent to which
26 each public
corporation contributes to the conditions which make
27 the drain necessary.
Apportionments against the state shall be
1 based upon the
benefits and contributions as related solely to
2 the drainage of state
highways, and those against the county
3 shall be based as
related solely to the drainage of its county
4 highways. to cities, villages, and townships, the drainage
board
5 shall consider the benefits to accrue to each city, village, or
6 township and also the extent to which each city, village, or
7 township contributes to the conditions that make the drain
8 necessary, subject to section 500. Apportionments against this
9 state or a county shall relate solely to state trunk line
10 highways or county roads, respectively. The apportionment of
11 benefits for state trunk line highways and the portion paid by
12 county road commissions for benefit to county roads must be paid
13 pursuant to section 14a of 1951 PA 51, MCL 247.664a. Before a
14 tentative apportionment shall
be is made, the drainage board
15 shall designate the area to be served by the drain project, which
16 may or may not include
all of the area in a public corporation
17 city, village, or township to be assessed, and may divide the
18 drain into sections or parts for purposes of apportionment or
19 construction. Nothing
herein contained shall prohibit a The
20 county from assuming
any may assume an additional cost of the
21 drain if by
the vote of 2/3 of the members elect of the county
22 board of commissioners.
vote in favor thereof.
23 (2) The apportionment shall apply only to the proposed drain
24 project, and separate concurrent maintenance apportionments for
25 the drain may be established. The apportionments for extensions
26 or other work subsequently performed under section 535 shall be
27 reestablished by the
board. When chapter 25 is employed in the
1 apportionment of
costs, the above
2 (3) The
proceedings shall in this section may be altered
3 and supplemented as provided in chapter 25.
4 Sec. 521. After
the tentative apportionments of cost have
5 been made, the
drainage board shall set a time, date, and place
6 it will meet and hear
objections to the apportionments. Notice
7 of the hearing shall
be published twice in each county involved
8 by inserting the
notice in at least 1 newspaper published in the
9 county, designated by
the drainage board. The first publication
10 is to be not less than
20 days before the time of hearing. The
11 notice shall also be
sent by registered mail to the clerk or
12 secretary of each
public corporation proposed to be assessed,
13 except that a notice
to the state shall be sent to the state
14 highway director and a
notice to a county shall be sent both to
15 the county clerk and
the county road commission. The mailing
16 shall be made not less
than 20 days before the time of hearing.
17 The notice shall be
signed by the secretary and proof of the
18 publication and
mailing of the notice shall be filed with the
19 secretary. The
drainage board may provide a form to be
20 substantially followed
in the giving of the notice. The notice
21 shall include tentative
apportionments to the several public
22 corporations. After
the hearing, the drainage board may confirm
23 the apportionments as
tentatively made, or, if it considers the
24 apportionments to be
inequitable, it shall readjust the
25 apportionments.
Before readjusted apportionments are confirmed,
26 the drainage board
shall set a time, date, and place for a
27 rehearing and shall
give notice of the hearing. The notice shall
1 also set forth the
apportionments as readjusted. It shall then
2 issue its order
setting forth the several apportionments as
3 confirmed. The order
shall be known as the final order of
4 apportionment The intercounty drainage board or a public
5 corporation has the same powers and duties with respect to an
6 intercounty drain under this chapter as the county drainage board
7 or a public corporation, respectively, under section 469.
8 Sec. 524. The drainage board shall designate the treasurer
9 of 1 of the counties
involved as the treasurer for said board.
10 He the drainage district. The treasurer may
designate 1 or more
11 of his or her
deputies who may to act for him the treasurer
12 in the performance of any of his or her duties under this
13 section. Such The
treasurer and any such deputy shall serve
14 without additional
compensation. He The treasurer and each
15 deputy county treasurer so designated shall furnish a bond in
16 such sum as shall be
fixed the amount specified by
the drainage
17 board, conditioned upon the faithful discharge of his or her
18 duties. , the
premium thereon to The premium on the bond shall
19 be paid by the drainage
board. Moneys Money held by the
20 treasurer shall be paid out only upon order of the drainage
21 board, except that no
such order shall be an order is not
22 required for the payment of principal and interest on bonds.
23 Sec. 525. (1)
After the confirmation of the apportionments
24 by the drainage board,
the secretary of the board shall prepare a
25 special assessment
roll assessing the estimated cost of the
26 drain, or if the
actual cost has been ascertained, then the
27 actual cost, against
the several public corporations in
1 accordance with the
confirmed apportionments. The drainage board
2 may provide for the
payment of the special assessments in any
3 number of annual
installments, not exceeding 30, but an
4 installment shall not
be less than 1/4 of any subsequent
5 installment.
Installments of assessments against the state and
6 against public
corporations which collect their taxes beginning
7 approximately December
1 in each year shall become due and
8 payable on or before
April 1 of each year. Installments of
9 assessments against
other public corporations shall become due
10 and payable on or
before the dates as shall be fixed by the
11 drainage board,
depending upon the times of the collection of
12 taxes by the public
corporations. The drainage board shall fix
13 the commencement date
of interest to be paid upon unpaid
14 installments, not to
exceed an amount sufficient to pay interest
15 on bonds or other
evidences of indebtedness issued or to be
16 issued by the drainage
district, which interest shall become due
17 annually on the day
and month upon which the annual installments
18 become due but may
become due in years before the due date of the
19 first installment.
The drainage board may provide for the
20 payment of
installments in advance of their respective due dates
21 and may prescribe the
terms and conditions of payment. The
22 drainage board shall
fix the date, not later than 4 years after
23 confirmation for the
payment of the first installment so that
24 each public
corporation can make a tax levy for the payment
25 thereof and subsequent
installments shall become due annually on
26 the same day and month
of subsequent years. A city or village
27 may elect to spread
the tax levy upon the county tax roll instead
1 of the city or village
tax roll. When chapter 25 is employed in
2 the apportionment of
costs, the above proceedings shall be
3 altered and
supplemented as provided in chapter 25. The
drainage
4 board and the chairperson of the drainage board shall proceed in
5 the manner provided in section 473.
6 (2) After the chairperson of the drainage board prepares the
7 special assessment schedule, the chairperson shall present the
8 schedule to the drainage board for approval. If the drainage
9 board approves the special assessment schedule, the chairperson
10 of the drainage board shall affix to the schedule a statement to
11 that effect signed by the chairperson and secretary of the
12 drainage board. The chairperson of the drainage board shall then
13 certify to each public corporation assessed the assessment
14 information in the assessment schedule.
15 (3) Each year, at least 28 days before the time of the
16 levying of taxes by each public corporation, the secretary of the
17 drainage board shall notify the public corporation of the amount
18 of the installment and interest next becoming due, but the
19 failure to notify a public corporation shall not excuse it from
20 making payment of the installment and interest.
21 (4) On or before the due date of an installment, each public
22 corporation shall pay to its county treasurer the full amount
23 thereof, together with interest accruing to the due date. Not
24 more than 14 days after a public corporation pays a special
25 assessment installment to its county treasurer, the county
26 treasurer shall forward to the drainage board the amount paid.
27 (5) The intercounty drainage board, an officer of an
1 intercounty drainage board, a public corporation, or any other
2 person shall proceed in the same manner with respect to an
3 intercounty drain under this chapter as provided under sections
4 473, 474a to 479, 483 to 485, 490, 491, and 500 except as
5 follows:
6 (a) The period under section 483 to file a complaint for
7 superintending control for an error in proceedings occurring
8 before or in the final order of determination shall begin when
9 the final order is filed in the office of the secretary of the
10 intercounty drainage board.
11 (b) A petition under section 491 for assumption of
12 jurisdiction by an intercounty drainage board shall otherwise
13 meet the requirements of this chapter.
14 Sec. 532. Any An
action arising from the provisions of
15 this chapter except
such actions as may be brought directly in
16 the supreme court may be brought in the circuit court of any a
17 county in which any a
part of the intercounty drain involved
18 is located: Provided,
That on request by any party to said
19 action made prior to
the time said action is instituted, or
20 within 30 days after
receipt of service of process, the presiding
21 circuit judge of
Michigan shall appoint a circuit judge to hear
22 said action drainage district is located, subject to the
23 Michigan rules of court.
24 Sec. 540. When If
2 or more public corporations,
25 constituting as a whole contiguous territory, are served by 1 or
26 more intercounty drains or by a combination of 1 or more
27 intercounty drains and 1 or more county drains, and it is
1 necessary for the public health to supplement such existing drain
2 or drains by constructing 1 or more relief drains, which may
3 consist of new drains and branches and connections thereto or
4 extensions,
enlargements, branches, connections or improvements
5 described in section
535 to improvements to or
consolidations of
6 existing drains, or any combination thereof, then the entire
7 project may be constructed and financed as a whole under the
8 provisions of this
chapter and the word "drain" shall be deemed
9 to include includes such a project.
10 Sec. 541. (1) A petition otherwise meeting the requirements
11 of this chapter as to
petitioners, execution and filing may
12 request, for reasons of public health, that jurisdiction be
13 assumed over all or a specified part of the bed, tributaries,
14 banks, and flood
plains floodplains of a river, creek, or
15 watercourse, not part of an established drain. The petition
16 shall describe the existing or threatened conditions which cause
17 or increase the danger of
flooding, pollution, desecration
18 damage, or obstruction of such river, creek, or watercourse, and
19 shall specify, in general terms, the works, property acquisition,
20 actions, or
procedures, deemed considered necessary to remove
21 or lessen such danger.
22 (2) The petitioners named in a petition under subsection (1)
23 shall include in the petition an agreement to pay, or accompany
24 the petition with a deposit in the amount of, the estimated cost
25 of the planning and engineering required to describe all of the
26 following:
27 (a) In recordable form the bed, tributaries, banks, and
1 floodplains of the river, creek, or watercourse over which
2 jurisdiction is necessary and is to be assumed under the
3 petition.
4 (b) The work to be done under the petition.
5 (c) The property to be acquired under the petition.
6 (3) Upon the filing of the petition with the agreement or
7 deposit to pay costs, the drainage board shall proceed as
8 described in sections 517 and 519. The description shall be
9 obtained and approved and adopted by the drainage board. The
10 drainage board shall hold a hearing to hear objections to the
11 assumption of such jurisdiction, to the petition therefor and to
12 the proposed work or property acquisition shall be held as
13 provided for other drain projects pursuant to this chapter.
14 Notice of the hearing shall contain the description as approved
15 and adopted by the drainage board.
16 (4) After the hearing, the drainage board shall determine
17 whether or not it will assume such jurisdiction and perform the
18 work proposed, if any, and shall issue its order accordingly.
19 The order shall be known as the "final order of determination".
20 The final order of determination shall contain the description of
21 the bed, tributaries, banks, and floodplains of the river, creek,
22 or watercourse over which jurisdiction has been assumed and shall
23 be recorded in the county records in the county in which any part
24 thereof is located. After the final order of determination is
25 recorded, no constructing, excavating, land filling, removing of
26 structures or vegetation, dumping, or discharging of sewers or
27 drains shall be permitted or continued in the bed, tributaries,
1 banks, or floodplains of the river, creek, or watercourse within
2 the recorded description thereof, except upon written order or
3 permit issued by the drainage board.
4 (5) The recording of the description does not appropriate,
5 terminate, or lessen any private rights in property, real or
6 personal, except property acquired under section 7. The
7 recording of the description constitutes a regulation and
8 limitation, for reasons of public health, of the use of the
9 public and private property therein described to remove or lessen
10 the danger of flooding, pollution, damage, or obstruction of the
11 river, creek, or watercourse, or part thereof, involved.
12 (6) Before any work, other than preparation of the
13 description and the approval, adoption, and recording of the
14 description, is done or rights in property are acquired by the
15 drainage board, pursuant to a petition filed under
16 subsection (1), the drainage board shall make a determination,
17 following notice and a hearing as provided in this chapter, as to
18 the public corporations to be assessed for the cost of the work
19 or acquisition. The hearing may be the hearing provided for in
20 subsection (2). After the hearing and the determination to
21 proceed with the work, the drainage board shall proceed in the
22 same manner and have the same powers and duties as are provided
23 for other drain projects in this chapter.
24
CHAPTER 22 .
25 WATER
WATERSHED MANAGEMENT .
26 DISTRICTS
AND SUBDISTRICTS.
27 Sec. 585. As used in this chapter, unless the context
1 indicates otherwise:
2 (a) "Advisory board" means the watershed advisory board of a
3 district established under section 592.
4 (b) "Benefit" or "benefits" means the advantages resulting
5 from a plan or project to public corporations, the residents of
6 public corporations, and property within public corporations.
7 Benefits include, but are not limited to, benefits that result
8 from the management and control of water, such as elimination or
9 reduction of flood damage, elimination or reduction of water
10 quality conditions that jeopardize the public health, safety, or
11 welfare, increase of the value or use of lands and property
12 arising from improved water quality, increased usefulness of the
13 water for agricultural or recreational uses, reduction of
14 flooding, improved drainage, and remedying a public corporation's
15 contributions to the conditions that make a plan necessary.
16 (c) "Commission" means the watershed management commission
17 of a district.
18 (d) "District", unless the context clearly indicates
19 otherwise, means a watershed management district.
20 (e) "Executive committee" means the watershed management
21 district executive committee established under section 591.
22 (f) "Petition filer" means the person who filed a petition
23 under section 586 to initiate procedures to establish a
24 district.
25 (g) "Plan" means a watershed management plan adopted under
26 section 595.
27 (h) "Project" means an activity set forth in the watershed
1 management plan.
2 (i) "Public corporation" means a county, township, city, or
3 village.
4 (j) "Study" or "watershed study" means the process by which
5 the objectives of the petition or objectives identified by the
6 commission are investigated and resolved, setting forth the
7 watershed management plan.
8 (k) "Watershed" means a geographic area of any size from
9 which water seeks a common outlet, including, but not limited to,
10 a creekshed, catchment area, drainage basin, drainage district,
11 or river basin.
12 Sec. 586. (1) To initiate procedures to establish a
13 watershed management district and develop a watershed management
14 plan, a petition shall be filed with the county board of
15 commissioners in a county where all or a portion of the proposed
16 watershed management district is to be located and established.
17 (2) The petition shall state that it is filed under this
18 chapter, request the establishment of a district, state the
19 proposed name of the district, and provide information showing
20 that the district is warranted to protect the public health or
21 welfare or to protect and rehabilitate the waters of the
22 district. The petition shall identify the common outlet for the
23 proposed district. The petition shall include a general
24 description of the location of the proposed district which may
25 consist of a map generally outlining the boundaries of the
26 proposed district. The petition shall also request the
27 development of a watershed management plan and identify the
1 objectives to be investigated. The petition may specify persons
2 or entities that should be considered for membership on any
3 appointed watershed advisory board.
4 (3) A petition for the establishment of a district shall be
5 signed by 1 of the following, as applicable:
6 (a) For a district lying wholly within the boundaries of 1
7 county, by a resolution of the governing body of at least 1
8 public corporation lying wholly or partly within that county and
9 wholly or partly within the district.
10 (b) For a district lying wholly or partly within 2 or more
11 counties, by resolutions of the governing bodies of at least 2
12 public corporations lying wholly or partly within those counties
13 and whollly or partly within the district.
14 Sec. 587. The petition filer shall also file with the board
15 of county commissioners a cash deposit sufficient to pay the
16 costs, as determined by the county board of commissioners, of
17 notice upon each affected public corporation, publication of
18 notice for the first meeting of the commission, and publication
19 of the first hearing. Any unused funds from the deposit shall be
20 returned to the person filing the petition. If a district is
21 established, the balance of the deposit shall be considered a
22 cost of the watershed management district, shall be collected in
23 the first assessment, and shall be returned to the petitioner
24 upon collection of the first assessment.
25 Sec. 588. (1) Within 42 days following receipt of the
26 petition, the county board of commissioners shall review the
27 petition for sufficiency under section 586. If the petition is
1 insufficient under section 586, the county board of commissioners
2 shall return the petition to the filer of the petition with a
3 written explanation of the reasons that the petition is
4 insufficient.
5 (2) If the county board of commissioners finds that the
6 petition is sufficient, a watershed management commission is
7 established for the proposed district. The commission consists
8 of the following members:
9 (a) The drain commissioner of each county within the
10 district.
11 (b) The chief elected official or an elected official
12 designated by the chief elected official of each public
13 corporation with lands within the district.
14 (c) The director of the department of environmental quality
15 or a person designated by the director as a nonvoting member.
16 (d) The director of the department of natural resources or a
17 person designated by the director as a nonvoting member.
18 (e) Unless the district lies wholly within the boundaries of
19 1 county, the director of the department of agriculture or a
20 person designated by the director.
21 (3) Within 28 days of determining that the petition is
22 sufficient, the county board of commissioners shall do both of
23 the following:
24 (a) Make a preliminary finding of the public corporations
25 subject to assessment under this chapter.
26 (b) By first-class mail provide notice of the first meeting
27 of the watershed management commission to all of the following:
1 (i) The county clerk, drain commissioner, and chairperson of
2 each county road commission of each county subject to assessment
3 under this chapter.
4 (ii) The chairperson of each soil conservation district
5 within the proposed watershed management district.
6 (iii) The clerk of each city, village, and township having
7 lands within the proposed district.
8 (iv) The director of the department of agriculture.
9 (v) The director of the department of environmental
10 quality.
11 (vi) The director of the department of natural resources.
12 (vii) The director of transportation.
13 (viii) The chairperson of any watershed council established
14 under part 311 of the natural resources and environmental
15 protection act, 1994 PA 451, MCL 324.31101 to 324.31119, whose
16 watershed lies wholly or partly within the district.
17 (4) The notice shall include a copy of the petition and
18 shall request each notified public corporation to designate a
19 representative to the commission and state the time and place of
20 the first meeting which shall be not less than 42 and not more
21 than 63 days following the mailing of the notice. Failure of the
22 governing body of any public corporation entitled representation
23 to designate a member to the commission does not prevent the
24 inclusion of the public corporation in the watershed management
25 district or exempt it from assessment or other obligations under
26 this chapter.
27 (5) The county board of commissioners with whom the petition
1 was filed shall also publish a notice of the first meeting of the
2 commission in a newspaper of general circulation in the proposed
3 district.
4 (6) Each county board of commissioners whose county lies
5 wholly or partly within the boundaries of the district shall by
6 first-class mail deliver a copy of the notice under subsection
7 (4) to any interested party that has made a written request to be
8 notified regarding watershed management district petitions.
9 Sec. 589. (1) At the first meeting of the commission, the
10 commission shall elect a chairperson, vice-chairperson, and
11 secretary from among its members. The chairperson of the
12 commission may vote only if necessary to cast the deciding vote
13 in case of a tie.
14 (2) At its first meeting, the commission shall establish the
15 voting authority of its voting members. The voting authority of
16 members described in section 588(2)(b) shall be weighted. The
17 weighting shall be based upon a combination of the percentage of
18 total population of the proposed district that resides in the
19 public corporation represented by each member and the percentage
20 of the total acreage in the proposed district that lies in the
21 public corporation represented by each member. The commission
22 shall adjust the voting authority, if necessary, upon the
23 commission's final determination of the district boundary.
24 (3) The commission shall designate the drain commissioner of
25 1 of the counties in the district to serve as treasurer of the
26 district. Money held by the district's treasurer shall only be
27 paid out upon the order of the commission except for the payment
1 of principal and interest on notes or bonds. The commission
2 shall cause the accounts of the district's treasurer to be
3 audited annually by a certified public accountant. The expense
4 of the audit shall be paid by the watershed management district.
5 The district's treasurer shall invest the funds as directed by
6 the commission. Unless the commission directs otherwise, the
7 funds shall be invested in interest bearing accounts in the name
8 of the district.
9 (4) The commission shall adopt rules of district procedures
10 or bylaws not inconsistent with this chapter.
11 (5) The business that the commission, the executive
12 committee, if any, or the advisory board may perform shall be
13 conducted at a public meeting of the commission, the executive
14 committee, if any, or the advisory board held in compliance with
15 the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
16 (6) A meeting of the commission shall be called by the
17 chairperson or 2 or more members of the commission by sending
18 notice of the meeting by first-class mail to each member not less
19 than 20 days before the date of the meeting. A majority of the
20 members shall constitute a quorum for the transaction of
21 business, but a lesser number may adjourn from time to time.
22 Unless otherwise provided in this act, an action shall not be
23 taken except by a majority vote of the members present and
24 voting.
25 (7) The commission shall meet at least once annually before
26 April 1. The first meeting of the commission each year shall be
27 considered its annual meeting. At its annual meeting, the
1 commission shall do all of the following:
2 (a) Appoint members of the watershed advisory board and
3 executive committee and such other committees as it considers
4 appropriate.
5 (b) Approve assessments for district operation and watershed
6 management plan implementation.
7 (c) Approve an annual work plan and annual budget for the
8 district for the ensuing year, and conduct other business.
9 (d) Issue an annual report stating progress toward the
10 petition.
11 (e) Conduct other business.
12 (8) A copy of the annual report and budget shall be
13 prepared, published, and provided to all public corporations in
14 the district, the department of agriculture, the department of
15 environmental quality, and the department of natural resources.
16 (9) Orders issued by the commission shall be signed by the
17 chairperson and the secretary.
18 (10) The secretary shall prepare and sign 3 duplicate
19 originals of the minutes of the proceedings of the body. The
20 secretary shall retain 1 duplicate original, file 1 duplicate
21 original with the chairperson, and file 1 duplicate original with
22 the director of the department of agriculture. The originals of
23 all proceedings and records shall be kept on file with the
24 secretary.
25 (11) A writing prepared, owned, used, in the possession of,
26 or retained by the commission in the performance of an official
27 function is subject to the freedom of information act, 1976 PA
1 442, MCL 15.231 to 15.246.
2 Sec. 590. (1) At the first meeting, the commission shall
3 tentatively determine the practicality of the petition and
4 whether a district is warranted to protect the public health or
5 welfare or to protect and rehabilitate the waters of the
6 district. If the commission determines that the petition is not
7 practical, the commission may return the petition to the petition
8 filer for supplementation and refinement. If such refinement
9 results in the inclusion of additional public corporations which
10 are entitled to designate a member of the commission, the
11 commission shall notify the clerk of such public corporation of
12 the time and place to reconvene the commission. If the
13 commission at any time determines that the district is not
14 warranted to protect the public health or welfare or to protect
15 and rehabilitate the waters of the district, it shall order the
16 petition dismissed and proceedings under the petition shall be
17 terminated. If a petition is so dismissed, a petition that is
18 the same or substantially the same shall not be filed under this
19 chapter for 1 year after the date of dismissal.
20 (2) If the commission tentatively finds that the petition is
21 practical and that the watershed management district is warranted
22 to protect the public health or welfare or to protect and
23 rehabilitate the waters of the district, it shall promptly select
24 a name for the district and make a tentative determination of the
25 public corporations to be assessed for the cost, and fix a time,
26 date, and place to hear objections to the establishment of the
27 district and public corporations subject to assessment. The
1 hearing shall take place within 42 days of the tentative
2 determination of the public corporations to be assessed. Notice
3 of the hearing shall be published twice by inserting the notice
4 in a newspaper of general circulation in the district. The
5 publication shall not be less than 21 days before the date of the
6 hearing. The notice shall also be sent by first-class mail to
7 the clerk of each public corporation proposed to be assessed not
8 less than 21 days before the date of the hearing. The notice
9 shall be signed by the chairperson and proof of the publication
10 and mailing of the notice shall be filed in his or her office.
11 The proof will be conclusive of the publication and mailing. The
12 commission may provide a form to be substantially followed in
13 giving of notice.
14 (3) After the hearing, the commission shall determine whether
15 the petition is practical and the district is warranted to
16 protect the public health or welfare or to protect and
17 rehabilitate the waters of the district and, if so, the public
18 corporations to be assessed. The commission shall issue its
19 order accordingly. The order shall set forth the voting
20 authority of the voting members of the commission. The order
21 shall be known as the order designating the watershed management
22 district. A public corporation shall not be eliminated from or
23 added to those tentatively determined to be assessed without a
24 rehearing after notice. The commission shall publish notice of
25 the order designating the district by publishing in a newspaper
26 of general circulation in the district. The notice shall give a
27 general description of the common outlet and the location of the
1 district as shown by the order. In addition, the commission
2 shall serve a copy of the order by first-class mail on the clerks
3 of each public corporation within the district, the director of
4 agriculture, the director of the department of environmental
5 quality, the director of the department of natural resources, and
6 the secretary of each soil conservation district within the
7 proposed district.
8 (4) Any public corporation aggrieved by the decision of the
9 commission may file an appeal in the circuit court for the
10 circuit court circuit where that public corporation is located
11 within 28 days.
12 Sec. 591. (1) The commission shall function as the
13 governing body of the district. Actions taken by the commission
14 shall be taken in the name of the district.
15 (2) After the commission issues its order designating the
16 district, it may appoint a watershed management district
17 executive committee. Only members of the commission are eligible
18 to be members of the executive committee. The members of the
19 executive committee shall be elected by a vote of the majority of
20 the members of the commission. However, the drain commissioner
21 serving on the commission shall be a member of the executive
22 committee.
23 (3) The executive committee shall perform administrative and
24 ministerial duties as directed by the commission and outlined in
25 its bylaws. The executive committee's duties may include conduct
26 of meetings and public hearings for purposes of recommending a
27 watershed management plan and recommending implementation of the
1 plan. The executive committee may prepare and make
2 recommendations as to the apportionment of costs and the review
3 of expenditures. However, the adoption of the final plan,
4 implementation of the plan, final apportionment of costs,
5 adoption of an annual budget, and authorization of assessments
6 shall be approved by the majority of the commission.
7 Sec. 592. (1) After the issuance of the order designating
8 the district, the commission shall develop the tentative scope of
9 the watershed study which shall guide the development of the
10 watershed management plan.
11 (2) The commission shall appoint a watershed management
12 district advisory board. The commission shall invite the
13 department of natural resources, the department of environmental
14 quality, the state transportation department, and any watershed
15 council established under part 311 of the natural resources and
16 environmental protection act, 1994 PA 451, MCL 324.31101 to
17 324.31119, soil conservation district, or board of county road
18 commissioners whose watershed, conservation district, or county
19 lies wholly or partly within the watershed management district to
20 appoint a representative to the advisory board. The commission
21 may consider as members of the advisory board those persons or
22 entities which were specified as part of the petition, and any
23 other person or entity with an interest in the district,
24 including, but not limited to, federal, state, county, and
25 municipal agencies, regional planning agencies, property owners,
26 and interest groups. It is intended that the advisory board
27 include members who will represent a balance of the interests
1 existing in the district.
2 (3) At its first meeting, the advisory board shall elect a
3 chairperson and secretary. Minutes shall be kept at all
4 meetings, and records of all proceedings and recommendations of
5 the advisory board shall be filed in the office of the
6 chairperson of the commission.
7 (4) The watershed management commission shall appoint at
8 least 1 member of the commission to the advisory board. Once the
9 advisory board has been established, the commission shall
10 periodically review the membership based upon demographic
11 information of the watershed management district and revise the
12 membership as necessary to ensure a balance of all interests in
13 the district.
14 (5) The advisory board, in conjunction with the commission or
15 its executive committee, or both, shall further define the scope
16 of the watershed study. The watershed study or the plan may
17 include 1 or more of the following:
18 (a) Preparation of plans.
19 (b) Problem assessment.
20 (c) Special studies.
21 (d) Water quality, water quantity monitoring, or biological
22 monitoring.
23 (e) Modeling.
24 (f) Data gathering.
25 (g) Education and education programs.
26 (h) Purchase of lands, acquisition of conservation or other
27 easements or rights-of-way, or purchase of development rights.
1 (i) Development of ordinances and regulatory programs
2 recommended for consideration by public corporations.
3 (j) Mapping.
4 (k) Publications.
5 (l) Testing.
6 (m) Hydrological engineering, analysis, and modeling.
7 (n) Development and drafting of recommended management
8 practices.
9 (o) Any other component considered appropriate by the
10 commission to accomplish the purpose of this chapter, other than
11 construction activities which constitute maintenance,
12 improvement, or construction of a drain or construction
13 activities within boundaries of the watercourse.
14 (6) The advisory board shall conduct public meetings to
15 gather input on the scope of the watershed study. The advisory
16 board shall prepare its recommendation for the scope of the
17 watershed study. The recommendation shall be forwarded to the
18 commission.
19 (7) Upon receipt of the advisory board's recommendation, the
20 commission shall convene to decide whether or not to tentatively
21 adopt the scope of the watershed study. The commission shall set
22 a time, date, and place to hear any objections to the proposed
23 scope of the watershed study.
24 Sec. 593. (1) After convening a meeting of the commission
25 to hear any objections to the proposed scope of the watershed
26 study and giving the objections due consideration, the commission
27 shall convene to finalize the scope of the watershed study, adopt
1 the scope of the watershed study, and tentatively apportion
2 benefits in a first order of determination.
3 (2) Interested parties may appeal the scope of the plan or
4 the apportionment of benefits to the circuit court in the county
5 where they reside within 21 days of the issuance of the first
6 order.
7 (3) The commission shall not proceed with the preparation of
8 the watershed study while any appeals are pending.
9 Sec. 594. (1) After any appeals have been resolved, the
10 commission shall authorize the advisory board to prepare the
11 scope of the watershed study. The commission shall establish
12 operating procedures for the advisory board to complete the
13 watershed study and develop the draft plan.
14 (2) After the first order of determination has been entered,
15 the commission may contract with persons to assist in the
16 completion of the watershed study and assist the advisory board
17 in the preparation of the draft plan. The commission may hire
18 employees and determine their compensation. An employee shall
19 not be a member of the commission or any advisory board.
20 (3) The advisory board shall obtain public input on the draft
21 plan through a public participation process that may include
22 public information meetings, news releases, and other
23 activities. As a minimum, the advisory board shall convene at
24 least 1 public hearing to solicit comments on the draft plan.
25 The advisory board shall give due consideration to any
26 recommendation submitted by landowners, public corporations, and
27 other interested parties.
1 (4) Promptly after completion of the scope of the watershed
2 study and preparation of a draft watershed management plan, the
3 advisory board shall submit its report and recommendations to the
4 commission.
5 Sec. 595. (1) After receipt of the written report and
6 recommendations from the advisory board, the chairperson of the
7 commission shall forward the report and recommendations to the
8 members of the commission and set the time, date, and place for a
9 meeting to decide whether or not to tentatively adopt the draft
10 plan. If the commission tentatively adopts the draft plan, the
11 chairperson of the commission shall give notice of the time,
12 date, and place of a public hearing to hear objections to the
13 draft plan and the proposed apportionment of costs of
14 implementation of the draft plan to the designated public
15 corporations. Notice of the hearing shall be published twice in
16 a newspaper of general circulation in the district. The first
17 publication shall be not less than 21 days before the date of the
18 hearing. Notice shall also be sent by first-class mail to the
19 clerk of each public corporation proposed to be assessed not less
20 than 21 days before the date of the hearing. The chairperson of
21 the commission shall sign and file in his or her office an
22 affidavit of the published and mailed notice. The affidavit is
23 conclusive proof of the publication or mailing of the notice.
24 (2) At the hearing, the commission shall receive testimony
25 and evidence as to the practicality of the draft plan. If the
26 commission feels that additional information is needed before a
27 draft plan can be adopted, it may adjourn as it deems necessary,
1 but an adjournment shall not be for longer than 63 days. After
2 the hearing, the commission by a majority vote shall make a
3 determination of the practicality of the draft plan, shall
4 establish the final apportionments to the public corporations to
5 be assessed, and shall enter orders thereof, which orders shall
6 be known as the final order of determination and final order of
7 apportionment, respectively. The orders shall be filed in the
8 office of the secretary of the commission.
9 (3) Apportionments of benefits under this chapter shall be
10 based upon benefits to the public corporations to be assessed,
11 the extent to which the public corporation contributes to the
12 conditions that make a plan necessary and derives special benefit
13 directly related to actions proposed by the plan, and whether a
14 public corporation or owners of land in the public corporation
15 specifically requested a provision of the plan.
16 Sec. 596. If the plan as set forth in the final order of
17 determination proposes the establishment, construction,
18 maintenance, or improvement of a county or intercounty drain, the
19 establishment, construction, maintenance, or improvement shall be
20 implemented pursuant to the appropriate provisions of this act
21 and be subject to the jurisdiction of the respective drain
22 commissioner or drainage board. The commission may petition for
23 work outlined in the plan, but only pursuant to chapters 20 and
24 21.
25 Sec. 597. The commission shall at least every 5 years
26 review and reevaluate the plan and its implementation. In doing,
27 the commission shall seek the input and recommendations of the
1 advisory board. The commission may receive a petition to
2 supplement, amend, or expand the plan. If such a petition is
3 received, the commission shall proceed consistent with this
4 chapter from the point in the proceedings immediately following
5 the order designating the district.
6 Sec. 598. Public corporations may advance funds for the
7 payment of any part of the costs incurred by a district and shall
8 be repaid by the district when funds are available. Before the
9 issuance of bonds, the commission may assess preliminary costs in
10 an equitable manner against public corporations in the district
11 and collect the assessed costs. The costs of all of the
12 following are subject to assessment:
13 (a) Establishing the district.
14 (b) Development of the scope of the watershed study.
15 (c) Administrative staff, office, and other expenses of the
16 commission and advisory board.
17 (d) Implementation of the plan.
18 (e) Acquiring interest in lands.
19 (f) Engineering, legal, consultant, and other professional
20 fees.
21 (g) Service and publication of all notices.
22 (h) Interest on all bonds or notes for the first year they
23 are to be issued and all payments and interest on bonds or notes
24 issued before the assessment.
25 (i) Other items identified and allocated in the finally
26 approved annual budget.
27 (j) Possible contingent expenses, in an amount not exceeding
1 10% of the other costs which are to be assessed against public
2 corporations.
3 Sec. 599. (1) Any action arising from this chapter may be
4 brought in the circuit court of any county in which any part of
5 the district involved is located.
6 (2) Neither the final order of determination nor the final
7 order of apportionment is subject to attack in any court except
8 by proceedings and superintending control brought within 28 days
9 after the filing of such order in the office of the secretary of
10 the commission. Unless successfully challenged in proceedings
11 brought within this time, the district is legally established and
12 the legality of the plan and the assessments shall not be
13 questioned in any suit at law or equity.
14 (3) Subsection (2) does not apply unless all notices given
15 under this chapter contain a copy of subsection (2).
16 Sec. 600. (1) The commission, its advisory board, or an
17 executive committee is not authorized to perform a duty,
18 specifically delegated to a drain commissioner or drainage board
19 under this act.
20 (2) The commission, its advisory board, or an executive
21 committee is not governed by the procedural or other provisions
22 contained in this act other than this chapter except as otherwise
23 specified. However, if not contrary to the expressed provisions
24 of this chapter, any provision or provisions in other chapters of
25 this act may be incorporated by recital or by references into any
26 order or resolution of the commission.
27 CHAPTER
23.
1
PENALTIES.
2 Sec. 601. If any
commissioner is interested directly or
3 indirectly in the
profits of any contract, job, work or services,
4 other than official
services, to be performed for the drainage
5 district, he is deemed
to be guilty of a misdemeanor, and the
6 office of such
commissioner shall be deemed vacant and the
7 commissioner so
convicted shall be incapable of again holding the
8 office of county drain
commissioner. Any assessments
made under
9 this chapter do not constitute indebtedness of a public
10 corporation for purposes of any charter, statutory, or
11 constitutional debt limitation. Taxes levied by a public
12 corporation for the payment of such assessments are not within a
13 statutory or charter tax limitation.
14 Sec. 602. If any
person shall wilfully or maliciously
15 remove any section or
grade stake set along the line of any
16 drain, or obstruct or
injure any drain, he shall be deemed guilty
17 of a misdemeanor, and
upon conviction thereof shall be punished
18 by a fine not
exceeding $100.00 and the costs of prosecution, or
19 in default of the
payment thereof, by imprisonment in the county
20 jail not exceeding 90
days. The commission may acquire
the
21 necessary lands or rights-of-way as identified in the plan. Such
22 acquisition shall be by negotiated purchase or release, or by
23 gift or grant.
24 Sec. 603. (1) The commission may enter a contract with any
25 federal agency under which the federal agency will pay the whole
26 or any part of the cost of the plan or will perform the whole or
27 any part of the work connected with the plan.
1 (2) The commission may also contract with any private or
2 public corporation in respect to any matter connected with the
3 plan. Such contract with a public corporation may provide that
4 any payments made or work done by the public corporation shall be
5 in lieu of all or part of the assessments for the cost of the
6 plan.
7 Sec. 604. After the confirmation of the apportionment, the
8 commission shall direct the secretary of the commission to
9 prepare a special assessment roll assessing the estimated cost of
10 the plan, or if the actual cost has been ascertained, the actual
11 cost against the public corporations in accordance with the
12 confirmed apportionments. The commission may provide for the
13 payment of the special assessments in any number of approximately
14 equal annual installments, not exceeding 20. Installments of
15 assessments against the state and against public corporations
16 which collect their taxes beginning approximately December 1 in
17 each year are due by April 1 of each year. Installments of
18 assessments against public corporations are due by the date or
19 dates fixed by the commission depending on the time or times for
20 the collection of taxes by the public corporations. The
21 commission shall fix the rate of interest to be paid upon unpaid
22 installments at not more than 6%. Interest is due annually on
23 the day and month upon which the annual installments are due.
24 Any installment or installments may be paid in advance of the due
25 date with interest computed to the next installment due date.
26 The commission shall fix the time or times for the payment of the
27 first installment so that each public corporation may make a tax
1 levy for the payment of the installment.
2 Sec. 605. (1) The special assessment roll shall contain the
3 name of each public corporation assessed; the total estimated
4 cost of the plan, or the actual cost if the actual cost has been
5 ascertained at the time of the preparation of the roll; the
6 percentage apportioned to each public corporation; the amount of
7 the assessment for each public corporation based upon the
8 percentage of apportionment; and the amount of each installment
9 if the assessment is divided into annual installments. After the
10 secretary prepares the special assessment roll, the secretary
11 shall present the special assessment roll to the commission for
12 approval. If the commission approves the roll, a statement to
13 that effect setting forth the date of approval shall be signed by
14 the chairperson and secretary of the commission and affixed to
15 the roll.
16 (2) The chairperson of the commission shall then certify to
17 each public corporation assessed the amount of the total
18 assessment against it, the amount of the various installments if
19 the assessment is divided into installments, the due date of each
20 installment, and the rate of interest upon unpaid installments.
21 The treasurer shall also each year, at least 30 days before the
22 time of the levying of taxes by each public corporation, notify
23 the public corporation of the amount of the installment and
24 interest next becoming due. However, the failure to so notify
25 any public corporation does not excuse it from making payment of
26 the installment and interest.
27 (3) On or before the due date of an installment, each public
1 corporation shall pay to its county treasurer the amount of the
2 installment, together with interest accruing to the due date.
3 Within 15 days after receiving a payment, the county treasurer
4 shall forward the amount so paid to the treasurer of the
5 commission. If a public corporation fails or neglects to pay the
6 county treasurer the amount of the installment and interest, the
7 county treasurer shall advance the amount to the treasurer of the
8 commission from county funds and deduct the amount from any
9 funds, other than those pledged for the payment of debts, of the
10 public corporation. If a county advanced funds for a public
11 corporation under this section but had not been reimbursed, the
12 county board of commissioners may order the public corporation
13 and its officers to levy upon its next tax roll an amount
14 sufficient to make such reimbursement on or before the date when
15 its taxes become delinquent. The public corporation and its tax
16 levying and collecting officials shall levy and collect such
17 taxes and reimburse the county. Nothing in this section prevents
18 the county from obtaining reimbursement from any other legal
19 method. The tax levying officials of each of the public
20 corporations assessed shall levy sufficient taxes to pay
21 assessment installments and interest as they become due unless
22 sufficient money has been set aside.
23 (4) If a special assessment roll is prepared upon the basis
24 of the estimated cost of the plan, then after the actual cost has
25 been ascertained and determined by the commission, the special
26 assessments and the installments shall be corrected by adding any
27 deficiency or deducting any excess, or refunding the amount of
1 any prepaid assessments in excess of the assessment based upon
2 actual costs. The commission may order such corrections to be
3 made upon the original roll or may order that a new corrected
4 roll be prepared and submitted for approval by the commission.
5 Sec. 606. (1) The commission may issue bonds or notes for
6 and on behalf of the watershed management district, in
7 anticipation of the collection of any or all installments of
8 assessments, and pledge the full faith and credit of the district
9 for the prompt payment of the principal and interest.
10 (2) A district may borrow money or accept the advance of
11 work, material, or money from a public or private corporation,
12 partnership, association, individual, or any agency of the
13 federal government for payment for the preparation or
14 implementation of the plan to be reimbursed by the district, with
15 or without interest as may be agreed, when funds are available.
16 The obligation of the district to make the repayment or
17 reimbursement may be evidenced by a contract or note. The
18 contract or note may pledge the full faith and credit of the
19 district and may be made payable out of the assessments made
20 against public corporations or out of any other available funds,
21 and the contract or note shall not be considered to be an
22 obligation within the meaning of the municipal finance act, 1943
23 PA 202, MCL 131.1 to 139.3. The total amount of principal owed
24 for obligations under this section shall not exceed $600,000.00.
25 (3) This section does not apply to advances or loans made by
26 any public corporation, the federal government, or any agency of
27 the federal government.
1 (4) A county board of commissioners by a majority vote of
2 2/3 of its members may pledge the full faith and credit of a
3 county for the payment of a note of the district.
4 Sec. 607. If the original assessment is insufficient to pay
5 the principal and interest on bonds and notes issued in
6 anticipation of the collection, then the commission shall make
7 such additional assessments, as necessary. The additional
8 assessments shall be apportioned to the same public corporations
9 in the same relative amounts as the original assessments.
10 CHAPTER 23
11 SANCTIONS
12 Sec. 615. If a commissioner is interested directly or
13 indirectly in the profits of a contract, job, work, or services,
14 other than official services, to be performed for a drainage
15 district, he or she is guilty of a misdemeanor. Upon conviction,
16 his or her office is vacated and he or she is ineligible to again
17 hold the office of commissioner.
18 Sec. 616. If any person willfully or maliciously removes
19 any section or grade stake set along the line of any drain, or
20 obstructs or damages a drain, he or she is guilty of a
21 misdemeanor, punishable by a fine of not more than $100.00 and
22 the costs of prosecution, or in default of the payment of the
23 fine, by imprisonment for not more than 93 days.
24 Sec. 617. (1) A person is guilty of a misdemeanor if the
25 person willfully prohibits, prevents, or obstructs the drain
26 commissioner or drainage board or their agents, employees, or
27 contractors from doing either of the following:
1 (a) Going upon land for the purpose of examining the land or
2 making surveys in connection with the work of the drain
3 commissioner or drainage board.
4 (b) Going upon a right-of-way of the district with their
5 employees, tools, machinery, instruments, and other equipment for
6 the purpose of constructing, reconstructing, repairing, or
7 maintaining the work of the drain commissioner or drainage
8 board.
9 (2) Subsection (1) does not apply unless the drain
10 commissioner has given notice by first-class mail to the owner of
11 the land whose name appears on the last city or township tax roll
12 that the drain commissioner or drainage board or their agents,
13 employees, or contractors will go upon the land or upon the
14 right-of-way to which the land is subject.
15 (3) Subsection (2) does not apply if the address of the owner
16 of the land does not appear on the tax roll.
17
CHAPTER 24 .
18 REPEALS
AND SAVING CLAUSES .
19 CHAPTER 25
20 ALTERNATE PROCEDURES
21 Sec. 626. When If
2 or more public corporations other
22 than the state or a county or counties are to be assessed, the
23 drainage board, or if appropriate in chapter 21 proceedings, the
24 drain commissioner, may determine that costs to be assessed to
25 the public corporations, in excess of those apportioned for
26 drainage to state or
county highways roadways, shall not be
27 apportioned by the establishment of a fixed percentage of costs
1 to be borne by each public corporation, but that the costs shall
2 be assessed at large to all of the public corporations in the
3 aggregate and apportioned annually between the public
4 corporations on the basis of the relative valuations, as
5 equalized, of each within
the area served by the drain. , if
6 the The drainage board or drain commissioner shall
determine
7 that base the determination on whether this method
of
8 apportionment will more fairly result in the costs of the drain
9 being apportioned in accordance with the benefits to be derived
10 therefrom. Notice of
tentative apportionment in the foregoing
11 manner provided in this section shall include a calculation of
12 the apportionment of costs between public corporations assessed
13 in the aggregate based on the latest available valuations.
14 Sec. 627. When
employing this chapter, the chairman
15 chairperson of the drainage board in chapter 20 proceedings or
16 the secretary of the drainage board in chapter 21 proceedings
17 shall prepare a special
assessment roll. which The special
18 assessment roll shall contain the name of each public corporation
19 assessed, the total estimated or actual cost of the project, the
20 fixed percentage of the cost, if any, apportioned to public
21 corporations, and
to the state or counties roadway authorities
22 for drainage of highways
roadways, the aggregate amount
23 assessed at large against all other public corporations, and if
24 the assessment is divided into annual installments, the amount of
25 each installment, listed separately for the state and counties
26 and for public corporations assessed a fixed percentage if
27 applicable, and in the aggregate for all other public
1 corporations. After approval of the roll by the drainage board,
2 the chairman chairperson
shall then send a certified copy of
3 the roll to each public corporation assessed.
4 Enacting section 1. Sections 4, 5, 11, 21a, and 22,
5 chapter 4, chapter 6, sections 193, 194, 195, 196, 197, 198, 246,
6 248, 268, 271, 272, 281, 321, and 325, chapters 14, 15, and 16,
7 sections 424, 426, 427, 428, 432, and 434, chapter 19, sections
8 461, 470, 471, 480, 482, 485, 492 to 498, 511, 522, 523, 526 to
9 531, 533 to 539, 542 to 549, 551 to 583, and 621 of the drain
10 code of 1956, 1956 PA 40, MCL 280.4, 280.5, 280.11, 280.21a,
11 280.22, 280.71 to 280.88, 280.121 to 280.135, 280.193, 280.194,
12 280.195, 280.196, 280.197, 280.198, 280.246, 280.248, 280.268,
13 280.271, 280.272, 280.281, 280.321, 280.325, 280.341 to 280.384,
14 280.424, 280.426, 280.427, 280.428, 280.432, 280.434, 280.441 to
15 280.448, 280.461, 280.470, 280.471, 280.480, 280.482, 280.485,
16 280.492 to 280.498, 280.511, 280.522, 280.523, 280.526 to
17 280.531, 280.533 to 280.539, 280.542 to 280.549, 280.551 to
18 280.583, and 280.621, are repealed.