May 1, 2007, Introduced by Reps. Nitz, Meekhof, Garfield, Hansen, Mayes, Walker, Accavitti, Donigan, Espinoza, Kathleen Law, Sheltrown, Shaffer, Green and Hammel and referred to the Committee on Agriculture.
A bill to amend 1956 PA 40, entitled
"The drain code of 1956,"
by amending section 196 (MCL 280.196), as amended by 1989 PA 149.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
196. (1) An annual inspection may be made of all drains
laid
out and constructed a drain
established under this act.
Inspection shall also be made upon the request of the governing
body of a public corporation, as defined in section 461, served in
whole or in part by the drain to be inspected. For county drains,
the inspection shall be made by the drain commissioner, or a
competent person appointed by the drain commissioner. For
intercounty drains, the inspection shall be caused to be made by
the drainage board.
(2) Surplus construction funds remaining after completion of
construction of a drain, or funds remaining after completion of
work performed under a petition for maintenance or improvements
under this chapter, shall be deposited in the drain fund of a
drainage district and shall be expended for inspection, repair, and
maintenance of the drain.
(3) If at any time the drain fund of a drainage district
contains
less than $2,500.00 $5,000.00 per mile of drain or
fraction of a mile of a drain, the drain commissioner or drainage
board may assess the drainage district for an amount not to exceed
$1,250.00
a $2,500.00 per mile or fraction of a mile in any 1 year.
The amount collected under an assessment shall be deposited in the
drain fund of a drainage district for necessary inspection, repair,
and maintenance of the drain.
(4) If an inspection discloses the necessity of expending
money for the maintenance and repair of a drain in order to keep it
in working order, the drain commissioner for a county drain, or the
drainage board for an intercounty drain, may without petition
expend
an amount not to exceed in any 1 year $2,500.00 $5,000.00
per mile or fraction of a mile for maintenance and repair of a
drain, exclusive of inspection and engineering fees and the cost of
publication and mailing. The determination of the maximum
expenditure allowed without a petition or resolution shall be based
on the total number of miles of the drain and not on the actual
number of miles or location of the maintenance or repair.
(5) If the drain commissioner or the drainage board finds it
necessary
to expend funds in excess of $2,500.00 the amount
established in subsection (4) per mile or fraction of a mile in any
1 year for the maintenance and repair of a drain, the additional
amounts shall not be expended until approved by resolution of the
governing body of each township, city, and village affected by more
than 20% of the cost.
(6) If the drain fund of a drainage district does not contain
sufficient funds to pay for inspection, repair, and maintenance
authorized by this section, the drain commissioner or the drainage
board shall reassess the drainage district for the inspection,
repair, and maintenance according to benefits received. A
reassessment shall be made and spread upon the city or township tax
assessment roll within 2 years after the completion of the
inspection, repair, and maintenance. If the total expenditure is
more
than $2,500.00 the amount
established in subsection (4) per
mile or fraction of a mile, all real property owners subject to an
assessment within the drainage district shall be notified of the
assessment by publication in a newspaper of general circulation
within
the drainage district and or
by first first-class
mail to
the name and address that appears on the last city or township
assessment roll. An affidavit of mailing shall be made by the drain
commissioner. that
shall be The affidavit is conclusive proof that
the notices required by this subsection were mailed. The failure to
receive the notices by mail shall not constitute a jurisdictional
defect invalidating a drain tax if notice by publication was given
as required by this subsection.
(7) An assessment for the actual cost of inspection, repair,
and maintenance performed on a drain, or an assessment to be
deposited in the drain fund of a drainage district, shall be made
according
to benefits received. The expenditure limit of $2,500.00
the amount established in subsection (4) per mile of drain or
fraction of a mile shall be used to calculate the maximum amount
that the drain commissioner or drainage board may assess in any 1
year without a petition or a request from a public corporation. The
property in a drainage district that benefits from the inspection,
repair, or maintenance of the drain is subject to assessment for
that inspection, repair, or maintenance. Determination of the
maximum assessment amount allowed without petition or request, or
of the property that is subject to assessment, shall be based on
the number of miles of drain and areas of the drainage district
receiving benefits and not on the actual number of miles or actual
location of the inspection, repair, or maintenance.
(8) If an emergency condition exists that endangers the public
health, crops, or property within a drainage district, the drain
commissioner or the drainage board may expend funds for maintenance
and repair to alleviate the emergency condition.
(9) Nothing in this section prohibits the drain commissioner
or
the drainage board from spending funds in excess of $2,500.00
the amount established in subsection (4) per mile or fraction of a
mile in any 1 year for inspection, maintenance, and repair of a
drain when requested by a public corporation, if the public
corporation pays the entire cost of the inspection, maintenance,
and repair.
(10) In computing the amounts that may be expended in
accordance with this section, the cost of work to be performed by a
federal agency or public corporation that is not chargeable to the
county or intercounty drainage district shall not be included, nor
shall it be necessary for the drain commissioner or the drainage
board to advertise for bids for that portion of the work to be done
by the federal agency or public corporation.
(11) For purposes of this section, the costs of maintenance or
repair shall include the costs of maintaining the drain in working
order to continue a normal flow of water, including the servicing
or repair of necessary pumping equipment and utility charges for
pumping equipment; the cost of keeping the drain free from rubbish,
debris, siltation, or obstructions; the cost of repairing a portion
or all of a tile or drain to continue the normal flow of water; and
other costs associated with the costs enumerated in this
subsection.
(12) If the cost of maintenance and repair of a drain includes
utility charges or costs to service pumping stations, sewage
treatment facilities, or retention basins, the limitation for
maintenance
and repair shall does not apply except that the drain
commissioner or drainage board may levy sufficient special
assessments to pay the charges or costs but not more than the
amount sufficient to pay those charges or costs.
(13)
The Except as otherwise
provided in this act and in
counties with a population exceeding 800,000, that portion of the
salaries,
expenses, and fringe benefits of clerical, administrative
,
and engineering employees under the supervision of the drain
commissioner
or drainage board working incidental to the operation,
repair,
or maintenance of a drain shall that
are directly
attributable, but not incidental, to a drain or otherwise not
recovered by fees established by resolution or ordinance of the
board
of commissioners may be chargeable to and
paid as budgeted
from
the county general fund and not chargeable to or by the drain
fund of a drainage district.
(14)
A violation of this section is a misdemeanor punishable
by
imprisonment for not more than 1 year, or by a fine of not more
than
$1,000.00, or both.