SB-0715, As Passed Senate, September 22, 2009

SUBSTITUTE FOR

SENATE BILL NO. 715

     A bill to amend 1956 PA 40, entitled

"The drain code of 1956,"

by amending section 154 (MCL 280.154).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 154. (1) The commissioner shall give notice as described

in subsection (3) for the receiving of bids for the construction of

the drain and for the holding of a public meeting . At the meeting

a review shall be made of to review the apportionment of benefits.

The notice shall specify the time and place of receiving bids, and

the time and place of the meeting for review of apportionment. The

meeting shall be not less than 5 nor more than 30 days after the

date set for receiving bids.

     (2) The notice under subsection (1) shall be given by

publication of at least 2 insertions in a newspaper published and

of general circulation in the county. The first publication shall

be at least 10 days before the date set for receiving bids.

     (3) The drain commissioner shall also send the notice under

subsection (1) by first-class mail of the time, date, and place of

the meeting, at least 10 days before the date of the meeting to

review the apportionment of benefits, to each person whose name

appears upon the last city or township tax assessment roll as

owning land within the special assessment district, at the address

shown on the roll. If an address does not appear on the roll, then

notice need not be mailed to the person. The drain commissioner

shall make an affidavit of the mailing and shall recite in the

affidavit that the persons to whom the notice was mailed ,

constitute all of the persons whose names and addresses appear upon

the tax rolls as owning land within the particular special

assessment district. The affidavit shall be is conclusive proof

that notice was mailed to each person to whom notice is required to

be mailed. If notice has been sent by first-class mail as provided

in this section, the failure to receive notice by mail shall does

not constitute a jurisdictional defect invalidating a drain

proceeding or tax. If the board of determination determines that

the drain is necessary for the protection of the public health and

that the whole cost of the drain, except that part which may be

apportioned for benefits to highways, shall be apportioned to

municipalities, then mailing of individual notices to persons

owning land within the special assessment district as provided in

this section shall subsection is not be required.

(4) (2) The notice under subsection (1) shall also contain the

names of the counties, cities, townships, or villages to be

assessed at large, and shall be personally served on the county

clerk and 1 or more members of the road commission of a county or

road district, the supervisor of a township, the mayor of a city,

and the president of a village to be assessed at large.

     (5) The notice under subsection (1) shall contain a all of the

following:

     (a) The date, time, and place of receiving bids.

     (b) The date, time, and place of the meeting to review the

apportionment of benefits.

     (c) A statement that, at the meeting to review the

apportionment of benefits, the drain commissioner will have

available to review the tentative apportionments against parcels

and municipalities within the drainage district.

     (d) A statement that drain assessments against land will be

collected in the same manner as property taxes.

     (e) A statement that if drain assessments against land are

collected by installment, the land owner may pay the assessments in

full with any interest to date at any time and thereby avoid

further interest charges.

     (f) The name of each county, township, city, or village to be

assessed at large.

     (g) A description of the land constituting the special

assessment district for the drain. The description may be stated by

designating the boundaries of the special assessment district by

streets, highways, parcels, or tracts of land or by describing the

tracts or parcels of land constituting the district. A tract or

parcel need not be subdivided beyond the point where the whole of

the tract or parcel is within the drainage district. or to describe

the drain further than by reference to it by its

     (h) The name or number of the drain.

     (i) The notice shall also state the number and length of

sections, the average depth and width of each section, and in case

of if the drain will be a closed drains drain, the amount and

specifications of all tile or pipe required.

     (j) The notice shall contain the location, number, type, and

size of all culverts and bridges. and the

     (k) The conditions upon which the contract will be awarded.

     (6) The notice under subsection (1) need not contain minutes

of survey or a table of cuttings. which These shall be kept on file

in the office of the drain commissioner.

(7) (3) Bids shall be received and computation of the total

cost of the drain shall be made computed before the time set for

review of the apportionment. , and the The computation shall be

open to inspection. If the computation is not completed before the

day of review, the review may be adjourned from time to time, not

more than 20 days in all, for the completion of the computation, or

a new hearing may be called with similar notice, by publication and

service at least 10 days before the hearing. If the contracts on

which the computation was based are not executed and new contracts

shall be are let at a higher price, a corrected the computation

shall be made corrected and a new review held with a similar

notice. At the date, time, and place fixed in the notice, or at

another date, time, and place to which the county drain

commissioner may adjourn the hearing, the apportionment of benefits

and the lands comprised within constituting the special assessment

district shall be subject to review for at least 1 day. The review

shall be held open from 9 a.m. until 5 p.m. On At the review, the

county clerk or the county road commission may appear on behalf of

the county or a road district; the supervisor or commissioner of

highways of a township may appear on behalf of a township; the

mayor or an officer of the city designated by the mayor may appear

for a city; the president may appear on behalf of a village. At the

review the county drain commissioner shall hear the proofs and

allegations, and shall carefully reconsider and review the

description of land comprised within the special assessment

district, the several descriptions and apportionment of benefits,

and shall define and equalize the land as is just and equitable.

(8) (4) When If an apportionment of benefits is made against a

state trunk line highway, unless the state highway director of the

state transportation department consents in writing to the

apportionment, the drain commissioner, at least 20 days before the

review on the trunk line highway, shall notify by registered mail

the state highway director of the state transportation department

of the percentage apportioned against the highway and the date,

time, and place fixed for a review of apportionment of benefits. If

the state highway director of the state transportation department

desires to have the apportionment of benefits reviewed by the

director of the department of agriculture, the state highway

director of the state transportation department, within 10 days

from the receipt of the notice, shall file with the drain

commissioner an objection to the apportionment. The drain

commissioner shall notify the director of the department of

agriculture of the date, time, and place fixed for the review of

apportionments, and at the meeting the director of the department

of agriculture, or a deputy of the director, shall review the

apportionment made against the state trunk line highway , and

listen to the proofs and allegations of the parties, and may view

the highway benefited. The action and decision on the apportionment

under this subsection, when reduced to writing, shall be is final.