August 5, 2009, Introduced by Senators VAN WOERKOM, JELINEK, KUIPERS and BIRKHOLZ and referred to the Committee on Local, Urban and State Affairs.
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 (2) 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. The
drain commissioner shall send notice by first class mail of the
time, date, and place of the meeting, at least 10 days before the
date of the meeting, 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.
(2)
The notice 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.
(3) 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 for the review of
the apportionment.
(c) A statement that the review of apportionment will
determine the amount of drain assessments against land included in
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.
(4) 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.
(5) (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.
(6) (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.