September 5, 2018, Introduced by Senator STAMAS and referred to the Committee on Local Government.
A bill to amend 1956 PA 40, entitled
"The drain code of 1956,"
by amending sections 191, 192, 196, 201, and 262 (MCL 280.191,
280.192, 280.196, 280.201, and 280.262), section 196 as amended by
2008 PA 509 and section 201 as added by 2016 PA 171.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
191. (1) When a drain or portion thereof, which traverses
lands
wholly in 1 county, and lands only in 1 county which is
subject
to assessment, needs cleaning A
written petition for any of
the following work on a county drain may be filed with the drain
commissioner:
(a) Cleaning out, relocating, widening, deepening,
straightening, tiling, extending, or relocating the drain along a
highway. ,
or requires
(b) Installation of structures or mechanical devices that will
properly purify or improve the flow of the drain or pumping
equipment
necessary to assist or relieve the flow of the drain. ,
or needs supplementing
(c) Supplementing the drain by the construction of 1 or more
relief drains, which may consist of new drains or extensions,
enlargements,
or connections to existing drains.
, or needs
(d)
Adding 1 or more branches added
thereto, to the drain.
(2) A petition under subsection (1) shall set forth the
necessity of the proposed work. The petition shall be signed by any
5 freeholders whose lands will be liable to assessments for
benefits, or, if there are fewer than 5 freeholders whose lands
will
be liable for assessments, by at least
50% of the those
freeholders. if
there are less than 5 freeholders whose lands shall
be
liable to an assessment for benefits of such work, may make
petition
in writing to the commissioner setting forth the necessity
of
the proposed work and Upon
filing of the petition, the
commissioner shall proceed in the same manner provided in this act
for the location, establishment, and construction of a drain. If
the project includes a tiled relief drain, or the tiling of an
existing open drain or any portion thereof, with a conduit a part
of which has an inside diameter in excess of 36 inches or the
retiling of an existing drain with a conduit, a part of which has
an inside diameter in excess of 36 inches, then the petition shall
comply
with section 71. The preceding sentence shall is not
be
applicable to the construction of bridges, culverts, and
passageways.
The word tiling "Tiling",
as used in this and other
sections
of this act, means the laying of a
conduit composed of
tile,
brick, concrete, or other material. When it
(3) If the work described in subsection (1) is necessary for
the
public health of 1 or more cities, villages, and or townships,
the petition may be signed solely by a representative of a city,
village,
or township when if authorized by its governing body or by
authorized representatives of a combination of the municipalities,
if the municipality or municipalities are liable to assessments at
large for a percentage of the total amount assessed for the cost of
the
proposed work. After
(4) Subject to subsection (5), as soon as practicable after
the board of determination determines the necessity for the work,
as
provided in section 72, and the commissioner shall, as soon as
practicable
after files the final order of determination prescribed
in
section 151, has been filed by him, the commissioner shall
proceed
as provided in sections 151 to 161. If chapter 7, including
providing notice of and holding a day of review. However, if the
apportionment
is the same as the last recorded apportionments, no a
day
of review is necessary, but in other cases the commissioner
shall
proceed as provided in sections 151 to 161, including the
notice
of and the holding of a day of review.not required.
(5) Subject to subsection (6), the drain commissioner shall
not perform drain maintenance under this section if an assessment
is necessary for the maintenance and all of the property subject to
the assessment was subject to assessment for maintenance work
performed in the past 3 years at the same location.
(6) Subsection (5) does not apply if, as determined by the
county board of commissioners, an emergency condition exists that
endangers the public health or crops or other property within the
drainage district and the maintenance is necessary to alleviate the
emergency condition.
Sec.
192. (1) Whenever a drain or portion thereof, which
traverses
lands in more than 1 county, and lands in more than 1
county
shall be subject to assessments, needs cleaning A written
petition for any of the following work on an intercounty drain may
be filed with the drain commissioner of any county that has lands
in the district:
(a) Cleaning out, relocating, widening, deepening,
straightening,
tiling, extending, or relocating along a highway. ,
or
requires
(b) Installation of structures or mechanical devices that will
properly purify or improve the flow of the drain or pumping
equipment
necessary to assist or relieve the flow of the drain. ,
or needs supplementing
(c) Supplementing the drain by the construction of 1 or more
relief drains, which may consist of new drains or extensions,
enlargements
or connections to existing drains.
, or needs
(d)
Adding 1 or more branches added
thereto, to the drain.
(2) A petition under subsection (1) shall set forth the
necessity of the proposed work. The petition shall be signed by a
number of freeholders within the drainage district equal to 50% of
the
number of freeholders whose lands are traversed by said the
drain
or drains in said petition or abut on any highway or street
along
either side of which such the
drain extends, between the
point
where said the drain enters such the highway or street and
the
point where it leaves such the
highway or street and which
lands
are within the drainage district.
, may make a petition in
writing
to the commissioner of any county having lands in such
district
setting forth the necessity of such proposed work.
Whenever
it
(3) If the work described in subsection (1) is necessary for
the public health of 1 or more cities, villages or townships, the
petition may be signed solely by a representative of a city,
village, or
township when duly if authorized by its governing body
or by authorized representatives of any combination of such
municipalities if the municipality or municipalities will be liable
to assessments at large for a percentage of the total amount to be
assessed for the cost of the proposed work. The percentage of cost
apportioned to the municipality or municipalities shall be based
upon
the benefits to accrue to such the
municipality or
municipalities and also the extent to which they contribute to the
conditions
which makes that make the drain necessary.
(4) Upon receipt of such a petition under subsection (1), the
commissioner
shall notify the state director of the department of
agriculture and rural development and the commissioners of each
county
embracing that includes any lands in the drainage district.
,
and the The director of the
department of agriculture and rural
development or the director's designee shall call a meeting of the
drainage board as constituted under section 122, within the time
and
in the manner prescribed in section 122. The persons so named
shall
constitute a drainage board and if such work is then
determined
to be If the drainage board
determines that the work is
practicable,
they may thereupon appoint a competent the drainage
board shall cause a survey of the drain to be made by a licensed
professional
surveyor or engineer. to
make a survey of said drain,
and
lay out a drainage district according to section 104. After the
surveyor or engineer has filed all data with the drainage board,
the director of the department of agriculture and rural development
shall call a meeting as provided in section 122, and, subject to
subsection
(5), thereafter take all steps and
perform all acts
which
are required to be done by said board the director and
drainage board shall proceed as provided under chapter 6 upon a
petition for the location, establishment, and construction of
drains
as provided in sections 121 to 135. Such board and the
commissioners
shall exercise such power and be subject to such
limitations
as are provided in sections 121 to 135.a drain.
(5) Subject to subsection (6), the drainage board shall not
perform drain maintenance under this section if an assessment is
necessary for the maintenance and all of the property subject to
the assessment was subject to assessment for maintenance work
performed in the past 3 years at the same location.
(6) Subsection (5) does not apply if, as determined by the
director of the department of agriculture and rural development, an
emergency condition exists that endangers the public health or
crops or other property within the drainage district and the
maintenance is necessary to alleviate the emergency condition.
Sec.
196. (1) An annual inspection may be made of A drain
commissioner or drainage board may inspect a drain established
under
this act. Inspection shall also be made A drain commissioner
or drainage board shall inspect a drain 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 $5,000.00 per mile 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 $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 $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 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 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 by 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. 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 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) Subject to subsection (9), the drain commissioner or
drainage board shall not perform drain maintenance under this
section if an assessment is necessary for the maintenance and all
of the property subject to the assessment was subject to assessment
for maintenance work performed in the past 3 years at the same
location.
(9) (8)
If, as determined by the county board of commissioners
for a county drain or the director of the department of agriculture
and rural development for an intercounty drain, an emergency
condition
exists that endangers the public health
, or crops , or
other property within a drainage district, subsection (8) does not
apply and the drain commissioner or the drainage board,
respectively, may expend funds for maintenance and repair to
alleviate the emergency condition.
(10) (9)
Nothing in this section prohibits
the drain
commissioner or the drainage board from spending funds in excess of
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.
(11) (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.
(12) (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.
(13) (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 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.
(14) (13)
Except as otherwise provided in
this act, that
portion of the salaries, expenses, and fringe benefits of
administrative and engineering employees under the supervision of
the drain commissioner 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 the drain fund of a drainage
district.
Sec. 201. (1) At least 7 days before entering property for any
excavation or tree removal to be performed under this chapter, the
drain commissioner or drainage board shall mail notice of the
expected entry by first-class mail to the property owner.
(2) Subsection (1) does not apply to work performed under
section
196(8) 196(9) or 196a.
Sec.
262. (1) The Upon
computing the cost of the drain under
section
261, the drain commissioner shall thereupon
make a special
assessment roll for the drain for each county, township, city, or
village
and each state trunk line highway affected. thereby, which
The roll shall be designated, giving name or number of the drain,
"drain special assessment roll". The commissioner shall enter on
the
a roll a correct description of the tracts,
parcels, or
subdivisions of land benefited by the drain and place opposite each
description
the amount of the percent heretofore percentage of
costs
apportioned to that land as previously determined
upon by him
or
by the commissioner or board of review. The commissioner shall
also
enter on the roll the amount of the percent percentage of
costs
apportioned to the county , for benefits to any county road,
and
to the township, city, or village, and to the
state highway
commission , for benefits to any state trunk line highway. ,
and in
case
If the amount be is payable in installments, he
the
commissioner
shall also enter thereon on the roll a memorandum of
the installments and, subject to subsection (4), of the year or
years when the installments shall be spread. The commissioner shall
add
a certificate in writing of the determination certify in
writing
on the roll whether the taxes
assessed assessments for
benefits shall be paid in 1 or more years. The rolls shall be dated
and signed by the commissioner and filed on or before the last
Wednesday in September in each year, in the office of the county
clerk.
(2) The commissioner shall prepare a tax assessment roll in
each year for the collection of taxes for the current year, and
shall
certify the same roll to the county clerk on or before the
first day of the annual meeting of the county board of
commissioners. In each roll the commissioner shall add to the
amount to be collected, interest on all unpaid installments to the
date of tax collection, and shall deduct from the amount to be
collected by the county, village, city, or township all amounts
received from the proceeds or income of property or an interest in
property located in the county, village, city, or township and
acquired through condemnation or the payment of damages under this
act. To the roll for the last year the commissioner shall add a
further amount, if any, as may be necessary together with
outstanding uncollected taxes, to pay all outstanding bonds and
interest thereon to maturity. If the roll is made payable in more
than 1 installment, a permanent assessment roll may be maintained
in the office of the county treasurer, subject to the direction of
the board of county auditors, in counties having such a board, and
of the county board of commissioners in other counties, showing the
total cost, the number of installments, and the amount of each
annual assessment, together with interest charges thereon, which
shall be carried in a separate column.
(3) If the roll is made payable in more than 1 installment,
and the total amount of any assessment is $10.00 or less, exclusive
of
interest, then that assessment shall be is payable in 1
installment. ;
but However, if the assessment exceeds the sum of
$10.00 and is made payable in more than 1 installment, then that
installment,
exclusive of interest, shall not be less than the sum
of
$10.00, excepting except for the final installment, which shall
be
is payable in the amount of the actual balance.
(4) If the assessment is necessary for drain maintenance and
all of the property subject to the assessment was subject to
assessment for maintenance work performed in the past 3 years at
the same location, but the maintenance is performed because of an
emergency condition as provided for in section 191, 192, or 196,
the assessments shall not be levied until the year after the year
in which the assessment for the previous work, or the final
installment of that assessment, is payable.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.