HB-6151, As Passed House, December 6, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 6151

     A bill to amend 1956 PA 40, entitled

"The drain code of 1956,"

by amending section 154 (MCL 280.154), as amended by 2010 PA 339.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 154. (1) Except for maintenance or repair of a drain

under section 196, the commissioner shall advertise for the receipt

of bids at a specified time, date, and location. If the drain

commissioner directly or indirectly maintains an official internet

presence, the advertisement for the receipt of bids shall be posted

on a portion of the website that is fully accessible to the public

at least 10 days before and maintained through the date set for the

receipt of bids. If the drain commissioner does not maintain an

official internet presence, the advertisement shall be so posted

and maintained on the county website.

     (2) 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 this section, of a public meeting to

review the apportionment of benefits. The Except for a project

under section 196, the meeting shall be not less than 5 nor more

than 30 45 days after the date set for receiving bids.

(3) (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.of the

review of the apportionment.

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

under subsection (1) (2) by first-class mail at least 10 days

before the date of the meeting to review of the apportionment of

benefits , to each person whose name appears upon on 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 Notice need not be

mailed to the a person whose address does not appear on the roll.

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 to all of the persons whose names and

addresses appear upon on the tax rolls as owning land within the

particular special assessment district. The affidavit 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, subsection, the failure to receive

notice by mail does not constitute a jurisdictional defect

invalidating a drain proceeding or tax. assessment. 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 subsection is not required.

(5) (4) The At least 10 days before the date of the review of

the apportionment, the drain commissioner shall serve the notice

under subsection (1) shall be (2) personally served or by certified

mail on the county clerk and on 1 or more members of the road

commission of a county, or road district, the supervisor of a

township, the mayor clerk of a city, and the president clerk of a

village to be assessed at large.

(6) (5) The notice under subsection (1) (2) shall contain all

of the following:

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

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

apportionment of benefits.

(b) (c) A Subject to subsection (8), 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.

     (c) For notice mailed to a person under subsection (4), the

estimated percentage and dollar amount apportioned to that person's

land, the estimated annual total of all project assessments, and

the estimated project assessment duration.

     (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) The name and number of the drain.

     (h) The address of a website, as provided for in subsection

(7), and a statement that the following additional information can

be found at that address:

(i) (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.If a parcel or

tract is partially located within the district, for the purposes of

the notice description only, the drain commissioner may consider

the entire parcel or tract to be located in the district.

     (h) The name or number of the drain.

(ii) (i) The number and length of sections, the average depth

and width of each section, and if the drain will be a closed drain,

the amount and specifications of all tile or pipe required.

(iii) (j) The location, number, type, and size of all culverts

and bridges.

(iv) (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. These shall be kept on file in

the office of the drain commissioner.

     (7) If the drain commissioner directly or indirectly maintains

an official internet presence, the information described in

subsection (6)(a), (b), and (d) to (h) shall be posted on a portion

of the website that is fully accessible to the public and

maintained through the date of the meeting to review the

apportionment of benefits. If the drain commissioner does not

maintain an official internet presence, the information shall be so

posted and maintained on the county website.

     (8) Notwithstanding the information provided in the notice

under subsection (5)(c), the drain commissioner may make subsequent

adjustments that the commissioner or drainage board considers

necessary to the estimated apportionment percentage, estimated

annual project assessment, or estimated project assessment duration

without further notice or an additional meeting to review the

apportionment of benefits.

(9) (7) Bids Except for a project under section 196, bids

shall be received and the total cost of the drain shall be computed

before the time set for review of the apportionment. The

computation shall be open to inspection. If the computation is not

completed before the day of review of the apportionment, the drain

commissioner shall adjourn the review may be adjourned from time to

time, not more than 20 days in all, for the completion of the

computation, or shall call a new hearing may be called with similar

notice, by publication and service at least 10 days before the

hearing. meeting to review the apportionment of benefits and give

notice as provided in subsections (3) to (6). If the contracts on

which the computation was based are not executed and new contracts

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

new review held with a similar notice as provided in subsections

(3) to (6).

     (10) At the date, time, and place fixed specified in the

notice, or at another date, time, and place to which the county

drain commissioner may adjourn the hearing, meeting, the

apportionment of benefits and the lands 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. At the

review, the county clerk or the county road commission may appear

on behalf of the county, or a road district; the supervisor 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 on

behalf of a city, ; and the president may appear on behalf of a

village. At the review the county drain commissioner shall hear do

all of the following:

     (a) Hear the proofs and allegations. , shall carefully

     (b) Carefully reconsider and review the description of land

comprised within the special assessment district , the several

descriptions and the apportionment of benefits. , and shall define

     (c) Define and equalize the land as is just and equitable.

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

state trunk line highway, unless the director of the state

transportation department consents in writing to the apportionment,

the drain commissioner , at least 20 days before the review on the

highway, shall notify by registered certified mail the 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 by the drain commissioner under

subsection (2). The notice shall be mailed at least 20 days before

the review of the apportionment. If the director of the state

transportation department instead desires to have the apportionment

of benefits reviewed by the director of the department of

agriculture and rural development, the 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 and rural development of the date,

time, and place fixed for the review of apportionments, and at the

meeting the director of the department of agriculture and rural

development, 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 written decision on the

apportionment under this subsection , when reduced to writing, is

final.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.