HOUSE BILL No. 6095


     September 17, 1998, Introduced by Reps. Willard, Harder, Bogardus, LaForge, Freeman, Gubow, Vaughn, Wallace, Scott, Jellema and Kaza and referred to the Committee on Agriculture.


        A bill to amend 1956 PA 40, entitled

   "The drain code of 1956,"

   by amending the title and sections 1, 2, 3, 6, 8, 10, 12, 21, 23,

   24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 51, 52, 53, 54, 151, 152,

   154, 191, 192, 193, 221, 222, 223, 241, 242, 243, 244, 245, 247,

   261, 262, 263, 265, 266, 267, 270, 273, 274, 275, 276, 277, 278,

   279, 280, 282, 283, 301, 302, 303, 304, 306, 307, 322, 322b, 323,

   324, 326, 327, 328, 391, 392, 393, 395, 421, 422, 423, 425, 429,

   430, 431, 601, 602, 622, and 623 (MCL 280.1, 280.2, 280.3, 280.6,

   280.8, 280.10, 280.12, 280.21, 280.23, 280.24, 280.25, 280.26,

   280.27, 280.28, 280.29, 280.30, 280.31, 280.32, 280.33, 280.51,

   280.52, 280.53, 280.54, 280.151, 280.152, 280.154, 280.191,

   280.192, 280.193, 280.221, 280.222, 280.223, 280.241, 280.242,

   280.243, 280.244, 280.245, 280.247, 280.261, 280.262, 280.263,

   280.265, 280.266, 280.267, 280.270, 280.273, 280.274, 280.275,


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   280.276, 280.277, 280.278, 280.279, 280.280, 280.282, 280.283,

   280.301, 280.302, 280.303, 280.304, 280.306, 280.307, 280.322,

   280.322b, 280.323, 280.324, 280.326, 280.327, 280.328, 280.391,

   280.392, 280.393, 280.395, 280.421, 280.422, 280.423, 280.425,

   280.429, 280.430, 280.431, 280.601, 280.602, 280.622, and

   280.623), the title as amended by 1982 PA 449, section 21 as

   amended by 1989 PA 134, section 33 as amended by 1982 PA 356,

   section 223 as amended by 1989 PA 61, section 280 as amended by

   1983 PA 176, section 282 as amended by 1984 PA 80, section 283 as

   amended by 1989 PA 149, and section 423 as amended by 1996

   PA 552, and by adding sections 7, 7a, 7b, 13, 14, 15, 34, 35, 41,

   42, 44, 51a, 51b, 51c, 56, 57, 58, 163, 275a, 277a, 329, 330, and

   603 and chapters 8A and 26; and to repeal acts and parts of

   acts.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                                  TITLE

 2         An act to codify the laws relating to the laying out of

 3    drainage districts, the consolidation of drainage districts, the

 4    construction and maintenance of drains, sewers, pumping equip-

 5    ment, bridges, culverts, fords, and the structures and mechanical

 6    devices to properly purify the flow of drains; to provide for

 7    flood control projects; to provide for water management, water

 8    management districts, and subdistricts, and for flood control and

 9    drainage projects within drainage districts; TO PROTECT WATER

10    QUALITY; to provide for the assessment and collection of taxes

11    AND SPECIAL ASSESSMENTS; TO REQUIRE THE PROMULGATION OF RULES; to

12    provide for the investment of funds; to provide for the deposit



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 1    of funds for future maintenance of drains; to authorize public

 2    corporations to impose taxes for the payment of assessments in

 3    anticipation of which bonds are issued; to provide for the issu-

 4    ance of bonds by drainage districts and for the pledge of the

 5    full faith and credit of counties for payment of the bonds; to

 6    authorize counties to impose taxes when necessary to pay princi-

 7    pal and interest on bonds for which full faith and credit is

 8    pledged; to validate certain acts and bonds; TO PROVIDE FOR THE

 9    POWERS AND DUTIES OF CERTAIN STATE AND LOCAL GOVERNMENTAL OFFI-

10    CERS AND ENTITIES; and to prescribe penalties.

11                              CHAPTER 1  . 

12                        DRAINS.  GENERAL PROVISIONS

13         Sec. 1.  This act shall be known and may be cited as  "  the

14    "drain code".  of 1956". 

15         Sec. 2.  Drains including branches may be located, estab-

16     lished, constructed and maintained, and existing drains, creeks,

17     rivers and watercourses and their branches, or tributaries

18     whether located, established and constructed by a county drain

19     commissioner or drainage board or by a city, village or township,

20     may be cleaned out, straightened, widened, deepened, extended,

21     consolidated, relocated, tiled, connected and relocated along a

22     highway, or there may be provided for the same structures or

23     mechanical devices that will properly purify or improve the flow

24     of the drain or pumping equipment necessary to assist or relieve

25     the flow of the drain, or 1 or more branches may be added there-

26     to, by petition under the provisions of this act, whenever the





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 1    same shall be conducive to the public health, convenience and

 2     welfare.  AS USED IN THIS ACT:

 3         (A) "APPORTION" MEANS TO ALLOCATE ON A PERCENTAGE BASIS THE

 4    COST OF A PROJECT AMONG PERSONS ASSESSABLE FOR THAT COST.

 5         (B) "BENEFIT" MEANS THE POSITIVE OR NEGATIVE CONSEQUENCES OF

 6    A PROJECT FOR INDIVIDUAL PARCELS OF LAND INCLUDING:

 7         (i) INCREASE OR DECREASE IN PROPERTY VALUE.

 8         (ii) INCREASE OR DECREASE IN POTENTIAL AGRICULTURAL

 9    PRODUCTION.

10         (iii) INCREASE OR DECREASE IN NATURAL RESOURCE VALUES.

11         (iv) INCREASE OR DECREASE IN VALUE OF THE PROPERTY AS THE

12    RESULT OF A DIFFERENT LAND USE.

13         (v) FAIR MARKET VALUE FOR THE LAND NEEDED FOR THE CHANNEL OF

14    A DRAIN AND A GRASS STRIP SURROUNDING THE CHANNEL.

15         (vi) DIMINISHED VALUE OF A FARM BECAUSE OF SEVERING A FIELD

16    WITH AN OPEN DITCH.

17         (vii) LOSS OF CROP PRODUCTION DUE TO DRAINAGE PROJECT WORK.

18         (viii) DIMINISHED PRODUCTIVITY OR LAND VALUE DUE TO OVERFLOW

19    ALONG THE BANKS OF A DRAIN.

20         (ix) THE AMOUNT OF RUNOFF FROM LAND ENTERING A DRAIN AS A

21    RESULT OF THE PROJECT AS DETERMINED BY FACTORS INCLUDING BUT NOT

22    LIMITED TO THE FOLLOWING:

23         (A) THE DEPTH, CHARACTER, AND QUALITY OF SURFACE AND SUBSUR-

24    FACE SOILS OF THE LAND.

25         (B) THE AMOUNT OF IMPERVIOUS SURFACE ON THE LAND.

26         (C) WHETHER THE ACT OR OMISSION OF A PERSON INCREASES OR

27    REDUCES THE NEED FOR THE PROJECT OR IMPROVES OR DEGRADES THE



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 1    WATER QUALITY.  CONSEQUENTLY, TO THE EXTENT THAT EXISTING OR

 2    PROPOSED DEVELOPMENT CONTRIBUTES TO THE NECESSITY OF A PROJECT,

 3    BENEFITS OF THE PROJECT SHALL BE APPORTIONED TO THE LAND ON WHICH

 4    THE DEVELOPMENT HAS OCCURRED OR WILL OCCUR.

 5         (C) "COMMISSIONER", UNLESS THE CONTEXT CLEARLY INDICATES

 6    OTHERWISE, OR "DRAIN COMMISSIONER" MEANS 1 OF THE FOLLOWING:

 7         (i) THE ELECTED COUNTY DRAIN COMMISSIONER OR THE PERSON OR

 8    PERSONS DESIGNATED TO PERFORM THE DUTIES OF THE ELECTED COUNTY

 9    DRAIN COMMISSIONER AS PROVIDED BY THIS ACT.

10         (ii) A PUBLIC WORKS COMMISSIONER DESCRIBED IN SECTION 21.

11         (iii) THE OFFICIAL OR BODY LAWFULLY DESIGNATED BY CHARTER TO

12    EXERCISE THE POWERS AND PERFORM THE DUTIES OF A COUNTY DRAIN COM-

13    MISSIONER IN A COUNTY ORGANIZED UNDER 1966 PA 293, MCL 45.501 TO

14    45.521.

15         (D) "COUNTY DRAIN" MEANS A DRAIN THAT PROVIDES DRAINAGE OR

16    SERVES LANDS IN ONLY 1 COUNTY AND HAS LANDS IN ONLY 1 COUNTY THAT

17    MAY BE SUBJECT TO ASSESSMENT.

18         (E) "DIRECTOR OF AGRICULTURE" MEANS THE DIRECTOR OF THE

19    DEPARTMENT OF AGRICULTURE OR HIS OR HER DESIGNEE SUBJECT TO SEC-

20    TION 13.

21         (F) "DRAIN" MEANS ANY OF THE FOLLOWING IF ESTABLISHED PURSU-

22    ANT TO THIS ACT:

23         (i) A WATERCOURSE OR DITCH, EITHER OPEN OR CLOSED.

24         (ii) A COVERED DRAIN.

25         (iii) A SANITARY OR A COMBINED SANITARY AND STORM SEWER OR

26    STORM SEWER OR CONDUIT.





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 1         (iv) A STRUCTURE OR MECHANICAL DEVICE TO PURIFY THE FLOW OF

 2    A DRAIN.

 3         (v) PUMPING EQUIPMENT NECESSARY TO ASSIST OR RELIEVE THE

 4    FLOW OF A DRAIN.

 5         (vi) ANY LEVEE, DIKE, OR BARRIER FOR DRAINAGE OR TO PURIFY

 6    THE FLOW OF A DRAIN.

 7         (G) "DRAIN" DOES NOT INCLUDE ANY DAM AND CONNECTED FLOWAGE

 8    RIGHTS USED FOR THE GENERATION OF POWER BY A PUBLIC UTILITY

 9    SUBJECT TO REGULATION BY THE PUBLIC SERVICE COMMISSION.

10         (H) "DRAINAGE DISTRICT" MEANS THE AREA DESCRIBED IN THE

11    ORDER OF NECESSITY OR, FOR A PROPOSED DRAIN FOR WHICH AN ORDER OF

12    NECESSITY HAS NOT BEEN MADE, THE AREA THAT WOULD BE SERVED BY THE

13    PROPOSED DRAIN.  ONCE ESTABLISHED, A DRAINAGE DISTRICT IS A BODY

14    CORPORATE WITH POWER TO CONTRACT, TO SUE AND TO BE SUED, AND TO

15    HOLD, MANAGE, AND DISPOSE OF REAL AND PERSONAL PROPERTY, IN ADDI-

16    TION TO ANY OTHER POWERS CONFERRED UPON IT BY LAW.

17         (I) "ENGINEER" MEANS A PROFESSIONAL ENGINEER LICENSED UNDER

18    ARTICLE 20 OF THE OCCUPATIONAL CODE, 1980 PA 299, MCL 339.2001 TO

19    339.2014.

20         (J) "IMPROVEMENT" MEANS 1 OR MORE OF THE FOLLOWING:

21         (i) RELOCATING, WIDENING, DEEPENING, STRAIGHTENING, TILING,

22    OR ENCLOSING A DRAIN.

23         (ii) PROVIDING OR ENHANCING STRUCTURES INCLUDING BRIDGES OR

24    MECHANICAL DEVICES THAT WILL PROPERLY CONTROL OR IMPROVE THE FLOW

25    OF THE DRAIN.

26         (iii) PROVIDING OR ENHANCING LEVEES, DIKES, OR RETENTION AND

27    DETENTION BASINS.



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 1         (iv) MAINTAINING, REPAIRING, OR ENHANCING EXISTING DAMS.

 2         (v) EXTENDING AN EXISTING DRAIN DOWNSTREAM FOR THE PURPOSE

 3    OF PROVIDING AN ADEQUATE OUTLET TO RESTORE OR IMPROVE DRAINAGE TO

 4    LANDS WITHIN AN ESTABLISHED DRAINAGE DISTRICT.  ACTIVITY UNDER

 5    THIS SUBPARAGRAPH IS SUBJECT TO ANY PERMIT REQUIRED UNDER THE

 6    NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451,

 7    MCL 324.101 TO 324.90106.

 8         (vi) EXTENDING OR ADDING BRANCHES TO AN EXISTING DRAIN TO

 9    RESTORE OR IMPROVE DRAINAGE FOR LANDS WITHIN AN ESTABLISHED

10    DRAINAGE DISTRICT.  ACTIVITY UNDER THIS SUBPARAGRAPH IS SUBJECT

11    TO ANY PERMIT REQUIRED UNDER THE NATURAL RESOURCES AND ENVIRON-

12    MENTAL PROTECTION ACT, 1994 PA 451, MCL 324.101 TO 324.90106.

13         (vii) EXTENDING AN EXISTING DRAIN TO PROVIDE DRAINAGE FOR

14    LANDS NOT PREVIOUSLY WITHIN A DRAINAGE DISTRICT.  ACTIVITY UNDER

15    THIS SUBPARAGRAPH IS SUBJECT TO ANY PERMIT REQUIRED UNDER THE

16    NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451,

17    MCL 324.101 TO 324.90106.

18         (viii) ADDING LANDS TO THE DRAINAGE DISTRICT.

19         (ix) CONSOLIDATING DRAINAGE DISTRICTS.

20         (x) MEASURES THAT ARE INTENDED TO EITHER ENHANCE OR IMPROVE

21    NATURAL RESOURCE VALUES OF THE DRAIN.

22         (xi) REMOVAL AND DISPOSAL OF CONTAMINATED MATERIAL AFTER

23    OBTAINING ALL STATE AND FEDERAL PERMITS.

24         (xii) MEASURES THAT PROVIDE BENEFIT TO THE DESIGNED FUNC-

25    TION, LONGEVITY, OR HYDRAULIC CAPACITY OF THE DRAIN.







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 1         (xiii) MAINTENANCE THAT CANNOT BE PERFORMED UNDER CHAPTER 8

 2    BECAUSE THE ESTIMATED COST OF THE MAINTENANCE EXCEEDS $2,500.00

 3    PER MILE OR FRACTION OF A MILE OF DRAIN IN 1 YEAR.

 4         (K) "IMPROVEMENT" DOES NOT INCLUDE WORK ON A DRAIN IF THE

 5    DRAIN WAS NOT CONSTRUCTED IN WHOLE OR PART, EVEN THOUGH A DRAIN-

 6    AGE DISTRICT FOR THE DRAIN MAY HAVE BEEN LAID OUT AND DESIGNATED

 7    AND THE DRAIN MAY HAVE BEEN ESTABLISHED IN AN ORDER OF

 8    NECESSITY.

 9         (l) "INTERCOUNTY DRAIN" MEANS A DRAIN THAT PROVIDES DRAINAGE

10    OR SERVES LANDS IN MORE THAN 1 COUNTY THAT MAY BE SUBJECT TO

11    ASSESSMENT.

12         (M) "LANDOWNER" MEANS A PERSON HOLDING THE MOST RECENT FEE

13    TITLE OR A LAND CONTRACT VENDEE'S INTEREST IN LAND AS SHOWN BY

14    THE RECORDS OF THE COUNTY REGISTER OF DEEDS.  IF THERE IS MORE

15    THAN 1 PERSON WITH A FEE INTEREST OR LAND CONTRACT VENDEE'S

16    INTEREST IN LAND, EACH SUCH PERSON IS A SEPARATE LANDOWNER.

17         (N) "MAINTENANCE" MEANS 1 OR MORE OF THE FOLLOWING:

18         (i) REGULAR INSPECTION OF A DRAIN.

19         (ii) CLEANING OUT A DRAIN, INCLUDING KEEPING A DRAIN FREE

20    FROM RUBBISH, DEBRIS, SILTATION, OR OBSTRUCTIONS.

21         (iii) EROSION AND SEDIMENTATION REPAIR AND CONTROL.

22         (iv) MAINTENANCE, REPAIR, AND REPLACEMENT OF TILE, CULVERTS,

23    OR FORDS THAT HAVE DIMINISHED THE CAPACITY OF THE DRAIN OR THAT

24    HAVE BECOME UNSTABLE OR UNSAFE.

25         (v) MAINTENANCE AND REPAIR OF LEVEES, DIKES, DAMS, AND

26    RETENTION AND DETENTION BASINS.





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 1         (vi) MAINTENANCE, REPAIR, OR REPLACEMENT OF UTILITY SERVICE

 2    FOR PUMPING STATIONS, SEWAGE TREATMENT FACILITIES, OR MECHANICAL

 3    DEVICES.

 4         (vii) REASONABLE REMOVAL OF OBSTRUCTIONS DOWNSTREAM FOR THE

 5    PURPOSE OF RESTORING ADEQUATE OUTLET FOR LANDS WITHIN AN EXISTING

 6    DRAINAGE DISTRICT, SUBJECT TO SECTION 422.

 7         (O) "MAINTENANCE" DOES NOT MEAN ANY ACTIONS OR ANY CONSTRUC-

 8    TION ACTIVITIES THAT EXCEED THE PRIOR ACTUALLY CONSTRUCTED

 9    DEPTHS, GRADE, OR BOTTOM WIDTHS OF THE DRAIN OR ANY NEW PUMPING

10    STATIONS, DAMS, LEVEES, DIKES, RETENTION BASINS, OR ANY NEW

11    STRUCTURES.

12         (P) "MUNICIPALITY" MEANS A CITY, VILLAGE, OR TOWNSHIP.

13         (Q) "ORDER OF NECESSITY" MEANS AN ORDER UNDER SECTION 54.

14         (R) "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, CORPORATION,

15    ASSOCIATION, GOVERNMENTAL ENTITY, OR OTHER LEGAL ENTITY.

16         (S) "PROJECT" MEANS WORK UNDERTAKEN AS A RESULT OF PETITION

17    AND AN ORDER OF NECESSITY OR UNDERTAKEN AS MAINTENANCE ON A

18    DRAIN.

19         (T) "ROADWAY" MEANS A STATE TRUNK LINE HIGHWAY, COUNTY ROAD,

20    CITY OR VILLAGE STREET, OR A ROAD UNDER THE JURISDICTION OF A

21    TOWNSHIP.

22         (U) "ROADWAY AUTHORITY" MEANS, WITH RESPECT TO A STATE TRUNK

23    LINE HIGHWAY, THE STATE TRANSPORTATION COMMISSION; WITH RESPECT

24    TO A COUNTY ROAD, THE BOARD OF COUNTY ROAD COMMISSIONERS; WITH

25    RESPECT TO A CITY OR VILLAGE STREET, THE CITY OR VILLAGE; AND

26    WITH RESPECT TO A ROAD UNDER TOWNSHIP JURISDICTION, THE

27    TOWNSHIP.



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 1         (V) "SURVEYOR" MEANS A PROFESSIONAL SURVEYOR LICENSED UNDER

 2    ARTICLE 20 OF THE OCCUPATIONAL CODE, 1980 PA 299, MCL 339.2001 TO

 3    339.2014.

 4         Sec. 3.  The word "drain", whenever used in this act, shall

 5     include the main stream or trunk and all tributaries or branches

 6     of any creek or river, any watercourse or ditch, either open or

 7     closed, any covered drain, any sanitary or any combined sanitary

 8     and storm sewer or storm sewer or conduit composed of tile,

 9     brick, concrete, or other material, any structures or mechanical

10     devices, that will properly purify the flow of such drains, any

11     pumping equipment necessary to assist or relieve the flow of such

12     drains and any levee, dike, barrier, or a combination of any or

13     all of same constructed, or proposed to be constructed, for the

14     purpose of drainage or for the purification of the flow of such

15     drains, but shall not include any dam and flowage rights used in

16     connection therewith which is used for the generation of power by

17     a public utility subject to regulation by the public service

18     commission.  A DRAIN MAY BE ESTABLISHED, CONSTRUCTED, MAINTAINED,

19    AND IMPROVED CONSISTENT WITH THE PROVISIONS OF THIS ACT.

20         Sec. 6.  All  established  drains  regularly located and 

21    established  in pursuance of  UNDER law  existing  IN EFFECT at

22    the time of  location and  establishment and visibly in exis-

23    tence,  which were established as drains, and  OR all drains vis-

24    ibly in existence in written drain easements or rights-of-way, on

25    file in the office of the commissioner,  shall be deemed  ARE

26    public drains.  located in public easements or rights-of-way

27     which are valid and binding against any owners of any property



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 1    interest who became or hereafter become such owners after the

 2     location and establishment of the drain or the existence of the

 3     drain became visible or the written drain easement or

 4     right-of-way was executed, and the  THE commissioner or drainage

 5    board may use, enter upon, and preserve  such  THE easement or

 6    right-of-way for maintenance of the  visible  drain and any other

 7    lawful activity with respect to the  same  DRAIN not requiring a

 8    larger or different easement or right-of-way and may exercise any

 9    rights granted in the written easement or right-of-way.  on file

10     in the office of the commissioner.  Easements or rights-of-way

11     ,  or portions of easements or rights-of-way  ,  no longer nec-

12    essary for drainage purposes may be conveyed or released to the

13     fee owners  LANDOWNERS by the commissioner or drainage board on

14    behalf of the drainage district.  The drain commissioner or

15     drainage board shall give at least 30 days' notice of the inten-

16     tion to release the excess easements by publishing a notice in a

17     newspaper of general circulation in the county or a newspaper of

18     general circulation where the drainage district boundaries are

19     located.  This notice shall give a general description of the

20     excess easements to be released and the date any taxpayers may

21     appear to protest said release.  After said date if no protests

22     are received, the drain commissioner or drainage board may

23     release said excess easements or portions thereof not necessary

24     for drainage purposes. 

25         SEC. 7.  (1) FOR THE PURPOSES OF THIS ACT, A COMMISSIONER OR

26    DRAINAGE BOARD MAY ACQUIRE PROPERTY OR A PROPERTY INTEREST,

27    INCLUDING, BUT NOT LIMITED TO, LAND, EASEMENTS, AND RIGHTS OF



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 1    WAY.  THE PROPERTY OR A PROPERTY INTEREST MAY BE ACQUIRED BY

 2    GIFT, GRANT, DEDICATION, PURCHASE, OR CONDEMNATION UNDER THE UNI-

 3    FORM CONDEMNATION PROCEDURES ACT, 1980 PA 287, MCL 213.51 TO

 4    213.77.

 5      (2) A RELEASE OF RIGHT-OF-WAY SHALL DESCRIBE THE LAND TO BE

 6    CONVEYED AND THE PURPOSE FOR WHICH IT MAY BE USED.  THE RELEASE

 7    OF RIGHT-OF-WAY SHALL BE SIGNED AND DATED BY THE PERSON HAVING

 8    THE RIGHT TO CONVEY AND SHALL COMPLY WITH THE FILING REQUIREMENTS

 9    OF THE REGISTER OF DEEDS.  IF A PORTION OF A DRAIN IS LOCATED

10    WITHIN A ROADWAY, OR PUBLIC PLACE, THEN A RESOLUTION OF THE ROAD-

11    WAY AUTHORITY OR THE GOVERNING BODY HAVING JURISDICTION OVER THE

12    PUBLIC PLACE, RESPECTIVELY, GRANTING LEAVE TO CONSTRUCT THE DRAIN

13    THEREIN AND DESIGNATING THE PLACE TO BE TRAVERSED BY THE DRAIN,

14    IS A SUFFICIENT RELEASE OF THE RIGHT-OF-WAY, UNDER THIS ACT.

15         (3) A COUNTY DRAIN OR INTERCOUNTY DRAIN MAY BE LAID WITHIN

16    OR ACROSS THE RIGHT-OF-WAY OF A ROADWAY IF THE COMMISSIONER OR

17    DRAINAGE BOARD, RESPECTIVELY, OBTAINS A PERMIT FROM THE ROADWAY

18    AUTHORITY.

19         (4) IF THE FEDERAL GOVERNMENT IS PARTICIPATING IN A PROJECT

20    UNDER THIS ACT, PROPERTY OR A PROPERTY INTEREST FOR THE PROJECT

21    MAY BE ACQUIRED BY THE FEDERAL GOVERNMENT UNDER APPLICABLE FED-

22    ERAL LAW.  EXCEPT AS PROVIDED IN SECTION 431, THE COST FOR THE

23    FEDERAL GOVERNMENT TO ACQUIRE THE PROPERTY OR A PROPERTY INTEREST

24    SHALL BE CONSIDERED A PART OF THE COST OF THE PROJECT AS IF THE

25    PROPERTY OR A PROPERTY INTEREST WERE ACQUIRED UNDER SUBSECTION

26    (1).





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 1         SEC. 7A.  (1) IF A COMMISSIONER OR DRAINAGE BOARD ACQUIRES

 2    PROPERTY OR AN INTEREST IN PROPERTY AFTER APRIL 15, 1999, THE

 3    COMMISSIONER OR DRAINAGE BOARD SHALL PROMPTLY RECORD THE PROPERTY

 4    OR INTEREST IN PROPERTY IN THE OFFICE OF THE REGISTER OF DEEDS.

 5         (2) AN INTEREST IN PROPERTY ACQUIRED ON OR BEFORE APRIL 15,

 6    1999 SHALL BE RECORDED IN THE OFFICE OF THE REGISTER OF DEEDS BY

 7    JANUARY 1, 2003.

 8         (3) IF A DRAIN IS CONSOLIDATED, ANY EASEMENTS GRANTED TO THE

 9    SEPARATE DRAINAGE DISTRICTS SHALL BE CONSIDERED TO BE ASSIGNED TO

10    THE CONSOLIDATED DRAINAGE DISTRICT WITH FULL FORCE AND EFFECT OF

11    LAW AS ORIGINALLY GRANTED.

12         (4) THE COST OF RECORDING UNDER THIS SECTION SHALL BE PAID

13    BY THE DRAINAGE DISTRICT.

14         SEC. 7B.  THE OWNER OF ANY LAND OVER, THROUGH, OR ACROSS

15    WHICH A DRAINAGE DISTRICT HAS ACQUIRED AN EASEMENT OR

16    RIGHT-OF-WAY FOR THE CONSTRUCTION AND MAINTENANCE OF A DRAIN

17    SHALL NOT USE THE LAND WITHIN THE EASEMENT OR RIGHT-OF-WAY IN ANY

18    MANNER INCONSISTENT WITH THE EASEMENT OR RIGHT-OF-WAY OF THE

19    DISTRICT.  A USE OF THE LAND WITHIN THE EASEMENT OR RIGHT-OF-WAY

20    THAT WILL INTERFERE WITH THE OPERATION OF THE DRAIN OR WILL

21    INCREASE THE COST TO THE DISTRICT OF PERFORMING WORK ON THE DRAIN

22    IS INCONSISTENT WITH THE EASEMENT OR RIGHT-OF-WAY.  A FILTER

23    STRIP IS NOT A USE OF THE LAND IN A MANNER INCONSISTENT WITH AN

24    EASEMENT OR RIGHT-OF-WAY.  A LANDOWNER WHO VIOLATES THIS SECTION

25    IS SUBJECT TO SECTION 421.

26         Sec. 8.  (1)  The  ALL business  which  PERFORMED BY a board

27    or  commission  OTHER BODY created pursuant to this act  , or a



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 1    body of special commissioners appointed pursuant to this act, may

 2     perform  shall be conducted at a public meeting of the board  ,

 3     commission, or body of special commissioners  OR OTHER BODY held

 4    in compliance with  Act No. 267 of the Public Acts of 1976, being

 5     sections 15.261 to 15.275 of the Michigan Compiled Laws  THE OPEN

 6    MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 15.275.  Public notice

 7    of the time, date, and place of the meeting shall be given in the

 8    manner required by  Act No. 267 of the Public Acts of 1976  THE

 9    OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 15.275.

10         (2) IN ADDITION TO THE REQUIREMENTS OF SUBSECTION (1) AND

11    EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, NOTICE OF ANY OF THE

12    FOLLOWING SHALL BE SENT BY FIRST-CLASS MAIL TO ALL LANDOWNERS

13    OTHER THAN MUNICIPALITIES SUBJECT TO AN ASSESSMENT IN THE DRAIN-

14    AGE DISTRICT OR PROPOSED DRAINAGE DISTRICT AT THE ADDRESS IN THE

15    LAST CITY, VILLAGE, OR TOWNSHIP TAX ASSESSMENT ROLL:

16         (A) HEARINGS FOR THE BOARD OF DETERMINATION OR BOARD OF

17    REVIEW AND MEETINGS FOR THE DAY OF REVIEW OR THE REAPPORTIONMENT

18    OF BENEFITS.

19         (B) THE FILING OF OBJECTIONS TO THE ESTABLISHMENT OF A

20    DRAINAGE DISTRICT AND THE ESTABLISHMENT AND CONSTRUCTION OF A

21    DRAIN UNDER SECTION 51C(3).

22         (C) HEARINGS OF THE DRAINAGE BOARD.

23         (D) AN ORDER UNDER SECTION 51 OR 53 REJECTING A PETITION.

24         (E) THE REVIEW OF APPORTIONMENTS.

25         (F) AN ORDER UNDER SECTION 163 GRANTING OR DENYING A PETI-

26    TION FOR REAPPORTIONMENT OF BENEFITS.





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 1         (G) A FINAL DECISION OF THE BOARD OF REVIEW.

 2         (3) IF A MUNICIPALITY MAY BE SUBJECT TO AN ASSESSMENT FOR

 3    THE DRAIN, NOTICE SHALL BE PERSONALLY DELIVERED OR SENT BY

 4    FIRST-CLASS MAIL TO THE GOVERNING BODY OF THE MUNICIPALITY.

 5    NOTICE SHALL ALSO BE PERSONALLY DELIVERED OR SENT BY FIRST-CLASS

 6    MAIL TO THE DIRECTOR OF AGRICULTURE, THE DIRECTOR OF THE STATE

 7    TRANSPORTATION DEPARTMENT, THE DIRECTOR OF THE DEPARTMENT OF NAT-

 8    URAL RESOURCES, THE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL

 9    QUALITY, AND THE BOARD OF COUNTY ROAD COMMISSIONERS, THE GOVERN-

10    ING BODY OF EACH MUNICIPALITY IN WHICH LIE LANDS THAT ARE SUBJECT

11    TO ASSESSMENT FOR THE PROJECT OR THAT ARE LOCATED DOWNSTREAM OF

12    THE PROJECT, AND THE DIRECTOR OF EACH SOIL CONSERVATION DISTRICT

13    IN THE WATERSHED WHERE THE DRAIN IS PROPOSED TO BE LOCATED.

14         (4) THE NOTICE SHALL BE MAILED AS FOLLOWS:

15         (A) FOR A HEARING UNDER SECTION 467 OR 469, NOT LESS THAN 21

16    DAYS BEFORE THE DATE OF THE HEARING.

17         (B) FOR ANY OTHER PROCEEDING, NOT LESS THAN 28 DAYS BEFORE

18    THE DATE OF THE PROCEEDING.

19         (C) FOR THE FILING OF OBJECTIONS TO THE ESTABLISHMENT OF A

20    DRAINAGE DISTRICT AND THE ESTABLISHMENT AND CONSTRUCTION OF A

21    DRAIN UNDER SECTION 51C(3), NOT MORE THAN 21 DAYS AFTER THE

22    OBJECTIONS ARE FILED.

23         (D) FOR AN ORDER UNDER SECTION 51 OR 53 REJECTING A PETITION

24    OR AN ORDER UNDER SECTION 163 GRANTING OR DENYING A PETITION FOR

25    REAPPORTIONMENT OF BENEFITS, NOT MORE THAN 14 DAYS AFTER ENTRY OF

26    THE ORDER.





   06729'98
                                  16

 1         (E) FOR NOTICE OF A FINAL DECISION OF THE BOARD OF REVIEW,

 2    NOT MORE THAN 14 DAYS AFTER THE COMMISSIONER RECEIVES THE

 3    DECISION.

 4         (5) THE PERSON GIVING NOTICE SHALL MAKE AN AFFIDAVIT OF THE

 5    MAILING AND SHALL RECITE IN THE AFFIDAVIT THAT THE PERSONS TO

 6    WHOM THE NOTICE WAS MAILED CONSTITUTE ALL OF THE PERSONS WHOSE

 7    NAMES AND ADDRESSES APPEAR UPON THE TAX ROLLS AS OWNING LAND

 8    WITHIN THE DRAINAGE DISTRICT OR PROPOSED DRAINAGE DISTRICT.  THE

 9    AFFIDAVIT OF MAILING IS PROOF THAT NOTICE WAS MAILED ACCORDING TO

10    THIS ACT.  FAILURE TO RECEIVE A NOTICE BY MAIL IS NOT A JURISDIC-

11    TIONAL DEFECT INVALIDATING A DRAIN PROCEEDING OR SPECIAL ASSESS-

12    MENT IF NOTICE HAS BEEN SENT AS PROVIDED IN THIS ACT.

13         (6) THE NOTICE DESCRIBED IN SUBSECTION (2) SHALL BE POSTED

14    IN THE OFFICE OF EACH COMMISSIONER INVOLVED BY THE DATE BY WHICH

15    PUBLICATION IS FIRST REQUIRED.

16         (7) NOTICE OF A PUBLIC HEARING DESCRIBED IN SUBSECTION (2)

17    SHALL BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE

18    DRAINAGE DISTRICT.  THE NOTICE SHALL BE PUBLISHED AT LEAST TWICE,

19    WITH THE FIRST PUBLICATION NOT LESS THAN 21 DAYS BEFORE THE DATE

20    OF THE HEARING AND THE SECOND PUBLICATION NOT LESS THAN 14 DAYS

21    BEFORE THE DATE OF THE HEARING.

22         (8) NOTICE OF A PUBLIC HEARING DESCRIBED IN SUBSECTION (2)

23    SHALL SET FORTH THE TIME, DATE, PLACE, AND PURPOSE OF THE

24    HEARING.  THE NOTICE SHALL EXPLAIN THE CONSEQUENCE OF ANY OF THE

25    DECISIONS MADE AT THE HEARING AND SHALL SPECIFY ANY APPEAL PERIOD

26    FOR THE ACTION TAKEN.  IF THE HEARING IS FOR THE DRAINAGE BOARD

27    OR BOARD OF DETERMINATION, DAY OF REVIEW, OR BOARD OF REVIEW, THE



   06729'98
                                  17

 1    NOTICE SHALL INCLUDE THE NAME, ADDRESS, AND TELEPHONE NUMBER OF

 2    THE COMMISSIONER IN THE COUNTY WHERE THE PROCEEDING WILL TAKE

 3    PLACE.

 4         (9) IF THE HEARING IS A HEARING UNDER SECTION 51C, THE

 5    NOTICE SHALL DO ALL OF THE FOLLOWING:

 6         (A) STATE THAT LANDOWNERS WHOSE LANDS WOULD BE LIABLE TO

 7    ASSESSMENT WILL HAVE AN OPPORTUNITY AT THE HEARING TO SIGN THE

 8    PETITION OR TO SIGN A STATEMENT OPPOSING THE PROJECT.

 9         (B) INCLUDE THE INFORMATION SET FORTH IN THE PETITION UNDER

10    SECTION 51(4)(C) TO (F).

11         (C) INCLUDE ANY REQUEST OR PROPOSAL SET FORTH IN THE PETI-

12    TION UNDER SECTION 51(5).

13         (D) STATE THAT COPIES OF THE PETITION ARE AVAILABLE UPON

14    REQUEST FROM THE OFFICE OF THE COMMISSIONER.

15         (10) IF THE HEARING IS A HEARING UNDER SECTION 51C OR 53,

16    THE NOTICE SHALL STATE THAT THE PETITION IS ON FILE AT THE OFFICE

17    OF THE RESPONSIBLE COMMISSIONER, INDICATE THAT COPIES OF THE

18    PETITION ARE AVAILABLE, SET FORTH THE REASONS FOR THE REQUESTED

19    PROJECT AS STATED IN THE PETITION, AND DESCRIBE THE SPECIFIC

20    PROBLEM TO BE ADDRESSED AS STATED IN THE PETITION.  IF THE HEAR-

21    ING IS A HEARING OF PRACTICABILITY OR A HEARING OF NECESSITY OF

22    THE DRAINAGE BOARD, THE NOTICE SHALL INCLUDE THE NAME, ADDRESS,

23    AND TELEPHONE NUMBER OF EACH OF THE MEMBERS OF THE DRAINAGE

24    BOARD.

25         (11)  (2)  A writing prepared, owned, used, in the posses-

26    sion of, or retained by a board, commission, or advisory

27    committee created pursuant to this act, or a commissioner



   06729'98
                                  18

 1    appointed pursuant to this act, in the performance of an official

 2    function shall be made available to the public in compliance with

 3     Act No. 442 of the Public Acts of 1976, being sections 15.231 to

 4     15.246 of the Michigan Compiled Laws  THE FREEDOM OF INFORMATION

 5    ACT, 1976 PA 442, MCL 15.231 TO 15.246.

 6         (12) A BOARD OF DETERMINATION FOR A COUNTY DRAIN SHALL

 7    PROMPTLY PROVIDE TO THE COMMISSIONER OF THAT COUNTY, AND A DRAIN-

 8    AGE BOARD SHALL PROMPTLY PROVIDE TO EACH COMMISSIONER WHO IS A

 9    MEMBER OF THE DRAINAGE BOARD, A COPY OF EACH PETITION, REPORT,

10    ANALYSIS, DETERMINATION, NOTICE, OR OTHER RECORD CREATED OR

11    RECEIVED BY THE BOARD OF DETERMINATION OR DRAINAGE BOARD IN THE

12    EXERCISE OF ITS POWERS OR THE DISCHARGE OF ITS DUTIES UNDER THIS

13    ACT.  A COMMISSIONER SHALL FILE IN HIS OR HER OFFICE EACH PETI-

14    TION, REPORT, ANALYSIS, DETERMINATION, NOTICE, OR OTHER RECORD

15    CREATED OR RECEIVED BY THE COMMISSIONER IN THE EXERCISE OF THE

16    COMMISSIONER'S POWERS OR THE DISCHARGE OF THE COMMISSIONER'S

17    DUTIES UNDER THIS ACT.  A COMMISSIONER IS SUBJECT TO SECTION 491

18    OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.491.

19         Sec. 10.  (1) Drains may be laid or extended into or along

20    or from any lake or other body of water surrounded wholly or in

21    part by a swamp, marsh or other low lands for the general purpose

22    of drainage contemplated by this act, but not so as to impair the

23    navigation of any navigable river.  ACTIVITY UNDER THIS SUBSEC-

24    TION IS SUBJECT TO ANY PERMIT REQUIRED UNDER THE NATURAL

25    RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL

26    324.101 TO 324.90106.





   06729'98
                                  19

 1          Any meeting called pursuant to the provisions of this act,

 2     unless otherwise provided, may be adjourned from time to time by

 3     public announcement thereof and no advertisement of the time of

 4     said adjournment shall be required. 

 5         (2) The commissioner shall have jurisdiction over all estab-

 6    lished county drains within his OR HER county, heretofore estab-

 7    lished and now in the process of being established except that in

 8    the case of a drain located or to be located entirely within a

 9    single city or village, such jurisdiction shall be consented to

10    by resolution of the governing body of such city or village.

11          If any drainage project lies entirely within the limits of

12     a municipality less than a county, such municipality, by its gov-

13     erning body, shall have the power to pledge the full faith and

14     credit of the municipality for the payment of bonds or drain

15     orders issued in connection with such project, and if a defi-

16     ciency exists in the drain fund or sinking fund for said drain 1

17     year after the last installment of the deficiency assessment pro-

18     vided for in section 280 of this act, shall have become delin-

19     quent, such municipality shall forthwith advance to the county

20     drain fund the amount of such deficiency and thereafter all

21     receipts of such drain fund from the sale of delinquent tax

22     lands, which had been assessed for said drain, shall be paid to

23     the municipality within 90 days after receipt by the county

24     treasurer. 

25         Sec. 12.  Except as provided in section 8,  when  IF a time

26    is specified in this act in which the  drain  commissioner or a

27    drainage board shall take a specified administrative action or a



   06729'98
                                  20

 1    procedural step, the specification of time  shall be considered 

 2    IS directory and not mandatory, and failure to take the action or

 3    step within the time specified  shall  DOES not affect the legal-

 4    ity and validity of a drain proceeding.  Where  IF the specifi-

 5    cation of time relates to the giving of notice, the filing of

 6    objections, the taking of an appeal, the commencement of an

 7    action in a court, the taking of an action or step in the assess-

 8    ment, levy, or collection of drain assessments  , taxes  or other

 9    charges, or to a requirement of due process, the specification of

10    time  shall be considered  IS mandatory if so provided in this

11    act.

12         SEC. 13.  (1) THE DIRECTOR OF AGRICULTURE MAY DESIGNATE AN

13    INDIVIDUAL TO ACT IN HIS OR HER STEAD IN RESPECT TO THE PER-

14    FORMANCE OF DUTIES UNDER THIS ACT.  IF ANY DEPUTY OR ASSISTANT SO

15    ACTS, IT SHALL BE CONCLUSIVELY PRESUMED THAT HE OR SHE WAS PROP-

16    ERLY DESIGNATED BY THE DIRECTOR OF AGRICULTURE.  ANY OFFICIAL

17    PROCEEDINGS MAY BE SIGNED BY THE DESIGNEE IN HIS OR HER OWN

18    NAME.  THE SIGNATURE OF THE DESIGNEE SHALL BE FOLLOWED BY HIS OR

19    HER OFFICIAL TITLE.  IF AN INDIVIDUAL IS DESIGNATED BY THE DIREC-

20    TOR OF AGRICULTURE TO ACT IN HIS OR HER STEAD IN CONNECTION WITH

21    ALL THE PROCEEDINGS AS TO ANY PROJECT, THEN ANY NOTICE REQUIRED

22    TO BE SERVED UPON OR MAILED TO THE DIRECTOR OF AGRICULTURE MAY BE

23    SERVED UPON OR MAILED TO THE DESIGNEE.

24         (2) EXPENSES INCURRED BY THE DIRECTOR OF AGRICULTURE UNDER

25    THIS ACT SHALL BE ASSUMED BY THE DEPARTMENT OF AGRICULTURE.

26         SEC. 14.  FOR A MUNICIPALITY TO BE A PETITIONER UNDER THIS

27    ACT, THE PETITION SHALL BE AUTHORIZED BY RESOLUTION OF THE



   06729'98
                                  21

 1    GOVERNING BODY AND SIGNED ON BEHALF OF THE MUNICIPALITY BY AN

 2    OFFICER DESIGNATED BY THE GOVERNING BODY.  A CERTIFIED COPY OF

 3    THE RESOLUTION SHALL BE ATTACHED TO THE PETITION.

 4         SEC. 15.  (1) EACH COMMISSIONER, EACH DRAINAGE BOARD, AND

 5    THE DIRECTOR OF AGRICULTURE SHALL DO ALL OF THE FOLLOWING:

 6         (A) PROTECT WATER QUALITY, HEADWATERS, AND TRIBUTARIES.

 7         (B) AVOID CHANNELIZATION EXCEPT WHEN ABSOLUTELY NECESSARY.

 8         (C) INCORPORATE FLOW PATTERNS INTO CRITERIA FOR DRAIN DESIGN

 9    AND STORM WATER MANAGEMENT.

10         (D) MAKE ON-SITE RETENTION OF STORM WATER A PRIORITY.

11         (2) A COMMISSIONER SHALL WORK WITH MUNICIPALITIES WITHIN THE

12    COMMISSIONER'S COUNTY TO DEVELOP STORM WATER MANAGEMENT ORDI-

13    NANCES REQUIRING ON-SITE MANAGEMENT PRACTICES MINIMIZING THE NEED

14    FOR EXPENSIVE REMEDIAL WORKS.  A COMMISSIONER SHALL CONSIDER

15    WATER RETENTION AND FILTRATION QUALITIES FOR HIGH-FLOW CONDITIONS

16    AND NATURAL WATER QUALITY FILTRATION AS PART OF STORM WATER MAN-

17    AGEMENT SYSTEMS.  A COMMISSIONER MAY IMPLEMENT WATERSHED PLANS

18    AND CREATE DATABASES AND MAPS OF CURRENT AND PROPOSED IMPERVIOUS

19    SURFACES AND ASSIST MUNICIPALITIES TO TAKE PREVENTATIVE STEPS TO

20    LIMIT RUNOFF OF STORM WATER.

21         (3) THE DIRECTOR OF AGRICULTURE, THE DEPARTMENT OF ENVIRON-

22    MENTAL QUALITY, AND THE DEPARTMENT OF NATURAL RESOURCES SHALL

23    COOPERATIVELY UNDERTAKE STORM WATER MANAGEMENT PLANNING THAT

24    EMPHASIZES WATER QUALITY AS A TOP PRIORITY.

25         (4) IF THE DEPARTMENT OF ENVIRONMENTAL QUALITY APPROVES A

26    WATERSHED PLAN, THE DEPARTMENT OF ENVIRONMENTAL QUALITY SHALL

27    PROMPTLY SEND A COPY OF THE PLAN TO EACH COMMISSIONER WITHIN



   06729'98
                                  22

 1    WHOSE COUNTY THE WATERSHED LIES.  WITHIN 60 DAYS AFTER RECEIPT OF

 2    A COPY OF THE PLAN, THE COMMISSIONER SHALL ENTER AN ORDER APPROV-

 3    ING OR DISAPPROVING THE PLAN AND SEND A COPY OF THE ORDER TO THE

 4    DEPARTMENT OF ENVIRONMENTAL QUALITY.  AN ORDER DISAPPROVING THE

 5    PLAN SHALL STATE THE SPECIFIC REASONS FOR DISAPPROVAL.  IF THE

 6    COMMISSIONER APPROVES THE PLAN, THE COMMISSIONER SHALL CARRY OUT

 7    HIS OR HER POWERS AND DUTIES UNDER THIS ACT IN A MANNER CONSIS-

 8    TENT WITH THE PLAN.  THE DISAPPROVAL OF THE PLAN BY THE COMMIS-

 9    SIONER HAS NO LEGAL EFFECT OTHER THAN THAT THE COMMISSIONER NEED

10    NOT CARRY OUT HIS OR HER POWERS AND DUTIES UNDER THIS ACT IN A

11    MANNER CONSISTENT WITH THE PLAN, UNLESS OTHERWISE REQUIRED BY

12    LAW.

13         (5) THE NATURAL RESOURCE CONSERVATION SERVICE, THE DEPART-

14    MENT OF ENVIRONMENTAL QUALITY, AND EACH COUNTY ENFORCING AGENCY,

15    LOCAL ENFORCING AGENCY, AND AUTHORIZED PUBLIC AGENCY WITH JURIS-

16    DICTION IN A WATERSHED SHALL COOPERATIVELY DEVELOP A UNIFORM SOIL

17    EROSION AND SEDIMENTATION CONTROL PROGRAM THROUGHOUT THE

18    WATERSHED.  AS USED IN THIS SUBSECTION, "COUNTY ENFORCING

19    AGENCY", "LOCAL ENFORCING AGENCY", AND "AUTHORIZED PUBLIC AGENCY"

20    MEAN THOSE TERMS AS DEFINED IN PART 91 OF THE NATURAL RESOURCES

21    AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.9101 TO

22    324.9123.

23         (6) BY FEBRUARY 1 OF EACH YEAR, EACH COMMISSIONER AND DRAIN-

24    AGE BOARD SHALL SUBMIT A REPORT TO THE DEPARTMENT OF ENVIRONMEN-

25    TAL QUALITY ON THE STATUS OF SOIL EROSION AND SEDIMENTATION CON-

26    TROL IN EACH DRAINAGE DISTRICT UNDER THE JURISDICTION OF THAT

27    COMMISSIONER OR DRAINAGE BOARD.



   06729'98
                                  23

 1         (7) EACH COMMISSIONER SHALL REPORT INDICATIONS OF BACTERIAL

 2    CONTAMINATION IN A DRAIN IN THAT COMMISSIONER'S COUNTY TO THE

 3    COUNTY HEALTH DEPARTMENT IN WRITING AND MAINTAIN A COPY OF THE

 4    REPORT IN THE COMMISSIONER'S OFFICE.

 5                              CHAPTER 2  . 

 6                      COUNTY DRAIN  COMMISSIONER  . 

 7         Sec. 21.  (1)  At  SUBJECT TO THIS SECTION, AT the general

 8    election to be held in November  , 1976  2000, and each fourth

 9    year after November  , 1976  2000, a  county drain  commissioner

10    shall be elected in each county having a  drain  commissioner by

11    the qualified electors of the county.  The term of office of

12     the  A commissioner shall begin on the January 1 following the

13     drain  commissioner's election and continue for a period of 4

14    years and until his or her successor is elected and qualified,

15    whichever occurs earlier.

16         (2) As determined by the county board of commissioners, the

17     county drain  commissioner shall be covered by a blanket bond

18    or, before entering upon the duties of office, shall execute and

19    file with the county clerk a bond to the people of the state in

20    the penal sum of  $5,000.00  $100,000.00, issued by a surety com-

21    pany licensed to do business in this state, conditioned upon the

22    faithful discharge of the duties of the office.  The county board

23    of commissioners may fix the individual bond to be required of

24    the commissioner at a different amount if, in its judgment, that

25    is desirable.

26         (3) The county board of commissioners of a county having a

27    population of less than 12,000, by resolution of a 2/3 vote of



   06729'98
                                  24

 1    the members elect, may abolish the office of  county drain 

 2    commissioner and transfer the powers and duties of the office to

 3    the board of county road commissioners.

 4         (4) If a county establishes a department of public works

 5    pursuant to  Act No. 185 of the Public Acts of 1957, as amended,

 6     being sections 123.731 to 123.786 of the Michigan Compiled Laws 

 7    1957 PA 185, MCL 123.731 TO 123.786, or a public improvement

 8    agency with the  drain  commissioner designated as the county

 9    agent pursuant to the county public improvement act of 1939,  Act

10     No. 342 of the Public Acts of 1939, as amended, being sections

11     46.171 to 46.188 of the Michigan Compiled Laws  1939 PA 342,

12    MCL 46.171 TO 46.188, the county board of commissioners, by reso-

13    lution of a 2/3 vote of the members elected and serving, may com-

14    bine the powers, duties, and functions set forth in  Act No. 185

15     of the Public Acts of 1957, as amended, Act No. 342 of the Public

16     Acts of 1939, as amended  1957 PA 185, MCL 123.731 TO 123.786,

17    THE COUNTY PUBLIC IMPROVEMENT ACT OF 1939, 1939 PA  342,

18    MCL 46.171 TO 46.188, and this act into 1 county department

19    headed by a public works commissioner.  The public works commis-

20    sioner shall be elected in the same manner and for the same term

21    as a  drain  commissioner.  and shall carry out the powers and

22     duties of a drain commissioner. 

23         (5) A resolution provided for in subsection (4) may not be

24    adopted unless the county board of commissioners has first held

25    at least 1  generally publicized  public hearing on the

26    resolution.  NOTICE OF THE HEARING SHALL BE PUBLISHED AS PROVIDED

27    IN SECTION 8(3).



   06729'98
                                  25

 1         (6) Not less than 3 years after a county establishes the

 2    office of public works commissioner pursuant to subsections (4)

 3    and (5), or a public improvement agency, the county board of com-

 4    missioners, by resolution approved by a 2/3 vote of the members

 5    elected and serving, may abolish the office of public works com-

 6    missioner not less than 6 months before the next primary election

 7    for that office.  The office of public works commissioner shall

 8    be abolished in the county effective  180  182 days after a reso-

 9    lution is adopted pursuant to this subsection.  The office shall

10    then be referred to as the  drain  commissioner and the person in

11    office at the time a resolution of abolishment is passed shall

12    fulfill the remainder of the term of office until the next gen-

13    eral election.

14         (7)  A  IN A county that is organized under  Act No. 293 of

15     the Public Acts of 1966, being sections 45.501 to 45.521 of the

16     Michigan Compiled Laws  1966 PA 293, MCL 45.501 TO 45.521, whose

17    charter prescribes an elected county executive, and which county

18    has a population of more than 2,000,000 at the time the charter

19    is adopted,  shall be governed by section 21a in place of this

20     section  THE POWERS AND DUTIES OF THE COMMISSIONER, UNDER THIS

21    ACT, SHALL BE PERFORMED BY A PERSON OR PERSONS DESIGNATED UNDER

22    THE COUNTY'S CHARTER.

23         Sec. 23.  The commissioner shall have jurisdiction over all

24    COUNTY drains within  his  THE county, including those

25     heretofore established and now  in THE process of  construction 

26    BEING ESTABLISHED OR CONSTRUCTED.  Drains extending into more

27    than 1 county  ,  or affecting lands in more than 1 county  , 



   06729'98
                                  26

 1    ARE UNDER THE JURISDICTION OF THE DRAINAGE BOARD AND shall be

 2    established and constructed in accordance with the provisions of

 3    this act regulating the establishment and construction of drains

 4    traversing more than 1 county or affecting lands in more than 1

 5    county.  Nothing in this act shall be construed as depriving a

 6     drain  THE commissioner OF A COUNTY IS NOT DEPRIVED of jurisdic-

 7    tion  or as making any drain  OVER A DRAIN AND THE DRAIN DOES NOT

 8    BECOME an intercounty drain, merely because  a  THE drain extends

 9    into another county for the purpose of securing a proper outlet

10    and not for the purpose of draining any lands in the other

11    county,  :  Provided, such  IF THE extension is approved by the

12     drain  commissioners and the COUNTY board of  supervisors 

13    COMMISSIONERS of each affected county.  The portion of  any such 

14    THE drain extending into another county shall not be considered

15    in determining the number of signers required  to  FOR a

16    petition.  to locate, establish and construct. 

17         Sec. 24.  (1) THE COUNTY BOARD OF COMMISSIONERS MAY EMPLOY

18    AN ENGINEER WHO SHALL PERFORM UNDER THIS ACT THE SERVICES

19    REQUIRED TO BE PERFORMED BY AN ENGINEER OR SURVEYOR AS MAY BE

20    DIRECTED BY THE COMMISSIONER.

21         (2) A commissioner may appoint a deputy or deputies  , if

22     the county board of commissioners approves,  and may revoke the

23    appointment at pleasure.  The appointment shall be made in writ-

24    ing and filed with the clerk of the county.  TO THE EXTENT AUTHO-

25    RIZED BY THE COMMISSIONER, A DEPUTY MAY EXECUTE THE POWERS AND

26    DUTIES OF A COMMISSIONER UNDER THIS ACT. If the commissioner is

27    unable to execute the duties of office, the deputy or deputies



   06729'98
                                  27

 1    shall execute or assist in the execution of the duties of the

 2     county drain  commissioner.  assigned by the county drain

 3     commissioner.  As determined by the county board of commission-

 4     ers, the deputy or deputies, either shall be covered by a blanket

 5     bond or shall file a bond with and to be approved by the commis-

 6     sioner in a sum not to exceed $5,000.00, conditioned upon the

 7     faithful discharge of the deputy's or deputies' duties.  If the

 8    commissioner dies during his or her term, the deputy commissioner

 9    shall have all of the powers and be charged with all of the

10    duties of a commissioner until a commissioner is appointed or

11    elected.

12         (3) AS DETERMINED BY THE COUNTY BOARD OF COMMISSIONERS, THE

13    DEPUTY OR DEPUTIES EITHER SHALL BE COVERED BY A BLANKET BOND OR

14    SHALL FILE WITH THE COMMISSIONER A BOND TO BE APPROVED BY THE

15    COMMISSIONER IN A SUM NOT TO EXCEED $100,000.00, CONDITIONED ON

16    THE FAITHFUL DISCHARGE OF THE DUTIES OF THE DEPUTY OR DEPUTIES.

17         Sec. 25.  (1) The commissioner and  his bondsmen shall be 

18    THE SURETIES ON THE INDIVIDUAL OR BLANKET BONDS COVERING THE COM-

19    MISSIONER AND DEPUTY ARE liable for all the acts and defaults of

20     the  A deputy  or deputies when  appointed as  herein  provided

21    IN SECTION 24.  After entry of the order  designating drainage

22     districts as provided in section 54 and section 105 of this act 

23    ESTABLISHING A DRAINAGE DISTRICT, the drainage district as desig-

24    nated  shall be responsible for and  IS liable for all acts and

25    defaults of  such  THE commissioner  and his  OR A deputy,  or

26     deputies,  except for acts of malfeasance or misfeasance.  THE

27    COMMISSIONER IS LIABLE ON THE BLANKET BOND OR HIS OR HER



   06729'98
                                  28

 1    INDIVIDUAL BOND FOR GROSS NEGLECT OF DUTY OR A MISAPPLICATION OF

 2    MONEY COMING UNDER HIS OR HER CONTROL AS COMMISSIONER.

 3         (2) The COUNTY board of  supervisors  COMMISSIONERS may

 4    adopt resolutions providing that public liability or other insur-

 5    ance may be purchased at the expense of the county to cover such

 6    potential liabilities of the  various  drainage districts under

 7    the supervision of the  county drain  commissioner.

 8         Sec. 26.  Each deputy commissioner shall receive  such  THE

 9    salary or compensation  as the  DETERMINED BY THE COUNTY board of

10     supervisors shall allow  COMMISSIONERS and all traveling

11    expenses actually and necessarily spent  by him  in the discharge

12    of his OR HER duties as prescribed in this act.  ; he shall make

13     a report to the commissioner of all work performed by him on or

14     before the first Saturday of each month and an annual report on

15     or before the second Wednesday in September of each year. 

16         Sec. 27.  (1)  County clerks, or the board of auditors in

17     counties having such boards, shall be authorized, and it shall be

18     their duty to procure, at the expense of their respective coun-

19     ties, the necessary books, blanks and stationery for the use of

20     said commissioners; and each commissioner shall furnish upon

21     request blank applications or petitions to any person who may

22     desire to file the same under this act.  The  AT THE EXPENSE OF

23    THE COUNTY AND SUBJECT TO COUNTY APPROPRIATIONS, THE office of

24    the commissioner shall be furnished  at the expense of the county

25     by the board of supervisors, or by the board of auditors in coun-

26     ties having such boards, and shall be maintained at the county

27     seat, in which said office said commissioner shall be and remain



   06729'98
                                  29

 1    at least 1 day per week such day to be painted on the door of the

 2     commissioner's office and printed or stamped on his stationery. 

 3    WITH NECESSARY SUPPLIES, EQUIPMENT, AND FACILITIES, WHICH MAY, IN

 4    THE JUDGMENT OF THE COUNTY BOARD OF COMMISSIONERS, INCLUDE ANY OF

 5    THE FOLLOWING:

 6         (A) BOOKS, BLANKS, DOCUMENTS, STATIONERY, AND OFFICE

 7    SUPPLIES.

 8         (B) OFFICE EQUIPMENT NECESSARY TO MAKE PROFILES, BLUEPRINTS,

 9    AND SPECIFICATIONS IN ANY DRAINAGE DISTRICT, WORD PROCESSING

10    EQUIPMENT, AND MAPPING AND ASSESSING EQUIPMENT.

11         (C) SPACE AND FACILITIES TO FILE, PRESERVE, AND RETAIN FIELD

12    NOTES, BLUEPRINTS, PROFILES, ESTIMATES, AND ALL OTHER RECORDS.

13         (2) THE OFFICE OF THE COMMISSIONER SHALL BE MAINTAINED AT

14    THE COUNTY SEAT OR AT FACILITIES OUTSIDE THE COUNTY SEAT WHERE

15    OTHER COUNTY OFFICES ARE LOCATED.

16         Sec. 28.  (1)  Each  SUBJECT TO SUBSECTION (2), A commis-

17    sioner shall receive an annual salary  to be paid at other county

18     officers are paid, the  AND FRINGE BENEFITS AS DETERMINED BY

19    COUNTY APPROPRIATIONS. THE amount of the salary  to  AND FRINGE

20    BENEFITS SHALL be fixed by the county board of commissioners

21    before November 1 of each year AND SHALL BE PAID FROM THE GENERAL

22    FUND OF THE COUNTY in the same manner AND AT THE SAME TIME as the

23    salaries AND FRINGE BENEFITS of other county officers are fixed

24    AND PAID.  The  A COMMISSIONER'S salary AND FRINGE BENEFITS may

25    be increased but shall not be decreased during  his or her  THE

26    term of office.  , and in addition, each commissioner shall be

27     allowed  THE COUNTY SHALL PAY A COMMISSIONER FOR his or her



   06729'98
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 1    actual necessary expenses, including traveling expenses incurred

 2    in the discharge of the duties of the office.  , including all

 3     actual and necessary expense for clerk hire and recording by the

 4     county board of commissioners or board of county auditors to be

 5     paid by the county.  The expense account shall be an itemized

 6    account.  and verified by oath taken before a proper officer. 

 7    The amounts paid to the commissioner for salary and expenses

 8    shall be in full for all services rendered by the commissioner

 9    and all expenses incurred in the performance of the duties of the

10    office.

11         (2)  Notwithstanding subsection (1), for  IF a county

12     which  has a county officers compensation commission, the com-

13    pensation for  each county drain  THE commissioner shall be

14    determined by that commission UNDER 1978 PA 485, MCL 45.471 TO

15    45.477.  A change in compensation for a county drain commis-

16     sioner of a county which has a county officers compensation com-

17     mission shall commence at the beginning of the first odd numbered

18     year after the determination is made by the county officers com-

19     pensation commission and is not rejected. 

20         Sec. 29.  The county shall furnish the commissioner with

21     all necessary books and papers for use in the survey, and such

22     office equipment as shall be necessary in making profiles, blue-

23     prints and specifications in any drainage district.  The surveyor

24     or engineer shall file with the commissioner all field notes,

25     blueprints, profiles, estimates and all other papers in his pos-

26     session relating to said drain.  The board of supervisors of any

27     county may employ an engineer who shall perform under this act



   06729'98
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 1    the services required to be performed by an engineer or

 2     surveyor.  THE COMMISSIONER'S OFFICE SHALL FURNISH TO ANY PERSON,

 3    WHO MAY SO DESIRE, DOCUMENTS AS MAY BE REQUIRED TO IMPLEMENT THE

 4    PROCEDURES OF THIS ACT, AND THE COMMISSIONER MAY ASSIST IN THE

 5    PREPARATION OF SUCH DOCUMENTS AS MAY BE REQUIRED TO IMPLEMENT THE

 6    PROCEDURES OF THIS ACT.

 7         Sec. 30.  It shall be the duty of each commissioner to make

 8  and keep  A COMMISSIONER SHALL MAINTAIN a full financial state-

 9    ment of each drainage district.  The commissioner shall also make

10    and keep in  his  THE COMMISSIONER'S office  in a book to be pro-

11     vided for that purpose  a complete record of each drainage

12    district.  , which  THE record shall include a copy of  the  ANY

13    application for laying out and designating  such  THE district

14    UNDER FORMER PROVISIONS OF THIS ACT, of the petition for the

15    drain, of the minutes of the survey, of the releases of the

16    right-of-way where the same have been released, of the  orders of

17     determination of the necessity for and of the establishment of

18     the drain  ORDER ESTABLISHING THE DRAINAGE DISTRICT AND THE ORDER

19    OF NECESSITY, and of the apportionment and assessment of benefits

20    therefor  .  Where special commissioners have been called, it

21     shall also contain a copy of the application to the probate

22     court, of the return of the special commissioners  and of all

23    other  papers  RECORDS in  his  THE office necessary to show a

24    complete history of each drainage district, all of which said

25    original  papers  RECORDS shall then be enrolled and filed in the

26    office of the  county drain  commissioner.  No drain tax shall





   06729'98
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 1    be spread until all the records required have been deposited and

 2     filed in the office of the county drain commissioner. 

 3         Sec. 31.  (1) Each  IF REQUESTED BY THE COUNTY BOARD OF

 4    COMMISSIONERS, A commissioner shall make a report to the county

 5    board of commissioners at its annual meeting in October of the

 6    drainage districts  laid out, the drains constructed, finished,

 7     or begun  ESTABLISHED AND THE DRAINS ESTABLISHED AND CONSTRUCTED

 8    under his or her supervision during the year ending October 1,

 9    and  the commissioner  shall  also  submit to the board a full

10    financial statement of each drainage district.  THE REPORTS ARE

11    INTENDED TO BE ADVISORY AND NOT A PREREQUISITE TO THE SPREAD OF

12    ANY SPECIAL ASSESSMENTS UNDER THIS ACT.  THE FAILURE TO SUBMIT A

13    REPORT DOES NOT CONSTITUTE A DEFECT INVALIDATING A DRAIN PROCEED-

14    ING OR SPECIAL ASSESSMENT. If authorized by resolution of the

15    county board of commissioners, the report shall be made before

16    April 2 of each year and shall cover the preceding calendar

17    year.  The commissioner shall also make reports and furnish

18    information as required by the director of  the department of 

19    agriculture.  (2)  The reports  required by subsection (1) 

20    UNDER THIS SECTION shall include an itemized statement of the

21    orders issued on account of each drainage district and a debit

22    and credit balance of the district fund.  The commissioner shall

23     be liable on the blanket bond or his or her individual bond for

24     gross neglect of duty or a misapplication of money coming under

25     his or her control as commissioner. 

26         Sec. 32.  The COUNTY board of  supervisors of each county

27     having a drain commissioner  COMMISSIONERS may adopt a resolution



   06729'98
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 1    authorizing the county to enter into an agreement with the

 2    secretary of  health, education and welfare pursuant to the pro-

 3     visions of Act No. 205 of the Public Acts of 1951, as amended,

 4     being sections 38.851 to 38.870 of the Compiled Laws of 1948, 

 5    THE DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER 1951 PA 205,

 6    MCL 38.851 TO 38.871, to allow the  drain  commissioner and all

 7    the employees of the  drain  commissioner's office to obtain the

 8    benefits provided by the  federal  social security act, CHAPTER

 9    531, 49 STAT. 620.  The funds necessary for this coverage shall

10    be appropriated from the county general fund.  or from the

11     revolving drain fund. 

12         Sec. 33.  (1)  The salary of the commissioner, deputy com-

13     missioners, and clerks and employees of the drain commissioner's

14     office shall, except as otherwise provided in this act, be paid

15     from the general fund of the county in the same manner and at the

16     same time as other county employees are paid.  (2)  The  drain 

17    commissioner may, with the approval of the county board of com-

18    missioners, hire drain maintenance employees.  Such drain  DRAIN

19    maintenance employees  shall be considered  ARE county employees

20    and shall be compensated from the general fund of a county in the

21    same manner and at the same time as other county employees.

22         (2)  (3)  The general fund of a county shall be reimbursed

23    by the drain districts in which work is performed by drain main-

24    tenance employees hired by the commissioner pursuant to subsec-

25    tion (2) for compensation, including the cost of fringe benefits,

26    paid to the drain maintenance employees by the county from its

27    general fund.  The county board of commissioners may waive the



   06729'98
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 1    reimbursement for emergency work  not exceeding $800.00 

 2    performed on any 1 drain during the course of 1 year.

 3         SEC. 34.  (1) IF A MUNICIPALITY DETERMINES THAT CONSTRUCTION

 4    OR OTHER ACTIVITY THAT THE MUNICIPALITY HAS AUTHORITY TO APPROVE

 5    MAY HAVE A SIGNIFICANT EFFECT ON THE QUANTITY OR QUALITY OF WATER

 6    ENTERING A DRAIN OR ON THE HYDROLOGY OF A DRAIN, THE MUNICIPALITY

 7    SHALL NOTIFY THE COMMISSIONER A REASONABLE TIME BEFORE APPROVING

 8    THE ACTIVITY.  THE COMMISSIONER MAY REVIEW, INSPECT, AND ANALYZE

 9    THE ACTIVITY AND MAKE RECOMMENDATIONS TO THE MUNICIPALITY.  THE

10    COMMISSIONER MAY PROPOSE AND THE COUNTY BOARD OF COMMISSIONERS

11    MAY ADOPT AN ORDINANCE ESTABLISHING A SCHEDULE OF FEES ATTENDANT

12    TO THE REVIEW, INSPECTION, OR ANALYSIS OF ACTIVITY DESCRIBED IN

13    THIS SUBSECTION.

14         (2) THE COMMISSIONER OR DRAINAGE BOARD SHALL REVIEW AND MAY

15    APPROVE ALL REQUESTS TO DISCHARGE INTO, MAKE A CONNECTION TO, OR

16    CONSTRUCT A CROSSING OF ANY ESTABLISHED COUNTY OR INTERCOUNTY

17    DRAINS.  THE COMMISSIONER MAY PROPOSE AND THE COUNTY BOARD OF

18    COMMISSIONERS MAY ADOPT AN ORDINANCE TO IMPLEMENT THIS

19    SUBSECTION.  THE ORDINANCE MAY INCLUDE A SCHEDULE OF FEES TO BE

20    CHARGED FOR THE REVIEW AND INSPECTION OF ANY DISCHARGES, CONNEC-

21    TIONS, OR CROSSINGS AND PENALTIES FOR NONCOMPLIANCE.  THE FEES

22    SHALL BE DEPOSITED IN A REVOLVING FUND AND USED FOR REVIEWS AND

23    INSPECTIONS AS SPECIFIED IN THE ORDINANCE.  IF THE REVOLVING FUND

24    IS NOT SUFFICIENT TO COVER EXPENSES FOR THE REVIEWS AND INSPEC-

25    TIONS, THE EXPENSES SHALL BE PAID FROM THE COUNTY GENERAL FUND.

26         (3) THE COMMISSIONER MAY PROPOSE AND THE COUNTY BOARD OF

27    COMMISSIONERS MAY ADOPT AN ORDINANCE THAT GOVERNS, AND INCLUDES A



   06729'98
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 1    SCHEDULE OF FEES FOR, OTHER REVIEWS AND INSPECTIONS REQUIRED OF

 2    THE COMMISSIONER'S OFFICE BY THE COUNTY BOARD OF COMMISSIONERS OR

 3    BY OTHER STATUTE, INCLUDING BUT NOT LIMITED TO THE LAND DIVISION

 4    ACT, 1967 PA 288, MCL 560.101 TO 560.293, THE MOBILE HOME COMMIS-

 5    SION ACT, 1987 PA 96, MCL 125.2301 TO 125.2349, AND THE CONDOMIN-

 6    IUM ACT, 1978 PA 59, MCL 559.101 TO 559.275.  THE FEES SHALL BE

 7    DEPOSITED IN A REVOLVING FUND UNDER SUBSECTION (2).

 8         SEC. 35.  (1) IF A COMMISSIONER WHO IS REQUIRED TO APPORTION

 9    BENEFITS UNDER THIS ACT, OR THE SPOUSE OR CHILD OF SUCH A COMMIS-

10    SIONER, OWNS LANDS THAT WOULD BE LIABLE TO AN ASSESSMENT FOR THE

11    BENEFITS, OR IF THE COMMISSIONER IS OTHERWISE DISQUALIFIED TO ACT

12    IN THE MAKING OF AN APPORTIONMENT OF BENEFITS, THE COMMISSIONER

13    SHALL FILE WITH THE CHIEF OR ONLY JUDGE OF THE CIRCUIT COURT FOR

14    THE COUNTY A COPY OF THE PETITION AND A SIGNED STATEMENT SHOWING

15    THAT THE COMMISSIONER IS DISQUALIFIED TO ACT IN MAKING THE APPOR-

16    TIONMENT OF BENEFITS.

17         (2) NOT MORE THAN 14 DAYS AFTER RECEIVING THE PETITION AND

18    SIGNED STATEMENT UNDER SUBSECTION (1), THE CHIEF OR ONLY JUDGE OF

19    THE CIRCUIT COURT SHALL APPOINT A DISINTERESTED COMMISSIONER OF

20    AN ADJOINING OR NEARBY COUNTY TO MAKE THE APPORTIONMENT OF BENE-

21    FITS ON THE DRAIN.  THE DISINTERESTED COMMISSIONER APPOINTED

22    SHALL MAKE AND COMPLETE WITHIN A PERIOD OF 28 DAYS, OR WITHIN

23    SUCH REASONABLE TIME THEREAFTER AS MAY BE NECESSARY, AN APPOR-

24    TIONMENT OF THE BENEFITS OF THE DRAIN AND FILE THE APPORTIONMENT

25    WITH THE DISQUALIFIED COMMISSIONER.  THE APPORTIONMENT SHALL BE

26    ADOPTED FOR THE DRAIN, SUBJECT TO THE SAME RIGHTS OF APPEAL AS

27    PROVIDED IN THIS ACT.  THE DISQUALIFIED COMMISSIONER SHALL



   06729'98
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 1    FURNISH THE DISINTERESTED COMMISSIONER WITH A COPY OF THE ORDER

 2    OF NECESSITY.

 3         (3) THE SALARY OF THE COMMISSIONER APPOINTED UNDER SUBSEC-

 4    TION (2) SHALL BE THE SAME AS THAT RECEIVED FROM THE COUNTY OF

 5    WHICH HE OR SHE IS THE COMMISSIONER.  THE SALARY, TOGETHER WITH

 6    ALL EXPENSES ACTUALLY AND NECESSARILY INCURRED BY THE COMMISSION-

 7    ER, SHALL BE ASSESSED AGAINST THE DRAIN IN CONNECTION WITH WHICH

 8    THE SERVICES WERE PERFORMED AND SHALL BE PAID IN THE SAME MANNER

 9    AS OTHER EXPENSES ARE PAID.

10                              CHAPTER 3  . 

11             COUNTY  NEW DRAINAGE DISTRICTS  .  AND NEW DRAINS

12         SEC. 41.  (1) A PERSON SEEKING ANY ADVICE OR ACTION WITH

13    REGARD TO A DRAINAGE PROBLEM OR A PROJECT SHALL MAKE AN APPLICA-

14    TION TO THE COMMISSIONER OF THAT PERSON'S COUNTY SEEKING TO HAVE

15    A SPECIFIC PROBLEM INVESTIGATED AND EVALUATED AS TO THE NEED FOR

16    FURTHER ACTION AND THE NATURE OF THAT ACTION.

17         (2) THE APPLICATION SHALL BE MADE ON APPLICATION FORMS SUP-

18    PLIED BY THE COMMISSIONER.  THE COMPLETED APPLICATION FORM SHALL

19    CONTAIN, BUT NEED NOT BE LIMITED TO, THE FOLLOWING INFORMATION:

20         (A) WHETHER THE APPLICATION IS FOR PUBLIC HEALTH, OR PUBLIC

21    CONVENIENCE, OR PUBLIC WELFARE, OR A COMBINATION THEREOF.

22         (B) A SPECIFIC DESCRIPTION OF THE PROBLEM.

23         (C) A DESCRIPTION OF THE LOCATION OF THE PROBLEM.

24         (D) NAMES AND ADDRESSES OF OTHER LANDOWNERS AFFECTED BY THE

25    PROBLEM.

26         (E) THE EXTENT AND SEVERITY OF THE PROBLEM, INCLUDING THE

27    FREQUENCY OF THE PROBLEM'S OCCURRENCE AND THE ESTIMATED DAMAGES



   06729'98
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 1    PER OCCURRENCE.  DOCUMENTATION SUPPORTING THIS INFORMATION SHALL

 2    BE ATTACHED TO THE APPLICATION.

 3         (F) A STATEMENT OF THE MAXIMUM EXTENT OF CORRECTIVE ACTION

 4    AND MAXIMUM COSTS FOR A PROJECT ACCEPTABLE TO THE APPLICANTS.

 5         (G) A LOCATION AND ROUTE FOR A DRAIN.

 6         (H) THE SIGNATURE OF THE APPLICANT AND THE DATE OF FILING OF

 7    THE APPLICATION.

 8         (I) A SUGGESTED DATE FOR CONSULTATION WITH THE

 9    COMMISSIONER.  THIS DATE SHALL NOT BE MORE THAN 21 DAYS FROM THE

10    DATE OF FILING OF THE APPLICATION.

11         SEC. 42.  (1) UPON RECEIPT OF A COMPLETED APPLICATION FORM,

12    THE COMMISSIONER SHALL INVESTIGATE THE STATED PROBLEM AND SHALL

13    STATE HIS OR HER FINDINGS AND RECOMMENDATIONS IN WRITING.

14         (2) UPON INVESTIGATING AN APPLICATION, IF THE COMMISSIONER'S

15    FINDINGS INDICATE THAT AN OBSTRUCTION HAS BEEN CREATED BY A

16    PERSON, THE COMMISSIONER SHALL PROCEED UNDER SECTION 421.

17         (3) THE FINDINGS OF THE COMMISSIONER SHALL CONTAIN HIS OR

18    HER ASSESSMENT OF WHETHER THE PROBLEM IS OF SIGNIFICANT MAGNITUDE

19    TO WARRANT FURTHER ACTION.  IF FURTHER ACTION IS RECOMMENDED, THE

20    FINDINGS SHALL INCLUDE AN ESTIMATE OF THE SIZE OF THE PROJECT

21    NECESSARY TO CORRECT THE STATED PROBLEM AND A STATEMENT WHETHER

22    THE PROJECT SHOULD PROCEED UNDER THIS CHAPTER, CHAPTER 8, OR

23    CHAPTER 8A.

24         SEC. 44.  UPON REQUEST, THE COMMISSIONER SHALL SUPPLY TO ANY

25    PERSON THE NECESSARY PETITION FORMS FOR A PROJECT UNDER THIS

26    CHAPTER, CHAPTER 8, OR CHAPTER 8A, AS APPROPRIATE.  THE

27    COMMISSIONER SHALL ASSIST IN THE COMPLETION OF THOSE FORMS.  THE



   06729'98
                                  38

 1    COMMISSIONER SHALL ALSO SUPPLY WRITTEN STEP-BY-STEP INSTRUCTIONS

 2    INFORMING ALL PETITIONERS OF THE SIGNATURE REQUIREMENTS AND HEAR-

 3    ING PROCEDURES AND ANY BONDING REQUIREMENTS TO FOLLOW.

 4         Sec. 51.  (1)  Before a commissioner takes any action on any

 5     application to locate, establish and construct any drain, there

 6     shall first be filed with him an application to lay out and des-

 7     ignate a drainage district with reference to a proposed drain

 8     therein; such application shall tentatively describe the location

 9     and route of such proposed drain.  The application shall be

10     signed by not less than 10 freeholders of the township or town-

11     ships in which such proposed drain or the proposed lands to be

12     drained thereby may be situated:  Provided, That 5 or more of

13     said signers shall be the owners of land liable to an assessment

14     for the construction of such proposed drain:  Provided further,

15     If it shall appear to the drain commissioner on filing an appli-

16     cation to lay out and designate a drainage district that said

17     district might not include 20 freeholders whose lands would be

18     liable for such assessment, in such case such application shall

19     be received if any one of the signers is a freeholder liable to

20     an assessment for the construction of such proposed drain.  A

21    PERSON SHALL FILE A PETITION WITH A COMMISSIONER TO INITIATE THE

22    PROCESS OF, FIRST, ESTABLISHING A DRAINAGE DISTRICT AND, SECOND,

23    ESTABLISHING AND CONSTRUCTING A DRAIN.  SUBJECT TO SUBSECTION

24    (3), THE PETITION SHALL BE SIGNED BY A NUMBER OF LANDOWNERS IN

25    THE PROPOSED DRAINAGE DISTRICT WHOSE LANDS WOULD BE SUBJECT TO AN

26    ASSESSMENT FOR BENEFITS, EQUAL TO 1/2 THE NUMBER OF LANDOWNERS

27    WHOSE LANDS WOULD BE TRAVERSED BY THE DRAIN OR DRAINS APPLIED FOR



   06729'98
                                  39

 1    OR ABUT ON ANY ROADWAY ALONG THE SIDE OF WHICH THE DRAIN EXTENDS,

 2    BETWEEN THE POINT WHERE THE DRAIN ENTERS THE ROADWAY AND THE

 3    POINT WHERE IT LEAVES THE ROADWAY AND WHICH LANDS ARE WITHIN THE

 4    PROPOSED DRAINAGE DISTRICT.

 5         (2) The COMMISSIONER SHALL DETERMINE THE eligibility of the

 6    signers to  such application shall be determined by the drain

 7     commissioner according to their interest of record in the office

 8     of the register of deeds, in the probate court or in the circuit

 9     court of the county in which such lands are situated at the time

10     such application is  THE PETITION BASED ON THEIR STATUS AS LAND-

11    OWNERS WHEN THE PETITION WAS filed.  The board of supervisors,

12     by resolution, may instruct the drain commissioner to refuse any

13     application to lay out a drainage district unless a cash deposit,

14     sufficient to cover the preliminary costs, accompanies the

15     application.  If the drain is completed, the cost advanced shall

16     be returned to the depositor or his personal representative out

17     of the first tax collections on the drain.  If uncompleted, any

18     excess above costs shall be so returned.  In lieu of an applica-

19     tion signed by freeholders as aforesaid, such an application may

20     be signed solely by the board of health of the county if the 

21         (3) INSTEAD OF LANDOWNERS, A MUNICIPALITY MAY PETITION FOR

22    THE ESTABLISHMENT OF A DRAINAGE DISTRICT AND THE ESTABLISHMENT

23    AND CONSTRUCTION OF A DRAIN BY ASSERTING IN THE PETITION THAT THE

24    proposed drain is necessary for  the  public health  of any part

25     of the county, or may be signed solely by any city, village or

26     township when duly authorized by its governing body, if the

27     proposed drain is necessary for the public health of such



   06729'98
                                  40

 1    municipality and if such municipality will be liable for an

 2     assessment at large against it for a percentage of the cost of

 3     the proposed drain.  The entry of an order designating a drainage

 4     district, as hereinafter provided, shall be deemed a determina-

 5     tion of the sufficiency of such application  IN THE

 6    MUNICIPALITY.

 7         (4) A PETITION UNDER THIS SECTION SHALL REQUEST THE ESTAB-

 8    LISHMENT OF A DRAINAGE DISTRICT AND THE ESTABLISHMENT AND CON-

 9    STRUCTION OF A DRAIN.  THE PETITION SHALL BE ON THE FORM PROVIDED

10    BY THE COMMISSIONER.  THE PETITION FORM SHALL INCLUDE A STATE-

11    MENT, IN 14-POINT BOLDFACED TYPE, THAT THE PETITIONERS ARE LIABLE

12    FOR COSTS IF THE DRAINAGE DISTRICT IS NOT ESTABLISHED.  THE PETI-

13    TION FORM SHALL REQUIRE THE PETITIONERS TO SET FORTH AT LEAST ALL

14    OF THE FOLLOWING:

15         (A) THE INFORMATION REQUIRED BY SECTION 41(2)(A) TO (G) FOR

16    AN APPLICATION.

17         (B) A STATEMENT BY THE PETITIONERS THAT THEY UNDERSTAND THAT

18    THEY ARE LIABLE FOR COSTS IF THE DRAINAGE DISTRICT IS NOT

19    ESTABLISHED.

20         (5) THE PETITION MAY REQUEST THAT MEASURES BE UNDERTAKEN

21    WHICH ARE INTENDED TO ENHANCE OR IMPROVE THE NATURAL RESOURCE

22    VALUES OF THE PROPOSED DRAINAGE DISTRICT.  THE PETITION MAY

23    REQUEST THAT MEASURES BE UNDERTAKEN TO PROVIDE BENEFIT TO THE

24    DESIGNED FUNCTION, LONGEVITY, OR HYDRAULIC CAPACITY OF THE PRO-

25    POSED DRAIN.

26         (6) THE PETITION SHALL BE ACCOMPANIED BY A BOND IN AN AMOUNT

27    NOT LESS THAN THE COMMISSIONER'S ESTIMATE OF THE COST OF



   06729'98
                                  41

 1    ESTABLISHING THE DRAINAGE DISTRICT INCLUDING PERFORMANCE OF THE

 2    ANALYSES REQUIRED UNDER SECTION 52.  THE PETITION SHALL ALSO BE

 3    ACCOMPANIED BY AN ENGINEERING REPORT SETTING FORTH THE PROPOSED

 4    BOUNDARIES OF THE DRAINAGE DISTRICT AND THE PROPOSED ROUTE AND

 5    COURSE OF THE DRAIN.

 6         (7) A PETITION SHALL BE ACCOMPANIED BY A DESCRIPTION AND TAX

 7    PARCEL NUMBER OF THE LAND IN THE PROPOSED DISTRICT OWNED BY EACH

 8    SIGNER AND BY A CERTIFICATE OF THE COUNTY TREASURER AS TO PAYMENT

 9    OF TAXES AND SPECIAL ASSESSMENTS AGAINST THE LANDS.  THE CERTIFI-

10    CATE SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM:

11         I HEREBY CERTIFY THAT THERE ARE NO TAXES OR SPECIAL ASSESS-

12    MENTS UNPAID AGAINST ANY OF THE LANDS DESCRIBED IN THE ANNEXED

13    LIST ACCORDING TO THE RECORDS OF THE COUNTY TREASURER'S OFFICE

14    FOR THE PRECEDING 3 YEARS, EXCEPT AS FOLLOWS:

15     

16         DESCRIPTION        YEAR        TAX OR ASSESSMENT     AMOUNT

17    .................  ............  .....................  ........

18         (8) THE NAME OF ANY SIGNER AS TO WHOSE LAND THE CERTIFICATE

19    SHOWS TAXES OR ASSESSMENTS UNPAID FOR THE PRECEDING 3 YEARS SHALL

20    NOT BE COUNTED.  IF IT APPEARS FROM THE CERTIFICATE THAT 33-1/3%

21    OR MORE OF THE LANDS IN THE PROPOSED DRAINAGE DISTRICT HAVE BEEN

22    RETURNED AS TAX DELINQUENT AND STILL REMAIN DELINQUENT, THE COM-

23    MISSIONER SHALL NOT TAKE FURTHER ACTION ON THE PETITION.

24         SEC. 51A.  (1) NOT MORE THAN 7 DAYS AFTER THE FILING OF A

25    PETITION UNDER SECTION 51 FOR A COUNTY DRAIN, THE COMMISSIONER

26    AUTHORIZED TO ACT ON THE PETITION SHALL SET THE DATE, TIME, AND

27    PLACE FOR A HEARING OF THE BOARD OF DETERMINATION.  THE HEARING



   06729'98
                                  42

 1    OF THE BOARD OF DETERMINATION SHALL BE HELD AS SOON AS

 2    PRACTICABLE AFTER THE DEADLINE FOR APPOINTMENT OF THE BOARD OF

 3    DETERMINATION UNDER SUBSECTION (2).

 4         (2) AS SOON AS PRACTICABLE BUT NOT LATER THAN 63 DAYS AFTER

 5    THE FILING OF A PETITION UNDER SECTION 51, THE COMMISSIONER, IF

 6    NOT DISQUALIFIED UNDER SECTION 35 TO MAKE THE APPORTIONMENT OF

 7    BENEFITS, MAY APPOINT A BOARD OF DETERMINATION COMPOSED OF 3

 8    PROPERTY OWNERS AND AN ALTERNATE DISINTERESTED PROPERTY OWNER.

 9    IF THE COMMISSIONER IS DISQUALIFIED OR CHOOSES NOT TO APPOINT THE

10    BOARD OF DETERMINATION, THE COMMISSIONER SHALL IMMEDIATELY FILE

11    WITH THE CHAIRPERSON OF THE COUNTY BOARD OF COMMISSIONERS A COPY

12    OF THE PETITION, TOGETHER WITH A STATEMENT SIGNED BY THE COMMIS-

13    SIONER, EXPLAINING WHY HE OR SHE IS DISQUALIFIED OR CHOOSES NOT

14    TO ACT IN APPOINTING A BOARD OF DETERMINATION.  AS SOON AS PRAC-

15    TICABLE AFTER RECEIVING THE COPY OF THE PETITION AND THE STATE-

16    MENT, THE CHAIRPERSON OF THE COUNTY BOARD OF COMMISSIONERS, IF

17    NOT PRIVATELY INTERESTED, SHALL APPOINT THE BOARD OF DETERMINA-

18    TION AND SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE NAMES

19    AND ADDRESSES OF THOSE APPOINTED.  IF THE CHAIRPERSON OF THE

20    COUNTY BOARD OF COMMISSIONERS HAS A PRIVATE INTEREST IN THE PRO-

21    CEEDINGS, THE FINANCE COMMITTEE OF THE COUNTY BOARD OF COMMIS-

22    SIONERS SHALL APPOINT THE BOARD OF DETERMINATION.

23         (3) A MEMBER OF THE BOARD OF DETERMINATION SHALL ALSO NOT BE

24    EITHER OF THE FOLLOWING:

25         (A) A MEMBER OF THE COUNTY BOARD OF COMMISSIONERS.

26         (B) THE SPOUSE, PARENT, CHILD, OR SIBLING OF A MEMBER OF THE

27    COUNTY BOARD OF COMMISSIONERS OR OF THE COMMISSIONER.



   06729'98
                                  43

 1         (4) THE ALTERNATE MEMBER OF THE BOARD OF DETERMINATION SHALL

 2    SERVE IF A REGULAR MEMBER NEGLECTS, REFUSES, OR IS UNABLE TO

 3    SERVE.

 4         (5) UPON REQUEST, THE COMMISSIONER SHALL INFORM IN WRITING

 5    THE STATE LEGISLATORS WHO REPRESENT THAT PORTION OF THE AREA IN

 6    WHICH THE PROPOSED DRAIN IMPROVEMENT IS TO BE CONSTRUCTED OF THE

 7    NAMES AND ADDRESSES OF THE PERSONS APPOINTED TO A BOARD OF

 8    DETERMINATION.

 9         (6) THE PER DIEM COMPENSATION, MILEAGE, AND EXPENSES OF A

10    MEMBER OF THE BOARD OF DETERMINATION SHALL BE PAID IN THE SAME

11    AMOUNT AND MANNER AS FOR A MEMBER OF THE COUNTY BOARD OF COMMIS-

12    SIONERS OF THE COUNTY.  IN A COUNTY IN WHICH MEMBERS OF THE

13    COUNTY BOARD OF COMMISSIONERS ARE NOT PAID ON A PER DIEM BASIS,

14    THE COMPENSATION, MILEAGE, AND EXPENSES SHALL BE FIXED BY THE

15    COMMISSIONER.

16         (7) THE BOARD OF DETERMINATION SHALL ACT BY MAJORITY VOTE OF

17    THE BOARD.

18         (8) THE COMMISSIONER OR DEPUTY COMMISSIONER SHALL ATTEND

19    EACH HEARING OF THE BOARD OF DETERMINATION.

20         SEC. 51B.  (1) NOT MORE THAN 21 DAYS AFTER THE FILING OF A

21    PETITION FOR AN INTERCOUNTY DRAIN, THE COMMISSIONER SHALL SEND A

22    COPY OF THE PETITION BY FIRST-CLASS MAIL TO THE DIRECTOR OF AGRI-

23    CULTURE AND TO THE DRAIN COMMISSIONER OF EACH COUNTY IN WHICH LIE

24    LANDS LIABLE FOR ASSESSMENT FOR BENEFITS FOR THE CONSTRUCTION OF

25    THE PROPOSED DRAIN.

26         (2) THE DRAIN COMMISSIONERS OF SUCH COUNTIES AND THE

27    DIRECTOR OF AGRICULTURE SHALL CONSTITUTE THE DRAINAGE BOARD.  IF



   06729'98
                                  44

 1    AT ANY TIME THE DRAINAGE BOARD DETERMINES THAT LANDS SHOULD BE

 2    ADDED TO THE DRAINAGE DISTRICT AND IF THOSE LANDS ARE LOCATED IN

 3    A COUNTY WHOSE DRAIN COMMISSIONER IS NOT A MEMBER OF THE DRAINAGE

 4    BOARD, THE DRAINAGE BOARD SHALL NOTIFY THAT DRAIN COMMISSIONER

 5    AND HE OR SHE SHALL BECOME A MEMBER OF THE DRAINAGE BOARD.  IF AT

 6    ANY TIME THE DRAINAGE BOARD DETERMINES THAT ALL THE LANDS FROM A

 7    PARTICULAR COUNTY THAT ARE PART OF THE DRAINAGE DISTRICT SHOULD

 8    BE DELETED FROM THE DRAINAGE DISTRICT, THE DRAIN COMMISSIONER

 9    FROM THAT COUNTY SHALL NO LONGER BE A MEMBER OF THE DRAINAGE

10    BOARD.

11         (3) THE DIRECTOR OF AGRICULTURE SHALL SERVE AS CHAIRPERSON

12    OF THE DRAINAGE BOARD AND SHALL ONLY VOTE IF THERE IS A TIE.  THE

13    DRAINAGE BOARD SHALL ACT BY MAJORITY VOTE OF THE DRAINAGE BOARD.

14         (4) THE DIRECTOR OF AGRICULTURE SHALL CALL A HEARING OF THE

15    DRAINAGE BOARD AS SOON AS PRACTICAL BUT NOT LATER THAN 63 DAYS

16    AFTER THE FILING OF A PETITION.

17         SEC. 51C.  (1) EACH HEARING OF THE BOARD OF DETERMINATION OR

18    DRAINAGE BOARD SHALL BE CALLED BY THE COMMISSIONER OR DIRECTOR OF

19    AGRICULTURE, RESPECTIVELY, AND HELD WITHIN THE DRAINAGE DISTRICT

20    OR PROPOSED DRAINAGE DISTRICT AT A CONVENIENT PLACE DESIGNATED BY

21    THE COMMISSIONER OR DIRECTOR OF AGRICULTURE.  A HEARING MAY ALSO

22    BE HELD OUTSIDE THE DRAINAGE DISTRICT AT A SUITABLE PUBLIC BUILD-

23    ING ANYWHERE WITHIN THE CITY, VILLAGE, OR TOWNSHIP IN WHICH THE

24    DRAIN IS LOCATED OR, IF THERE IS NO SUCH BUILDING, AT ANY SUIT-

25    ABLE PUBLIC BUILDING NEAR THE DRAINAGE DISTRICT.

26         (2) NOTICE OF EACH HEARING OF THE BOARD OF DETERMINATION OR

27    DRAINAGE BOARD SHALL BE GIVEN IN THE MANNER PROVIDED IN SECTION



   06729'98
                                  45

 1    8.  THE BOARD SHALL MEET AT THE TIME AND PLACE SPECIFIED IN THE

 2    NOTICE.

 3         (3) IF, AT OR BEFORE THE HEARING OF THE BOARD OF DETERMINA-

 4    TION, WRITTEN OBJECTIONS TO THE ESTABLISHMENT OF THE DRAINAGE

 5    DISTRICT AND THE ESTABLISHMENT AND CONSTRUCTION OF A DRAIN ARE

 6    FILED BY NOT LESS THAN 20% OF THE LANDOWNERS IN THE PROPOSED

 7    DRAINAGE DISTRICT WHOSE LANDS WOULD BE SUBJECT TO AN ASSESSMENT

 8    FOR BENEFITS, THERE SHALL BE NO FURTHER PROCEEDINGS FOR THE

 9    ESTABLISHMENT OF A DRAINAGE DISTRICT AND THE ESTABLISHMENT AND

10    CONSTRUCTION OF A DRAIN UNLESS THE PETITION UNDER SECTION 51 IS

11    SIGNED BY NOT LESS THAN 50% OF THE LANDOWNERS IN THE PROPOSED

12    DRAINAGE DISTRICT WHOSE LANDS WOULD BE SUBJECT TO AN ASSESSMENT

13    FOR BENEFITS.  A SUPPLEMENTAL PETITION MAY BE FILED FOR THIS PUR-

14    POSE NOT LESS THAN 35 DAYS AFTER THE OBJECTIONS ARE FILED.

15    NOTICE OF THE OBJECTIONS AND THE RIGHT TO FILE A SUPPLEMENTAL

16    PETITION UNDER THIS SECTION SHALL BE GIVEN IN THE MANNER PROVIDED

17    IN SECTION 8.

18         (4) THE COMMISSIONER OR DRAINAGE BOARD SHALL ARRANGE FOR A

19    CERTIFIED COURT REPORTER, STENOMASK REPORTER, OR COURT RECORDER

20    TO ATTEND EACH HEARING OF THE BOARD OF DETERMINATION OR DRAINAGE

21    BOARD, RESPECTIVELY, AND TAKE A VERBATIM RECORD OF THE

22    PROCEEDINGS.  TESTIMONY BEFORE THE BOARD OF DETERMINATION OR

23    DRAINAGE BOARD SHALL BE GIVEN UNDER OATH OR AFFIRMATION.  THE

24    REPORTER OR RECORDER SHALL ADMINISTER THE OATH OR AFFIRMATION.

25         (5) THE BOARD OF DETERMINATION FOR A COUNTY DRAIN OR DRAIN-

26    AGE BOARD FOR AN INTERCOUNTY DRAIN SHALL DO ALL OF THE

27    FOLLOWING:



   06729'98
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 1         (A) ELECT A SECRETARY AND A CHAIRPERSON.

 2         (B) RECEIVE COMMENTS AND INFORMATION ON WHETHER THE NEW

 3    DRAINAGE DISTRICT MAY BE NECESSARY TO THE PUBLIC HEALTH, OR

 4    PUBLIC CONVENIENCE, OR PUBLIC WELFARE, OR COMBINATION THEREOF, AS

 5    ALLEGED IN THE PETITION.

 6         (C) RECEIVE TESTIMONY AND EVIDENCE ON THE PROPOSED ROUTE AND

 7    COURSE OF THE DRAIN AND THE BOUNDARIES OF THE DRAINAGE DISTRICT.

 8         (D) PROVIDE AN OPPORTUNITY FOR LANDOWNERS WHO SUPPORT THE

 9    PROJECT AND WHOSE LANDS WOULD BE LIABLE TO ASSESSMENT TO SIGN THE

10    PETITION.

11         (E) PROVIDE AN OPPORTUNITY FOR LANDOWNERS WHO OPPOSE THE

12    PROJECT AND WHOSE LANDS WOULD BE SUBJECT TO ASSESSMENT TO SIGN A

13    PETITION OPPOSING THE PROJECT.

14         (F) DETERMINE WHETHER OR NOT THE ESTABLISHMENT OF THE PRO-

15    POSED DRAINAGE DISTRICT MAY BE NECESSARY FOR PUBLIC HEALTH, OR

16    PUBLIC CONVENIENCE, OR PUBLIC WELFARE, OR A COMBINATION THEREOF,

17    AS ALLEGED IN THE PETITION.

18         (G) PRELIMINARILY DETERMINE WHETHER THE DRAIN WOULD SERVE

19    LANDS IN ONLY 1 COUNTY OR WHETHER IT WOULD SERVE LANDS IN MORE

20    THAN 1 COUNTY.  A DRAINAGE BOARD SHALL ALSO PRELIMINARILY DETER-

21    MINE THE PERCENTAGES OF THE COST OF ESTABLISHING THE DISTRICT AND

22    CONSTRUCTING THE DRAIN THAT EACH COUNTY WILL BEAR.  THE COUNTIES

23    AFFECTED SHALL PAY THE COSTS DESCRIBED IN SECTION 302 AS PROVIDED

24    IN THAT SECTION.

25         (H) DETERMINE, BASED ON A COST-BENEFIT ANALYSIS, WHETHER THE

26    BENEFITS OF THE DRAIN WOULD EXCEED ITS COSTS.





   06729'98
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 1         (I) DETERMINE WHETHER PUBLIC FUNDS SHOULD BE SPENT TO SOLVE

 2    THE DRAINAGE PROBLEM.

 3         (6) IF THE BOARD OF DETERMINATION OR DRAINAGE BOARD DOES NOT

 4    DETERMINE THAT THE DRAINAGE DISTRICT MAY BE NECESSARY FOR PUBLIC

 5    HEALTH, OR PUBLIC CONVENIENCE, OR PUBLIC WELFARE, OR COMBINATION

 6    THEREOF, AS ALLEGED IN THE PETITION, THE BOARD SHALL ENTER AN

 7    ORDER REJECTING THE PETITION.  THE ORDER SHALL INCLUDE FINDINGS

 8    OF FACT SUPPORTING THE DETERMINATION AND STATE WHY PUBLIC FUNDS

 9    SHOULD BE USED TO SOLVE THE PROBLEM.  THE BOARD OF DETERMINATION

10    OR DRAINAGE BOARD SHALL SUBMIT A COPY OF THE ORDER TO THE COMMIS-

11    SIONER OR TO EACH OF THE COMMISSIONERS.  AN ORDER UNDER THIS SUB-

12    SECTION MAY BE APPEALED UNDER CHAPTER 26.

13         (7) IF THE DRAINAGE BOARD OR BOARD OF DETERMINATION DETER-

14    MINES THAT THE DRAINAGE DISTRICT MAY BE NECESSARY FOR PUBLIC

15    HEALTH, OR PUBLIC CONVENIENCE, OR PUBLIC WELFARE, OR COMBINATION

16    THEREOF, AS ALLEGED IN THE PETITION, THE BOARD SHALL ENTER AN

17    ORDER ESTABLISHING THE DRAINAGE DISTRICT FOR THE PURPOSE OF FUND-

18    ING THE COSTS OF FURTHER INVESTIGATION.  THE ORDER SHALL INCLUDE

19    FINDINGS OF FACT SUPPORTING THE DETERMINATION.  THE FINDINGS SUP-

20    PORTING A DETERMINATION THAT THE DRAIN MAY BE NECESSARY FOR

21    PUBLIC HEALTH, OR PUBLIC CONVENIENCE, OR PUBLIC WELFARE, OR A

22    COMBINATION THEREOF, AS ALLEGED IN THE PETITION, SHALL BE BASED

23    ON EXPERT AND OTHER TESTIMONY.  THE BOARD OF DETERMINATION OR

24    DRAINAGE BOARD SHALL SUBMIT A COPY OF THE ORDER TO THE COMMIS-

25    SIONER OR TO EACH OF THE COMMISSIONERS.  AN ORDER UNDER THIS SUB-

26    SECTION MAY BE APPEALED UNDER CHAPTER 26.





   06729'98
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 1         Sec. 52.  Upon filing of such application for a new

 2     drainage district, the commissioner shall immediately cause a

 3     survey to be made by a competent surveyor or engineer to deter-

 4     mine the area which would be drained by the proposed drain, and

 5     the route and type of construction of the drain or drains most

 6     serviceable for that purpose.  He shall not be limited in such

 7     determination to the route described in the application.  In any

 8     county having a board of county auditors, no survey shall be

 9     ordered without the approval of such board but if the application

10     shows, or it is determined thereafter, that any such proposed

11     drainage district will affect lands in more than 1 county, the

12     commissioner shall proceed under the portions of chapter 5 of

13     this act relating to intercounty drains, and in such case the

14     approval of the board of county auditors shall not be required.

15     If upon the survey, or if before the survey is made, the commis-

16     sioner determines that the proposed drain is impractical, he

17     shall take no further action thereon but shall, in writing,

18     notify the persons who delivered the application to him, of that

19     fact, and his reasons for making his determination.  If upon the

20     survey the commissioner determines the proposed drain to be prac-

21     tical, he shall lay out a drainage district, prepare and file in

22     the office of the drain commissioner a description of the drain-

23     age district, which may be described by its boundaries of high-

24     ways and streets and tracts and parcels of land including therein

25     all highways and streets, townships, cities and villages or by a

26     description of all tracts or parcels of land, highways,

27     townships, cities and villages which would be benefited by the



   06729'98
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 1    construction of the proposed drain, and which would be liable to

 2     an assessment therefor, should the drain be constructed as here-

 3     inafter provided.  The commissioner shall obtain from the county

 4     treasurer a statement showing as near as may be the amount of

 5     taxes and special assessments levied against the lands in the

 6     proposed drainage district on the tax rolls for the 3 years next

 7     preceding, and the amount of such taxes and assessments remaining

 8     unpaid, and if it appears from the statement that 33 1/3% or more

 9     of the lands in the proposed drainage district have been returned

10     as tax delinquent and still remain delinquent, no further action

11     shall be taken.  IF THE BOARD OF DETERMINATION OR DRAINAGE BOARD

12    DETERMINES THAT A PROPOSED DRAIN MAY BE NECESSARY FOR PUBLIC

13    HEALTH, OR PUBLIC CONVENIENCE, OR PUBLIC WELFARE, OR A COMBINA-

14    TION THEREOF, AS ALLEGED IN THE PETITION, THE COMMISSIONER OR

15    DRAINAGE BOARD SHALL PROMPTLY SECURE THE SERVICES OF AN ENGINEER

16    AND ARRANGE FOR THE PREPARATION OF AN ENGINEERING ANALYSIS.  THE

17    COMMISSIONER OR DRAINAGE BOARD SHALL SELECT THE ENGINEER BASED ON

18    THE ENGINEER'S QUALIFICATIONS.  THE ENGINEERING ANALYSIS SHALL

19    DESCRIBE A DRAIN AND DRAINAGE DISTRICT TO ADDRESS THE REASONS FOR

20    A DRAIN AND DRAINAGE DISTRICT SET FORTH IN THE PETITION AND IN

21    THE EVIDENCE AND TESTIMONY RECEIVED AT THE HEARING OF THE BOARD.

22    EXCEPT AS PROVIDED IN SUBDIVISION (I), AN ENGINEER SHALL PREPARE

23    THE ENGINEERING ANALYSIS.  THE ENGINEERING ANALYSIS SHALL INCLUDE

24    ALL OF THE FOLLOWING:

25         (A) A HYDROLOGIC AND HYDRAULIC REPORT THAT INCLUDES, BUT IS

26    NOT LIMITED TO, PRESENT AND ANTICIPATED LAND USES WITHIN THE





   06729'98
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 1    DRAINAGE DISTRICT AND FLOODING CHARACTERISTICS OF LAND IN THE

 2    DRAINAGE DISTRICT AND NATURAL WATERSHED.

 3         (B) A RECOMMENDED ROUTE AND COURSE.

 4         (C) AN EXISTING AND PROPOSED PROFILE OF THE RECOMMENDED

 5    ROUTE AND COURSE.

 6         (D) A DESCRIPTION OF POSSIBLE ALTERNATIVES TO REMEDY THE

 7    PROBLEM INCLUDING LOWER COST NATURAL APPROACHES AND ANY OTHER

 8    RECOMMENDED WORK INCLUDING CROSSINGS, STRUCTURES, AND

 9    FACILITIES.

10         (E) A DESCRIPTION OF THE DRAINAGE DISTRICT BY ITS BOUNDARIES

11    OF STREETS OR HIGHWAYS OR TRACTS OR PARCELS OF LAND, OR BY A

12    DESCRIPTION OF ALL TRACTS OR ALL PARCELS OF LAND, INCLUDING ALL

13    HIGHWAYS, TOWNSHIPS, COUNTIES, CITIES, AND VILLAGES WHICH WOULD

14    BE BENEFITED BY THE CONSTRUCTION OF THE PROPOSED DRAIN.  THE

15    DESCRIPTION OF THE DRAINAGE DISTRICT MAY BE PREPARED BY A

16    SURVEYOR.

17         (F) AN ESTIMATE OF THE COST OF CONSTRUCTION OF THE

18    ENGINEER'S RECOMMENDATION.

19         (G) A DESCRIPTION OF ALTERNATIVES CONSIDERED, INCLUDING, BUT

20    NOT LIMITED TO, MEASURES TO STORE, RETAIN, OR DETAIN DRAINAGE

21    WATERS.

22         (H) THE IMPACT OF THE PROPOSED PROJECT AND OF ALTERNATIVES

23    DESCRIBED UNDER SUBDIVISION (G) ON FLOODING CHARACTERISTICS DOWN-

24    STREAM OF THE DRAINAGE DISTRICT.

25         (I) AN EVALUATION OF THE IMPACTS OF THE PROJECT ON NATURAL

26    RESOURCES, INCLUDING, BUT NOT LIMITED TO, WATER QUALITY AND PLANT

27    AND ANIMAL LIFE.  THE ENGINEER SHALL CONSULT WITH THE DEPARTMENT



   06729'98
                                  51

 1    OF NATURAL RESOURCES AND ANY OTHER QUALIFIED INDIVIDUALS

 2    REGARDING ACTIONS POSSIBLE TO LESSEN NEGATIVE IMPACTS ON THE HAB-

 3    ITAT QUALITY OF THE WATERCOURSE.  THE EVALUATION SHALL IDENTIFY

 4    APPROPRIATE PRACTICAL MEASURES TO MINIMIZE ADVERSE EFFECTS AND

 5    ANY FEDERAL OR STATE PERMITS THAT MAY BE REQUIRED.  THE EVALU-

 6    ATION SHALL BE PREPARED BY THE ENGINEER OR A QUALIFIED INDIVIDUAL

 7    RETAINED BY THE ENGINEER.

 8         (J) A COST-BENEFIT ANALYSIS OF THE VARIOUS ALTERNATIVES SUG-

 9    GESTED BY THE ENGINEER TO ADDRESS THE PROBLEM.

10         (K) ANY OTHER INFORMATION REQUESTED BY THE COMMISSIONER OR

11    DRAINAGE BOARD.

12         Sec. 53.  (1)  The surveyor or engineer authorized to make

13     the survey shall ascertain the size and depth of the drains and

14     he shall preserve all minutes with reference thereto.  He shall

15     prepare preliminary plans, drawings and profiles thereof,

16     together with a computation of the yards of earth to be exca-

17     vated, the amount of tile or pipe to be used and the necessary

18     bridges and culverts or fords to be built in constructing such

19     proposed drain, and his estimate of the cost of such construc-

20     tion, and where practicable shall recommend the leveling of the

21     spoil banks.  He shall thereupon lay out a drainage district,

22     which district may be described by its boundaries of streets or

23     highways or tracts or parcels of land, or by a description of all

24     tracts or all parcels of land, including therein all highways,

25     townships, counties, cities and villages which would be benefited

26     by the construction of the proposed drain, all of which he shall

27     deliver to the commissioner.  The surveyor or engineer shall not



   06729'98
                                  52

 1    be limited to the route described in the application but may

 2     recommend a route and type of construction for the drains he con-

 3     siders most serviceable for draining the area involved.  UPON

 4    COMPLETION OF THE ENGINEERING ANALYSIS, THE BOARD OF DETERMINA-

 5    TION FOR A COUNTY DRAIN OR THE DRAINAGE BOARD FOR AN INTERCOUNTY

 6    DRAIN SHALL RECONVENE TO DETERMINE WHETHER THE DRAIN IS NECESSARY

 7    FOR PUBLIC HEALTH, OR PUBLIC CONVENIENCE, OR PUBLIC WELFARE, OR A

 8    COMBINATION THEREOF, AS ALLEGED IN THE PETITION.  THE COMMIS-

 9    SIONER OR DRAINAGE BOARD SHALL GIVE NOTICE OF FILING OF THE ENGI-

10    NEERING ANALYSIS AND THE RECONVENING OF THE BOARD OF DETERMINA-

11    TION OR DRAINAGE BOARD IN THE MANNER PROVIDED IN SECTION 8.  THE

12    NOTICE SHALL GIVE ALL OF THE FOLLOWING INFORMATION:

13         (A) A DESCRIPTION OF THE DRAINAGE DISTRICT.

14         (B) THE NAME OR NUMBER OF THE DRAINAGE DISTRICT.

15         (C) A MAP OF THE DRAINAGE DISTRICT AS DESCRIBED IN THE ENGI-

16    NEERING ANALYSIS OR A GENERAL DESCRIPTION OF THE BOUNDARIES OF

17    THAT DRAINAGE DISTRICT BY MUNICIPAL BOUNDARIES, ROADWAYS, OR PAR-

18    CELS OR TRACTS OF LAND.

19         (D) A DESCRIPTION OF THE ROUTE AND TYPE OF PROJECTS PROPOSED

20    AND THE ESTIMATED COST OF EACH OF THE ENGINEER'S RECOMMENDATIONS

21    ALONG WITH INFORMATION ON THE RESULT OF THE COST-BENEFIT

22    ANALYSIS.

23         (2) IF, AFTER CONSIDERING THE ENGINEERING ANALYSIS AND OTHER

24    INFORMATION AND TESTIMONY OFFERED, THE BOARD OF DETERMINATION OR

25    DRAINAGE BOARD DETERMINES THAT ADDITIONAL INFORMATION REGARDING

26    EXISTING CONDITIONS, IMPACTS OF THE PROJECT ON NATURAL RESOURCES,

27    ALTERNATIVES, INCLUDING, BUT NOT LIMITED TO, MEASURES TO STORE



   06729'98
                                  53

 1    AND RETAIN DRAINAGE WATERS, OR OTHER MATTERS IS NEEDED TO

 2    DETERMINE WHETHER THE DRAIN IS NECESSARY FOR PUBLIC HEALTH, OR

 3    PUBLIC CONVENIENCE, OR PUBLIC WELFARE, OR A COMBINATION THEREOF,

 4    AS ALLEGED IN THE PETITION, OR TO DETERMINE THE BOUNDARIES OF THE

 5    DRAINAGE DISTRICT, THE BOARD MAY ADJOURN THE HEARING TO ALLOW

 6    SUCH ADDITIONAL INFORMATION TO BE GATHERED.  THE COMMISSIONER

 7    SHALL GATHER THE INFORMATION FOR A BOARD OF DETERMINATION.

 8         (3) THE BOARD OF DETERMINATION OR DRAINAGE BOARD SHALL

 9    RECONVENE PROMPTLY AFTER THE ADDITIONAL INFORMATION IS GATHERED.

10    THE COMMISSIONER OR DRAINAGE BOARD SHALL GIVE NOTICE OF THE

11    RECONVENING AS PROVIDED IN SUBSECTION (1).  AT THE RECONVENED

12    HEARING OF A BOARD OF DETERMINATION OR DRAINAGE BOARD, THE COM-

13    MISSIONER SHALL PRESENT THE ADDITIONAL INFORMATION.

14         (4) AT THE RECONVENED HEARING, THE BOARD OF DETERMINATION OR

15    DRAINAGE BOARD SHALL CONSIDER AND WEIGH THE INFORMATION AND COM-

16    MENTS OFFERED AND DETERMINE WHETHER THE DRAIN IS NECESSARY FOR

17    THE PUBLIC HEALTH, OR PUBLIC CONVENIENCE, OR PUBLIC WELFARE, OR A

18    COMBINATION THEREOF, AS ALLEGED IN THE PETITION.  THE BOARD SHALL

19    DETERMINE THE SCOPE OF THE WORK TO BE UNDERTAKEN.

20         (5) IF THE BOARD OF DETERMINATION OR DRAINAGE BOARD DETER-

21    MINES THAT THE DRAIN IS NOT NECESSARY FOR PUBLIC HEALTH, OR

22    PUBLIC CONVENIENCE, OR PUBLIC WELFARE, OR A COMBINATION THEREOF,

23    AS ALLEGED IN THE PETITION, THE BOARD SHALL ENTER AN ORDER

24    REJECTING THE PETITION.  IF THE COST-BENEFIT ANALYSIS CONCLUDES

25    THAT THE COSTS OF EACH OF THE ALTERNATIVE PROJECTS WILL EXCEED

26    ITS BENEFITS, THE COMMISSIONER OR DRAINAGE BOARD SHALL ENTER AN

27    ORDER REJECTING THE PETITION AND GIVE NOTICE OF THE ORDER IN THE



   06729'98
                                  54

 1    MANNER PROVIDED IN SECTION 8.  AN ORDER UNDER THIS SUBSECTION

 2    SHALL INCLUDE FINDINGS OF FACT SUPPORTING THE DETERMINATION.  THE

 3    BOARD OF DETERMINATION OR DRAINAGE BOARD SHALL GIVE NOTICE OF AN

 4    ORDER UNDER THIS SUBSECTION IN THE MANNER PROVIDED IN SECTION 8

 5    AND SUBMIT A COPY OF THE ORDER TO THE COMMISSIONER OR TO EACH OF

 6    THE COMMISSIONERS.  THE COSTS INCURRED BY THE COMMISSIONER AND

 7    THE BOARD UNDER SECTIONS 52 AND 53 SHALL BE PAID FROM THE BOND

 8    THAT WAS FILED WITH THE PETITION.

 9         (6) AN ORDER UNDER SUBSECTION (5) MAY BE APPEALED UNDER

10    CHAPTER 26.

11         (7) IF, AFTER THE ENGINEERING ANALYSIS IS FILED UNDER SUB-

12    SECTION (1), BUT BEFORE THE HEARING TO DETERMINE IF THE DRAIN IS

13    NECESSARY FOR PUBLIC HEALTH, OR PUBLIC CONVENIENCE, OR PUBLIC

14    WELFARE, OR A COMBINATION THEREOF, AS ALLEGED IN THE PETITION, A

15    MAJORITY OF THE PETITIONERS UNDER SECTIONS 51 AND 51A FILE A

16    REQUEST WITH THE COMMISSIONER FOR A COUNTY DRAIN OR THE DRAINAGE

17    BOARD FOR AN INTERCOUNTY DRAIN REQUESTING THAT THE PETITION TO

18    ESTABLISH THE DRAINAGE DISTRICT AND TO ESTABLISH AND CONSTRUCT

19    THE DRAIN BE REJECTED, THE COMMISSIONER FOR A COUNTY DRAIN OR

20    DRAINAGE BOARD FOR AN INTERCOUNTY DRAIN SHALL FILE AN ORDER

21    REJECTING THE PETITION TO ESTABLISH THE DRAINAGE DISTRICT AND TO

22    ESTABLISH AND CONSTRUCT THE DRAIN.

23         (8) IF, AT OR BEFORE THE HEARING OF THE BOARD OF DETERMINA-

24    TION, WRITTEN OBJECTIONS TO THE ESTABLISHMENT OF THE DRAINAGE

25    DISTRICT AND THE ESTABLISHMENT AND CONSTRUCTION OF A DRAIN ARE

26    FILED BY NOT LESS THAN 20% OF THE LANDOWNERS IN THE PROPOSED

27    DRAINAGE DISTRICT WHOSE LANDS WOULD BE SUBJECT TO AN ASSESSMENT



   06729'98
                                  55

 1    FOR BENEFITS, THERE SHALL BE NO FURTHER PROCEEDINGS FOR THE

 2    ESTABLISHMENT OF A DRAINAGE DISTRICT AND THE ESTABLISHMENT AND

 3    CONSTRUCTION OF A DRAIN UNLESS THE PETITION UNDER SECTION 51 IS

 4    SIGNED BY NOT LESS THAN 50% OF THE LANDOWNERS IN THE PROPOSED

 5    DRAINAGE DISTRICT WHOSE LANDS WOULD BE SUBJECT TO AN ASSESSMENT

 6    FOR BENEFITS.  A SUPPLEMENTAL PETITION MAY BE FILED FOR THIS PUR-

 7    POSE NOT LESS THAN 35 DAYS AFTER THE OBJECTIONS ARE FILED.

 8    NOTICE OF THE OBJECTIONS AND THE RIGHT TO FILE A SUPPLEMENTAL

 9    PETITION UNDER THIS SECTION SHALL BE GIVEN IN THE MANNER PROVIDED

10    IN SECTION 8.

11         Sec. 54.  The commissioner shall prepare and file in his

12     office his order designating a drainage district and give it a

13     name or number and describe therein the boundaries of the dis-

14     trict by streets or highways or parcels of land for each of the

15     several tracts or parcels of land included therein and the coun-

16     ties, townships, cities, villages and state trunk line highways

17     which would be benefited by the construction of the drains and

18     would be liable to assessment therefor, also a description of the

19     drains as determined by him, showing the beginning, route, termi-

20     nus, type of the proposed construction and the estimated cost of

21     such proposed construction.  The commissioner shall give notice

22     of filing the order designating a drainage district by publishing

23     a notice in a newspaper of general circulation in the county, or

24     a newspaper of general circulation in the area where the drainage

25     district boundaries are located, which notice shall give a gen-

26     eral description of the route of the proposed drain or drains and

27     of the drainage district as shown by the order.



   06729'98
                                  56

 1         At any time after the order designating a drainage district

 2     and giving it a name or number has been filed in the office of

 3     the drain commissioner, the order may be amended as to the name

 4     or number of the drain at any time by presenting to the drain

 5     commissioner of the county a petition signed by no less than 5

 6     land owners whose land is traversed by the drain, which petition

 7     shall state the then present name or number of the drain and the

 8     change or changes to be made in the name or number.  Upon receipt

 9     of such petition, and if in the drain commissioner's opinion it

10     is to the best interest of all concerned that the name or number

11     be changed, he shall make his order amending the name or number,

12     and thereafter the drainage district shall be known by such name

13     or number.  The drain commissioner shall forthwith post such

14     signs upon the drain as he may deem advisable for public notice

15     of the new name or number. 

16         (1) IF THE DRAINAGE BOARD OR BOARD OF DETERMINATION DETER-

17    MINES BY MAJORITY VOTE THAT THE DRAINAGE DISTRICT IS NECESSARY

18    FOR PUBLIC HEALTH, OR PUBLIC CONVENIENCE, OR PUBLIC WELFARE, OR A

19    COMBINATION THEREOF, AS ALLEGED IN THE PETITION, THE BOARD SHALL

20    ENTER AN ORDER OF NECESSITY FOR THE ESTABLISHMENT AND CONSTRUC-

21    TION OF THE DRAIN.  THE ORDER SHALL DO ALL OF THE FOLLOWING:

22         (A) INCLUDE FINDINGS OF FACT SUPPORTING THE DETERMINATION

23    THAT THE DRAIN IS NECESSARY.  THE FINDINGS SUPPORTING A DETERMI-

24    NATION THAT THE DRAIN IS NECESSARY FOR PUBLIC HEALTH SHALL BE

25    BASED ON EXPERT AND OTHER TESTIMONY.

26         (B) STATE WHY PUBLIC FUNDS SHOULD BE USED TO SOLVE THE

27    PROBLEM.



   06729'98
                                  57

 1         (C) STATE WHICH RECOMMENDATION OF THE ENGINEER RESULTS IN

 2    THE LOWEST COST AND THE HIGHEST NATURAL RESOURCE QUALITIES FOR

 3    THE PUBLIC FUNDS THAT ARE TO BE SPENT.

 4         (D) DESCRIBE THE DRAINAGE DISTRICT BY ITS BOUNDARIES OR BY A

 5    DESCRIPTION OF ALL THE LAND THAT WOULD BE BENEFITED BY THE CON-

 6    STRUCTION OF THE DRAIN AND WOULD BE SUBJECT TO ASSESSMENT THERE-

 7    FOR INCLUDING THE COUNTIES, TOWNSHIPS, CITIES, AND VILLAGES;

 8    ROADWAYS; AND PARCELS OF LAND IDENTIFIED BY LEGAL DESCRIPTION OR

 9    TAX CODE PARCEL NUMBER.

10         (E) DESCRIBE THE BEGINNING, ROUTE, TERMINUS, TYPE OF THE

11    PROPOSED CONSTRUCTION, AND THE ESTIMATED COST OF SUCH PROPOSED

12    CONSTRUCTION.

13         (F) SET FORTH FINDINGS WHETHER ALL OR A PORTION OF THE COST

14    OF CONSTRUCTION OF THE DRAIN IS NECESSARY FOR THE PROTECTION OF

15    PUBLIC HEALTH IN 1 OR MORE MUNICIPALITIES.  IF THE BOARD FINDS

16    THAT THE WHOLE COST, EXCEPT THAT TO BE ASSESSED AGAINST ROADWAY

17    AUTHORITIES FOR BENEFITS TO ROADWAYS, IS NECESSARY FOR PUBLIC

18    HEALTH, THE COST SHALL BE ASSESSED AGAINST THE MUNICIPALITIES AT

19    LARGE.

20         (2) IF THE BOARD ENTERS AN ORDER OF NECESSITY, THE COSTS

21    INCURRED BY THE COMMISSIONER AND BOARD UNDER SECTIONS 52 AND 53

22    SHALL BE INCLUDED IN THE COMPUTATION OF THE COSTS FOR THE DRAIN.

23    ANY SECURITY POSTED UNDER SECTION 52 SHALL BE RELEASED TO THE

24    PERSONS WHO POSTED THE SECURITY.  NOT MORE THAN 14 DAYS AFTER THE

25    ORDER IS ENTERED, THE BOARD SHALL PUBLISH NOTICE OF THE ORDER IN

26    THE MANNER PROVIDED IN SECTION 8.





   06729'98
                                  58

 1         (3) WITHIN 35 DAYS AFTER THE ORDER OF NECESSITY IS MADE, THE

 2    COMMISSIONER FOR A COUNTY DRAIN OR DRAINAGE BOARD FOR AN

 3    INTERCOUNTY DRAIN SHALL NOTIFY, BY FIRST-CLASS MAIL, EACH MUNICI-

 4    PALITY IDENTIFIED IN THE ORDER OF NECESSITY AS RECEIVING BENEFITS

 5    AT LARGE FOR PUBLIC HEALTH THAT IT IS LIABLE TO PAY A PERCENT OF

 6    THE COST OF CONSTRUCTION OF THE DRAIN BY REASON OF BENEFITS FOR

 7    PUBLIC HEALTH.  THE MUNICIPALITY MAY APPEAL THIS DETERMINATION OF

 8    LIABILITY UNDER CHAPTER 26.

 9         (4) AN ORDER OF NECESSITY MAY BE APPEALED UNDER CHAPTER 26.

10         SEC. 56.  UPON RECEIPT OF A PETITION UNDER THIS CHAPTER, THE

11    COMMISSIONER OR DRAINAGE BOARD SHALL SEND A COPY OF THE PETITION

12    TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY AND BEGIN A PROCESS OF

13    CONFERRING AND COLLABORATING WITH THE DEPARTMENT OF ENVIRONMENTAL

14    QUALITY CONCERNING ANY PERMITS THAT MAY BE NEEDED FOR THE

15    PROJECT.  AS EARLY IN THE PROCEEDINGS UNDER THIS CHAPTER AS POS-

16    SIBLE, THE COMMISSIONER OR DRAINAGE BOARD SHALL APPLY FOR ANY

17    PERMITS REQUIRED UNDER THE NATURAL RESOURCES AND ENVIRONMENTAL

18    PROTECTION ACT, 1994 PA 451, MCL 324.101 TO 324.90106.  ALL COSTS

19    ASSOCIATED WITH EVALUATING NATURAL RESOURCE IMPACTS AND IMPLE-

20    MENTING THE MEASURES TO MINIMIZE THOSE IMPACTS SHALL BE THE

21    RESPONSIBILITY OF THE DRAINAGE DISTRICT.

22         SEC. 57.  (1) AFTER AN ORDER OF NECESSITY IS MADE, THE COM-

23    MISSIONER OR DRAINAGE BOARD SHALL PROCEED TO ACQUIRE PROPERTY FOR

24    THE DRAIN UNDER SECTION 7.

25         (2) THE APPORTIONMENT AND REVIEW OF BENEFITS, THE LETTING OF

26    CONTRACTS, AND THE LEVY AND COLLECTION OF DRAIN SPECIAL





   06729'98
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 1    ASSESSMENTS FOR THE DRAIN SHALL BE AS PROVIDED IN CHAPTERS 7, 9,

 2    AND 11.

 3         SEC. 58.  A PERSON SIGNING A PETITION UNDER THIS CHAPTER IS

 4    NOT ELIGIBLE TO SIGN A NEW PETITION OF THAT TYPE CONCERNING THE

 5    SAME DRAIN FOR 1 YEAR AFTER SIGNING THE FIRST PETITION.

 6                              CHAPTER 7  . 

 7                       APPORTIONMENT AND REVIEW  . 

 8         Sec. 151.  Upon the release of the right of way and dam-

 9     ages, or upon the determination and return of the special commis-

10     sioners, the commissioner shall make his final order of determi-

11     nation establishing the drain, which drain shall be divided into

12     convenient sections for the letting of contracts:  Provided, That

13     the commissioner may let the drain in sections or as a whole.

14     Said order of determination shall be filed with the county drain

15     commissioner within 5 days after such order is made.  He shall,

16     before 

17         (1) BEFORE the day of  letting and  review OF

18    APPORTIONMENTS, THE COMMISSIONER OR DRAINAGE BOARD SHALL fix the

19    number of installments for the collection of drainage  taxes 

20    ASSESSMENTS and apportion the  per cent  PERCENT of the cost of

21    construction of  such drain which any township, city or village

22     traversed or benefited thereby shall be  THE DRAIN THAT ANY CITY,

23    VILLAGE, OR TOWNSHIP IS liable to pay by reason of the benefit to

24    the public health  , convenience or welfare, or as the means of

25     improving any highway under the control of such township, city or

26  village.  He shall apportion the per cent of the cost of

27     construction of such drain which any highway then under the



   06729'98
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 1    control of the county or district road commissioners, shall be

 2     liable to pay by reason of benefits therefor, and as the means of

 3     improving such highway.  He shall also apportion the per cent of

 4     the cost of construction of such drain which any state trunk line

 5     highway, under the control of the state highway commissioner,

 6     shall be liable to pay by reason of benefits therefor and as the

 7     means of improving said highway.  He  OR THAT ANY ROADWAY AUTHOR-

 8    ITY IS LIABLE TO PAY BY REASON OF BENEFITS TO OR CONTRIBUTIONS

 9    FROM A ROADWAY.  THE APPORTIONMENT OF BENEFITS FOR STATE TRUNK

10    LINE HIGHWAYS AND THE PORTION PAID BY COUNTY ROAD COMMISSIONS FOR

11    BENEFIT TO COUNTY ROADS MUST BE PAID PURSUANT TO SECTION 14A OF

12    1951 PA 51, MCL 247.664A.  THE COUNTY MAY ASSUME AN ADDITIONAL

13    COST OF THE DRAIN BY THE VOTE OF 2/3 OF THE MEMBERS ELECT OF THE

14    COUNTY BOARD OF COMMISSIONERS.

15         (2) IN MAKING THE APPORTIONMENTS TO CITIES, VILLAGES, AND

16    TOWNSHIPS FOR BENEFITS TO PUBLIC HEALTH, THE COMMISSIONER OR

17    DRAINAGE BOARD SHALL CONSIDER THE BENEFITS TO ACCRUE TO EACH

18    CITY, VILLAGE, OR TOWNSHIP AND ALSO THE EXTENT TO WHICH EACH

19    CITY, VILLAGE, OR TOWNSHIP CONTRIBUTES TO THE CONDITIONS THAT

20    MAKE THE PROJECT NECESSARY.  APPORTIONMENTS AGAINST THIS STATE OR

21    A COUNTY FOR PUBLIC HEALTH BENEFITS SHALL RELATE SOLELY TO STATE

22    TRUNK LINE HIGHWAYS OR COUNTY ROADS, RESPECTIVELY.  EXCEPT AS

23    OTHERWISE PROVIDED IN THIS SECTION, ASSESSMENTS AGAINST A TOWN-

24    SHIP FOR BENEFITS TO PUBLIC HEALTH SHALL BE AGAINST THE TOWNSHIP

25    AS A WHOLE, INCLUDING ANY VILLAGE.  HOWEVER, THE DRAINAGE BOARD

26    OR THE COMMISSIONER MAY DETERMINE TO ASSESS SEPARATELY OR EXCLUDE

27    A VILLAGE, IN WHICH CASE THE ASSESSMENT AGAINST THE TOWNSHIP



   06729'98
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 1    SHALL BE EXCLUSIVE OF THE VILLAGE AND THE TAX LEVIES TO BE MADE

 2    BY THE TOWNSHIP TO PAY THE ASSESSMENT SHALL NOT INCLUDE PROPERTY

 3    TAXABLE IN THE VILLAGE.

 4         (3) THE COMMISSIONER shall also apportion the  per cent 

 5    PERCENT of benefits to accrue to any piece or parcel of

 6    PRIVATELY-OWNED land by reason of the construction, MAINTENANCE,

 7    OR IMPROVEMENT of  such  THE drain.  over and above the per cent 

 8    THIS APPORTIONMENT MAY BE IN ADDITION TO THE PERCENT apportioned

 9    to any township, city, or village at large or to any  highway as

10     above provided  ROADWAY UNDER SUBSECTION (1).  Such per cent so

11     apportioned 

12         (4) THE PERCENT APPORTIONED UNDER THIS SECTION, when finally

13    approved, shall be assessed  against such townships, cities and

14     villages and against the county at large by reason of the

15     improvement of the highways within the drainage district, and

16     against the state by reason of the improvement of the state trunk

17     line highways within such drainage district, and against all par-

18     cels of land therein  according to  such  THE apportionment of

19    benefits.  as herein provided.  The apportionment of benefits  so

20     made shall be  IS subject to review and correction and may be

21    appealed from as PROVIDED in this act.  provided.  The board of

22     supervisors  COMMISSIONERS at its October meeting each year

23    shall make provision by proper assessment of the amounts appor-

24    tioned against any  highway under the control of the county and

25     district highway commissioners  COUNTY ROAD.







   06729'98
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 1         Sec. 152.  All apportionments of benefits under the

 2     provisions of this act shall be upon the principle of benefits

 3     derived.  All descriptions 

 4         (1) EACH APPORTIONMENT SHALL BE BASED ON PROVABLE BENEFITS

 5    TO THE INDIVIDUAL PARCEL, MUNICIPALITY, OR ROADWAY.

 6         (2) BY NOT LATER THAN 1 YEAR AFTER THE EFFECTIVE DATE OF THE

 7    AMENDATORY ACT THAT ADDED THIS SENTENCE, THE DEPARTMENT OF AGRI-

 8    CULTURE AND THE DEPARTMENT OF TREASURY SHALL JOINTLY PROMULGATE

 9    RULES PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969

10    PA 306, MCL 24.201 TO 24.328, SETTING FORTH UNIFORM STANDARD PRO-

11    CEDURES AND METHODS FOR APPORTIONING BENEFITS UNDER THIS ACT.

12         (3) A DESCRIPTION of land under  the provisions of  this act

13    shall be made by giving the legal subdivision thereof, whenever

14    practicable, and when the tract of land which is to be benefited

15    or affected by  such  A drain is less than  such  A legal

16    subdivision, it may be described by designation of the lot or A

17    PART OF A LOT OR other boundaries, or in some way.  by which it

18     may be known.  IF THE COMMISSIONER RETAINS IN HIS OR HER OFFICE A

19    DETAILED DESCRIPTION, MAP, OR OTHER SPECIFICATION THAT DESIGNATES

20    A PARCEL OR PORTION OF A PARCEL TO BE BENEFITED BY THE DRAIN, THE

21    COMMISSIONER, INSTEAD OF PROVIDING A SPECIFIC DESCRIPTION OF THE

22    PARCEL, MAY DESIGNATE THE PARCEL BY USE OF THE PARCEL'S TAX

23    PARCEL IDENTIFICATION NUMBER.

24         (4) THE APPORTIONMENT OF BENEFITS FOR STATE TRUNK LINE HIGH-

25    WAYS AND THE PORTION PAID BY COUNTY ROAD COMMISSIONS FOR BENEFIT

26    TO COUNTY ROADS MUST BE PAID PURSUANT TO SECTION 14A OF 1951

27    PA 51, MCL 247.664A.



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 1         Sec. 154.  (1)  The commissioner shall give notice for the

 2     receiving of bids for the construction of the drain and for the

 3     holding of a public meeting.  At the meeting a review shall be

 4     made of the apportionment of benefits.  The notice shall specify

 5     the time and place of receiving bids, and the time and place of

 6     the meeting for review of apportionment.  The meeting shall be

 7     not less than 5 nor more than 30 days after the date set for

 8     receiving bids.  The notice shall be given by publication of at

 9     least 2 insertions in a newspaper published and of general circu-

10     lation in the county.  The first publication shall be at least 10

11     days before the date set for receiving bids.  The drain commis-

12     sioner shall send notice by first class mail of the time, date,

13     and place of the meeting, at least 10 days before the date of the

14     meeting, to each person whose name appears upon the last city or

15     township tax assessment roll as owning land within the special

16     assessment district, at the address shown on the roll.  If an

17     address does not appear on the roll, then notice need not be

18     mailed to the person.  The drain commissioner shall make an affi-

19     davit of the mailing and shall recite in the affidavit that the

20     persons to whom the notice was mailed, constitute all of the per-

21     sons whose names and addresses appear upon the tax rolls as

22     owning land within the particular special assessment district.

23     The affidavit shall be conclusive proof that notice was mailed to

24     each person to whom notice is required to be mailed.  If notice

25     has been sent by first class mail as provided in this section,

26     the failure to receive notice by mail shall not constitute a

27     jurisdictional defect invalidating a drain proceeding or tax. 



   06729'98
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 1    AFTER DETERMINING THE APPORTIONMENT OF BENEFITS FOR THE PROJECT,

 2    THE COMMISSIONER OR DRAINAGE BOARD SHALL PROCEED UNDER SECTION

 3    221 TO DETERMINE THE LOWEST RESPONSIBLE BIDDER FOR THE PROJECT.

 4    BASED ON THE LOWEST RESPONSIBLE BID, THE COMMISSIONER OR DRAINAGE

 5    BOARD SHALL COMPUTE THE TOTAL COST FOR THE DRAIN PROJECT INCLUD-

 6    ING THE ITEMS LISTED IN SECTION 261 AND THE AMOUNT TO BE ASSESSED

 7    AGAINST EACH PRIVATE LANDOWNER, MUNICIPALITY, OR ROADWAY.  THE

 8    COMMISSIONER RESPONSIBLE FOR APPORTIONMENT OF BENEFITS FOR THE

 9    COUNTY OR INTERCOUNTY DRAIN SHALL THEN GIVE NOTICE UNDER SECTION

10    8 OF THE MEETING FOR THE REVIEW OF THE APPORTIONMENTS MADE BY

11    THAT COMMISSIONER.  THE NOTICE TO EACH PERSON SUBJECT TO AN

12    ASSESSMENT FOR THE COSTS OF THE PROJECT SHALL STATE THE TOTAL

13    COST OF THE PROJECT AS COMPUTED UNDER SECTION 221, THE PERCENTAGE

14    OF THE COST OF THE PROJECT APPORTIONED TO THAT PERSON, AND THE

15    AMOUNT TO BE ASSESSED TO THAT PERSON. If the board of determina-

16    tion OR DRAINAGE BOARD determines that the drain is necessary for

17    the protection of the public health and that the whole cost of

18    the drain, except that part which may be apportioned TO ROADWAY

19    AUTHORITIES for benefits to highways, shall be apportioned to

20    municipalities, then mailing of individual notices to persons

21    owning land within the special assessment district as provided in

22    this section  shall not be  IS NOT required.

23          (2) The notice shall also contain the names of the coun-

24     ties, cities, townships, or villages to be assessed at large, and

25     shall be personally served on the county clerk and 1 or more mem-

26     bers of the road commission of a county or road district, the

27     supervisor of a township, the mayor of a city, and the president



   06729'98
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 1    of a village to be assessed at large.  The notice shall contain a

 2     description of the land constituting the special assessment dis-

 3     trict for the drain.  The description may be stated by designat-

 4     ing the boundaries of the special assessment district by streets,

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

 6     or parcels of land constituting the district.  A tract or parcel

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

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

 9     the drain further than by reference to it by its name or number.

10     The notice shall also state the number and length of sections,

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

12     closed drains, the amount and specifications of all tile or pipe

13     required.  The notice shall contain the location, number, type,

14     and size of all culverts and bridges and the conditions upon

15     which the contract will be awarded.  The notice need not contain

16     minutes of survey or table of cuttings which shall be kept on

17     file in the office of the drain commissioner.

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

19     of the drain shall be made before the time set for review of the

20     apportionment, and the computation shall be open to inspection.

21     If the computation is not completed before the day of review, the

22     review may be adjourned from time to time, not more than 20 days

23     in all, for the completion of the computation, or a new hearing

24     may be called with similar notice, by publication and service at

25     least 10 days before the hearing. 

26         (2) If the contracts on which the computation was based are

27    not executed and new contracts  shall  WILL be let at a higher



   06729'98
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 1    price, a corrected computation shall be made and a new review

 2    held with  a similar  THE SAME notice.  At the time and place

 3    fixed in the notice, or at another time and place to which the

 4     county drain  commissioner may adjourn the hearing, the appor-

 5    tionment of benefits and the lands comprised within the special

 6    assessment district shall be subject to review for at least  1

 7     day  3 DAYS.  The review shall be held open from 9 a.m. until 5

 8    p.m. ON 2 DAYS AND FROM 6 P.M. TO 9 P.M. ON 1 OTHER DAY. On the

 9    DAY OF review, the county clerk or the county road commission may

10    appear on behalf of the county or a road district; the supervisor

11     or commissioner of highways  of a township may appear on behalf

12    of a township; the mayor or an officer of the city designated by

13    the mayor may appear for a city; AND the president may appear on

14    behalf of a village.  At the review, the  county drain  commis-

15    sioner shall  hear the proofs and allegations  RECEIVE COMMENTS

16    AND INFORMATION ON THE APPORTIONMENT and shall carefully recon-

17    sider and review the description of land comprised within the

18    special assessment district, the several descriptions and appor-

19    tionment of benefits, and define and equalize the land as is just

20    and equitable.  THE OWNER OF ANY LAND IN THE DRAINAGE DISTRICT

21    AGGRIEVED BY THE APPORTIONMENT OF BENEFITS MAY APPEAL THE APPOR-

22    TIONMENT UNDER CHAPTER 26.

23         (3)  (4) When  IF an apportionment of benefits is made

24    against a state trunk line highway, unless the  state highway 

25    director OF THE STATE TRANSPORTATION DEPARTMENT consents in writ-

26    ing to the apportionment, the  drain  commissioner, at least  20 

27    21 days before the  review on the trunk line  DAY OF REVIEW,



   06729'98
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 1    shall notify THE DIRECTOR OF THE STATE TRANSPORTATION DEPARTMENT

 2    by  registered  CERTIFIED mail  the state highway director  of

 3    the  percentage apportioned  TOTAL COST OF THE PROJECT, AS COM-

 4    PUTED UNDER SECTION 221, THE PERCENTAGE OF THE COST OF THE

 5    PROJECT APPORTIONED AGAINST THE STATE TRUNK LINE HIGHWAY, AND THE

 6    AMOUNT TO BE ASSESSED against the STATE TRUNK LINE highway and

 7    the date, time, and place fixed for a review of apportionment of

 8    benefits.  If the  state highway director  DIRECTOR OF THE STATE

 9    TRANSPORTATION DEPARTMENT desires to have the apportionment of

10    benefits reviewed by the director of  the department of  agricul-

11    ture, the  state highway  director  , within 10  OF THE STATE

12    TRANSPORTATION DEPARTMENT, NOT MORE THAN 14 days  from  AFTER the

13    receipt of the notice, shall file with the  drain  commissioner

14    an objection to the apportionment.  The  drain  commissioner

15    shall notify the director  of the department  of agriculture of

16    the date, time, and place fixed for the review of apportionments.

17     , and at  AT the meeting, the director of  the department of 

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

19    apportionment made against the state trunk line highway, listen

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

21    STATE TRUNK LINE highway benefited.  The action and decision on

22    the apportionment SHALL BE reduced to writing  shall be  AND IS

23    final.

24         (4) THE DIRECTOR OF THE STATE TRANSPORTATION DEPARTMENT

25    SHALL NOTIFY THE COMMISSIONER IN WRITING WHETHER THE DEPARTMENT

26    WILL PAY ANY ASSESSMENT AGAINST STATE TRUNK LINE HIGHWAYS IN A

27    SINGLE PAYMENT OR IN INSTALLMENTS.  IF THE DIRECTOR OF THE STATE



   06729'98
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 1    TRANSPORTATION DEPARTMENT DOES NOT SPECIFY BEFORE THE

 2    ADVERTISEMENT OF THE SALE OF BONDS OR NOTES WHETHER THE DEPART-

 3    MENT WILL PAY THE ASSESSMENT IN FULL OR IN INSTALLMENTS, THE

 4    DEPARTMENT IS LIABLE FOR THE INTEREST CHARGES INCURRED AS A

 5    RESULT OF THE SALE OF BONDS OR NOTES.

 6         (5) ASSESSMENTS RELATED TO DRAINAGE OF STATE TRUNK LINE

 7    HIGHWAYS SHALL BE PAID FROM FUNDS APPROPRIATED TO THE STATE

 8    TRANSPORTATION DEPARTMENT.

 9         SEC. 163.  (1) TO INITIATE THE REAPPORTIONMENT OF BENEFITS

10    ASSESSED IN A PARTICULAR COUNTY FOR A PROJECT, A PETITION SHALL

11    BE FILED WITH THE DRAIN COMMISSIONER.  THE PETITION SHALL STATE

12    THAT THE CURRENT APPORTIONMENT OF BENEFITS IS INEQUITABLE AND

13    UNJUST AND SHALL REQUEST A NEW APPORTIONMENT.  THE PETITION SHALL

14    BE SIGNED BY AT LEAST 5 LANDOWNERS IN THE DRAINAGE DISTRICT IN

15    THAT COUNTY WHOSE LANDS ARE SUBJECT TO ASSESSMENT FOR BENEFITS OR

16    BY AT LEAST 50% OF THE LANDOWNERS IN THE DRAINAGE DISTRICT IN

17    THAT COUNTY WHOSE LANDS ARE SUBJECT TO ASSESSMENT FOR BENEFITS IF

18    THERE ARE LESS THAN 5 SUCH LANDOWNERS.  THE DRAIN COMMISSIONER

19    SHALL DETERMINE THE ELIGIBILITY OF THE SIGNERS TO THE PETITION

20    BASED ON THEIR STATUS AS LANDOWNERS WHEN THE PETITION WAS FILED.

21         (2) INSTEAD OF LANDOWNERS, A MUNICIPALITY MAY PETITION FOR A

22    REAPPORTIONMENT OF BENEFITS IF THE MUNICIPALITY IS ASSESSED AT

23    LARGE FOR A PROJECT AND THE MUNICIPALITY UNDER FORMER

24    SECTION 489A, 490, 538A, OR 539 OF THIS ACT CAUSED A PORTION OF

25    THAT AT-LARGE ASSESSMENT TO BE SPECIALLY ASSESSED AGAINST ESPE-

26    CIALLY BENEFITED LANDS.  AFTER THE EFFECTIVE DATE OF THE

27    AMENDATORY ACT THAT ADDED THIS SECTION, A MUNICIPALITY SHALL NOT



   06729'98
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 1    CAUSE ALL OR PART OF AN AT-LARGE ASSESSMENT UNDER THIS ACT TO BE

 2    SPECIALLY ASSESSED AGAINST ESPECIALLY BENEFITED LANDS.  SUCH

 3    LANDS MAY BE DIRECTLY ASSESSED BY THE COMMISSIONER OR DRAINAGE

 4    BOARD THROUGH A REAPPORTIONMENT OF BENEFITS UNDER THIS SECTION.

 5         (3) NOT MORE THAN 56 DAYS AFTER THE FILING OF THE PETITION,

 6    THE DRAIN COMMISSIONER SHALL HOLD A MEETING ON THE PETITION.  THE

 7    MEETING SHALL BE HELD AT A LOCATION AS PROVIDED IN SECTION 51A.

 8    THE DRAIN COMMISSIONER SHALL ARRANGE FOR A VERBATIM RECORD OF THE

 9    PROCEEDINGS IN THE MANNER PROVIDED IN SECTION 51A.  NOTICE OF THE

10    MEETING SHALL BE GIVEN IN THE MANNER PROVIDED IN SECTION 8.

11         (4) AT THE MEETING, THE DRAIN COMMISSIONER SHALL RECEIVE

12    COMMENTS AND INFORMATION ON WHETHER BENEFITS FROM THE PROJECT

13    SHOULD BE REAPPORTIONED.  AT THE MEETING, OR WITHIN 14 DAYS AFTER

14 THE MEETING, THE DRAIN COMMISSIONER SHALL DECIDE WHETHER THE BEN-

15    EFITS ARE PROPERLY APPORTIONED UNDER THE STANDARDS SET FORTH IN

16    SECTIONS 151 AND 152 AND SHALL FILE AN ORDER GRANTING OR REJECT-

17    ING THE PETITION ACCORDINGLY.  THE DRAIN COMMISSIONER SHALL

18    PROMPTLY GIVE NOTICE OF THE ORDER IN THE MANNER PROVIDED IN SEC-

19    TION 8.  IF THE DRAIN COMMISSIONER DECIDES TO GRANT THE PETITION,

20    THE DRAIN COMMISSIONER SHALL ALSO GIVE NOTICE IN THE MANNER PRO-

21    VIDED IN SECTION 8 OF THE TIME AND PLACE FOR A MEETING FOR THE

22    REVIEW OF APPORTIONMENTS, TO BE HELD NOT LESS THAN 14 DAYS OR

23    MORE THAN 28 DAYS AFTER THE DATE OF THE ORDER.  THESE NOTICES MAY

24    BE COMBINED.

25         (5) THE DRAIN COMMISSIONER SHALL APPORTION BENEFITS AS PRO-

26    VIDED IN SECTIONS 151 AND 152.  THE DAY OF REVIEW SHALL BE

27    CONDUCTED IN THE SAME MANNER AND SUBJECT TO THE SAME RIGHTS OF



   06729'98
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 1    REVIEW AND APPEAL AS THE INITIAL DAY OF REVIEW FOR A PROJECT

 2    UNDER THIS CHAPTER.

 3         (6) A PETITION SHALL NOT BE FILED UNDER THIS SECTION WITHIN

 4    5 YEARS AFTER THE INITIAL DAY OF REVIEW FOR A PROJECT UNDER THIS

 5    CHAPTER OR WITHIN 5 YEARS AFTER THE FILING OF AN ORDER UNDER SUB-

 6    SECTION (3) GRANTING OR REJECTING A PREVIOUS PETITION UNDER THIS

 7    SECTION.

 8                              CHAPTER 8  . 

 9                            MAINTAINING DRAINS

10         Sec. 191.  When a drain or portion thereof, which traverses

11     lands wholly in 1 county, and lands only in 1 county which is

12     subject to assessment, needs cleaning out, relocating, widening,

13     deepening, straightening, tiling, extending, or relocating along

14     a highway, or requires structures or mechanical devices that will

15     properly purify or improve the flow of the drain or pumping

16     equipment necessary to assist or relieve the flow of the drain,

17     or needs supplementing by the construction of 1 or more relief

18     drains which may consist of new drains or extensions, enlarge-

19     ments, or connections to existing drains, or needs 1 or more

20     branches added thereto, any 5 or at least 50% of the freeholders

21     if there are less than 5 freeholders whose lands shall be liable

22     to an assessment for benefits of such work, may make petition in

23     writing to the commissioner setting forth the necessity of the

24     proposed work and the commissioner shall proceed in the same

25     manner provided for the location, establishment, and construction

26     of a drain.  If the project includes a tiled relief drain, or the

27     tiling of an existing open drain or any portion thereof, with a



   06729'98
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 1    conduit a part of which has an inside diameter in excess of 36

 2     inches or the retiling of an existing drain with a conduit, a

 3     part of which has an inside diameter in excess of 36 inches, then

 4     the petition shall comply with section 71.  The preceding sen-

 5     tence shall not be applicable to the construction of bridges,

 6     culverts, and passageways.  The word tiling as used in this and

 7     other sections of this act, means the laying of a conduit com-

 8     posed of tile, brick, concrete, or other material.  When it is

 9     necessary for the public health of 1 or more cities, villages,

10     and townships, the petition may be signed solely by a city, vil-

11     lage, or township when authorized by its governing body or by a

12     combination of the municipalities, if the municipality or munici-

13     palities are liable to assessments at large for a percentage of

14     the total amount assessed for the cost of the proposed work.

15     After the board of determination determines the necessity for the

16     work, as provided in section 72, the commissioner shall, as soon

17     as practicable after the final order of determination prescribed

18     in section 151 has been filed by him, proceed as provided in sec-

19     tions 151 to 161.  If the apportionment is the same as the last

20     recorded apportionments, no day of review is necessary, but in

21     other cases the commissioner shall proceed as provided in sec-

22     tions 151 to 161, including the notice of and the holding of a

23     day of review. 

24         (1) SUBJECT TO SUBSECTION (2), A COUNTY DRAIN OR AN INTER-

25    COUNTY DRAIN MAY BE MAINTAINED UNDER THIS CHAPTER.







   06729'98
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 1         (2) A DRAIN OR PORTION OF A DRAIN THAT WAS AT ANY TIME A

 2    NATURAL WATERCOURSE SHALL NOT BE MAINTAINED UNDER THIS CHAPTER

 3    BUT MAY BE IMPROVED UNDER CHAPTER 8A.

 4         Sec. 192.  Whenever a drain or portion thereof, which

 5     traverses lands in more than 1 county, and lands in more than 1

 6     county shall be subject to assessments, needs cleaning out, relo-

 7     cating, widening, deepening, straightening, tiling, extending or

 8     relocating along a highway, or requires structures or mechanical

 9     devices that will properly purify or improve the flow of the

10     drain or pumping equipment necessary to assist or relieve the

11     flow of the drain, or needs supplementing by the construction of

12     1 or more relief drains which may consist of new drains or exten-

13     sions, enlargements or connections to existing drains, or needs 1

14     or more branches added thereto, freeholders within the drainage

15     district equal to 50% of the number of freeholders whose lands

16     are traversed by said drain or drains in said petition or abut on

17     any highway or street along either side of which such drain

18     extends, between the point where said drain enters such highway

19     and the point where it leaves such highway or street and which

20     lands are within the drainage district, may make a petition in

21     writing to the commissioner of any county having lands in such

22     district setting forth the necessity of such proposed work.

23     Whenever it is necessary for the public health of 1 or more

24     cities, villages or townships, the petition may be signed solely

25     by a city, village or township when duly authorized by its gov-

26     erning body or by any combination of such municipalities if the

27     municipality or municipalities will be liable to assessments at



   06729'98
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 1    large for a percentage of the total amount to be assessed for the

 2     cost of the proposed work.  The percentage of cost apportioned to

 3     the municipality or municipalities shall be based upon the bene-

 4     fits to accrue to such municipality or municipalities and also

 5     the extent to which they contribute to the conditions which makes

 6     the drain necessary.  Upon receipt of such petition, the commis-

 7     sioner shall notify the state director of agriculture and the

 8     commissioners of each county embracing any lands in the drainage

 9     district, and the director of agriculture shall call a meeting

10     within the time and in the manner prescribed in section 122.  The

11     persons so named shall constitute a drainage board and if such

12     work is then determined to be practicable, they may thereupon

13     appoint a competent surveyor or engineer to make a survey of said

14     drain, and lay out a drainage district according to section 104.

15     After the surveyor or engineer has filed all data with the drain-

16     age board, the director of agriculture shall call a meeting as

17     provided in section 122, and thereafter take all steps and per-

18     form all acts which are required to be done by said board upon a

19     petition for the location, establishment and construction of

20     drains as provided in sections 121 to 135.  Such board and the

21     commissioners shall exercise such power and be subject to such

22     limitations as are provided in sections 121 to 135.  UPON REQUEST

23    AND SUBJECT TO SECTION 44, THE COMMISSIONER OR DRAINAGE BOARD

24    SHALL SUPPLY AN APPLICATION FORM FOR MAINTENANCE OF A DRAIN TO

25    ANY PERSON LIABLE FOR AN ASSESSMENT IN THE DRAINAGE DISTRICT.  A

26    COMPLETED APPLICATION FORM RETURNED TO THE DRAIN COMMISSION UNDER

27    THIS SECTION SHALL STATE THAT IT IS FOR THE PURPOSE OF REQUESTING



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 1    ONLY MAINTENANCE ON A DRAIN.  THE COMPLETED APPLICATION FORM

 2    SHALL CONTAIN, BUT NEED NOT BE LIMITED TO, THE FOLLOWING

 3    INFORMATION:

 4         (A) A SPECIFIC DESCRIPTION OF THE PROBLEM.

 5         (B) A DESCRIPTION OF THE LOCATION OF THE PROBLEM.

 6         (C) NAMES AND ADDRESSES OF OTHER LANDOWNERS AFFECTED BY THE

 7    PROBLEM.

 8         (D) THE EXTENT AND SEVERITY OF THE PROBLEM, INCLUDING THE

 9    FREQUENCY OF THE PROBLEM'S OCCURRENCE AND THE ESTIMATED DAMAGES

10    PER OCCURRENCE.  DOCUMENTATION SUPPORTING THIS INFORMATION SHALL

11    BE ATTACHED TO THE APPLICATION.

12         (E) A STATEMENT OF THE MAXIMUM EXTENT OF CORRECTIVE ACTION

13    AND MAXIMUM COSTS FOR A PROJECT ACCEPTABLE TO THE APPLICANTS.

14         (F) THE SIGNATURE OF THE APPLICANT AND THE DATE OF FILING OF

15    THE APPLICATION.

16         (G) A SUGGESTED DATE FOR CONSULTATION WITH THE

17    COMMISSIONER.  THIS DATE SHALL NOT BE MORE THAN 21 DAYS FROM THE

18    DATE OF FILING OF THE APPLICATION.

19         Sec. 193.  All apportionments hereunder shall be made

20     according to the benefits received and shall be subject to appeal

21     the same as in the first instance.  In case the apportionment

22     shall be the same as the last recorded apportionment, no day of

23     review shall be necessary.  In case the apportionment shall be

24     changed, or in case an apportionment is made in a consolidated

25     district which apportions benefits between lands which have not

26     been previously assessed by the consolidated district, the

27     procedure shall be in all respects in accordance with the



   06729'98
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 1    provisions of chapter 7 of this act, including the notice of and

 2     the holding of a day of review. 

 3         (1) UPON RECEIPT OF A PROPERLY COMPLETED APPLICATION FORM,

 4    THE COMMISSIONER OR DRAINAGE BOARD SHALL INVESTIGATE THE STATED

 5    PROBLEM.

 6         (2) FOLLOWING THE INVESTIGATION, THE DRAIN COMMISSIONER OR

 7    DRAINAGE BOARD SHALL PREPARE AN EVALUATION OF, AND RECOMMENDED

 8    SOLUTION TO, THE PROBLEM IN WRITING.

 9         (3) THE FINDINGS OF THE COMMISSIONER OR DRAINAGE BOARD SHALL

10    CONTAIN AN EVALUATION OF WHETHER THE PROBLEM IS OF SIGNIFICANT

11    MAGNITUDE TO WARRANT MAINTENANCE OF THE DRAIN, AN ESTIMATE OF THE

12    SCOPE OF THE PROJECT NECESSARY TO CORRECT THE STATED PROBLEM, AND

13    AN ESTIMATE OF THE COST OF THE PROJECT.

14         (4) IF THE COMMISSIONER OR DRAINAGE BOARD ESTIMATES THAT THE

15    COST OF THE PROJECT WILL EXCEED $2,500.00 PER MILE OR FRACTION OF

16    A MILE IN 1 YEAR, THE PROJECT SHALL NOT BE UNDERTAKEN UNDER THIS

17    CHAPTER.  THE FINDINGS SHALL STATE THAT, BECAUSE THE COST OF THE

18    PROJECT WILL EXCEED $2,500.00 PER MILE OR FRACTION OF A MILE IN 1

19    YEAR, THE APPLICANTS MUST PROCEED UNDER CHAPTER 8A IF THEY WANT

20    THE PROJECT TO BE UNDERTAKEN.

21         (5) IF THE COMMISSIONER OR DRAINAGE BOARD ESTIMATES THAT THE

22    COST OF THE PROJECT WILL NOT EXCEED $2,500.00 PER MILE OR FRAC-

23    TION OF A MILE IN 1 YEAR AND THAT THE PROBLEM IS OF SIGNIFICANT

24    MAGNITUDE TO WARRANT MAINTENANCE OF THE DRAIN, THE COMMISSIONER

25    OR DRAINAGE BOARD SHALL PROCEED WITH THE MAINTENANCE.  THE COM-

26    MISSIONER OR DRAINAGE BOARD SHALL DO ALL OF THE FOLLOWING:





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 1         (A) GIVE NOTICE AS PROVIDED UNDER SECTION 8.

 2         (B) DEVELOP SPECIFICATIONS FOR THE MAINTENANCE PROJECT.

 3         (C) LET BIDS, APPORTION COSTS, AND LEVY ASSESSMENTS AS PRO-

 4    VIDED IN CHAPTERS 7 AND 9.

 5         (6) IF THE COMMISSIONER OR DRAINAGE BOARD ESTIMATES THAT THE

 6    COST OF THE PROJECT WILL NOT EXCEED $2,500.00 PER MILE OR FRAC-

 7    TION OF A MILE IN 1 YEAR AND THAT THE PROBLEM IS NOT OF SIGNIFI-

 8    CANT MAGNITUDE TO WARRANT MAINTENANCE OF THE DRAIN, THE COMMIS-

 9    SIONER OR DRAINAGE BOARD SHALL NOT PROCEED WITH THE PROJECT

10    UNLESS A PETITION FOR MAINTENANCE IS FILED IN THE MANNER PROVIDED

11    IN CHAPTER 3.  IF A PETITION MEETING THE REQUIREMENTS OF CHAPTER

12    3 IS FILED, ALL OF THE FOLLOWING APPLY:

13         (A) THE COMMISSIONER OR DRAINAGE BOARD SHALL GIVE NOTICE AS

14    PROVIDED UNDER SECTION 8.

15         (B) THE BOARD OF DETERMINATION OR DRAINAGE BOARD SHALL

16    DETERMINE THE NECESSITY OF THE PROJECT AS PROVIDED IN CHAPTER 3.

17         (C) THE COMMISSIONER OR DRAINAGE BOARD SHALL DEVELOP SPECI-

18    FICATIONS FOR THE SPECIFIC MAINTENANCE PROJECT PETITIONED FOR AND

19    SHALL LET BIDS, APPORTION COSTS, AND LEVY ASSESSMENTS AS PROVIDED

20    IN CHAPTERS 7 AND 9.

21         (7) IF THE FINDINGS INDICATE THAT AN OBSTRUCTION HAS BEEN

22    CREATED BY A PERSON, THE COMMISSIONER OR DRAINAGE BOARD SHALL

23    PROCEED UNDER SECTION 421.

24         (8) A COPY OF THE DRAIN COMMISSIONER'S RESPONSE SHALL BE

25    PROVIDED TO EVERY APPLICANT WITHIN 28 DAYS.

26         (9) THE DETERMINATION OF THE MAXIMUM EXPENDITURE ALLOWED

27    WITHOUT A PETITION OR RESOLUTION SHALL BE BASED ON THE TOTAL



   06729'98
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 1    NUMBER OF MILES OF THE DRAIN AND NOT ON THE ACTUAL NUMBER OF

 2    MILES OR LOCATION OF THE MAINTENANCE OR REPAIR.  THE AMOUNT OF

 3    THE TOTAL ASSESSMENT SHALL NOT EXCEED THE ACTUAL COST OF THE

 4    MAINTENANCE PERFORMED.  FOR THE PURPOSES OF THIS SECTION, MAINTE-

 5    NANCE COSTS THAT ARE UTILITY CHARGES OR COSTS TO SERVICE PUMPING

 6    STATIONS, SEWAGE TREATMENT FACILITIES, OR RETENTION BASINS SHALL

 7    NOT BE CONSIDERED IN CALCULATING THE AMOUNT TO BE EXPENDED FOR

 8    MAINTENANCE.

 9                                CHAPTER 8A

10                               IMPROVEMENTS

11         SEC. 201.  (1) A COUNTY OR INTERCOUNTY DRAIN MAY BE IMPROVED

12    UNDER THIS CHAPTER.

13         (2) IMPROVEMENT ACTIVITIES MADE TO ALL OR PART OF A DRAIN

14    THAT WAS AT ANY TIME A NATURAL WATERCOURSE REQUIRE ALL STATE AND

15    FEDERAL PERMITS.

16         (3) SUBJECT TO PART 315 OF THE NATURAL RESOURCES AND ENVI-

17    RONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.31501 TO

18    324.31529, AN EXISTING DAM IN A DRAIN MAY BE OPERATED AND MAIN-

19    TAINED OR ANY OTHER STRUCTURE IN OR ADJACENT TO THE DRAIN MAY BE

20    CONSTRUCTED, OPERATED, AND MAINTAINED TO CONTROL THE RATE OF FLOW

21    THROUGH OR INTO THE DRAIN, OR THE LEVEL OF WATER, OR THE AMOUNT

22    OF SEEPAGE, OR TO PROVIDE FOR REMOVAL OF DRAINAGE BY PUMPING AND

23    OTHER MECHANICAL OPERATIONS.  A PETITION FOR SUCH A DAM OR STRUC-

24    TURE SHALL STATE THAT THE IMPROVEMENT IS NECESSARY TO DRAIN, PRO-

25    TECT, OR IRRIGATE LAND.  THE PETITION MAY STATE THE DESIRED LOCA-

26    TION OF THE DAM OR STRUCTURE, THE PROPOSED METHOD OF OPERATION

27    AND OUTLET, AND HOW HISTORICAL DRAINAGE IS TO BE MAINTAINED.



   06729'98
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 1         (4) A DRAINAGE DISTRICT MAY BE CONSOLIDATED WITH ANY

 2    ADJACENT ESTABLISHED DRAINAGE DISTRICT OR HAVE LANDS ADDED OR

 3    DELETED.  THE CONSOLIDATION, ADDITION, OR DELETION SHALL OTHER-

 4    WISE COMPLY WITH SECTION 277A RELATIVE TO DISPOSITION OF FUNDS

 5    AND PAYMENT OF OUTSTANDING DEBT.  THE LANDOWNERS OF ANY LANDS

 6    BEING PETITIONED FOR CONSOLIDATION, ADDITION, OR DELETION AND THE

 7    MUNICIPALITIES IN WHICH THOSE LANDS ARE LOCATED SHALL BE GIVEN

 8    NOTICE OF THE PROPOSED CONSOLIDATION, ADDITION, OR DELETION.

 9         SEC. 202.  UPON REQUEST AND SUBJECT TO SECTION 44, THE COM-

10    MISSIONER OR DRAINAGE BOARD SHALL SUPPLY AN APPLICATION FORM FOR

11    IMPROVEMENT OF A DRAIN TO ANY PERSON WHO MAY BE SUBJECT TO AN

12    ASSESSMENT FOR THE IMPROVEMENT.  THE COMPLETED APPLICATION FORM

13    SHALL CONTAIN, BUT NEED NOT BE LIMITED TO, THE FOLLOWING

14    INFORMATION:

15         (A) A SPECIFIC DESCRIPTION OF THE PROBLEM.

16         (B) A DESCRIPTION OF THE LOCATION OF THE PROBLEM.

17         (C) NAMES AND ADDRESSES OF OTHER LANDOWNERS AFFECTED BY THE

18    PROBLEM.

19         (D) THE EXTENT AND SEVERITY OF THE PROBLEM, INCLUDING THE

20    FREQUENCY OF THE PROBLEM'S OCCURRENCE AND THE ESTIMATED DAMAGES

21    PER OCCURRENCE.  DOCUMENTATION SUPPORTING THIS INFORMATION SHALL

22    BE ATTACHED TO THE APPLICATION.

23         (E) A STATEMENT OF THE MAXIMUM EXTENT OF CORRECTIVE ACTION

24    AND MAXIMUM COSTS FOR A PROJECT ACCEPTABLE TO THE APPLICANTS.

25         (F) THE SIGNATURE OF THE APPLICANT AND THE DATE OF FILING OF

26    THE APPLICATION.





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 1         (G) A SUGGESTED DATE FOR CONSULTATION WITH THE

 2    COMMISSIONER.  THIS DATE SHALL NOT BE MORE THAN 21 DAYS FROM THE

 3    DATE OF FILING OF THE APPLICATION.

 4      SEC. 203.  (1) IF AFTER THE CONSULTATION WITH THE DRAIN COM-

 5    MISSIONER THE APPLICANT WISHES TO FILE A PETITION FOR AN IMPROVE-

 6    MENT TO THE DRAIN, THE DRAIN COMMISSIONER OR DRAINAGE BOARD SHALL

 7    SUPPLY THE APPLICANT WITH A PETITION FORM AND SHALL OTHERWISE

 8    COMPLY WITH SECTION 44.

 9         (2) IF A COMPLETED PETITION FOR AN IMPROVEMENT PROJECT THAT

10    MEETS THE REQUIREMENTS OF SECTION 51 IS FILED WITH THE DRAIN COM-

11    MISSIONER OR DRAINAGE BOARD, THE PROCEDURES SET FORTH IN SECTIONS

12    51A TO 57 APPLY TO THE IMPROVEMENT PROJECT.

13                              CHAPTER 9  . 

14                         LETTING OF CONTRACTS  . 

15         Sec. 221.  (1)  At the time and place fixed in the notice

16     therefor, the commissioner shall receive bids for the construc-

17     tion of the drain.  THE COMMISSIONER OR DRAINAGE BOARD SHALL GIVE

18    NOTICE UNDER SECTION 8 FOR THE RECEIVING OF BIDS FOR THE CON-

19    STRUCTION, MAINTENANCE, OR IMPROVEMENT OF THE DRAIN.  THE NOTICE

20    SHALL SPECIFY THE TIME AND PLACE OF RECEIVING BIDS.  THE NOTICE

21    SHALL ALSO PROVIDE A BRIEF DESCRIPTION OF THE PROJECT INCLUDING

22    ITS GENERAL LOCATION, TYPE OF CONSTRUCTION, AND ESTIMATE OF THE

23    AMOUNT AND TYPE OF TILE OR PIPE REQUIRED FOR THE DRAIN.  A

24    PROJECT MAY BE DIVIDED FOR THE PURPOSE OF LETTING CONTRACTS.  THE

25    NOTICE SHALL ALSO INCLUDE INFORMATION CONCERNING PREQUALIFICA-

26    TIONS REQUIRED BY SUBSECTION (5). The commissioner OR THE

27    DRAINAGE BOARD may in any case, and shall for all  drains 



   06729'98
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 1    PROJECTS having an estimated cost exceeding  $5,000.00 

 2    $10,000.00, advertise for sealed proposals, to be opened on the

 3    day of letting.  IF THE COMMISSIONER OR DRAINAGE BOARD DOES NOT

 4    ADVERTISE FOR PROPOSALS, THE COMMISSIONER OR DRAINAGE BOARD SHALL

 5    SOLICIT 2 OR MORE ESTIMATES FOR THE COST OF THE CONSTRUCTION,

 6    MAINTENANCE, OR IMPROVEMENT FROM QUALIFIED CONTRACTORS.

 7         (2) THE COMMISSIONER OR DRAINAGE BOARD, IN CONSULTATION WITH

 8    AN ENGINEER, MAY ESTABLISH PREQUALIFICATIONS FOR A PROSPECTIVE

 9    CONTRACTOR TO SUBMIT A BID FOR THE CONSTRUCTION OF THE DRAIN,

10    CONSISTENT WITH 1933 PA 170, MCL 123.501 TO 123.508.

11    PREQUALIFICATIONS MAY INCLUDE, BUT NEED NOT BE LIMITED TO, EXPER-

12    TISE, FINANCIAL SOLVENCY, EXPERIENCE, OR EQUIPMENT.

13    PREQUALIFICATION SHALL BE DETERMINED BEFORE ADVERTISEMENT FOR

14    BIDS.  THE NOTICE SHALL INDICATE THAT PREQUALIFICATIONS ARE

15    APPLICABLE AND WHERE THE PREQUALIFICATIONS CAN BE REVIEWED BY THE

16    PROSPECTIVE CONTRACTOR.

17         (3) All sealed proposals received by the commissioner OR

18    DRAINAGE BOARD shall be publicly opened by  him  THE COMMISSIONER

19    OR THE DRAINAGE BOARD in the meeting and may be there examined by

20    any person interested.  As soon as practical after the opening of

21    bids for the construction of any drain, the commissioner OR

22    DRAINAGE BOARD shall determine the lowest responsible bidder.

23     and award contracts, or he may reject all proposals and readver-

24     tise as in the first instance, and in cases where the commis-

25     sioner determined that the taxes assessed for benefits shall be

26     collected in more than 1 installment, he shall, subject to the

27     provisions set forth in section 275 of this act, determine the



   06729'98
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 1    amount, form, maturity and rate of interest of bonds to be

 2     issued.  In counties having a board of county auditors no drain

 3     bonds shall be sold and no drain contracts let without the writ-

 4     ten consent and approval of the board of county auditors, but the

 5     approval of said board shall not be required in proceedings rela-

 6     tive to intercounty drains.  BEFORE DETERMINING THE LOWEST

 7    RESPONSIBLE BIDDER, THE COMMISSIONER OR DRAINAGE BOARD MAY REJECT

 8    ALL PROPOSALS AND READVERTISE AS IN THE FIRST INSTANCE.

 9         (4) IF THE LOWEST RESPONSIBLE BID FOR A PROJECT UNDER CHAP-

10    TER 3 IS MORE THAN 10% HIGHER THAN THE ESTIMATE OF THE COST OF

11    CONSTRUCTION OF THE ENGINEER'S RECOMMENDATION IN THE ENGINEERING

12    ANALYSIS, THE COMMISSIONER SHALL RECONVENE THE BOARD OF

13    DETERMINATION.  THE BOARD OF DETERMINATION AND THE COMMISSIONER

14    SHALL PROCEED AS PROVIDED IN SECTIONS 53 TO 57.

15         (5) THE COMMISSIONER OR DRAINAGE BOARD SHALL AWARD

16    CONTRACTS. If  no  A contract  shall be  IS NOT let within  5  2

17    years after the date of filing the petition to  locate, establish

18     and construct, or deepen, widen, straighten, title, extend or

19     clean out  ESTABLISH A DRAINAGE DISTRICT AND ESTABLISH AND CON-

20    STRUCT A DRAIN OR TO MAINTAIN OR IMPROVE a drain, the  drain 

21    commissioner OR DRAINAGE BOARD may determine that the petition

22    shall be  deemed  CONSIDERED abandoned and  no  ISSUE AN ORDER TO

23    THAT EFFECT. NO further action shall be taken to construct, MAIN-

24    TAIN, OR IMPROVE the drain.  Time during which  any  litigation

25     shall be  IS pending to contest the validity of such proceedings

26    shall not be counted as a part of  such 5-year  THE 2-YEAR

27    period.  If the drain commissioner determines the petition shall



   06729'98
                                  82

 1    be abandoned, he shall issue his order to that effect; provided,

 2     that such determination of abandonment shall not be issued within

 3     the 5-year period.  Notice of the order shall be given by pub-

 4    lishing a notice in a newspaper of general circulation in the

 5    county.  The provisions of this  THIS section  shall apply 

 6    APPLIES to all petitions which are in full force and effect on

 7    the  date of January 1, 1973, or thereafter  EFFECTIVE DATE OF

 8    THE 1998 AMENDATORY ACT THAT AMENDED SECTION 1.

 9         (6) The board of county road commissioners,  when  IF autho-

10    rized by  a committee of supervisors appointed by  the COUNTY

11    board of  supervisors  COMMISSIONERS,  is hereby authorized to 

12    MAY bid for the construction, cleaning, deepening, and widening

13    of drains within the county, and, if  such  THE bid is accepted,

14    shall  be authorized to  perform the work called for  therein  IN

15    THE BID, and MAY receive payment  therefor  FOR THE WORK.  A bid

16     tendered by such board of county road commissioners shall not be

17     accepted unless such bid shall be at least 15% lower than any

18     other bid tendered.  The  moneys  MONEY received by the county

19    road commission shall be credited to the county road fund, and

20    expenditures incurred by the county road commission  shall be  IN

21    PERFORMING THE WORK ARE proper disbursements therefrom.

22         Sec. 222.  The commissioner shall first let the section at

23     the outlet of the drain and shall let each remaining section in

24     its order up stream:  Provided, That the  THE commissioner OR

25    DRAINAGE BOARD may  let  RECEIVE BIDS FOR the drain in sections

26    or as a whole, whichever appears to  him  BE the most practical.

27     :  Provided further, That the  THE commissioner OR DRAINAGE



   06729'98
                                  83

 1    BOARD shall reserve the right to reject any and all bids or

 2    proposals FOR A SECTION OF THE DRAIN and proceed to  let said 

 3    RECEIVE BID PROPOSALS FOR THE drain in its entirety.  , and  THE

 4    COMMISSIONER OR DRAINAGE BOARD may adjourn  such  THE letting in

 5     the  whole or in part  , from time to time, to such other time

 6     or place to be by him at the time of such adjournment publicly

 7     announced as shall to him seem proper, but not in all more than

 8     40 90 days from and after the time of letting as first

 9     advertised.  TO ANOTHER PLACE OR TIME NOT MORE THAN 91 DAYS AFTER

10    THE DAY OF LETTING BIDS AS FIRST ADVERTISED.  NOTICE OF THE

11    ADJOURNED MEETING SHALL BE GIVEN AS PROVIDED IN SECTION 8.

12         Sec. 223.  (1) A deposit in the form of a CASHIER'S CHECK,

13    certified check,  or its equivalent  CASH, BANK MONEY ORDER, OR

14    BID BOND FROM A SURETY AUTHORIZED TO DO BUSINESS IN THIS STATE in

15    the amount that the commissioner OR DRAINAGE BOARD considers rea-

16    sonable may be required with each bid, whether on opening bidding

17    or sealed proposals, as evidence of good faith and to reimburse

18    the district  in the event of failure on the part of  IF the suc-

19    cessful bidder FAILS to execute the necessary contracts or to

20    furnish the required security or indemnity insurance.  A BID BOND

21    OF THE SUCCESSFUL BIDDER, OTHER THAN A BID BOND FROM A SURETY,

22    SHALL BE DEPOSITED WITH THE TREASURER OF THE DRAINAGE DISTRICT.

23    IF THE BID BONDS ARE HELD MORE THAN 63 DAYS, THE TREASURER OF THE

24    DRAINAGE DISTRICT SHALL PAY TO THE BIDDER INTEREST ACTUALLY

25    EARNED FROM THE DATE OF DEPOSIT ON A BID BOND, OTHER THAN A BID

26    BOND FROM A SURETY. If the successful bidder does not execute the

27    proper contracts or furnish the security or indemnity insurance



   06729'98
                                  84

 1    required of him or her  within 10  NOT MORE THAN 14 days after

 2    the acceptance of his or her bid, then the commissioner OR DRAIN-

 3    AGE BOARD may retain the deposit as stipulated damages for the

 4    nonexecution of the contract and proceed to advertise for and let

 5    the job anew.  If the successful bidder furnishes the security or

 6    indemnity insurance required and executes the required contracts,

 7    then the deposit shall be returned to him or her.  All money for-

 8    feited to the commissioner OR DRAINAGE BOARD under this subsec-

 9    tion shall be deposited with the  county  treasurer OF THE DRAIN-

10    AGE DISTRICT to the credit of the drainage district fund.

11         (2) The successful bidder shall,  within the time stated in

12     subsection (1)  NOT MORE THAN 14 DAYS AFTER THE ACCEPTANCE OF HIS

13    OR HER BID, file with the commissioner security considered neces-

14    sary by the commissioner guaranteeing that the contract will be

15    completed in accordance with the terms specified in the

16    contract.  The security shall be in a sum fixed by the commis-

17    sioner, but shall not be less than the contract price.  At the

18    option of the commissioner, the security shall consist of 1 or

19    more of the following:

20         (a) Cash.

21         (b) Certified check.

22         (c) Performance bond executed by a surety company authorized

23    to do business in this state.

24         (d) Escrow agreement acceptable to the commissioner.

25         (e) Irrevocable letter of credit issued by a state or feder-

26    ally regulated financial institution.





   06729'98
                                  85

 1         (f) Personal surety acceptable to the commissioner.

 2         (3) If a personal surety is used as security, the

 3    commissioner shall require all of the following:  conditions and

 4     limitations: 

 5         (a) That the personal surety be a contractor with the

 6    experience and ability to perform and complete, in a timely

 7    manner, the contract  in the event of a default by  IF the suc-

 8    cessful bidder DEFAULTS.

 9         (b) That the personal surety not act as the personal surety

10    for more than 1 other principal during the term of the contract

11    upon which he or she is giving security.

12         (c) That no more than 2 personal sureties be utilized as

13    security on any 1 contract.

14         (d) That, the personal surety provide financial information

15    requested by the commissioner and that, after a review of this

16    information, the commissioner be satisfied with the surety's

17    ability to perform the contract upon which he or she is giving

18    security.

19         (e) That the personal surety provide to the commissioner a

20    list of contracts upon which the surety is required to perform,

21    naming the parties to each contract, the amount of each contract,

22    the work to be performed under each contract and the time during

23    which each contract is to be performed, and that the personal

24    surety revise this listing during the term of the contract upon

25    which he or she is giving security, adding or deleting informa-

26    tion as contracts are entered or completed.





   06729'98
                                  86

 1         (f) That the personal surety agree that  in the event  IF

 2    the successful bidder defaults on the contract, the personal

 3    surety shall  enter onto the project and  complete the project

 4    pursuant to the terms of the contract within the time limitations

 5    specified by the commissioner or pay to the drainage district the

 6    amount of money specified by the commissioner as necessary to pay

 7    another contractor to complete the contract.

 8         (4) If a contract is not completed in accordance with its

 9    written terms, the security provided to the commissioner shall be

10    used to complete the contract.

11         (5) In addition to the security required in subsection (2),

12    the commissioner OR DRAINAGE BOARD shall require the successful

13    bidder to furnish  a bond or  indemnity insurance AND MOTOR VEHI-

14    CLE INSURANCE in the sum required by the commissioner OR DRAINAGE

15    BOARD.  This  bond or indemnity  insurance shall run to the

16    people of  the state of Michigan  THIS STATE and shall be main-

17    tained in full force and effect until the contract is terminated

18    to indemnify the commissioner AND DRAINAGE BOARD, the drainage

19    district, and the county or other municipality against loss or

20    damage resulting from injury to a worker on the drain, or the

21    negligence or carelessness of the contractor in the construction

22    of the drain.  Indemnity insurance that terminates by expiration

23    or cancellation shall be replaced  prior to  BEFORE termination

24    in the sum then required by the commissioner OR DRAINAGE BOARD.

25    THE COMMISSIONER OR DRAINAGE BOARD SHALL ALSO REQUIRE THE SUC-

26    CESSFUL BIDDER TO FURNISH WORKER'S COMPENSATION INSURANCE.





   06729'98
                                  87

 1         (6) The provisions of this section apply to contracts in

 2    excess of $100,000.00.  For all contracts equal to or less than

 3    $100,000.00, the commissioner OR DRAINAGE BOARD may require

 4    security that  he or she  THE COMMISSIONER OR DRAINAGE BOARD con-

 5    siders adequate and necessary, consistent with the provisions of

 6    this section.

 7         (7) The commissioner, at his or her option, may require the

 8    provision of additional kinds of security.

 9                              CHAPTER 10  . 

10           INSPECTION AND APPROVAL OF CONSTRUCTION AND PAYMENT

11                            FOR THE DRAIN  . 

12         Sec. 241.  No  A warrant,  or  drain order, VOUCHER, OR

13    OTHER ORDER for  the  payment of any part of  such  A drain con-

14    tract shall NOT be drawn until the work has been inspected and

15    approved as herein provided.  The commissioner  may  OR DRAINAGE

16    BOARD SHALL inspect and approve any tile or open drain, or he OR

17    SHE may designate any competent surveyor or engineer to make

18     such  THE inspection.  , but where the  HOWEVER, IF THE COST OF

19    construction exceeds  $3,000.00  $10,000.00, the commissioner OR

20    DRAINAGE BOARD shall designate a competent surveyor or engineer

21    to make the inspection.  Any  THE person making  such  THE

22    inspection shall see that the specifications in the contract are

23    fully complied with, and if the work is not in accordance with

24    the contract, the commissioner OR DRAINAGE BOARD shall immedi-

25    ately notify the contractor.  thereof.  If the work  so inspected

26     shall conform  CONFORMS to the contract, the person making the

27    inspection shall certify in writing to that fact and an order of



   06729'98
                                  88

 1    approval shall  thereupon  be entered by the commissioner OR

 2    DRAINAGE BOARD in his OR HER drain record, and notice of the

 3    approval be given TO the contractor.  The commissioner may issue

 4     warrants or orders on the fund of any drain not exceeding 90% of

 5     the amount earned on any contract after the certificate of

 6     inspection and the order of approval is entered as herein

 7     provided.  The payment of the final 10% or any portion thereof on

 8     any contract may be made after the certificate of inspection is

 9     made attesting to the completion and is filed in the office of

10     the commissioner.  PROGRESS PAYMENTS SHALL BE MADE CONSISTENT

11    WITH 1980 PA 524, MCL 125.1561 TO 125.1566.

12         Sec. 242.  The commissioner  shall have power to  OR DRAIN-

13    AGE BOARD MAY grant a reasonable extension of time for the com-

14    pletion of  any  A contract.  When any  IF A contract  shall not

15     be  IS NOT finished within the time specified, or to which it may

16    be extended, the commissioner OR DRAINAGE BOARD shall declare

17     such  THE contract forfeited and shall, within a reasonable time

18    thereafter, relet the unfinished portion  thereof  to the lowest

19    responsible bidder, by public letting, after not less than  5  7

20 days' notice  thereof, by posting only,  IN THE SAME MANNER as

21    provided for the letting in the first instance, or by private

22    letting,  when such can be done, at a price per rod for the

23     uncompleted portion thereof not exceeding the price per rod at

24     which the job was first let; and he  IF PERMITTED BY LAW, AND THE

25    COMMISSIONER OR DRAINAGE BOARD shall make contract and take

26    security in each case as herein provided.  The cost of completing

27    such part over and above the contract price, if any, and the



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 1    expense of notice and reletting shall be collected by the

 2    commissioner  of  OR DRAINAGE BOARD FROM the parties first con-

 3    tracting or  of  their bondsman.  , which moneys, when so  THE

 4    MONEY collected  ,  shall be deposited with the county treasurer,

 5    and placed to the credit of such drain.

 6         Sec. 243.  Whenever  IF the amount assessed for the con-

 7    struction of  any  A drain  shall not be  IS NOT  sufficient to

 8    complete the  same,  DRAIN and to pay all the costs and inciden-

 9    tal expenses or to pay the principal and interest on ANY bonds

10     if such are  issued, a further assessment shall be made to meet

11    the deficit or additional expense.  Such  THE further assessment

12    shall be apportioned, assessed, levied and collected as provided

13    in the first instance, and on the same percentage, and shall be

14    collected in 1 year.  , but there shall be no review of nor

15     appeal from such further assessment:  Provided, That whenever by

16     reason of the  HOWEVER, IF THE DEFICIENCY IS THE RESULT OF

17    embezzlement, FRAUD, or other wrongful act  of  BY any county

18    official,  or by reason of the conspiracy of any county official

19     with any other person or persons to defraud any drainage dis-

20     trict, township or county, there shall be any deficiency as

21     aforesaid, the board of supervisors  THE COUNTY BOARD OF

22    COMMISSIONERS of any county traversed by the drain may provide

23    for the payment, out of the general fund of the county, of all or

24    any part of  such  THE additional assessment as may be appor-

25    tioned to that part of the drainage district within such county,

26    or for the refunding to  taxpayers  THE PERSONS ASSESSED of any

27    such assessment which may have been paid.



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 1         Sec. 244.  (1)  All orders  ORDERS OR VOUCHERS for the

 2    payment for services rendered and work performed shall be drawn

 3    by the commissioner OR DRAINAGE BOARD upon the drain fund of each

 4    particular drain.  In case of taxes assessed for benefits

 5     received which  IF SPECIAL ASSESSMENTS are to be paid in 7 annual

 6    installments or less, all orders for the payment for lands for

 7    right-of-way shall be paid out of the first year's  taxes 

 8    SPECIAL ASSESSMENTS, and the balance of  such  THE first year's

 9     taxes  SPECIAL ASSESSMENTS, if any, shall be applied pro rata

10    among the  several  contractors in the payment of the contracts

11    for the construction of such drain.  For the balance due upon

12    such contracts, the commissioner OR DRAINAGE BOARD shall draw

13    orders payable out of each succeeding year's assessment pro rata

14    among the several contractors.  :  Provided, That no  HOWEVER,

15    THE commissioner OR DRAINAGE BOARD shall NOT draw orders payable

16    in any  one  1 year for a larger amount than  said  THE year's

17    assessment,  except in cases where  UNLESS bonds are issued and

18    sold as provided by law.  All drain 

19         (2) DRAIN orders shall be drawn payable not sooner than the

20    fifteenth day of April nor later than the first day of August of

21    the year in which the drain  taxes for the payment thereof 

22    SPECIAL ASSESSMENTS are required to be paid.  If the drain fund

23    is insufficient for  such  THIS purpose because of delinquency in

24    the payment of drain  taxes  SPECIAL ASSESSMENTS after the lands

25    on which the  said taxes shall have become  SPECIAL ASSESSMENTS

26    ARE delinquent have been offered for sale  , in any such case

27     where  AND payment is made by the county treasurer out of the



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 1    general fund,  and all  delinquent drain  taxes  SPECIAL

 2    ASSESSMENTS SUBSEQUENTLY received by  said  THE treasurer

 3     thereafter  shall be credited to the general fund until the

 4     same  GENERAL FUND is reimbursed.  In all cases where  IF bonds

 5    are issued and sold  as herein provided  and the proceeds

 6     thereof  are deposited in the county treasury to the credit of

 7    the fund of the  particular  drain, orders presented on  such 

 8    THE fund shall be paid out of the proceeds  aforesaid,  or out of

 9    the first annual installment of the  taxes  SPECIAL ASSESSMENTS.

10     In no case where  IF there are outstanding bonds,  shall  an

11    order SHALL NOT be paid out of  any  AN installment of  taxes 

12    SPECIAL ASSESSMENTS collected other than the first.

13         Sec. 245.  (1)  All drain  DRAIN orders OR VOUCHERS made by

14    the commissioner OR DRAINAGE BOARD shall state the services

15    rendered in brief form  ,  AND shall be numbered and recorded and

16    signed by the commissioner OR DRAINAGE BOARD.  Such  AN order,

17    when due, shall be presented to the county  clerk and he 

18    TREASURER.  THE COUNTY TREASURER shall immediately ascertain

19     from the county treasurer  if the particular fund on which

20     said  THE order is drawn is sufficient to pay  said  THE order.

21    If  such  THE fund is sufficient, the county treasurer shall so

22    certify on the back of  said  THE drain order and the county

23    clerk OR OTHER AUTHORIZED COUNTY OFFICER shall thereupon issue

24    the usual county warrant upon the county treasurer for the pay-

25    ment of  said  THE order, taking  said  THE order so certified as

26    his OR HER voucher.  If  such  THE particular fund is

27    insufficient when  such  THE order is presented for payment, the



   06729'98
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 1    county treasurer shall so certify upon  such  THE order and

 2     such  THE order shall then draw interest at the rate  of 6% per

 3     annum  PAID ON 91-DAY UNITED STATES TREASURY NOTES from the date

 4    of presentation until  such  THE particular fund is sufficient to

 5    pay the  same, said interest to  ORDER.  THE INTEREST SHALL be

 6    computed and paid with the principal out of the proper fund on

 7    which it was drawn, when there are sufficient funds to pay the

 8     same  PRINCIPAL AND INTEREST.

 9         (2) The county treasurer shall keep a record in which he OR

10    SHE shall note each drain order presented for payment on a drain

11    account  which  THAT was insufficient to pay  such  THE order on

12    the date of presentation.  He OR SHE shall note in such record

13    the amount, number, drain account, and the date of original pre-

14    sentation for payment.  When there  are  IS sufficient  moneys 

15    MONEY in the particular drain account to pay the order, plus

16    interest, the county treasurer shall note the date of  such  THE

17    sufficiency on  such  THE record and shall transfer sufficient

18     moneys  MONEY to pay  such  THE order and interest then due from

19    the particular drain account and drain fund to a drain order

20    redemption fund and the drain order shall cease to earn interest

21    as of that date.  Transfers to the drain order redemption fund

22    shall be made in the order of priority in which the drain orders

23    were originally presented for payment.  Payment of  such  THE

24    orders, including interest,  earned as provided herein,  shall

25    thereafter be made by the county treasurer from the drain order

26    redemption fund.  Drain orders at any time during the year in

27    which such drain order becomes due and payable and for a period



   06729'98
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 1    of  30  28 days prior to such year shall be accepted for the

 2    payment of drainage  taxes  SPECIAL ASSESSMENTS.

 3         (3) The county treasurer shall report to the commissioner OR

 4    DRAINAGE BOARD the amount paid as interest on  any and all such 

 5    drain orders.  The county treasurer shall at the first of each

 6    month furnish the  drain  commissioner OR DRAINAGE BOARD with a

 7    report of  all  drain orders cashed during the preceding month,

 8    including the name of the drain upon which the order was drawn,

 9    the amount, the number of the order, and the date of payment.

10         Sec. 247.  The  county drain  commissioner acting under the

11    provisions of this act may employ an attorney when  he deems the

12     same  CONSIDERED necessary and any legal expense shall be charged

13    to the  several drain districts in behalf of which he shall be

14     employed.  All such expenses  DRAINAGE DISTRICT.  THE EXPENSE

15    shall be paid out of the revolving drain fund which shall be

16    reimbursed out of the first  moneys  MONEY available.  :

17     Provided, That the  THE board of  supervisors  COMMISSIONERS by

18    resolution may  cause  REQUEST the prosecuting attorney to give

19     such  legal assistance as part of  his  THE duties OF THE PROSE-

20    CUTING ATTORNEY.

21                              CHAPTER 11  . 

22        LEVY AND COLLECTION OF  DRAIN TAXES.  SPECIAL ASSESSMENTS

23         Sec. 261.  Within  10  14 days after the letting of con-

24    tracts, or in case of an appeal,  then forthwith  IMMEDIATELY

25    after  such  THE appeal  shall have been  IS decided, the commis-

26    sioner OR DRAINAGE BOARD shall make a computation of the entire





   06729'98
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 1    cost of  such  THE drain,  which shall include (1) all the 

 2    INCLUDING, BUT NOT LIMITED TO, ALL OF THE FOLLOWING:

 3         (A) THE expense of  laying out and designating the drainage

 4     district, which item of expense shall include the entire 

 5    ESTABLISHING THE DRAINAGE DISTRICT AND ESTABLISHING AND CON-

 6    STRUCTING THE DRAIN, INCLUDING, BUT NOT LIMITED TO, THE cost of

 7    the survey.  ; (2) the 

 8         (B) THE expense of  locating,  establishing and

 9    constructing, MAINTAINING, OR IMPROVING the drain.  ; (3) the

10     fees and expenses of special commissioners; (4) the compensation

11     to be paid the board of review; (5) the

12         (C) THE COSTS OF ACQUIRING PROPERTY UNDER SECTION 7.

13         (D) THE PER DIEM COMPENSATION, MILEAGE, AND EXPENSES TO BE

14    PAID TO MEMBERS OF BOARDS UNDER THIS ACT.

15         (E) THE COST ASSOCIATED WITH EVALUATION OF NATURAL RESOURCE

16    IMPACTS AND THE COSTS TO MINIMIZE THOSE IMPACTS.

17         (F) THE cost of construction of bridges and culverts.  ;

18     (6) the 

19         (G) THE COSTS FOR ENGINEERS, SURVEYORS, AND OTHER

20    PROFESSIONALS.

21         (H) THE contracts for the construction of the drain, or

22    other work to be done on  said  THE drain.  ; (7) the 

23         (I) THE estimated cost of an appeal in case the apportion-

24    ment made by the commissioner  shall not be  OR DRAINAGE BOARD IS

25    NOT sustained.  ; (8) the 

26         (J) THE estimated cost of inspection.  ; (9) the 





   06729'98
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 1         (K) THE cost of publishing all notices required.  ; (10)

 2     all fees 

 3         (l) FEES of the  probate judge; (11) attorney  CIRCUIT

 4    JUDGE, IF APPLICABLE.

 5         (M) ATTORNEY fees for legal services in connection with the

 6    drain  ; and (12) interest  PROJECT.

 7         (N) INTEREST on bonds OR NOTES for the first year, if bonds

 8    OR NOTES are to be issued.  , and he shall add the whole into a

 9     gross sum and add thereto not less 

10         (O) NOT MORE than 10%,  nor more than 15%,  at the discre-

11    tion of the  drain  commissioner OR DRAINAGE BOARD, of  said

12     gross sum  THE SUM OF THE COSTS UNDER SUBDIVISIONS (A) TO (N), to

13    cover contingent expenses.  , and the entire sum so ascertained

14     shall be deemed to be the cost of construction of such drain. 

15         Sec. 262.  (1)  The commissioner shall thereupon make a spe-

16     cial assessment roll for the drain for each county, township,

17     city, or village and each state trunk line highway affected

18     thereby, which roll shall be designated  AFTER THE COST OF A

19    COUNTY DRAIN IS COMPUTED UNDER SECTION 261, THE COMMISSIONER

20    SHALL MAKE A SPECIAL ASSESSMENT ROLL FOR THE DRAIN FOR EACH

21    MUNICIPALITY AND ROADWAY AFFECTED BY THE DRAIN.  AFTER THE COST

22    OF AN INTERCOUNTY DRAIN IS COMPUTED UNDER SECTION 261, THE COM-

23    MISSIONER OF EACH COUNTY IN WHICH LANDS SUBJECT TO ASSESSMENT FOR

24    THE DRAIN ARE LOCATED SHALL MAKE A SPECIAL ASSESSMENT ROLL FOR

25    THE DRAIN FOR EACH MUNICIPALITY AND ROADWAY AFFECTED BY THE DRAIN

26    IN THAT COMMISSIONER'S COUNTY.  THE COMMISSIONER MAKING THE ROLL

27    SHALL DESIGNATE THE ROLL, giving name or number, "drain special



   06729'98
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 1    assessment roll".  The commissioner shall enter on the roll a

 2    correct description of the tracts, parcels, or subdivisions of

 3    land benefited by the drain WHICH DESCRIPTION MAY BE MADE BY TAX

 4    PARCEL IDENTIFICATION NUMBER IN COMPLIANCE WITH SECTION 152 and

 5    place opposite each description the amount of the percent hereto-

 6    fore determined upon by  him  THE COMMISSIONER or by the board of

 7    review.  The commissioner shall also enter on the roll the amount

 8    of the percent apportioned to  the county, for benefits to any

 9     county road, and to the township, city, or village and the state

10     highway commission, for benefits to any state trunk line highway 

11    A ROAD AUTHORITY FOR BENEFITS TO A ROADWAY, and  in case  IF the

12    amount  be  IS payable in installments,  he shall also enter

13     thereon  a memorandum of the installments and of the year or

14    years when the installments shall be spread.  The commissioner

15    shall add a certificate in writing of the determination whether

16    the  taxes  SPECIAL ASSESSMENTS assessed for benefits shall be

17    paid in 1 or more years.  The rolls shall be dated and signed by

18    the commissioner and filed on or before the last Wednesday in

19    September in each year, in the office of the county clerk.

20         (2) The commissioner shall prepare a  tax  SPECIAL assess-

21    ment roll in each year for the collection of  taxes  SPECIAL

22    ASSESSMENTS for the current year, and shall certify the  same 

23    ROLL to the county clerk on or before the first day of the annual

24    meeting of the county board of commissioners.  In each roll, the

25    commissioner shall add to the amount to be collected  ,  interest

26    on all unpaid installments to the date of  tax  collection, and

27    shall deduct from the amount to be collected by the county,



   06729'98
                                  97

 1    village, city, or township all amounts received from the proceeds

 2    or income of property or an interest in property located in the

 3    county, village, city, or township and acquired  through condem-

 4     nation or the payment of damages  under this act.  To the roll

 5    for the last year, the commissioner shall add a further amount,

 6    if any, as may be necessary together with outstanding uncollected

 7     taxes  SPECIAL ASSESSMENTS, to pay all outstanding bonds and

 8    interest thereon to maturity.  If the roll is made payable in

 9    more than 1 installment, a permanent assessment roll may be main-

10    tained in the office of the county treasurer, subject to the

11    direction of the  board of county auditors, in counties having

12     such a board, and of the county board of commissioners in other

13     counties  COUNTY BOARD OF COMMISSIONERS, showing the total cost,

14    the number of installments, and the amount of each annual assess-

15    ment, together with interest charges thereon, which shall be car-

16    ried in a separate column.

17         (3) If the roll is made payable in more than 1 installment,

18    and the total amount of any assessment is $10.00 or less, exclu-

19    sive of interest, then that assessment shall be payable in 1

20    installment; but if the assessment exceeds the sum of $10.00 and

21    is made payable in more than 1 installment, then that install-

22    ment, exclusive of interest, shall not be less than the sum of

23    $10.00, excepting the final installment, which shall be payable

24    in the amount of the actual balance.

25         Sec. 263.  It shall be the duty of the  THE supervisor  , 

26    OR village or city assessor  , to  SHALL spread on  his  THE roll

27    the total amount of all drain  taxes  SPECIAL ASSESSMENTS



   06729'98
                                  98

 1    determined  upon  by the  county drain  commissioner to be

 2    assessed upon the county, township, city, or village at large by

 3    adding to the county, township, city, or village tax for the year

 4    in which the  same  DRAIN ASSESSMENT was assessed and extending

 5     said tax  THE DRAIN ASSESSMENT in the same column with the gen-

 6    eral county, township, city, or village tax.  :  Provided, That

 7     in such  IN villages or cities,  of this state,  where the munic-

 8 ipal taxes  therefor  are assessed and collected  prior to 

 9    BEFORE the October meeting of the COUNTY board of  supervisors,

10     all taxes  COMMISSIONERS, DRAIN ASSESSMENTS ordered to be spread

11    against such municipalities shall be spread during the calendar

12    year following  such  THE action by the COUNTY board of

13     supervisors:  Provided further, That in  COMMISSIONERS.  IN lieu

14    of the addition of  such tax  THE DRAIN ASSESSMENT to the county,

15    township, city, or village tax, the  legislative body thereof 

16    GOVERNING BODY OF THE MUNICIPALITY may in any year provide for

17    the payment thereof from the general or contingent fund of such

18    county, township, city, or village.  Such  THE supervisor or

19    assessor shall also spread upon  said  THE roll, separately, and

20    immediately following the other descriptions, all tracts or par-

21    cels of land specified by the commissioner to be assessed for

22    benefits, and shall place opposite each description, in a column

23    marked, "(giving the name or number) ......................

24    drain  taxes  SPECIAL ASSESSMENTS," the amount of  taxes 

25    ASSESSMENTS apportioned thereon, as certified  to him  by the

26    county clerk.





   06729'98
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 1         Sec. 265.  All drain taxes  DRAIN SPECIAL ASSESSMENTS

 2    assessed under  the provisions of  this act  shall be  ARE

 3    subject to the same interest and charges, and shall be collected

 4    in the same manner as state and other general taxes are col-

 5    lected, and collecting officers are hereby vested with the same

 6    power and authority in the collection of  such taxes  THE SPECIAL

 7    ASSESSMENTS as are or may be conferred by law for collecting gen-

 8    eral taxes.  Drain  taxes  SPECIAL ASSESSMENTS, when collected,

 9    shall be returned to the county treasurer to be disbursed  by

10     him.  In all cases where  WITHIN 14 DAYS OF RECEIPT UNLESS WAIVED

11    BY THE COMMISSIONER TO SOME OTHER SPECIFIED TIME.  ANY INTEREST

12    EARNED FROM THE TIME OF COLLECTION AND ACCOUNTING TO THE DAY OF

13    DELIVERY SHALL BE RETURNED TO EACH DRAIN FUND ON A PRO RATA

14    BASIS.  IF suit is brought against the collector arising out of

15    the collection of  any drain tax  A DRAIN SPECIAL ASSESSMENT, the

16    county shall defend  such  THE officer in the same manner  that

17     he has now the right to be defended in  AS IF THE SUIT AROSE OUT

18    OF the collection of general taxes.  No  A suit shall NOT be

19    instituted to recover any drain  tax  SPECIAL ASSESSMENT or money

20    paid or property sold  therefor  FOR A DRAIN SPECIAL ASSESSMENT,

21    or for damages on account  thereof  OF A DRAIN SPECIAL

22    ASSESSMENT, unless brought within  30  28 days from the time of

23    payment of  such  THE money to, or sale of such property by, the

24    collecting officer.  ; and if such tax shall be  IF THE SPECIAL

25    ASSESSMENT IS paid under protest, the reasons  therefor  FOR THE

26    PROTEST shall be specified, and the same procedure observed as is

27    or may be required by the general  tax law.  All taxes  PROPERTY



   06729'98
                                  100

 1    TAX ACT, 1893 PA 206, MCL 211.1 TO 211.157.  SPECIAL ASSESSMENTS

 2    levied under  the provisions of  this act, with all lawful costs,

 3    interest, and charges,  shall be and remain a perpetual  ARE A

 4    lien upon the lands upon which they are assessed, and a personal

 5    claim against the owner or owners of such lands until they are

 6    paid.

 7         Sec. 266.  If the  taxes  SPECIAL ASSESSMENTS levied for the

 8    construction,  cleaning out, widening, deepening, straightening

 9     or extending  MAINTENANCE, OR IMPROVEMENT of  any  A drain are

10    not collected by the township, city, or village treasurer, they

11    shall  by him  be returned BY THAT TREASURER, together with the

12    lands upon which they were levied, to the county treasurer in the

13    same return, at the same time, and in the same manner, in every

14    respect (naming in each case the particular drain), as lands are

15    returned for state, county, and township taxes.  , and such

16     taxes  DRAIN SPECIAL ASSESSMENTS shall follow  such  THE lands,

17    the same as  all such other  DO PROPERTY taxes, and  all  MAY BE

18    COLLECTED IN THE SAME MANNER AS PROVIDED BY the general provi-

19    sions of law  now existing, or that may be hereafter enacted  for

20    enforcing the payment of township, county, and state taxes.  ,

21     shall apply to such drain taxes, and to the lands returned delin-

22     quent therefor, in the same manner and with like effect. 

23    HOWEVER, THE TREASURER SHALL NOTIFY THE COMMISSIONER OF ALL LAND

24    IN THE COUNTY THAT HAS BEEN RETURNED DELINQUENT AND SUBJECT TO

25    SALE SO THAT THE COMMISSIONER OR DRAINAGE BOARD MAY FILE AN AFFI-

26    DAVIT OF SPECIAL ASSESSMENT PENDING AND SUBJECT TO COLLECTION

27    BEFORE THE SALE OR REVERSION.



   06729'98
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 1         Sec. 267.  After any taxes have been assessed for the

 2     construction, location or establishment of any drain, no injunc-

 3     tion shall issue to restrain the spreading of the same upon the

 4     tax roll nor to restrain the collection thereof, nor shall the

 5     same be in any manner stayed, unless the amount of such assess-

 6     ment shall first be paid into the township treasury to be applied

 7     upon such tax, in case the court in which the suit upon which

 8     injunction is tried shall so order  AN ACTION FOR ERROR IN THE

 9    PROCEEDINGS OF LEVYING A SPECIAL ASSESSMENT MAY BE BROUGHT UNDER

10    CHAPTER 26.

11         Sec. 270.  Whenever any  IF A drain  has been located and

12     established,  IS ESTABLISHED and contracts let for its construc-

13    tion, MAINTENANCE, OR IMPROVEMENT and the work  of construction

14     has been  IS completed, or partly completed, and the commissioner

15    OR DRAINAGE BOARD has made  his  AN order establishing the drain,

16     his  THE apportionment of benefits, and special assessment roll

17    and filed the  same  ORDER in the office of the  county drain 

18    commissioner, as provided by this act,  and such taxes remain a

19     perpetual  THE SPECIAL ASSESSMENTS ARE A lien upon the lands

20    assessed.  , and filed all of said papers in the office of the

21     county drain commissioner, and no person or municipality affected

22     by the proceedings has taken any action by virtue of section 161

23     of this act to test the validity of the proceedings, or to set

24     the same aside, and it shall further appear that the tax  IF THE

25    SPECIAL ASSESSMENT has not been spread on the tax roll of the

26    municipalities affected and the lien of  said tax  THE SPECIAL

27    ASSESSMENT still remains against  such  THE lands, on the



   06729'98
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 1    application in writing of any person or corporation who is  now

 2     or were owners  AN OWNER of the land assessed at the time of the

 3    apportionment of benefits  by the commissioner  or any person or

 4    corporation who were the owners of land at  said  THE time OF

 5    APPORTIONMENT OF BENEFITS and who were assessed therefor, and who

 6    sold such land with covenants of warranty, may make an applica-

 7    tion in writing to the  county drain  commissioner OR DRAINAGE

 8    BOARD setting forth such facts.  , and upon  UPON the filing of

 9     such  THE application,  it shall be the duty of  the  county

10     drain  commissioner  to  OR DRAINAGE BOARD SHALL make a certified

11    copy of the assessment roll filed in  his  THE office by the com-

12    missioner and present  to and lay  it  before  TO the COUNTY

13    board of  supervisors  COMMISSIONERS at  the  ITS first October

14    session.  , thereafter of said board, and thereupon it shall be

15     the duty of said board at said  AT THAT session,  to  THE COUNTY

16    BOARD OF COMMISSIONERS SHALL order and direct  such taxes  THE

17    SPECIAL ASSESSMENTS TO BE spread upon the tax roll of the munici-

18    palities affected thereby, according to the  said  assessment

19    filed  as aforesaid, and as appears by such special assessment

20     roll, so certified to said board  AND CERTIFIED.  The provisions

21     of this section shall also apply to drains laid out and estab-

22     lished and wholly or partly constructed under the provisions of

23     all drain laws in force prior to the passage of this act, where

24     such laws have made such drain tax a perpetual lien upon the

25     lands upon which they are assessed. 

26         Sec. 273.  In case any drain tax heretofore or to be

27     hereafter assessed shall be  IF A DRAIN SPECIAL ASSESSMENT IS set



   06729'98
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 1    aside, except for causes that would deprive the commissioner of

 2    jurisdiction to construct the drain, the commissioner may begin

 3    proceedings anew at the stage where  they shall be correct.  In

 4     case  THE DEFECT OCCURRED.  IF a drain  tax  SPECIAL ASSESSMENT

 5    can or may be set aside for error in description or other defect

 6    in the commissioner's or township treasurer's roll, UPON DISCOV-

 7    ERY OF THE DEFECT, the DRAIN commissioner shall report the  same 

 8    DEFECT to the COUNTY board of  supervisors at their October ses-

 9     sion, who  COMMISSIONERS, WHICH shall order the  same  SPECIAL

10    ASSESSMENT TO BE reassessed upon the proper description.  Such 

11    THE report may be made at any time before the sale of the land

12    for  such tax  THE SPECIAL ASSESSMENT.

13         Sec. 274.  In any  suit  ACTION brought to set aside any

14    drain  tax  ASSESSMENT, or in any way attacking the legality of

15    any drain proceedings, the commissioner shall be made a party to

16     said suit  THE ACTION.

17         Sec. 275.  (1)  In cases where the issuing of bonds shall

18     have been determined upon, as herein provided, and subject to the

19     provisions of  SUBJECT TO section 221,  of this act,  the commis-

20    sioner may borrow money in anticipation of the collection of

21     such  SPECIAL ASSESSMENT installments and may issue as evidence

22    thereof the bonds of the drainage district.  as herein defined.

23     Such obligations  THE BONDS shall specify on their face that they

24    are payable out of the installments of drain  taxes  SPECIAL

25    ASSESSMENTS to be  thereafter  collected, and the amount

26     thereof  OF THE BONDS shall not exceed the aggregate of the

27    installments levied.  Bonds  issued hereunder  shall be signed by



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 1    the commissioner on behalf of the drainage district, shall be

 2    countersigned by the county clerk,  and  shall be payable in

 3    annual installments equal in number to the installments of

 4     taxes,  SPECIAL ASSESSMENTS, AND shall mature not earlier than

 5    March first nor later than June first of the year following the

 6    due dates of the respective installments of  taxes  SPECIAL

 7    ASSESSMENTS.  The number of installments shall not exceed 20.  :

 8     Provided, however, That in any drainage district containing a

 9     closed drain, any part of whose cross-section has an area exceed-

10     ing 60 square feet, the number of installments may be, but shall

11     not exceed, 30, and the  THE amount of each installment shall be

12    fixed to correspond as near as may be to the  drain 

13    commissioner's estimate of the amount of  taxes  SPECIAL

14    ASSESSMENTS actually collectible each year.  , and in no case

15     shall bonds mature  BONDS SHALL MATURE NOT more than 2-1/2 years

16    after the corresponding installment of  taxes  SPECIAL

17    ASSESSMENTS.  The  IN THE BONDS, THE commissioner shall

18     therein  pledge the credit of the drainage district, including

19    the lands embraced within  such  THE district and the townships,

20    cities, villages, counties, and  state trunk line highways 

21    ROADWAYS assessed at large, in the proportion that they are

22     taxed  SPECIALLY ASSESSED for the benefits received thereby.

23     Such 

24         (2) THE bonds shall be advertised and sold by the  drain 

25    commissioner  after  IN the manner provided for the advertisement

26    and sale of municipal bonds by  Act No. 202 of the Public Acts of

27     1943, as amended, being sections 131.1 to 138.2, inclusive, of



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 1    the Compiled Laws of 1948  THE MUNICIPAL FINANCE ACT, 1943

 2    PA 202, MCL 131.1 TO 139.3.  If any premium is received thereon,

 3    such premium shall belong to the fund of the drain.  The proceeds

 4    derived from the sale of such bonds shall be deposited with the

 5    county treasurer to the credit of the drain fund.  The county

 6    treasurer shall safely keep all  such  bonds until sold.  as

 7     above provided:  Provided, however, That this act shall not be

 8     considered to  THIS ACT DOES NOT affect any bonds or refunding

 9    bonds issued  prior to the effective date hereof and subsequent

10     to the effective date of Act No. 331 of the Public Acts of 1927 

11    ON OR AFTER SEPTEMBER 5, 1927, AND BEFORE MARCH 28, 1956, or any

12    refunding bonds  hereafter  issued ON OR AFTER MARCH 28, 1956 to

13    replace  the same:  Provided further, That no  SUCH BONDS.  A

14    county shall NOT advance or pay out of its general funds any

15     moneys  MONEY for or on account of principal or interest of any

16    drain bonds issued  prior to the effective date of Act No.  331

17     of the Public Acts of  BEFORE SEPTEMBER 5, 1927, or any refunding

18    bonds issued to replace  the same  SUCH BONDS.

19         SEC. 275A.  (1) SUBJECT TO SUBSECTION (2), A DRAINAGE DIS-

20    TRICT MAY BORROW MONEY OR ACCEPT THE ADVANCE OF WORK, MATERIAL,

21    OR MONEY FROM A PUBLIC OR PRIVATE CORPORATION, PARTNERSHIP, ASSO-

22    CIATION, INDIVIDUAL, OR THE FEDERAL OR STATE GOVERNMENT OR ANY

23    AGENCY OF THE FEDERAL OR STATE GOVERNMENT FOR ANY OF THE

24    FOLLOWING:

25         (A) THE PAYMENT OF ANY PART OF A PROJECT.







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 1         (B) THE FINANCING OF ENGINEERING, FEASIBILITY,

 2    PRACTICABILITY, ENVIRONMENTAL ASSESSMENT, OR IMPACT STUDY OR

 3    COST-BENEFIT ANALYSIS OF A PROJECT.

 4         (C) THE COSTS OF ACQUIRING PROPERTY UNDER SECTION 7.

 5         (D) ENGINEERING, SURVEYING, AND LEGAL FEES.

 6         (2) THE BORROWING BY THE DRAINAGE DISTRICT UNDER

 7    SUBSECTION (1) MAY BE WITH OR WITHOUT INTEREST AS MAY BE AGREED

 8    AND REIMBURSED, WHEN FUNDS ARE AVAILABLE.  THE OBLIGATION OF THE

 9    DRAINAGE DISTRICT TO MAKE THE REPAYMENT OR REIMBURSEMENT SHALL BE

10    EVIDENCED BY A CONTRACT OR NOTE, WHICH CONTRACT OR NOTE MAY

11    PLEDGE THE FULL FAITH AND CREDIT OF THE DRAINAGE DISTRICT AND MAY

12    BE MADE PAYABLE OUT OF THE DRAIN ASSESSMENTS MADE AGAINST MUNICI-

13    PALITIES AT LARGE, OR AGAINST LANDS IN THE DRAINAGE DISTRICT, OR

14    OUT OF THE PROCEEDS OF DRAIN ORDERS, NOTES, OR BONDS ISSUED BY

15    THE DRAINAGE DISTRICT PURSUANT TO THIS ACT OR OUT OF ANY OTHER

16    AVAILABLE FUNDS.  THE CONTRACT OR NOTE SHALL NOT BE CONSIDERED TO

17    BE AN OBLIGATION WITH THE MEANING OF THE MUNICIPAL FINANCE ACT,

18    1943 PA 202, MCL 131.1 TO 139.3, UNLESS THE TOTAL OF ALL AMOUNTS

19    BORROWED OR ACCEPTED AS ADVANCES OF WORK, MATERIAL, OR MONEY

20    UNDER SUBSECTION (1), INCLUDING THE CONTRACT OR NOTE, EXCEEDS

21    $300,000.00.  HOWEVER, ANY PROJECTS IN WHICH ADVANCES OR LOANS

22    ARE MADE BY ANY PUBLIC CORPORATION, THE FEDERAL GOVERNMENT, OR

23    ANY AGENCY OF THE FEDERAL GOVERNMENT SHALL NOT BE INCLUDED IN

24    THIS TOTAL AMOUNT.

25         (3) A COUNTY BOARD OF COMMISSIONERS BY A VOTE OF 2/3 OF ITS

26    TOTAL MEMBERSHIP MAY PLEDGE THE FULL FAITH AND CREDIT OF A COUNTY

27    FOR THE PAYMENT OF A NOTE OF THE DRAINAGE DISTRICT.



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 1         Sec. 276.  (1) If bonds or notes are to be issued  in

 2     respect to an intracounty  FOR A COUNTY drain, the county board

 3    of commissioners may, by resolution adopted by a majority of its

 4    total membership, pledge the full faith and credit of the county

 5    for the prompt payment of the principal of and interest on any

 6    bonds or notes hereafter issued pursuant to this act.  This shall

 7    not validate any bonds or notes  heretofore  issued BEFORE MAY

 8    14, 1957.  In the event  IF the county  shall be  IS required to

 9    advance any money by reason of such pledge, and if the collec-

10    tions from special assessments shall not be sufficient to reim-

11    burse the county therefor, the  drain  commissioner of such

12    county shall, within a 2-year period from the date of advance-

13    ment, reassess the drainage district as in the first instance in

14    order to provide for the repayment to the county of the sums so

15    advanced.  The provisions of this section shall not permit the

16     advancement or any moneys out of the general funds of any county

17     to meet any deficiency in the collection of drain assessments

18     confirmed prior to May 1, 1953. 

19         (2) IF A DRAINAGE PROJECT LIES ENTIRELY WITHIN THE LIMITS OF

20    A MUNICIPALITY, OTHER THAN A COUNTY, THE GOVERNING BODY OF THE

21    MUNICIPALITY MAY PLEDGE THE FULL FAITH AND CREDIT OF THE MUNICI-

22    PALITY FOR THE PAYMENT OF BONDS OR DRAIN ORDERS ISSUED IN CONNEC-

23    TION WITH THE PROJECT.  IF THE GOVERNING BODY PLEDGED THE FULL

24    FAITH AND CREDIT OF THE MUNICIPALITY AND IF A DEFICIENCY EXISTS

25    IN THE DRAIN FUND OR SINKING FUND FOR THE DRAIN 1 YEAR AFTER THE

26    LAST INSTALLMENT OF THE DEFICIENCY ASSESSMENT PROVIDED FOR IN

27    SECTION 280 BECOMES DELINQUENT, THE MUNICIPALITY SHALL



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 1    IMMEDIATELY ADVANCE TO THE COUNTY DRAIN FUND THE AMOUNT OF THE

 2    DEFICIENCY.  AFTER THE MUNICIPALITY MAKES THE ADVANCE, ALL

 3    RECEIPTS OF THE DRAIN FUND FROM THE SALE OF DELINQUENT TAX LANDS,

 4    WHICH HAD BEEN ASSESSED FOR THE DRAIN, SHALL BE PAID TO THE

 5    MUNICIPALITY WITHIN 91 DAYS AFTER RECEIPT BY THE COUNTY

 6    TREASURER.

 7         Sec. 277.  Whenever lands in any city, village or township

 8     or combination thereof shall be assessed for all or any part of

 9     the cost of a drain, the  THE governing body of each  such

10     cities, villages or townships  CITY, VILLAGE, OR TOWNSHIP IN

11    WHICH ARE LOCATED LANDS ASSESSED FOR ALL OR PART OF THE COST OF A

12    DRAIN, by resolution adopted prior to the issuance of drain

13    orders  and/or  OR bonds, OR BOTH, in anticipation of the payment

14    of the assessments for  such  THE drain, may agree that in the

15    event of any delinquency in the collection of the assessments

16    against lands in  such  THE cities, villages, or townships, the

17    cities, villages, or townships shall advance the amount of  such 

18    THE delinquency from unobligated funds in the general fund to the

19    extent necessary to pay principal and interest on  such  THE

20    drain orders  and/or  OR bonds as  the same  THEY mature.  In

21     the event that moneys are  IF MONEY IS so advanced, then the

22    cities, villages, or townships shall be reimbursed from the col-

23    lection of the said delinquent assessments against lands within

24    its boundaries.  If the collections from special assessments

25     shall  ARE not  be  sufficient to reimburse the cities,

26    villages, or townships, the  drain  commissioner of  such  THE

27    county OR DRAINAGE BOARD shall, within a 5-year period from the



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 1    date of advancement, reassess the drainage district as in the

 2    first instance in order to provide for the repayment of the sums

 3    so advanced.  :  Provided, That this  THIS act shall not vali-

 4    date any drain orders or bonds issued  prior to the effective

 5     date of this act  BEFORE MARCH 28, 1956.

 6         SEC. 277A.  (1) IF DRAINAGE DISTRICTS ARE CONSOLIDATED AS

 7    PROVIDED FOR IN THIS ACT, THE CONSOLIDATED DISTRICT SHALL, EXCEPT

 8    AS OTHERWISE PROVIDED IN THIS ACT, HAVE ALL THE RIGHTS AND POWERS

 9    AND BE SUBJECT TO ALL LAWS APPLICABLE TO COUNTY OR INTERCOUNTY

10    DRAINAGE DISTRICTS, AS APPLICABLE.

11         (2) THE MERGING OF A DRAINAGE DISTRICT INTO A CONSOLIDATED

12    DISTRICT DOES NOT AFFECT THE OBLIGATION OF ANY BONDS ISSUED OR

13    CONTRACTS ENTERED INTO BY THE DISTRICT OR INVALIDATE THE LEVY,

14    EXTENSION, OR COLLECTION OF ANY TAXES OR SPECIAL ASSESSMENTS UPON

15    PROPERTY IN THE DEBTOR DISTRICT.  THE BONDS AND CONTRACTS SHALL

16    BE TAKEN OVER AND ASSUMED BY THE CONSOLIDATED DISTRICT, AND ALL

17    OUTSTANDING SPECIAL ASSESSMENTS SHALL BE COLLECTED AND PAID OVER

18    TO THE CONSOLIDATED DISTRICT FOR THE PAYMENT OF THE OBLIGATIONS

19    PREVIOUSLY ISSUED OR CONTRACTS PREVIOUSLY ENTERED INTO BY THE

20    DEBTOR DISTRICT.  IF FURTHER FUNDS ARE NECESSARY FOR THE PAYMENT

21    OF OBLIGATIONS PREVIOUSLY ISSUED OR CONTRACTS PREVIOUSLY ENTERED

22    INTO BY THE DEBTOR DISTRICT, THE COMMISSIONER OR DRAINAGE BOARD

23    OF THE CONSOLIDATED DISTRICT SHALL CONTINUE TO LEVY A SPECIAL

24    ASSESSMENT BASED ON THE SPECIAL ASSESSMENT ROLL CREATED TO

25    FINANCE THE OBLIGATIONS OR CONTRACTS.  THE PROCEEDS OF THE SPE-

26    CIAL ASSESSMENT SHALL BE USED ONLY FOR THE PURPOSE OF PAYING THE

27    INDEBTEDNESS, AND THE INTEREST THEREON.



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 1         (3) IF THERE ARE FUNDS IN THE DRAIN ACCOUNT OF ANY OF THE

 2    DISTRICTS TO BE CONSOLIDATED, THE FUNDS SHALL BE PLACED IN A SEP-

 3    ARATE ACCOUNT FOR THE CONSOLIDATED DISTRICT AND SHALL BE USED TO

 4    PAY EXPENSES INCURRED BY THE COMMISSIONER OR DRAINAGE BOARD FOR

 5    THE CONSOLIDATED DISTRICT, EXCEPT AS FOLLOWS:

 6         (A) IF LANDS ARE ADDED WHICH WERE NOT PREVIOUSLY LOCATED IN

 7    A PETITIONING DISTRICT, FUNDS FROM EACH ACCOUNT WHERE THERE IS A

 8    SURPLUS SHALL BE PAID OUT OR PRORATED IN THE SAME MANNER AS PRO-

 9    VIDED FOR ABANDONED OR VACATED DRAINS AFTER THAT DISTRICT'S

10    INDEBTEDNESS FOR THE COST OF CONSOLIDATION HAS BEEN SATISFIED.

11         (B) IF 1 OF THE DISTRICTS CONSOLIDATED IS SPECIALLY BENE-

12    FITTED BY THE CONTINUED OPERATION AND MAINTENANCE OF PUMPING

13    EQUIPMENT OR OTHER MECHANICAL OPERATIONS, A SEPARATE ACCOUNT

14    SHALL BE MAINTAINED TO PROVIDE FOR PAYMENT FOR THE OPERATION AND

15    MAINTENANCE OF THE PUMPING EQUIPMENT OR OTHER MECHANICAL

16    OPERATION.

17         Sec. 278.  If bonds or notes are issued and sold by the com-

18    missioner, installments of the drain  taxes  SPECIAL ASSESSMENTS

19    shall bear interest not to exceed a rate which is not greater

20    than 1% per annum more than the average rate of interest on the

21    bonds or notes from the date of the preparation of the assessment

22    roll until due.  The bonds or notes may provide, if the commis-

23    sioner so determines, for the payment of interest semiannually.

24    The installments and the interest thereon shall, as collected, be

25    paid into the county treasury and placed to the credit of the

26    fund of the drain, to be used solely for the payment of bonds or

27    notes as they mature.  Money collected in anticipation of the



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 1    maturity of the bonds or notes shall be deposited by the county

 2    treasurer in a bank or banks to be designated by the COUNTY board

 3    of commissioners.  of the county and the  THE interest received

 4     shall belong  BELONGS to the fund.  Bonds or notes issued and

 5    sold by the commissioner shall bear interest at not to exceed the

 6    rate specified in section 2 of chapter 3 of  Act No. 202 of the

 7     Public Acts of 1943, as amended, being section 133.2 of the

 8     Michigan Compiled Laws  THE MUNICIPAL FINANCE ACT, 1943 PA 202,

 9    MCL 133.2.

10         Sec. 279.  Any person liable  to  FOR the payment of special

11    assessments  for benefits received from the construction of a

12     drain hereunder  may pay the  same  ASSESSMENT in full with

13    interest to date at any time, subject to the right of reassess-

14    ment in case of A deficiency as  herein  provided.  HOWEVER, A

15    PREPAYMENT MADE FOLLOWING THE ISSUANCE OF BONDS OR NOTES IS

16    SUBJECT TO THE FIRST-YEAR INTEREST ON THE BONDS OR NOTES. The

17     foregoing  right of prepayment  shall extend to the  EXTENDS TO

18    THIS state or any political subdivision thereof, assessed at

19    large for a portion of the cost of  a  THE drain.  Such payment

20    may be made to the  township treasurer  COMMISSIONER, who shall

21    give his OR HER receipt therefor and who shall transmit the

22     same  RECEIPT to the county treasurer.  The  latter official

23     shall, on receipt of the same, give notice to the commissioner,

24     who  COMMISSIONER shall make the necessary changes in the rolls

25    covering subsequent installments.

26         Sec. 280.  (1) If, FOR ANY REASON, there is not sufficient

27    money in the fund in a particular drain at the time of the



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 1    maturity of the bonds last to mature, or any drain orders, to pay

 2    all outstanding bonds or drain orders with interest, or to reim-

 3    burse the county for money which it has been obliged to advance

 4    pursuant to section 275,  whether such insufficiency is due to

 5     the anticipation of installments as provided in section 279, or

 6     to failure to sell any lands for delinquent taxes, or to any

 7     other cause, it shall be the duty of  the commissioner  to  OR

 8    DRAINAGE BOARD SHALL at once levy an additional assessment.  as

 9     hereinbefore provided in such  THE ADDITIONAL ASSESSMENT SHALL BE

10    IN an amount as will make up the deficiency  which  AND shall be

11    spread in not to exceed 7 annual installments.  ; and if the

12     commissioner determines that the entire amount, if spread in 1

13     year, would be an undue burden or create unnecessary hardship, he

14     or she may order it spread over any number of years up to but not

15     exceeding 7.  If bonds or other evidences of indebtedness are

16    issued pursuant to the municipal finance act,  Act No. 202 of the

17     Public Acts of 1943, as amended, being sections 131.1 to 139.3 of

18     the Michigan Compiled Laws  1943 PA 202, MCL 131.1 TO 139.3, to

19    refund the outstanding indebtedness of a drain district, the gov-

20    erning body of  such  THE drain district shall provide, subject

21    to the directions of the department of treasury or to the

22    requirements of  Act No. 202 of the Public Acts of 1943  THE

23    MUNICIPAL FINANCE ACT, 1943 PA 202, MCL 131.1 TO 139.3, for

24     such  additional levies of assessments  prior to  BEFORE the

25    maturity of  such  THE refunding obligations  as  necessary to

26    prevent default in payment of interest on such obligations, and

27    FOR the maintenance of a  sinking  fund for  their  THE



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 1    retirement OF THE OBLIGATIONS.  Every officer charged with the

 2    determination of the amount of  taxes  SPECIAL ASSESSMENTS to be

 3    raised, or the levying of  such taxes  THE SPECIAL ASSESSMENTS,

 4    shall make or cause to be made the additional levies as

 5    provided.  Any surplus remaining after the payment of the bonds

 6    and interest shall remain in the DRAIN FUND OF THE county trea-

 7    sury and be used for the maintenance of the drain.

 8         (2)  Such  THE additional assessments shall  only apply to

 9     drain orders or bonds issued after March 28, 1956 and shall  be

10    apportioned, assessed, levied, and collected as provided in the

11    first instance.  As to deficiency assessments levied for drain

12    orders or bonds issued after March 28, 1956, there shall be no

13    lands exempted therefrom, except those which at the time of such

14    additional assessments are owned or used as follows:

15         (a) Lands owned by the United States.

16         (b) Lands owned by the state of Michigan, except licensed

17    homestead lands.  , and except lands held under land contracts

18     issued pursuant to Act No. 155 of the Public Acts of 1937, as

19     amended, being sections 211.355a to 211.364, of the Michigan

20     Compiled Laws. 

21         (c) Lands owned by any county, city, village, township, or

22    school district and used for public purposes.

23         (d) Lands used exclusively for burial grounds.

24         (e) Lands dedicated to the public and actually used as a

25     highway or alley  ROADWAY, and not used for gain.

26         (3) An additional assessment shall not be levied or

27    collected for the purpose of paying the principal or interest



   06729'98
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 1    upon any bonds or obligations  which have heretofore been  THAT

 2    WERE held to be invalid  , and any such  BEFORE MARCH 28, 1956.

 3    AN additional assessment shall not be apportioned, assessed,

 4    levied, or collected for the purpose of paying any bonds, inter-

 5    est, or obligations for the payment of which assessments have

 6    heretofore been made.

 7         Sec. 282.  (1) The  drain  commissioner or drainage board

 8    may direct the treasurer of any drainage district to invest any

 9    surplus funds belonging to and under the control of the  drain 

10    commissioner or drainage board as provided in section 1 of  Act

11     No. 20 of the Public Acts of 1943, being section 129.91 of the

12     Michigan Compiled Laws  1943 PA 20, MCL 129.91.  OTHERWISE, THE

13    FUNDS SHALL BE INVESTED IN SECURE INTEREST BEARING ACCOUNTS.  THE

14    TREASURER OF THE DRAINAGE DISTRICT SHALL CREDIT EARNINGS FROM

15    INVESTMENTS UNDER THIS SECTION TO THE DRAINAGE DISTRICT FUND.

16         (2) If 2 or more drainage district funds  which are  under

17    control of the  drain  commissioner or drainage board have bal-

18    ances of less than $1,000.00, those drainage district funds  may 

19    SHALL be consolidated into 1 account for short-term investment.

20     as directed by the drain commissioner.  A drainage district fund

21    shall not be consolidated if there is an immediate and apparent

22    need for expending that fund on the specific drain to which the

23    fund belongs.

24         (3) The interest earned by a fund consolidated under subsec-

25    tion (2) may be deposited in a segregated revolving maintenance

26    fund which the  drain  commissioner or drainage board may use for

27    temporarily financing necessary maintenance expenses on  an



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 1    intracounty  A COUNTY or intercounty drain within that  drain 

 2    commissioner's or drainage board's jurisdiction.  The revolving

 3    maintenance fund shall be a fund separate from the revolving

 4    drain fund provided for in chapter 12.  The revolving maintenance

 5    fund shall be accounted for, administered, and reimbursed in the

 6    same manner as the revolving drain fund under section 303.

 7         (4) If a drainage district fund has a balance of $1,000.00

 8    or more, the  drain  commissioner or drainage board may direct

 9    that that fund be consolidated with other funds for investment

10    purposes.  The interest earned, whether from a consolidated or

11    separate account, shall immediately be deposited in the drainage

12    district fund to which the principal belongs.

13         (5) The principal balances of each drainage district fund

14    shall be accounted for at all times and may only be spent by

15    order of the  drain  commissioner or drainage board on expenses

16    necessary for the operation and maintenance of the drain to which

17    the fund belongs.

18         Sec. 283.  (1) The  drain  commissioner or drainage board

19    shall  use  DEPOSIT IN THE DRAIN FUND OF THE DRAINAGE DISTRICT

20    any surplus construction funds remaining in the construction fund

21    after completion of the project for the inspection, repair, and

22    maintenance of the drain  as provided in section 196  or shall

23    authorize the transfer of the funds to the bond and interest

24    account, if bonds were issued, in the amounts the  drain  commis-

25    sioner or drainage board considers proper.

26         (2) The drainage board or  drain  commissioner  shall  MAY

27    contract with a  public corporation  MUNICIPALITY if that  public



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 1    corporation  MUNICIPALITY has been assessed for all or part of

 2    the cost of the drain or if land in a  city, village, township,

 3     or combination thereof  MUNICIPALITY has been assessed for all or

 4    any part of the cost of a drain.  The contract shall provide that

 5    after all outstanding drain orders or bonds are paid on a drain-

 6    age district project, the  drain  commissioner or drainage board

 7     shall  MAY authorize the respective county treasurers to pay

 8     over  any portion of the surplus THAT THE COMMISSIONER CONSIDERS

 9    not needed for  more than  the cost of inspection, repair, and

10    maintenance of the drain as provided in  section 196  CHAPTER 8

11    to  the county, township, city, or village in which the drain was

12     located or in which assessments for benefits have been assessed

13     and collected  SUCH MUNICIPALITIES.  The payments shall be on a

14    pro rata basis in direct proportion to the amounts assessed and

15    collected from each  county, city, village, or township 

16    MUNICIPALITY.  The contract shall also provide that upon receipt

17    of the surplus funds the  county, city, village, or township 

18    MUNICIPALITY shall utilize those surplus funds to alleviate

19    drainage problems in  their respective jurisdictions  ITS

20    JURISDICTION.

21         (3) If state TRUNK LINE highway funds are involved in a

22    project, the  drain  commissioner or drainage board, upon comple-

23    tion of a  construction  project,  shall  AND AFTER PAYMENT OF

24    ALL OUTSTANDING BONDS OR NOTES MAY return TO THE STATE TRANSPOR-

25    TATION DEPARTMENT, on a pro rata basis, surplus construction

26    funds in excess of the amount CONSIDERED necessary BY THE

27    COMMISSIONER to pay for inspection, repair, and maintenance of



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 1    the drain as provided in  section 196 to the state transportation

 2     department for the construction, maintenance, and administration

 3     of state highways  CHAPTER 8.

 4          (4) As used in this section, "public corporation" includes

 5     a city, village, township, or county, or the state. 

 6                              CHAPTER 12  . 

 7                      REVOLVING FUNDS FOR DRAINS  . 

 8         Sec. 301.  At the October session of the COUNTY board of

 9     supervisors  COMMISSIONERS OF EACH COUNTY,  each  THE board

10    shall appropriate and collect by general taxation from the tax-

11    able property within  their respective counties  THE COUNTY for

12    the purpose of creating a revolving drain fund,  such sum as said

13     board may deem  THE SUM THAT THE BOARD CONSIDERS necessary.

14     Said  THE revolving fund  when so created  shall be used and

15    disposed of solely as provided in this chapter.

16         Sec. 302.  (1) The revolving fund may be used for paying ANY

17    OF the FOLLOWING:

18         (A) THE engineer or surveyor for  his  services in laying

19    out a drainage district.  , also any 

20         (B) ANY necessary assistance  therefor and to pay any and

21     all other  FOR THE ENGINEER OR SURVEYOR.

22         (C) OTHER LEGAL, ENGINEERING, NATURAL RESOURCE IMPACT

23    ASSESSMENT, OR CONSULTING services to the date of letting the

24    drain contract.  for paying members 

25         (D) MEMBERS of boards of determination for services per-

26    formed under this act.  , for necessary 





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 1         (E) NECESSARY repairs on old drains.  , and also for paying

 2     drain 

 3         (F) DRAIN orders that are due not in excess of  $2,000.00 

 4    $5,000.00 if authorized by the COUNTY board of  supervisors 

 5    COMMISSIONERS.

 6         (2) Orders drawn by the DRAIN commissioner on the revolving

 7    fund may be made payable upon the performance of services  herein

 8     defined  LISTED IN SUBSECTION (1).  From  said  THE revolving

 9    fund may be paid the services  herein mentioned  LISTED IN

10    SUBSECTION (1) on any drain or drainage district affecting more

11    than 1 county.  Such  THE total expense  is  SHALL BE prorated

12    among the  several  counties affected according to the amount

13    apportioned to be paid by and in  said counties respectively for

14     said  EACH COUNTY FOR THE drain.  Any and all orders  ORDERS for

15    services rendered or expenses incurred after the date of letting

16    the drain contract shall be paid in the manner prescribed in

17    chapter 10.  , being sections 241 to 248. 

18         Sec. 303.  The county treasurers shall carry as a separate

19    account upon the books of their office a revolving fund and all

20    accounts and items pertaining thereto.  A record shall be kept of

21    the amount of money paid from the revolving fund for the use and

22    benefit of any particular drainage district and upon payment to

23    the county treasurer of the  taxes assessed  ASSESSMENTS LEVIED

24    in the particular drainage district, the county treasurer, out of

25    the moneys received, shall transfer to the revolving fund pro

26    rata according to the number of installments of taxes the sum

27    expended.



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 1         Sec. 304.  The  said  revolving fund shall be deposited in

 2     the bank of the county offering the highest rate of interest on

 3     daily balances, final determination to be made by the board of

 4     supervisors of the particular county, the  AN AUTHORIZED DEPOSI-

 5    TORY FOR COUNTY FUNDS.  THE interest  so received to  EARNED ON

 6    THE FUND SHALL be paid into and become a part of  said  THE

 7    fund.

 8         Sec. 306.  Whenever  IF revolving fund  moneys have  MONEY

 9    HAS been expended or a drainage district has become obligated to

10    pay expenses for engineering, legal,  and  OR administrative

11    services, by action of the  drain  commissioner or drainage board

12    and  no  AN improvement has NOT been completed  subsequent to the

13     commissioner's order designating  AFTER THE ENTRY OF THE ORDER

14    ESTABLISHING a drainage district or  entry of the first order of

15     determination as prescribed in section 72 where  THE ORDER OF

16    NECESSITY FOR an intracounty drain,  is involved,  the  drain 

17    commissioner of  such  THE county which has expended such revolv-

18    ing fund  moneys  MONEY may report  such  THAT fact to the board

19    of  supervisors  COMMISSIONERS.  If  no  AN improvement  has

20     been  IS NOT completed within  a period of 5 years subsequent to

21     the  2 YEARS AFTER THE DRAIN commissioner's  order designating 

22    ENTRY OF THE ORDER ESTABLISHING a drainage district or  entry of

23     the first order of determination as prescribed in section 72, the

24     drain  THE ORDER OF NECESSITY, THE commissioner of such county

25    shall report  such  THAT fact to the COUNTY board of

26     supervisors  COMMISSIONERS.  If the sum involved is too small to

27    justify spreading the  same  SUM over the designated DRAINAGE



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 1    district,  above referred to, such  THE COUNTY board of

 2     supervisors  COMMISSIONERS may order the sum to be spread

 3    against the property of the original petitioners according to

 4     such percentage as the commissioners shall deem  THE PERCENTAGE

 5    THAT THE COMMISSIONER CONSIDERS just and equitable, based on the

 6    same benefit theory as if the improvement had been completed.  If

 7    the sum involved is large enough to, in the opinion of the COUNTY

 8    board of  supervisors  COMMISSIONERS, create undue hardship on

 9    the original petitioners, the COUNTY board of  supervisors 

10    COMMISSIONERS may order the  same  SUM spread over  such  THE

11    designated district and the DRAIN commissioner shall apportion

12    the  cost thereof  SUM to the parties benefited in the district

13    as provided in chapter 7 for the purpose of permitting a review

14    of the roll as to fairness of the apportionment only.

15         Sec. 307.  Whenever  IF revolving fund  moneys have  MONEY

16    HAS been expended and  no improvement has been completed subse-

17     quent to the order designating a drainage district as prescribed

18     in section 105 of this act  AN IMPROVEMENT IS NOT COMPLETED

19    WITHIN 2 YEARS AFTER THE ENTRY OF THE ORDER ESTABLISHING THE

20    DRAINAGE DISTRICT where an intercounty drain is involved,  within

21     a period of 5 years,  the drainage board  created in section 102

22     of this act  shall apportion the cost as between counties.  Any

23     drain  commissioner feeling aggrieved by  such  THE apportion-

24    ment may request review by the board of review,  provided in sec-

25     tion 106 of this act, and such board shall proceed to review the

26     same  AND THE BOARD OF REVIEW SHALL REVIEW THE APPORTIONMENT as

27    provided in this act.  The decisions of the board of review



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 1     shall be  ARE final.  Thereafter, the amount apportioned to each

 2    county shall be recovered by  each  THAT county as  above

 3     outlined  PROVIDED for the recovery of revolving fund  moneys 

 4    MONEY expended for an intracounty drain in section 306.  of this

 5     act. 

 6                              CHAPTER 13  . 

 7      HIGHWAYS  ROADWAYS, RAILROADS, UTILITIES, AND OTHER STRUCTURES

 8         Sec. 322.  (1)  When any  IF A drain crosses a  highway 

 9    ROADWAY, the necessary bridge or culvert shall be constructed on

10    the center line of the  highway  ROADWAY as located by survey,

11    and in accordance with plans and specifications which shall be

12    approved by the  county road commission having jurisdiction, or

13     by the state highway commissioner if such highway is a state

14     trunk line  ROADWAY AUTHORITY UNDER A PERMIT UNDER SECTION 7.

15    The cost of constructing the necessary bridge or culvert shall be

16    charged in the first instance as part of the cost of construction

17    of  such  THE drain. The  board of county road commissioners or

18     the state highway commissioner  ROADWAY AUTHORITY shall assume

19    and bear  such  A portion of the cost of construction, based upon

20    benefits, as may be agreed upon with the  drain  commissioner.

21     In such case, the  THE contract for the construction of the

22    bridge shall not be let by the  drain  commissioner without the

23    written consent of the  state highway commissioner or the board

24     of county road commissioners.  Thereafter such  ROADWAY

25    AUTHORITY.

26         (2) AFTER CONSTRUCTION, THE bridge or culvert  constructed

27     under the provisions of this act  shall be maintained by the



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 1     county road commission or state highway commissioner.  Any such 

 2    ROADWAY AUTHORITY.

 3         (3) AN expense charged to the state  highway commissioner 

 4    TRANSPORTATION COMMISSION UNDER THIS SECTION shall be  met  PAID

 5    out of any funds appropriated for the state  highway 

 6    TRANSPORTATION department that may be available therefor.  ; and

 7     any such expense to be borne by  AN EXPENSE CHARGED TO the board

 8    of county road commissioners UNDER THIS SECTION shall be paid out

 9    of  moneys  MONEY in the county road fund not otherwise

10    appropriated.

11         (4) As part of  such  THE drain, there shall be constructed

12    at least 1 bridge or culvert across such drain connecting the

13     highway (except  ROADWAY WITH EACH FARM ENTRANCE, UNLESS THE

14    ROADWAY IS A limited access  highways  HIGHWAY established under

15     Act No. 205 of the Public Acts of 1941, as amended, being sec-

16     tions 252.51 to 252.64 of the Compiled Laws of 1948), with each

17     farm entrance, and when  1941 PA 205, MCL 252.51 TO 252.64.  IF a

18    drain crosses a  farm or any portion thereof there shall be con-

19     structed 1 bridge, culvert or ford across the drain connecting

20     the portions of the farm disconnected by the drain, which  PARCEL

21    OR TRACT OF LAND AND WILL DIMINISH ACCESS TO PORTIONS OF THE

22    PARCEL OR TRACT DISCONNECTED BY THE DRAIN, 1 BRIDGE, CULVERT, OR

23    FORD SHALL BE CONSTRUCTED ACROSS THE DRAIN TO CONNECT THOSE POR-

24    TIONS OF THE PARCEL OR TRACT SO THAT THE DEGREE OF ACCESS IS NOT

25    DIMINISHED.  THE COST OF CONSTRUCTION OF THE bridge, culvert, or

26    ford shall also be charged in the first instance as a part of the

27    construction of  such  THE drain.  , after which such  AFTER



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 1    CONSTRUCTION OF THE BRIDGE, CULVERT, OR FORD, THE bridge,

 2    culvert, or ford shall be maintained by the owner of the  land 

 3    TRACT.

 4         (5) If the  drain  commissioner  shall make future  OR

 5    DRAINAGE BOARD MAINTAINS OR MAKES improvements  such as widening,

 6     deepening, straightening or relocating such drain, but not clean

 7     out alone, there shall be constructed the  TO A DRAIN, necessary

 8    bridges, culverts, and fords MAY BE CONSTRUCTED OR MAINTAINED as

 9     parts  PART of  such improvements  THE DRAIN MAINTENANCE OR

10    IMPROVEMENT.

11         (6) THE ENGINEER, WHEN NECESSARY, SHALL RECOMMEND THE SIZE

12    AND TYPE OF CONSTRUCTION FOR NECESSARY BRIDGES, CULVERTS, AND

13    FORDS.

14         Sec. 322b.  If any person desires during construction or

15    reconstruction of a  highway  ROADWAY to install a drain for

16    agricultural benefits in lands adjacent to any  highway  ROADWAY,

17    and if a satisfactory outlet cannot be secured on the upper side

18    of the  highway  ROADWAY right-of-way and the drain must be

19    projected across the right-of-way to reach an outlet which may be

20    legally utilized as an outlet and is suitable for such purpose,

21    the expense of both material and labor used in installing the

22    drain across the right-of-way shall be paid from funds available

23    for the  highway  ROADWAY affected if the  highway  ROADWAY

24    authority is notified of the necessity of the drain sufficiently

25    in advance of the construction or reconstruction of the  highway 

26    ROADWAY so that the drain may be installed and the  highway 

27    ROADWAY constructed or reconstructed in the same operation.



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 1         Sec. 323.  Before a drain  shall be  IS constructed along a

 2     public highway, the highway authorities having jurisdiction over

 3     the highway shall be consulted and their consent shall be

 4     obtained in writing, as  ROADWAY, THE COMMISSIONER SHALL CONSULT

 5    THE ROADWAY AUTHORITY AND OBTAIN ITS WRITTEN CONSENT to the pro-

 6    posed location OF THE DRAIN and  what  THE disposition  shall  TO

 7    be made of all material excavated.  Whenever  IF an apportion-

 8    ment is made against a state trunk line highway, the amount of

 9    the assessment based on such apportionment shall be paid out of

10    any state  trunk line highway  TRANSPORTATION funds on hand.  in

11     the state treasury.  On or before December 1 of the year when

12     such assessment is made, the drain commissioner shall certify to

13     the auditor general the amount due from the state to such drain-

14     age district by reason of the assessment of benefits, and the

15     auditor general shall, if satisfied of the correctness of such

16     certificate, cause the same to be paid within 30 days

17     thereafter. 

18          When a ditch or drain has been constructed prior to 1923

19     primarily for drainage of private lands, and constructed along a

20     public highway, and the records including the original survey of

21     such drain are not of public record nor turned over to the county

22     drain commissioner, or have not been entered in the records of

23     the county drain commissioner as a county drain, then the actual

24     location of such drain shall be sufficient to make such drain

25     comply with the provisions of this act with respect to the loca-

26     tion thereof, and such drain shall be a county drain upon

27     compliance with the other provisions of this act with respect to



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 1    county drains.  No proceedings shall be instituted for the

 2     widening of such drain or the deepening thereof below its origi-

 3     nal bottom. 

 4         Sec. 324.  (1)  Whenever  IF it is necessary or more conven-

 5    ient for the proper drainage of  any highway  A COUNTY ROAD in

 6    this state that the surplus water be taken onto or across the

 7    land adjacent thereto, the county road commission of the county

 8    in which  said highway  THE COUNTY ROAD is situated may secure

 9    the right-of-way and may open such drain or outlet for the water,

10    and for these purposes may use  any highway moneys  THE COUNTY

11    ROAD MONEY of the township in which  said highway  THE COUNTY

12    ROAD is situated, not otherwise appropriated, and  such  ANY sums

13     as may be  voted for that use by the electors of the townships.

14         (2) The county road commission shall secure the right-of-way

15    for  any such  THE drain by gift or purchase from the owners of

16    the land to be crossed by  such  THE drain.  ; but in case of

17     purchase the  A purchase price must be approved by the township

18    board whenever township funds are involved, before any  money be

19     paid thereon  PAYMENT IS MADE.  Such  THE right-of-way shall be

20    acquired by deed duly executed by the owner or owners of the

21    lands  sought  to be crossed by the  said  drain, and shall be

22    taken in the name of the township  wherein the same  WHERE

23    RIGHT-OF-WAY is located.  , and  THE DEED SHALL BE filed in the

24    office of the register of deeds of the county before any

25     highway  COUNTY ROAD money shall be expended in opening  such 

26    THE drain outside the  highway  COUNTY ROAD limits.





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 1          Before the township board approves the purchase price of

 2     any drain right-of-way under this section, the county road

 3     commission shall submit to the board for its approval details of

 4     the proposed drain, with specifications that the drain shall be

 5     constructed in accordance with good health and sanitation stan-

 6     dards and in such a manner as not to constitute a hazard to

 7     health or safety and that in construction of the drain the town-

 8     ship board shall approve the use of the land upon which the drain

 9     is to be located. 

10         Sec. 326.  On the completion by the county road commission

11    of  any  A drain,  constructed under the provisions of this act,

12     it shall be the duty of said  THE county road commission  to 

13    SHALL file in the office of the  drain  commissioner a detailed

14    report of the construction of  such  THE drain, giving the date

15    of construction, the termini and general course  thereof,

16     together with  OF THE DRAIN, AND a copy of the deed by which the

17    right-of-way therefor was secured.  Nothing in the provisions of

18     the preceding sections shall be construed as giving to  THIS

19    CHAPTER DOES NOT GIVE the county road commission power to  lay

20     out and  construct drains having any other purpose than the

21    drainage of  highways  COUNTY ROADS.

22         Sec. 327.  (1)  In case it becomes  IF IT IS necessary for

23    the construction or maintenance of  any highway  A ROADWAY to

24    take the surplus water across adjacent lands, the  state, county

25  or township highway commissioner or county road commissioners may

26     make under his or their name of office an application or petition

27     to the drain commissioner of the county in which such highway is



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 1    situated to lay out and designate a drainage district, locate and

 2     establish a drain, clean out, widen, deepen, straighten or extend

 3     an established drain.  Such application or petition shall conform

 4     to the law regulating applications or petitions for the laying

 5     out and designating a drainage district, locating and establish-

 6     ing of drains, and cleaning out, widening, deepening, straighten-

 7     ing and extending established drains, and shall require no other

 8     signature than his own as highway commissioner or county road

 9     commissioners.  Such application or petition shall have the same

10     force and effect, and be subject in other respects to the same

11     laws and regulations that govern other such applications or peti-

12     tions and shall confer the same jurisdiction and authority on the

13     county drain commissioner to lay out and designate a drainage

14     district, locate and establish a drain, or clean out, widen,

15     deepen, straighten or extend an established drain:  Provided,

16     That in cases where the state highway commissioner makes such

17     application or petition he shall serve a copy of such application

18     or petition on the director of agriculture, who shall within 30

19     days hold a meeting at some place in the drainage district for

20     the purpose of determining the practicability or necessity of

21     such drain, and no board of determination shall be necessary to

22     pass on those questions.  Said meeting shall be held, notice

23     given and all persons interested may be heard in the same manner

24     as provided in section 102 or section 122 of this act.  The

25     determination of the director of agriculture shall be filed with

26     the drain commissioner.  ROADWAY AUTHORITY MAY FILE A PETITION

27    WITH THE COMMISSIONER OF THE COUNTY IN WHICH THE ROADWAY IS



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 1    SITUATED TO ESTABLISH A DRAINAGE DISTRICT AND A COUNTY OR

 2    INTERCOUNTY DRAIN OR TO MAINTAIN OR IMPROVE A DRAIN.  EXCEPT AS

 3    PROVIDED IN SUBSECTIONS (2) AND (3), THE PETITION AND PROCEEDINGS

 4    ARE SUBJECT TO CHAPTER 3, 8, OR 8A, AS APPLICABLE, AND OTHER PRO-

 5    VISIONS OF THIS ACT.

 6         (2) THE ROADWAY AUTHORITY IS THE ONLY PETITIONER REQUIRED ON

 7    A PETITION UNDER THIS SECTION.

 8         (3) IF THE PETITIONING ROADWAY AUTHORITY IS THE STATE TRANS-

 9    PORTATION COMMISSION, ALL OF THE FOLLOWING APPLY:

10         (A) IN ADDITION TO FILING THE PETITION WITH THE COMMISSIONER

11    OF THE COUNTY IN WHICH THE ROADWAY IS LOCATED, THE STATE TRANS-

12    PORTATION COMMISSION SHALL PROMPTLY SERVE A COPY OF THE PETITION

13    ON THE DIRECTOR OF AGRICULTURE.

14         (B) THE DIRECTOR OF AGRICULTURE SHALL EXERCISE THE POWERS

15    AND DUTIES OF THE BOARD OF DETERMINATION, FOR A COUNTY DRAIN, OR

16    THE DRAINAGE BOARD, FOR AN INTERCOUNTY DRAIN, UP TO AND INCLUDING

17    THE FILING OF THE ORDER OF NECESSITY.  THE DIRECTOR OF AGRICUL-

18    TURE SHALL CONDUCT THE FIRST HEARING UNDER CHAPTER 3, 8, OR 8A,

19    AS APPLICABLE, NOT LATER THAN 63 DAYS AFTER THE STATE TRANSPORTA-

20    TION COMMISSION SERVES THE COPY OF THE PETITION ON THE DIRECTOR

21    OF AGRICULTURE.

22         Sec. 328.  Before the department of state highways may com-

23     mence the construction of a state highway, the engineering plans

24     of the state highway relative to county drains shall be forwarded

25     to the drain commissioner of each county where the state highway

26     is to be constructed.  BEFORE A PERSON LAYS OR CONSTRUCTS A

27    CABLE, PIPELINE, SEWER, CONDUIT, ROADWAY, CULVERT, BRIDGE, OR



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 1    OTHER STRUCTURE ACROSS A COUNTY OR INTERCOUNTY DRAIN, THE PERSON

 2    SHALL FORWARD RELEVANT ENGINEERING PLANS TO THE COMMISSIONER OR

 3    DRAINAGE BOARD, RESPECTIVELY, FOR REVIEW AND WRITTEN APPROVAL

 4    UPON TERMS AND CONDITIONS THAT ARE REASONABLE AND PROPER TO PRE-

 5    VENT INTERFERENCE WITH THE DRAIN.

 6         SEC. 329.  IF THE ROADWAY AUTHORITY REQUESTS OR ORDERS THAT

 7    AN EXISTING LEGALLY ESTABLISHED DRAIN WITHIN THE RIGHT-OF-WAY OF

 8    THE ROADWAY BE RELOCATED OUTSIDE THE ROADWAY RIGHT-OF-WAY, THE

 9    COST OF RELOCATING THE DRAIN SHALL BE BORNE BY THE ROADWAY

10    AUTHORITY.

11         SEC. 330.  (1) IF IT IS NECESSARY TO ESTABLISH, CONSTRUCT,

12    MAINTAIN, OR IMPROVE A DRAIN ACROSS THE RIGHT-OF-WAY OR ROADBED

13    OF ANY RAILROAD OR RAILWAY COMPANY, TELEPHONE OR TELEGRAPH COM-

14    PANY, OR DAM, ELECTRIC, CABLE, WATER, OIL, GAS, PIPELINE, OR

15    OTHER UTILITY COMPANY, THE COMMISSIONER OR DRAINAGE BOARD SHALL

16    ACQUIRE ANY PROPERTY OR INTERESTS IN PROPERTY NECESSARY FOR THAT

17    PURPOSE UNDER SECTION 7.  THE COMMISSIONER OR DRAINAGE BOARD

18    SHALL SUBSEQUENTLY GIVE NOTICE OF THE NECESSITY TO CROSS THE

19    RIGHT-OF-WAY OR ROADBED.  NOTICE SHALL BE PROVIDED BY FIRST-CLASS

20    MAIL TO THE GENERAL OFFICE OF THE COMPANY OR THE OFFICE OF THE

21    REGISTERED AGENT OF THE COMPANY.  THE NOTICE SHALL INCLUDE THE

22    LOCATION OF THE PROPOSED CROSSING, THE NAME OF THE DRAIN, THE

23    PLANS AND SPECIFICATIONS FOR THE CROSSING AND FOR THE METHOD OF

24    CONSTRUCTING THE CROSSING, AND A SCHEDULE FOR CONSTRUCTING THE

25    CROSSING.

26         (2) WITHIN 42 DAYS AFTER RECEIPT OF THE NOTICE, THE COMPANY

27    SHALL DELIVER TO THE COMMISSIONER OR DRAINAGE BOARD BY



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 1    FIRST-CLASS MAIL NOTICE WHETHER IT APPROVES OR OBJECTS TO THE

 2    LOCATION OF THE CROSSING AND THE PLANS AND SPECIFICATIONS FOR THE

 3    CROSSING AND FOR THE METHOD OF CONSTRUCTING THE CROSSING.  THE

 4    NOTICE SHALL STATE THE REASONS FOR ANY OBJECTION.  IF THE COMPANY

 5    APPROVES OF OR FAILS TO OBJECT TO THE CROSSING, THE COMMISSIONER

 6    OR DRAINAGE BOARD MAY PROCEED WITH THE CROSSING.  IF THE COMPANY

 7    OBJECTS TO THE CROSSING, THE COMMISSIONER OR DRAINAGE BOARD MAY

 8    DO ANY OF THE FOLLOWING:

 9         (A) GIVE A REVISED NOTICE OF CROSSING UNDER SUBSECTION (1).

10    THE REVISED NOTICE OF CROSSING SHALL BE DESIGNED TO RESOLVE 1 OR

11    MORE OF THE REASONS FOR OBJECTION OF THE ORIGINAL NOTICE OF

12    CROSSING.  THE REVISED NOTICE OF CROSSING IS SUBJECT TO THE SAME

13    REQUIREMENTS AND PROCEDURES AS THE ORIGINAL NOTICE OF CROSSING

14    UNDER THIS SECTION.

15         (B) SUBMIT THE DISPUTE TO BINDING ARBITRATION BY A MEMBER OF

16    THE AMERICAN ARBITRATION ASSOCIATION OR ITS SUCCESSOR UNDER THE

17    COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIA-

18    TION OR ITS SUCCESSOR.  THE ARBITRATOR MAY AWARD ATTORNEY FEES OR

19    ARBITRATION FEES TO THE PREVAILING PARTY.  AT THE REQUEST OF

20    EITHER PARTY, THE DECISION OF THE ARBITRATOR MAY BE ENTERED IN

21    AND ENFORCED BY THE CIRCUIT COURT OF THE COUNTY IN WHICH THE

22    CROSSING IS PROPOSED.

23         (C) PETITION THE CIRCUIT COURT OF THE COUNTY IN WHICH THE

24    CROSSING IS PROPOSED TO BE LOCATED TO ORDER THE COMPANY TO ALLOW

25    THE COMMISSIONER OR DRAINAGE BOARD TO CONSTRUCT THE CROSSING.

26    THE CIRCUIT COURT SHALL, IF IT FINDS THAT THERE IS A LEGAL RIGHT

27    TO THE CROSSING, ISSUE A WRIT OF MANDAMUS ORDERING THE COMPANY TO



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 1    ALLOW THE COMMISSIONER OR DRAINAGE BOARD TO CONSTRUCT THE

 2    CROSSING.  THE COMMISSIONER OR DRAINAGE BOARD SHALL GIVE THE COM-

 3    PANY AT LEAST 14 DAYS' NOTICE OF THE PETITION TO THE CIRCUIT

 4    COURT AND THE PROCEEDINGS SHALL FOLLOW THE PRACTICE OF CIRCUIT

 5    COURTS IN MANDAMUS PROCEEDINGS.  THE MATTER SHALL BE HEARD AND

 6    DETERMINED AS SPEEDILY AS PRACTICABLE.  THE COURT MAY AWARD COSTS

 7    AND ATTORNEY FEES TO THE PREVAILING PARTY.

 8                              CHAPTER 17  . 

 9           ABANDONED AND VACATED DRAINS--DISPOSAL OF FUNDS  . 

10         Sec. 391.  (1) Any drain or part thereof  which has ceased

11     to be of public utility and  THAT is no longer necessary  or con-

12     ducive to the  FOR public health, PUBLIC convenience,  and  OR

13    PUBLIC welfare may be declared to be abandoned and vacated in the

14    manner  herein  provided IN THIS SECTION.

15         (2) Any 5  freeholders of lands  OWNERS OF LAND in a drain-

16    age district or the governing body of any  public corporation 

17    MUNICIPALITY in whose limits a drain or part thereof is located

18    may petition for the abandonment and vacation of  a  THE drain or

19    part thereof.  The petition shall be addressed to and filed with

20    the DRAIN commissioner or drainage board having jurisdiction of

21     such  THE drain.  The commissioner or drainage board shall hold

22    a meeting to hear objections to the petition and to the abandon-

23    ment and vacation of  a  THE drain or part thereof  therein 

24    requested IN THE PETITION, and shall give notice of  such  THE

25    meeting  by posting in 5 public places in the drainage district

26     and by publication in a newspaper of general circulation in the

27     drainage district which posting and publication shall occur at



   06729'98
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 1    least 10 days before the date of such meeting  UNDER SECTION 8.

 2     Private rights of persons acquired by reason of the establish-

 3     ment and construction of such drain or part thereof shall not be

 4     interfered with, or in any way be impaired by such abandonment

 5     and vacation.  If it is determined at such 

 6         (3) IF THE COMMISSIONER OR DRAINAGE BOARD DETERMINES AT THE

 7    meeting that the drain or part thereof should be abandoned and

 8    vacated, the commissioner or drainage board shall issue an order

 9    to that effect.  and file the same with the commissioner of the

10     county or counties involved.  Easements  AN ORDER OF ABANDONMENT

11    SHALL NOT BE MADE UNDER THIS SECTION OR MONEY DISBURSED UNDER

12    SECTION 392 UNLESS ALL DEBTS OF THE DRAIN ARE SATISFIED.  THE

13    COMMISSIONER OR DRAINAGE BOARD MAY LEVY A SPECIAL ASSESSMENT TO

14    SATISFY ANY SUCH DEBT, INCLUDING REIMBURSEMENT TO THE DRAIN

15    REVOLVING FUND, BEFORE AN ORDER IS ENTERED OR DISBURSEMENTS ARE

16    MADE.  SUBJECT TO SUBSECTION (4), EASEMENTS or rights-of-way for

17    the drain or part thereof abandoned and vacated or easements or

18    portions thereof no longer necessary for drainage purposes shall

19    be conveyed or released by the commissioner or drainage board on

20    behalf of the drainage district.  If it be contemplated to con-

21     struct a new drain or part thereof on or near the line of an

22     existing drain or part thereof this may be accomplished without

23     abandonment and vacation of the 

24         (4) THE existing drain or part thereof  and the  NEED NOT BE

25    ABANDONED OR VACATED IF IT IS ANTICIPATED THAT A DRAIN OR PART

26    THEREOF WILL BE CONSTRUCTED OR RELOCATED ON OR NEAR THE LINE OF

27    THE EXISTING DRAIN.  THE easements or rights-of-way of the



   06729'98
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 1    existing drain or part thereof may be used for this purpose.  :

 2     Provided, however, That  HOWEVER, if the contemplated project

 3    materially damages the property owner beyond the existing ease-

 4    ment, or if it materially burdens the existing easement, then the

 5    commissioner or drainage board shall secure an additional ease-

 6    ment for the contemplated project.  It shall not be necessary to

 7     abandon and vacate an  AN existing drain or part thereof made

 8    unnecessary by a new drain or part thereof NEED NOT BE ABANDONED

 9    OR VACATED until the new drain is constructed and ready for

10    service.

11         Sec. 392.  (1)  Whenever any  IF A drain  shall have been 

12    IS declared vacated and abandoned IN ITS ENTIRETY, as provided in

13    section 391,  it shall be the duty of  the DRAIN commissioner

14     to  SHALL serve notice thereof forthwith upon the county trea-

15    surer of the county or counties in which the drainage district,

16    or any portion thereof, is situated.  If there be any money cred-

17    ited to or belonging to the fund of such vacated and abandoned

18    drain,  it shall be the duty of  THE COMMISSIONER OR DRAINAGE

19    BOARD MAY IN ITS DISCRETION PREPARE A REVISED ROLL TO ALLOCATE A

20    PROPORTIONATE REFUND AMOUNT OF ANY SUCH FUND TO ALL THE LANDS

21    THAT WERE ASSESSED FOR THE COSTS OF THE VACATED AND ABANDONED

22    DRAIN.  IF THE COMMISSIONER OR DRAINAGE BOARD PREPARES SUCH A

23    REVISED ROLL, the county treasurer or treasurers  to transfer and

24     pay over the same  SHALL PAY THE REFUND AMOUNT to the treasurer

25    or treasurers of the township or townships in which the drain was

26    located or in which assessments for benefits to be received from





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 1    such drain have been assessed and collected.  :  Provided, That

 2     in all cases where 

 3         (2) IF the amount of  such  THE money  belonging to  IN the

 4    drain fund of  such  THE drain  , in the hands of the county

 5     treasurer, shall be  IS insufficient to permit the refunding and

 6    paying over to such township treasurers all of the  moneys  MONEY

 7    assessed and collected in such townships, the county treasurer

 8    shall prorate the amounts so paid,  and each  LESS ALL COSTS

 9    ASSOCIATED WITH THE ABANDONMENT OF THE DRAIN.  EACH township

10    treasurer  shall be  IS entitled to receive such proportion of

11    the  moneys  MONEY remaining in the fund of the vacated or aban-

12    doned drain as the total amount of the assessments levied and

13    collected in his OR HER township  and becoming a part of such 

14    FOR THE drain fund  shall  bear to all of the  moneys  MONEY

15    assessed and collected and making up  such  THE fund.  In case 

16    IF it is necessary to prorate in  the  THIS manner,  provided, 

17    the county treasurer shall furnish to each township treasurer a

18    statement showing the amount of money in the fund  at the time

19     such  WHEN THE drain was declared vacated and abandoned, and the

20    various amounts assessed and collected for  such  THE DRAIN fund

21    from the different townships entitled to share in the disburse-

22    ment thereof.

23         Sec. 393.  Upon receiving such money, and the accompanying

24    statement, if required to be furnished hereby, the township trea-

25    surer shall give his OR HER receipt therefor to the county

26    treasurer.  He  THE TOWNSHIP TREASURER shall also serve notice

27    upon each person, firm or corporation who, as shown by the



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 1    records of his OR HER office, shall have paid a special  tax 

 2    ASSESSMENT for benefits received or to be received from the con-

 3    struction of such drain, that  such  THE drain has been declared

 4    vacated and abandoned and that the payment  as aforesaid  has

 5    been made to  him  THE TOWNSHIP TREASURER by the county

 6    treasurer.  Similar notice shall also be served upon the township

 7    board and shall be published for 2 successive weeks in  some  A

 8    newspaper published and circulating in  said  THE county.

 9     Thereupon, every  UPON DEMAND, THE TOWNSHIP TREASURER SHALL

10    REIMBURSE such person, firm, or corporation  shall be entitled to

11     demand and receive from said township treasurer  FOR the amount

12    of the special assessment that  such  THE person, firm, or corpo-

13    ration  may have so  paid.  The amount of the special  tax 

14    ASSESSMENT for the construction of  such  THE drain that may have

15    been assessed and collected from the township at large shall be

16    credited to and paid into the contingency fund in the township

17    treasury.  :  Provided, however, That  HOWEVER, if the amount of

18    money paid over to the township treasurer by the county treasurer

19     in the manner aforesaid  is less than the aggregate amount of

20    special assessments levied and collected in such township for the

21    construction of such drain and the  tax  ASSESSMENT levied and

22    collected upon and from the township at large, then the township

23    treasurer shall prorate  the payments  to each such person, firm,

24    or corporation and the amount to be paid into the general fund in

25    the township treasury  ; and each such person, firm or corpora-

26     tion and the contingency fund in the township treasury shall be

27     entitled to receive  such proportion of the amount of the



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 1     special  assessment  or tax  paid thereby as the amount of money

 2    paid to the township treasurer by the county treasurer  shall

 3     bear  BEARS to the total amount of special assessments and taxes

 4    levied and collected in said township and paid into the fund for

 5    the construction of said drain.

 6         Sec. 395.  (1)  The county drain commissioner may relinquish

 7     jurisdiction and control to a township, city or village of any

 8     county drainage district upon which there is no outstanding

 9     indebtedness or contract liability and which is wholly located

10     within the boundaries of a township, city or village, and there-

11     after the county drain commissioner shall be relieved of, and the

12  township, city or village shall assume, the maintenance, juris-

13     diction, control and operation thereof and its future operation

14     shall be financed in the same manner as is provided for special

15     assessment districts within such township, city or village:

16     Provided, That such proceeding shall have first been approved by

17     a majority of the members elect of the county board of supervi-

18     sors and by the resolution of the governing body of the township,

19     city or village in which such drain is located.  Any money which

20     shall be in the drain fund of any such drainage district at the

21     time jurisdiction over it is transferred as provided in this sec-

22     tion shall be distributed in the same manner as is provided in

23     sections 391 to 394, inclusive, of this act in the case of aban-

24     doned or vacated drains.  THE COMMISSIONER, FOR A COUNTY DRAIN,

25    OR THE DRAINAGE BOARD, FOR AN INTERCOUNTY DRAIN, MAY RELINQUISH

26    JURISDICTION OVER ALL OR PART OF A DRAIN TO A COUNTY, TOWNSHIP,

27    CITY, OR VILLAGE IF ALL OF THE FOLLOWING REQUIREMENTS ARE MET:



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 1         (A) THE COUNTY, TOWNSHIP, CITY, OR VILLAGE REQUESTS OR

 2    CONSENTS TO THE RELINQUISHMENT BY RESOLUTION OF ITS GOVERNING

 3    BODY.  IF THE RELINQUISHMENT IS TO A COUNTY, THE RESOLUTION OF

 4    THE COUNTY BOARD OF COMMISSIONERS SHALL SPECIFY THE COUNTY

 5    AGENCY, SUCH AS THE BOARD OF PUBLIC WORKS, COMMISSIONER, BOARD OF

 6    COUNTY ROAD COMMISSIONERS, OR PARKS AND RECREATION COMMISSION,

 7    THAT WILL EXERCISE JURISDICTION OVER THE DRAIN OR PART OF THE

 8    DRAIN.

 9         (B) IF THE RELINQUISHMENT IS TO A TOWNSHIP, CITY, OR VIL-

10    LAGE, THE RELINQUISHMENT IS APPROVED BY RESOLUTION OF A MAJORITY

11    OF THE MEMBERS OF THE COUNTY BOARD OF COMMISSIONERS.

12         (C) THE DRAIN OR PART OF THE DRAIN IS LOCATED WHOLLY WITHIN

13    THE BOUNDARIES OF THE COUNTY, TOWNSHIP, CITY, OR VILLAGE TO WHICH

14    IT IS TO BE RELINQUISHED.

15         (D) THE DRAINAGE DISTRICT HAS NO OUTSTANDING INDEBTEDNESS OR

16    CONTRACT LIABILITY.  INDEBTEDNESS OR CONTRACT LIABILITY THAT WILL

17    BE PAID IN FULL AT THE TIME OF THE RELINQUISHMENT IS NOT CONSID-

18    ERED TO BE OUTSTANDING FOR THE PURPOSES OF THIS SUBDIVISION.

19         (2) UPON RELINQUISHMENT OF JURISDICTION OVER THE DRAIN OR

20    PART OF THE DRAIN, THE COMMISSIONER OR DRAINAGE BOARD IS RELIEVED

21    OF, AND THE COUNTY, TOWNSHIP, CITY, OR VILLAGE SHALL ASSUME,

22    JURISDICTION OVER THE DRAIN OR PART OF THE DRAIN, INCLUDING

23    RESPONSIBILITY FOR THE MAINTENANCE, CONTROL, AND OPERATION OF THE

24    DRAIN OR PART OF THE DRAIN.  EASEMENTS AND RIGHTS OF WAY FOR THE

25    DRAIN OR PART OF THE DRAIN ARE TRANSFERRED TO THE COUNTY, TOWN-

26    SHIP, CITY, OR VILLAGE TO WHICH THE DRAIN OR PART OF THE DRAIN IS





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 1    RELINQUISHED.  IF JURISDICTION OVER THE ENTIRE DRAIN IS

 2    RELINQUISHED, THE DRAINAGE DISTRICT IS DISSOLVED.

 3         (3) ANY MONEY IN THE DRAIN FUND SHALL BE USED TO PAY ANY

 4    INDEBTEDNESS OR CONTRACT LIABILITY OF THE DRAINAGE DISTRICT.  IF

 5    JURISDICTION OVER THE ENTIRE DRAIN IS RELINQUISHED, THE BALANCE

 6    SHALL BE TURNED OVER TO THE COUNTY, TOWNSHIP, CITY, OR VILLAGE

 7    ASSUMING JURISDICTION.  IF JURISDICTION OVER PART OF THE DRAIN IS

 8    BEING RELINQUISHED, THERE SHALL BE TURNED OVER TO THE COUNTY,

 9    TOWNSHIP, CITY, OR VILLAGE ASSUMING JURISDICTION THAT PORTION OF

10    THE BALANCE EQUAL TO THE RATIO OF THE COSTS OF OPERATION AND

11    MAINTENANCE OF THAT PART OF THE DRAIN TO THE COSTS OF OPERATION

12    AND MAINTENANCE OF THE ENTIRE DRAIN.  THE BALANCE TURNED OVER TO

13    A COUNTY, TOWNSHIP, CITY, OR VILLAGE SHALL BE DEPOSITED IN A SEP-

14    ARATE FUND AND SHALL BE USED SOLELY FOR THE DRAIN OR PART OF THE

15    DRAIN OVER WHICH JURISDICTION IS ASSUMED.

16                              CHAPTER 18  . 

17       OBSTRUCTIONS IN DRAINS; SEWAGE; MISCELLANEOUS PROVISIONS  . 

18         Sec. 421.  Whenever any person shall obstruct any estab-

19     lished drain, it shall be the duty of the commissioner to cause

20     such obstruction to be removed.  Any lessening of the area of a

21     drain, which area shall be a cross section of the drain, shall be

22     deemed to be an obstruction.  The person causing such obstruction

23     shall be liable for the expense attendant upon the removal there-

24     of, together with the charges of the commissioner, and the same

25     shall be a lien upon the lands of the party causing or permitting

26     such obstruction, and all of the expense shall by the

27     commissioner be reported to the board of supervisors, together



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 1    with the report of his doings in the premises, and by said board

 2     ordered spread upon the land of the offending party, should the

 3     same remain unpaid:  Provided, That the offending party causing

 4     such obstruction shall be given a notice in writing of at least 5

 5     days to remove such obstruction. 

 6         (1) IF A PERSON CAUSES THE OBSTRUCTION OF A DRAIN, THE COM-

 7    MISSIONER OR DRAINAGE BOARD SHALL PROCEED UNDER SUBSECTION (2),

 8    (3), OR (4).  AN OBSTRUCTION IS ANY LESSENING OF THE

 9    CROSS-SECTION OF A DRAIN INCLUDING, BUT NOT LIMITED TO, THAT

10    RESULTING FROM ANY RAILROAD, BRIDGE, CABLE, PIPELINE, SEWER, CON-

11    DUIT, ROADWAY, CULVERT, OR OTHER STRUCTURE.  OBSTRUCTION DOES NOT

12    INCLUDE CONSTRUCTION OF A STRUCTURE AS APPROVED UNDER SECTION 328

13    OR A FILTER STRIP.

14         (2) BY FIRST-CLASS MAIL OR PERSONAL SERVICE, THE COMMIS-

15    SIONER OR DRAINAGE BOARD SHALL GIVE THE PERSON CAUSING THE

16    OBSTRUCTION A WRITTEN NOTICE TO REMOVE OR MODIFY THE

17    OBSTRUCTION.  BEGINNING 21 DAYS AFTER THE NOTICE IS DELIVERED TO

18    THE PERSON, IF THE PERSON HAS NOT SO REMOVED OR MODIFIED THE

19    OBSTRUCTION OR MADE ARRANGEMENTS SATISFACTORY TO THE COMMISSIONER

20    OR DRAINAGE BOARD FOR REMOVAL OR MODIFICATION OF THE OBSTRUCTION,

21    THE COMMISSIONER OR DRAINAGE BOARD MAY CAUSE THE OBSTRUCTION TO

22    BE REMOVED OR MODIFIED.

23         (3) THE COMMISSIONER OR DRAINAGE BOARD MAY BRING AN ACTION

24    IN THE CIRCUIT COURT OF THE COUNTY IN WHICH THE OBSTRUCTION IS

25    LOCATED TO COMPEL THE PERSON TO REMOVE OR MODIFY THE

26    OBSTRUCTION.





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 1         (4) IF, IN THE OPINION OF THE COMMISSIONER OR DRAINAGE

 2    BOARD, THE OBSTRUCTION CREATES AN EMERGENCY CONDITION THAT

 3    ENDANGERS THE PUBLIC HEALTH, SAFETY, CONVENIENCE, OR WELFARE OR

 4    CROPS OR OTHER PROPERTY, THE COMMISSIONER OR DRAINAGE BOARD,

 5    AFTER GIVING REASONABLE NOTICE TO THE PERSON CAUSING THE OBSTRUC-

 6    TION, MAY REMOVE OR MODIFY THE OBSTRUCTION.  THE NOTICE SHALL

 7    SPECIFY THE REASONS FOR THE ACTION.

 8         (5) THE PERSON CAUSING THE OBSTRUCTION IS LIABLE TO THE COM-

 9    MISSIONER OR DRAINAGE BOARD FOR THE EXPENSE OF REMOVAL OR MODIFI-

10    CATION OF THE OBSTRUCTION UNDER SUBSECTION (2) OR (4).  IF THE

11    PERSON DOES NOT PAY THE COMMISSIONER OR DRAINAGE BOARD THE FULL

12    AMOUNT OF THE EXPENSE WITHIN 30 DAYS AFTER BEING BILLED FOR THE

13    AMOUNT, THE COMMISSIONER OR DRAINAGE BOARD SHALL REPORT THE

14    UNPAID PORTION OF THE EXPENSE TO THE COUNTY BOARD OF COMMISSION-

15    ERS, TOGETHER WITH A REPORT OF THE WORK PERFORMED.  THE COUNTY

16    BOARD OF COMMISSIONERS MAY CERTIFY THE UNPAID AMOUNT OF THE

17    EXPENSE TO THE PROPER TAX COLLECTING OFFICER TO BE ENTERED IN A

18    SEPARATE COLUMN ON THE NEXT TAX ROLL AGAINST THOSE PARCELS OF

19    LAND OF THE PERSON CAUSING OR PERMITTING THE OBSTRUCTION THAT ARE

20    LOCATED IN WHOLE OR PART WITHIN THE DRAINAGE DISTRICT OR ARE

21    TRAVERSED BY THE DRAIN.  IF THE COUNTY BOARD OF COMMISSIONERS SO

22    CERTIFIES THE UNPAID AMOUNT OF THE EXPENSE, ALL OF THE FOLLOWING

23    APPLY:

24         (A) THE UNPAID AMOUNT SHALL ACCRUE SIMPLE INTEREST AT THE

25    SAME RATE AS CHARGED BY THE DEPARTMENT OF TREASURY ON DELINQUENT

26    STATE TAXES.





   06729'98
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 1         (B) THERE IS A LIEN UPON THOSE PARCELS FOR THE TOTAL UNPAID

 2    AMOUNT OF THE EXPENSE.

 3         (C) THE TOTAL UNPAID AMOUNT OF THE EXPENSE MAY BE COLLECTED

 4    IN THE SAME MANNER AS AD VALOREM PROPERTY TAXES UNDER THE GENERAL

 5    PROPERTY TAX ACT, 1893 PA 206, MCL 211.1 TO 211.157.  HOWEVER, A

 6    PARCEL IS NOT SUBJECT TO SALE UNDER SECTION 60 OF THE GENERAL

 7    PROPERTY TAX ACT, 1893 PA 206, MCL 211.60, FOR NONPAYMENT OF THE

 8    EXPENSE UNLESS THE PARCEL IS ALSO SUBJECT TO SALE FOR DELINQUENT

 9    PROPERTY TAXES.

10         (D) UPON PAYMENT OF THE TOTAL AMOUNT DUE, THE LIEN IS DIS-

11    CHARGED AND, IF THE COMMISSIONER OR DRAINAGE BOARD HAS RECORDED

12    THE LIEN, THE COMMISSIONER OR DRAINAGE BOARD SHALL FILE A CERTIF-

13    ICATE OF DISCHARGE OF THE LIEN.

14         (6) THE REMOVAL OR MODIFICATION OF THE OBSTRUCTION SHALL NOT

15    BE CONSIDERED AN ELEMENT OF DAMAGES IN PROCEEDINGS TO MAINTAIN OR

16    IMPROVE A DRAIN.

17         (7) This  provision as to obstruction of any drain shall 

18    SECTION DOES not apply  where  IF the obstruction was caused by

19    natural causes.  , but  HOWEVER, the owner of  the stock who

20     shall permit his horses, cattle, pigs and other stock  LIVESTOCK

21    PERMITTED to obstruct any drain  by tramping in it shall be

22     deemed  IS CONSIDERED to be the party causing such obstruction.

23     Nothing contained in this section shall in any way impede or bar

24     the right of any person to make criminal complaint under any

25     existing law for any obstruction of a drain. 

26         (8) THIS SECTION DOES NOT IMPEDE OR BAR THE RIGHT OF THE

27    COMMISSIONER, DRAINAGE BOARD, OR ANY OTHER PERSON TO SEEK RELIEF



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 1    UNDER ANY OTHER PERTINENT PROVISIONS OF THIS ACT INCLUDING BUT

 2    NOT LIMITED TO CIVIL OR CRIMINAL REMEDIES.

 3         Sec. 422.  (1)  Railroad or railway companies, telephone,

 4     telegraph, or pipeline companies and other utilities shall not

 5     obstruct established drains, nor shall they lessen the area of

 6     any drain through their track bed or right of way.  The area

 7     herein referred to is a cross section of the drain.  In case any

 8     such company or utility, without legal right, has constructed or

 9     shall construct any bridge, culvert, pipeline or conduit over any

10     established drain whereby the area aforesaid is decreased, the

11     removal of such bridge, culvert, pipeline or conduit shall not be

12     deemed an element of damage in proceedings to deepen and widen

13     such drain through such track bed or right of way.  In case it is

14     proposed to construct a pipeline, sewer or conduit within, over

15     or across any county, such construction shall be of a nature and

16     laid at such a depth at the point of crossing of any established

17     public drain as will not interfere with said established public

18     drain.  The consent of the county drain commissioner or board of

19     public works of any municipality shall be obtained before the

20     work of such construction is commenced and such drain commis-

21     sioner is hereby authorized to grant such consent upon such terms

22     and conditions as may be reasonable and proper under the circum-

23     stances then existing.  In case any railroad or railway company,

24     telephone, telegraph or pipeline company or other utilities shall

25     obstruct any established drain, or has constructed or shall con-

26     struct any bridge, culvert, pipeline or conduit, sewer or other

27     structure over, under or through any established drain, leaving



   06729'98
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 1    less capacity to the drain than such drain is legally entitled

 2     to, in accordance with the rights for such drain as established

 3     by proper drain proceedings or as established by other legal

 4     methods prior to the date of construction of any such obstruc-

 5     tion, the county drain commissioner or the board of public works,

 6     as the case may be, may, by mandamus proceedings in the circuit

 7     court of the county in which such obstruction shall occur, compel

 8     the removal of such obstruction.  If necessary, issues of fact

 9     may be framed in such proceedings.  In case the court shall find

10     such drain to have been obstructed, it shall issue a preemptory

11     mandamus compelling such company to remove such obstruction.  The

12     court may award costs in its discretion as in other mandamus

13     proceedings.  The practice herein shall be the same as in other

14     motions for mandamus.  THE COMMISSIONER OR DRAINAGE BOARD,

15    INCLUDING AN AGENT OR EMPLOYEE OF THE COMMISSIONER OR DRAINAGE

16    BOARD, MAY ENTER UPON PROPERTY NOT WITHIN A DRAINAGE DISTRICT TO

17    REMOVE OR MODIFY AN OBSTRUCTION IN A NATURAL WATERCOURSE THAT

18    SERVES AS AN OUTLET FOR A COUNTY OR INTERCOUNTY DRAIN BUT THAT IS

19    NOT ITSELF A DRAIN.  THE ENTRY SHALL BE MADE PURSUANT TO A WRIT-

20    TEN AGREEMENT WITH THE LANDOWNER.  THE AGREEMENT SHALL SPECIFY

21    THAT THE COMMISSIONER OR DRAINAGE BOARD SHALL RESTORE THE PROP-

22    ERTY TO SUBSTANTIALLY THE SAME CONDITION AS BEFORE THE ENTRY OR

23    SHALL SPECIFY THAT THE COMMISSIONER OR DRAINAGE BOARD SHALL MAKE

24    RESTITUTION FOR ACTUAL DAMAGE RESULTING FROM THE ENTRY.  THE

25    ENTRY SHALL BE MADE UPON REASONABLE NOTICE TO THE LANDOWNER AND

26    AT A REASONABLE HOUR.  THE LANDOWNER OR HIS OR HER REPRESENTATIVE

27    SHALL BE GIVEN A REASONABLE OPPORTUNITY TO ACCOMPANY THE



   06729'98
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 1    COMMISSIONER OR DRAINAGE BOARD OR THEIR AGENTS OR EMPLOYEES

 2    DURING THE ENTRY UPON THE PROPERTY.

 3         (2) IF ENTRY UNDER SUBSECTION (1) HAS BEEN DENIED, THE COM-

 4    MISSIONER OR DRAINAGE BOARD MAY COMMENCE A CIVIL ACTION IN THE

 5    CIRCUIT COURT IN THE COUNTY IN WHICH THE PROPERTY OR ANY PART OF

 6    THE PROPERTY IS LOCATED FOR AN ORDER PERMITTING ENTRY.  THE COM-

 7    PLAINT SHALL STATE THE FACTS MAKING THE ENTRY NECESSARY, THE DATE

 8    ON WHICH ENTRY IS SOUGHT, AND THE DURATION AND THE METHOD PRO-

 9    POSED FOR PROTECTING THE DEFENDANT AGAINST DAMAGE.  THE COURT MAY

10    GRANT A LIMITED LICENSE FOR ENTRY UPON SUCH TERMS AS JUSTICE AND

11    EQUITY REQUIRE, INCLUDING THE FOLLOWING:

12         (A) A DESCRIPTION OF THE PURPOSE OF THE ENTRY.

13         (B) THE SCOPE OF ACTIVITIES THAT ARE PERMITTED.

14         (C) THE TERMS AND CONDITIONS OF THE ENTRY WITH RESPECT TO

15    THE TIME, PLACE, AND MANNER OF THE ENTRY.

16         (3) AN ENTRY MADE PURSUANT TO THIS SECTION SHALL BE MADE IN

17    A MANNER THAT MINIMIZES ANY DAMAGE TO THE PROPERTY AND ANY HARD-

18    SHIP, BURDEN, OR DAMAGE TO A PERSON IN LAWFUL POSSESSION OF THE

19    PROPERTY.

20         (4) THE REMOVAL OR MODIFICATION OF AN OBSTRUCTION UNDER THIS

21    SECTION IS SUBJECT TO THE EXPENDITURE LIMITS AND OTHER PROCEDURES

22    FOR NECESSARY MAINTENANCE OR REPAIR OF A DRAIN UNDER CHAPTER 8.

23    IN ADDITION, THE COMMISSIONER OR DRAINAGE BOARD SHALL OBTAIN ANY

24    PERMITS FOR THE REMOVAL OR MODIFICATION REQUIRED UNDER STATE OR

25    FEDERAL LAW.

26         Sec. 423.  (1) A person shall not continue to discharge or

27    permit to be discharged into any county drain or intercounty



   06729'98
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 1    drain of  the  THIS state FROM A POINT SOURCE OR NONPOINT SOURCE

 2    any sewage,  or  waste, OR OTHER matter capable of producing in

 3    the drain detrimental deposits, objectionable odor nuisance,

 4    injury to drainage conduits or OTHER structures, or capable of

 5    producing such pollution of the waters of the state receiving the

 6    flow from the  drains  DRAIN as to injure livestock, destroy fish

 7    life, DEGRADE WATER QUALITY, or be injurious to public health.

 8    This section does not prohibit the conveyance of sewage or other

 9    waste through drains or sewers that will not produce these inju-

10    ries and that comply with section 3112  of part 31 (water

11     resources protection)  of the natural resources and environmental

12    protection act,  Act No. 451 of the Public Acts of 1994, being

13     section 324.3112 of the Michigan Compiled Laws  1994 PA 451,

14    MCL 324.3112.

15         (2) Disposal plants, filtration beds, and other mechanical

16    devices to properly purify the flow of  any  A drain may be con-

17    structed as a part of  any established  THE drain.  , and the 

18    THE cost of construction OF SUCH PURIFICATION FACILITIES shall be

19    paid for in the same manner as provided for in this act for other

20    drainage costs.  Plants, beds, or devices  THE PURIFICATION

21    FACILITIES may be described in the petition  for the location,

22     establishment and construction of drains or in the petition for

23     the cleaning, widening, deepening, straightening, or extending of

24     drains, or in the application for the laying out of a drainage

25     district  TO ESTABLISH A DRAINAGE DISTRICT AND ESTABLISH AND CON-

26    STRUCT A DRAIN OR TO MAINTAIN OR IMPROVE A DRAIN.  Petitions for

27    the construction of  plants, beds, and devices  THE PURIFICATION



   06729'98
                                  146

 1    FACILITIES for use on any established drain may be filed by the

 2    same persons and shall be received and all proceedings on the

 3    petitions SHALL BE HELD in the same manner as  other petitions 

 4    for any drainage construction under this act.

 5         (3) If the department of environmental quality determines

 6    that sewage or wastes carried by any county or intercounty drain

 7    constitutes unlawful discharge as prescribed by section 3109 or

 8    3112  of part 31  of  Act No. 451 of the Public Acts of 1994,

 9     being sections 324.3109 and 324.3112 of the Michigan Compiled

10     Laws  THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT,

11    1994 PA 451, MCL 324.3109 AND 324.3112, that 1 or more users of

12    the drain are responsible for the discharge of sewage or other

13    wastes into the drain, and that the cleaning out of the drain or

14    the construction of disposal plants, filtration beds, or other

15    mechanical devices to purify the flow of the drain is necessary,

16    the department of environmental quality may issue to the  drain 

17    commissioner, FOR A COUNTY DRAIN, OR DRAINAGE BOARD, FOR AN

18    INTERCOUNTY DRAIN, an order of determination identifying such

19    users and pollutants, under section 3112 of  Act No. 451 of the

20     Public Acts of 1994, being section 324.3112 of the Michigan

21     Compiled Laws  THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION

22    ACT, 1994 PA 451, MCL 324.3112.  The order of determination con-

23    stitutes a petition  calling  for the construction of  disposal 

24    PURIFICATION facilities or other appropriate measures by which

25    the unlawful discharge may be abated or purified.  The order of

26    determination serving as a petition is in lieu of the

27     determination  ORDER of necessity  by a drainage board pursuant



   06729'98
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 1    to chapter 20 or 21 or section 122 or 192 or a determination of

 2     necessity by a board of determination pursuant to section 72 or

 3     191, whichever is applicable  UNDER CHAPTER 3.  A copy of the

 4    findings of the department shall be attached to the order of

 5    determination.  which  THE ORDER OF DETERMINATION shall require

 6     no other  THE signature  than that  of the director of the

 7    department of environmental quality ONLY.

 8         (4) Upon receipt of the order of determination, the  drain 

 9    commissioner or the drainage board shall proceed as provided in

10    this act to  locate, establish,  ESTABLISH and construct a

11    drain.  If the responsible users of the drain are determined to

12    be  public corporations  MUNICIPALITIES in the drainage district,

13    the  drain  commissioner or the drainage board shall proceed as

14    provided in  chapters 20 and 21, as may be appropriate 

15    CHAPTER 3, using the order of determination as the final order of

16    determination of the drainage board.  If the responsible users

17    are determined to be private persons, the  drain  commissioner OR

18    DRAINAGE BOARD shall proceed as provided in  chapters 8 and 9 

19    CHAPTER 8, using the order of determination as the first order of

20    determination.

21         (5)  (4)  Plans and specifications for the construction OF

22    PURIFICATION FACILITIES as part of a drain  of any disposal

23     plant, filtration bed, or other mechanical device to properly

24     purify the flow of the drain  shall be prepared by the  drain 

25    commissioner or the drainage board.  Contracts for construction

26    shall be let in the manner provided in this act.  To meet  THE

27    COMMISSIONER OR DRAINAGE BOARD SHALL APPORTION the cost of any



   06729'98
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 1    preliminary engineering studies for the construction of

 2     abatement or  purification facilities  , the drain commissioner

 3     or the drainage board shall apportion the cost among the several

 4     parcels of land, highways, and municipalities benefited thereby

 5     in the same manner as provided in chapter 7 or against the public

 6     corporations affected by the order of determination in the same

 7     manner as provided in chapters 20 and 21  IN THE SAME MANNER AS

 8    PROVIDED IN CHAPTER 7, AS APPLICABLE.  The costs and charges for

 9    maintenance shall be apportioned and assessed each year.  If the

10    apportionment is the same as the last recorded apportionment, a

11    day of review or a hearing on apportionments is not necessary,

12    but if the apportionment is changed, notice of a day of review or

13    a hearing on apportionments shall be given to each person whose

14    percentage is raised.

15         (6)  (5)  Land may be acquired as a site for the construc-

16    tion of such  plants, beds, and devices, and releases of land may

17     be obtained in the same manner as provided in this act for other

18     lands acquired for right of way  PURIFICATION FACILITIES UNDER

19    SECTION 7.

20         (7)  (6)  A person shall not connect  sewage or other waste 

21    to a county or intercounty drain, OR TO A DRAIN UNDER THE JURIS-

22    DICTION OF THE STATE TRANSPORTATION DEPARTMENT OR BOARD OF COUNTY

23    ROAD COMMISSIONERS THAT CONNECTS TO A COUNTY OR INTERCOUNTY

24    DRAIN, except with the written approval of the appropriate com-

25    missioner or the drainage board  indorsed  ENDORSED upon a writ-

26    ten application for such service and the payment of a service

27    fee.  of  THE SERVICE FEE SHALL not  to  exceed $50.00 for each



   06729'98
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 1    connection.  to a covered drain.  The application shall include

 2    information showing that all other local, state, and federal

 3    approvals related to the sewage or waste have been obtained.

 4         (8)  (7)  The fee provided for in subsection  (6)  (7) shall

 5    be set and collected by the  drain  commissioner, as approved by

 6    the county board of commissioners or the drainage board, and

 7    deposited with the county treasurer, to be credited to the drain

 8    fund set up for the maintenance or construction of the drain.

 9    The commissioner or the drainage board shall keep a record of

10    applications made and the action on the applications.  The com-

11    missioner or the drainage board may reject applications for or

12    require such modification in requested applications for  sewer 

13    connections to county drains as necessary to attain the objec-

14    tives set forth in this section.

15         (9)  (8)  Subject to the review and approval of the depart-

16    ment of environmental quality, the  drain  commissioner or drain-

17    age board may study the  requirements of persons  NEED for flood

18    control or  drainage  POLLUTION CONTROL projects  including  FOR

19    THE PROTECTION OF THE PUBLIC HEALTH, SAFETY, AND WELFARE.  SUCH

20    PROJECTS MAY INCLUDE sewage disposal systems, storm sewers, sani-

21    tary sewers, combined sanitary and storm sewers, sewage treatment

22    plants,  and all  OR other plants, works, instrumentalities, and

23    properties useful  in connection with  FOR the collection, treat-

24    ment,  and  OR disposal of sewage and industrial wastes or agri-

25    cultural wastes or run-off.  , to abate pollution or decrease the

26     danger of flooding.  The objective of such studies shall be that

27     sewers, drains, and sewage disposal facilities are made available



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 1    to persons situated within the territorial limits of any drainage

 2     district or proposed drainage district as necessary for the pro-

 3     tection of public health and the promotion of the general

 4     welfare. 

 5         (10)  (9)  The drainage board or  drain  commissioner may

 6    cooperate, negotiate, and enter into contracts with  other gov-

 7     ernmental units and agencies or with any public or private corpo-

 8     ration including the United States of America, and to take such

 9     steps and perform such acts and execute such documents as may be

10     necessary to take advantage of any act of the congress of the

11     United States which may make available funds  A PRIVATE CORPORA-

12    TION, A MUNICIPALITY, THIS STATE, THE FEDERAL GOVERNMENT, OR AN

13    AGENCY OF ANY OF THESE MAY OBTAIN FUNDS AVAILABLE UNDER FEDERAL

14    LAW for any of the purposes described in this section.

15         (11)  (10)  Failure to comply with any of the provisions of

16    this section subjects the offender to the penalties described in

17    section 602.  However, for each offense, a person who violates

18    subsection  (6)  (7) is guilty of a misdemeanor punishable by a

19    fine of not more than $25,000.00 or imprisonment for not more

20    than  90  93 days, or both.  In addition, the person may be

21    required to pay the costs of prosecution and the costs of any

22    emergency abatement measures taken to protect public health or

23    the environment.  Payment of a fine or costs under this subsec-

24    tion does not relieve a person of liability for damage to natural

25    resources or for response activity costs under the natural

26    resources and environmental protection act,  Act No. 451 of the





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 1    Public Acts of 1994, being sections 324.101 to 324.90106 of the

 2     Michigan Compiled Laws  1994 PA 451, MCL 324.101 TO 324.90106.

 3          (11) As used in this section, "person" means an individual,

 4     partnership, public or private corporation, association, govern-

 5     mental entity, or other legal entity. 

 6         (12) IF A COMMISSIONER HAS REASON TO BELIEVE THAT A PERSON

 7    IS VIOLATING SUBSECTION (7) WITHIN THE COMMISSIONER'S COUNTY, THE

 8    COMMISSIONER SHALL PROMPTLY REPORT THE VIOLATION TO THE DEPART-

 9    MENT OF ENVIRONMENTAL QUALITY, THE COUNTY HEALTH DEPARTMENT, AND

10    THE COUNTY PROSECUTING ATTORNEY.

11         Sec. 425.  (1)  A landowner in the  ONE OR MORE LANDOWNERS

12    IN A drainage district whose land requires additional drainage

13    may  petition  MAKE A WRITTEN REQUEST TO the DRAIN commissioner

14    OR DRAINAGE BOARD for permission to construct an open or closed

15    drain, or a combination thereof, to a regularly established

16    drain, and permission shall be granted by the commissioner or

17    drainage board  when  IF, in  their opinion  THE OPINION OF THE

18    COMMISSIONER OR THE DRAINAGE BOARD,  the nature of  the ground to

19    be crossed  will admit thereof  IS SUITABLE FOR A DRAIN and the

20    surface of the land can be restored.  and for  FOR that purpose

21    the drain may traverse the lands of other  freeholders 

22    LANDOWNERS in the district.  Before permission may be granted by

23    the DRAIN commissioner OR DRAINAGE BOARD, consent in writing by

24    the owner or owners of the lands to be traversed by the proposed

25    drain shall be obtained.  THE LANDOWNER OR LANDOWNERS GRANTED

26    PERMISSION TO CONSTRUCT THE DRAIN SHALL OBTAIN ANY PERMITS

27    REQUIRED UNDER THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION



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 1    ACT, 1994 PA 451, MCL 324.101 TO 324.90106, OR ANY OTHER STATE OR

 2    FEDERAL LAW.

 3         (2) If permission TO CONSTRUCT THE DRAIN ACROSS ADJOINING

 4    PROPERTIES is refused by the owner or owners,  of the lands to be

 5     traversed by the proposed drain,  the drain may be established

 6     by following the provisions of this act governing the location,

 7     establishment, and construction of county or intercounty drainage

 8     districts and drains therein.  AS OTHERWISE PROVIDED IN THIS ACT,

 9    SUBJECT TO BOTH OF THE FOLLOWING:

10         (A) The entire expense  thereof  TO DESIGN AND CONSTRUCT A

11    DRAIN UNDER THIS SECTION shall be borne by the  petitioner, and

12     the construction of an open or closed drain or combination

13     thereof shall be done at a time and in a manner as the commis-

14     sioner or drainage board shall prescribe.  When drains are con-

15     structed, the drain entrance shall be substantially protected

16     from driftwood and debris.  An application to lay out and desig-

17     nate a drainage district or petition to locate, establish, and

18     construct a drain under the foregoing provisions of this section

19     shall only require the signature of the petitioning landowner or

20     owners, other provisions of this act notwithstanding.  If permis-

21     sion is granted to tile the source of a drain, the commissioner

22     shall further prescribe the amount and part of the drain to be

23     tiled and the manner of tiling.  PETITIONERS.

24         (B) THE COMMISSIONER OR DRAINAGE BOARD SHALL PRESCRIBE THE

25    NATURE AND TYPE OF CONSTRUCTION OF THE DRAIN AND THE TIME AT

26    WHICH THE DRAIN SHALL BE CONSTRUCTED BY THE PETITIONERS.





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 1         (3) NOT MORE THAN 56 DAYS AFTER THE COMMENCEMENT OF

 2    CONSTRUCTION OF A DRAIN TO A REGULARLY ESTABLISHED DRAIN UNDER

 3    SUBSECTION (1) OR (2), THE DRAIN COMMISSIONER OR DRAINAGE BOARD

 4    SHALL CONDUCT A HEARING FOR REAPPORTIONMENT OF BENEFITS FOR THE

 5    REGULARLY ESTABLISHED DRAIN AS IF A PETITION FOR REAPPORTIONMENT

 6    HAD BEEN FILED UNDER SECTION 163.  THE DRAIN COMMISSIONER OR

 7    DRAINAGE BOARD SHALL REAPPORTION BENEFITS TAKING ACCOUNT OF THE

 8    INCREASED FLOW TO THE REGULARLY ESTABLISHED DRAIN FROM THE DRAIN

 9    CONSTRUCTED UNDER SUBSECTION (1), AMONG OTHER RELEVANT FACTORS.

10         (4) THE DRAIN COMMISSIONER OR DRAINAGE BOARD SHALL CHARGE A

11    PERSON WHO CONSTRUCTS A DRAIN UNDER SUBSECTION (1) OR (2) AN

12    ANNUAL MAINTENANCE FEE BASED ON THE INCREASED FLOW OF WATER TO

13    THE REGULARLY ESTABLISHED DRAIN.  THE FEE SHALL BE DEPOSITED IN

14    THE DRAIN FUND OF THE DRAINAGE DISTRICT.

15         (5) A person through whose land an open drain has been

16     established and  constructed UNDER THIS ACT may make a written

17    request to the  county drain  commissioner OR DRAINAGE BOARD to

18    be permitted, at  his own expense, to tile and cover with earth

19     the whole or a part thereof that may traverse his land, and the 

20    NO EXPENSE TO THE DISTRICT, TO ENCLOSE THAT PART OF THE DRAIN

21    THAT TRAVERSES HIS OR HER LAND.  THE commissioner may grant the

22    request SUBJECT TO RECEIPT OF A NEW EASEMENT, but in doing so

23     he  shall prescribe the size of  the  tile AND TYPE OF

24    CONSTRUCTION to be used.  THE COMMISSIONER OR DRAINAGE BOARD MAY

25    REQUIRE A DEPOSIT OR BOND TO GUARANTEE CONSTRUCTION. A permit

26    shall not be issued to  tile or crock an established drain that 

27    ENCLOSE ANY PORTION OF A COUNTY OR INTERCOUNTY DRAIN IF THE



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 1    ENCLOSURE will decrease the  area  DESIGN CAPACITY of the drain

 2    as LAST established.

 3         Sec. 429.  Subject  A COMMISSIONER, SUBJECT to the  consent

 4     and  approval of the  several boards of supervisors of this state

 5     and the  COUNTY BOARD OF COMMISSIONERS, OR THE DRAINAGE BOARD OF

 6    AN INTERCOUNTY DRAINAGE DISTRICT, SUBJECT TO THE APPROVAL OF THE

 7    COUNTY boards of  supervisors  COMMISSIONERS of the counties com-

 8    prising THE intercounty drainage  districts, the several county

 9     drain commissioners and the drainage boards of intercounty drain-

10     age districts are hereby authorized to grant unto  DISTRICT, MAY

11    GRANT TO the United States  of America  the right to use all the

12    easements and rights-of-way conveyed to  their respective drain-

13     age districts  THE DRAINAGE DISTRICT or to any county or counties

14    lying wholly or in part in  such districts  THE DRAINAGE

15    DISTRICT, for the construction and maintenance of  any  A county

16    or intercounty drain by the United States in connection with any

17    flood control project undertaken by the United States,  acting

18     through its war department or any other federal department or

19     agency  INCLUDING ANY AGENCY OF THE UNITED STATES.  In such

20     cases in which  IF the work is to be performed at the expense of

21    the United States, it  shall not be  IS NOT necessary for the

22     drain  commissioner or drainage board to advertise for bids or

23    to let contracts for the construction or maintenance of  any

24     such  THE flood control project.

25         Sec. 430.  (1)  Whenever any  IF A county or intercounty

26    drain is used for the transportation of sanitary sewage, the

27    county or counties within whose boundaries the drainage district



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 1    lies may contract under  the provisions of Act No. 129 of the

 2     Public Acts of 1943, as amended, being sections 123.231 to

 3     123.235 of the Compiled Laws of 1948,  1943 PA 129, MCL 123.231

 4    TO 123.236, or any other applicable act, for the disposal of

 5    sewage therefrom, including any storm water necessarily mixed

 6    therewith.  In such case  IF SUCH A CONTRACT IS ENTERED INTO,

 7    the  drain  commissioner or the drainage board may fix and col-

 8    lect charges to cover the cost of the treatment and disposal of

 9    sanitary sewage.  Such  THE charges shall be approved by the

10    majority vote of the members-elect of the COUNTY board of

11     supervisors  COMMISSIONERS.  The charges may be made to each

12    user of the services or may be made to  public corporations 

13    MUNICIPALITIES.  Contracts for periods not exceeding 50 years may

14    be made between the county and  public corporations 

15    MUNICIPALITIES to be so served, in respect to sewage disposal

16    services, when approved by the governing bodies of the several

17    parties thereto.

18         (2) Charges for sewage disposal services furnished to  any 

19    A premises shall be a lien  thereon  ON THE PREMISES from the

20    date  such  THE charges are due.  and any charges  CHARGES delin-

21    quent for 6 months or more shall be certified annually to the

22    proper tax assessing officer or agency who shall enter the  same 

23    CHARGES upon the next tax roll against the premises to which

24     such  THE services  shall have been rendered, and the  WERE

25    RENDERED.  THE charges shall be collected and the lien shall be

26    enforced in the same manner as provided for the collection of

27    taxes assessed upon  such  THE roll and the enforcement of the



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 1    TAX lien.  therefor.  The time and manner of certification and

 2    the other details in respect to the collection of  such  THE

 3    charges and the enforcement of  such  THE lien shall be pre-

 4    scribed by the governing body of the  public corporation 

 5    MUNICIPALITY in which the lands are located.  The payment of

 6    charges for sewage disposal services to any premises may be

 7    enforced by discontinuing either the water service or the sewage

 8    disposal service to  such  THE premises, or both.

 9         (3) The charges for sewage disposal services may also

10    include the cost of the operation and maintenance of any physical

11    structures and any administrative expenses in connection with the

12    transportation, treatment, and disposal of sanitary sewage.

13         Sec. 431.  (1)  The drain commissioner or drainage board may

14     contract or make agreements with the federal government, includ-

15     ing any agency thereof, whereby the federal government will pay

16     the whole or any part of the cost of the project or will perform

17     the whole or any part of the work connected therewith, which con-

18     tract or agreement  THE COMMISSIONER OR DRAINAGE BOARD MAY CON-

19    TRACT WITH THE FEDERAL GOVERNMENT OR ANY OTHER PERSON WITH

20    RESPECT TO THE ESTABLISHMENT, CONSTRUCTION, OPERATION, IMPROVE-

21    MENT, MAINTENANCE, USE, OR SERVICES OF ANY DRAIN, OR THE PAYMENT

22    OF THE COST FOR ANY DRAIN.  A CONTRACT OR AGREEMENT WITH THE FED-

23    ERAL GOVERNMENT may include any specific terms required by act of

24    congress or federal regulation, not in conflict with state law,

25    as a condition for participation on the part of the federal

26    government.  The drain commissioner or drainage board may

27     contract or make agreements with any private corporation or with



   06729'98
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 1    any public corporation, including any agency thereof, in respect

 2     to any matter connected with the construction, operation or main-

 3     tenance of any flood control or drainage project or combination

 4     thereof.  The contract or agreement may provide that any payments

 5    made or work done by  the public corporation  A MUNICIPALITY

 6    shall relieve it in whole or in part from assessment for the cost

 7    of the project.  No construction 

 8         (2) CONSTRUCTION work shall NOT be undertaken by the  drain 

 9    commissioner or drainage board until bids have been advertised

10    for and received for the performance of  such  THE work, but this

11     provision shall  REQUIREMENT DOES not apply to work to be per-

12    formed solely by the federal government or a  public corporation 

13    MUNICIPALITY at its expense.

14         (3) The  drain  commissioner or drainage board may  contract

15     or make agreements with private and public corporations and with

16     the federal government including any agency thereof  COOPERATE,

17    CONTRACT, OR MAKE AGREEMENTS WITH THE FEDERAL GOVERNMENT OR ANY

18    OTHER PERSON for the purpose of expanding any flood control or

19    drainage project or combination thereof to include the conserva-

20    tion and utilization of soil and water for recreation and other

21    beneficial purposes.  The contracts or agreements shall provide

22    for an equitable sharing of the costs of the expanded flood con-

23    trol or drainage project or combination thereof and the cost

24    borne by a drainage district shall not be in excess of the amount

25    which can be attributed solely to drainage and flood control.

26     The drain commissioner or drainage board, may acquire by gift or

27     purchase the necessary lands, and rights of way for the purposes



   06729'98
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 1    of any expanded flood control or drainage project or combination

 2     thereof.  The drain commissioner or drainage board may acquire by

 3     condemnation proceedings similar to those provided in chapter 4

 4     and chapter 6 of this act, the necessary lands and rights of way

 5     for any expanded flood control or drainage project or combination

 6     thereof which shall be undertaken jointly with a public corpora-

 7     tion or the federal government.  The  drain  commissioner or

 8    drainage board may pay for the costs of  lands taken by

 9     condemnation  ACQUIRING PROPERTY for an expanded flood control or

10    drainage project or combination thereof, undertaken jointly with

11    a  public corporation  MUNICIPALITY or the federal government,

12    but the  public corporation  MUNICIPALITY or federal government

13    shall promptly reimburse the drainage district for all costs of

14    acquisition in excess of those costs directly attributable to

15    drainage and flood control.

16          The term "public corporation" includes the state, counties,

17     cities, villages, townships, metropolitan districts and authori-

18     ties created by or pursuant to state statutes. 

19                              CHAPTER 23  . 

20                           PENALTIES.  SANCTIONS

21         Sec. 601.  If any  A DRAIN commissioner WHO is interested

22    directly or indirectly in the profits of any contract, job, work

23    or services, other than official services, to be performed for

24    the drainage district  , he is deemed to be  IS guilty of a

25    misdemeanor.  , and the office of such commissioner shall be

26     deemed vacant and the commissioner so convicted shall be

27     incapable of again holding  UPON CONVICTION, HE OR SHE VACATES



   06729'98
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 1    OFFICE AND BECOMES INELIGIBLE TO AGAIN HOLD the office of

 2     county  drain commissioner.

 3         Sec. 602.  If any person shall wilfully  A PERSON WHO

 4    WILLFULLY or maliciously  remove any  REMOVES A section or grade

 5    stake set along the line of  any drain, or obstruct or injure any

 6     drain, he shall be deemed  A DRAIN OR OBSTRUCTS OR DAMAGES A

 7    DRAIN IS guilty of a misdemeanor,  and upon conviction thereof

 8     shall be punished  PUNISHABLE by a fine OF not  exceeding  MORE

 9    THAN $100.00 and  the  costs of prosecution, or in default of the

10    payment  thereof  OF THE FINE, by imprisonment  in the county

11     jail not exceeding 90  FOR NOT MORE THAN 93 days.

12         SEC. 603.  (1) A PERSON WHO WILLFULLY PROHIBITS, PREVENTS,

13    OR OBSTRUCTS THE COMMISSIONER OR DRAINAGE BOARD OR THEIR AGENTS,

14    EMPLOYEES, OR CONTRACTORS FROM DOING EITHER OF THE FOLLOWING IS

15    GUILTY OF A MISDEMEANOR:

16         (A) GOING UPON LAND FOR THE PURPOSE OF EXAMINING THE LAND OR

17    MAKING SURVEYS IN CONNECTION WITH THE WORK OF THE COMMISSIONER OR

18    DRAINAGE BOARD.

19         (B) GOING UPON A RIGHT-OF-WAY OF THE DISTRICT WITH THEIR

20    EMPLOYEES, TOOLS, MACHINERY, INSTRUMENTS, AND OTHER EQUIPMENT FOR

21    THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, REPAIRING, OR MAIN-

22    TAINING THE WORK OF THE COMMISSIONER OR DRAINAGE BOARD.

23         (2) SUBSECTION (1) DOES NOT APPLY UNLESS THE COMMISSIONER

24    HAS GIVEN NOTICE BY FIRST-CLASS MAIL TO THE OWNER OF THE LAND

25    WHOSE NAME APPEARS ON THE LAST CITY OR TOWNSHIP TAX ROLL THAT THE

26    COMMISSIONER OR DRAINAGE BOARD OR THEIR AGENTS, EMPLOYEES, OR





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 1    CONTRACTORS WILL GO UPON THE LAND OR UPON THE RIGHT-OF-WAY TO

 2    WHICH THE LAND IS SUBJECT.

 3         (3) SUBSECTION (2) DOES NOT APPLY IF THE ADDRESS OF THE

 4    OWNER OF THE LAND DOES NOT APPEAR ON THE TAX ROLL.

 5         (4) SUBSECTION (1) SHALL NOT BE CONSTRUED TO INTERFERE WITH

 6    THE LAWFUL EXERCISE OF FREEDOM OF EXPRESSION.

 7                              CHAPTER 24  . 

 8                      REPEALS AND SAVING CLAUSES  . 

 9         Sec. 622.  In cases where the law shall have been  IF THIS

10    ACT IS amended during the progress of any drain proceedings,

11     such  THE proceedings shall not be invalidated by  any such  THE

12    amendment, but may be continued to completion, and each step

13    shall be governed by the law in force at the time  such step was 

14    THE STEP IS taken.  Any drain proceedings pending when  this  AN

15    AMENDATORY act takes effect shall be completed in the manner pre-

16    scribed  in  BY this act AS AMENDED.

17         Sec. 623.  This act shall not impair or affect  NEITHER

18    THIS ACT NOR ANY AMENDMENT TO THIS ACT IMPAIRS OR AFFECTS any act

19    done, offense committed, or right accruing, accrued, or acquired,

20    or liability, penalty, forfeiture, or punishment incurred  prior

21     to the time this act takes  BEFORE THIS ACT OR THE AMENDMENT TOOK

22    effect, but the same may be enjoyed, asserted, enforced,

23    prosecuted, or inflicted, as fully and to the same extent as if

24    this act  had not been passed  OR THE AMENDATORY ACT HAD NOT BEEN

25    ENACTED.







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 1                                CHAPTER 26

 2                            APPEAL AND REVIEW

 3         SEC. 641.  (1) APPEALS TO THE CIRCUIT COURT UNDER THIS CHAP-

 4    TER SHALL BE TRIED DE NOVO.

 5         (2) EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, AN ACTION

 6    INVOLVING AN INTERCOUNTY DRAIN MAY BE BROUGHT IN THE CIRCUIT

 7    COURT OF A COUNTY IN WHICH A PART OF THE INTERCOUNTY DRAINAGE

 8    DISTRICT IS ESTABLISHED.  THIS SECTION IS SUBJECT TO THE MICHIGAN

 9    RULES OF COURT.

10         (3) IF PROCEEDINGS ARE INITIATED UNDER THIS CHAPTER, THE

11    COMMISSIONER OR DRAINAGE BOARD SHALL PROMPTLY REQUEST THE CERTI-

12    FIED COURT REPORT, STENOMASK REPORTER, OR COURT RECORDER WHO KEPT

13    A VERBATIM RECORD OF ANY RELEVANT HEARING UNDER THIS ACT TO FUR-

14    NISH A TRANSCRIPT OF THE HEARING TO THE COURT IN WHICH PROCEED-

15    INGS UNDER THIS CHAPTER ARE INITIATED.  UPON REQUEST OF THE COM-

16    MISSIONER OR DRAINAGE BOARD, THE REPORTER OR RECORDER SHALL

17    PROMPTLY FURNISH THE TRANSCRIPT.

18         SEC. 642.  A PERSON AGGRIEVED BY A FINAL DECISION OF A DRAIN

19    COMMISSIONER, DRAINAGE BOARD, OR BOARD OF DETERMINATION MAY FILE

20    AN APPEAL OF THE DECISION WITH THE CIRCUIT COURT NOT MORE THAN 21

21    DAYS AFTER THE DECISION IS MADE.

22         SEC. 643.  (1) FOR AN INTERCOUNTY DRAIN, IF A COMMISSIONER

23    CONSIDERS THE APPORTIONMENT BETWEEN THE COUNTIES TO BE UNFAIR,

24    THE COMMISSIONER MAY HAVE THE APPORTIONMENT REVIEWED BY AN ARBI-

25    TRATION BOARD COMPOSED OF DISINTERESTED COMMISSIONERS.  WITHIN 28

26    DAYS AFTER THE ORDER ESTABLISHING THE APPORTIONMENT, THE

27    COMMISSIONER SHALL FILE WITH THE DIRECTOR OF AGRICULTURE A SIGNED



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 1    CLAIM FOR REVIEW BY ARBITRATION IN WHICH THE COMMISSIONER SHALL

 2    STATE BRIEFLY IN WHAT RESPECT HE OR SHE CONSIDERS THE APPORTION-

 3    MENT UNFAIR AND REQUEST A REVIEW BY ARBITRATION.  NOT MORE THAN

 4    14 DAYS AFTER RECEIPT OF THE CLAIM FOR REVIEW BY ARBITRATION, THE

 5    DIRECTOR OF AGRICULTURE SHALL FORWARD TO THE COMMISSIONER OF EACH

 6    COUNTY TO WHICH A PERCENTAGE OF BENEFITS HAS BEEN APPORTIONED A

 7    COPY OF THE CLAIM FOR REVIEW BY ARBITRATION.  EACH COMMISSIONER

 8    SHALL SELECT 1 DISINTERESTED COMMISSIONER TO BE A MEMBER OF THE

 9    ARBITRATION BOARD AND, WITHIN 14 DAYS, SHALL NOTIFY THE DEPART-

10    MENT OF AGRICULTURE OF HIS OR HER SELECTION.  THE DIRECTOR OF

11    AGRICULTURE, AT THE EARLIEST DATE CONSISTENT WITH THE OPEN MEET-

12    INGS ACT, 1976 PA 267, MCL 15.261 TO 15.275, BUT NOT LATER THAN

13    28 DAYS AFTER THE NOTICE, SHALL NOTIFY THE SELECTED COMMISSIONERS

14    OF A DATE AND TIME THEY SHALL MEET IN THE OFFICE OF THE DIRECTOR

15    OF AGRICULTURE IN LANSING.  AT THE MEETING, THEY SHALL COMPLETE

16    THE ARBITRATION BOARD BY SELECTING 1 OR 2 MORE DISINTERESTED COM-

17    MISSIONERS, AS APPROPRIATE SO THE ARBITRATION BOARD HAS AN ODD

18    NUMBER OF MEMBERS.

19         (2) UPON SELECTION OF THE FINAL MEMBERS OF THE ARBITRATION

20    BOARD, THOSE MEMBERS PRESENT SHALL SET A DATE, TIME, AND PLACE IN

21    AN AFFECTED COUNTY FOR A FIRST FULL MEETING OF THE ARBITRATION

22    BOARD.  NOTICE OF THE MEETING SHALL BE SERVED PERSONALLY OR BY

23    FIRST-CLASS MAIL AT LEAST 14 DAYS BEFORE THE MEETING ON THE

24    COUNTY CLERK OF EACH AFFECTED COUNTY AND THE CLERK OF EACH TOWN-

25    SHIP IN EACH AFFECTED COUNTY.  THE ARBITRATION BOARD SHALL PUB-

26    LISH A NOTICE OF THE MEETING ONCE A WEEK FOR 2 CONSECUTIVE WEEKS

27    BEFORE THE MEETING IN A NEWSPAPER PUBLISHED AND OF GENERAL



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 1    CIRCULATION IN THE COUNTIES AFFECTED.  THE FIRST PUBLICATION

 2    SHALL BE AT LEAST 14 DAYS BEFORE THE MEETING.  THE DIRECTOR OF

 3    AGRICULTURE SHALL NOTIFY THE 1 OR 2 COMMISSIONERS SELECTED OF

 4    THEIR APPOINTMENT AND OF THE DATE, TIME, AND PLACE OF THE NEXT

 5    MEETING OF THE ARBITRATION BOARD.

 6         (3) THE ARBITRATION BOARD SHALL CONVENE AT THE TIME, DATE,

 7    AND PLACE SPECIFIED, TAKE TESTIMONY FROM THE AFFECTED PARTIES,

 8    ELECT A CHAIRPERSON AND SECRETARY, AND REVIEW THE FAIRNESS OF THE

 9    APPORTIONMENT BETWEEN THE COUNTIES.  THE ARBITRATION BOARD MAY

10    ADJOURN UNTIL THE REVIEW IS COMPLETED.  THE FINDINGS SHALL BE

11    MADE AND SIGNED BY ALL THE MEMBERS ATTESTING THE DETERMINATION OF

12    THE MAJORITY OF THE ARBITRATION BOARD, AND THE DETERMINATION BY

13    THE MAJORITY OF THE ARBITRATION BOARD IS FINAL AND CONCLUSIVE AS

14    TO THE FAIRNESS OF THE APPORTIONMENT.  COMMISSIONERS SO APPOINTED

15    SHALL BE COMPENSATED IN THE SAME AMOUNT AND MANNER AS MEMBERS OF

16    THE COUNTY BOARD OF COMMISSIONERS IN THEIR RESPECTIVE COUNTIES.

17    OTHER COSTS OF THE ARBITRATION BOARD SHALL BE BORNE BY THE

18    DISTRICT.

19         SEC. 644.  (1) THE OWNER OF ANY LAND IN THE DRAINAGE DIS-

20    TRICT OR ANY MUNICIPALITY THAT IS AGGRIEVED BY THE APPORTIONMENT

21    OF BENEFITS MADE BY A COMMISSIONER UNDER CHAPTER 7, NOT MORE THAN

22    28 DAYS AFTER THE DAY OF REVIEW OF THE APPORTIONMENT, MAY APPEAL

23    THE APPORTIONMENT BY FILING WITH THE CIRCUIT COURT FOR THE COUNTY

24    WHERE THE LAND OR MUNICIPALITY IS LOCATED A NOTICE OF APPEAL

25    REQUESTING THE APPOINTMENT OF A BOARD OF REVIEW AND A BOND.  THE

26    BOND SHALL BE IN SUCH SUM AS THE CIRCUIT JUDGE MAY REQUIRE, WITH

27    1 OR MORE SURETIES TO BE APPROVED BY THE CIRCUIT JUDGE,



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 1    CONDITIONED UPON THE PAYMENT OF THE COMPENSATION, MILEAGE, AND

 2    EXPENSES OF THE BOARD OF REVIEW IF THE APPORTIONMENT MADE BY THE

 3    COMMISSIONER IS SUSTAINED.

 4         (2) THE APPEAL MAY BE TAKEN BY THE CHAIRPERSON OF THE COUNTY

 5    BOARD OF COMMISSIONERS ON BEHALF OF THE COUNTY, THE CHAIRPERSON

 6    OF THE BOARD OF COUNTY ROAD COMMISSIONERS ON BEHALF OF THE ROAD

 7    COMMISSION, THE MAYOR OF ANY CITY ON BEHALF OF THE CITY, THE

 8    SUPERVISOR ON BEHALF OF A TOWNSHIP, OR THE PRESIDENT OF A VILLAGE

 9    ON BEHALF OF THE VILLAGE WHEN AUTHORIZED BY THE COUNTY BOARD OF

10    COMMISSIONERS, THE BOARD OF COUNTY ROAD COMMISSIONERS, THE VIL-

11    LAGE OR CITY COUNCIL, OR THE TOWNSHIP BOARD, RESPECTIVELY.  ONLY

12    1 BOARD SHALL BE APPOINTED BY THE CIRCUIT COURT.

13         (3) PROCEEDINGS FOR A PROJECT SHALL CONTINUE UNINTERRUPTED

14    BY AN APPEAL UNDER THIS SECTION.

15         SEC. 645.  (1) UPON THE CIRCUIT COURT'S RECEIPT OF A NOTICE

16    OF APPEAL UNDER SECTION 644, THE CHIEF OR ONLY JUDGE OF THE CIR-

17    CUIT COURT SHALL IMMEDIATELY NOTIFY THE COMMISSIONER IN WRITING

18    OF THE APPEAL, AND SHALL THEN MAKE AN ORDER APPOINTING 3 MEMBERS

19    OF A BOARD OF REVIEW AND 1 ALTERNATE MEMBER.  THE MEMBERS AND

20    ALTERNATE SHALL BE DISINTERESTED AND COMPETENT LANDOWNERS OF THE

21    COUNTY, NOT RESIDENTS OF THE TOWNSHIP OR TOWNSHIPS AFFECTED BY

22    THE DRAIN.  THE ALTERNATE MEMBER SHALL SERVE IF A REGULAR MEMBER

23    NEGLECTS, REFUSES, OR IS UNABLE TO SERVE.  IMMEDIATELY AFTER

24    MAKING THE APPOINTMENTS, THE COURT SHALL, WITH THE CONCURRENCE OF

25    THE COMMISSIONER, FIX THE TIME AND PLACE FOR A MEETING OF THE

26    BOARD OF REVIEW TO REVIEW THE APPORTIONMENTS.  THE MEETING SHALL

27    BE HELD NOT LESS THAN 14 OR MORE THAN 21 DAYS AFTER THE DATE OF



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 1    FILING THE NOTICE OF APPEAL.  THE COURT SHALL THEN NOTIFY THE

 2    PERSONS SO APPOINTED OF THEIR APPOINTMENT AND OF THE TIME AND

 3    PLACE OF MEETING.  CONSISTENT WITH SECTION 8, THE COURT SHALL

 4    ALSO NOTIFY EACH LANDOWNER AND MUNICIPALITY LIABLE FOR AN

 5    ASSESSMENT.  PROOF OF SERVICE OF THE NOTICES UNDER THIS SUBSEC-

 6    TION SHALL BE MADE BY THE PERSON SERVING THE NOTICES AND BE FILED

 7    IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT.

 8         (2) AT THE HEARING, THE BOARD OF REVIEW SHALL BE SWORN BY

 9    THE COMMISSIONER TO FAITHFULLY DISCHARGE THE DUTIES OF THE BOARD

10    OF REVIEW.

11         (3) MEMBERS OF THE BOARD OF REVIEW SHALL RECEIVE COMPENSA-

12    TION, MILEAGE, AND EXPENSES IN THE SAME MANNER AND AMOUNT AS A

13    BOARD OF DETERMINATION.

14         SEC. 646.  (1) THE BOARD OF REVIEW AT THE TIME, DATE, AND

15    PLACE SPECIFIED IN THE NOTICE SHALL HEAR THE PROOFS AND ALLEGA-

16    TIONS OF THE PARTIES IN RESPECT TO AN APPEAL, MAY PROCEED TO VIEW

17    THE LANDS BENEFITED BY THE DRAIN OR PROJECT, AND SHALL REVIEW ALL

18    OF THE APPORTIONMENTS MADE BY THE COMMISSIONER ON THE DRAIN OR

19    PROJECT.  IF IN THE JUDGMENT OF THE BOARD OF REVIEW THERE IS A

20    MANIFEST ERROR OR INEQUALITY IN THE APPORTIONMENTS, THE BOARD OF

21    REVIEW SHALL PREPARE A PROPOSED DECISION MAKING THE CHANGES IN

22    THE APPORTIONMENT THAT THE BOARD OF REVIEW CONSIDERS JUST AND

23    EQUITABLE AND SHALL ADJOURN THE REVIEW FOR NOT MORE THAN 21 DAYS

24    FROM THE DATE OF THE MEETING SPECIFIED IN THE FIRST NOTICE.  THE

25    BOARD OF REVIEW SHALL GIVE NOTICE OF THE ADJOURNMENT IN THE

26    MANNER PROVIDED IN SECTION 8(2) AND (3), AND BY POSTING NOTICE IN

27    THE OFFICE OF THE COMMISSIONER BY THE DATE BY WHICH MAILING OF



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 1    THE NOTICE IS REQUIRED UNDER SECTION 8(2).  HOWEVER, THE BOARD OF

 2    REVIEW NEED ONLY PROVIDE NOTICE TO PERSONS THAT THE BOARD OF

 3    REVIEW BELIEVES MAY BE AFFECTED BY ITS FINAL DECISION.

 4         (2) UPON RECONVENING, THE BOARD OF REVIEW SHALL HEAR ANY

 5    FURTHER PROOFS AND ALLEGATIONS RELEVANT TO THE PROPOSED DECISION

 6    OF THE BOARD OF REVIEW.  THE BOARD OF REVIEW MAY VIEW LANDS AND

 7    SHALL REVIEW APPORTIONMENTS THAT ARE THE SUBJECT OF THE FURTHER

 8    PROOFS AND ALLEGATIONS.

 9         (3) THE BOARD SHALL MAKE ITS FINAL DECISION, WHICH SHALL NOT

10    AFFECT ANY PERSON TO WHOM NOTICE WAS NOT PROVIDED UNDER SUBSEC-

11    TION (1).  THE DECISION OF THE BOARD OF REVIEW SHALL BE IN WRIT-

12    ING AND SIGNED BY THE BOARD MEMBERS AGREEING WITH THE DECISION,

13    AND SHALL BE DELIVERED TO THE COMMISSIONER WITHIN 14 DAYS OF THE

14    CLOSE OF THE MEETING TOGETHER WITH OTHER RECORDS RELATING TO THE

15    DECISION.

16         (4) IF THE BOARD OF REVIEW MAKES CHANGES IN THE APPORTION-

17    MENT, THE CHANGES SHALL BE MADE BY THE COMMISSIONER WITHOUT

18    NECESSITY FOR A NEW DAY OF REVIEW OR NOTICE TO THE DISTRICT OF

19    THE CHANGES MADE BY THE BOARD OF REVIEW.

20         SEC. 647.  THE COMMISSIONER SHALL GIVE NOTICE TO THE DIS-

21    TRICT OF THE DECISION OF THE BOARD OF REVIEW AS PROVIDED IN SEC-

22    TION 8.  IF THE APPORTIONMENT MADE BY THE COMMISSIONER IS SUS-

23    TAINED, THE PERSON APPEALING IS SEVERALLY LIABLE FOR ALL COSTS

24    INCURRED BY THE APPEAL AND THE SAME PROCEEDINGS SHALL BE HAD

25    THROUGHOUT IN ALL RESPECTS IN THE APPEAL AS TO THE BENEFITS AND

26    LIABILITIES AS IN THE CASE OF AN APPEAL FROM AN INDIVIDUAL

27    APPORTIONMENT.  HOWEVER, ONLY 1 BOARD OF REVIEW SHALL BE



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 1    APPOINTED BY THE CIRCUIT COURT FOR A DRAIN.  THE BOARD OF REVIEW

 2    MAY ADJOURN ANY HEARING BEFORE THEM FROM TIME TO TIME AS JUSTICE

 3    MAY REQUIRE, NOT EXCEEDING IN ALL 21 DAYS FROM THE DATE OF THEIR

 4    FIRST MEETING.

 5         Enacting section 1.  Sections 4, 5, 11, 21a, and 22,

 6    chapters 4, 5, and 6, sections 153, 155 to 161, 193, 194, 195,

 7    196, 197, 198, 246, 248, 268, 271, 272, 281, 321, and 325, chap-

 8    ters 14, 15, and 16, sections 424, 426, 427, 428, 432, 433, and

 9    434, chapters 19 to 21, section 621, and chapter 25 of the drain

10    code of 1956, 1956 PA 40, MCL 280.4, 280.5, 280.11, 280.21a,

11    280.22, 280.71 to 280.135, 280.153, 280.155 to 280.161, 280.193,

12    280.194, 280.195, 280.196, 280.197, 280.198, 280.246, 280.248,

13    280.268, 280.271, 280.272, 280.281, 280.321, 280.325, 280.341 to

14    280.384, 280.424, 280.426, 280.427, 280.428, 280.432, 280.433,

15    280.434, 280.441 to 280.549, 280.625 to 280.630, and 280.621, are

16    repealed.

























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