THE DRAIN CODE OF 1956 (EXCERPT)
Act 40 of 1956
280.221 Construction of drain; receipt of bids; sealed proposals; contracts; bonds; abandonment of petition; order; notice; board of county road commissioners authorized to bid.
At the time and place fixed in the notice therefor, the commissioner shall receive bids for the construction of the drain. The commissioner may in any case, and shall for all drains having an estimated cost exceeding $5,000.00, advertise for sealed proposals, to be opened on the day of letting. All sealed proposals received by the commissioner shall be publicly opened by him in the meeting and may be there examined by any person interested. As soon as practical after the opening of bids for the construction of any drain, the commissioner shall determine the lowest responsible bidder and award contracts, or he may reject all proposals and readvertise as in the first instance, and in cases where the commissioner determined that the taxes assessed for benefits shall be collected in more than 1 installment, he shall, subject to the provisions set forth in section 275 of this act, determine the amount, form, maturity and rate of interest of bonds to be issued. In counties having a board of county auditors no drain bonds shall be sold and no drain contracts let without the written consent and approval of the board of county auditors, but the approval of said board shall not be required in proceedings relative to intercounty drains.
If no contract shall be let within 5 years after the date of filing the petition to locate, establish and construct, or deepen, widen, straighten, tile, extend or clean out a drain, the drain commissioner may determine that the petition shall be deemed abandoned and no further action shall be taken to construct the drain. Time during which any litigation shall be pending to contest the validity of such proceedings shall not be counted as a part of such 5-year period. If the drain commissioner determines the petition shall be abandoned, he shall issue his order to that effect; provided, that such determination of abandonment shall not be issued within the 5-year period. Notice of the order shall be given by publishing a notice in a newspaper of general circulation in the county. The provisions of this section shall apply to all petitions which are in full force and effect on the date of January 1, 1973, or thereafter.
The board of county road commissioners, when authorized by a committee of supervisors appointed by the board of supervisors, is hereby authorized to bid for the construction, cleaning, deepening and widening of drains within the county, and, if such bid is accepted, shall be authorized to perform the work called for therein, and receive payment therefor. A bid tendered by such board of county road commissioners shall not be accepted unless such bid shall be at least 15% lower than any other bid tendered. The moneys received by the county road commission shall be credited to the county road fund, and expenditures incurred by the county road commission shall be proper disbursements therefrom.
History: 1956, Act 40, Imd. Eff. Mar. 28, 1956
Am. 1960, Act 4, Imd. Eff. Mar. 8, 1960
Am. 1973, Act 16, Imd. Eff. Apr. 30, 1973
Popular Name: Act 40
© 2009 Legislative Council, State of Michigan